Illinois General Assembly - Full Text of HB1360
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Full Text of HB1360  99th General Assembly

HB1360 99TH GENERAL ASSEMBLY

  
  

 


 
99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB1360

 

Introduced 2/4/2015, by Rep. Robyn Gabel

 

SYNOPSIS AS INTRODUCED:
 
105 ILCS 5/27A-5

    Amends the Charter Schools Law of the School Code. Requires a charter school to comply with all (instead of all applicable) health and safety requirements applicable to public schools under the laws of this State. Provides that a charter school is not exempt from local school board health, safety, and wellness policies. Makes technical changes having a revisory function. Effective immediately.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The School Code is amended by changing Section
527A-5 as follows:
 
6    (105 ILCS 5/27A-5)
7    Sec. 27A-5. Charter school; legal entity; requirements.
8    (a) A charter school shall be a public, nonsectarian,
9nonreligious, non-home based, and non-profit school. A charter
10school shall be organized and operated as a nonprofit
11corporation or other discrete, legal, nonprofit entity
12authorized under the laws of the State of Illinois.
13    (b) A charter school may be established under this Article
14by creating a new school or by converting an existing public
15school or attendance center to charter school status. Beginning
16on the effective date of this amendatory Act of the 93rd
17General Assembly, in all new applications to establish a
18charter school in a city having a population exceeding 500,000,
19operation of the charter school shall be limited to one campus.
20The changes made to this Section by this amendatory Act of the
2193rd General Assembly do not apply to charter schools existing
22or approved on or before the effective date of this amendatory
23Act.

 

 

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1    (b-5) In this subsection (b-5), "virtual-schooling" means
2a cyber school where students engage in online curriculum and
3instruction via the Internet and electronic communication with
4their teachers at remote locations and with students
5participating at different times.
6    From April 1, 2013 through December 31, 2016, there is a
7moratorium on the establishment of charter schools with
8virtual-schooling components in school districts other than a
9school district organized under Article 34 of this Code. This
10moratorium does not apply to a charter school with
11virtual-schooling components existing or approved prior to
12April 1, 2013 or to the renewal of the charter of a charter
13school with virtual-schooling components already approved
14prior to April 1, 2013.
15    On or before March 1, 2014, the Commission shall submit to
16the General Assembly a report on the effect of
17virtual-schooling, including without limitation the effect on
18student performance, the costs associated with
19virtual-schooling, and issues with oversight. The report shall
20include policy recommendations for virtual-schooling.
21    (c) A charter school shall be administered and governed by
22its board of directors or other governing body in the manner
23provided in its charter. The governing body of a charter school
24shall be subject to the Freedom of Information Act and the Open
25Meetings Act.
26    (d) A charter school shall comply with all applicable

 

 

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1health and safety requirements applicable to public schools
2under the laws of the State of Illinois.
3    (e) Except as otherwise provided in the School Code, a
4charter school shall not charge tuition; provided that a
5charter school may charge reasonable fees for textbooks,
6instructional materials, and student activities.
7    (f) A charter school shall be responsible for the
8management and operation of its fiscal affairs including, but
9not limited to, the preparation of its budget. An audit of each
10charter school's finances shall be conducted annually by an
11outside, independent contractor retained by the charter
12school. To ensure financial accountability for the use of
13public funds, on or before December 1 of every year of
14operation, each charter school shall submit to its authorizer
15and the State Board a copy of its audit and a copy of the Form
16990 the charter school filed that year with the federal
17Internal Revenue Service. In addition, if deemed necessary for
18proper financial oversight of the charter school, an authorizer
19may require quarterly financial statements from each charter
20school.
21    (g) A charter school shall comply with all provisions of
22this Article; the Illinois Educational Labor Relations Act; all
23federal and State laws and rules applicable to public schools
24that pertain to special education and the instruction of
25English language learners, referred to in this Code as
26"children of limited English-speaking ability"; and its

 

 

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1charter. A charter school is exempt from all other State laws
2and regulations in this Code governing public schools and local
3school board policies; however, a charter school is not exempt
4from , except the following:
5        (1) Sections 10-21.9 and 34-18.5 of this Code regarding
6    criminal history records checks and checks of the Statewide
7    Sex Offender Database and Statewide Murderer and Violent
8    Offender Against Youth Database of applicants for
9    employment;
10        (2) Sections 24-24 and 34-84A of this Code regarding
11    discipline of students;
12        (3) the Local Governmental and Governmental Employees
13    Tort Immunity Act;
14        (4) Section 108.75 of the General Not For Profit
15    Corporation Act of 1986 regarding indemnification of
16    officers, directors, employees, and agents;
17        (5) the Abused and Neglected Child Reporting Act;
18        (6) the Illinois School Student Records Act;
19        (7) Section 10-17a of this Code regarding school report
20    cards;
21        (8) the P-20 Longitudinal Education Data System Act;
22    and
23        (9) Section 27-23.7 of this Code regarding bullying
24    prevention; .
25        (10) (9) Section 2-3.162 2-3.160 of this the School
26    Code regarding student discipline reporting; and .

 

 

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1        (11) local school board health, safety, and wellness
2    policies.
3    The change made by Public Act 96-104 to this subsection (g)
4is declaratory of existing law.
5    (h) A charter school may negotiate and contract with a
6school district, the governing body of a State college or
7university or public community college, or any other public or
8for-profit or nonprofit private entity for: (i) the use of a
9school building and grounds or any other real property or
10facilities that the charter school desires to use or convert
11for use as a charter school site, (ii) the operation and
12maintenance thereof, and (iii) the provision of any service,
13activity, or undertaking that the charter school is required to
14perform in order to carry out the terms of its charter.
15However, a charter school that is established on or after the
16effective date of this amendatory Act of the 93rd General
17Assembly and that operates in a city having a population
18exceeding 500,000 may not contract with a for-profit entity to
19manage or operate the school during the period that commences
20on the effective date of this amendatory Act of the 93rd
21General Assembly and concludes at the end of the 2004-2005
22school year. Except as provided in subsection (i) of this
23Section, a school district may charge a charter school
24reasonable rent for the use of the district's buildings,
25grounds, and facilities. Any services for which a charter
26school contracts with a school district shall be provided by

 

 

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1the district at cost. Any services for which a charter school
2contracts with a local school board or with the governing body
3of a State college or university or public community college
4shall be provided by the public entity at cost.
5    (i) In no event shall a charter school that is established
6by converting an existing school or attendance center to
7charter school status be required to pay rent for space that is
8deemed available, as negotiated and provided in the charter
9agreement, in school district facilities. However, all other
10costs for the operation and maintenance of school district
11facilities that are used by the charter school shall be subject
12to negotiation between the charter school and the local school
13board and shall be set forth in the charter.
14    (j) A charter school may limit student enrollment by age or
15grade level.
16    (k) If the charter school is approved by the Commission,
17then the Commission charter school is its own local education
18agency.
19(Source: P.A. 97-152, eff. 7-20-11; 97-154, eff. 1-1-12;
2097-813, eff. 7-13-12; 98-16, eff. 5-24-13; 98-639, eff. 6-9-14;
2198-669, eff. 6-26-14; 98-739, eff. 7-16-14; 98-783, eff.
221-1-15; 98-1059, eff. 8-26-14; 98-1102, eff. 8-26-14; revised
2310-14-14.)
 
24    Section 99. Effective date. This Act takes effect upon
25becoming law.