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| | SB3473 Engrossed | | LRB103 36420 RJT 66522 b |
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| 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 adding Section |
| 5 | | 2-3.204 and by changing 27A-5 as follows: |
| 6 | | (105 ILCS 5/2-3.204 new) |
| 7 | | Sec. 2-3.204. Type 1 diabetes informational materials. |
| 8 | | (a) The State Board of Education, in coordination with the |
| 9 | | Department of Public Health, shall develop type 1 diabetes |
| 10 | | informational materials for the parents and guardians of |
| 11 | | students. The informational materials shall be made available |
| 12 | | to each school district and charter school on the State |
| 13 | | Board's Internet website. |
| 14 | | (b) On and after July 1, 2024, the school board of a school |
| 15 | | district and the governing body of a charter school shall make |
| 16 | | the type 1 diabetes informational materials developed under |
| 17 | | subsection (a) accessible to the parent or guardian of a |
| 18 | | student when the student is first enrolled in elementary |
| 19 | | school or in a school's student handbook. |
| 20 | | (c) Information provided to parents and guardians pursuant |
| 21 | | to this Section may include, but is not limited to, all of the |
| 22 | | following: |
| 23 | | (1) A description of type 1 diabetes. |
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| 1 | | (2) A description of the risk factors and warning |
| 2 | | signs associated with type 1 diabetes. |
| 3 | | (3) A recommendation regarding a student displaying |
| 4 | | warning signs associated with type 1 diabetes that the |
| 5 | | parent or guardian of the student should immediately |
| 6 | | consult with the student's primary care provider to |
| 7 | | determine if immediate screening for type 1 diabetes is |
| 8 | | appropriate. |
| 9 | | (4) A description of the screening process for type 1 |
| 10 | | diabetes and the implications of test results. |
| 11 | | (5) A recommendation that, following a type 1 diabetes |
| 12 | | diagnosis, the parent or guardian should consult with the |
| 13 | | student's primary care provider to develop an appropriate |
| 14 | | treatment plan, which may include consultation with and |
| 15 | | examination by a specialty care provider, including, but |
| 16 | | not limited to, a properly qualified endocrinologist. |
| 17 | | (105 ILCS 5/27A-5) |
| 18 | | (Text of Section before amendment by P.A. 102-466 and |
| 19 | | 103-472) |
| 20 | | Sec. 27A-5. Charter school; legal entity; requirements. |
| 21 | | (a) A charter school shall be a public, nonsectarian, |
| 22 | | nonreligious, non-home based, and non-profit school. A charter |
| 23 | | school shall be organized and operated as a nonprofit |
| 24 | | corporation or other discrete, legal, nonprofit entity |
| 25 | | authorized under the laws of the State of Illinois. |
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| 1 | | (b) A charter school may be established under this Article |
| 2 | | by creating a new school or by converting an existing public |
| 3 | | school or attendance center to charter school status. In all |
| 4 | | new applications to establish a charter school in a city |
| 5 | | having a population exceeding 500,000, operation of the |
| 6 | | charter school shall be limited to one campus. This limitation |
| 7 | | does not apply to charter schools existing or approved on or |
| 8 | | before April 16, 2003. |
| 9 | | (b-5) (Blank). |
| 10 | | (c) A charter school shall be administered and governed by |
| 11 | | its board of directors or other governing body in the manner |
| 12 | | provided in its charter. The governing body of a charter |
| 13 | | school shall be subject to the Freedom of Information Act and |
| 14 | | the Open Meetings Act. A charter school's board of directors |
| 15 | | or other governing body must include at least one parent or |
| 16 | | guardian of a pupil currently enrolled in the charter school |
| 17 | | who may be selected through the charter school or a charter |
| 18 | | network election, appointment by the charter school's board of |
| 19 | | directors or other governing body, or by the charter school's |
| 20 | | Parent Teacher Organization or its equivalent. |
| 21 | | (c-5) No later than January 1, 2021 or within the first |
| 22 | | year of his or her first term, every voting member of a charter |
| 23 | | school's board of directors or other governing body shall |
| 24 | | complete a minimum of 4 hours of professional development |
| 25 | | leadership training to ensure that each member has sufficient |
| 26 | | familiarity with the board's or governing body's role and |
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| 1 | | responsibilities, including financial oversight and |
| 2 | | accountability of the school, evaluating the principal's and |
| 3 | | school's performance, adherence to the Freedom of Information |
| 4 | | Act and the Open Meetings Act, and compliance with education |
| 5 | | and labor law. In each subsequent year of his or her term, a |
| 6 | | voting member of a charter school's board of directors or |
| 7 | | other governing body shall complete a minimum of 2 hours of |
| 8 | | professional development training in these same areas. The |
| 9 | | training under this subsection may be provided or certified by |
| 10 | | a statewide charter school membership association or may be |
| 11 | | provided or certified by other qualified providers approved by |
| 12 | | the State Board. |
| 13 | | (d) For purposes of this subsection (d), "non-curricular |
| 14 | | health and safety requirement" means any health and safety |
| 15 | | requirement created by statute or rule to provide, maintain, |
| 16 | | preserve, or safeguard safe or healthful conditions for |
| 17 | | students and school personnel or to eliminate, reduce, or |
| 18 | | prevent threats to the health and safety of students and |
| 19 | | school personnel. "Non-curricular health and safety |
| 20 | | requirement" does not include any course of study or |
| 21 | | specialized instructional requirement for which the State |
| 22 | | Board has established goals and learning standards or which is |
| 23 | | designed primarily to impart knowledge and skills for students |
| 24 | | to master and apply as an outcome of their education. |
| 25 | | A charter school shall comply with all non-curricular |
| 26 | | health and safety requirements applicable to public schools |
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| 1 | | under the laws of the State of Illinois. The State Board shall |
| 2 | | promulgate and post on its Internet website a list of |
| 3 | | non-curricular health and safety requirements that a charter |
| 4 | | school must meet. The list shall be updated annually no later |
| 5 | | than September 1. Any charter contract between a charter |
| 6 | | school and its authorizer must contain a provision that |
| 7 | | requires the charter school to follow the list of all |
| 8 | | non-curricular health and safety requirements promulgated by |
| 9 | | the State Board and any non-curricular health and safety |
| 10 | | requirements added by the State Board to such list during the |
| 11 | | term of the charter. Nothing in this subsection (d) precludes |
| 12 | | an authorizer from including non-curricular health and safety |
| 13 | | requirements in a charter school contract that are not |
| 14 | | contained in the list promulgated by the State Board, |
| 15 | | including non-curricular health and safety requirements of the |
| 16 | | authorizing local school board. |
| 17 | | (e) Except as otherwise provided in the School Code, a |
| 18 | | charter school shall not charge tuition; provided that a |
| 19 | | charter school may charge reasonable fees for textbooks, |
| 20 | | instructional materials, and student activities. |
| 21 | | (f) A charter school shall be responsible for the |
| 22 | | management and operation of its fiscal affairs, including, but |
| 23 | | not limited to, the preparation of its budget. An audit of each |
| 24 | | charter school's finances shall be conducted annually by an |
| 25 | | outside, independent contractor retained by the charter |
| 26 | | school. The contractor shall not be an employee of the charter |
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| 1 | | school or affiliated with the charter school or its authorizer |
| 2 | | in any way, other than to audit the charter school's finances. |
| 3 | | To ensure financial accountability for the use of public |
| 4 | | funds, on or before December 1 of every year of operation, each |
| 5 | | charter school shall submit to its authorizer and the State |
| 6 | | Board a copy of its audit and a copy of the Form 990 the |
| 7 | | charter school filed that year with the federal Internal |
| 8 | | Revenue Service. In addition, if deemed necessary for proper |
| 9 | | financial oversight of the charter school, an authorizer may |
| 10 | | require quarterly financial statements from each charter |
| 11 | | school. |
| 12 | | (g) A charter school shall comply with all provisions of |
| 13 | | this Article, the Illinois Educational Labor Relations Act, |
| 14 | | all federal and State laws and rules applicable to public |
| 15 | | schools that pertain to special education and the instruction |
| 16 | | of English learners, and its charter. A charter school is |
| 17 | | exempt from all other State laws and regulations in this Code |
| 18 | | governing public schools and local school board policies; |
| 19 | | however, a charter school is not exempt from the following: |
| 20 | | (1) Sections 10-21.9 and 34-18.5 of this Code |
| 21 | | regarding criminal history records checks and checks of |
| 22 | | the Statewide Sex Offender Database and Statewide Murderer |
| 23 | | and Violent Offender Against Youth Database of applicants |
| 24 | | for employment; |
| 25 | | (2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and |
| 26 | | 34-84a of this Code regarding discipline of students; |
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| 1 | | (3) the Local Governmental and Governmental Employees |
| 2 | | Tort Immunity Act; |
| 3 | | (4) Section 108.75 of the General Not For Profit |
| 4 | | Corporation Act of 1986 regarding indemnification of |
| 5 | | officers, directors, employees, and agents; |
| 6 | | (5) the Abused and Neglected Child Reporting Act; |
| 7 | | (5.5) subsection (b) of Section 10-23.12 and |
| 8 | | subsection (b) of Section 34-18.6 of this Code; |
| 9 | | (6) the Illinois School Student Records Act; |
| 10 | | (7) Section 10-17a of this Code regarding school |
| 11 | | report cards; |
| 12 | | (8) the P-20 Longitudinal Education Data System Act; |
| 13 | | (9) Section 27-23.7 of this Code regarding bullying |
| 14 | | prevention; |
| 15 | | (10) Section 2-3.162 of this Code regarding student |
| 16 | | discipline reporting; |
| 17 | | (11) Sections 22-80 and 27-8.1 of this Code; |
| 18 | | (12) Sections 10-20.60 and 34-18.53 of this Code; |
| 19 | | (13) Sections 10-20.63 and 34-18.56 of this Code; |
| 20 | | (14) Sections 22-90 and 26-18 of this Code; |
| 21 | | (15) Section 22-30 of this Code; |
| 22 | | (16) Sections 24-12 and 34-85 of this Code; |
| 23 | | (17) the Seizure Smart School Act; |
| 24 | | (18) Section 2-3.64a-10 of this Code; |
| 25 | | (19) Sections 10-20.73 and 34-21.9 of this Code; |
| 26 | | (20) Section 10-22.25b of this Code; |
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| 1 | | (21) Section 27-9.1a of this Code; |
| 2 | | (22) Section 27-9.1b of this Code; |
| 3 | | (23) Section 34-18.8 of this Code; |
| 4 | | (25) Section 2-3.188 of this Code; |
| 5 | | (26) Section 22-85.5 of this Code; |
| 6 | | (27) subsections (d-10), (d-15), and (d-20) of Section |
| 7 | | 10-20.56 of this Code; |
| 8 | | (28) Sections 10-20.83 and 34-18.78 of this Code; |
| 9 | | (29) Section 10-20.13 of this Code; |
| 10 | | (30) Section 28-19.2 of this Code; |
| 11 | | (31) Section 34-21.6 of this Code; and |
| 12 | | (32) Section 22-85.10 of this Code; and |
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| 13 | | (37) Section 2-3.204 of this Code. |
| 14 | | The change made by Public Act 96-104 to this subsection |
| 15 | | (g) is declaratory of existing law. |
| 16 | | (h) A charter school may negotiate and contract with a |
| 17 | | school district, the governing body of a State college or |
| 18 | | university or public community college, or any other public or |
| 19 | | for-profit or nonprofit private entity for: (i) the use of a |
| 20 | | school building and grounds or any other real property or |
| 21 | | facilities that the charter school desires to use or convert |
| 22 | | for use as a charter school site, (ii) the operation and |
| 23 | | maintenance thereof, and (iii) the provision of any service, |
| 24 | | activity, or undertaking that the charter school is required |
| 25 | | to perform in order to carry out the terms of its charter. |
| 26 | | Except as provided in subsection (i) of this Section, a school |
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| 1 | | district may charge a charter school reasonable rent for the |
| 2 | | use of the district's buildings, grounds, and facilities. Any |
| 3 | | services for which a charter school contracts with a school |
| 4 | | district shall be provided by the district at cost. Any |
| 5 | | services for which a charter school contracts with a local |
| 6 | | school board or with the governing body of a State college or |
| 7 | | university or public community college shall be provided by |
| 8 | | the public entity at cost. |
| 9 | | (i) In no event shall a charter school that is established |
| 10 | | by converting an existing school or attendance center to |
| 11 | | charter school status be required to pay rent for space that is |
| 12 | | deemed available, as negotiated and provided in the charter |
| 13 | | agreement, in school district facilities. However, all other |
| 14 | | costs for the operation and maintenance of school district |
| 15 | | facilities that are used by the charter school shall be |
| 16 | | subject to negotiation between the charter school and the |
| 17 | | local school board and shall be set forth in the charter. |
| 18 | | (j) A charter school may limit student enrollment by age |
| 19 | | or grade level. |
| 20 | | (k) If the charter school is authorized by the State |
| 21 | | Board, then the charter school is its own local education |
| 22 | | agency. |
| 23 | | (Source: P.A. 102-51, eff. 7-9-21; 102-157, eff. 7-1-22; |
| 24 | | 102-360, eff. 1-1-22; 102-445, eff. 8-20-21; 102-522, eff. |
| 25 | | 8-20-21; 102-558, eff. 8-20-21; 102-676, eff. 12-3-21; |
| 26 | | 102-697, eff. 4-5-22; 102-702, eff. 7-1-23; 102-805, eff. |
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| 1 | | 1-1-23; 102-813, eff. 5-13-22; 103-154, eff. 6-30-23; 103-175, |
| 2 | | eff. 6-30-23.) |
| 3 | | (Text of Section after amendment by P.A. 103-472 but |
| 4 | | before amendment by P.A. 102-466) |
| 5 | | Sec. 27A-5. Charter school; legal entity; requirements. |
| 6 | | (a) A charter school shall be a public, nonsectarian, |
| 7 | | nonreligious, non-home based, and non-profit school. A charter |
| 8 | | school shall be organized and operated as a nonprofit |
| 9 | | corporation or other discrete, legal, nonprofit entity |
| 10 | | authorized under the laws of the State of Illinois. |
| 11 | | (b) A charter school may be established under this Article |
| 12 | | by creating a new school or by converting an existing public |
| 13 | | school or attendance center to charter school status. In all |
| 14 | | new applications to establish a charter school in a city |
| 15 | | having a population exceeding 500,000, operation of the |
| 16 | | charter school shall be limited to one campus. This limitation |
| 17 | | does not apply to charter schools existing or approved on or |
| 18 | | before April 16, 2003. |
| 19 | | (b-5) (Blank). |
| 20 | | (c) A charter school shall be administered and governed by |
| 21 | | its board of directors or other governing body in the manner |
| 22 | | provided in its charter. The governing body of a charter |
| 23 | | school shall be subject to the Freedom of Information Act and |
| 24 | | the Open Meetings Act. A charter school's board of directors |
| 25 | | or other governing body must include at least one parent or |
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| 1 | | guardian of a pupil currently enrolled in the charter school |
| 2 | | who may be selected through the charter school or a charter |
| 3 | | network election, appointment by the charter school's board of |
| 4 | | directors or other governing body, or by the charter school's |
| 5 | | Parent Teacher Organization or its equivalent. |
| 6 | | (c-5) No later than January 1, 2021 or within the first |
| 7 | | year of his or her first term, every voting member of a charter |
| 8 | | school's board of directors or other governing body shall |
| 9 | | complete a minimum of 4 hours of professional development |
| 10 | | leadership training to ensure that each member has sufficient |
| 11 | | familiarity with the board's or governing body's role and |
| 12 | | responsibilities, including financial oversight and |
| 13 | | accountability of the school, evaluating the principal's and |
| 14 | | school's performance, adherence to the Freedom of Information |
| 15 | | Act and the Open Meetings Act, and compliance with education |
| 16 | | and labor law. In each subsequent year of his or her term, a |
| 17 | | voting member of a charter school's board of directors or |
| 18 | | other governing body shall complete a minimum of 2 hours of |
| 19 | | professional development training in these same areas. The |
| 20 | | training under this subsection may be provided or certified by |
| 21 | | a statewide charter school membership association or may be |
| 22 | | provided or certified by other qualified providers approved by |
| 23 | | the State Board. |
| 24 | | (d) For purposes of this subsection (d), "non-curricular |
| 25 | | health and safety requirement" means any health and safety |
| 26 | | requirement created by statute or rule to provide, maintain, |
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| 1 | | preserve, or safeguard safe or healthful conditions for |
| 2 | | students and school personnel or to eliminate, reduce, or |
| 3 | | prevent threats to the health and safety of students and |
| 4 | | school personnel. "Non-curricular health and safety |
| 5 | | requirement" does not include any course of study or |
| 6 | | specialized instructional requirement for which the State |
| 7 | | Board has established goals and learning standards or which is |
| 8 | | designed primarily to impart knowledge and skills for students |
| 9 | | to master and apply as an outcome of their education. |
| 10 | | A charter school shall comply with all non-curricular |
| 11 | | health and safety requirements applicable to public schools |
| 12 | | under the laws of the State of Illinois. The State Board shall |
| 13 | | promulgate and post on its Internet website a list of |
| 14 | | non-curricular health and safety requirements that a charter |
| 15 | | school must meet. The list shall be updated annually no later |
| 16 | | than September 1. Any charter contract between a charter |
| 17 | | school and its authorizer must contain a provision that |
| 18 | | requires the charter school to follow the list of all |
| 19 | | non-curricular health and safety requirements promulgated by |
| 20 | | the State Board and any non-curricular health and safety |
| 21 | | requirements added by the State Board to such list during the |
| 22 | | term of the charter. Nothing in this subsection (d) precludes |
| 23 | | an authorizer from including non-curricular health and safety |
| 24 | | requirements in a charter school contract that are not |
| 25 | | contained in the list promulgated by the State Board, |
| 26 | | including non-curricular health and safety requirements of the |
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| 1 | | authorizing local school board. |
| 2 | | (e) Except as otherwise provided in the School Code, a |
| 3 | | charter school shall not charge tuition; provided that a |
| 4 | | charter school may charge reasonable fees for textbooks, |
| 5 | | instructional materials, and student activities. |
| 6 | | (f) A charter school shall be responsible for the |
| 7 | | management and operation of its fiscal affairs, including, but |
| 8 | | not limited to, the preparation of its budget. An audit of each |
| 9 | | charter school's finances shall be conducted annually by an |
| 10 | | outside, independent contractor retained by the charter |
| 11 | | school. The contractor shall not be an employee of the charter |
| 12 | | school or affiliated with the charter school or its authorizer |
| 13 | | in any way, other than to audit the charter school's finances. |
| 14 | | To ensure financial accountability for the use of public |
| 15 | | funds, on or before December 1 of every year of operation, each |
| 16 | | charter school shall submit to its authorizer and the State |
| 17 | | Board a copy of its audit and a copy of the Form 990 the |
| 18 | | charter school filed that year with the federal Internal |
| 19 | | Revenue Service. In addition, if deemed necessary for proper |
| 20 | | financial oversight of the charter school, an authorizer may |
| 21 | | require quarterly financial statements from each charter |
| 22 | | school. |
| 23 | | (g) A charter school shall comply with all provisions of |
| 24 | | this Article, the Illinois Educational Labor Relations Act, |
| 25 | | all federal and State laws and rules applicable to public |
| 26 | | schools that pertain to special education and the instruction |
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| 1 | | of English learners, and its charter. A charter school is |
| 2 | | exempt from all other State laws and regulations in this Code |
| 3 | | governing public schools and local school board policies; |
| 4 | | however, a charter school is not exempt from the following: |
| 5 | | (1) Sections 10-21.9 and 34-18.5 of this Code |
| 6 | | regarding criminal history records checks and checks of |
| 7 | | the Statewide Sex Offender Database and Statewide Murderer |
| 8 | | and Violent Offender Against Youth Database of applicants |
| 9 | | for employment; |
| 10 | | (2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and |
| 11 | | 34-84a of this Code regarding discipline of students; |
| 12 | | (3) the Local Governmental and Governmental Employees |
| 13 | | Tort Immunity Act; |
| 14 | | (4) Section 108.75 of the General Not For Profit |
| 15 | | Corporation Act of 1986 regarding indemnification of |
| 16 | | officers, directors, employees, and agents; |
| 17 | | (5) the Abused and Neglected Child Reporting Act; |
| 18 | | (5.5) subsection (b) of Section 10-23.12 and |
| 19 | | subsection (b) of Section 34-18.6 of this Code; |
| 20 | | (6) the Illinois School Student Records Act; |
| 21 | | (7) Section 10-17a of this Code regarding school |
| 22 | | report cards; |
| 23 | | (8) the P-20 Longitudinal Education Data System Act; |
| 24 | | (9) Section 27-23.7 of this Code regarding bullying |
| 25 | | prevention; |
| 26 | | (10) Section 2-3.162 of this Code regarding student |
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| 1 | | discipline reporting; |
| 2 | | (11) Sections 22-80 and 27-8.1 of this Code; |
| 3 | | (12) Sections 10-20.60 and 34-18.53 of this Code; |
| 4 | | (13) Sections 10-20.63 and 34-18.56 of this Code; |
| 5 | | (14) Sections 22-90 and 26-18 of this Code; |
| 6 | | (15) Section 22-30 of this Code; |
| 7 | | (16) Sections 24-12 and 34-85 of this Code; |
| 8 | | (17) the Seizure Smart School Act; |
| 9 | | (18) Section 2-3.64a-10 of this Code; |
| 10 | | (19) Sections 10-20.73 and 34-21.9 of this Code; |
| 11 | | (20) Section 10-22.25b of this Code; |
| 12 | | (21) Section 27-9.1a of this Code; |
| 13 | | (22) Section 27-9.1b of this Code; |
| 14 | | (23) Section 34-18.8 of this Code; |
| 15 | | (25) Section 2-3.188 of this Code; |
| 16 | | (26) Section 22-85.5 of this Code; |
| 17 | | (27) subsections (d-10), (d-15), and (d-20) of Section |
| 18 | | 10-20.56 of this Code; |
| 19 | | (28) Sections 10-20.83 and 34-18.78 of this Code; |
| 20 | | (29) Section 10-20.13 of this Code; |
| 21 | | (30) Section 28-19.2 of this Code; |
| 22 | | (31) Section 34-21.6 of this Code; and |
| 23 | | (32) Section 22-85.10 of this Code; |
| 24 | | (33) Section 2-3.196 of this Code; |
| 25 | | (34) Section 22-95 of this Code; |
| 26 | | (35) Section 34-18.62 of this Code; and |
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| 1 | | (36) the Illinois Human Rights Act; and . |
| 2 | | (37) Section 2-3.204 of this Code. |
| 3 | | The change made by Public Act 96-104 to this subsection |
| 4 | | (g) is declaratory of existing law. |
| 5 | | (h) A charter school may negotiate and contract with a |
| 6 | | school district, the governing body of a State college or |
| 7 | | university or public community college, or any other public or |
| 8 | | for-profit or nonprofit private entity for: (i) the use of a |
| 9 | | school building and grounds or any other real property or |
| 10 | | facilities that the charter school desires to use or convert |
| 11 | | for use as a charter school site, (ii) the operation and |
| 12 | | maintenance thereof, and (iii) the provision of any service, |
| 13 | | activity, or undertaking that the charter school is required |
| 14 | | to perform in order to carry out the terms of its charter. |
| 15 | | Except as provided in subsection (i) of this Section, a school |
| 16 | | district may charge a charter school reasonable rent for the |
| 17 | | use of the district's buildings, grounds, and facilities. Any |
| 18 | | services for which a charter school contracts with a school |
| 19 | | district shall be provided by the district at cost. Any |
| 20 | | services for which a charter school contracts with a local |
| 21 | | school board or with the governing body of a State college or |
| 22 | | university or public community college shall be provided by |
| 23 | | the public entity at cost. |
| 24 | | (i) In no event shall a charter school that is established |
| 25 | | by converting an existing school or attendance center to |
| 26 | | charter school status be required to pay rent for space that is |
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| 1 | | deemed available, as negotiated and provided in the charter |
| 2 | | agreement, in school district facilities. However, all other |
| 3 | | costs for the operation and maintenance of school district |
| 4 | | facilities that are used by the charter school shall be |
| 5 | | subject to negotiation between the charter school and the |
| 6 | | local school board and shall be set forth in the charter. |
| 7 | | (j) A charter school may limit student enrollment by age |
| 8 | | or grade level. |
| 9 | | (k) If the charter school is authorized by the State |
| 10 | | Board, then the charter school is its own local education |
| 11 | | agency. |
| 12 | | (Source: P.A. 102-51, eff. 7-9-21; 102-157, eff. 7-1-22; |
| 13 | | 102-360, eff. 1-1-22; 102-445, eff. 8-20-21; 102-522, eff. |
| 14 | | 8-20-21; 102-558, eff. 8-20-21; 102-676, eff. 12-3-21; |
| 15 | | 102-697, eff. 4-5-22; 102-702, eff. 7-1-23; 102-805, eff. |
| 16 | | 1-1-23; 102-813, eff. 5-13-22; 103-154, eff. 6-30-23; 103-175, |
| 17 | | eff. 6-30-23; 103-472, eff. 8-1-24; revised 8-31-23.) |
| 18 | | (Text of Section after amendment by P.A. 102-466) |
| 19 | | Sec. 27A-5. Charter school; legal entity; requirements. |
| 20 | | (a) A charter school shall be a public, nonsectarian, |
| 21 | | nonreligious, non-home based, and non-profit school. A charter |
| 22 | | school shall be organized and operated as a nonprofit |
| 23 | | corporation or other discrete, legal, nonprofit entity |
| 24 | | authorized under the laws of the State of Illinois. |
| 25 | | (b) A charter school may be established under this Article |
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| 1 | | by creating a new school or by converting an existing public |
| 2 | | school or attendance center to charter school status. In all |
| 3 | | new applications to establish a charter school in a city |
| 4 | | having a population exceeding 500,000, operation of the |
| 5 | | charter school shall be limited to one campus. This limitation |
| 6 | | does not apply to charter schools existing or approved on or |
| 7 | | before April 16, 2003. |
| 8 | | (b-5) (Blank). |
| 9 | | (c) A charter school shall be administered and governed by |
| 10 | | its board of directors or other governing body in the manner |
| 11 | | provided in its charter. The governing body of a charter |
| 12 | | school shall be subject to the Freedom of Information Act and |
| 13 | | the Open Meetings Act. A charter school's board of directors |
| 14 | | or other governing body must include at least one parent or |
| 15 | | guardian of a pupil currently enrolled in the charter school |
| 16 | | who may be selected through the charter school or a charter |
| 17 | | network election, appointment by the charter school's board of |
| 18 | | directors or other governing body, or by the charter school's |
| 19 | | Parent Teacher Organization or its equivalent. |
| 20 | | (c-5) No later than January 1, 2021 or within the first |
| 21 | | year of his or her first term, every voting member of a charter |
| 22 | | school's board of directors or other governing body shall |
| 23 | | complete a minimum of 4 hours of professional development |
| 24 | | leadership training to ensure that each member has sufficient |
| 25 | | familiarity with the board's or governing body's role and |
| 26 | | responsibilities, including financial oversight and |
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| 1 | | accountability of the school, evaluating the principal's and |
| 2 | | school's performance, adherence to the Freedom of Information |
| 3 | | Act and the Open Meetings Act, and compliance with education |
| 4 | | and labor law. In each subsequent year of his or her term, a |
| 5 | | voting member of a charter school's board of directors or |
| 6 | | other governing body shall complete a minimum of 2 hours of |
| 7 | | professional development training in these same areas. The |
| 8 | | training under this subsection may be provided or certified by |
| 9 | | a statewide charter school membership association or may be |
| 10 | | provided or certified by other qualified providers approved by |
| 11 | | the State Board. |
| 12 | | (d) For purposes of this subsection (d), "non-curricular |
| 13 | | health and safety requirement" means any health and safety |
| 14 | | requirement created by statute or rule to provide, maintain, |
| 15 | | preserve, or safeguard safe or healthful conditions for |
| 16 | | students and school personnel or to eliminate, reduce, or |
| 17 | | prevent threats to the health and safety of students and |
| 18 | | school personnel. "Non-curricular health and safety |
| 19 | | requirement" does not include any course of study or |
| 20 | | specialized instructional requirement for which the State |
| 21 | | Board has established goals and learning standards or which is |
| 22 | | designed primarily to impart knowledge and skills for students |
| 23 | | to master and apply as an outcome of their education. |
| 24 | | A charter school shall comply with all non-curricular |
| 25 | | health and safety requirements applicable to public schools |
| 26 | | under the laws of the State of Illinois. The State Board shall |
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| 1 | | promulgate and post on its Internet website a list of |
| 2 | | non-curricular health and safety requirements that a charter |
| 3 | | school must meet. The list shall be updated annually no later |
| 4 | | than September 1. Any charter contract between a charter |
| 5 | | school and its authorizer must contain a provision that |
| 6 | | requires the charter school to follow the list of all |
| 7 | | non-curricular health and safety requirements promulgated by |
| 8 | | the State Board and any non-curricular health and safety |
| 9 | | requirements added by the State Board to such list during the |
| 10 | | term of the charter. Nothing in this subsection (d) precludes |
| 11 | | an authorizer from including non-curricular health and safety |
| 12 | | requirements in a charter school contract that are not |
| 13 | | contained in the list promulgated by the State Board, |
| 14 | | including non-curricular health and safety requirements of the |
| 15 | | authorizing local school board. |
| 16 | | (e) Except as otherwise provided in the School Code, a |
| 17 | | charter school shall not charge tuition; provided that a |
| 18 | | charter school may charge reasonable fees for textbooks, |
| 19 | | instructional materials, and student activities. |
| 20 | | (f) A charter school shall be responsible for the |
| 21 | | management and operation of its fiscal affairs, including, but |
| 22 | | not limited to, the preparation of its budget. An audit of each |
| 23 | | charter school's finances shall be conducted annually by an |
| 24 | | outside, independent contractor retained by the charter |
| 25 | | school. The contractor shall not be an employee of the charter |
| 26 | | school or affiliated with the charter school or its authorizer |
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| 1 | | in any way, other than to audit the charter school's finances. |
| 2 | | To ensure financial accountability for the use of public |
| 3 | | funds, on or before December 1 of every year of operation, each |
| 4 | | charter school shall submit to its authorizer and the State |
| 5 | | Board a copy of its audit and a copy of the Form 990 the |
| 6 | | charter school filed that year with the federal Internal |
| 7 | | Revenue Service. In addition, if deemed necessary for proper |
| 8 | | financial oversight of the charter school, an authorizer may |
| 9 | | require quarterly financial statements from each charter |
| 10 | | school. |
| 11 | | (g) A charter school shall comply with all provisions of |
| 12 | | this Article, the Illinois Educational Labor Relations Act, |
| 13 | | all federal and State laws and rules applicable to public |
| 14 | | schools that pertain to special education and the instruction |
| 15 | | of English learners, and its charter. A charter school is |
| 16 | | exempt from all other State laws and regulations in this Code |
| 17 | | governing public schools and local school board policies; |
| 18 | | however, a charter school is not exempt from the following: |
| 19 | | (1) Sections 10-21.9 and 34-18.5 of this Code |
| 20 | | regarding criminal history records checks and checks of |
| 21 | | the Statewide Sex Offender Database and Statewide Murderer |
| 22 | | and Violent Offender Against Youth Database of applicants |
| 23 | | for employment; |
| 24 | | (2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and |
| 25 | | 34-84a of this Code regarding discipline of students; |
| 26 | | (3) the Local Governmental and Governmental Employees |
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| 1 | | Tort Immunity Act; |
| 2 | | (4) Section 108.75 of the General Not For Profit |
| 3 | | Corporation Act of 1986 regarding indemnification of |
| 4 | | officers, directors, employees, and agents; |
| 5 | | (5) the Abused and Neglected Child Reporting Act; |
| 6 | | (5.5) subsection (b) of Section 10-23.12 and |
| 7 | | subsection (b) of Section 34-18.6 of this Code; |
| 8 | | (6) the Illinois School Student Records Act; |
| 9 | | (7) Section 10-17a of this Code regarding school |
| 10 | | report cards; |
| 11 | | (8) the P-20 Longitudinal Education Data System Act; |
| 12 | | (9) Section 27-23.7 of this Code regarding bullying |
| 13 | | prevention; |
| 14 | | (10) Section 2-3.162 of this Code regarding student |
| 15 | | discipline reporting; |
| 16 | | (11) Sections 22-80 and 27-8.1 of this Code; |
| 17 | | (12) Sections 10-20.60 and 34-18.53 of this Code; |
| 18 | | (13) Sections 10-20.63 and 34-18.56 of this Code; |
| 19 | | (14) Sections 22-90 and 26-18 of this Code; |
| 20 | | (15) Section 22-30 of this Code; |
| 21 | | (16) Sections 24-12 and 34-85 of this Code; |
| 22 | | (17) the Seizure Smart School Act; |
| 23 | | (18) Section 2-3.64a-10 of this Code; |
| 24 | | (19) Sections 10-20.73 and 34-21.9 of this Code; |
| 25 | | (20) Section 10-22.25b of this Code; |
| 26 | | (21) Section 27-9.1a of this Code; |
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| 1 | | (22) Section 27-9.1b of this Code; |
| 2 | | (23) Section 34-18.8 of this Code; |
| 3 | | (24) Article 26A of this Code; |
| 4 | | (25) Section 2-3.188 of this Code; |
| 5 | | (26) Section 22-85.5 of this Code; |
| 6 | | (27) subsections (d-10), (d-15), and (d-20) of Section |
| 7 | | 10-20.56 of this Code; |
| 8 | | (28) Sections 10-20.83 and 34-18.78 of this Code; |
| 9 | | (29) Section 10-20.13 of this Code; |
| 10 | | (30) Section 28-19.2 of this Code; |
| 11 | | (31) Section 34-21.6 of this Code; and |
| 12 | | (32) Section 22-85.10 of this Code; |
| 13 | | (33) Section 2-3.196 of this Code; |
| 14 | | (34) Section 22-95 of this Code; |
| 15 | | (35) Section 34-18.62 of this Code; and |
| 16 | | (36) the Illinois Human Rights Act; and . |
| 17 | | (37) Section 2-3.204 of this Code. |
| 18 | | The change made by Public Act 96-104 to this subsection |
| 19 | | (g) is declaratory of existing law. |
| 20 | | (h) A charter school may negotiate and contract with a |
| 21 | | school district, the governing body of a State college or |
| 22 | | university or public community college, or any other public or |
| 23 | | for-profit or nonprofit private entity for: (i) the use of a |
| 24 | | school building and grounds or any other real property or |
| 25 | | facilities that the charter school desires to use or convert |
| 26 | | for use as a charter school site, (ii) the operation and |
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| 1 | | maintenance thereof, and (iii) the provision of any service, |
| 2 | | activity, or undertaking that the charter school is required |
| 3 | | to perform in order to carry out the terms of its charter. |
| 4 | | Except as provided in subsection (i) of this Section, a school |
| 5 | | district may charge a charter school reasonable rent for the |
| 6 | | use of the district's buildings, grounds, and facilities. Any |
| 7 | | services for which a charter school contracts with a school |
| 8 | | district shall be provided by the district at cost. Any |
| 9 | | services for which a charter school contracts with a local |
| 10 | | school board or with the governing body of a State college or |
| 11 | | university or public community college shall be provided by |
| 12 | | the public entity at cost. |
| 13 | | (i) In no event shall a charter school that is established |
| 14 | | by converting an existing school or attendance center to |
| 15 | | charter school status be required to pay rent for space that is |
| 16 | | deemed available, as negotiated and provided in the charter |
| 17 | | agreement, in school district facilities. However, all other |
| 18 | | costs for the operation and maintenance of school district |
| 19 | | facilities that are used by the charter school shall be |
| 20 | | subject to negotiation between the charter school and the |
| 21 | | local school board and shall be set forth in the charter. |
| 22 | | (j) A charter school may limit student enrollment by age |
| 23 | | or grade level. |
| 24 | | (k) If the charter school is authorized by the State |
| 25 | | Board, then the charter school is its own local education |
| 26 | | agency. |
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| 1 | | (Source: P.A. 102-51, eff. 7-9-21; 102-157, eff. 7-1-22; |
| 2 | | 102-360, eff. 1-1-22; 102-445, eff. 8-20-21; 102-466, eff. |
| 3 | | 7-1-25; 102-522, eff. 8-20-21; 102-558, eff. 8-20-21; 102-676, |
| 4 | | eff. 12-3-21; 102-697, eff. 4-5-22; 102-702, eff. 7-1-23; |
| 5 | | 102-805, eff. 1-1-23; 102-813, eff. 5-13-22; 103-154, eff. |
| 6 | | 6-30-23; 103-175, eff. 6-30-23; 103-472, eff. 8-1-24; revised |
| 7 | | 8-31-23.) |
| 8 | | Section 95. No acceleration or delay. Where this Act makes |
| 9 | | changes in a statute that is represented in this Act by text |
| 10 | | that is not yet or no longer in effect (for example, a Section |
| 11 | | represented by multiple versions), the use of that text does |
| 12 | | not accelerate or delay the taking effect of (i) the changes |
| 13 | | made by this Act or (ii) provisions derived from any other |
| 14 | | Public Act. |
| 15 | | Section 99. Effective date. This Act takes effect upon |
| 16 | | becoming law. |