Full Text of HB0466 95th General Assembly
HB0466eng 95TH GENERAL ASSEMBLY
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HB0466 Engrossed |
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| AN ACT concerning education.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The School Code is amended by changing Section | 5 |
| 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, | 9 |
| nonreligious, non-home
based, and non-profit school. A charter | 10 |
| school shall be organized and operated
as a nonprofit | 11 |
| 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 | 14 |
| by creating a new
school or by converting an existing public | 15 |
| school or attendance center to
charter
school status.
Beginning | 16 |
| on the effective date of this amendatory Act of the 93rd | 17 |
| General
Assembly, in all new
applications submitted to the | 18 |
| 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, | 20 |
| operation of the
charter
school shall be limited to one campus. | 21 |
| The changes made to this Section by this
amendatory Act
of the | 22 |
| 93rd General
Assembly do not apply to charter schools existing | 23 |
| or approved on or before the
effective date of this
amendatory |
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| Act. A charter school may not have more campuses than the | 2 |
| number of campuses it has on the effective date of this | 3 |
| amendatory Act of the 95th General Assembly, except that if a | 4 |
| charter school has more than one campus and a campus closes on | 5 |
| or after the effective date of this amendatory Act of the 95th | 6 |
| General Assembly, then the number of campuses that the charter | 7 |
| school may have shall be reduced by the number of campuses that | 8 |
| have closed.
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| (c) A charter school shall be administered and governed by | 10 |
| its board of
directors or other governing body
in the manner | 11 |
| 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 | 13 |
| Meetings Act.
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| (d) A charter school shall comply with all applicable | 15 |
| health and safety
requirements applicable to public schools | 16 |
| under the laws of the State of
Illinois.
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| (e) Except as otherwise provided in the School Code, a | 18 |
| charter school shall
not charge tuition; provided that a | 19 |
| charter school may charge reasonable fees
for textbooks, | 20 |
| instructional materials, and student activities.
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| (f) A charter school shall be responsible for the | 22 |
| management and operation
of its fiscal affairs including,
but | 23 |
| not limited to, the preparation of its budget. An audit of each | 24 |
| charter
school's finances shall be conducted annually by an | 25 |
| outside, independent
contractor retained by the charter | 26 |
| school.
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| (g) A charter school shall comply with all provisions of | 2 |
| this Article and
its charter. A charter
school is exempt from | 3 |
| all other State laws and regulations in the School Code
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| governing public
schools and local school board policies, | 5 |
| except the following:
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| (1) Sections 10-21.9 and 34-18.5 of the School Code | 7 |
| regarding criminal
history records checks and checks of the | 8 |
| Statewide Sex Offender Database of applicants for | 9 |
| employment;
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| (2) Sections 24-24 and 34-84A of the School Code | 11 |
| regarding discipline of
students;
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| (3) The Local Governmental and Governmental Employees | 13 |
| Tort Immunity Act;
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| (4) Section 108.75 of the General Not For Profit | 15 |
| Corporation Act of 1986
regarding indemnification of | 16 |
| 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; and
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| (7) Section 10-17a of the School Code regarding school | 20 |
| report cards.
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| (h) A charter school may negotiate and contract with a | 22 |
| school district, the
governing body of a State college or | 23 |
| university or public community college, or
any other public or | 24 |
| for-profit or nonprofit private entity for: (i) the use
of a | 25 |
| school building and grounds or any other real property or | 26 |
| facilities that
the charter school desires to use or convert |
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| for use as a charter school site,
(ii) the operation and | 2 |
| maintenance thereof, and
(iii) the provision of any service, | 3 |
| activity, or undertaking that the charter
school is required to | 4 |
| 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 | 6 |
| effective date of this amendatory Act of the 93rd General
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| Assembly and that operates
in a city having a population | 8 |
| 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 | 10 |
| on the
effective date of this amendatory Act of the 93rd | 11 |
| General Assembly and
concludes at the end of the 2004-2005 | 12 |
| school year.
Except as provided in subsection (i) of this | 13 |
| Section, a school district may
charge a charter school | 14 |
| reasonable rent for the use of the district's
buildings, | 15 |
| grounds, and facilities. Any services for which a charter | 16 |
| school
contracts
with a school district shall be provided by | 17 |
| the district at cost. Any services
for which a charter school | 18 |
| contracts with a local school board or with the
governing body | 19 |
| 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 | 22 |
| by converting an
existing school or attendance center to | 23 |
| charter school status be required to
pay rent for space
that is | 24 |
| deemed available, as negotiated and provided in the charter | 25 |
| agreement,
in school district
facilities. However, all other | 26 |
| costs for the operation and maintenance of
school district |
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| 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 | 3 |
| board and shall be set forth in the
charter.
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| (j) A charter school may limit student enrollment by age or | 5 |
| grade level.
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| (Source: P.A. 93-3, eff. 4-16-03; 93-909, eff. 8-12-04; 94-219, | 7 |
| eff. 7-14-05.)
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