Bill Text: IL HB5588 | 2013-2014 | 98th General Assembly | Enrolled

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the School Code. Provides that waivers may not be requested from laws, rules, and regulations pertaining to educator licensure (currently, teacher certification). Provides that it is the duty of the State Board of Education to maintain a division of audits whose duty it shall be to establish a system to perform audits, on a sample basis, of all claims for state moneys relative to the public school system of Illinois. Deletes provisions regarding the comprehensive educational plan and replaces it with provisions that 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. Repeals a Section of the Code regarding alcohol and substance abuse education programs. Makes other changes to the Code. Amends the Charter Schools Law of the School Code. Provides that in all new applications (instead of in all new applications submitted to the State Board of Education or a school board) to establish a charter school in Chicago, operation shall be limited to one campus. Makes changes concerning charter school referendums, submission of charter school proposals, appeals, the payment of funding, the provision of technical assistance, and transition impact aid. Repeals the Chicago Community Schools Study Commission Act, the Education Cost-Effectiveness Agenda Act, and the Conservation Education Act. Effective July 1, 2014.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2014-07-16 - Public Act . . . . . . . . . 98-0739 [HB5588 Detail]

Download: Illinois-2013-HB5588-Enrolled.html

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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

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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

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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

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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

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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

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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

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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.

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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.

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(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)

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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,

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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,

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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

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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

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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

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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.

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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

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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

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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,

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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.

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(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.

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(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,

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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

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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

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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

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(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

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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.

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(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.

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(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

HB5588 Enrolled - 39 - LRB098 19778 OMW 54993 b
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.

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(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.

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(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

HB5588 Enrolled - 42 - LRB098 19778 OMW 54993 b
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

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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

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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

HB5588 Enrolled - 45 - LRB098 19778 OMW 54993 b
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.)

HB5588 Enrolled - 46 - LRB098 19778 OMW 54993 b
(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.
HB5588 Enrolled - 47 - LRB098 19778 OMW 54993 b
INDEX
Statutes amended in order of appearance