Public Act 098-0016
 
HB0494 EnrolledLRB098 03325 NHT 33340 b



    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 Section 
27A-5 as follows:
 


    (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. 96-104, eff. 1-1-10; 96-105, eff. 7-30-09; 
96-107, eff. 7-30-09; 96-734, eff. 8-25-09; 96-1000, eff. 
7-2-10; 97-152, eff. 7-20-11; 97-154, eff. 1-1-12; 97-813, eff. 
7-13-12.)

 

    Section 99. Effective date. This Act takes effect upon 
becoming law.