HB1736 102ND GENERAL ASSEMBLY

LRB102 14083 CMG 19435 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB1736

Introduced 2/17/2021, by Rep. Kathleen Willis, Jehan Gordon-Booth, Lamont J. Robinson, Jr., Lakesia Collins, Edgar Gonzalez, Jr., et al.

SYNOPSIS AS INTRODUCED:

105 ILCS 5/10-23.13
105 ILCS 5/27-9.1a new
105 ILCS 5/27A-5
105 ILCS 5/34-18.8	from Ch. 122, par. 34-18.8
105 ILCS 5/27-9.1 rep.
105 ILCS 5/27-9.2 rep.
105 ILCS 5/27-11 rep.

Amends the School Code. Makes changes in the School Boards Article relating to policies addressing sexual abuse. In the Courses of Study Article, repeals the sex education, family life, and instruction on diseases provisions. Instead, sets forth comprehensive sex education requirements for course materials and instruction, requires the State Board of Education to post on its website comprehensive sex education resources for use in pre-kindergarten through the 12th grade, provides for school disclosure, parental requests, and notice, allows a school district to collaborate with a local public health department to identify and designate a qualified employee of the local public health department as the school district's point of contact for the purposes of responding to inquiries and comments about course instruction and materials, requires the State Board to develop, maintain, and make publicly available State standards, and provides for rulemaking. Makes changes in the Chicago School District Article concerning AIDS training. Effective immediately.

FISCAL NOTE ACT MAY APPLY

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

A BILL FOR

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 10-23.13, 27A-5, and 34-18.8 and by adding Section 27-9.1a as follows:

(105 ILCS 5/10-23.13)

Sec. 10-23.13. Policies addressing sexual abuse. Beginning no later than July 1, 2022, a school district shall To adopt and implement a policy addressing sexual abuse of children that shall may include age-appropriate curriculum for students in pre-K through 12th 5th grade; training for school personnel on child sexual abuse; educational information to parents or guardians provided in the school handbook on the warning signs of a child being abused, along with any needed assistance, referral, or resource information; available counseling and resources for students affected by sexual abuse; and emotional and educational support for a child of abuse to continue to be successful in school.

A Any policy adopted under this Section shall may address without limitation:

(1) methods for increasing teacher, student, and parent awareness of issues regarding sexual abuse of children, including knowledge of likely warning signs indicating that a child may be a victim of sexual abuse, and the provision of information on how to prevent child abuse from happening;

(1.5) training for school personnel, including, but not limited to, training pursuant to Section 10-22.39;

(2) options actions that a student child who is a victim of sexual abuse has should take to obtain assistance and intervention; and

(3) available counseling options for students affected by sexual abuse; and .

(4) methods for educating school personnel, students, and staff on how to report child abuse.

This Section may be referred to as Erin's Law.

(Source: P.A. 96-1524, eff. 2-14-11.)

(105 ILCS 5/27-9.1a new)

Sec. 27-9.1a. Responsible education for adolescent and children's health (REACH).

(a) This Section may be referred to as the REACH Law.

(b) The General Assembly finds all of the following:

(1) Sex education can encourage better sexual health outcomes, reduce stigmas, and prepare young people to lead healthy and fulfilling lives.

(2) Students who receive sex education that includes health-positive instruction on sexual orientation, gender identity, and gender expression report less bullying and harassment.

(3) Parents, the general public, and young people overwhelmingly support comprehensive sex education.

(4) Polling has found that 96% of parents support providing sex education in high school and 93% support sex education in middle school.

(5) The leading health and education organizations support sex education that includes information about both delaying sexual activity and the effective use of contraception.

(6) Students often lack the education and support needed to prevent unwanted or mistimed pregnancy, HIV, and other sexually transmitted infections, to develop healthy relationships, to plan for personal safety, and to develop decision-making skills.

(7) Schools have a responsibility to address child abuse, harassment, bullying, inter-personal violence, and personal safety issues, which can have a significant impact on a student's emotional and physical well-being and academic success.

It is the intent of the General Assembly that comprehensive sex education shall promote awareness and healthy attitudes about growth and development, body image, gender identity, gender expression, sexuality, sexual health, sexual orientation, consent, dating, relationships, and families; should be designed to promote positive behaviors and reduce health-related risk behaviors; and must be available to students in kindergarten through 12th grade and provide students with the information, skills, and support needed to acquire accurate information to make healthy decisions throughout their lives.

(c) In this Section:

"Abstinence" means to refrain from engaging in any sexual behavior or from engaging in specific sexual behavior, such as sexual intercourse, either continuously or periodically.

"Age and developmentally appropriate" means suitable for a particular age or age group of children and adolescents, based on the cognitive, emotional, and behavioral development typical of that age or age group.

"Characteristics of effective programs" means the aspects of evidence-based programs, including development, content, and the implementation of programs that have been shown to be effective in increasing knowledge, clarifying values and attitudes, increasing skills, and impacting behavior and are widely recognized by leading medical and public health agencies to be effective in changing sexual behaviors that lead to sexually transmitted infections, including HIV, unwanted or mistimed pregnancy, dating violence, and sexual violence among young people.

"Comprehensive sex education" means instruction in a comprehensive school health education approach that addresses the physical, mental, emotional, and social dimensions of human sexuality and is designed to motivate and assist students in maintaining and improving sexual health, preventing infection, and reducing sexual health-related risk behaviors and to enable and empower students to develop and demonstrate developmentally and culturally appropriate sexuality and sexual health-related knowledge, attitudes, skills, and practices.

"Consent" means knowing, affirmative, conscious, and voluntary agreement to engage in specific interpersonal, physical, or sexual activity at a given time.

"Culturally appropriate" means materials and instruction that are inclusive of the experiences and needs of communities of color, communities of all ethnic and cultural backgrounds, immigrant communities, people whose primary language is not English, people of diverse sexual orientations, gender identities, and gender expressions, people who are intersex, people with disabilities, people who have experienced sexual victimization, and people whose experiences have traditionally been left out of sexual health education, programs, and policies.

"Gender stereotype" means a generalized view or preconception about what attributes, characteristics, or roles are or ought to be taught, possessed by, or performed by people based on their gender identity.

"Human trafficking" means the recruitment, harboring, transportation, provision, obtaining, patronizing, or soliciting of a person for the purpose of labor, involuntary servitude, debt bondage, slavery, or a commercial sex act, which is induced by force, fraud, or coercion or in which the person induced has not attained 18 years of age.

"Inclusive" means a curriculum that ensures that students from marginalized communities that include, but are not limited to, communities of color, immigrant communities, people of diverse sexual orientations, gender identities, and gender expressions, people who are intersex, people with disabilities, people who have experienced sexual victimization, and others whose experiences have been traditionally left out of sex education programs and policies are included in classroom materials and lessons.

"Medically accurate and complete" means that the information provided through instruction is verified or supported by research conducted in compliance with accepted scientific methods and is published in peer-reviewed journals by the federal Centers for Disease Control and Prevention, the American Public Health Association, the American Academy of Pediatrics, and the American College of Obstetricians and Gynecologists, if applicable, or a program contains information that leading professional public health or medical organizations, government agencies, and scientific advisory groups with relevant expertise in the field recognize as accurate, objective, and complete and the program does not withhold information about external anatomy involved in sexual functioning or in the effectiveness and benefits of correct and consistent use of condoms and other contraceptives.

"Sexting" means the act of sending, sharing, receiving, or forwarding a sexually explicit or sexually suggestive image, video, or text message by a digital or electronic device, including, but not limited to, a mobile or cellular telephone or a computer.

"Sexual development" means the lifelong process of physical, behavioral, cognitive, and emotional growth and changes as it relates to an individual's sexuality and sexual maturation. "Sexual development" includes puberty, identity development, socio-cultural influences, and sexual behaviors.

"Sexual violence" means an act of a sexual nature that is committed or attempted by another person without the freely given consent of the victim or against someone who is unable to consent or refuse. "Sexual violence" includes acts of sexual harassment, sexual abuse, and sexual assault.

"Trauma informed" means to address vital information about sexuality and well-being that takes into consideration how adverse life experiences may potentially influence a person's well-being and decision making.

(d) Comprehensive sex education requirements for course materials and instruction under this Section are as follows:

(1) Beginning no later than July 1, 2022, comprehensive sex education shall do all of the following:

(A) Reflect the characteristics of effective programs.

(B) Use and implement curricula that is trauma informed.

(C) Use or adopt curricula, materials, and instruction that are inclusive and address the experiences and needs of all youth in the school. Instruction must be accessible to students with disabilities, and may include the use of a modified curriculum, materials, instruction in alternative formats, and auxiliary aids.

(D) Not discriminate on the basis of sex, race, ethnicity, national origin, disability, religion, gender expression, gender identity, or sexual orientation.

(E) Allow instructors to answer questions initiated by a student that are related to and consistent with the material of the course.

(F) Create a safe, inclusive, and culturally appropriate environment for all students to learn about and discuss personal health and healthy relationships.

(G) Comply with standards developed by the State Board of Education.

(2) Beginning no later than July 1, 2022, comprehensive sex education materials and instruction may not:

(A) use shame-based or stigmatizing language or instructional tools or stigmatize parenting or sexually active youth;

(B) stigmatize or further victimize students impacted by sexual violence;

(C) employ gender stereotypes;

(D) exclude the health needs of individuals who are intersex or individuals of diverse sexual orientations, gender identities, or gender expressions; or

(E) impose or promote any religious doctrine.

(3) Beginning no later than July 1, 2022, comprehensive sex education instruction and materials, including materials provided or presented by outside organizations, resource persons, or guest lecturers, may not conflict with the provisions of this Section. All guest lecturers and resource persons shall have expertise in comprehensive sex education consistent with the provisions of this Section.

(4) Beginning no later than July 1, 2022, a school district shall provide inclusive, medically accurate and complete, age and developmentally appropriate, and culturally appropriate comprehensive sex education in the 6th through 12th grades in all public schools. Comprehensive sex education in the 6th through 12th grades shall include age and developmentally appropriate instruction on all of the following topics:

(A) Human anatomy, reproduction, and sexual development, including, but not limited to, the following:

(i) physical, social, and emotional changes;

(ii) positive body image;

(iii) positive sexuality, including that there is a range of healthy sexual behaviors that are affirming and pleasurable;

(iv) the benefits of abstinence, behavioral changes, the use of barrier methods, medication, contraception, and sexually transmitted infection prevention measures, including, but not limited to, instruction that is related to how to effectively use condoms, barrier methods, and preventative medication to protect against sexually transmitted infections, including HIV, and to avoid pregnancy and how to effectively use each method;

(v) the relationship between substance use and sexual health and behaviors;

(vi) information about the rights of individuals to obtain reproductive and sexual health care; and

(vii) unbiased information and non-stigmatizing information about the options regarding pregnancy, including parenting, adoption, and abortion.

(B) Diverse sexual orientations, gender identities, and gender expressions, including affirmative representation and health-positive instruction.

(C) Gender-role stereotypes, including the potential harm and limitations of such stereotypes.

(D) Healthy relationships, including, but not limited to:

(i) affirming examples of diverse races, ethnicities, genders, sexual orientations, gender identities, gender expressions, and cultures;

(ii) distinguishing between healthy and unhealthy relationships;

(iii) the skills of critical thinking, problem solving, self-efficacy, exploring individual values and attitudes, and decision making about sexuality and relationships;

(iv) strategies for resisting peer pressure and for communicating in a positive manner; and

(v) affirmative recognition of the roles that traditions, values, norms, gender roles, acculturation, family structure, beliefs, and political power play in how students make decisions that affect their sexual health.

(E) Consent and how to give and receive consent, including a discussion that includes, but is not limited to, all of the following:

(i) That consent is a freely given agreement to sexual activity.

(ii) That consent to one particular sexual activity does not constitute consent to other types of sexual activities.

(iii) That a person's lack of verbal or physical resistance or submission resulting from the use or threat of force does not constitute consent.

(iv) That a person's manner of dress does not constitute consent.

(v) That a person's consent to past sexual activity does not constitute consent to future sexual activity.

(vi) That a person's consent to engage in sexual activity with one person does not constitute consent to engage in sexual activity with another person.

(vii) That a person can withdraw consent at any time.

(viii) That a person cannot consent to sexual activity if that person is unable to understand the nature of the activity or give knowing consent due to certain circumstances that include, but are not limited to:

(I) the person is incapacitated due to the use or influence of alcohol or drugs;

(II) the person is asleep or unconscious;

(III) the person is a minor; or

(IV) the person is incapacitated due to a mental disability.

(F) Personal safety, including, but not limited to, both of the following:

(i) Bullying, harassment, coercion, intimidation, violence, and abuse.

(ii) Information about interpersonal violence, sexual violence, and human trafficking. Information about human trafficking shall include both of the following:

(I) Information on the prevalence, nature, and strategies to reduce the risk of human trafficking, techniques to set healthy boundaries, and how to safely seek assistance.

(II) Information on how social media and mobile device applications are used for human trafficking.

(G) Information about the safe use of social media, dating or relationship websites or applications, and sexting, including:

(i) the possible consequences of sharing or forwarding sexually explicit or sexually suggestive photographs or images, videos, or text messages;

(ii) the identification of situations in which bullying or harassment may result as a consequence of using social media or dating applications or engaging in sexting;

(iii) the possible long-term legal, social, academic, and other consequences that may result from possessing or distributing sexual content;

(iv) the importance of using the Internet safely and how social media, dating applications, and sexting may pose a risk to personal safety; and

(v) the identification of individuals, including school personnel, community members, and parents, who may provide assistance with issues, concerns, or problems resulting from use of the Internet.

(H) Information about local resources where students can obtain additional information and confidential services related to bullying, interpersonal and sexual violence, suicide prevention, sexual and reproductive health, sexual orientation, gender identity, gender expression, and other related issues.

(I) Information about mandated reporting of abused and neglected children as required by the Abused and Neglected Child Reporting Act.

(J) Information concerning the Abandoned Newborn Infant Protection Act.

(K) Skills for effective communication with parents or guardians, health and social service professionals, other trusted adults, and peers about sexual health and relationships.

(L) Skills to explore the roles that race, ethnicity, immigration status, religious beliefs, disability status, sexual orientation, gender identity, gender expression, economic status, and language within different communities play in how students make decisions that affect their sexual health and relationships.

(5) Beginning no later than July 1, 2023, a school district shall provide inclusive, medically accurate and complete, age and developmentally appropriate, and culturally appropriate comprehensive sex education in the 3rd through 5th grades in all public schools. Comprehensive sex education in the 3rd through 5th grades shall include age and developmentally appropriate instruction on all of the following topics:

(A) Human anatomy and reproduction.

(B) Puberty, including the physical, social, and emotional changes that occur during puberty and adolescence.

(C) Positive body image.

(D) Personal hygiene.

(E) Information about diverse sexual orientations, gender identities, and gender expressions, including affirmative representation and health-positive instruction.

(F) Gender-role stereotypes.

(G) Healthy relationships, including family and friendships, and how to distinguish between healthy and unhealthy relationships.

(H) Consent.

(I) Personal safety, including, but not limited to, bullying, harassment, coercion, intimidation, violence, and abuse.

(J) Reliance on and communication with parents and trusted adults about issues related to puberty, developing healthy relationships, and personal safety.

(K) Internet safety, including discussion about the safe use and potential risks of social media, dating or relationship applications or websites, and texting. Discussion about the use of social media, dating applications, sexting, and other Internet-based methods of communicating in relationships shall include:

(i) the possible consequences of sharing or forwarding sexually explicit or sexually suggestive photographs or images, videos, or text messages;

(ii) the identification of situations in which bullying or harassment may result as a consequence of using social media and dating applications or engaging in sexting;

(iii) the possible long-term legal, social, academic, and other consequences that may result from possessing or distributing sexual content;

(iv) the importance of using the Internet safely and how social media, dating applications, and sexting may pose a risk to personal safety;

(v) the identification of individuals, including school personnel, community members, and parents, who may provide assistance with issues, concerns, or problems resulting from use of the Internet; and

(vi) the development of strategies for resisting peer pressure and for communicating in a positive manner.

(L) Information about interpersonal violence, sexual violence, and human trafficking. The information about human trafficking shall include both of the following:

(i) Information on the prevalence, nature, and strategies to reduce the risk of human trafficking, the techniques to set healthy boundaries, and how to safely seek assistance.

(ii) Information about how social media and mobile device applications are used for human trafficking.

(M) Information about local resources where students can obtain additional information and confidential services related to bullying, interpersonal and sexual violence, suicide prevention, sexual and reproductive health, sexual orientation, gender identity, gender expression, and other related issues.

(N) Information about mandated reporting of abused and neglected children as required by the Abused and Neglected Child Reporting Act.

(6) Beginning no later than July 1, 2023, a school district shall provide inclusive, medically accurate and complete, age and developmentally appropriate, and culturally appropriate comprehensive sex education in the 1st and 2nd grades and in kindergarten if kindergarten is offered by the school. Comprehensive sex education in kindergarten through 2nd grade shall include age and developmentally appropriate instruction on all of the following topics:

(A) Human anatomy.

(B) Gender roles.

(C) Diverse family structures.

(D) Healthy relationships.

(E) Personal bodily autonomy and the concept of consent.

(F) Bullying.

(G) How to promote personal safety, including reliance on and communication with parents and trusted adults.

(e) By no later than July 1, 2022, the State Board of Education shall post on its website comprehensive sex education resources that are inclusive, medically accurate and complete, age and developmentally appropriate, and culturally appropriate for use in pre-kindergarten through the 12th grade. Any comprehensive sex education offered to pre-kindergarten students shall be age and developmentally appropriate.

(f) School disclosure, parental requests, and notice are as follows:

(1) It is the intent of the General Assembly to:

(A) encourage pupils to communicate with their parents or guardians about human sexuality and health needs and to respect the rights of parents and guardians to supervise their children's education on these subjects;

(B) create a streamlined process to make it easier for parents and guardians to review materials and evaluation tools related to comprehensive sex education; and

(C) recognize that although parents and guardians overwhelmingly support medically accurate and complete, age and developmentally appropriate, and culturally appropriate comprehensive sex education, parents and guardians have the ultimate responsibility for imparting values regarding human sexuality to their children.

(2) A parent or guardian of a student has the right to excuse his or her child from all or a part of comprehensive sex education and assessments related to that education through a passive consent process. A school district may not require active parental consent for comprehensive sex education.

(3) A school district shall annually post information on its Internet website about any curricula used to provide comprehensive sex education, including:

(A) whether the instruction during the prior school year was provided by a teacher in the school, an outside organization, or a guest lecturer or resource person;

(B) the number of students who received the instruction during the prior school year;

(C) the number of students excused from instruction pursuant to this subsection (f) during the prior school year;

(D) the duration of instruction, including the number of hours of instruction per grade level during the prior school year; and

(E) the name and contact information, including an email address, of school personnel who can respond to inquiries and comments about the instruction and materials.

If any instruction is provided by an outside organization or guest lecturer or resource person, the school district shall specify the name of the outside organization or the guest lecturer or resource person and identify any organizations with which the guest lecturer or resource person may be affiliated.

If an Internet website is not available, the information must be provided in another format to school administrators, school board members, school personnel, parents, guardians, students, and the public.

(4) At the beginning of each school year or at the time of a student's enrollment, a school district shall notify the parent or guardian of each student about the instruction planned for the coming school year about comprehensive sex education and research on student health, behaviors, and risks. The notice shall do all of the following:

(A) Advise the parent or guardian that written and audiovisual educational materials used in comprehensive sex education, including materials used by an outside organization, guest lecturer, or resource person, are available for inspection both to the parent or guardian and to the public.

(B) Advise the parent or guardian whether the comprehensive sex education will be taught by school district personnel or by an outside organization, guest lecturer, or resource person. If comprehensive sex education is to be taught by an outside organization, guest lecturer, or resource person, the notice shall include the date of the instruction, the name of the organization or the affiliation of each guest speaker or resource person, and information stating the right of the parent or guardian to request a copy of the educational materials to be used. If arrangements for this instruction are made after the beginning of the school year, the notice shall be made by mail or another commonly used method of notification no fewer than 14 days before the instruction is delivered.

(C) Include information explaining the parent's or guardian's right to request a copy of this Section.

(D) Advise the parent or guardian that the parent or guardian has the right to excuse the student from comprehensive sex education and that, in order to excuse the student, the parent or guardian must submit his or her request in writing to the school district.

(E) State that a student will not be subject to disciplinary action, an academic penalty, or any other sanction if the student's parent or guardian requests the student not receive the instruction provided under this Section. If a student's parent or guardian requests that the student not receive the instruction provided under this Section, the school is encouraged to provide alternative assignments on a related topic.

(F) Identify the name and contact information, including an email address, of school personnel who can respond to inquiries and comments about the course instruction and materials.

(g) A school district may collaborate with a local public health department to identify and designate a qualified employee of the local public health department as the school district's point of contact for the purposes of responding to inquiries and comments about course instruction and materials under this Section.

(h) No later than July 1, 2022, the State Board of Education shall develop, maintain, and make publicly available State standards consistent with this Section that include, but are not limited to, the National Sex Education Standards as developed by the Future of Sex Education Initiative. In developing standards, the State Board shall engage and seek the advice and input of stakeholders, including, but not limited to, youth, parents, educators, social workers, sexual and interpersonal violence prevention experts, health care providers, and advocates.

(i) The State Board of Education shall adopt rules to implement, administer, and ensure compliance with this Section.

(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 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.

(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. No later than January 1, 2021 (one year after the effective date of Public Act 101-291) this amendatory Act of the 101st General Assembly, a charter school's board of directors or other governing body must include at least one parent or guardian of a pupil currently enrolled in the charter school who may be selected through the charter school or a charter network election, appointment by the charter school's board of directors or other governing body, or by the charter school's Parent Teacher Organization or its equivalent.

(c-5) No later than January 1, 2021 (one year after the effective date of Public Act 101-291) this amendatory Act of the 101st General Assembly or within the first year of his or her first term, every voting member of a charter school's board of directors or other governing body shall complete a minimum of 4 hours of professional development leadership training to ensure that each member has sufficient familiarity with the board's or governing body's role and responsibilities, including financial oversight and accountability of the school, evaluating the principal's and school's performance, adherence to the Freedom of Information Act and the Open Meetings Act Acts, and compliance with education and labor law. In each subsequent year of his or her term, a voting member of a charter school's board of directors or other governing body shall complete a minimum of 2 hours of professional development training in these same areas. The training under this subsection may be provided or certified by a statewide charter school membership association or may be provided or certified by other qualified providers approved by the State Board of Education.

(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;

(5.5) subsection (b) of Section 10-23.12 and subsection (b) of Section 34-18.6 of this Code;

(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;

(11) Sections 22-80 and 27-8.1 of this Code;

(12) Sections 10-20.60 and 34-18.53 of this Code;

(13) Sections 10-20.63 and 34-18.56 of this Code;

(14) Section 26-18 of this Code;

(15) Section 22-30 of this Code; and

(16) Sections 24-12 and 34-85 of this Code; .

(17) the (16) The Seizure Smart School Act; .

(18) Section 10-23.13 of this Code;

(19) Section 27-9.1a of this Code; and

(20) Section 34-18.8 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 State Board or Commission, then the charter school is its own local education agency.

(Source: P.A. 100-29, eff. 1-1-18; 100-156, eff. 1-1-18; 100-163, eff. 1-1-18; 100-413, eff. 1-1-18; 100-468, eff. 6-1-18; 100-726, eff. 1-1-19; 100-863, eff. 8-14-18; 101-50, eff. 7-1-20; 101-81, eff. 7-12-19; 101-291, eff. 1-1-20; 101-531, eff. 8-23-19; 101-543, eff. 8-23-19; revised 8-4-20.)

(105 ILCS 5/34-18.8) (from Ch. 122, par. 34-18.8)

Sec. 34-18.8. HIV AIDS training. School guidance counselors, nurses, teachers and other school personnel who work with pupils shall may be trained to have a basic knowledge of matters relating to human immunodeficiency virus (HIV) acquired immunodeficiency syndrome (AIDS), including the nature of the infection disease, its causes and effects, the means of detecting it and preventing its transmission, the availability of appropriate sources of counseling and referral, and any other medically accurate information that is age and developmentally appropriate for may be appropriate considering the age and grade level of such pupils. The Board of Education shall supervise such training. The State Board of Education and the Department of Public Health shall jointly develop standards for such training.

(Source: P.A. 86-900.)

(105 ILCS 5/27-9.1 rep.)

(105 ILCS 5/27-9.2 rep.)

(105 ILCS 5/27-11 rep.)

Section 10. The School Code is amended by repealing Sections 27-9.1, 27-9.2, and 27-11.

Section 99. Effective date. This Act takes effect upon becoming law.