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