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91_HB4243
LRB9111661LDpk
1 AN ACT to amend the School Code by changing Section
2 27A-5.
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-5 as follows:
7 (105 ILCS 5/27A-5)
8 Sec. 27A-5. Charter school; legal entity; requirements.
9 (a) A charter school shall be a public, nonsectarian,
10 nonreligious, non-home based, and non-profit school. A
11 charter school shall be organized and operated as a nonprofit
12 corporation or other discrete, legal, nonprofit entity
13 authorized under the laws of this the State of Illinois.
14 (b) A charter school may be established under this
15 Article by creating a new school or by converting an existing
16 public school or attendance center to charter school status.
17 (c) A charter school shall be administered and governed
18 by its board of directors or other governing body in the
19 manner provided in its charter. The governing body of a
20 charter school shall be subject to the Freedom of Information
21 Act and the Open Meetings Act.
22 (d) A charter school shall comply with all applicable
23 health and safety requirements applicable to public schools
24 under the laws of the State of Illinois.
25 (e) Except as otherwise provided in the School Code, a
26 charter school shall not charge tuition; provided that a
27 charter school may charge reasonable fees for textbooks,
28 instructional materials, and student activities.
29 (f) A charter school shall be responsible for the
30 management and operation of its fiscal affairs including, but
31 not limited to, the preparation of its budget. An audit of
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1 each charter school's finances shall be conducted annually by
2 an outside, independent contractor retained by the charter
3 school.
4 (g) A charter school shall comply with all provisions of
5 this Article and its charter. A charter school is exempt
6 from all other State laws and regulations in the School Code
7 governing public schools and local school board policies,
8 except the following:
9 (1) Sections 10-21.9 and 34-18.5 of the School Code
10 regarding criminal background investigations of
11 applicants for employment;
12 (2) Sections 24-24 and 34-84A of the School Code
13 regarding discipline of students;
14 (3) The Local Governmental and Governmental
15 Employees Tort Immunity Act;
16 (4) Section 108.75 of the General Not For Profit
17 Corporation Act of 1986 regarding indemnification of
18 officers, directors, employees, and agents;
19 (5) The Abused and Neglected Child Reporting Act;
20 (6) The Illinois School Student Records Act; and
21 (7) Section 10-17a of the School Code regarding
22 school report cards.
23 (h) A charter school may negotiate and contract with a
24 school district, the governing body of a State college or
25 university or public community college, or any other public
26 or for-profit or nonprofit private entity for: (i) the use of
27 a school building and grounds or any other real property or
28 facilities that the charter school desires to use or convert
29 for use as a charter school site, (ii) the operation and
30 maintenance thereof, and (iii) the provision of any service,
31 activity, or undertaking that the charter school is required
32 to perform in order to carry out the terms of its charter.
33 Except as provided in subsection (i) of this Section, a
34 school district may charge a charter school reasonable rent
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1 for the use of the district's buildings, grounds, and
2 facilities. Any services for which a charter school
3 contracts with a school district shall be provided by the
4 district at cost. Any services for which a charter school
5 contracts with a local school board or with the governing
6 body of a State college or university or public community
7 college shall be provided by the public entity at cost.
8 (i) In no event shall a charter school that is
9 established by converting an existing school or attendance
10 center to charter school status be required to pay rent for
11 space that is deemed available, as negotiated and provided in
12 the charter agreement, in school district facilities.
13 However, all other costs for the operation and maintenance of
14 school district facilities that are used by the charter
15 school shall be subject to negotiation between the charter
16 school and the local school board and shall be set forth in
17 the charter.
18 (j) A charter school may limit student enrollment by age
19 or grade level.
20 (Source: P.A. 91-407, eff. 8-3-99.)