| ||||
Public Act 098-0739 | ||||
| ||||
| ||||
AN ACT concerning education.
| ||||
Be it enacted by the People of the State of Illinois,
| ||||
represented in the General Assembly:
| ||||
Section 5. The School Code is amended by changing Sections | ||||
2-3.25g, 2-3.32, 2-3.47, 10-22.5a, 14-7.03, 18-4.5, 18-6, | ||||
27A-5, 27A-6.5, 27A-7, 27A-9, 27A-11, and 27A-11.5 as follows: | ||||
(105 ILCS 5/2-3.25g) (from Ch. 122, par. 2-3.25g) | ||||
Sec. 2-3.25g. Waiver or modification of mandates within the | ||||
School
Code and administrative rules and regulations. | ||||
(a) In this Section: | ||||
"Board" means a school board or the governing board or | ||||
administrative district, as the case may be, for a joint | ||||
agreement. | ||||
"Eligible applicant" means a school district, joint | ||||
agreement made up of school districts, or regional | ||||
superintendent of schools on behalf of schools and programs | ||||
operated by the regional office of education.
| ||||
"Implementation date" has the meaning set forth in | ||||
Section 24A-2.5 of this Code. | ||||
"State Board" means the State Board of Education.
| ||||
(b) Notwithstanding any other
provisions of this School | ||||
Code or any other law of this State to the
contrary, eligible | ||||
applicants may petition the State Board of Education for the
|
waiver or modification of the mandates of this School Code or | ||
of the
administrative rules and regulations promulgated by the | ||
State Board of
Education. Waivers or modifications of | ||
administrative rules and regulations
and modifications of | ||
mandates of this School Code may be requested when an eligible | ||
applicant demonstrates that it can address the intent of the | ||
rule or
mandate in a more effective, efficient, or economical | ||
manner or when necessary
to stimulate innovation or improve | ||
student performance. Waivers of
mandates of
the School Code may | ||
be requested when the waivers are necessary to stimulate
| ||
innovation or improve student performance. Waivers may not be | ||
requested
from laws, rules, and regulations pertaining to | ||
special education, teacher educator licensure
certification , | ||
teacher tenure and seniority, or Section 5-2.1 of this Code or | ||
from compliance with the No
Child Left Behind Act of 2001 | ||
(Public Law 107-110). Eligible applicants may not seek a waiver | ||
or seek a modification of a mandate regarding the requirements | ||
for (i) student performance data to be a significant factor in | ||
teacher or principal evaluations or (ii) for teachers and | ||
principals to be rated using the 4 categories of "excellent", | ||
"proficient", "needs improvement", or "unsatisfactory". On | ||
September 1, 2014, any previously authorized waiver or | ||
modification from such requirements shall terminate. | ||
(c) Eligible applicants, as a matter of inherent managerial | ||
policy, and any
Independent Authority established under | ||
Section 2-3.25f may submit an
application for a waiver or |
modification authorized under this Section. Each
application | ||
must include a written request by the eligible applicant or
| ||
Independent Authority and must demonstrate that the intent of | ||
the mandate can
be addressed in a more effective, efficient, or | ||
economical manner
or be based
upon a specific plan for improved | ||
student performance and school improvement.
Any eligible | ||
applicant requesting a waiver or modification for the reason | ||
that intent
of the mandate can be addressed in a more | ||
economical manner shall include in
the application a fiscal | ||
analysis showing current expenditures on the mandate
and | ||
projected savings resulting from the waiver
or modification. | ||
Applications
and plans developed by eligible applicants must be | ||
approved by the board or regional superintendent of schools | ||
applying on behalf of schools or programs operated by the | ||
regional office of education following a public hearing on the | ||
application and plan and the
opportunity for the board or | ||
regional superintendent to hear testimony from staff
directly | ||
involved in
its implementation, parents, and students. The time | ||
period for such testimony shall be separate from the time | ||
period established by the eligible applicant for public comment | ||
on other matters. If the applicant is a school district or | ||
joint agreement requesting a waiver or modification of Section | ||
27-6 of this Code, the public hearing shall be held on a day | ||
other than the day on which a regular meeting of the board is | ||
held. | ||
(c-5) If the applicant is a school district, then the |
district shall post information that sets forth the time, date, | ||
place, and general subject matter of the public hearing on its | ||
Internet website at least 14 days prior to the hearing. If the | ||
district is requesting to increase the fee charged for driver | ||
education authorized pursuant to Section 27-24.2 of this Code, | ||
the website information shall include the proposed amount of | ||
the fee the district will request. All school districts must | ||
publish a notice of the public hearing at least 7 days prior to | ||
the hearing in a newspaper of general circulation within the | ||
school district that sets forth the time, date, place, and | ||
general subject matter of the hearing. Districts requesting to | ||
increase the fee charged for driver education shall include in | ||
the published notice the proposed amount of the fee the | ||
district will request. If the applicant is a joint agreement or | ||
regional superintendent, then the joint agreement or regional | ||
superintendent shall post information that sets forth the time, | ||
date, place, and general subject matter of the public hearing | ||
on its Internet website at least 14 days prior to the hearing. | ||
If the joint agreement or regional superintendent is requesting | ||
to increase the fee charged for driver education authorized | ||
pursuant to Section 27-24.2 of this Code, the website | ||
information shall include the proposed amount of the fee the | ||
applicant will request. All joint agreements and regional | ||
superintendents must publish a notice of the public hearing at | ||
least 7 days prior to the hearing in a newspaper of general | ||
circulation in each school district that is a member of the |
joint agreement or that is served by the educational service | ||
region that sets forth the time, date, place, and general | ||
subject matter of the hearing, provided that a notice appearing | ||
in a newspaper generally circulated in more than one school | ||
district shall be deemed to fulfill this requirement with | ||
respect to all of the affected districts. Joint agreements or | ||
regional superintendents requesting to increase the fee | ||
charged for driver education shall include in the published | ||
notice the proposed amount of the fee the applicant will | ||
request. The
eligible applicant must notify in writing the | ||
affected exclusive collective
bargaining agent and those State | ||
legislators representing the eligible applicant's territory of
| ||
its
intent to seek approval of a
waiver or
modification and of | ||
the hearing to be held to take testimony from staff.
The | ||
affected exclusive collective bargaining agents shall be | ||
notified of such
public hearing at least 7 days prior to the | ||
date of the hearing and shall be
allowed to attend
such public | ||
hearing. The eligible applicant shall attest to compliance with | ||
all of
the notification and procedural requirements set forth | ||
in this Section. | ||
(d) A request for a waiver or modification of | ||
administrative rules and
regulations or for a modification of | ||
mandates contained in this School Code
shall be submitted to | ||
the State Board of Education within 15 days after
approval by | ||
the board or regional superintendent of schools. The | ||
application as submitted to the
State Board of Education shall |
include a description of the public hearing. Except with | ||
respect to contracting for adaptive driver education, an | ||
eligible applicant wishing to request a modification or waiver | ||
of administrative rules of the State Board of Education | ||
regarding contracting with a commercial driver training school | ||
to provide the course of study authorized under Section 27-24.2 | ||
of this Code must provide evidence with its application that | ||
the commercial driver training school with which it will | ||
contract holds a license issued by the Secretary of State under | ||
Article IV of Chapter 6 of the Illinois Vehicle Code and that | ||
each instructor employed by the commercial driver training | ||
school to provide instruction to students served by the school | ||
district holds a valid teaching certificate or teaching | ||
license, as applicable, issued under the requirements of this | ||
Code and rules of the State Board of Education. Such evidence | ||
must include, but need not be limited to, a list of each | ||
instructor assigned to teach students served by the school | ||
district, which list shall include the instructor's name, | ||
personal identification number as required by the State Board | ||
of Education, birth date, and driver's license number. If the | ||
modification or waiver is granted, then the eligible applicant | ||
shall notify the State Board of Education of any changes in the | ||
personnel providing instruction within 15 calendar days after | ||
an instructor leaves the program or a new instructor is hired. | ||
Such notification shall include the instructor's name, | ||
personal identification number as required by the State Board |
of Education, birth date, and driver's license number. If a | ||
school district maintains an Internet website, then the | ||
district shall post a copy of the final contract between the | ||
district and the commercial driver training school on the | ||
district's Internet website. If no Internet website exists, | ||
then the district shall make available the contract upon | ||
request. A record of all materials in relation to the | ||
application for contracting must be maintained by the school | ||
district and made available to parents and guardians upon | ||
request. The instructor's date of birth and driver's license | ||
number and any other personally identifying information as | ||
deemed by the federal Driver's Privacy Protection Act of 1994 | ||
must be redacted from any public materials.
Following receipt | ||
of the waiver or modification request, the
State Board shall | ||
have 45 days to review the application and request. If the
| ||
State Board fails to disapprove the application within that 45 | ||
day period, the
waiver or modification shall be deemed granted. | ||
The State Board
may disapprove
any request if it is not based | ||
upon sound educational practices, endangers the
health or | ||
safety of students or staff, compromises equal opportunities | ||
for
learning, or fails to demonstrate that the intent of the | ||
rule or mandate can be
addressed in a more effective, | ||
efficient, or economical manner or have improved
student | ||
performance as a primary goal. Any request disapproved by the | ||
State
Board may be appealed to the General Assembly by the | ||
eligible applicant
as outlined in this Section. |
A request for a waiver from mandates contained in this | ||
School Code shall be
submitted to the State Board within 15 | ||
days after approval by the board or regional superintendent of | ||
schools.
The application as submitted to the State Board of | ||
Education
shall include a description of the public hearing. | ||
The description shall
include, but need not be limited to, the | ||
means of notice, the number of people
in attendance, the number | ||
of people who spoke as proponents or opponents of the
waiver, a | ||
brief description of their comments, and whether there were any
| ||
written statements submitted.
The State Board shall review the | ||
applications and requests for
completeness and shall compile | ||
the requests in reports to be filed with the
General Assembly.
| ||
The State Board shall file
reports outlining the waivers
| ||
requested by eligible applicants
and appeals by eligible | ||
applicants of requests
disapproved by the State Board with the | ||
Senate and the House of
Representatives before each March 1 and
| ||
October
1. The General Assembly may disapprove the report of | ||
the State Board in whole
or in part within 60 calendar days | ||
after each house of the General Assembly
next
convenes after | ||
the report is filed by adoption of a resolution by a record | ||
vote
of the majority of members elected in each house. If the | ||
General Assembly
fails to disapprove any waiver request or | ||
appealed request within such 60
day period, the waiver or | ||
modification shall be deemed granted. Any resolution
adopted by | ||
the General Assembly disapproving a report of the State Board | ||
in
whole or in part shall be binding on the State Board. |
(e) An approved waiver or modification (except a waiver | ||
from or modification to a physical education mandate) may | ||
remain in effect for a period not to
exceed 5 school years and | ||
may be renewed upon application by the
eligible applicant. | ||
However, such waiver or modification may be changed within that
| ||
5-year period by a board or regional superintendent of schools | ||
applying on behalf of schools or programs operated by the | ||
regional office of education following the procedure as set
| ||
forth in this Section for the initial waiver or modification | ||
request. If
neither the State Board of Education nor the | ||
General Assembly disapproves, the
change is deemed granted. | ||
An approved waiver from or modification to a physical | ||
education mandate may remain in effect for a period not to | ||
exceed 2 school years and may be renewed no more than 2 times | ||
upon application by the eligible applicant. An approved waiver | ||
from or modification to a physical education mandate may be | ||
changed within the 2-year period by the board or regional | ||
superintendent of schools, whichever is applicable, following | ||
the procedure set forth in this Section for the initial waiver | ||
or modification request. If neither the State Board of | ||
Education nor the General Assembly disapproves, the change is | ||
deemed granted.
| ||
(f) (Blank). | ||
(Source: P.A. 97-1025, eff. 1-1-13; 98-513, eff. 1-1-14.)
| ||
(105 ILCS 5/2-3.32) (from Ch. 122, par. 2-3.32)
|
Sec. 2-3.32. Auditing department. To maintain a division of | ||
audits to consist of one qualified supervisor
and junior | ||
accountants who are to be competent persons whose duty it shall
| ||
be to establish a system to perform audits, on a sample basis, | ||
of audit all claims for state moneys relative to the public | ||
school
system of Illinois.
| ||
(Source: Laws 1965, p. 1985.)
| ||
(105 ILCS 5/2-3.47) (from Ch. 122, par. 2-3.47)
| ||
Sec. 2-3.47. The State Board of Education shall annually | ||
submit a budget recommendation to the Governor and General | ||
Assembly that contains recommendations for funding for | ||
pre-school through grade 12. Comprehensive Educational Plan. | ||
The State Board of
Education shall analyze the current and | ||
anticipated
problems and deficiencies, present and future | ||
minimum needs and
requirements and immediate and future | ||
objectives and goals of elementary
and secondary education in | ||
the State of Illinois, and shall design and prepare
a | ||
Comprehensive Educational Plan for the development, expansion, | ||
integration,
coordination, and improved and efficient | ||
utilization of the personnel,
facilities,
revenues, curricula | ||
and standards of elementary and secondary education
for the | ||
public schools in the areas of teaching (including preparation,
| ||
certification, compensation, classification, performance | ||
rating and tenure),
administration, program content and | ||
enrichment, student academic achievement,
class size, |
transportation, educational finance and budgetary and | ||
accounting
procedure, and educational policy and resource | ||
planning. In formulating
the Comprehensive Educational Plan | ||
for elementary and secondary education,
pre-school through | ||
grade 12, in this State, the State Board of Education
shall | ||
give consideration to disabled, occupational,
career and
other | ||
specialized areas of elementary and secondary education, and | ||
further
shall consider the problems, requirements and | ||
objectives of private elementary
and secondary schools within | ||
the State as the same relate to the present
and future | ||
problems, deficiencies, needs, requirements, objectives and | ||
goals
of the public school system of Illinois. As an integral | ||
part of the
Comprehensive
Educational Plan, the State Board of | ||
Education shall develop an annual budget
for education for the | ||
entire State which details the required, total revenues
from | ||
all sources and the estimated total expenditures for all | ||
purposes under
the Comprehensive
Educational
Plan. The budgets | ||
shall specify the amount of revenue projected from each
source | ||
and the amount of expenditure estimated for each purpose for | ||
the fiscal year, and shall specifically relate and identify | ||
such projected
revenues and estimated expenditures to the | ||
particular problem, deficiency,
need, requirement, objective | ||
or goal set forth in the Comprehensive Educational
Plan to | ||
which such revenues for expenditures are attributable. The | ||
State
Board of Education shall prepare and submit to the | ||
General Assembly and
the Governor drafts of proposed |
legislation to implement the Comprehensive
Educational Plan; | ||
shall engage in a continuing study, analysis and evaluation
of | ||
the Comprehensive Educational Plan so designed and prepared;
| ||
and shall from time to time as required with respect to such | ||
annual budgets,
and as the State Board of Education shall | ||
determine with respect to any
proposed amendments or | ||
modifications of any Comprehensive Educational Plan
enacted by | ||
the General Assembly, submit its drafts or recommendations for
| ||
proposed legislation to the General Assembly and the Governor.
| ||
(Source: P.A. 93-21, eff. 7-1-03.)
| ||
(105 ILCS 5/10-22.5a) (from Ch. 122, par. 10-22.5a)
| ||
Sec. 10-22.5a. Attendance by dependents of United States | ||
military personnel, foreign exchange students, and certain
| ||
nonresident pupils. | ||
(a) To enter into written agreements with cultural exchange | ||
organizations,
or with nationally recognized eleemosynary | ||
institutions that promote excellence
in the arts, mathematics, | ||
or science. The written agreements may provide
for tuition free | ||
attendance at the local district school by foreign exchange
| ||
students, or by nonresident pupils of eleemosynary | ||
institutions. The local
board of education, as part of the | ||
agreement, may require that the cultural
exchange program or | ||
the eleemosynary institutions provide services to the
district | ||
in exchange for the waiver of nonresident tuition.
| ||
To enter into written agreements with adjacent school |
districts to provide
for tuition free attendance by a student | ||
of the adjacent district when
requested for the student's | ||
health and safety by the student or parent and both
districts | ||
determine that the student's health or safety will be served by | ||
such
attendance. Districts shall not be required to enter into | ||
such agreements nor
be
required to alter existing | ||
transportation services due to the attendance of
such | ||
non-resident pupils.
| ||
(a-5) If, at the time of enrollment, a dependent of United | ||
States military personnel is housed in temporary housing | ||
located outside of a school district, but will be living within | ||
the district within 60 days after the time of initial | ||
enrollment, the dependent must be allowed to enroll, subject to | ||
the requirements of this subsection (a-5), and must not be | ||
charged tuition. Any United States military personnel | ||
attempting to enroll a dependent under this subsection (a-5) | ||
shall provide proof that the dependent will be living within | ||
the district within 60 days after the time of initial | ||
enrollment. Proof of residency may include, but is not limited | ||
to, postmarked mail addressed to the military personnel and | ||
sent to an address located within the district, a lease | ||
agreement for occupancy of a residence located within the | ||
district, or proof of ownership of a residence located within | ||
the district.
| ||
(b) Nonresident pupils and foreign exchange students | ||
attending school on a
tuition free basis under such agreements |
and nonresident dependents of United States military personnel | ||
attending school on a tuition free basis may be counted for the | ||
purposes
of determining the apportionment of State aid provided | ||
under Section 18-8.05
of this Code , provided
that any cultural | ||
exchange organization or eleemosynary
institutions
wishing to | ||
participate in an agreement authorized under this Section must
| ||
be approved in writing by the State Board of Education. The | ||
State Board
of Education may establish reasonable rules to | ||
determine the eligibility
of cultural exchange organizations | ||
or eleemosynary institutions wishing
to participate in | ||
agreements authorized under this Section . No organization
or | ||
institution participating in agreements authorized under this | ||
Section
may exclude any individual for participation in its | ||
program on account
of the person's race, color, sex, religion | ||
or nationality.
| ||
(Source: P.A. 93-740, eff. 7-15-04.)
| ||
(105 ILCS 5/14-7.03) (from Ch. 122, par. 14-7.03)
| ||
Sec. 14-7.03. Special Education Classes for Children from | ||
Orphanages,
Foster Family Homes, Children's Homes, or in State | ||
Housing Units. If a
school district maintains special education | ||
classes on the site of
orphanages and children's homes, or if | ||
children from the orphanages,
children's homes, foster family | ||
homes, other State agencies, or State
residential units for | ||
children attend classes for children with disabilities
in which | ||
the school district is a participating member of a joint
|
agreement, or if the children from the orphanages, children's | ||
homes,
foster family homes, other State agencies, or State | ||
residential units
attend classes for the children with | ||
disabilities maintained by the school
district, then | ||
reimbursement shall be paid to eligible districts in
accordance | ||
with the provisions of this Section by the Comptroller as | ||
directed
by the State Superintendent of Education.
| ||
The amount of tuition for such children shall be determined | ||
by the
actual cost of maintaining such classes, using the per | ||
capita cost formula
set forth in Section 14-7.01, such program | ||
and cost to be pre-approved by
the State Superintendent of | ||
Education.
| ||
On forms prepared by the State Superintendent of Education, | ||
the
district shall certify to the regional superintendent the | ||
following:
| ||
(1) The name of the home or State residential unit with | ||
the name of
the owner or proprietor and address of those | ||
maintaining it;
| ||
(2) That no service charges or other payments | ||
authorized by law were
collected in lieu of taxes therefrom | ||
or on account thereof during either
of the calendar years | ||
included in the school year for which claim is
being made;
| ||
(3) The number of children qualifying under this Act in | ||
special
education classes for instruction on the site of | ||
the orphanages and
children's homes;
| ||
(4) The number of children attending special education |
classes for children with disabilities in which the | ||
district is a
participating member of
a special education | ||
joint agreement;
| ||
(5) The number of children attending special education | ||
classes for children with disabilities maintained by the | ||
district;
| ||
(6) The computed amount of tuition payment claimed as | ||
due, as
approved by the State Superintendent of Education, | ||
for maintaining these
classes.
| ||
If a school district makes a claim for reimbursement under | ||
Section
18-3 or 18-4 of this Act it shall not include in any | ||
claim filed under
this Section a claim for such children. | ||
Payments authorized by law,
including State or federal grants | ||
for education of children included in
this Section, shall be | ||
deducted in determining the tuition amount.
| ||
Nothing in this Act shall be construed so as to prohibit
| ||
reimbursement for the tuition of children placed in for profit | ||
facilities.
Private facilities shall provide adequate space at | ||
the
facility for special education classes provided by a school | ||
district or
joint agreement for children with disabilities who | ||
are
residents of the
facility at no cost to the school district | ||
or joint agreement upon
request of the school district or joint | ||
agreement. If such a private
facility provides space at no cost | ||
to the district or joint agreement
for special education | ||
classes provided to children with
disabilities who are
| ||
residents of the facility, the district or joint agreement |
shall not
include any costs for the use of those facilities in | ||
its claim for
reimbursement.
| ||
Reimbursement for tuition may include the cost of providing | ||
summer
school programs for children with severe and profound | ||
disabilities served
under this Section. Claims for that | ||
reimbursement shall be filed by
November 1 and shall be paid on | ||
or before December 15 from
appropriations made for the purposes | ||
of this Section.
| ||
The State Board of Education shall establish such rules and
| ||
regulations as may be necessary to implement the provisions of | ||
this
Section.
| ||
Claims filed on behalf of programs operated under this | ||
Section housed in a
jail, detention center, or county-owned | ||
shelter care facility
shall be on an individual student basis | ||
only for
eligible students with disabilities. These claims | ||
shall be in accordance with
applicable rules.
| ||
Each district claiming reimbursement for a program | ||
operated as a group
program shall have an approved budget on | ||
file with the State Board of
Education prior to the initiation | ||
of the program's operation. On September
30, December 31, and | ||
March 31, the State Board of Education shall voucher
payments | ||
to group programs based upon the approved budget during the | ||
year
of operation. Final claims for group payments shall be | ||
filed on or before
July 15. Final claims for group programs | ||
received at the State
Board of
Education on or before June 15 | ||
shall be vouchered by June 30. Final claims
received at the |
State Board of Education between June 16 and July 15
shall be | ||
vouchered by August 30. Claims for group programs
received
| ||
after July 15 shall not be honored.
| ||
Each district claiming reimbursement for individual | ||
students shall have the
eligibility of those students verified | ||
by the State Board of Education. On
September 30, December 31, | ||
and March 31, the State Board of Education shall
voucher | ||
payments for individual students based upon an estimated cost
| ||
calculated from the prior year's claim. Final claims for | ||
individual students
for the regular school term must be | ||
received at the State Board of Education by
July 15. Claims for | ||
individual students received after July 15 shall not
be | ||
honored. Final claims for individual students shall be | ||
vouchered by
August 30.
| ||
Reimbursement shall be made based upon approved group | ||
programs or
individual students. The State Superintendent of | ||
Education shall direct the
Comptroller to pay a specified | ||
amount to the district by the 30th day of
September, December, | ||
March, June, or August, respectively. However,
notwithstanding | ||
any other provisions of this Section or the School Code,
| ||
beginning with fiscal year 1994 and each fiscal year | ||
thereafter, if the amount appropriated for any fiscal year
is | ||
less than the amount required for purposes of this Section, the | ||
amount
required to eliminate any insufficient reimbursement | ||
for each district claim
under this Section shall be reimbursed | ||
on August 30 of the next fiscal
year. Payments required to |
eliminate any insufficiency for prior
fiscal year claims shall | ||
be made before any claims are paid for the current
fiscal year.
| ||
The claim of a school district otherwise eligible to be | ||
reimbursed in
accordance with Section 14-12.01 for the 1976-77 | ||
school year but for
this amendatory Act of 1977 shall not be | ||
paid unless the district ceases
to maintain such classes for | ||
one entire school year.
| ||
If a school district's current reimbursement payment for | ||
the 1977-78
school year only is less than the prior year's | ||
reimbursement payment
owed, the district shall be paid the | ||
amount of the difference between
the payments in addition to | ||
the current reimbursement payment, and the
amount so paid shall | ||
be subtracted from the amount of prior year's
reimbursement | ||
payment owed to the district.
| ||
Regional superintendents may operate special education | ||
classes for
children from orphanages, foster family homes, | ||
children's homes or State
housing units located within the | ||
educational services region upon consent
of the school board | ||
otherwise so obligated. In electing to assume the
powers and | ||
duties of a school district in providing and maintaining such a
| ||
special education program, the regional superintendent may | ||
enter into joint
agreements with other districts and may | ||
contract with public or private
schools or the orphanage, | ||
foster family home, children's home or State
housing unit for | ||
provision of the special education program. The regional
| ||
superintendent exercising the powers granted under this |
Section shall claim
the reimbursement authorized by this | ||
Section directly from the State Board
of Education.
| ||
Any child who is not a resident of Illinois who is placed | ||
in a child
welfare institution, private facility, foster family | ||
home, State operated
program, orphanage or children's home | ||
shall have the payment for his
educational tuition and any | ||
related services assured by the placing agent.
| ||
For each disabled student who is placed in a residential | ||
facility by an Illinois public
agency or by any court in this | ||
State, the costs for educating the student
are eligible for | ||
reimbursement under this Section.
| ||
The district of residence of the disabled student as
| ||
defined in Section 14-1.11a is responsible for the actual costs | ||
of
the student's special education program and is eligible for | ||
reimbursement under
this Section when placement is made by a | ||
State agency or the courts.
| ||
When a dispute arises over the determination of the | ||
district of
residence under this Section, the district or | ||
districts may appeal the decision in writing to
the State | ||
Superintendent of Education, who, upon review of materials | ||
submitted and any other items or information he or she may | ||
request for submission, shall issue a written decision on the | ||
matter. The decision of the State
Superintendent of Education | ||
shall be final.
| ||
In the event a district does not make a tuition
payment to | ||
another district that is providing the special education
|
program and services, the State Board of Education shall | ||
immediately
withhold 125% of
the then remaining annual tuition | ||
cost from the State aid or categorical
aid payment due to the
| ||
school district that is determined to be the resident school | ||
district. All
funds withheld by the State Board of Education | ||
shall immediately be
forwarded to the
school district where the | ||
student is being served.
| ||
When a child eligible for services under this Section | ||
14-7.03 must be
placed in a nonpublic facility, that facility | ||
shall meet the programmatic
requirements of Section 14-7.02 and | ||
its regulations, and the educational
services shall be funded | ||
only in accordance with this Section 14-7.03.
| ||
(Source: P.A. 95-313, eff. 8-20-07; 95-844, eff. 8-15-08.)
| ||
(105 ILCS 5/18-4.5)
| ||
Sec. 18-4.5. Home Hospital Grants. Except for those | ||
children qualifying
under Article 14, school districts shall be | ||
eligible to receive reimbursement
for all children requiring | ||
home or hospital instruction at not more than $1,000
annually | ||
per child or $9,000 $8,000 per teacher, whichever is less.
| ||
(Source: P.A. 88-386.)
| ||
(105 ILCS 5/18-6) (from Ch. 122, par. 18-6)
| ||
Sec. 18-6. Supervisory expenses. The State Board of | ||
Education
shall annually request an appropriation from the | ||
common school fund for
regional office of education expenses, |
aggregating $1,000 per county per year
for each educational | ||
service region.
The State Board of Education shall present | ||
vouchers to the Comptroller as
soon as may be after the first | ||
day of August
each year for each regional office of education.
| ||
Each regional office of education may draw upon these funds | ||
this fund for the
expenses necessarily incurred in providing | ||
for supervisory services in the
region.
| ||
(Source: P.A. 88-9; 89-397, eff. 8-20-95.)
| ||
(105 ILCS 5/27A-5)
| ||
Sec. 27A-5. Charter school; legal entity; requirements.
| ||
(a) A charter school shall be a public, nonsectarian, | ||
nonreligious, non-home
based, and non-profit school. A charter | ||
school shall be organized and operated
as a nonprofit | ||
corporation or other discrete, legal, nonprofit entity
| ||
authorized under the laws of the State of Illinois.
| ||
(b) A charter school may be established under this Article | ||
by creating a new
school or by converting an existing public | ||
school or attendance center to
charter
school status.
Beginning | ||
on the effective date of this amendatory Act of the 93rd | ||
General
Assembly, in all new
applications submitted to the | ||
State Board or a local school board to establish
a charter
| ||
school in a city having a population exceeding 500,000, | ||
operation of the
charter
school shall be limited to one campus. | ||
The changes made to this Section by this
amendatory Act
of the | ||
93rd General
Assembly do not apply to charter schools existing |
or approved on or before the
effective date of this
amendatory | ||
Act. | ||
(b-5) In this subsection (b-5), "virtual-schooling" means | ||
the teaching of courses through online methods with online | ||
instructors, rather than the instructor and student being at | ||
the same physical location. "Virtual-schooling" includes | ||
without limitation instruction provided by full-time, online | ||
virtual schools. | ||
From April 1, 2013 through April 1, 2014, there is a | ||
moratorium on the establishment of charter schools with | ||
virtual-schooling components in school districts other than a | ||
school district organized under Article 34 of this Code. This | ||
moratorium does not apply to a charter school with | ||
virtual-schooling components existing or approved prior to | ||
April 1, 2013 or to the renewal of the charter of a charter | ||
school with virtual-schooling components already approved | ||
prior to April 1, 2013. | ||
On or before March 1, 2014, the Commission shall submit to | ||
the General Assembly a report on the effect of | ||
virtual-schooling, including without limitation the effect on | ||
student performance, the costs associated with | ||
virtual-schooling, and issues with oversight. The report shall | ||
include policy recommendations for virtual-schooling.
| ||
(c) A charter school shall be administered and governed by | ||
its board of
directors or other governing body
in the manner | ||
provided in its charter. The governing body of a charter school
|
shall be subject to the Freedom of Information Act and the Open | ||
Meetings Act.
| ||
(d) A charter school shall comply with all applicable | ||
health and safety
requirements applicable to public schools | ||
under the laws of the State of
Illinois.
| ||
(e) Except as otherwise provided in the School Code, a | ||
charter school shall
not charge tuition; provided that a | ||
charter school may charge reasonable fees
for textbooks, | ||
instructional materials, and student activities.
| ||
(f) A charter school shall be responsible for the | ||
management and operation
of its fiscal affairs including,
but | ||
not limited to, the preparation of its budget. An audit of each | ||
charter
school's finances shall be conducted annually by an | ||
outside, independent
contractor retained by the charter | ||
school. Annually, by December 1, every charter school must | ||
submit to the State Board a copy of its audit and a copy of the | ||
Form 990 the charter school filed that year with the federal | ||
Internal Revenue Service.
| ||
(g) A charter school shall comply with all provisions of | ||
this Article, the Illinois Educational Labor Relations Act, and
| ||
its charter. A charter
school is exempt from all other State | ||
laws and regulations in the School Code
governing public
| ||
schools and local school board policies, except the following:
| ||
(1) Sections 10-21.9 and 34-18.5 of the School Code | ||
regarding criminal
history records checks and checks of the | ||
Statewide Sex Offender Database and Statewide Murderer and |
Violent Offender Against Youth Database of applicants for | ||
employment;
| ||
(2) Sections 24-24 and 34-84A of the School Code | ||
regarding discipline of
students;
| ||
(3) The Local Governmental and Governmental Employees | ||
Tort Immunity Act;
| ||
(4) Section 108.75 of the General Not For Profit | ||
Corporation Act of 1986
regarding indemnification of | ||
officers, directors, employees, and agents;
| ||
(5) The Abused and Neglected Child Reporting Act;
| ||
(6) The Illinois School Student Records Act;
| ||
(7) Section 10-17a of the School Code regarding school | ||
report cards; and
| ||
(8) The P-20 Longitudinal Education Data System Act. | ||
The change made by Public Act 96-104 to this subsection (g) | ||
is declaratory of existing law. | ||
(h) A charter school may negotiate and contract with a | ||
school district, the
governing body of a State college or | ||
university or public community college, or
any other public or | ||
for-profit or nonprofit private entity for: (i) the use
of a | ||
school building and grounds or any other real property or | ||
facilities that
the charter school desires to use or convert | ||
for use as a charter school site,
(ii) the operation and | ||
maintenance thereof, and
(iii) the provision of any service, | ||
activity, or undertaking that the charter
school is required to | ||
perform in order to carry out the terms of its charter.
|
However, a charter school
that is established on
or
after the | ||
effective date of this amendatory Act of the 93rd General
| ||
Assembly and that operates
in a city having a population | ||
exceeding
500,000 may not contract with a for-profit entity to
| ||
manage or operate the school during the period that commences | ||
on the
effective date of this amendatory Act of the 93rd | ||
General Assembly and
concludes at the end of the 2004-2005 | ||
school year.
Except as provided in subsection (i) of this | ||
Section, a school district may
charge a charter school | ||
reasonable rent for the use of the district's
buildings, | ||
grounds, and facilities. Any services for which a charter | ||
school
contracts
with a school district shall be provided by | ||
the district at cost. Any services
for which a charter school | ||
contracts with a local school board or with the
governing body | ||
of a State college or university or public community college
| ||
shall be provided by the public entity at cost.
| ||
(i) In no event shall a charter school that is established | ||
by converting an
existing school or attendance center to | ||
charter school status be required to
pay rent for space
that is | ||
deemed available, as negotiated and provided in the charter | ||
agreement,
in school district
facilities. However, all other | ||
costs for the operation and maintenance of
school district | ||
facilities that are used by the charter school shall be subject
| ||
to negotiation between
the charter school and the local school | ||
board and shall be set forth in the
charter.
| ||
(j) A charter school may limit student enrollment by age or |
grade level.
| ||
(k) If the charter school is approved by the Commission, | ||
then the Commission charter school is its own local education | ||
agency. | ||
(Source: P.A. 97-152, eff. 7-20-11; 97-154, eff. 1-1-12; | ||
97-813, eff. 7-13-12; 98-16, eff. 5-24-13.)
| ||
(105 ILCS 5/27A-6.5)
| ||
Sec. 27A-6.5. Charter school referendum.
| ||
(a) No charter shall go into effect be approved under this | ||
Section that would convert any
existing private, parochial, or | ||
non-public school to a charter school or whose
proposal has not | ||
been
certified by the State Board.
| ||
(b) A local school board shall, whenever petitioned to do | ||
so by 5% or more
of
the
voters of a school district or | ||
districts identified in a charter school
proposal, order | ||
submitted to the voters thereof at a
regularly scheduled
| ||
election the question of whether a new charter school shall be | ||
established,
which
proposal
has been found certified by the | ||
Commission State Board to be in compliance with the
provisions | ||
of this Article,
and the secretary shall certify the | ||
proposition to the proper election
authorities
for submission | ||
in accordance with the general election law. The proposition
| ||
shall be in
substantially the following form:
| ||
"FOR the establishment of (name of proposed charter | ||
school) under charter
school proposal (charter school |
proposal number).
| ||
AGAINST the establishment of (name of proposed charter | ||
school) under
charter
school proposal (charter school | ||
proposal number)".
| ||
(c) Before circulating a petition to submit the question of | ||
whether to
establish a charter school to the voters under | ||
subsection (b) of this Section,
the governing body of a
| ||
proposed charter
school
that desires to establish a
new charter
| ||
school by referendum shall submit the charter school proposal | ||
to
the Commission State Board
in the form of a proposed | ||
contract to be entered into
between the Commission State Board
| ||
and the governing body of the proposed charter school, as | ||
provided
under
Section 27A-6, together with written notice of | ||
the intent to have
a new charter school established by | ||
referendum.
The contract shall comply with the provisions of | ||
this Article.
| ||
If the Commission State Board finds that the proposed | ||
contract complies with the
provisions
of this Article, it
shall
| ||
immediately
certify that the
proposed contract complies with | ||
the provisions of this Article and direct the
local school | ||
board to notify the proper
election authorities that the | ||
question of whether to establish a new charter
school
shall be | ||
submitted for referendum.
| ||
(d) If the Commission State Board finds that the proposal | ||
fails to comply with the
provisions of this Article, it shall | ||
refuse to certify the proposal and provide
written explanation, |
detailing its reasons for refusal, to the local school
board | ||
and
to the individuals or organizations submitting the | ||
proposal. The Commission State
Board shall also notify the | ||
local school board and the individuals or
organizations | ||
submitting the proposal that the proposal may be amended and
| ||
resubmitted under the same provisions required for an original | ||
submission.
| ||
(e) If a majority of the votes cast upon the proposition in | ||
each school
district designated in the charter school proposal | ||
is in favor of
establishing
a charter school, the local school | ||
board shall notify the State Board and the Commission of
the
| ||
passage of
the proposition in favor of establishing a charter | ||
school and the Commission State
Board
shall approve the charter | ||
within 7 days
after
the State Board of Elections has certified | ||
that a
majority
of the votes cast upon the proposition is in | ||
favor of establishing a charter
school. The Commission State | ||
Board shall be the chartering entity for charter
schools | ||
established by referendum under this Section. | ||
(f) The State Board shall determine whether the charter | ||
proposal approved by the Commission is consistent with the | ||
provisions of this Article and, if the approved proposal | ||
complies, certify the proposal pursuant to this Article.
| ||
(Source: P.A. 91-407, eff. 8-3-99.)
| ||
(105 ILCS 5/27A-7)
| ||
Sec. 27A-7. Charter submission.
|
(a) A proposal to establish a charter school shall be | ||
submitted to the
State Board and the local school board and the | ||
State Board for certification under Section 27A-6 of this Code | ||
in the form of a proposed contract
entered
into between the | ||
local school board and the governing body of a proposed
charter | ||
school. The
charter school proposal as submitted to the State | ||
Board shall include:
| ||
(1) The name of the proposed charter school, which must | ||
include the words
"Charter School".
| ||
(2) The age or grade range, areas of focus, minimum and | ||
maximum numbers of
pupils to be enrolled in the charter | ||
school, and any other admission criteria
that would be | ||
legal if used by a school district.
| ||
(3) A description of and address for the physical plant | ||
in which the
charter school will be located; provided that | ||
nothing in the Article shall be
deemed to justify delaying | ||
or withholding favorable action on or approval of a
charter | ||
school proposal because the building or buildings in which | ||
the charter
school is to be located have not been acquired | ||
or rented at the time a charter
school proposal is | ||
submitted or approved or a charter school contract is
| ||
entered
into or submitted for certification or certified, | ||
so long as the proposal or
submission identifies and names | ||
at least 2 sites that are potentially available
as a | ||
charter school facility by the time the charter school is | ||
to open.
|
(4) The mission statement of the charter school, which | ||
must be consistent
with the General Assembly's declared | ||
purposes; provided that nothing in this
Article shall be | ||
construed to require that, in order to receive favorable
| ||
consideration and approval, a charter school proposal | ||
demonstrate unequivocally
that the charter school will be | ||
able to meet each of those declared purposes,
it
being the | ||
intention of the Charter Schools Law that those purposes be
| ||
recognized as goals that
charter schools must aspire to | ||
attain.
| ||
(5) The goals, objectives, and pupil performance | ||
standards to be achieved
by the charter school.
| ||
(6) In the case of a proposal to establish a charter | ||
school by
converting an existing public school or | ||
attendance center to charter school
status, evidence that | ||
the proposed formation of the charter school has received
| ||
the approval of certified teachers, parents
and
guardians, | ||
and, if applicable, a local school council as provided in
| ||
subsection
(b) of Section 27A-8.
| ||
(7) A description of the charter school's educational | ||
program, pupil
performance standards, curriculum, school | ||
year, school days, and hours of
operation.
| ||
(8) A description of the charter school's plan for | ||
evaluating pupil
performance, the types of assessments | ||
that will be used to measure pupil
progress towards | ||
achievement of the school's pupil performance standards, |
the
timeline for achievement of those standards, and the | ||
procedures for taking
corrective action in the event that | ||
pupil performance at the charter school
falls below those | ||
standards.
| ||
(9) Evidence that the terms of the charter as proposed | ||
are economically
sound
for both the charter school and the | ||
school district, a proposed budget for the
term of the | ||
charter, a description of the manner in which an annual
| ||
audit of the financial and administrative operations of the | ||
charter school,
including any services provided by the | ||
school district, are to be conducted,
and
a plan for the | ||
displacement of pupils, teachers, and other employees who | ||
will
not attend or be employed in the charter school.
| ||
(10) A description of the governance and operation of | ||
the charter school,
including the nature and extent of | ||
parental, professional educator, and
community involvement | ||
in the governance and operation of the charter school.
| ||
(11) An explanation of the relationship that will exist | ||
between the
charter school and its employees, including | ||
evidence that the terms and
conditions of employment have | ||
been addressed with affected employees and their
| ||
recognized representative, if any. However, a bargaining | ||
unit of charter
school employees shall be separate and
| ||
distinct from any bargaining units formed from employees of | ||
a school district
in
which the charter school is located.
| ||
(12) An agreement between the parties regarding their |
respective
legal liability and applicable insurance | ||
coverage.
| ||
(13) A description of how the charter school plans to | ||
meet the
transportation needs of its pupils, and a plan for | ||
addressing the
transportation needs
of low-income and | ||
at-risk pupils.
| ||
(14) The proposed effective date and term of the | ||
charter; provided that
the
first day of the first academic | ||
year and the first day of the fiscal year
shall be no | ||
earlier than August 15 and no later than September 15 of a
| ||
calendar year.
| ||
(15) Any other information reasonably required by the | ||
State Board of
Education.
| ||
(b) A proposal to establish a charter school may be | ||
initiated by individuals
or organizations that will have
| ||
majority representation on the board of directors or other | ||
governing body of
the corporation or other discrete legal | ||
entity that is to be established to
operate the proposed | ||
charter school, by a board of education or an
intergovernmental | ||
agreement between or among boards of education, or by the
board | ||
of directors or other
governing body of a discrete legal entity | ||
already existing or established to
operate the proposed
charter | ||
school. The individuals or organizations referred to in this
| ||
subsection may be school teachers, school administrators, | ||
local school
councils, colleges or
universities or their | ||
faculty
members, public community colleges or their |
instructors or other
representatives, corporations, or other | ||
entities or their
representatives. The proposal shall be
| ||
submitted to the local school board for consideration and, if
| ||
appropriate, for
development of a proposed contract to be | ||
submitted to the State Board for
certification under
Section | ||
27A-6.
| ||
(c) The local school board may not without the consent of | ||
the governing body
of the charter school condition its approval | ||
of a charter school proposal on
acceptance of an agreement to | ||
operate under State laws and regulations and
local school board | ||
policies from which the charter school is otherwise exempted
| ||
under this Article.
| ||
(Source: P.A. 90-548, eff. 1-1-98; 91-405, eff. 8-3-99.)
| ||
(105 ILCS 5/27A-9)
| ||
Sec. 27A-9. Term of charter; renewal.
| ||
(a) A charter may be granted for a period not less than 5 | ||
and not
more than
10
school years. A charter may be renewed in | ||
incremental periods not to exceed
5
school years.
| ||
(b) A charter school renewal proposal submitted to the
| ||
local school board or the Commission, as the chartering entity,
| ||
shall contain:
| ||
(1) A report on the progress of the charter school in | ||
achieving the goals,
objectives, pupil performance | ||
standards, content standards, and other terms of
the | ||
initial approved charter proposal; and
|
(2) A financial statement that discloses the costs of | ||
administration,
instruction, and other spending categories | ||
for the charter school that is
understandable to the | ||
general public and that will allow comparison of those
| ||
costs to other schools or other comparable organizations, | ||
in a format required
by the State Board.
| ||
(c) A charter may be revoked
or not renewed if the local | ||
school board or the Commission, as the chartering
entity,
| ||
clearly demonstrates that the
charter school did any of the
| ||
following, or otherwise failed to comply with the requirements | ||
of this law:
| ||
(1) Committed a material violation of any of the | ||
conditions, standards, or
procedures set forth in the | ||
charter.
| ||
(2) Failed to meet or make reasonable progress toward | ||
achievement of the
content standards or pupil performance | ||
standards identified in the charter.
| ||
(3) Failed to meet generally accepted standards of | ||
fiscal management.
| ||
(4) Violated any provision of law from which the | ||
charter school was not
exempted.
| ||
In the case of revocation, the local school board or the | ||
Commission, as the chartering entity, shall notify the charter | ||
school in writing of the reason why the charter is subject to | ||
revocation. The charter school shall submit a written plan to | ||
the local school board or the Commission, whichever is |
applicable, to rectify the problem. The plan shall include a | ||
timeline for implementation, which shall not exceed 2 years or | ||
the date of the charter's expiration, whichever is earlier. If | ||
the local school board or the Commission, as the chartering | ||
entity, finds that the charter school has failed to implement | ||
the plan of remediation and adhere to the timeline, then the | ||
chartering entity shall revoke the charter. Except in | ||
situations of an emergency where the health, safety, or | ||
education of the charter school's students is at risk, the | ||
revocation shall take place at the end of a school year. | ||
Nothing in this amendatory Act of the 96th General Assembly | ||
shall be construed to prohibit an implementation timetable that | ||
is less than 2 years in duration. | ||
(d) (Blank).
| ||
(e) Notice of a local school board's decision to
deny, | ||
revoke or not to
renew a charter shall be provided to the | ||
Commission and the State Board.
The Commission may reverse a | ||
local board's
decision
if the Commission finds
that the charter | ||
school or charter school proposal (i) is in compliance with
| ||
this Article, and (ii) is in the best interests of the students | ||
it is designed
to serve.
The Commission State Board may | ||
condition the granting of an appeal on the acceptance by
the | ||
charter school of funding in an amount less than that requested | ||
in the
proposal submitted to the local school board.
Final | ||
decisions of the Commission shall be subject
to judicial review | ||
under the Administrative Review Law.
|
(f) Notwithstanding other provisions of this Article, if | ||
the Commission
on appeal reverses a local board's decision
or | ||
if a charter school is
approved by referendum,
the Commission
| ||
shall act as the
authorized chartering entity for the charter | ||
school.
The Commission shall
approve the charter and shall | ||
perform all functions
under this
Article otherwise performed by | ||
the local school
board. The State Board shall determine whether | ||
the charter proposal approved by the Commission is consistent | ||
with the provisions of this Article and, if the approved | ||
proposal complies, certify the proposal pursuant to this | ||
Article. The State Board shall
report the aggregate number of | ||
charter school pupils resident in a school
district to that | ||
district
and shall notify the district
of the amount of
funding | ||
to be paid by the State Board Commission to the charter school | ||
enrolling such
students.
The Commission shall require the
| ||
charter school to maintain accurate records of daily attendance | ||
that shall be
deemed sufficient to file claims under Section | ||
18-8.05 notwithstanding any
other requirements of that Section | ||
regarding hours of instruction and teacher
certification.
The | ||
State Board shall withhold from funds otherwise due the | ||
district
the funds authorized by this Article to be paid to the | ||
charter school and shall
pay such amounts to the charter | ||
school.
| ||
(g) For charter schools authorized by the Commission, the | ||
Commission shall quarterly certify to the State Board the | ||
student enrollment for each of its charter schools. |
(h) For charter schools authorized by the Commission, the | ||
State Board shall pay directly to a charter school any federal | ||
or State aid attributable to a student with a disability | ||
attending the school. | ||
(Source: P.A. 96-105, eff. 7-30-09; 97-152, eff. 7-20-11.)
| ||
(105 ILCS 5/27A-11)
| ||
Sec. 27A-11. Local financing.
| ||
(a) For purposes of the School Code, pupils enrolled in a | ||
charter school
shall be included in the pupil enrollment of the | ||
school district within which
the
pupil resides. Each charter | ||
school (i) shall determine the school district in
which each | ||
pupil who is enrolled in the charter school resides,
(ii) shall
| ||
report the aggregate number of pupils resident of a school | ||
district who are
enrolled in the charter school to the school | ||
district in which those pupils
reside, and (iii) shall maintain | ||
accurate records of daily attendance that
shall be deemed | ||
sufficient to file claims under Section 18-8 notwithstanding
| ||
any other requirements of that Section regarding hours of | ||
instruction and
teacher certification.
| ||
(b) Except for a charter school established by referendum | ||
under Section
27A-6.5, as part of a charter school contract, | ||
the charter school and the
local
school board shall agree on | ||
funding and any services to be provided by the
school district | ||
to the charter school.
Agreed funding that a charter school is | ||
to receive from the local school
board for a school year shall |
be paid in
equal quarterly installments with the payment of the
| ||
installment for the first quarter being made not later than | ||
July 1, unless the
charter establishes a different payment | ||
schedule.
| ||
All services centrally or otherwise provided by the school | ||
district
including, but not limited to, rent, food services, | ||
custodial services,
maintenance,
curriculum, media services, | ||
libraries, transportation, and warehousing shall be
subject to
| ||
negotiation between a charter school and the local school board | ||
and paid
for out
of the revenues negotiated pursuant to this | ||
subsection (b); provided that the
local school board shall not | ||
attempt, by negotiation or otherwise, to obligate
a charter | ||
school to provide pupil transportation for pupils for whom a | ||
district
is not required to provide transportation under the | ||
criteria set forth in
subsection (a)(13) of Section 27A-7.
| ||
In no event shall the funding be less than 75% or more than
| ||
125% of the
school district's per capita student tuition | ||
multiplied by
the
number of students residing in the district | ||
who are enrolled in the charter
school.
| ||
It is the intent of the General Assembly that funding and | ||
service agreements
under this subsection (b) shall be neither a | ||
financial incentive nor a
financial disincentive to the | ||
establishment of a charter school.
| ||
The charter school may set and collect reasonable fees. | ||
Fees collected
from students enrolled at a charter school shall | ||
be retained
by the charter school.
|
(c) Notwithstanding subsection (b) of this Section, the | ||
proportionate share
of State and federal resources generated by | ||
students with disabilities or staff
serving them shall be | ||
directed to charter schools enrolling those students by
their | ||
school districts or administrative units. The proportionate | ||
share of
moneys generated under other federal or State | ||
categorical aid programs shall be
directed to charter schools | ||
serving students eligible for that aid.
| ||
(d) The governing body of a charter school is authorized to | ||
accept
gifts,
donations, or grants of any kind made to the | ||
charter school and to expend or
use gifts, donations, or grants | ||
in accordance with the conditions prescribed by
the donor; | ||
however, a gift, donation, or grant may not be accepted by the
| ||
governing body if it is subject to any condition contrary to | ||
applicable law or
contrary
to the terms of the contract between | ||
the charter school and the local school
board. Charter schools | ||
shall be encouraged to solicit and utilize community
volunteer | ||
speakers and other instructional resources when providing | ||
instruction
on the Holocaust and other historical events.
| ||
(e) (Blank).
| ||
(f) The Commission State Board shall provide technical | ||
assistance to
persons and groups
preparing or revising charter | ||
applications.
| ||
(g) At the non-renewal or revocation of its charter, each
| ||
charter school
shall refund to the local board of education all | ||
unspent funds.
|
(h) A charter school is authorized to incur temporary, | ||
short
term debt to
pay operating expenses in anticipation of | ||
receipt of funds from the local
school board.
| ||
(Source: P.A. 90-548, eff. 1-1-98; 90-757, eff. 8-14-98; | ||
91-407, eff.
8-3-99.)
| ||
(105 ILCS 5/27A-11.5) | ||
Sec. 27A-11.5. State financing. The State Board of | ||
Education shall make
the following funds available to school | ||
districts and charter schools: | ||
(1) From a separate appropriation made to the State | ||
Board for purposes
of this subdivision (1), the State Board | ||
shall make transition impact aid
available to school | ||
districts that approve a new charter school or that have
| ||
funds withheld by the State Board to fund a new charter | ||
school that is
chartered by the Commission State Board . The | ||
amount of the aid shall equal 90% of the per
capita funding | ||
paid to the charter school during the first year of its | ||
initial
charter term, 65% of the per capita funding paid to | ||
the charter school during
the second year of its initial | ||
term, and 35% of the per capita funding paid to
the charter | ||
school during the third year of its initial term. This | ||
transition
impact aid shall be paid to the local school | ||
board in equal quarterly
installments, with the payment of | ||
the installment for the first quarter being
made by August | ||
1st immediately preceding the first, second, and third |
years of
the initial term. The district shall file an | ||
application for this aid with the
State Board in a format | ||
designated by the State Board. If the appropriation is
| ||
insufficient in any year to pay all approved claims, the | ||
impact aid shall be
prorated.
However, for fiscal year | ||
2004, the State Board of Education shall
pay approved | ||
claims only for charter schools with a valid charter | ||
granted
prior to June 1, 2003. If any funds remain after | ||
these claims have
been paid, then the State Board of | ||
Education may pay all other approved
claims on a pro rata | ||
basis.
Transition impact aid shall be paid beginning in the | ||
1999-2000
school year for charter schools that are in the | ||
first, second, or third year of
their initial term. | ||
Transition impact aid shall not be paid for any charter
| ||
school that is
proposed and created by one or more boards | ||
of education, as authorized under
the provisions of Public | ||
Act 91-405. | ||
(2) From a separate appropriation made for the purpose | ||
of this subdivision
(2), the State Board shall make grants | ||
to charter schools to pay their start-up
costs of acquiring | ||
educational materials and supplies, textbooks, electronic | ||
textbooks and the technological equipment necessary to | ||
gain access to and use electronic textbooks, furniture,
and | ||
other equipment needed during their initial term. The State | ||
Board shall
annually establish the time and manner of | ||
application for these grants, which
shall not exceed $250 |
per student enrolled in the charter school. | ||
(3) The Charter Schools Revolving Loan Fund is created | ||
as a special
fund in the State treasury. Federal funds, | ||
such other funds as may be made
available for costs | ||
associated with the establishment of charter schools in
| ||
Illinois, and amounts repaid by charter schools that have | ||
received a loan from
the Charter Schools Revolving Loan | ||
Fund shall be deposited into the Charter
Schools Revolving | ||
Loan Fund, and the moneys in the Charter Schools Revolving
| ||
Loan Fund shall be appropriated to the State Board and used | ||
to provide
interest-free loans to charter schools. These | ||
funds shall be used to pay
start-up costs of acquiring | ||
educational materials and supplies, textbooks, electronic | ||
textbooks and the technological equipment necessary to | ||
gain access to and use electronic textbooks,
furniture, and | ||
other equipment needed in the initial term of the charter | ||
school
and for acquiring and remodeling a suitable physical | ||
plant, within the initial
term of the charter school. Loans | ||
shall be limited to one loan per charter
school and shall | ||
not exceed $250 per student enrolled in the charter school. | ||
A
loan shall be repaid by the end of the initial term of | ||
the charter school.
The State Board may deduct amounts | ||
necessary to repay the loan from funds due
to the charter | ||
school or may require that the local school board that
| ||
authorized the charter school deduct such amounts from | ||
funds due the charter
school and remit these amounts to the |
State Board, provided that the local
school board shall not | ||
be responsible for repayment of the loan. The State
Board | ||
may use up to 3% of the appropriation to contract with a | ||
non-profit
entity to administer the loan program. | ||
(4) A charter school may apply for and receive, subject | ||
to the same
restrictions applicable to school districts, | ||
any grant administered by the
State Board that is available | ||
for school districts. | ||
(Source: P.A. 96-1403, eff. 7-29-10.) | ||
Section 10. The Vocational Education Act is amended by | ||
changing Section 2.1 as follows:
| ||
(105 ILCS 435/2.1) (from Ch. 122, par. 697.1)
| ||
Sec. 2.1. Gender Equity Advisory Committee.
| ||
(a) The Superintendent of
the State Board of Education | ||
shall appoint a Gender Equity
Advisory Committee of at least 9 | ||
members to advise and consult with the
State Board of Education | ||
and the gender
equity coordinator in all aspects relating to | ||
ensuring that all students have
equal educational | ||
opportunities to pursue high wage, high skill occupations
| ||
leading to economic self-sufficiency.
| ||
(b) Membership shall include without limitation one
| ||
regional gender equity coordinator,
2 State Board of Education | ||
employees, an appointee of the Director of Labor the
Department | ||
of Labor's Displaced
Homemaker Program
Manager , and 5 citizen |
appointees who have expertise in one
or more of the following | ||
areas:
nontraditional training and placement, service delivery | ||
to single parents, service delivery to
displaced homemakers, | ||
service delivery to female teens, business and
industry | ||
experience, and Education-to-Careers experience. Membership | ||
also may
include employees from the Department of Commerce and | ||
Economic Opportunity, the
Department of Human Services, and the | ||
Illinois Community College Board who
have expertise in one or | ||
more of the areas listed in this subsection (b) for
the citizen | ||
appointees. Appointments
shall be made taking into | ||
consideration expertise of services provided in
secondary, | ||
postsecondary and community based programs.
| ||
(c) Members shall initially be appointed to one year terms | ||
commencing in
January 1, 1990, and thereafter to two year terms | ||
commencing on January 1 of
each odd numbered year. Vacancies | ||
shall be filled as prescribed in
subsection (b) for the | ||
remainder of the unexpired term.
| ||
(d) Each newly appointed committee shall elect a Chair and | ||
Secretary
from its members. Members shall serve without | ||
compensation, but shall be
reimbursed for expenses incurred in | ||
the performance of their duties. The
Committee shall meet at | ||
least bi-annually and at other times at the call of
the Chair | ||
or at the request of the gender equity coordinator.
| ||
(Source: P.A. 94-793, eff. 5-19-06.)
| ||
(105 ILCS 5/2-3.70 rep.) |
(105 ILCS 5/18-8.1 rep.) | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Section 15. The School Code is amended by repealing | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Sections 2-3.70 and 18-8.1. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
(105 ILCS 215/Act rep.) | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Section 20. The Chicago Community Schools Study Commission | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Act is repealed. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
(105 ILCS 225/Act rep.) | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Section 25. The Education Cost-Effectiveness Agenda Act is | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
repealed. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
(105 ILCS 415/Act rep.) | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Section 30. The Conservation Education Act is repealed.
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Section 99. Effective date. This Act takes effect July 1, | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
2014.
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||