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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,
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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
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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.)