Bill Amendment: IL HB5097 | 2025-2026 | 104th General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: SCH CD-CHARTER SCH-ADMIN FEES

Status: 2026-04-17 - Rule 19(a) / Re-referred to Rules Committee [HB5097 Detail]

Download: Illinois-2025-HB5097-House_Amendment_001.html

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Rep. Angelica Guerrero-Cuellar

Filed: 3/20/2026

 

 

 

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AMENDMENT TO HOUSE BILL 5097
AMENDMENT NO. ______. Amend House Bill 5097 by replacing
everything after the enacting clause with the following:
"Section 5. The School Code is amended by changing Section
27A-11 as follows:
(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

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that shall be deemed sufficient to file claims under Section
18-8.15 notwithstanding any other requirements of that Section
regarding hours of instruction and teacher licensure.
(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
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. However, if a charter school dismisses a
pupil from the charter school after receiving a quarterly
payment, the charter school shall return to the school
district, on a quarterly basis, the prorated portion of public
funding provided for the education of that pupil for the time
the student is not enrolled at the charter school. Likewise,
if a pupil transfers to a charter school between quarterly
payments, the school district shall provide, on a quarterly
basis, a prorated portion of the public funding to the charter
school to provide for the education of that pupil.
For a charter school authorized by a local school board,
the amount of per capita tuition charge funding withheld by
the local school board as an administrative fee for the
purpose of conducting administrative duties related to the

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administration of the charter school contract, oversight, or
authorizing services may not exceed 3% of the agreed funding,
and the amount withheld may not result in the charter school
receiving less than the minimum funding level required under
this subsection (b). Allowable uses for the administrative fee
are limited to direct authorizing functions, including,
charter application review, contract negotiation, performance
monitoring, compliance oversight, site visits, financial and
governance review, renewal determinations, and required
reporting to the State Board. The administrative fee may not
be used for general district operations unrelated to charter
authorizing. Any portion of the administrative fee that is not
expended on allowable uses during the fiscal year shall be
returned to the charter school. The local school board shall
provide an annual public accounting to the charter school and
to the State Board detailing the amount collected as an
administrative fee, the allowable uses funded from the fee,
and the amount returned to the charter school from any
unexpended fee funds.
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

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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 97% or more than
103% 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.
(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

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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) (Blank).
(g) At the non-renewal or revocation of its charter, each
charter school shall refund to the local board of education
all unspent funds.
(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. 103-175, eff. 6-30-23.)".