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Illinois General Assembly - Full Text of HB5097

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Full Text of HB5097

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HB5097 - 104th General Assembly

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House Amendment 001

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HB5097 Engrossed
LRB104 17494 LNS 30920 b
1

AN ACT concerning education.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

Section 5.
The School Code is amended by changing Section
5
27A-11 as follows:

6

(105 ILCS 5/27A-11)
7

Sec. 27A-11.
Local financing.
8

(a) For purposes of the School Code, pupils enrolled in a
9
charter school shall be included in the pupil enrollment of
10
the school district within which the pupil resides. Each
11
charter school (i) shall determine the school district in
12
which each pupil who is enrolled in the charter school
13
resides, (ii) shall report the aggregate number of pupils
14
resident of a school district who are enrolled in the charter
15
school to the school district in which those pupils reside,
16
and (iii) shall maintain accurate records of daily attendance
17
that shall be deemed sufficient to file claims under Section
18
18-8.15 notwithstanding any other requirements of that Section
19
regarding hours of instruction and teacher licensure.
20

(b) Except for a charter school established by referendum
21
under Section 27A-6.5, as part of a charter school contract,
22
the charter school and the local school board shall agree on
23
funding and any services to be provided by the school district

HB5097 Engrossed
- 2 -
LRB104 17494 LNS 30920 b
1
to the charter school. Agreed funding that a charter school is
2
to receive from the local school board for a school year shall
3
be paid in equal quarterly installments with the payment of
4
the installment for the first quarter being made not later
5
than July 1, unless the charter establishes a different
6
payment schedule. However, if a charter school dismisses a
7
pupil from the charter school after receiving a quarterly
8
payment, the charter school shall return to the school
9
district, on a quarterly basis, the prorated portion of public
10
funding provided for the education of that pupil for the time
11
the student is not enrolled at the charter school. Likewise,
12
if a pupil transfers to a charter school between quarterly
13
payments, the school district shall provide, on a quarterly
14
basis, a prorated portion of the public funding to the charter
15
school to provide for the education of that pupil.
16

For a charter school authorized by a local school board,
17
the amount of per capita tuition charge funding withheld by
18
the local school board as an administrative fee for the
19
purpose of conducting administrative duties related to the
20
administration of the charter school contract, oversight, or
21
authorizing services may not exceed 3% of the agreed funding,
22
and the amount withheld may not result in the charter school
23
receiving less than the minimum funding level required under
24
this subsection (b). Allowable uses for the administrative fee
25
are limited to direct authorizing functions, including charter
26
application review, contract negotiation, performance

HB5097 Engrossed
- 3 -
LRB104 17494 LNS 30920 b
1
monitoring, compliance oversight, site visits, financial and
2
governance review, renewal determinations, and required
3
reporting to the State Board. The administrative fee may not
4
be used for general district operations unrelated to charter
5
authorizing. Any portion of the administrative fee that is not
6
expended on allowable uses during the fiscal year shall be
7
returned to the charter school. The local school board shall
8
provide an annual public accounting to the charter school and
9
to the State Board detailing the amount collected as an
10
administrative fee, the allowable uses funded from the fee,
11
and the amount returned to the charter school from any
12
unexpended fee funds.

13

All services centrally or otherwise provided by the school
14
district including, but not limited to, rent, food services,
15
custodial services, maintenance, curriculum, media services,
16
libraries, transportation, and warehousing shall be subject to
17
negotiation between a charter school and the local school
18
board and paid for out of the revenues negotiated pursuant to
19
this subsection (b); provided that the local school board
20
shall not attempt, by negotiation or otherwise, to obligate a
21
charter school to provide pupil transportation for pupils for
22
whom a district is not required to provide transportation
23
under the criteria set forth in subsection (a)(13) of Section
24
27A-7.
25

In no event shall the funding be less than 97% or more than
26
103% of the school district's per capita student tuition

HB5097 Engrossed
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LRB104 17494 LNS 30920 b
1
multiplied by the number of students residing in the district
2
who are enrolled in the charter school.
3

It is the intent of the General Assembly that funding and
4
service agreements under this subsection (b) shall be neither
5
a financial incentive nor a financial disincentive to the
6
establishment of a charter school.
7

The charter school may set and collect reasonable fees.
8
Fees collected from students enrolled at a charter school
9
shall be retained by the charter school.
10

(c) Notwithstanding subsection (b) of this Section, the
11
proportionate share of State and federal resources generated
12
by students with disabilities or staff serving them shall be
13
directed to charter schools enrolling those students by their
14
school districts or administrative units. The proportionate
15
share of moneys generated under other federal or State
16
categorical aid programs shall be directed to charter schools
17
serving students eligible for that aid.
18

(d) The governing body of a charter school is authorized
19
to accept gifts, donations, or grants of any kind made to the
20
charter school and to expend or use gifts, donations, or
21
grants in accordance with the conditions prescribed by the
22
donor; however, a gift, donation, or grant may not be accepted
23
by the governing body if it is subject to any condition
24
contrary to applicable law or contrary to the terms of the
25
contract between the charter school and the local school
26
board. Charter schools shall be encouraged to solicit and

HB5097 Engrossed
- 5 -
LRB104 17494 LNS 30920 b
1
utilize community volunteer speakers and other instructional
2
resources when providing instruction on the Holocaust and
3
other historical events.
4

(e) (Blank).
5

(f) (Blank).
6

(g) At the non-renewal or revocation of its charter, each
7
charter school shall refund to the local board of education
8
all unspent funds.
9

(h) A charter school is authorized to incur temporary,
10
short term debt to pay operating expenses in anticipation of
11
receipt of funds from the local school board.
12
(Source: P.A. 103-175, eff. 6-30-23.)

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