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91_SB0648sam001 LRB9105854NTsbam02 1 AMENDMENT TO SENATE BILL 648 2 AMENDMENT NO. . Amend Senate Bill 648 by replacing 3 the title with the following: 4 "AN ACT concerning charter schools, amending named 5 Acts."; and 6 by replacing everything after the enacting clause with the 7 following: 8 "Section 5. The State Finance Act is amended by adding 9 Section 5.490 as follows: 10 (30 ILCS 105/5.490 new) 11 Sec. 5.490. The Charter Schools Revolving Loan Fund. 12 Section 10. The School Code is amended by changing 13 Sections 27A-4, 27A-5, 27A-6, 27A-8, 27A-9, 27A-11, 27A-12, 14 and 29-4 and adding Sections 27A-6.5 and 27A-11.5 as follows: 15 (105 ILCS 5/27A-4) 16 Sec. 27A-4. General Provisions. 17 (a) The General Assembly does not intend to alter or 18 amend the provisions of any court-ordered desegregation plan 19 in effect for any school district. A charter school shall be -2- LRB9105854NTsbam02 1 subject to all federal and State laws and constitutional 2 provisions prohibiting discrimination on the basis of 3 disability, race, creed, color, gender, national origin, 4 religion, ancestry, marital status, or need for special 5 education services. 6 (b) The total number of charter schools operating under 7 this Article at any one time shall not exceed 45. Not more 8 thanthat15 charter schools shall operate at any one time in 9 any city having a population exceeding 500,000; not more than 10 15 charter schools shall operate at any one time in the 11 counties of DuPage, Kane, Lake, McHenry, Will, and that 12 portion of Cook County that is located outside a city having 13 a population exceeding 500,000; and not more than 15 charter 14 schools shall operate at any one time in the remainder of the 15 State. 16 For purposes of implementing this Section, the State 17 Board shall assign a number to each charter submission it 18 receives under Section 27A-6 for its review and 19 certification, based on the chronological order in which the 20 submission is received by it. The State Board shall promptly 21 notify local school boards when the maximum numbers of 22 certified charter schools authorized to operate have been 23 reached. 24 (c) No charter shall be granted under this Article that 25 would convert any existing private, parochial, or non-public 26 school to a charter school. 27 (d) Enrollment in a charter school shall be open to any 28 pupil who resides within the geographic boundaries of the 29 area served by the local school board.However, no more than3050% of the number of resident pupils enrolled in any one31grade in a school district with only a single attendance32center covering that grade may be enrolled in a charter33school at one time.34 (e) Nothing in this Article shall prevent 2 or more -3- LRB9105854NTsbam02 1 local school boards from jointly issuing a charter to a 2 single shared charter school, provided that all of the 3 provisions of this Article are met as to those local school 4 boards. 5 (f) No local school board shall require any employee of 6 the school district to be employed in a charter school. 7 (g) No local school board shall require any pupil 8 residing within the geographic boundary of its district to 9 enroll in a charter school. 10 (h) If there are more eligible applicants for enrollment 11 in a charter school than there are spaces available, 12 successful applicants shall be selected by lottery. However, 13 priority shall be given to siblings of pupils enrolled in the 14 charter school and to pupils who were enrolled in the charter 15 school the previous school year, unless expelled for cause. 16 Dual enrollment at both a charter school and a public school 17 or non-public school shall not be allowed. A pupil who is 18 suspended or expelled from a charter school shall be deemed 19 to be suspended or expelled from the public schools of the 20 school district in which the pupil resides. 21 (i) (Blank).No charter school established under this22Article may be authorized to open prior to the school year23beginning in the fall of 1996.24 (Source: P.A. 89-450, eff. 4-10-96; revised 2-24-98.) 25 (105 ILCS 5/27A-5) 26 Sec. 27A-5. Charter school; legal entity; requirements. 27 (a) A charter school shall be a public, nonsectarian, 28 nonreligious, non-home based, and non-profit school. A 29 charter school shall be organized and operated as a nonprofit 30 corporation or other discrete, legal, nonprofit entity 31 authorized under the laws of the State of Illinois. 32 (b) A charter school may be established under this 33 Article by creating a new school or by converting an existing -4- LRB9105854NTsbam02 1 public school or attendance center to charter school status. 2 (c) A charter school shall be administered and governed 3 by its board of directors or other governing body in the 4 manner provided in its charter. The governing body of a 5 charter school shall be subject to the Freedom of Information 6 Act and the Open Meetings Act. 7 (d) A charter school shall comply with all applicable 8 health and safety requirements applicable to public schools 9 under the laws of the State of Illinois. 10 (e) Except as otherwise provided in the School Code, a 11 charter school shall not charge tuition; provided that a 12 charter school may charge reasonable fees for textbooks, 13 instructional materials, and student activities. 14 (f) A charter school shall be responsible for the 15 management and operation of its fiscal affairs including, but 16 not limited to, the preparation of its budget. An audit of 17 each charter school's finances shall be conducted annually by 18 an outside, independent contractor retained by the charter 19 school. 20 (g) A charter school shall comply with all provisions of 21 this Article and its charter. A charter school is exempt 22 from all other State laws and regulations in the School Code 23 governing public schools and local school board policies, 24 except the following: 25 (1) Sections 10-21.9 and 34-18.5 of the School Code 26 regarding criminal background investigations of 27 applicants for employment; 28 (2) Sections 24-24 and 34-84A of the School Code 29 regarding discipline of students; 30 (3) The Local Governmental and Governmental 31 Employees Tort Immunity Act; 32 (4) Section 108.75 of the General Not For Profit 33 Corporation Act of 1986 regarding indemnification of 34 officers, directors, employees, and agents; -5- LRB9105854NTsbam02 1 (5) The Abused and Neglected Child Reporting Act; 2and3 (6) The Illinois School Student Records Act; and.4 (7) Section 10-17a of the School Code regarding 5 school report cards. 6 (h) A charter school may negotiate and contract with a 7 school district, the governing body of a State college or 8 university or public community college, or any other public 9 or for-profit or nonprofit private entity for: (i) the use of 10 a school building and grounds or any other real property or 11 facilities that the charter school desires to use or convert 12 for use as a charter school site, (ii) the operation and 13 maintenance thereof, and (iii) the provision of any service, 14 activity, or undertaking that the charter school is required 15 to perform in order to carry out the terms of its charter. 16 Except as provided in subsection (i) of this Section, a 17 school district may charge a charter school reasonable rent 18 for the use of the district's buildings, grounds, and 19 facilities. Any services for which a charter school 20 contracts with a school district shall be provided by the 21 district at cost. Any services for which a charter school 22 contracts with a local school board or with the governing 23 body of a State college or university or public community 24 college shall be provided by the public entity at cost. 25 (i) In no event shall a charter school that is 26 established by converting an existing school or attendance 27 center to charter school status be required to pay rent for 28 space that is deemed available, as negotiated and provided in 29 the charter agreement, in school district facilities. 30 However, all other costs for the operation and maintenance of 31 school district facilities that are used by the charter 32 school shall be subject to negotiation between the charter 33 school and the local school board and shall be set forth in 34 the charter. -6- LRB9105854NTsbam02 1 (j) A charter school may limit student enrollment by age 2 or grade level. 3 (Source: P.A. 89-450, eff. 4-10-96.) 4 (105 ILCS 5/27A-6) 5 Sec. 27A-6. Contract contents; applicability of laws and 6 regulations. 7 (a) A certified charter shall constitute a binding 8 contract and agreement between the charter school and a local 9 school board under the terms of which the local school board 10 authorizes the governing body of the charter school to 11 operate the charter school on the terms specified in the 12 contract. 13 (b) Notwithstanding any other provision of this Article, 14 the certified charter may not waive or release the charter 15 school from the State goals, standards, and assessments 16 established pursuant to Section 2-3.64. 17 (c) Subject to the provisions of subsection (e), a 18 material revision to a previously certified contract or a 19 renewal shall be made with the approval of both the local 20 school board and the governing body of the charter school. 21 (c-5) The proposed contract shall include a provision on 22 how both parties will address minor violations of the 23 contract. 24 (d) The proposed contract between the governing body of 25 a proposed charter school and the local school board as 26 described in Section 27A-7 must be submitted to and certified 27 by the State Board before it can take effect. If the State 28 Board recommends that the proposed contract be modified for 29 consistency with this Article before it can be certified, the 30 modifications must be consented to by both the governing body 31 of the charter school and the local school board, and 32 resubmitted to the State Board for its certification. If the 33 proposed contract is resubmitted in a form that is not -7- LRB9105854NTsbam02 1 consistent with this Article, the State Board may refuse to 2 certify the charter. 3 The State Board shall assign a number to each submission 4 or resubmission in chronological order of receipt, and shall 5 determine whether the proposed contract is consistent with 6 the provisions of this Article. If the proposed contract 7 complies, the State Board shall so certify. 8 (e) No material revision to a previously certified 9 contract or a renewal shall be effective unless and until the 10 State Board certifies that the revision or renewal is 11 consistent with the provisions of this Article. 12 (Source: P.A. 89-450, eff. 4-10-96.) 13 (105 ILCS 5/27A-6.5 new) 14 Sec. 27A-6.5. Charter school referendum. 15 (a) No charter shall be approved under this Section that 16 would convert any existing private, parochial, or non-public 17 school to a charter school or whose proposal has not been 18 certified by the State Board. 19 (b) A local school board shall, whenever petitioned to 20 do so by 5% or more of the voters of a school district or 21 districts identified in a charter school proposal, order 22 submitted to the voters thereof at a regularly scheduled 23 election the question of whether a new charter school shall 24 be established, which proposal has been certified by the 25 State Board to be in compliance with the provisions of this 26 Article, and the secretary shall certify the proposition to 27 the proper election authorities for submission in accordance 28 with the general election law. The proposition shall be in 29 substantially the following form: 30 "FOR the establishment of (name of proposed charter 31 school) under charter school proposal (charter school 32 proposal number). 33 AGAINST the establishment of (name of proposed -8- LRB9105854NTsbam02 1 charter school) under charter school proposal (charter 2 school proposal number)". 3 (c) Before circulating a petition to submit the question 4 of whether to establish a charter school to the voters under 5 subsection (b) of this Section, the governing body of a 6 proposed charter school that desires to establish a new 7 charter school by referendum shall simultaneously submit the 8 charter school proposal to the State Board and the local 9 school board in the form of a proposed contract to be entered 10 into between the State Board and the governing body of the 11 proposed charter school, as provided under Section 27A-6, 12 together with written notice of the intent to have a new 13 charter school established by referendum. The contract shall 14 comply with the provisions of this Article. The local school 15 board shall immediately provide written notification to the 16 governing body of the proposed charter school and to the 17 State Board of any portions of the contract that it finds 18 unacceptable, together with the reasons for its decision. 19 The notification shall be advisory only. 20 If the State Board finds that the proposed contract 21 complies with the provisions of this Article, it shall 22 immediately certify that the proposed contract complies with 23 the provisions of this Article and direct the local school 24 board to notify the proper election authorities that the 25 question of whether to establish a new charter school shall 26 be submitted for referendum. 27 (d) If the State Board finds that the proposal fails to 28 comply with the provisions of this Article, it shall refuse 29 to certify the proposal and provide written explanation, 30 detailing its reasons for refusal, to the local school board 31 and to the individuals or organizations submitting the 32 proposal. The State Board shall also notify the local school 33 board and the individuals or organizations submitting the 34 proposal that the proposal may be amended and resubmitted -9- LRB9105854NTsbam02 1 under the same provisions required for an original 2 submission. 3 (e) If a majority of the votes cast upon the proposition 4 in each school district designated in the charter school 5 proposal is in favor of establishing a charter school, the 6 local school board shall notify the State Board of the 7 passage of the proposition in favor of establishing a charter 8 school and the State Board shall approve the charter within 7 9 days after the State Board of Elections has certified that a 10 majority of the votes cast upon the proposition is in favor 11 of establishing a charter school. The State Board shall be 12 the chartering entity for charter schools established by 13 referendum under this Section. 14 (105 ILCS 5/27A-8) 15 Sec. 27A-8. Evaluation of charter proposals. 16 (a) This Section does not apply to a charter school 17 established by referendum under Section 27A-6.5. In 18 evaluating any charter school proposal submitted to it, the 19 local school board shall give preference to proposals that: 20 (1) demonstrate a high level of local pupil, 21 parental, community, business, and school personnel 22 support; 23 (2) set rigorous levels of expected pupil 24 achievement and demonstrate feasible plans for attaining 25 those levels of achievement; and 26 (3) are designed to enroll and serve a substantial 27 proportion of at-risk children; provided that nothing in 28 the Charter Schools Law shall be construed as intended to 29 limit the establishment of charter schools to those that 30 serve a substantial portion of at-risk children or to in 31 any manner restrict, limit, or discourage the 32 establishment of charter schools that enroll and serve 33 other pupil populations under a nonexclusive, -10- LRB9105854NTsbam02 1 nondiscriminatory admissions policy. 2 (b) In the case of a proposal to establish a charter 3 school by converting an existing public school or attendance 4 center to charter school status, evidence that the proposed 5 formation of the charter school has received majority support 6 from certified teachers and from parents and guardians in the 7 school or attendance center affected by the proposed charter, 8 and, if applicable, from a local school council, shall be 9 demonstrated by a petition in support of the charter school 10 signed by certified teachers and a petition in support of the 11 charter school signed by parents and guardians and, if 12 applicable, by a vote of the local school council held at a 13 public meeting. In the case of all other proposals to 14 establish a charter school, evidence of sufficient support to 15 fill the number of pupil seats set forth in the proposal may 16 be demonstrated by a petition in support of the charter 17 school signed by parents and guardians of students eligible 18 to attend the charter school. In all cases, the individuals, 19 organizations, or entities who initiate the proposal to 20 establish a charter school may elect, in lieu of including 21 any petition referred to in this subsection as a part of the 22 proposal submitted to the local school board, to demonstrate 23 that the charter school has received the support referred to 24 in this subsection by other evidence and information 25 presented at the public meeting that the local school board 26 is required to convene under this Section. 27 (c) Within 45 days of receipt of a charter school 28 proposal, the local school board shall convene a public 29 meeting to obtain information to assist the board in its 30 decision to grant or deny the charter school proposal. 31 (d) Notice of the public meeting required by this 32 Section shall be published in a community newspaper published 33 in the school district in which the proposed charter is 34 located and, if there is no such newspaper, then in a -11- LRB9105854NTsbam02 1 newspaper published in the county and having circulation in 2 the school district. The notices shall be published not more 3 than 10 days nor less than 5 days before the meeting and 4 shall state that information regarding a charter school 5 proposal will be heard at the meeting. Copies of the notice 6 shall also be posted at appropriate locations in the school 7 or attendance center proposed to be established as a charter 8 school, the public schools in the school district, and the 9 local school board office. 10 (e) Within 30 days of the public meeting, the local 11 school board shall vote, in a public meeting, to either grant 12 or deny the charter school proposal. 13 (f) Within 7 days of the public meeting required under 14 subsection (e), the local school board shall file a report 15 with the State Board granting or denying the proposal. Within 16 14 days of receipt of the local school board's report, the 17 State Board shall determine whether the approved charter 18 proposal is consistent with the provisions of this Article 19 and, if the approved proposal complies, certify the proposal 20 pursuant to Section 27A-6. 21 (Source: P.A. 89-450, eff. 4-10-96; 90-548, eff. 1-1-98.) 22 (105 ILCS 5/27A-9) 23 Sec. 27A-9. Term of charter; renewal. 24 (a) A charter may be granted for a period not less than 25 53and not more than 105school years. A charter may be 26 renewed in incremental periods not to exceed 5 school years. 27 (b) A charter school renewal proposal submitted to the 28 local school board or State Board, as the chartering entity, 29 shall contain: 30 (1) A report on the progress of the charter school 31 in achieving the goals, objectives, pupil performance 32 standards, content standards, and other terms of the 33 initial approved charter proposal; and -12- LRB9105854NTsbam02 1 (2) A financial statement that discloses the costs 2 of administration, instruction, and other spending 3 categories for the charter school that is understandable 4 to the general public and that will allow comparison of 5 those costs to other schools or other comparable 6 organizations, in a format required by the State Board. 7 (c) A charter may be revoked or not renewed if the local 8 school board or State Board, as the chartering entity, 9 clearly demonstrates that the charter school did any of the 10 following, or otherwise failed to comply with the 11 requirements of this law: 12 (1) Committed a material violation of any of the 13 conditions, standards, or procedures set forth in the 14 charter. 15 (2) Failed to meet or make reasonable progress 16 toward achievement of the content standards or pupil 17 performance standards identified in the charter. 18 (3) Failed to meet generally accepted standards of 19 fiscal management. 20 (4) Violated any provision of law from which the 21 charter school was not exempted. 22 (d) (Blank). 23 (e) Notice of a local school board's decision to deny, 24 revoke or not to renew a charter shall be provided to the 25 State Board. The State Board may reverse a local board's 26 decision if the State Board finds that the charter school or 27 charter school proposal (i) is in compliance with this 28 Article, and (ii) is in the best interests of the students it 29 is designed to serve. The State Board may condition the 30 granting of an appeal on the acceptance by the charter school 31 of funding in an amount less than that requested in the 32 proposal submitted to the local school board. Final decisions 33 of the State Board shall be subject to judicial review under 34 the Administrative Review Law. -13- LRB9105854NTsbam02 1 (f) Notwithstanding other provisions of this Article, if 2 the State Board on appeal reverses a local board's decision, 3 the State Board shall act as the authorized chartering entity 4 for the charter school. The State Board shall approve and 5 certify the charter and shall perform all functions under 6 this Article otherwise performed by the local school board. 7 The State Board shall report the aggregate number of charter 8 school pupils resident in a school district to that district 9 and shall notify the district of the amount of funding to be 10 paid by the State Board to the charter school enrolling such 11 students. The State Board shall withhold from funds 12 otherwise due the district the funds authorized by this 13 Article to be paid to the charter school and shall pay such 14 amounts to the charter school. 15 (Source: P.A. 89-450, eff. 4-10-96; 90-548, eff. 1-1-98.) 16 (105 ILCS 5/27A-11) 17 Sec. 27A-11. Local financing. 18 (a) For purposes of the School Code, pupils enrolled in 19 a charter school shall be included in the pupil enrollment of 20 the school district within which the pupil resides. Each 21 charter school (i) shall determine the school district in 22 which each pupil who is enrolled in the charter school 23 resides, (ii) shall report the aggregate number of pupils 24 resident of a school district who are enrolled in the charter 25 school to the school district in which those pupils reside, 26 and (iii) shall maintain accurate records of daily attendance 27 that shall be deemed sufficient to file claims under Section 28 18-8 notwithstanding any other requirements of that Section 29 regarding hours of instruction and teacher certification. 30 (b) Except for a charter school established by 31 referendum under Section 27A-6.5, as part of a charter school 32 contract, the charter school and the local school board shall 33 agree on funding and any services to be provided by the -14- LRB9105854NTsbam02 1 school district to the charter school. Agreed funding that a 2 charter school is to receive from the local school board for 3 a school year shall be paid in equal quarterly installments 4 with the payment of the installment for the first quarter 5 being made not later than July 1, unless the charter 6 establishes a different payment schedule. 7 All services centrally or otherwise provided by the 8 school district including, but not limited to, rent, food 9 services, custodial services, maintenance, curriculum, media 10 services, libraries, transportation, and warehousing shall be 11 subject to negotiation between a charter school and the local 12 school board and paid for out of the revenues negotiated 13 pursuant to this subsection (b); provided that the local 14 school board shall not attempt, by negotiation or otherwise, 15 to obligate a charter school to provide pupil transportation 16 for pupils for whom a district is not required to provide 17 transportation under the criteria set forth in subsection 18 (a)(13) of Section 27A-7. 19 In no event shall the funding be less than 75% or more 20 than 125% of the school district's per capita student tuition 21 multiplied by the number of students residing in the district 22 who are enrolled in the charter school. 23 It is the intent of the General Assembly that funding and 24 service agreements under this subsection (b) shall be neither 25 a financial incentive nor a financial disincentive to the 26 establishment of a charter school. 27 The charter school may set and collect reasonable fees. 28 Fees collected from students enrolled at a charter school 29 shall be retained by the charter school. 30 (c) Notwithstanding subsection (b) of this Section, the 31 proportionate share of State and federal resources generated 32 by students with disabilities or staff serving them shall be 33 directed to charter schools enrolling those students by their 34 school districts or administrative units. The proportionate -15- LRB9105854NTsbam02 1 share of moneys generated under other federal or State 2 categorical aid programs shall be directed to charter schools 3 serving students eligible for that aid. 4 (d)(1)The governing body of a charter school is 5 authorized to accept gifts, donations, or grants of any kind 6 made to the charter school and to expend or use gifts, 7 donations, or grants in accordance with the conditions 8 prescribed by the donor; however, a gift, donation, or grant 9 may not be accepted by the governing body if it is subject to 10 any condition contrary to applicable law or contrary to the 11 terms of the contract between the charter school and the 12 local school board. Charter schools shall be encouraged to 13 solicit and utilize community volunteer speakers and other 14 instructional resources when providing instruction on the 15 Holocaust and other historical events. 16(2) From amounts appropriated to the State Board for17purposes of this subsection (d)(2), the State Board may make18loans to charter schools established under this Article to be19used by those schools to defer their start-up costs of20acquiring textbooks and laboratory and other equipment21required for student instruction. Any such loan shall be made22to a charter school at the inception of the term of its23charter, under terms established by the State Board, and24shall be repaid by the charter school over the term of its25charter. A local school board is not responsible for the26repayment of the loan.27 (e) (Blank).No later than January 1, 1997, the State28Board shall issue a report to the General Assembly and the29Governor describing the charter schools certified under this30Article, their geographic locations, their areas of focus,31and the numbers of school children served by them.32 (f) The State Board shall provide technical assistance 33 to persons and groups preparing or revising charter 34 applications. -16- LRB9105854NTsbam02 1 (g) At the non-renewal or revocation of its charter, 2 each charter school shall refund to the local board of 3 education all unspent funds. 4 (h) A charter school is authorized to incur temporary, 5 short term debt to pay operating expenses in anticipation of 6 receipt of funds from the local school board. 7 (Source: P.A. 89-450, eff. 4-10-96; 90-548, eff. 1-1-98; 8 90-757, eff. 8-14-98.) 9 (105 ILCS 5/27A-11.5 new) 10 Sec. 27A-11.5. State financing. The State Board of 11 Education shall make the following funds available to school 12 districts and charter schools: 13 (1) From a separate appropriation made to the State 14 Board for purposes of this subdivision (1), the State 15 Board shall make transition impact aid available to 16 school districts that approve a new charter school or 17 that have funds withheld by the State Board to fund a new 18 charter school that is chartered by the State Board. The 19 amount of the aid shall equal 90% of the per capita 20 funding paid to the charter school during the first year 21 of its initial charter term, 65% of the per capita 22 funding paid to the charter school during the second year 23 of its initial term, and 35% of the per capita funding 24 paid to the charter school during the third year of its 25 initial term. This transition impact aid shall be paid 26 to the local school board in equal quarterly 27 installments, with the payment of the installment for the 28 first quarter being made by August 1st immediately 29 preceding the first, second, and third years of the 30 initial term. The district shall file an application for 31 this aid with the State Board in a format designated by 32 the State Board. If the appropriation is insufficient in 33 any year to pay all approved claims, the impact aid shall -17- LRB9105854NTsbam02 1 be prorated. 2 (2) From a separate appropriation made for the 3 purpose of this subdivision (2), the State Board shall 4 make grants to charter schools to pay their start-up 5 costs of acquiring educational materials and supplies, 6 textbooks, furniture, and other equipment needed during 7 their initial term. The State Board shall annually 8 establish the time and manner of application for these 9 grants, which shall not exceed $250 per student enrolled 10 in the charter school. 11 (3) The Charter Schools Revolving Loan Fund is 12 created as a special fund in the State treasury. Federal 13 funds, such other funds as may be made available for 14 costs associated with the establishment of charter 15 schools in Illinois, and amounts repaid by charter 16 schools that have received a loan from the Charter 17 Schools Revolving Loan Fund shall be deposited into the 18 Charter Schools Revolving Loan Fund, and the moneys in 19 the Charter Schools Revolving Loan Fund shall be 20 appropriated to the State Board and used to provide 21 interest-free loans to charter schools. These funds 22 shall be used to pay start-up costs of acquiring 23 educational materials and supplies, textbooks, furniture, 24 and other equipment needed in the initial term of the 25 charter school and for acquiring and remodeling a 26 suitable physical plant, within the initial term of the 27 charter school. Loans shall be limited to one loan per 28 charter school and shall not exceed $250 per student 29 enrolled in the charter school. A loan shall be repaid 30 by the end of the initial term of the charter school. 31 The State Board may deduct amounts necessary to repay the 32 loan from funds due to the charter school or may require 33 that the local school board that authorized the charter 34 school deduct such amounts from funds due the charter -18- LRB9105854NTsbam02 1 school and remit these amounts to the State Board, 2 provided that the local school board shall not be 3 responsible for repayment of the loan. 4 (4) A charter school must apply for and receive, 5 subject to the same restrictions applicable to school 6 districts, any grant administered by the State Board that 7 is available for school districts. 8 (105 ILCS 5/27A-12) 9 Sec. 27A-12. Evaluation; annual report. The State Board 10 shall compile annual evaluations of charter schools received 11 from local school boards and shall prepare an annual report 12 on charter schools.The State Board shall review information13regarding the regulations and policies from which charter14schools were released to determine if the exemption assisted15or impeded the charter schools in meeting their stated goals16and objectives. Each annual report shall include suggested17changes in State law necessary to strengthen or change18charter schools.19 On or before the second Wednesday of January, 1998, and 20 on or before the second Wednesday of January of each 21 subsequent calendar year, the State Board shall issue a 22 report to the General Assembly and the Governor on its 23 findings for the school year ending in the preceding calendar 24 year. 25 Inpreparingthe annual report required by this Section, 26 the State Board (i) shall compare the performance of charter 27 school pupils with the performance of ethnically and 28 economically comparable groups of pupils in other public 29 schools who are enrolled in academically comparable courses, 30 (ii) shall review information regarding the regulations and 31 policies from which charter schools were released to 32 determine if the exemptions assisted or impeded the charter 33 schools in meeting their stated goals and objectives, and -19- LRB9105854NTsbam02 1 (iii) shall include suggested changes in State law necessary 2 to strengthen charter schools. 3 In addition, the State Board shall undertake and report 4 on periodic evaluations of charter schools that include 5 evaluations of student academic achievement, the extent to 6 which charter schools are accomplishing their missions and 7 goals, the sufficiency of funding for charter schools, and 8 the need for changes in the approval process for charter 9 schools. 10 (Source: P.A. 89-450, eff. 4-10-96.) 11 (105 ILCS 5/29-4) (from Ch. 122, par. 29-4) 12 Sec. 29-4. Pupils attending a charter school or nonpublic 13other than a publicschool. The school board of any school 14 district that provides any school bus or conveyance for 15 transporting pupils to and from the public schools shall 16 afford transportation, without cost, for children who attend 17 a charter school or any school other than a public school, 18 who reside at least 1 1/2 miles from the school attended, and 19 who reside on or along the highway constituting the regular 20 route of such public school bus or conveyance, such 21 transportation to extend from some point on the regular route 22 nearest or most easily accessible to their homes to and from 23 the school attended, or to or from a point on such regular 24 route which is nearest or most easily accessible to the 25 school attended by such children. Nothing herein shall be 26 construed to prevent high school districts from transporting 27 public or non-public elementary school pupils on a regular 28 route where deemed appropriate. The elementary district in 29 which such pupils reside shall enter into a contractual 30 agreement with the high school district providing the 31 service, make payments accordingly, and make claims to the 32 State in the amount of such contractual payments. The person 33 in charge of any charter school or school other than a public -20- LRB9105854NTsbam02 1 school shall certify on a form to be provided by the State 2 Superintendent of Education, the names and addresses of 3 pupils transported and when such pupils were in attendance at 4 the school. If any such children reside within 1 1/2 miles 5 from the school attended, the school board shall afford such 6 transportation to such children on the same basis as it 7 provides transportation for its own pupils residing within 8 that distance from the school attended. 9 Nothing herein shall be construed to preclude a school 10 district from operating separate regular bus routes, subject 11 to the limitations of this Section, for the benefit of 12 children who attend a charter school or any school other than 13 a public school where the operation of such routes is safer, 14 more economical and more efficient than if such school 15 district were precluded from operating separate regular bus 16 routes. 17 If a school district is required by this Section to 18 afford transportation without cost for any child who is not a 19 resident of the district, the school district providing such 20 transportation is entitled to reimbursement from the school 21 district in which the child resides for the cost of 22 furnishing that transportation, including a reasonable 23 allowance for depreciation on each vehicle so used. The 24 school district where the child resides shall reimburse the 25 district providing the transportation for such costs, by the 26 10th of each month or on such less frequent schedule as may 27 be agreed to by the 2 school districts. 28 (Source: P.A. 81-1050.)".