Public Act 098-0640
 
HB4591 EnrolledLRB098 17997 NHT 53122 b


  
    AN ACT concerning education.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  



 
 
    Section 5. The School Code is amended  by changing Section 
27A-11 as follows:
 



    (105 ILCS 5/27A-11)



    Sec. 27A-11. Local financing. 

    (a) For purposes of the School Code, pupils enrolled in a 
charter school
shall be included in the pupil enrollment of the 
school district within which
the
pupil resides.  Each charter 
school (i) shall determine the school district in
which each 
pupil who is enrolled in the charter school resides,
(ii) shall

report the aggregate number of pupils resident of a school 
district who are
enrolled in the charter school to the school 
district in which those pupils
reside, and (iii) shall maintain 
accurate records of daily attendance that
shall be deemed 
sufficient to file claims under Section 18-8 notwithstanding

any other requirements of that Section regarding hours of 
instruction and
teacher certification.

    (b) Except for a charter school established by referendum 
under Section
27A-6.5, as part of a charter school contract, 
the charter school and the
local
school board shall agree on 
funding and any services to be provided by the
school district 
to the charter school.
Agreed funding that a charter school is 
to receive from the local school
board for a school year shall 
be paid in
equal quarterly installments with the payment of the

installment for the first quarter being made not later than 
July 1, unless the
charter establishes a different payment 
schedule. However, if a charter school dismisses a pupil from 
the charter school after receiving a quarterly payment, the  
charter school shall return to the school district, on a 
quarterly basis, the prorated portion of public funding 
provided for the education of that pupil for the time the 
student is not  enrolled at the charter school. Likewise, if a 
pupil transfers to a charter school between quarterly payments, 
the school district shall provide, on a quarterly basis, a 
prorated portion of the public funding to the charter school to 
provide for the education of that pupil. 

    All services centrally or otherwise provided by the school 
district
including, but not limited to, rent, food services, 
custodial services,
maintenance,
curriculum, media services, 
libraries, transportation, and warehousing shall be
subject to

negotiation between a charter school and the local school board 
and paid
for out
of the revenues negotiated pursuant to this 
subsection (b); provided that the
local school board shall not 
attempt, by negotiation or otherwise, to obligate
a charter 
school to provide pupil transportation for pupils for whom a 
district
is not required to provide transportation under the 
criteria set forth in
subsection (a)(13) of Section 27A-7.

    In no event shall the funding be less than 75% or more than

125% of the
school district's per capita student tuition 
multiplied by
the
number of students residing in the district 
who are enrolled in the charter
school.

    It is the intent of the General Assembly that funding and 
service agreements
under this subsection (b) shall be neither a 
financial incentive nor a
financial disincentive to the 
establishment of a charter school.

    The charter school may set and collect reasonable fees.  
Fees collected
from students enrolled at a charter school shall 
be retained
by the charter school.

    (c) Notwithstanding subsection (b) of this Section, the 
proportionate share
of State and federal resources generated by 
students with disabilities or staff
serving them shall be 
directed to charter schools enrolling those students by
their 
school districts or administrative units.  The proportionate 
share of
moneys generated under other federal or State 
categorical aid programs shall be
directed to charter schools 
serving students eligible for that aid.

    (d) The governing body of a charter school is authorized to 
accept
gifts,
donations, or grants of any kind made to the 
charter school and to expend or
use gifts, donations, or grants 
in accordance with the conditions prescribed by
the donor; 
however, a gift, donation, or grant may not be accepted by the

governing body if it is subject to any condition contrary to 
applicable law or
contrary
to the terms of the contract between 
the charter school and the local school
board.  Charter schools 
shall be encouraged to solicit and utilize community
volunteer 
speakers and other instructional resources when providing 
instruction
on the Holocaust and other historical events.

    (e) (Blank).

    (f) The State Board shall provide technical assistance to

persons and groups
preparing or revising charter applications.

    (g) At the non-renewal or revocation of its charter, each

charter school
shall refund to the local board of education all 
unspent funds.

    (h) A charter school is authorized to incur temporary, 
short
term debt to
pay operating expenses in anticipation of 
receipt of funds from the local
school board.

(Source: P.A. 90-548, eff. 1-1-98; 90-757, eff. 8-14-98; 
91-407, eff.
8-3-99.)

 
 
    Section 99. Effective date. This Act takes effect upon 
becoming law.