Public Act 100-0029
 
HB2369 EnrolledLRB100 08191 NHT 18287 b


  
    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 adding Sections 
10-20.60 and 34-18.53 and by changing Section 27A-5 as follows:
 
    (105 ILCS 5/10-20.60 new)
    Sec. 10-20.60. Breastfeeding accommodations for pupils.
    (a) Each public school shall provide reasonable 
accommodations to a lactating pupil on a school campus to 
express breast milk, breastfeed an infant child, or address 
other needs related to breastfeeding. Reasonable 
accommodations under this Section include, but are not limited 
to, all of the following:
        (1) Access to a private and secure room, other than a 
    restroom, to express breast milk or breastfeed an infant 
    child.
        (2) Permission to bring onto a school campus a breast 
    pump and any other equipment used to express breast milk.
        (3) Access to a power source for a breast pump or any 
    other equipment used to express breast milk.
        (4) Access to a place to store expressed breast milk 
    safely.
    (b) A lactating pupil on a school campus must be provided a 
reasonable amount of time to accommodate her need to express 
breast milk or breastfeed an infant child.
    (c) A public school shall provide the reasonable 
accommodations specified in subsections (a) and (b) of this 
Section only if there is at least one lactating pupil on the 
school campus.
    (d) A public school may use an existing facility to meet 
the requirements specified in subsection (a) of this Section.
    (e) A pupil may not incur an academic penalty as a result 
of her use, during the school day, of the reasonable 
accommodations specified in this Section and must be provided 
the opportunity to make up any work missed due to such use.
    (f) In instances where a student files a complaint of 
noncompliance with the requirements of this Section, the public 
school shall implement the grievance procedure of 23 Ill. Adm. 
Code 200, including appeals procedures.
 

    (105 ILCS 5/27A-5)

 
 
    (Text of Section before amendment by P.A. 99-927)
  
    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 April 16, 2003 (the effective date of Public Act 93-3), in 
all new
applications 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 Public Act 93-3 do not apply to charter schools 
existing or approved on or before April 16, 2003 (the
effective 
date of Public Act 93-3).
    (b-5)  In this subsection (b-5), "virtual-schooling" means 
a cyber school where students engage in online curriculum and 
instruction via the Internet and electronic communication with 
their teachers at remote locations and with students 
participating at different times. 
    From April 1, 2013 through December 31, 2016, 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

shall be subject to the Freedom of Information Act and the Open 
Meetings Act.

    (d) For purposes of this subsection (d), "non-curricular 
health and safety requirement" means any health and safety 
requirement created by statute or rule to provide, maintain, 
preserve, or safeguard safe or healthful conditions for 
students and school personnel or to eliminate, reduce, or 
prevent threats to the health and safety of  students and school 
personnel.  "Non-curricular health and safety requirement" does 
not include any course of study or specialized instructional 
requirement for which the State Board has established goals and 
learning standards or which is designed primarily to impart 
knowledge and skills for students to master and apply as an 
outcome of their education.
    A charter school shall comply with all non-curricular 
health and safety
requirements applicable to public schools 
under the laws of the State of
Illinois. On or before September 
1, 2015, the State Board shall promulgate and post on its 
Internet website a list of non-curricular health and safety 
requirements that a charter school must meet.  The list shall be 
updated annually no later than September 1.   Any charter 
contract between a charter school and its authorizer must 
contain a provision that requires the  charter school to follow 
the list of all non-curricular health and safety requirements 
promulgated by the State Board and any non-curricular health 
and safety requirements added by the State Board to such list 
during the term of the charter.   Nothing in this subsection (d) 
precludes an authorizer from including non-curricular health 
and safety requirements in a charter school contract that are 
not contained in the list promulgated by the State Board, 
including non-curricular health and safety requirements of the 
authorizing local school board. 

    (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. To ensure financial accountability for the use of 
public funds, on or before December 1 of every year of 
operation, each charter school shall submit to its authorizer 
and 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. In addition, if deemed necessary for 
proper financial oversight of the charter school, an authorizer 
may require quarterly financial statements from each charter 
school. 

    (g) A charter school shall comply with all provisions of 
this Article, the Illinois Educational Labor Relations Act, all 
federal and State laws and rules applicable to public schools 
that pertain to special education and the instruction of 
English learners, and
its charter.  A charter
school is exempt 
from all other State laws and regulations in this Code

governing public
schools and local school board policies; 
however, a charter school is not exempt from the following:

        (1) Sections 10-21.9 and 34-18.5 of this Code regarding 
    criminal
 history records checks and checks of the Statewide 
    Sex Offender Database and Statewide Murderer and Violent 
    Offender Against Youth Database of applicants for 
    employment;

        (2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and 
    34-84a of this 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 this Code regarding school report 
    cards;

        (8) the P-20 Longitudinal Education Data System Act;
        (9) Section 27-23.7 of this Code regarding bullying 
    prevention;
        (10) Section 2-3.162 of this Code regarding student 
    discipline reporting; and
        (11) Section 22-80 of this Code; and .
        (12) Sections 10-20.60 and 34-18.53 of this Code. 
    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.

However, a charter school
that is established on
or
after April 
16, 2003 (the effective date of Public Act 93-3) 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 April 16, 2003 (the

effective date of Public Act 93-3) 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 
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. 98-16, eff. 5-24-13; 98-639, eff. 6-9-14; 98-669, 
eff. 6-26-14; 98-739, eff. 7-16-14; 98-783, eff. 1-1-15; 
98-1059, eff. 8-26-14; 98-1102, eff. 8-26-14; 99-30, eff. 
7-10-15; 99-78, eff. 7-20-15; 99-245, eff. 8-3-15; 99-325, eff. 
8-10-15; 99-456, eff. 9-15-16; 99-642, eff. 7-28-16.)
 
    (Text of Section after amendment by P.A. 99-927)
  
    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 April 16, 2003 (the effective date of Public Act 93-3), in 
all new
applications 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 Public Act 93-3 do not apply to charter schools 
existing or approved on or before April 16, 2003 (the
effective 
date of Public Act 93-3).
    (b-5)  In this subsection (b-5), "virtual-schooling" means 
a cyber school where students engage in online curriculum and 
instruction via the Internet and electronic communication with 
their teachers at remote locations and with students 
participating at different times. 
    From April 1, 2013 through December 31, 2016, 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

shall be subject to the Freedom of Information Act and the Open 
Meetings Act.

    (d) For purposes of this subsection (d), "non-curricular 
health and safety requirement" means any health and safety 
requirement created by statute or rule to provide, maintain, 
preserve, or safeguard safe or healthful conditions for 
students and school personnel or to eliminate, reduce, or 
prevent threats to the health and safety of  students and school 
personnel.  "Non-curricular health and safety requirement" does 
not include any course of study or specialized instructional 
requirement for which the State Board has established goals and 
learning standards or which is designed primarily to impart 
knowledge and skills for students to master and apply as an 
outcome of their education.
    A charter school shall comply with all non-curricular 
health and safety
requirements applicable to public schools 
under the laws of the State of
Illinois. On or before September 
1, 2015, the State Board shall promulgate and post on its 
Internet website a list of non-curricular health and safety 
requirements that a charter school must meet.  The list shall be 
updated annually no later than September 1.   Any charter 
contract between a charter school and its authorizer must 
contain a provision that requires the  charter school to follow 
the list of all non-curricular health and safety requirements 
promulgated by the State Board and any non-curricular health 
and safety requirements added by the State Board to such list 
during the term of the charter.   Nothing in this subsection (d) 
precludes an authorizer from including non-curricular health 
and safety requirements in a charter school contract that are 
not contained in the list promulgated by the State Board, 
including non-curricular health and safety requirements of the 
authorizing local school board. 

    (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. To ensure financial accountability for the use of 
public funds, on or before December 1 of every year of 
operation, each charter school shall submit to its authorizer 
and 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. In addition, if deemed necessary for 
proper financial oversight of the charter school, an authorizer 
may require quarterly financial statements from each charter 
school. 

    (g) A charter school shall comply with all provisions of 
this Article, the Illinois Educational Labor Relations Act, all 
federal and State laws and rules applicable to public schools 
that pertain to special education and the instruction of 
English learners, and
its charter.  A charter
school is exempt 
from all other State laws and regulations in this Code

governing public
schools and local school board policies; 
however, a charter school is not exempt from the following:

        (1) Sections 10-21.9 and 34-18.5 of this Code regarding 
    criminal
 history records checks and checks of the Statewide 
    Sex Offender Database and Statewide Murderer and Violent 
    Offender Against Youth Database of applicants for 
    employment;

        (2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and 
    34-84a of this 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 this Code regarding school report 
    cards;

        (8) the P-20 Longitudinal Education Data System Act;
        (9) Section 27-23.7 of this Code regarding bullying 
    prevention;
        (10) Section 2-3.162 of this Code regarding student 
    discipline reporting; and
        (11) Sections 22-80 and 27-8.1 of this Code; and .
        (12) Sections 10-20.60 and 34-18.53 of this Code. 
    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.

However, a charter school
that is established on
or
after April 
16, 2003 (the effective date of Public Act 93-3) 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 April 16, 2003 (the

effective date of Public Act 93-3) 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 
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. 98-16, eff. 5-24-13; 98-639, eff. 6-9-14; 98-669, 
eff. 6-26-14; 98-739, eff. 7-16-14; 98-783, eff. 1-1-15; 
98-1059, eff. 8-26-14; 98-1102, eff. 8-26-14; 99-30, eff. 
7-10-15; 99-78, eff. 7-20-15; 99-245, eff. 8-3-15; 99-325, eff. 
8-10-15; 99-456, eff. 9-15-16; 99-642, eff. 7-28-16; 99-927, 
eff. 6-1-17.)
 
    (105 ILCS 5/34-18.53 new)
    Sec. 34-18.53. Breastfeeding accommodations for pupils.
    (a) Each public school shall provide reasonable 
accommodations to a lactating pupil on a school campus to 
express breast milk, breastfeed an infant child, or address 
other needs related to breastfeeding. Reasonable 
accommodations under this Section include, but are not limited 
to, all of the following:
        (1) Access to a private and secure room, other than a 
    restroom, to express breast milk or breastfeed an infant 
    child.
        (2) Permission to bring onto a school campus a breast 
    pump and any other equipment used to express breast milk.
        (3) Access to a power source for a breast pump or any 
    other equipment used to express breast milk.
        (4) Access to a place to store expressed breast milk 
    safely.
    (b) A lactating pupil on a school campus must be provided a 
reasonable amount of time to accommodate her need to express 
breast milk or breastfeed an infant child.
    (c) A public school shall provide the reasonable 
accommodations specified in subsections (a) and (b) of this 
Section only if there is at least one lactating pupil on the 
school campus.
    (d) A public school may use an existing facility to meet 
the requirements specified in subsection (a) of this Section.
    (e) A pupil may not incur an academic penalty as a result 
of her use, during the school day, of the reasonable 
accommodations specified in this Section and must be provided 
the opportunity to make up any work missed due to such use.
    (f) In instances where a student files a complaint of 
noncompliance with the requirements of this Section, the public 
school shall implement the grievance procedure of 23 Ill. Adm. 
Code 200, including appeals procedures.
  
 
    Section 95. No acceleration or delay. Where this Act makes 
changes in a statute that is represented in this Act by text 
that is not yet or no longer in effect (for example, a Section 
represented by multiple versions), the use of that text does 
not accelerate or delay the taking effect of (i) the changes 
made by this Act or (ii) provisions derived from any other 
Public Act.


Effective Date:  1/1/2018