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