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1 AN ACT concerning charter schools, amending named Acts.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The State Finance Act is amended by adding
5 Section 5.490 as follows:
6 (30 ILCS 105/5.490 new)
7 Sec. 5.490. The Charter Schools Revolving Loan Fund.
8 Section 10. The School Code is amended by changing
9 Sections 27A-4, 27A-5, 27A-6, 27A-8, 27A-9, 27A-11, 27A-12,
10 and 29-4 and adding Sections 27A-6.5 and 27A-11.5 as follows:
11 (105 ILCS 5/27A-4)
12 Sec. 27A-4. General Provisions.
13 (a) The General Assembly does not intend to alter or
14 amend the provisions of any court-ordered desegregation plan
15 in effect for any school district. A charter school shall be
16 subject to all federal and State laws and constitutional
17 provisions prohibiting discrimination on the basis of
18 disability, race, creed, color, gender, national origin,
19 religion, ancestry, marital status, or need for special
20 education services.
21 (b) The total number of charter schools operating under
22 this Article at any one time shall not exceed 45 except as
23 otherwise provided in this subsection (b). Not more than that
24 However, no more than
22 50% of the number of resident pupils enrolled in any one
23 grade in a school district with only a single attendance
24 center covering that grade may be enrolled in a charter
25 school at one time.
26 (e) Nothing in this Article shall prevent 2 or more
27 local school boards from jointly issuing a charter to a
28 single shared charter school, provided that all of the
29 provisions of this Article are met as to those local school
30 boards.
31 (f) No local school board shall require any employee of
32 the school district to be employed in a charter school.
33 (g) No local school board shall require any pupil
34 residing within the geographic boundary of its district to
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1 enroll in a charter school.
2 (h) If there are more eligible applicants for enrollment
3 in a charter school than there are spaces available,
4 successful applicants shall be selected by lottery. However,
5 priority shall be given to siblings of pupils enrolled in the
6 charter school and to pupils who were enrolled in the charter
7 school the previous school year, unless expelled for cause.
8 Dual enrollment at both a charter school and a public school
9 or non-public school shall not be allowed. A pupil who is
10 suspended or expelled from a charter school shall be deemed
11 to be suspended or expelled from the public schools of the
12 school district in which the pupil resides.
13 (i) (Blank). No charter school established under this
14 Article may be authorized to open prior to the school year
15 beginning in the fall of 1996.
16 (Source: P.A. 89-450, eff. 4-10-96; revised 2-24-98.)
17 (105 ILCS 5/27A-5)
18 Sec. 27A-5. Charter school; legal entity; requirements.
19 (a) A charter school shall be a public, nonsectarian,
20 nonreligious, non-home based, and non-profit school. A
21 charter school shall be organized and operated as a nonprofit
22 corporation or other discrete, legal, nonprofit entity
23 authorized under the laws of the State of Illinois.
24 (b) A charter school may be established under this
25 Article by creating a new school or by converting an existing
26 public school or attendance center to charter school status.
27 (c) A charter school shall be administered and governed
28 by its board of directors or other governing body in the
29 manner provided in its charter. The governing body of a
30 charter school shall be subject to the Freedom of Information
31 Act and the Open Meetings Act.
32 (d) A charter school shall comply with all applicable
33 health and safety requirements applicable to public schools
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1 under the laws of the State of Illinois.
2 (e) Except as otherwise provided in the School Code, a
3 charter school shall not charge tuition; provided that a
4 charter school may charge reasonable fees for textbooks,
5 instructional materials, and student activities.
6 (f) A charter school shall be responsible for the
7 management and operation of its fiscal affairs including, but
8 not limited to, the preparation of its budget. An audit of
9 each charter school's finances shall be conducted annually by
10 an outside, independent contractor retained by the charter
11 school.
12 (g) A charter school shall comply with all provisions of
13 this Article and its charter. A charter school is exempt
14 from all other State laws and regulations in the School Code
15 governing public schools and local school board policies,
16 except the following:
17 (1) Sections 10-21.9 and 34-18.5 of the School Code
18 regarding criminal background investigations of
19 applicants for employment;
20 (2) Sections 24-24 and 34-84A of the School Code
21 regarding discipline of students;
22 (3) The Local Governmental and Governmental
23 Employees Tort Immunity Act;
24 (4) Section 108.75 of the General Not For Profit
25 Corporation Act of 1986 regarding indemnification of
26 officers, directors, employees, and agents;
27 (5) The Abused and Neglected Child Reporting Act;
28 and
29 (6) The Illinois School Student Records Act; and.
30 (7) Section 10-17a of the School Code regarding
31 school report cards.
32 (h) A charter school may negotiate and contract with a
33 school district, the governing body of a State college or
34 university or public community college, or any other public
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1 or for-profit or nonprofit private entity for: (i) the use of
2 a school building and grounds or any other real property or
3 facilities that the charter school desires to use or convert
4 for use as a charter school site, (ii) the operation and
5 maintenance thereof, and (iii) the provision of any service,
6 activity, or undertaking that the charter school is required
7 to perform in order to carry out the terms of its charter.
8 Except as provided in subsection (i) of this Section, a
9 school district may charge a charter school reasonable rent
10 for the use of the district's buildings, grounds, and
11 facilities. Any services for which a charter school
12 contracts with a school district shall be provided by the
13 district at cost. Any services for which a charter school
14 contracts with a local school board or with the governing
15 body of a State college or university or public community
16 college shall be provided by the public entity at cost.
17 (i) In no event shall a charter school that is
18 established by converting an existing school or attendance
19 center to charter school status be required to pay rent for
20 space that is deemed available, as negotiated and provided in
21 the charter agreement, in school district facilities.
22 However, all other costs for the operation and maintenance of
23 school district facilities that are used by the charter
24 school shall be subject to negotiation between the charter
25 school and the local school board and shall be set forth in
26 the charter.
27 (j) A charter school may limit student enrollment by age
28 or grade level.
29 (Source: P.A. 89-450, eff. 4-10-96.)
30 (105 ILCS 5/27A-6)
31 Sec. 27A-6. Contract contents; applicability of laws and
32 regulations.
33 (a) A certified charter shall constitute a binding
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1 contract and agreement between the charter school and a local
2 school board under the terms of which the local school board
3 authorizes the governing body of the charter school to
4 operate the charter school on the terms specified in the
5 contract.
6 (b) Notwithstanding any other provision of this Article,
7 the certified charter may not waive or release the charter
8 school from the State goals, standards, and assessments
9 established pursuant to Section 2-3.64.
10 (c) Subject to the provisions of subsection (e), a
11 material revision to a previously certified contract or a
12 renewal shall be made with the approval of both the local
13 school board and the governing body of the charter school.
14 (c-5) The proposed contract shall include a provision on
15 how both parties will address minor violations of the
16 contract.
17 (d) The proposed contract between the governing body of
18 a proposed charter school and the local school board as
19 described in Section 27A-7 must be submitted to and certified
20 by the State Board before it can take effect. If the State
21 Board recommends that the proposed contract be modified for
22 consistency with this Article before it can be certified, the
23 modifications must be consented to by both the governing body
24 of the charter school and the local school board, and
25 resubmitted to the State Board for its certification. If the
26 proposed contract is resubmitted in a form that is not
27 consistent with this Article, the State Board may refuse to
28 certify the charter.
29 The State Board shall assign a number to each submission
30 or resubmission in chronological order of receipt, and shall
31 determine whether the proposed contract is consistent with
32 the provisions of this Article. If the proposed contract
33 complies, the State Board shall so certify.
34 (e) No material revision to a previously certified
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1 contract or a renewal shall be effective unless and until the
2 State Board certifies that the revision or renewal is
3 consistent with the provisions of this Article.
4 (Source: P.A. 89-450, eff. 4-10-96.)
5 (105 ILCS 5/27A-6.5 new)
6 Sec. 27A-6.5. Charter school referendum.
7 (a) No charter shall be approved under this Section that
8 would convert any existing private, parochial, or non-public
9 school to a charter school or whose proposal has not been
10 certified by the State Board.
11 (b) A local school board shall, whenever petitioned to
12 do so by 5% or more of the voters of a school district or
13 districts identified in a charter school proposal, order
14 submitted to the voters thereof at a regularly scheduled
15 election the question of whether a new charter school shall
16 be established, which proposal has been certified by the
17 State Board to be in compliance with the provisions of this
18 Article, and the secretary shall certify the proposition to
19 the proper election authorities for submission in accordance
20 with the general election law. The proposition shall be in
21 substantially the following form:
22 "FOR the establishment of (name of proposed charter
23 school) under charter school proposal (charter school
24 proposal number).
25 AGAINST the establishment of (name of proposed
26 charter school) under charter school proposal (charter
27 school proposal number)".
28 (c) Before circulating a petition to submit the question
29 of whether to establish a charter school to the voters under
30 subsection (b) of this Section, the governing body of a
31 proposed charter school that desires to establish a new
32 charter school by referendum shall submit the charter school
33 proposal to the State Board in the form of a proposed
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1 contract to be entered into between the State Board and the
2 governing body of the proposed charter school, as provided
3 under Section 27A-6, together with written notice of the
4 intent to have a new charter school established by
5 referendum. The contract shall comply with the provisions of
6 this Article.
7 If the State Board finds that the proposed contract
8 complies with the provisions of this Article, it shall
9 immediately certify that the proposed contract complies with
10 the provisions of this Article and direct the local school
11 board to notify the proper election authorities that the
12 question of whether to establish a new charter school shall
13 be submitted for referendum.
14 (d) If the State Board finds that the proposal fails to
15 comply with the provisions of this Article, it shall refuse
16 to certify the proposal and provide written explanation,
17 detailing its reasons for refusal, to the local school board
18 and to the individuals or organizations submitting the
19 proposal. The State Board shall also notify the local school
20 board and the individuals or organizations submitting the
21 proposal that the proposal may be amended and resubmitted
22 under the same provisions required for an original
23 submission.
24 (e) If a majority of the votes cast upon the proposition
25 in each school district designated in the charter school
26 proposal is in favor of establishing a charter school, the
27 local school board shall notify the State Board of the
28 passage of the proposition in favor of establishing a charter
29 school and the State Board shall approve the charter within 7
30 days after the State Board of Elections has certified that a
31 majority of the votes cast upon the proposition is in favor
32 of establishing a charter school. The State Board shall be
33 the chartering entity for charter schools established by
34 referendum under this Section.
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1 (105 ILCS 5/27A-8)
2 Sec. 27A-8. Evaluation of charter proposals.
3 (a) This Section does not apply to a charter school
4 established by referendum under Section 27A-6.5. In
5 evaluating any charter school proposal submitted to it, the
6 local school board shall give preference to proposals that:
7 (1) demonstrate a high level of local pupil,
8 parental, community, business, and school personnel
9 support;
10 (2) set rigorous levels of expected pupil
11 achievement and demonstrate feasible plans for attaining
12 those levels of achievement; and
13 (3) are designed to enroll and serve a substantial
14 proportion of at-risk children; provided that nothing in
15 the Charter Schools Law shall be construed as intended to
16 limit the establishment of charter schools to those that
17 serve a substantial portion of at-risk children or to in
18 any manner restrict, limit, or discourage the
19 establishment of charter schools that enroll and serve
20 other pupil populations under a nonexclusive,
21 nondiscriminatory admissions policy.
22 (b) In the case of a proposal to establish a charter
23 school by converting an existing public school or attendance
24 center to charter school status, evidence that the proposed
25 formation of the charter school has received majority support
26 from certified teachers and from parents and guardians in the
27 school or attendance center affected by the proposed charter,
28 and, if applicable, from a local school council, shall be
29 demonstrated by a petition in support of the charter school
30 signed by certified teachers and a petition in support of the
31 charter school signed by parents and guardians and, if
32 applicable, by a vote of the local school council held at a
33 public meeting. In the case of all other proposals to
34 establish a charter school, evidence of sufficient support to
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1 fill the number of pupil seats set forth in the proposal may
2 be demonstrated by a petition in support of the charter
3 school signed by parents and guardians of students eligible
4 to attend the charter school. In all cases, the individuals,
5 organizations, or entities who initiate the proposal to
6 establish a charter school may elect, in lieu of including
7 any petition referred to in this subsection as a part of the
8 proposal submitted to the local school board, to demonstrate
9 that the charter school has received the support referred to
10 in this subsection by other evidence and information
11 presented at the public meeting that the local school board
12 is required to convene under this Section.
13 (c) Within 45 days of receipt of a charter school
14 proposal, the local school board shall convene a public
15 meeting to obtain information to assist the board in its
16 decision to grant or deny the charter school proposal.
17 (d) Notice of the public meeting required by this
18 Section shall be published in a community newspaper published
19 in the school district in which the proposed charter is
20 located and, if there is no such newspaper, then in a
21 newspaper published in the county and having circulation in
22 the school district. The notices shall be published not more
23 than 10 days nor less than 5 days before the meeting and
24 shall state that information regarding a charter school
25 proposal will be heard at the meeting. Copies of the notice
26 shall also be posted at appropriate locations in the school
27 or attendance center proposed to be established as a charter
28 school, the public schools in the school district, and the
29 local school board office.
30 (e) Within 30 days of the public meeting, the local
31 school board shall vote, in a public meeting, to either grant
32 or deny the charter school proposal.
33 (f) Within 7 days of the public meeting required under
34 subsection (e), the local school board shall file a report
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1 with the State Board granting or denying the proposal. Within
2 14 days of receipt of the local school board's report, the
3 State Board shall determine whether the approved charter
4 proposal is consistent with the provisions of this Article
5 and, if the approved proposal complies, certify the proposal
6 pursuant to Section 27A-6.
7 (Source: P.A. 89-450, eff. 4-10-96; 90-548, eff. 1-1-98.)
8 (105 ILCS 5/27A-9)
9 Sec. 27A-9. Term of charter; renewal.
10 (a) A charter may be granted for a period not less than
11 5 3 and not more than 10 5 school years. A charter may be
12 renewed in incremental periods not to exceed 5 school years.
13 (b) A charter school renewal proposal submitted to the
14 local school board or State Board, as the chartering entity,
15 shall contain:
16 (1) A report on the progress of the charter school
17 in achieving the goals, objectives, pupil performance
18 standards, content standards, and other terms of the
19 initial approved charter proposal; and
20 (2) A financial statement that discloses the costs
21 of administration, instruction, and other spending
22 categories for the charter school that is understandable
23 to the general public and that will allow comparison of
24 those costs to other schools or other comparable
25 organizations, in a format required by the State Board.
26 (c) A charter may be revoked or not renewed if the local
27 school board or State Board, as the chartering entity,
28 clearly demonstrates that the charter school did any of the
29 following, or otherwise failed to comply with the
30 requirements of this law:
31 (1) Committed a material violation of any of the
32 conditions, standards, or procedures set forth in the
33 charter.
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1 (2) Failed to meet or make reasonable progress
2 toward achievement of the content standards or pupil
3 performance standards identified in the charter.
4 (3) Failed to meet generally accepted standards of
5 fiscal management.
6 (4) Violated any provision of law from which the
7 charter school was not exempted.
8 (d) (Blank).
9 (e) Notice of a local school board's decision to deny,
10 revoke or not to renew a charter shall be provided to the
11 State Board. The State Board may reverse a local board's
12 decision if the State Board finds that the charter school or
13 charter school proposal (i) is in compliance with this
14 Article, and (ii) is in the best interests of the students it
15 is designed to serve. The State Board may condition the
16 granting of an appeal on the acceptance by the charter school
17 of funding in an amount less than that requested in the
18 proposal submitted to the local school board. Final decisions
19 of the State Board shall be subject to judicial review under
20 the Administrative Review Law.
21 (f) Notwithstanding other provisions of this Article, if
22 the State Board on appeal reverses a local board's decision
23 or if a charter school is approved by referendum, the State
24 Board shall act as the authorized chartering entity for the
25 charter school. The State Board shall approve and certify
26 the charter and shall perform all functions under this
27 Article otherwise performed by the local school board. The
28 State Board shall report the aggregate number of charter
29 school pupils resident in a school district to that district
30 and shall notify the district of the amount of funding to be
31 paid by the State Board to the charter school enrolling such
32 students. The State Board shall withhold from funds
33 otherwise due the district the funds authorized by this
34 Article to be paid to the charter school and shall pay such
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1 amounts to the charter school.
2 (Source: P.A. 89-450, eff. 4-10-96; 90-548, eff. 1-1-98.)
3 (105 ILCS 5/27A-11)
4 Sec. 27A-11. Local financing.
5 (a) For purposes of the School Code, pupils enrolled in
6 a charter school shall be included in the pupil enrollment of
7 the school district within which the pupil resides. Each
8 charter school (i) shall determine the school district in
9 which each pupil who is enrolled in the charter school
10 resides, (ii) shall report the aggregate number of pupils
11 resident of a school district who are enrolled in the charter
12 school to the school district in which those pupils reside,
13 and (iii) shall maintain accurate records of daily attendance
14 that shall be deemed sufficient to file claims under Section
15 18-8 notwithstanding any other requirements of that Section
16 regarding hours of instruction and teacher certification.
17 (b) Except for a charter school established by
18 referendum under Section 27A-6.5, as part of a charter school
19 contract, the charter school and the local school board shall
20 agree on funding and any services to be provided by the
21 school district to the charter school. Agreed funding that a
22 charter school is to receive from the local school board for
23 a school year shall be paid in equal quarterly installments
24 with the payment of the installment for the first quarter
25 being made not later than July 1, unless the charter
26 establishes a different payment schedule.
27 All services centrally or otherwise provided by the
28 school district including, but not limited to, rent, food
29 services, custodial services, maintenance, curriculum, media
30 services, libraries, transportation, and warehousing shall be
31 subject to negotiation between a charter school and the local
32 school board and paid for out of the revenues negotiated
33 pursuant to this subsection (b); provided that the local
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1 school board shall not attempt, by negotiation or otherwise,
2 to obligate a charter school to provide pupil transportation
3 for pupils for whom a district is not required to provide
4 transportation under the criteria set forth in subsection
5 (a)(13) of Section 27A-7.
6 In no event shall the funding be less than 75% or more
7 than 125% of the school district's per capita student tuition
8 multiplied by the number of students residing in the district
9 who are enrolled in the charter school.
10 It is the intent of the General Assembly that funding and
11 service agreements under this subsection (b) shall be neither
12 a financial incentive nor a financial disincentive to the
13 establishment of a charter school.
14 The charter school may set and collect reasonable fees.
15 Fees collected from students enrolled at a charter school
16 shall be retained by the charter school.
17 (c) Notwithstanding subsection (b) of this Section, the
18 proportionate share of State and federal resources generated
19 by students with disabilities or staff serving them shall be
20 directed to charter schools enrolling those students by their
21 school districts or administrative units. The proportionate
22 share of moneys generated under other federal or State
23 categorical aid programs shall be directed to charter schools
24 serving students eligible for that aid.
25 (d)(1) The governing body of a charter school is
26 authorized to accept gifts, donations, or grants of any kind
27 made to the charter school and to expend or use gifts,
28 donations, or grants in accordance with the conditions
29 prescribed by the donor; however, a gift, donation, or grant
30 may not be accepted by the governing body if it is subject to
31 any condition contrary to applicable law or contrary to the
32 terms of the contract between the charter school and the
33 local school board. Charter schools shall be encouraged to
34 solicit and utilize community volunteer speakers and other
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1 instructional resources when providing instruction on the
2 Holocaust and other historical events.
3 (2) From amounts appropriated to the State Board for
4 purposes of this subsection (d)(2), the State Board may make
5 loans to charter schools established under this Article to be
6 used by those schools to defer their start-up costs of
7 acquiring textbooks and laboratory and other equipment
8 required for student instruction. Any such loan shall be made
9 to a charter school at the inception of the term of its
10 charter, under terms established by the State Board, and
11 shall be repaid by the charter school over the term of its
12 charter. A local school board is not responsible for the
13 repayment of the loan.
14 (e) (Blank). No later than January 1, 1997, the State
15 Board shall issue a report to the General Assembly and the
16 Governor describing the charter schools certified under this
17 Article, their geographic locations, their areas of focus,
18 and the numbers of school children served by them.
19 (f) The State Board shall provide technical assistance
20 to persons and groups preparing or revising charter
21 applications.
22 (g) At the non-renewal or revocation of its charter,
23 each charter school shall refund to the local board of
24 education all unspent funds.
25 (h) A charter school is authorized to incur temporary,
26 short term debt to pay operating expenses in anticipation of
27 receipt of funds from the local school board.
28 (Source: P.A. 89-450, eff. 4-10-96; 90-548, eff. 1-1-98;
29 90-757, eff. 8-14-98.)
30 (105 ILCS 5/27A-11.5 new)
31 Sec. 27A-11.5. State financing. The State Board of
32 Education shall make the following funds available to school
33 districts and charter schools:
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1 (1) From a separate appropriation made to the State
2 Board for purposes of this subdivision (1), the State
3 Board shall make transition impact aid available to
4 school districts that approve a new charter school or
5 that have funds withheld by the State Board to fund a new
6 charter school that is chartered by the State Board. The
7 amount of the aid shall equal 90% of the per capita
8 funding paid to the charter school during the first year
9 of its initial charter term, 65% of the per capita
10 funding paid to the charter school during the second year
11 of its initial term, and 35% of the per capita funding
12 paid to the charter school during the third year of its
13 initial term. This transition impact aid shall be paid
14 to the local school board in equal quarterly
15 installments, with the payment of the installment for the
16 first quarter being made by August 1st immediately
17 preceding the first, second, and third years of the
18 initial term. The district shall file an application for
19 this aid with the State Board in a format designated by
20 the State Board. If the appropriation is insufficient in
21 any year to pay all approved claims, the impact aid shall
22 be prorated.
23 (2) From a separate appropriation made for the
24 purpose of this subdivision (2), the State Board shall
25 make grants to charter schools to pay their start-up
26 costs of acquiring educational materials and supplies,
27 textbooks, furniture, and other equipment needed during
28 their initial term. The State Board shall annually
29 establish the time and manner of application for these
30 grants, which shall not exceed $250 per student enrolled
31 in the charter school.
32 (3) The Charter Schools Revolving Loan Fund is
33 created as a special fund in the State treasury. Federal
34 funds, such other funds as may be made available for
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1 costs associated with the establishment of charter
2 schools in Illinois, and amounts repaid by charter
3 schools that have received a loan from the Charter
4 Schools Revolving Loan Fund shall be deposited into the
5 Charter Schools Revolving Loan Fund, and the moneys in
6 the Charter Schools Revolving Loan Fund shall be
7 appropriated to the State Board and used to provide
8 interest-free loans to charter schools. These funds
9 shall be used to pay start-up costs of acquiring
10 educational materials and supplies, textbooks, furniture,
11 and other equipment needed in the initial term of the
12 charter school and for acquiring and remodeling a
13 suitable physical plant, within the initial term of the
14 charter school. Loans shall be limited to one loan per
15 charter school and shall not exceed $250 per student
16 enrolled in the charter school. A loan shall be repaid
17 by the end of the initial term of the charter school.
18 The State Board may deduct amounts necessary to repay the
19 loan from funds due to the charter school or may require
20 that the local school board that authorized the charter
21 school deduct such amounts from funds due the charter
22 school and remit these amounts to the State Board,
23 provided that the local school board shall not be
24 responsible for repayment of the loan.
25 (4) A charter school may apply for and receive,
26 subject to the same restrictions applicable to school
27 districts, any grant administered by the State Board that
28 is available for school districts.
29 (105 ILCS 5/27A-12)
30 Sec. 27A-12. Evaluation; annual report. The State Board
31 shall compile annual evaluations of charter schools received
32 from local school boards and shall prepare an annual report
33 on charter schools. The State Board shall review information
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1 regarding the regulations and policies from which charter
2 schools were released to determine if the exemption assisted
3 or impeded the charter schools in meeting their stated goals
4 and objectives. Each annual report shall include suggested
5 changes in State law necessary to strengthen or change
6 charter schools.
7 On or before the second Wednesday of January, 1998, and
8 on or before the second Wednesday of January of each
9 subsequent calendar year, the State Board shall issue a
10 report to the General Assembly and the Governor on its
11 findings for the school year ending in the preceding calendar
12 year.
13 In preparing the annual report required by this Section,
14 the State Board (i) shall compare the performance of charter
15 school pupils with the performance of ethnically and
16 economically comparable groups of pupils in other public
17 schools who are enrolled in academically comparable courses,
18 (ii) shall review information regarding the regulations and
19 policies from which charter schools were released to
20 determine if the exemptions assisted or impeded the charter
21 schools in meeting their stated goals and objectives, and
22 (iii) shall include suggested changes in State law necessary
23 to strengthen charter schools.
24 In addition, the State Board shall undertake and report
25 on periodic evaluations of charter schools that include
26 evaluations of student academic achievement, the extent to
27 which charter schools are accomplishing their missions and
28 goals, the sufficiency of funding for charter schools, and
29 the need for changes in the approval process for charter
30 schools.
31 (Source: P.A. 89-450, eff. 4-10-96.)
32 (105 ILCS 5/29-4) (from Ch. 122, par. 29-4)
33 Sec. 29-4. Pupils attending a charter school or nonpublic
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1 other than a public school. The school board of any school
2 district that provides any school bus or conveyance for
3 transporting pupils to and from the public schools shall
4 afford transportation, without cost, for children who attend
5 a charter school or any school other than a public school,
6 who reside at least 1 1/2 miles from the school attended, and
7 who reside on or along the highway constituting the regular
8 route of such public school bus or conveyance, such
9 transportation to extend from some point on the regular route
10 nearest or most easily accessible to their homes to and from
11 the school attended, or to or from a point on such regular
12 route which is nearest or most easily accessible to the
13 school attended by such children. Nothing herein shall be
14 construed to prevent high school districts from transporting
15 public or non-public elementary school pupils on a regular
16 route where deemed appropriate. The elementary district in
17 which such pupils reside shall enter into a contractual
18 agreement with the high school district providing the
19 service, make payments accordingly, and make claims to the
20 State in the amount of such contractual payments. The person
21 in charge of any charter school or school other than a public
22 school shall certify on a form to be provided by the State
23 Superintendent of Education, the names and addresses of
24 pupils transported and when such pupils were in attendance at
25 the school. If any such children reside within 1 1/2 miles
26 from the school attended, the school board shall afford such
27 transportation to such children on the same basis as it
28 provides transportation for its own pupils residing within
29 that distance from the school attended.
30 Nothing herein shall be construed to preclude a school
31 district from operating separate regular bus routes, subject
32 to the limitations of this Section, for the benefit of
33 children who attend a charter school or any school other than
34 a public school where the operation of such routes is safer,
SB648 Engrossed -20- LRB9105854NTsb
1 more economical and more efficient than if such school
2 district were precluded from operating separate regular bus
3 routes.
4 If a school district is required by this Section to
5 afford transportation without cost for any child who is not a
6 resident of the district, the school district providing such
7 transportation is entitled to reimbursement from the school
8 district in which the child resides for the cost of
9 furnishing that transportation, including a reasonable
10 allowance for depreciation on each vehicle so used. The
11 school district where the child resides shall reimburse the
12 district providing the transportation for such costs, by the
13 10th of each month or on such less frequent schedule as may
14 be agreed to by the 2 school districts.
15 (Source: P.A. 81-1050.)
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