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| Public Act 098-0016 | ||||
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AN ACT concerning education.
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Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
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Section 5. The School Code is amended by changing Section | ||||
27A-5 as follows:
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(105 ILCS 5/27A-5)
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Sec. 27A-5. Charter school; legal entity; requirements.
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(a) A charter school shall be a public, nonsectarian, | ||||
nonreligious, non-home
based, and non-profit school. A charter | ||||
school shall be organized and operated
as a nonprofit | ||||
corporation or other discrete, legal, nonprofit entity
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authorized under the laws of the State of Illinois.
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(b) A charter school may be established under this Article | ||||
by creating a new
school or by converting an existing public | ||||
school or attendance center to
charter
school status.
Beginning | ||||
on the effective date of this amendatory Act of the 93rd | ||||
General
Assembly, in all new
applications submitted to the | ||||
State Board or a local school board to establish
a charter
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school in a city having a population exceeding 500,000, | ||||
operation of the
charter
school shall be limited to one campus. | ||||
The changes made to this Section by this
amendatory Act
of the | ||||
93rd General
Assembly do not apply to charter schools existing | ||||
or approved on or before the
effective date of this
amendatory | ||||
Act. | ||
(b-5) In this subsection (b-5), "virtual-schooling" means | ||
the teaching of courses through online methods with online | ||
instructors, rather than the instructor and student being at | ||
the same physical location. "Virtual-schooling" includes | ||
without limitation instruction provided by full-time, online | ||
virtual schools. | ||
From April 1, 2013 through April 1, 2014, there is a | ||
moratorium on the establishment of charter schools with | ||
virtual-schooling components in school districts other than a | ||
school district organized under Article 34 of this Code. This | ||
moratorium does not apply to a charter school with | ||
virtual-schooling components existing or approved prior to | ||
April 1, 2013 or to the renewal of the charter of a charter | ||
school with virtual-schooling components already approved | ||
prior to April 1, 2013. | ||
On or before March 1, 2014, the Commission shall submit to | ||
the General Assembly a report on the effect of | ||
virtual-schooling, including without limitation the effect on | ||
student performance, the costs associated with | ||
virtual-schooling, and issues with oversight. The report shall | ||
include policy recommendations for virtual-schooling.
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(c) A charter school shall be administered and governed by | ||
its board of
directors or other governing body
in the manner | ||
provided in its charter. The governing body of a charter school
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shall be subject to the Freedom of Information Act and the Open | ||
Meetings Act.
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(d) A charter school shall comply with all applicable | ||
health and safety
requirements applicable to public schools | ||
under the laws of the State of
Illinois.
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(e) Except as otherwise provided in the School Code, a | ||
charter school shall
not charge tuition; provided that a | ||
charter school may charge reasonable fees
for textbooks, | ||
instructional materials, and student activities.
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(f) A charter school shall be responsible for the | ||
management and operation
of its fiscal affairs including,
but | ||
not limited to, the preparation of its budget. An audit of each | ||
charter
school's finances shall be conducted annually by an | ||
outside, independent
contractor retained by the charter | ||
school. Annually, by December 1, every charter school must | ||
submit to the State Board a copy of its audit and a copy of the | ||
Form 990 the charter school filed that year with the federal | ||
Internal Revenue Service.
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(g) A charter school shall comply with all provisions of | ||
this Article, the Illinois Educational Labor Relations Act, and
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its charter. A charter
school is exempt from all other State | ||
laws and regulations in the School Code
governing public
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schools and local school board policies, except the following:
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(1) Sections 10-21.9 and 34-18.5 of the School Code | ||
regarding criminal
history records checks and checks of the | ||
Statewide Sex Offender Database and Statewide Murderer and | ||
Violent Offender Against Youth Database of applicants for | ||
employment;
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(2) Sections 24-24 and 34-84A of the School Code | ||
regarding discipline of
students;
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(3) The Local Governmental and Governmental Employees | ||
Tort Immunity Act;
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(4) Section 108.75 of the General Not For Profit | ||
Corporation Act of 1986
regarding indemnification of | ||
officers, directors, employees, and agents;
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(5) The Abused and Neglected Child Reporting Act;
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(6) The Illinois School Student Records Act;
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(7) Section 10-17a of the School Code regarding school | ||
report cards; and
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(8) The P-20 Longitudinal Education Data System Act. | ||
The change made by Public Act 96-104 to this subsection (g) | ||
is declaratory of existing law. | ||
(h) A charter school may negotiate and contract with a | ||
school district, the
governing body of a State college or | ||
university or public community college, or
any other public or | ||
for-profit or nonprofit private entity for: (i) the use
of a | ||
school building and grounds or any other real property or | ||
facilities that
the charter school desires to use or convert | ||
for use as a charter school site,
(ii) the operation and | ||
maintenance thereof, and
(iii) the provision of any service, | ||
activity, or undertaking that the charter
school is required to | ||
perform in order to carry out the terms of its charter.
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However, a charter school
that is established on
or
after the | ||
effective date of this amendatory Act of the 93rd General
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Assembly and that operates
in a city having a population | ||
exceeding
500,000 may not contract with a for-profit entity to
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manage or operate the school during the period that commences | ||
on the
effective date of this amendatory Act of the 93rd | ||
General Assembly and
concludes at the end of the 2004-2005 | ||
school year.
Except as provided in subsection (i) of this | ||
Section, a school district may
charge a charter school | ||
reasonable rent for the use of the district's
buildings, | ||
grounds, and facilities. Any services for which a charter | ||
school
contracts
with a school district shall be provided by | ||
the district at cost. Any services
for which a charter school | ||
contracts with a local school board or with the
governing body | ||
of a State college or university or public community college
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shall be provided by the public entity at cost.
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(i) In no event shall a charter school that is established | ||
by converting an
existing school or attendance center to | ||
charter school status be required to
pay rent for space
that is | ||
deemed available, as negotiated and provided in the charter | ||
agreement,
in school district
facilities. However, all other | ||
costs for the operation and maintenance of
school district | ||
facilities that are used by the charter school shall be subject
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to negotiation between
the charter school and the local school | ||
board and shall be set forth in the
charter.
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(j) A charter school may limit student enrollment by age or | ||
grade level.
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(k) If the charter school is approved by the Commission, | ||
then the Commission charter school is its own local education | ||
agency. | ||
(Source: P.A. 96-104, eff. 1-1-10; 96-105, eff. 7-30-09; | ||
96-107, eff. 7-30-09; 96-734, eff. 8-25-09; 96-1000, eff. | ||
7-2-10; 97-152, eff. 7-20-11; 97-154, eff. 1-1-12; 97-813, eff. | ||
7-13-12.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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