Full Text of HB5588 98th General Assembly
HB5588enr 98TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning education.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The School Code is amended by changing Sections | 5 | | 2-3.25g, 2-3.32, 2-3.47, 10-22.5a, 14-7.03, 18-4.5, 18-6, | 6 | | 27A-5, 27A-6.5, 27A-7, 27A-9, 27A-11, and 27A-11.5 as follows: | 7 | | (105 ILCS 5/2-3.25g) (from Ch. 122, par. 2-3.25g) | 8 | | Sec. 2-3.25g. Waiver or modification of mandates within the | 9 | | School
Code and administrative rules and regulations. | 10 | | (a) In this Section: | 11 | | "Board" means a school board or the governing board or | 12 | | administrative district, as the case may be, for a joint | 13 | | agreement. | 14 | | "Eligible applicant" means a school district, joint | 15 | | agreement made up of school districts, or regional | 16 | | superintendent of schools on behalf of schools and programs | 17 | | operated by the regional office of education.
| 18 | | "Implementation date" has the meaning set forth in | 19 | | Section 24A-2.5 of this Code. | 20 | | "State Board" means the State Board of Education.
| 21 | | (b) Notwithstanding any other
provisions of this School | 22 | | Code or any other law of this State to the
contrary, eligible | 23 | | applicants may petition the State Board of Education for the
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| 1 | | waiver or modification of the mandates of this School Code or | 2 | | of the
administrative rules and regulations promulgated by the | 3 | | State Board of
Education. Waivers or modifications of | 4 | | administrative rules and regulations
and modifications of | 5 | | mandates of this School Code may be requested when an eligible | 6 | | applicant demonstrates that it can address the intent of the | 7 | | rule or
mandate in a more effective, efficient, or economical | 8 | | manner or when necessary
to stimulate innovation or improve | 9 | | student performance. Waivers of
mandates of
the School Code may | 10 | | be requested when the waivers are necessary to stimulate
| 11 | | innovation or improve student performance. Waivers may not be | 12 | | requested
from laws, rules, and regulations pertaining to | 13 | | special education, teacher educator licensure
certification , | 14 | | teacher tenure and seniority, or Section 5-2.1 of this Code or | 15 | | from compliance with the No
Child Left Behind Act of 2001 | 16 | | (Public Law 107-110). Eligible applicants may not seek a waiver | 17 | | or seek a modification of a mandate regarding the requirements | 18 | | for (i) student performance data to be a significant factor in | 19 | | teacher or principal evaluations or (ii) for teachers and | 20 | | principals to be rated using the 4 categories of "excellent", | 21 | | "proficient", "needs improvement", or "unsatisfactory". On | 22 | | September 1, 2014, any previously authorized waiver or | 23 | | modification from such requirements shall terminate. | 24 | | (c) Eligible applicants, as a matter of inherent managerial | 25 | | policy, and any
Independent Authority established under | 26 | | Section 2-3.25f may submit an
application for a waiver or |
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| 1 | | modification authorized under this Section. Each
application | 2 | | must include a written request by the eligible applicant or
| 3 | | Independent Authority and must demonstrate that the intent of | 4 | | the mandate can
be addressed in a more effective, efficient, or | 5 | | economical manner
or be based
upon a specific plan for improved | 6 | | student performance and school improvement.
Any eligible | 7 | | applicant requesting a waiver or modification for the reason | 8 | | that intent
of the mandate can be addressed in a more | 9 | | economical manner shall include in
the application a fiscal | 10 | | analysis showing current expenditures on the mandate
and | 11 | | projected savings resulting from the waiver
or modification. | 12 | | Applications
and plans developed by eligible applicants must be | 13 | | approved by the board or regional superintendent of schools | 14 | | applying on behalf of schools or programs operated by the | 15 | | regional office of education following a public hearing on the | 16 | | application and plan and the
opportunity for the board or | 17 | | regional superintendent to hear testimony from staff
directly | 18 | | involved in
its implementation, parents, and students. The time | 19 | | period for such testimony shall be separate from the time | 20 | | period established by the eligible applicant for public comment | 21 | | on other matters. If the applicant is a school district or | 22 | | joint agreement requesting a waiver or modification of Section | 23 | | 27-6 of this Code, the public hearing shall be held on a day | 24 | | other than the day on which a regular meeting of the board is | 25 | | held. | 26 | | (c-5) If the applicant is a school district, then the |
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| 1 | | district shall post information that sets forth the time, date, | 2 | | place, and general subject matter of the public hearing on its | 3 | | Internet website at least 14 days prior to the hearing. If the | 4 | | district is requesting to increase the fee charged for driver | 5 | | education authorized pursuant to Section 27-24.2 of this Code, | 6 | | the website information shall include the proposed amount of | 7 | | the fee the district will request. All school districts must | 8 | | publish a notice of the public hearing at least 7 days prior to | 9 | | the hearing in a newspaper of general circulation within the | 10 | | school district that sets forth the time, date, place, and | 11 | | general subject matter of the hearing. Districts requesting to | 12 | | increase the fee charged for driver education shall include in | 13 | | the published notice the proposed amount of the fee the | 14 | | district will request. If the applicant is a joint agreement or | 15 | | regional superintendent, then the joint agreement or regional | 16 | | superintendent shall post information that sets forth the time, | 17 | | date, place, and general subject matter of the public hearing | 18 | | on its Internet website at least 14 days prior to the hearing. | 19 | | If the joint agreement or regional superintendent is requesting | 20 | | to increase the fee charged for driver education authorized | 21 | | pursuant to Section 27-24.2 of this Code, the website | 22 | | information shall include the proposed amount of the fee the | 23 | | applicant will request. All joint agreements and regional | 24 | | superintendents must publish a notice of the public hearing at | 25 | | least 7 days prior to the hearing in a newspaper of general | 26 | | circulation in each school district that is a member of the |
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| 1 | | joint agreement or that is served by the educational service | 2 | | region that sets forth the time, date, place, and general | 3 | | subject matter of the hearing, provided that a notice appearing | 4 | | in a newspaper generally circulated in more than one school | 5 | | district shall be deemed to fulfill this requirement with | 6 | | respect to all of the affected districts. Joint agreements or | 7 | | regional superintendents requesting to increase the fee | 8 | | charged for driver education shall include in the published | 9 | | notice the proposed amount of the fee the applicant will | 10 | | request. The
eligible applicant must notify in writing the | 11 | | affected exclusive collective
bargaining agent and those State | 12 | | legislators representing the eligible applicant's territory of
| 13 | | its
intent to seek approval of a
waiver or
modification and of | 14 | | the hearing to be held to take testimony from staff.
The | 15 | | affected exclusive collective bargaining agents shall be | 16 | | notified of such
public hearing at least 7 days prior to the | 17 | | date of the hearing and shall be
allowed to attend
such public | 18 | | hearing. The eligible applicant shall attest to compliance with | 19 | | all of
the notification and procedural requirements set forth | 20 | | in this Section. | 21 | | (d) A request for a waiver or modification of | 22 | | administrative rules and
regulations or for a modification of | 23 | | mandates contained in this School Code
shall be submitted to | 24 | | the State Board of Education within 15 days after
approval by | 25 | | the board or regional superintendent of schools. The | 26 | | application as submitted to the
State Board of Education shall |
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| 1 | | include a description of the public hearing. Except with | 2 | | respect to contracting for adaptive driver education, an | 3 | | eligible applicant wishing to request a modification or waiver | 4 | | of administrative rules of the State Board of Education | 5 | | regarding contracting with a commercial driver training school | 6 | | to provide the course of study authorized under Section 27-24.2 | 7 | | of this Code must provide evidence with its application that | 8 | | the commercial driver training school with which it will | 9 | | contract holds a license issued by the Secretary of State under | 10 | | Article IV of Chapter 6 of the Illinois Vehicle Code and that | 11 | | each instructor employed by the commercial driver training | 12 | | school to provide instruction to students served by the school | 13 | | district holds a valid teaching certificate or teaching | 14 | | license, as applicable, issued under the requirements of this | 15 | | Code and rules of the State Board of Education. Such evidence | 16 | | must include, but need not be limited to, a list of each | 17 | | instructor assigned to teach students served by the school | 18 | | district, which list shall include the instructor's name, | 19 | | personal identification number as required by the State Board | 20 | | of Education, birth date, and driver's license number. If the | 21 | | modification or waiver is granted, then the eligible applicant | 22 | | shall notify the State Board of Education of any changes in the | 23 | | personnel providing instruction within 15 calendar days after | 24 | | an instructor leaves the program or a new instructor is hired. | 25 | | Such notification shall include the instructor's name, | 26 | | personal identification number as required by the State Board |
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| 1 | | of Education, birth date, and driver's license number. If a | 2 | | school district maintains an Internet website, then the | 3 | | district shall post a copy of the final contract between the | 4 | | district and the commercial driver training school on the | 5 | | district's Internet website. If no Internet website exists, | 6 | | then the district shall make available the contract upon | 7 | | request. A record of all materials in relation to the | 8 | | application for contracting must be maintained by the school | 9 | | district and made available to parents and guardians upon | 10 | | request. The instructor's date of birth and driver's license | 11 | | number and any other personally identifying information as | 12 | | deemed by the federal Driver's Privacy Protection Act of 1994 | 13 | | must be redacted from any public materials.
Following receipt | 14 | | of the waiver or modification request, the
State Board shall | 15 | | have 45 days to review the application and request. If the
| 16 | | State Board fails to disapprove the application within that 45 | 17 | | day period, the
waiver or modification shall be deemed granted. | 18 | | The State Board
may disapprove
any request if it is not based | 19 | | upon sound educational practices, endangers the
health or | 20 | | safety of students or staff, compromises equal opportunities | 21 | | for
learning, or fails to demonstrate that the intent of the | 22 | | rule or mandate can be
addressed in a more effective, | 23 | | efficient, or economical manner or have improved
student | 24 | | performance as a primary goal. Any request disapproved by the | 25 | | State
Board may be appealed to the General Assembly by the | 26 | | eligible applicant
as outlined in this Section. |
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| 1 | | A request for a waiver from mandates contained in this | 2 | | School Code shall be
submitted to the State Board within 15 | 3 | | days after approval by the board or regional superintendent of | 4 | | schools.
The application as submitted to the State Board of | 5 | | Education
shall include a description of the public hearing. | 6 | | The description shall
include, but need not be limited to, the | 7 | | means of notice, the number of people
in attendance, the number | 8 | | of people who spoke as proponents or opponents of the
waiver, a | 9 | | brief description of their comments, and whether there were any
| 10 | | written statements submitted.
The State Board shall review the | 11 | | applications and requests for
completeness and shall compile | 12 | | the requests in reports to be filed with the
General Assembly.
| 13 | | The State Board shall file
reports outlining the waivers
| 14 | | requested by eligible applicants
and appeals by eligible | 15 | | applicants of requests
disapproved by the State Board with the | 16 | | Senate and the House of
Representatives before each March 1 and
| 17 | | October
1. The General Assembly may disapprove the report of | 18 | | the State Board in whole
or in part within 60 calendar days | 19 | | after each house of the General Assembly
next
convenes after | 20 | | the report is filed by adoption of a resolution by a record | 21 | | vote
of the majority of members elected in each house. If the | 22 | | General Assembly
fails to disapprove any waiver request or | 23 | | appealed request within such 60
day period, the waiver or | 24 | | modification shall be deemed granted. Any resolution
adopted by | 25 | | the General Assembly disapproving a report of the State Board | 26 | | in
whole or in part shall be binding on the State Board. |
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| 1 | | (e) An approved waiver or modification (except a waiver | 2 | | from or modification to a physical education mandate) may | 3 | | remain in effect for a period not to
exceed 5 school years and | 4 | | may be renewed upon application by the
eligible applicant. | 5 | | However, such waiver or modification may be changed within that
| 6 | | 5-year period by a board or regional superintendent of schools | 7 | | applying on behalf of schools or programs operated by the | 8 | | regional office of education following the procedure as set
| 9 | | forth in this Section for the initial waiver or modification | 10 | | request. If
neither the State Board of Education nor the | 11 | | General Assembly disapproves, the
change is deemed granted. | 12 | | An approved waiver from or modification to a physical | 13 | | education mandate may remain in effect for a period not to | 14 | | exceed 2 school years and may be renewed no more than 2 times | 15 | | upon application by the eligible applicant. An approved waiver | 16 | | from or modification to a physical education mandate may be | 17 | | changed within the 2-year period by the board or regional | 18 | | superintendent of schools, whichever is applicable, following | 19 | | the procedure set forth in this Section for the initial waiver | 20 | | or modification request. If neither the State Board of | 21 | | Education nor the General Assembly disapproves, the change is | 22 | | deemed granted.
| 23 | | (f) (Blank). | 24 | | (Source: P.A. 97-1025, eff. 1-1-13; 98-513, eff. 1-1-14.)
| 25 | | (105 ILCS 5/2-3.32) (from Ch. 122, par. 2-3.32)
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| 1 | | Sec. 2-3.32. Auditing department. To maintain a division of | 2 | | audits to consist of one qualified supervisor
and junior | 3 | | accountants who are to be competent persons whose duty it shall
| 4 | | be to establish a system to perform audits, on a sample basis, | 5 | | of audit all claims for state moneys relative to the public | 6 | | school
system of Illinois.
| 7 | | (Source: Laws 1965, p. 1985.)
| 8 | | (105 ILCS 5/2-3.47) (from Ch. 122, par. 2-3.47)
| 9 | | Sec. 2-3.47. The State Board of Education shall annually | 10 | | submit a budget recommendation to the Governor and General | 11 | | Assembly that contains recommendations for funding for | 12 | | pre-school through grade 12. Comprehensive Educational Plan. | 13 | | The State Board of
Education shall analyze the current and | 14 | | anticipated
problems and deficiencies, present and future | 15 | | minimum needs and
requirements and immediate and future | 16 | | objectives and goals of elementary
and secondary education in | 17 | | the State of Illinois, and shall design and prepare
a | 18 | | Comprehensive Educational Plan for the development, expansion, | 19 | | integration,
coordination, and improved and efficient | 20 | | utilization of the personnel,
facilities,
revenues, curricula | 21 | | and standards of elementary and secondary education
for the | 22 | | public schools in the areas of teaching (including preparation,
| 23 | | certification, compensation, classification, performance | 24 | | rating and tenure),
administration, program content and | 25 | | enrichment, student academic achievement,
class size, |
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| 1 | | transportation, educational finance and budgetary and | 2 | | accounting
procedure, and educational policy and resource | 3 | | planning. In formulating
the Comprehensive Educational Plan | 4 | | for elementary and secondary education,
pre-school through | 5 | | grade 12, in this State, the State Board of Education
shall | 6 | | give consideration to disabled, occupational,
career and
other | 7 | | specialized areas of elementary and secondary education, and | 8 | | further
shall consider the problems, requirements and | 9 | | objectives of private elementary
and secondary schools within | 10 | | the State as the same relate to the present
and future | 11 | | problems, deficiencies, needs, requirements, objectives and | 12 | | goals
of the public school system of Illinois. As an integral | 13 | | part of the
Comprehensive
Educational Plan, the State Board of | 14 | | Education shall develop an annual budget
for education for the | 15 | | entire State which details the required, total revenues
from | 16 | | all sources and the estimated total expenditures for all | 17 | | purposes under
the Comprehensive
Educational
Plan. The budgets | 18 | | shall specify the amount of revenue projected from each
source | 19 | | and the amount of expenditure estimated for each purpose for | 20 | | the fiscal year, and shall specifically relate and identify | 21 | | such projected
revenues and estimated expenditures to the | 22 | | particular problem, deficiency,
need, requirement, objective | 23 | | or goal set forth in the Comprehensive Educational
Plan to | 24 | | which such revenues for expenditures are attributable. The | 25 | | State
Board of Education shall prepare and submit to the | 26 | | General Assembly and
the Governor drafts of proposed |
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| 1 | | legislation to implement the Comprehensive
Educational Plan; | 2 | | shall engage in a continuing study, analysis and evaluation
of | 3 | | the Comprehensive Educational Plan so designed and prepared;
| 4 | | and shall from time to time as required with respect to such | 5 | | annual budgets,
and as the State Board of Education shall | 6 | | determine with respect to any
proposed amendments or | 7 | | modifications of any Comprehensive Educational Plan
enacted by | 8 | | the General Assembly, submit its drafts or recommendations for
| 9 | | proposed legislation to the General Assembly and the Governor.
| 10 | | (Source: P.A. 93-21, eff. 7-1-03.)
| 11 | | (105 ILCS 5/10-22.5a) (from Ch. 122, par. 10-22.5a)
| 12 | | Sec. 10-22.5a. Attendance by dependents of United States | 13 | | military personnel, foreign exchange students, and certain
| 14 | | nonresident pupils. | 15 | | (a) To enter into written agreements with cultural exchange | 16 | | organizations,
or with nationally recognized eleemosynary | 17 | | institutions that promote excellence
in the arts, mathematics, | 18 | | or science. The written agreements may provide
for tuition free | 19 | | attendance at the local district school by foreign exchange
| 20 | | students, or by nonresident pupils of eleemosynary | 21 | | institutions. The local
board of education, as part of the | 22 | | agreement, may require that the cultural
exchange program or | 23 | | the eleemosynary institutions provide services to the
district | 24 | | in exchange for the waiver of nonresident tuition.
| 25 | | To enter into written agreements with adjacent school |
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| 1 | | districts to provide
for tuition free attendance by a student | 2 | | of the adjacent district when
requested for the student's | 3 | | health and safety by the student or parent and both
districts | 4 | | determine that the student's health or safety will be served by | 5 | | such
attendance. Districts shall not be required to enter into | 6 | | such agreements nor
be
required to alter existing | 7 | | transportation services due to the attendance of
such | 8 | | non-resident pupils.
| 9 | | (a-5) If, at the time of enrollment, a dependent of United | 10 | | States military personnel is housed in temporary housing | 11 | | located outside of a school district, but will be living within | 12 | | the district within 60 days after the time of initial | 13 | | enrollment, the dependent must be allowed to enroll, subject to | 14 | | the requirements of this subsection (a-5), and must not be | 15 | | charged tuition. Any United States military personnel | 16 | | attempting to enroll a dependent under this subsection (a-5) | 17 | | shall provide proof that the dependent will be living within | 18 | | the district within 60 days after the time of initial | 19 | | enrollment. Proof of residency may include, but is not limited | 20 | | to, postmarked mail addressed to the military personnel and | 21 | | sent to an address located within the district, a lease | 22 | | agreement for occupancy of a residence located within the | 23 | | district, or proof of ownership of a residence located within | 24 | | the district.
| 25 | | (b) Nonresident pupils and foreign exchange students | 26 | | attending school on a
tuition free basis under such agreements |
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| 1 | | and nonresident dependents of United States military personnel | 2 | | attending school on a tuition free basis may be counted for the | 3 | | purposes
of determining the apportionment of State aid provided | 4 | | under Section 18-8.05
of this Code , provided
that any cultural | 5 | | exchange organization or eleemosynary
institutions
wishing to | 6 | | participate in an agreement authorized under this Section must
| 7 | | be approved in writing by the State Board of Education. The | 8 | | State Board
of Education may establish reasonable rules to | 9 | | determine the eligibility
of cultural exchange organizations | 10 | | or eleemosynary institutions wishing
to participate in | 11 | | agreements authorized under this Section . No organization
or | 12 | | institution participating in agreements authorized under this | 13 | | Section
may exclude any individual for participation in its | 14 | | program on account
of the person's race, color, sex, religion | 15 | | or nationality.
| 16 | | (Source: P.A. 93-740, eff. 7-15-04.)
| 17 | | (105 ILCS 5/14-7.03) (from Ch. 122, par. 14-7.03)
| 18 | | Sec. 14-7.03. Special Education Classes for Children from | 19 | | Orphanages,
Foster Family Homes, Children's Homes, or in State | 20 | | Housing Units. If a
school district maintains special education | 21 | | classes on the site of
orphanages and children's homes, or if | 22 | | children from the orphanages,
children's homes, foster family | 23 | | homes, other State agencies, or State
residential units for | 24 | | children attend classes for children with disabilities
in which | 25 | | the school district is a participating member of a joint
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| 1 | | agreement, or if the children from the orphanages, children's | 2 | | homes,
foster family homes, other State agencies, or State | 3 | | residential units
attend classes for the children with | 4 | | disabilities maintained by the school
district, then | 5 | | reimbursement shall be paid to eligible districts in
accordance | 6 | | with the provisions of this Section by the Comptroller as | 7 | | directed
by the State Superintendent of Education.
| 8 | | The amount of tuition for such children shall be determined | 9 | | by the
actual cost of maintaining such classes, using the per | 10 | | capita cost formula
set forth in Section 14-7.01, such program | 11 | | and cost to be pre-approved by
the State Superintendent of | 12 | | Education.
| 13 | | On forms prepared by the State Superintendent of Education, | 14 | | the
district shall certify to the regional superintendent the | 15 | | following:
| 16 | | (1) The name of the home or State residential unit with | 17 | | the name of
the owner or proprietor and address of those | 18 | | maintaining it;
| 19 | | (2) That no service charges or other payments | 20 | | authorized by law were
collected in lieu of taxes therefrom | 21 | | or on account thereof during either
of the calendar years | 22 | | included in the school year for which claim is
being made;
| 23 | | (3) The number of children qualifying under this Act in | 24 | | special
education classes for instruction on the site of | 25 | | the orphanages and
children's homes;
| 26 | | (4) The number of children attending special education |
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| 1 | | classes for children with disabilities in which the | 2 | | district is a
participating member of
a special education | 3 | | joint agreement;
| 4 | | (5) The number of children attending special education | 5 | | classes for children with disabilities maintained by the | 6 | | district;
| 7 | | (6) The computed amount of tuition payment claimed as | 8 | | due, as
approved by the State Superintendent of Education, | 9 | | for maintaining these
classes.
| 10 | | If a school district makes a claim for reimbursement under | 11 | | Section
18-3 or 18-4 of this Act it shall not include in any | 12 | | claim filed under
this Section a claim for such children. | 13 | | Payments authorized by law,
including State or federal grants | 14 | | for education of children included in
this Section, shall be | 15 | | deducted in determining the tuition amount.
| 16 | | Nothing in this Act shall be construed so as to prohibit
| 17 | | reimbursement for the tuition of children placed in for profit | 18 | | facilities.
Private facilities shall provide adequate space at | 19 | | the
facility for special education classes provided by a school | 20 | | district or
joint agreement for children with disabilities who | 21 | | are
residents of the
facility at no cost to the school district | 22 | | or joint agreement upon
request of the school district or joint | 23 | | agreement. If such a private
facility provides space at no cost | 24 | | to the district or joint agreement
for special education | 25 | | classes provided to children with
disabilities who are
| 26 | | residents of the facility, the district or joint agreement |
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| 1 | | shall not
include any costs for the use of those facilities in | 2 | | its claim for
reimbursement.
| 3 | | Reimbursement for tuition may include the cost of providing | 4 | | summer
school programs for children with severe and profound | 5 | | disabilities served
under this Section. Claims for that | 6 | | reimbursement shall be filed by
November 1 and shall be paid on | 7 | | or before December 15 from
appropriations made for the purposes | 8 | | of this Section.
| 9 | | The State Board of Education shall establish such rules and
| 10 | | regulations as may be necessary to implement the provisions of | 11 | | this
Section.
| 12 | | Claims filed on behalf of programs operated under this | 13 | | Section housed in a
jail, detention center, or county-owned | 14 | | shelter care facility
shall be on an individual student basis | 15 | | only for
eligible students with disabilities. These claims | 16 | | shall be in accordance with
applicable rules.
| 17 | | Each district claiming reimbursement for a program | 18 | | operated as a group
program shall have an approved budget on | 19 | | file with the State Board of
Education prior to the initiation | 20 | | of the program's operation. On September
30, December 31, and | 21 | | March 31, the State Board of Education shall voucher
payments | 22 | | to group programs based upon the approved budget during the | 23 | | year
of operation. Final claims for group payments shall be | 24 | | filed on or before
July 15. Final claims for group programs | 25 | | received at the State
Board of
Education on or before June 15 | 26 | | shall be vouchered by June 30. Final claims
received at the |
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| 1 | | State Board of Education between June 16 and July 15
shall be | 2 | | vouchered by August 30. Claims for group programs
received
| 3 | | after July 15 shall not be honored.
| 4 | | Each district claiming reimbursement for individual | 5 | | students shall have the
eligibility of those students verified | 6 | | by the State Board of Education. On
September 30, December 31, | 7 | | and March 31, the State Board of Education shall
voucher | 8 | | payments for individual students based upon an estimated cost
| 9 | | calculated from the prior year's claim. Final claims for | 10 | | individual students
for the regular school term must be | 11 | | received at the State Board of Education by
July 15. Claims for | 12 | | individual students received after July 15 shall not
be | 13 | | honored. Final claims for individual students shall be | 14 | | vouchered by
August 30.
| 15 | | Reimbursement shall be made based upon approved group | 16 | | programs or
individual students. The State Superintendent of | 17 | | Education shall direct the
Comptroller to pay a specified | 18 | | amount to the district by the 30th day of
September, December, | 19 | | March, June, or August, respectively. However,
notwithstanding | 20 | | any other provisions of this Section or the School Code,
| 21 | | beginning with fiscal year 1994 and each fiscal year | 22 | | thereafter, if the amount appropriated for any fiscal year
is | 23 | | less than the amount required for purposes of this Section, the | 24 | | amount
required to eliminate any insufficient reimbursement | 25 | | for each district claim
under this Section shall be reimbursed | 26 | | on August 30 of the next fiscal
year. Payments required to |
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| 1 | | eliminate any insufficiency for prior
fiscal year claims shall | 2 | | be made before any claims are paid for the current
fiscal year.
| 3 | | The claim of a school district otherwise eligible to be | 4 | | reimbursed in
accordance with Section 14-12.01 for the 1976-77 | 5 | | school year but for
this amendatory Act of 1977 shall not be | 6 | | paid unless the district ceases
to maintain such classes for | 7 | | one entire school year.
| 8 | | If a school district's current reimbursement payment for | 9 | | the 1977-78
school year only is less than the prior year's | 10 | | reimbursement payment
owed, the district shall be paid the | 11 | | amount of the difference between
the payments in addition to | 12 | | the current reimbursement payment, and the
amount so paid shall | 13 | | be subtracted from the amount of prior year's
reimbursement | 14 | | payment owed to the district.
| 15 | | Regional superintendents may operate special education | 16 | | classes for
children from orphanages, foster family homes, | 17 | | children's homes or State
housing units located within the | 18 | | educational services region upon consent
of the school board | 19 | | otherwise so obligated. In electing to assume the
powers and | 20 | | duties of a school district in providing and maintaining such a
| 21 | | special education program, the regional superintendent may | 22 | | enter into joint
agreements with other districts and may | 23 | | contract with public or private
schools or the orphanage, | 24 | | foster family home, children's home or State
housing unit for | 25 | | provision of the special education program. The regional
| 26 | | superintendent exercising the powers granted under this |
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| 1 | | Section shall claim
the reimbursement authorized by this | 2 | | Section directly from the State Board
of Education.
| 3 | | Any child who is not a resident of Illinois who is placed | 4 | | in a child
welfare institution, private facility, foster family | 5 | | home, State operated
program, orphanage or children's home | 6 | | shall have the payment for his
educational tuition and any | 7 | | related services assured by the placing agent.
| 8 | | For each disabled student who is placed in a residential | 9 | | facility by an Illinois public
agency or by any court in this | 10 | | State, the costs for educating the student
are eligible for | 11 | | reimbursement under this Section.
| 12 | | The district of residence of the disabled student as
| 13 | | defined in Section 14-1.11a is responsible for the actual costs | 14 | | of
the student's special education program and is eligible for | 15 | | reimbursement under
this Section when placement is made by a | 16 | | State agency or the courts.
| 17 | | When a dispute arises over the determination of the | 18 | | district of
residence under this Section, the district or | 19 | | districts may appeal the decision in writing to
the State | 20 | | Superintendent of Education, who, upon review of materials | 21 | | submitted and any other items or information he or she may | 22 | | request for submission, shall issue a written decision on the | 23 | | matter. The decision of the State
Superintendent of Education | 24 | | shall be final.
| 25 | | In the event a district does not make a tuition
payment to | 26 | | another district that is providing the special education
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| 1 | | program and services, the State Board of Education shall | 2 | | immediately
withhold 125% of
the then remaining annual tuition | 3 | | cost from the State aid or categorical
aid payment due to the
| 4 | | school district that is determined to be the resident school | 5 | | district. All
funds withheld by the State Board of Education | 6 | | shall immediately be
forwarded to the
school district where the | 7 | | student is being served.
| 8 | | When a child eligible for services under this Section | 9 | | 14-7.03 must be
placed in a nonpublic facility, that facility | 10 | | shall meet the programmatic
requirements of Section 14-7.02 and | 11 | | its regulations, and the educational
services shall be funded | 12 | | only in accordance with this Section 14-7.03.
| 13 | | (Source: P.A. 95-313, eff. 8-20-07; 95-844, eff. 8-15-08.)
| 14 | | (105 ILCS 5/18-4.5)
| 15 | | Sec. 18-4.5. Home Hospital Grants. Except for those | 16 | | children qualifying
under Article 14, school districts shall be | 17 | | eligible to receive reimbursement
for all children requiring | 18 | | home or hospital instruction at not more than $1,000
annually | 19 | | per child or $9,000 $8,000 per teacher, whichever is less.
| 20 | | (Source: P.A. 88-386.)
| 21 | | (105 ILCS 5/18-6) (from Ch. 122, par. 18-6)
| 22 | | Sec. 18-6. Supervisory expenses. The State Board of | 23 | | Education
shall annually request an appropriation from the | 24 | | common school fund for
regional office of education expenses, |
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| 1 | | aggregating $1,000 per county per year
for each educational | 2 | | service region.
The State Board of Education shall present | 3 | | vouchers to the Comptroller as
soon as may be after the first | 4 | | day of August
each year for each regional office of education.
| 5 | | Each regional office of education may draw upon these funds | 6 | | this fund for the
expenses necessarily incurred in providing | 7 | | for supervisory services in the
region.
| 8 | | (Source: P.A. 88-9; 89-397, eff. 8-20-95.)
| 9 | | (105 ILCS 5/27A-5)
| 10 | | Sec. 27A-5. Charter school; legal entity; requirements.
| 11 | | (a) A charter school shall be a public, nonsectarian, | 12 | | nonreligious, non-home
based, and non-profit school. A charter | 13 | | school shall be organized and operated
as a nonprofit | 14 | | corporation or other discrete, legal, nonprofit entity
| 15 | | authorized under the laws of the State of Illinois.
| 16 | | (b) A charter school may be established under this Article | 17 | | by creating a new
school or by converting an existing public | 18 | | school or attendance center to
charter
school status.
Beginning | 19 | | on the effective date of this amendatory Act of the 93rd | 20 | | General
Assembly, in all new
applications submitted to the | 21 | | State Board or a local school board to establish
a charter
| 22 | | school in a city having a population exceeding 500,000, | 23 | | operation of the
charter
school shall be limited to one campus. | 24 | | The changes made to this Section by this
amendatory Act
of the | 25 | | 93rd General
Assembly do not apply to charter schools existing |
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| 1 | | or approved on or before the
effective date of this
amendatory | 2 | | Act. | 3 | | (b-5) In this subsection (b-5), "virtual-schooling" means | 4 | | the teaching of courses through online methods with online | 5 | | instructors, rather than the instructor and student being at | 6 | | the same physical location. "Virtual-schooling" includes | 7 | | without limitation instruction provided by full-time, online | 8 | | virtual schools. | 9 | | From April 1, 2013 through April 1, 2014, there is a | 10 | | moratorium on the establishment of charter schools with | 11 | | virtual-schooling components in school districts other than a | 12 | | school district organized under Article 34 of this Code. This | 13 | | moratorium does not apply to a charter school with | 14 | | virtual-schooling components existing or approved prior to | 15 | | April 1, 2013 or to the renewal of the charter of a charter | 16 | | school with virtual-schooling components already approved | 17 | | prior to April 1, 2013. | 18 | | On or before March 1, 2014, the Commission shall submit to | 19 | | the General Assembly a report on the effect of | 20 | | virtual-schooling, including without limitation the effect on | 21 | | student performance, the costs associated with | 22 | | virtual-schooling, and issues with oversight. The report shall | 23 | | include policy recommendations for virtual-schooling.
| 24 | | (c) A charter school shall be administered and governed by | 25 | | its board of
directors or other governing body
in the manner | 26 | | provided in its charter. The governing body of a charter school
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| 1 | | shall be subject to the Freedom of Information Act and the Open | 2 | | Meetings Act.
| 3 | | (d) A charter school shall comply with all applicable | 4 | | health and safety
requirements applicable to public schools | 5 | | under the laws of the State of
Illinois.
| 6 | | (e) Except as otherwise provided in the School Code, a | 7 | | charter school shall
not charge tuition; provided that a | 8 | | charter school may charge reasonable fees
for textbooks, | 9 | | instructional materials, and student activities.
| 10 | | (f) A charter school shall be responsible for the | 11 | | management and operation
of its fiscal affairs including,
but | 12 | | not limited to, the preparation of its budget. An audit of each | 13 | | charter
school's finances shall be conducted annually by an | 14 | | outside, independent
contractor retained by the charter | 15 | | school. Annually, by December 1, every charter school must | 16 | | submit to the State Board a copy of its audit and a copy of the | 17 | | Form 990 the charter school filed that year with the federal | 18 | | Internal Revenue Service.
| 19 | | (g) A charter school shall comply with all provisions of | 20 | | this Article, the Illinois Educational Labor Relations Act, and
| 21 | | its charter. A charter
school is exempt from all other State | 22 | | laws and regulations in the School Code
governing public
| 23 | | schools and local school board policies, except the following:
| 24 | | (1) Sections 10-21.9 and 34-18.5 of the School Code | 25 | | regarding criminal
history records checks and checks of the | 26 | | Statewide Sex Offender Database and Statewide Murderer and |
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| 1 | | Violent Offender Against Youth Database of applicants for | 2 | | employment;
| 3 | | (2) Sections 24-24 and 34-84A of the School Code | 4 | | regarding discipline of
students;
| 5 | | (3) The Local Governmental and Governmental Employees | 6 | | Tort Immunity Act;
| 7 | | (4) Section 108.75 of the General Not For Profit | 8 | | Corporation Act of 1986
regarding indemnification of | 9 | | officers, directors, employees, and agents;
| 10 | | (5) The Abused and Neglected Child Reporting Act;
| 11 | | (6) The Illinois School Student Records Act;
| 12 | | (7) Section 10-17a of the School Code regarding school | 13 | | report cards; and
| 14 | | (8) The P-20 Longitudinal Education Data System Act. | 15 | | The change made by Public Act 96-104 to this subsection (g) | 16 | | is declaratory of existing law. | 17 | | (h) A charter school may negotiate and contract with a | 18 | | school district, the
governing body of a State college or | 19 | | university or public community college, or
any other public or | 20 | | for-profit or nonprofit private entity for: (i) the use
of a | 21 | | school building and grounds or any other real property or | 22 | | facilities that
the charter school desires to use or convert | 23 | | for use as a charter school site,
(ii) the operation and | 24 | | maintenance thereof, and
(iii) the provision of any service, | 25 | | activity, or undertaking that the charter
school is required to | 26 | | perform in order to carry out the terms of its charter.
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| 1 | | However, a charter school
that is established on
or
after the | 2 | | effective date of this amendatory Act of the 93rd General
| 3 | | Assembly and that operates
in a city having a population | 4 | | exceeding
500,000 may not contract with a for-profit entity to
| 5 | | manage or operate the school during the period that commences | 6 | | on the
effective date of this amendatory Act of the 93rd | 7 | | General Assembly and
concludes at the end of the 2004-2005 | 8 | | school year.
Except as provided in subsection (i) of this | 9 | | Section, a school district may
charge a charter school | 10 | | reasonable rent for the use of the district's
buildings, | 11 | | grounds, and facilities. Any services for which a charter | 12 | | school
contracts
with a school district shall be provided by | 13 | | the district at cost. Any services
for which a charter school | 14 | | contracts with a local school board or with the
governing body | 15 | | of a State college or university or public community college
| 16 | | shall be provided by the public entity at cost.
| 17 | | (i) In no event shall a charter school that is established | 18 | | by converting an
existing school or attendance center to | 19 | | charter school status be required to
pay rent for space
that is | 20 | | deemed available, as negotiated and provided in the charter | 21 | | agreement,
in school district
facilities. However, all other | 22 | | costs for the operation and maintenance of
school district | 23 | | facilities that are used by the charter school shall be subject
| 24 | | to negotiation between
the charter school and the local school | 25 | | board and shall be set forth in the
charter.
| 26 | | (j) A charter school may limit student enrollment by age or |
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| 1 | | grade level.
| 2 | | (k) If the charter school is approved by the Commission, | 3 | | then the Commission charter school is its own local education | 4 | | agency. | 5 | | (Source: P.A. 97-152, eff. 7-20-11; 97-154, eff. 1-1-12; | 6 | | 97-813, eff. 7-13-12; 98-16, eff. 5-24-13.)
| 7 | | (105 ILCS 5/27A-6.5)
| 8 | | Sec. 27A-6.5. Charter school referendum.
| 9 | | (a) No charter shall go into effect be approved under this | 10 | | Section that would convert any
existing private, parochial, or | 11 | | non-public school to a charter school or whose
proposal has not | 12 | | been
certified by the State Board.
| 13 | | (b) A local school board shall, whenever petitioned to do | 14 | | so by 5% or more
of
the
voters of a school district or | 15 | | districts identified in a charter school
proposal, order | 16 | | submitted to the voters thereof at a
regularly scheduled
| 17 | | election the question of whether a new charter school shall be | 18 | | established,
which
proposal
has been found certified by the | 19 | | Commission State Board to be in compliance with the
provisions | 20 | | of this Article,
and the secretary shall certify the | 21 | | proposition to the proper election
authorities
for submission | 22 | | in accordance with the general election law. The proposition
| 23 | | shall be in
substantially the following form:
| 24 | | "FOR the establishment of (name of proposed charter | 25 | | school) under charter
school proposal (charter school |
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| 1 | | proposal number).
| 2 | | AGAINST the establishment of (name of proposed charter | 3 | | school) under
charter
school proposal (charter school | 4 | | proposal number)".
| 5 | | (c) Before circulating a petition to submit the question of | 6 | | whether to
establish a charter school to the voters under | 7 | | subsection (b) of this Section,
the governing body of a
| 8 | | proposed charter
school
that desires to establish a
new charter
| 9 | | school by referendum shall submit the charter school proposal | 10 | | to
the Commission State Board
in the form of a proposed | 11 | | contract to be entered into
between the Commission State Board
| 12 | | and the governing body of the proposed charter school, as | 13 | | provided
under
Section 27A-6, together with written notice of | 14 | | the intent to have
a new charter school established by | 15 | | referendum.
The contract shall comply with the provisions of | 16 | | this Article.
| 17 | | If the Commission State Board finds that the proposed | 18 | | contract complies with the
provisions
of this Article, it
shall
| 19 | | immediately
certify that the
proposed contract complies with | 20 | | the provisions of this Article and direct the
local school | 21 | | board to notify the proper
election authorities that the | 22 | | question of whether to establish a new charter
school
shall be | 23 | | submitted for referendum.
| 24 | | (d) If the Commission State Board finds that the proposal | 25 | | fails to comply with the
provisions of this Article, it shall | 26 | | refuse to certify the proposal and provide
written explanation, |
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| 1 | | detailing its reasons for refusal, to the local school
board | 2 | | and
to the individuals or organizations submitting the | 3 | | proposal. The Commission State
Board shall also notify the | 4 | | local school board and the individuals or
organizations | 5 | | submitting the proposal that the proposal may be amended and
| 6 | | resubmitted under the same provisions required for an original | 7 | | submission.
| 8 | | (e) If a majority of the votes cast upon the proposition in | 9 | | each school
district designated in the charter school proposal | 10 | | is in favor of
establishing
a charter school, the local school | 11 | | board shall notify the State Board and the Commission of
the
| 12 | | passage of
the proposition in favor of establishing a charter | 13 | | school and the Commission State
Board
shall approve the charter | 14 | | within 7 days
after
the State Board of Elections has certified | 15 | | that a
majority
of the votes cast upon the proposition is in | 16 | | favor of establishing a charter
school. The Commission State | 17 | | Board shall be the chartering entity for charter
schools | 18 | | established by referendum under this Section. | 19 | | (f) The State Board shall determine whether the charter | 20 | | proposal approved by the Commission is consistent with the | 21 | | provisions of this Article and, if the approved proposal | 22 | | complies, certify the proposal pursuant to this Article.
| 23 | | (Source: P.A. 91-407, eff. 8-3-99.)
| 24 | | (105 ILCS 5/27A-7)
| 25 | | Sec. 27A-7. Charter submission.
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| 1 | | (a) A proposal to establish a charter school shall be | 2 | | submitted to the
State Board and the local school board and the | 3 | | State Board for certification under Section 27A-6 of this Code | 4 | | in the form of a proposed contract
entered
into between the | 5 | | local school board and the governing body of a proposed
charter | 6 | | school. The
charter school proposal as submitted to the State | 7 | | Board shall include:
| 8 | | (1) The name of the proposed charter school, which must | 9 | | include the words
"Charter School".
| 10 | | (2) The age or grade range, areas of focus, minimum and | 11 | | maximum numbers of
pupils to be enrolled in the charter | 12 | | school, and any other admission criteria
that would be | 13 | | legal if used by a school district.
| 14 | | (3) A description of and address for the physical plant | 15 | | in which the
charter school will be located; provided that | 16 | | nothing in the Article shall be
deemed to justify delaying | 17 | | or withholding favorable action on or approval of a
charter | 18 | | school proposal because the building or buildings in which | 19 | | the charter
school is to be located have not been acquired | 20 | | or rented at the time a charter
school proposal is | 21 | | submitted or approved or a charter school contract is
| 22 | | entered
into or submitted for certification or certified, | 23 | | so long as the proposal or
submission identifies and names | 24 | | at least 2 sites that are potentially available
as a | 25 | | charter school facility by the time the charter school is | 26 | | to open.
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| 1 | | (4) The mission statement of the charter school, which | 2 | | must be consistent
with the General Assembly's declared | 3 | | purposes; provided that nothing in this
Article shall be | 4 | | construed to require that, in order to receive favorable
| 5 | | consideration and approval, a charter school proposal | 6 | | demonstrate unequivocally
that the charter school will be | 7 | | able to meet each of those declared purposes,
it
being the | 8 | | intention of the Charter Schools Law that those purposes be
| 9 | | recognized as goals that
charter schools must aspire to | 10 | | attain.
| 11 | | (5) The goals, objectives, and pupil performance | 12 | | standards to be achieved
by the charter school.
| 13 | | (6) In the case of a proposal to establish a charter | 14 | | school by
converting an existing public school or | 15 | | attendance center to charter school
status, evidence that | 16 | | the proposed formation of the charter school has received
| 17 | | the approval of certified teachers, parents
and
guardians, | 18 | | and, if applicable, a local school council as provided in
| 19 | | subsection
(b) of Section 27A-8.
| 20 | | (7) A description of the charter school's educational | 21 | | program, pupil
performance standards, curriculum, school | 22 | | year, school days, and hours of
operation.
| 23 | | (8) A description of the charter school's plan for | 24 | | evaluating pupil
performance, the types of assessments | 25 | | that will be used to measure pupil
progress towards | 26 | | achievement of the school's pupil performance standards, |
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| 1 | | the
timeline for achievement of those standards, and the | 2 | | procedures for taking
corrective action in the event that | 3 | | pupil performance at the charter school
falls below those | 4 | | standards.
| 5 | | (9) Evidence that the terms of the charter as proposed | 6 | | are economically
sound
for both the charter school and the | 7 | | school district, a proposed budget for the
term of the | 8 | | charter, a description of the manner in which an annual
| 9 | | audit of the financial and administrative operations of the | 10 | | charter school,
including any services provided by the | 11 | | school district, are to be conducted,
and
a plan for the | 12 | | displacement of pupils, teachers, and other employees who | 13 | | will
not attend or be employed in the charter school.
| 14 | | (10) A description of the governance and operation of | 15 | | the charter school,
including the nature and extent of | 16 | | parental, professional educator, and
community involvement | 17 | | in the governance and operation of the charter school.
| 18 | | (11) An explanation of the relationship that will exist | 19 | | between the
charter school and its employees, including | 20 | | evidence that the terms and
conditions of employment have | 21 | | been addressed with affected employees and their
| 22 | | recognized representative, if any. However, a bargaining | 23 | | unit of charter
school employees shall be separate and
| 24 | | distinct from any bargaining units formed from employees of | 25 | | a school district
in
which the charter school is located.
| 26 | | (12) An agreement between the parties regarding their |
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| 1 | | respective
legal liability and applicable insurance | 2 | | coverage.
| 3 | | (13) A description of how the charter school plans to | 4 | | meet the
transportation needs of its pupils, and a plan for | 5 | | addressing the
transportation needs
of low-income and | 6 | | at-risk pupils.
| 7 | | (14) The proposed effective date and term of the | 8 | | charter; provided that
the
first day of the first academic | 9 | | year and the first day of the fiscal year
shall be no | 10 | | earlier than August 15 and no later than September 15 of a
| 11 | | calendar year.
| 12 | | (15) Any other information reasonably required by the | 13 | | State Board of
Education.
| 14 | | (b) A proposal to establish a charter school may be | 15 | | initiated by individuals
or organizations that will have
| 16 | | majority representation on the board of directors or other | 17 | | governing body of
the corporation or other discrete legal | 18 | | entity that is to be established to
operate the proposed | 19 | | charter school, by a board of education or an
intergovernmental | 20 | | agreement between or among boards of education, or by the
board | 21 | | of directors or other
governing body of a discrete legal entity | 22 | | already existing or established to
operate the proposed
charter | 23 | | school. The individuals or organizations referred to in this
| 24 | | subsection may be school teachers, school administrators, | 25 | | local school
councils, colleges or
universities or their | 26 | | faculty
members, public community colleges or their |
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| 1 | | instructors or other
representatives, corporations, or other | 2 | | entities or their
representatives. The proposal shall be
| 3 | | submitted to the local school board for consideration and, if
| 4 | | appropriate, for
development of a proposed contract to be | 5 | | submitted to the State Board for
certification under
Section | 6 | | 27A-6.
| 7 | | (c) The local school board may not without the consent of | 8 | | the governing body
of the charter school condition its approval | 9 | | of a charter school proposal on
acceptance of an agreement to | 10 | | operate under State laws and regulations and
local school board | 11 | | policies from which the charter school is otherwise exempted
| 12 | | under this Article.
| 13 | | (Source: P.A. 90-548, eff. 1-1-98; 91-405, eff. 8-3-99.)
| 14 | | (105 ILCS 5/27A-9)
| 15 | | Sec. 27A-9. Term of charter; renewal.
| 16 | | (a) A charter may be granted for a period not less than 5 | 17 | | and not
more than
10
school years. A charter may be renewed in | 18 | | incremental periods not to exceed
5
school years.
| 19 | | (b) A charter school renewal proposal submitted to the
| 20 | | local school board or the Commission, as the chartering entity,
| 21 | | shall contain:
| 22 | | (1) A report on the progress of the charter school in | 23 | | achieving the goals,
objectives, pupil performance | 24 | | standards, content standards, and other terms of
the | 25 | | initial approved charter proposal; and
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| 1 | | (2) A financial statement that discloses the costs of | 2 | | administration,
instruction, and other spending categories | 3 | | for the charter school that is
understandable to the | 4 | | general public and that will allow comparison of those
| 5 | | costs to other schools or other comparable organizations, | 6 | | in a format required
by the State Board.
| 7 | | (c) A charter may be revoked
or not renewed if the local | 8 | | school board or the Commission, as the chartering
entity,
| 9 | | clearly demonstrates that the
charter school did any of the
| 10 | | following, or otherwise failed to comply with the requirements | 11 | | of this law:
| 12 | | (1) Committed a material violation of any of the | 13 | | conditions, standards, or
procedures set forth in the | 14 | | charter.
| 15 | | (2) Failed to meet or make reasonable progress toward | 16 | | achievement of the
content standards or pupil performance | 17 | | standards identified in the charter.
| 18 | | (3) Failed to meet generally accepted standards of | 19 | | fiscal management.
| 20 | | (4) Violated any provision of law from which the | 21 | | charter school was not
exempted.
| 22 | | In the case of revocation, the local school board or the | 23 | | Commission, as the chartering entity, shall notify the charter | 24 | | school in writing of the reason why the charter is subject to | 25 | | revocation. The charter school shall submit a written plan to | 26 | | the local school board or the Commission, whichever is |
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| 1 | | applicable, to rectify the problem. The plan shall include a | 2 | | timeline for implementation, which shall not exceed 2 years or | 3 | | the date of the charter's expiration, whichever is earlier. If | 4 | | the local school board or the Commission, as the chartering | 5 | | entity, finds that the charter school has failed to implement | 6 | | the plan of remediation and adhere to the timeline, then the | 7 | | chartering entity shall revoke the charter. Except in | 8 | | situations of an emergency where the health, safety, or | 9 | | education of the charter school's students is at risk, the | 10 | | revocation shall take place at the end of a school year. | 11 | | Nothing in this amendatory Act of the 96th General Assembly | 12 | | shall be construed to prohibit an implementation timetable that | 13 | | is less than 2 years in duration. | 14 | | (d) (Blank).
| 15 | | (e) Notice of a local school board's decision to
deny, | 16 | | revoke or not to
renew a charter shall be provided to the | 17 | | Commission and the State Board.
The Commission may reverse a | 18 | | local board's
decision
if the Commission finds
that the charter | 19 | | school or charter school proposal (i) is in compliance with
| 20 | | this Article, and (ii) is in the best interests of the students | 21 | | it is designed
to serve.
The Commission State Board may | 22 | | condition the granting of an appeal on the acceptance by
the | 23 | | charter school of funding in an amount less than that requested | 24 | | in the
proposal submitted to the local school board.
Final | 25 | | decisions of the Commission shall be subject
to judicial review | 26 | | under the Administrative Review Law.
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| 1 | | (f) Notwithstanding other provisions of this Article, if | 2 | | the Commission
on appeal reverses a local board's decision
or | 3 | | if a charter school is
approved by referendum,
the Commission
| 4 | | shall act as the
authorized chartering entity for the charter | 5 | | school.
The Commission shall
approve the charter and shall | 6 | | perform all functions
under this
Article otherwise performed by | 7 | | the local school
board. The State Board shall determine whether | 8 | | the charter proposal approved by the Commission is consistent | 9 | | with the provisions of this Article and, if the approved | 10 | | proposal complies, certify the proposal pursuant to this | 11 | | Article. The State Board shall
report the aggregate number of | 12 | | charter school pupils resident in a school
district to that | 13 | | district
and shall notify the district
of the amount of
funding | 14 | | to be paid by the State Board Commission to the charter school | 15 | | enrolling such
students.
The Commission shall require the
| 16 | | charter school to maintain accurate records of daily attendance | 17 | | that shall be
deemed sufficient to file claims under Section | 18 | | 18-8.05 notwithstanding any
other requirements of that Section | 19 | | regarding hours of instruction and teacher
certification.
The | 20 | | State Board shall withhold from funds otherwise due the | 21 | | district
the funds authorized by this Article to be paid to the | 22 | | charter school and shall
pay such amounts to the charter | 23 | | school.
| 24 | | (g) For charter schools authorized by the Commission, the | 25 | | Commission shall quarterly certify to the State Board the | 26 | | student enrollment for each of its charter schools. |
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| 1 | | (h) For charter schools authorized by the Commission, the | 2 | | State Board shall pay directly to a charter school any federal | 3 | | or State aid attributable to a student with a disability | 4 | | attending the school. | 5 | | (Source: P.A. 96-105, eff. 7-30-09; 97-152, eff. 7-20-11.)
| 6 | | (105 ILCS 5/27A-11)
| 7 | | Sec. 27A-11. Local financing.
| 8 | | (a) For purposes of the School Code, pupils enrolled in a | 9 | | charter school
shall be included in the pupil enrollment of the | 10 | | school district within which
the
pupil resides. Each charter | 11 | | school (i) shall determine the school district in
which each | 12 | | pupil who is enrolled in the charter school resides,
(ii) shall
| 13 | | report the aggregate number of pupils resident of a school | 14 | | district who are
enrolled in the charter school to the school | 15 | | district in which those pupils
reside, and (iii) shall maintain | 16 | | accurate records of daily attendance that
shall be deemed | 17 | | sufficient to file claims under Section 18-8 notwithstanding
| 18 | | any other requirements of that Section regarding hours of | 19 | | instruction and
teacher certification.
| 20 | | (b) Except for a charter school established by referendum | 21 | | under Section
27A-6.5, as part of a charter school contract, | 22 | | the charter school and the
local
school board shall agree on | 23 | | funding and any services to be provided by the
school district | 24 | | to the charter school.
Agreed funding that a charter school is | 25 | | to receive from the local school
board for a school year shall |
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| 1 | | be paid in
equal quarterly installments with the payment of the
| 2 | | installment for the first quarter being made not later than | 3 | | July 1, unless the
charter establishes a different payment | 4 | | schedule.
| 5 | | All services centrally or otherwise provided by the school | 6 | | district
including, but not limited to, rent, food services, | 7 | | custodial services,
maintenance,
curriculum, media services, | 8 | | libraries, transportation, and warehousing shall be
subject to
| 9 | | negotiation between a charter school and the local school board | 10 | | and paid
for out
of the revenues negotiated pursuant to this | 11 | | subsection (b); provided that the
local school board shall not | 12 | | attempt, by negotiation or otherwise, to obligate
a charter | 13 | | school to provide pupil transportation for pupils for whom a | 14 | | district
is not required to provide transportation under the | 15 | | criteria set forth in
subsection (a)(13) of Section 27A-7.
| 16 | | In no event shall the funding be less than 75% or more than
| 17 | | 125% of the
school district's per capita student tuition | 18 | | multiplied by
the
number of students residing in the district | 19 | | who are enrolled in the charter
school.
| 20 | | It is the intent of the General Assembly that funding and | 21 | | service agreements
under this subsection (b) shall be neither a | 22 | | financial incentive nor a
financial disincentive to the | 23 | | establishment of a charter school.
| 24 | | The charter school may set and collect reasonable fees. | 25 | | Fees collected
from students enrolled at a charter school shall | 26 | | be retained
by the charter school.
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| 1 | | (c) Notwithstanding subsection (b) of this Section, the | 2 | | proportionate share
of State and federal resources generated by | 3 | | students with disabilities or staff
serving them shall be | 4 | | directed to charter schools enrolling those students by
their | 5 | | school districts or administrative units. The proportionate | 6 | | share of
moneys generated under other federal or State | 7 | | categorical aid programs shall be
directed to charter schools | 8 | | serving students eligible for that aid.
| 9 | | (d) The governing body of a charter school is authorized to | 10 | | accept
gifts,
donations, or grants of any kind made to the | 11 | | charter school and to expend or
use gifts, donations, or grants | 12 | | in accordance with the conditions prescribed by
the donor; | 13 | | however, a gift, donation, or grant may not be accepted by the
| 14 | | governing body if it is subject to any condition contrary to | 15 | | applicable law or
contrary
to the terms of the contract between | 16 | | the charter school and the local school
board. Charter schools | 17 | | shall be encouraged to solicit and utilize community
volunteer | 18 | | speakers and other instructional resources when providing | 19 | | instruction
on the Holocaust and other historical events.
| 20 | | (e) (Blank).
| 21 | | (f) The Commission State Board shall provide technical | 22 | | assistance to
persons and groups
preparing or revising charter | 23 | | applications.
| 24 | | (g) At the non-renewal or revocation of its charter, each
| 25 | | charter school
shall refund to the local board of education all | 26 | | unspent funds.
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| 1 | | (h) A charter school is authorized to incur temporary, | 2 | | short
term debt to
pay operating expenses in anticipation of | 3 | | receipt of funds from the local
school board.
| 4 | | (Source: P.A. 90-548, eff. 1-1-98; 90-757, eff. 8-14-98; | 5 | | 91-407, eff.
8-3-99.)
| 6 | | (105 ILCS 5/27A-11.5) | 7 | | Sec. 27A-11.5. State financing. The State Board of | 8 | | Education shall make
the following funds available to school | 9 | | districts and charter schools: | 10 | | (1) From a separate appropriation made to the State | 11 | | Board for purposes
of this subdivision (1), the State Board | 12 | | shall make transition impact aid
available to school | 13 | | districts that approve a new charter school or that have
| 14 | | funds withheld by the State Board to fund a new charter | 15 | | school that is
chartered by the Commission State Board . The | 16 | | amount of the aid shall equal 90% of the per
capita funding | 17 | | paid to the charter school during the first year of its | 18 | | initial
charter term, 65% of the per capita funding paid to | 19 | | the charter school during
the second year of its initial | 20 | | term, and 35% of the per capita funding paid to
the charter | 21 | | school during the third year of its initial term. This | 22 | | transition
impact aid shall be paid to the local school | 23 | | board in equal quarterly
installments, with the payment of | 24 | | the installment for the first quarter being
made by August | 25 | | 1st immediately preceding the first, second, and third |
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| 1 | | years of
the initial term. The district shall file an | 2 | | application for this aid with the
State Board in a format | 3 | | designated by the State Board. If the appropriation is
| 4 | | insufficient in any year to pay all approved claims, the | 5 | | impact aid shall be
prorated.
However, for fiscal year | 6 | | 2004, the State Board of Education shall
pay approved | 7 | | claims only for charter schools with a valid charter | 8 | | granted
prior to June 1, 2003. If any funds remain after | 9 | | these claims have
been paid, then the State Board of | 10 | | Education may pay all other approved
claims on a pro rata | 11 | | basis.
Transition impact aid shall be paid beginning in the | 12 | | 1999-2000
school year for charter schools that are in the | 13 | | first, second, or third year of
their initial term. | 14 | | Transition impact aid shall not be paid for any charter
| 15 | | school that is
proposed and created by one or more boards | 16 | | of education, as authorized under
the provisions of Public | 17 | | Act 91-405. | 18 | | (2) From a separate appropriation made for the purpose | 19 | | of this subdivision
(2), the State Board shall make grants | 20 | | to charter schools to pay their start-up
costs of acquiring | 21 | | educational materials and supplies, textbooks, electronic | 22 | | textbooks and the technological equipment necessary to | 23 | | gain access to and use electronic textbooks, furniture,
and | 24 | | other equipment needed during their initial term. The State | 25 | | Board shall
annually establish the time and manner of | 26 | | application for these grants, which
shall not exceed $250 |
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| 1 | | per student enrolled in the charter school. | 2 | | (3) The Charter Schools Revolving Loan Fund is created | 3 | | as a special
fund in the State treasury. Federal funds, | 4 | | such other funds as may be made
available for costs | 5 | | associated with the establishment of charter schools in
| 6 | | Illinois, and amounts repaid by charter schools that have | 7 | | received a loan from
the Charter Schools Revolving Loan | 8 | | Fund shall be deposited into the Charter
Schools Revolving | 9 | | Loan Fund, and the moneys in the Charter Schools Revolving
| 10 | | Loan Fund shall be appropriated to the State Board and used | 11 | | to provide
interest-free loans to charter schools. These | 12 | | funds shall be used to pay
start-up costs of acquiring | 13 | | educational materials and supplies, textbooks, electronic | 14 | | textbooks and the technological equipment necessary to | 15 | | gain access to and use electronic textbooks,
furniture, and | 16 | | other equipment needed in the initial term of the charter | 17 | | school
and for acquiring and remodeling a suitable physical | 18 | | plant, within the initial
term of the charter school. Loans | 19 | | shall be limited to one loan per charter
school and shall | 20 | | not exceed $250 per student enrolled in the charter school. | 21 | | A
loan shall be repaid by the end of the initial term of | 22 | | the charter school.
The State Board may deduct amounts | 23 | | necessary to repay the loan from funds due
to the charter | 24 | | school or may require that the local school board that
| 25 | | authorized the charter school deduct such amounts from | 26 | | funds due the charter
school and remit these amounts to the |
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| 1 | | State Board, provided that the local
school board shall not | 2 | | be responsible for repayment of the loan. The State
Board | 3 | | may use up to 3% of the appropriation to contract with a | 4 | | non-profit
entity to administer the loan program. | 5 | | (4) A charter school may apply for and receive, subject | 6 | | to the same
restrictions applicable to school districts, | 7 | | any grant administered by the
State Board that is available | 8 | | for school districts. | 9 | | (Source: P.A. 96-1403, eff. 7-29-10.) | 10 | | Section 10. The Vocational Education Act is amended by | 11 | | changing Section 2.1 as follows:
| 12 | | (105 ILCS 435/2.1) (from Ch. 122, par. 697.1)
| 13 | | Sec. 2.1. Gender Equity Advisory Committee.
| 14 | | (a) The Superintendent of
the State Board of Education | 15 | | shall appoint a Gender Equity
Advisory Committee of at least 9 | 16 | | members to advise and consult with the
State Board of Education | 17 | | and the gender
equity coordinator in all aspects relating to | 18 | | ensuring that all students have
equal educational | 19 | | opportunities to pursue high wage, high skill occupations
| 20 | | leading to economic self-sufficiency.
| 21 | | (b) Membership shall include without limitation one
| 22 | | regional gender equity coordinator,
2 State Board of Education | 23 | | employees, an appointee of the Director of Labor the
Department | 24 | | of Labor's Displaced
Homemaker Program
Manager , and 5 citizen |
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| 1 | | appointees who have expertise in one
or more of the following | 2 | | areas:
nontraditional training and placement, service delivery | 3 | | to single parents, service delivery to
displaced homemakers, | 4 | | service delivery to female teens, business and
industry | 5 | | experience, and Education-to-Careers experience. Membership | 6 | | also may
include employees from the Department of Commerce and | 7 | | Economic Opportunity, the
Department of Human Services, and the | 8 | | Illinois Community College Board who
have expertise in one or | 9 | | more of the areas listed in this subsection (b) for
the citizen | 10 | | appointees. Appointments
shall be made taking into | 11 | | consideration expertise of services provided in
secondary, | 12 | | postsecondary and community based programs.
| 13 | | (c) Members shall initially be appointed to one year terms | 14 | | commencing in
January 1, 1990, and thereafter to two year terms | 15 | | commencing on January 1 of
each odd numbered year. Vacancies | 16 | | shall be filled as prescribed in
subsection (b) for the | 17 | | remainder of the unexpired term.
| 18 | | (d) Each newly appointed committee shall elect a Chair and | 19 | | Secretary
from its members. Members shall serve without | 20 | | compensation, but shall be
reimbursed for expenses incurred in | 21 | | the performance of their duties. The
Committee shall meet at | 22 | | least bi-annually and at other times at the call of
the Chair | 23 | | or at the request of the gender equity coordinator.
| 24 | | (Source: P.A. 94-793, eff. 5-19-06.)
| 25 | | (105 ILCS 5/2-3.70 rep.) |
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| 1 | | (105 ILCS 5/18-8.1 rep.) | 2 | | Section 15. The School Code is amended by repealing | 3 | | Sections 2-3.70 and 18-8.1. | 4 | | (105 ILCS 215/Act rep.) | 5 | | Section 20. The Chicago Community Schools Study Commission | 6 | | Act is repealed. | 7 | | (105 ILCS 225/Act rep.) | 8 | | Section 25. The Education Cost-Effectiveness Agenda Act is | 9 | | repealed. | 10 | | (105 ILCS 415/Act rep.) | 11 | | Section 30. The Conservation Education Act is repealed.
| 12 | | Section 99. Effective date. This Act takes effect July 1, | 13 | | 2014.
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| 1 | |
INDEX
| 2 | |
Statutes amended in order of appearance
| | 3 | | 105 ILCS 5/2-3.25g | from Ch. 122, par. 2-3.25g | | 4 | | 105 ILCS 5/2-3.32 | from Ch. 122, par. 2-3.32 | | 5 | | 105 ILCS 5/2-3.47 | from Ch. 122, par. 2-3.47 | | 6 | | 105 ILCS 5/10-22.5a | from Ch. 122, par. 10-22.5a | | 7 | | 105 ILCS 5/14-7.03 | from Ch. 122, par. 14-7.03 | | 8 | | 105 ILCS 5/18-4.5 | | | 9 | | 105 ILCS 5/18-6 | from Ch. 122, par. 18-6 | | 10 | | 105 ILCS 5/27A-5 | | | 11 | | 105 ILCS 5/27A-6.5 | | | 12 | | 105 ILCS 5/27A-7 | | | 13 | | 105 ILCS 5/27A-9 | | | 14 | | 105 ILCS 5/27A-11 | | | 15 | | 105 ILCS 5/27A-11.5 | | | 16 | | 105 ILCS 435/2.1 | from Ch. 122, par. 697.1 | | 17 | | 105 ILCS 5/2-3.70 rep. | | | 18 | | 105 ILCS 5/18-8.1 rep. | | | 19 | | 105 ILCS 215/Act rep. | | | 20 | | 105 ILCS 225/Act rep. | | | 21 | | 105 ILCS 415/Act rep. | |
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