State of Illinois
90th General Assembly
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90_HB2844

      105 ILCS 5/27A-11
          Amends the School Code.   In  provisions  concerning  the
      State  Board of Education making loans to charter schools for
      start-up costs, provides that if the charter  is  revoked  or
      not  renewed,  the  then outstanding balance of the loan need
      not be repaid.
                                                    LRB9008869NTsbA
                                              LRB9008869NTsbA
 1        AN ACT to amend  the  School  Code  by  changing  Section
 2    27A-11.
 3        Be  it  enacted  by  the People of the State of Illinois,
 4    represented in the General Assembly:
 5        Section 5.   The  School  Code  is  amended  by  changing
 6    Section 27A-11 as follows:
 7        (105 ILCS 5/27A-11)
 8        Sec. 27A-11.  Financing.
 9        (a)  For  purposes of the School Code, pupils enrolled in
10    a charter school shall be included in the pupil enrollment of
11    the school district within which  the  pupil  resides.   Each
12    charter  school  (i)  shall  determine the school district in
13    which each pupil  who  is  enrolled  in  the  charter  school
14    resides,  (ii)  shall  report  the aggregate number of pupils
15    resident of a school district who are enrolled in the charter
16    school to the school district in which those  pupils  reside,
17    and (iii) shall maintain accurate records of daily attendance
18    that  shall be deemed sufficient to file claims under Section
19    18-8 notwithstanding any other requirements of  that  Section
20    regarding hours of instruction and teacher certification.
21        (b)  As  part  of  a charter school contract, the charter
22    school and the local school board shall agree on funding  and
23    any  services  to  be  provided by the school district to the
24    charter school. Agreed funding that a charter  school  is  to
25    receive  from  the local school board for a school year shall
26    be paid in equal quarterly installments with the  payment  of
27    the  installment  for  the first quarter being made not later
28    than July 1,  unless  the  charter  establishes  a  different
29    payment schedule.
30        All  services  centrally  or  otherwise  provided  by the
31    school district including, but not limited to, food services,
                            -2-               LRB9008869NTsbA
 1    custodial services, maintenance, curriculum, media  services,
 2    libraries,  transportation,  and warehousing shall be subject
 3    to negotiation between a charter school and the local  school
 4    board and paid for out of the revenues negotiated pursuant to
 5    this  subsection  (b);  provided  that the local school board
 6    shall not attempt, by negotiation or otherwise, to obligate a
 7    charter school to provide pupil transportation for pupils for
 8    whom a district is not  required  to  provide  transportation
 9    under the criteria set forth in subsection (a)(13) of Section
10    27A-7.
11        In  no  event  shall the funding be less than 75% or more
12    than 125% of the school district's per capita student tuition
13    multiplied by the number of students residing in the district
14    who are enrolled in the charter school.
15        It is the intent of the General Assembly that funding and
16    service agreements under this subsection (b) shall be neither
17    a financial incentive nor a  financial  disincentive  to  the
18    establishment of a charter school.
19        Fees collected from students enrolled at a charter school
20    shall be retained by the charter school.
21        (c)  Notwithstanding  subsection (b) of this Section, the
22    proportionate share of State and federal resources  generated
23    by  students with disabilities or staff serving them shall be
24    directed to charter schools enrolling those students by their
25    school districts or administrative units.  The  proportionate
26    share  of  moneys  generated  under  other  federal  or State
27    categorical aid programs shall be directed to charter schools
28    serving students eligible for that aid.
29        (d)(1)  The  governing  body  of  a  charter  school   is
30    authorized  to accept gifts, donations, or grants of any kind
31    made to the charter  school  and  to  expend  or  use  gifts,
32    donations,  or  grants  in  accordance  with  the  conditions
33    prescribed  by the donor; however, a gift, donation, or grant
34    may not be accepted by the governing body if it is subject to
                            -3-               LRB9008869NTsbA
 1    any condition contrary to applicable law or contrary  to  the
 2    terms  of  the  contract  between  the charter school and the
 3    local school board.  Charter schools shall be  encouraged  to
 4    solicit  and  utilize  community volunteer speakers and other
 5    instructional resources when  providing  instruction  on  the
 6    Holocaust and other historical events.
 7        (2)  From  amounts  appropriated  to  the State Board for
 8    purposes of this subsection (d)(2), the State Board may  make
 9    loans to charter schools established under this Article to be
10    used  by  those  schools  to  defer  their  start-up costs of
11    acquiring  textbooks  and  laboratory  and  other   equipment
12    required for student instruction. Any such loan shall be made
13    to  a  charter  school  at  the  inception of the term of its
14    charter, under terms established  by  the  State  Board,  and
15    shall  be  repaid  by the charter school over the term of its
16    charter.  If the charter is revoked or not renewed, the  then
17    outstanding balance of the loan need not be repaid.
18        (e)  No later than January 1, 1997, the State Board shall
19    issue  a  report  to  the  General  Assembly and the Governor
20    describing the charter schools certified under this  Article,
21    their  geographic  locations,  their  areas of focus, and the
22    numbers of school children served by them.
23        (f)  The State Board shall provide  technical  assistance
24    to   persons   and   groups  preparing  or  revising  charter
25    applications.
26        (g)  At the non-renewal or  revocation  of  its  charter,
27    each  charter  school  shall  refund  to  the  local board of
28    education all unspent funds.
29        (h)  A charter school is authorized to  incur  temporary,
30    short  term debt to pay operating expenses in anticipation of
31    receipt of funds from the local school board.
32    (Source: P.A. 89-450, eff. 4-10-96; 90-548, eff. 1-1-98.)

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