101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB3538

 

Introduced , by Rep. Anne Stava-Murray

 

SYNOPSIS AS INTRODUCED:
 
105 ILCS 5/27-23.13 new
105 ILCS 5/27A-5

    Amends the School Code. Provides that, beginning with the 2020-2021 school year, each school district, nonpublic school, and charter school that maintains grade 9 must require all ninth grade students to take a one-time mental health course that includes information for students on how to detect signs of depression, how to ask for help with any mental health issues, and the resources available for those students who wish to seek assistance with mental health issues. Provides that the school board or governing body of the school shall determine the minimum amount of instructional time necessary to satisfy the course requirement. Requires the State Board of Education to prepare and make available to schools resource materials that may be used for the course. Makes a conforming change.


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FISCAL NOTE ACT MAY APPLY
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

 

 

A BILL FOR

 

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1    AN ACT concerning education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The School Code is amended by changing Section
527A-5 and by adding Section 27-23.13 as follows:
 
6    (105 ILCS 5/27-23.13 new)
7    Sec. 27-23.13. Mental health information course. Beginning
8with the 2020-2021 school year, each school district, nonpublic
9school, and charter school that maintains grade 9 must require
10all ninth grade students to take a one-time mental health
11course that includes information for students on how to detect
12signs of depression, how to ask for help with any mental health
13issues, and the resources available for those students who wish
14to seek assistance with mental health issues. The school board
15or governing body of the school shall determine the minimum
16amount of instructional time necessary to satisfy the
17requirement of this Section. The State Board of Education must
18prepare and make available to schools resource materials that
19may be used for the course under this Section.
20    
 
21    (105 ILCS 5/27A-5)
22    Sec. 27A-5. Charter school; legal entity; requirements.

 

 

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1    (a) A charter school shall be a public, nonsectarian,
2nonreligious, non-home based, and non-profit school. A charter
3school shall be organized and operated as a nonprofit
4corporation or other discrete, legal, nonprofit entity
5authorized under the laws of the State of Illinois.
6    (b) A charter school may be established under this Article
7by creating a new school or by converting an existing public
8school or attendance center to charter school status. Beginning
9on April 16, 2003 (the effective date of Public Act 93-3), in
10all new applications to establish a charter school in a city
11having a population exceeding 500,000, operation of the charter
12school shall be limited to one campus. The changes made to this
13Section by Public Act 93-3 do not apply to charter schools
14existing or approved on or before April 16, 2003 (the effective
15date of Public Act 93-3).
16    (b-5) In this subsection (b-5), "virtual-schooling" means
17a cyber school where students engage in online curriculum and
18instruction via the Internet and electronic communication with
19their teachers at remote locations and with students
20participating at different times.
21    From April 1, 2013 through December 31, 2016, there is a
22moratorium on the establishment of charter schools with
23virtual-schooling components in school districts other than a
24school district organized under Article 34 of this Code. This
25moratorium does not apply to a charter school with
26virtual-schooling components existing or approved prior to

 

 

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1April 1, 2013 or to the renewal of the charter of a charter
2school with virtual-schooling components already approved
3prior to April 1, 2013.
4    On or before March 1, 2014, the Commission shall submit to
5the General Assembly a report on the effect of
6virtual-schooling, including without limitation the effect on
7student performance, the costs associated with
8virtual-schooling, and issues with oversight. The report shall
9include policy recommendations for virtual-schooling.
10    (c) A charter school shall be administered and governed by
11its board of directors or other governing body in the manner
12provided in its charter. The governing body of a charter school
13shall be subject to the Freedom of Information Act and the Open
14Meetings Act.
15    (d) For purposes of this subsection (d), "non-curricular
16health and safety requirement" means any health and safety
17requirement created by statute or rule to provide, maintain,
18preserve, or safeguard safe or healthful conditions for
19students and school personnel or to eliminate, reduce, or
20prevent threats to the health and safety of students and school
21personnel. "Non-curricular health and safety requirement" does
22not include any course of study or specialized instructional
23requirement for which the State Board has established goals and
24learning standards or which is designed primarily to impart
25knowledge and skills for students to master and apply as an
26outcome of their education.

 

 

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1    A charter school shall comply with all non-curricular
2health and safety requirements applicable to public schools
3under the laws of the State of Illinois. On or before September
41, 2015, the State Board shall promulgate and post on its
5Internet website a list of non-curricular health and safety
6requirements that a charter school must meet. The list shall be
7updated annually no later than September 1. Any charter
8contract between a charter school and its authorizer must
9contain a provision that requires the charter school to follow
10the list of all non-curricular health and safety requirements
11promulgated by the State Board and any non-curricular health
12and safety requirements added by the State Board to such list
13during the term of the charter. Nothing in this subsection (d)
14precludes an authorizer from including non-curricular health
15and safety requirements in a charter school contract that are
16not contained in the list promulgated by the State Board,
17including non-curricular health and safety requirements of the
18authorizing local school board.
19    (e) Except as otherwise provided in the School Code, a
20charter school shall not charge tuition; provided that a
21charter school may charge reasonable fees for textbooks,
22instructional materials, and student activities.
23    (f) A charter school shall be responsible for the
24management and operation of its fiscal affairs including, but
25not limited to, the preparation of its budget. An audit of each
26charter school's finances shall be conducted annually by an

 

 

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1outside, independent contractor retained by the charter
2school. To ensure financial accountability for the use of
3public funds, on or before December 1 of every year of
4operation, each charter school shall submit to its authorizer
5and the State Board a copy of its audit and a copy of the Form
6990 the charter school filed that year with the federal
7Internal Revenue Service. In addition, if deemed necessary for
8proper financial oversight of the charter school, an authorizer
9may require quarterly financial statements from each charter
10school.
11    (g) A charter school shall comply with all provisions of
12this Article, the Illinois Educational Labor Relations Act, all
13federal and State laws and rules applicable to public schools
14that pertain to special education and the instruction of
15English learners, and its charter. A charter school is exempt
16from all other State laws and regulations in this Code
17governing public schools and local school board policies;
18however, a charter school is not exempt from the following:
19        (1) Sections 10-21.9 and 34-18.5 of this Code regarding
20    criminal history records checks and checks of the Statewide
21    Sex Offender Database and Statewide Murderer and Violent
22    Offender Against Youth Database of applicants for
23    employment;
24        (2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and
25    34-84a of this Code regarding discipline of students;
26        (3) the Local Governmental and Governmental Employees

 

 

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1    Tort Immunity Act;
2        (4) Section 108.75 of the General Not For Profit
3    Corporation Act of 1986 regarding indemnification of
4    officers, directors, employees, and agents;
5        (5) the Abused and Neglected Child Reporting Act;
6        (5.5) subsection (b) of Section 10-23.12 and
7    subsection (b) of Section 34-18.6 of this Code;
8        (6) the Illinois School Student Records Act;
9        (7) Section 10-17a of this Code regarding school report
10    cards;
11        (8) the P-20 Longitudinal Education Data System Act;
12        (9) Section 27-23.7 of this Code regarding bullying
13    prevention;
14        (10) Section 2-3.162 of this Code regarding student
15    discipline reporting;
16        (11) Sections 22-80 and 27-8.1 of this Code;
17        (12) Sections 10-20.60 and 34-18.53 of this Code;
18        (13) Sections 10-20.63 and 34-18.56 of this Code; and
19        (14) Section 26-18 of this Code; and
20        (15) Section 22-30 of this Code; and .
21        (16) Section 27-23.13 of this Code.
22    The change made by Public Act 96-104 to this subsection (g)
23is declaratory of existing law.
24    (h) A charter school may negotiate and contract with a
25school district, the governing body of a State college or
26university or public community college, or any other public or

 

 

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1for-profit or nonprofit private entity for: (i) the use of a
2school building and grounds or any other real property or
3facilities that the charter school desires to use or convert
4for use as a charter school site, (ii) the operation and
5maintenance thereof, and (iii) the provision of any service,
6activity, or undertaking that the charter school is required to
7perform in order to carry out the terms of its charter.
8However, a charter school that is established on or after April
916, 2003 (the effective date of Public Act 93-3) and that
10operates in a city having a population exceeding 500,000 may
11not contract with a for-profit entity to manage or operate the
12school during the period that commences on April 16, 2003 (the
13effective date of Public Act 93-3) and concludes at the end of
14the 2004-2005 school year. Except as provided in subsection (i)
15of this Section, a school district may charge a charter school
16reasonable rent for the use of the district's buildings,
17grounds, and facilities. Any services for which a charter
18school contracts with a school district shall be provided by
19the district at cost. Any services for which a charter school
20contracts with a local school board or with the governing body
21of a State college or university or public community college
22shall be provided by the public entity at cost.
23    (i) In no event shall a charter school that is established
24by converting an existing school or attendance center to
25charter school status be required to pay rent for space that is
26deemed available, as negotiated and provided in the charter

 

 

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1agreement, in school district facilities. However, all other
2costs for the operation and maintenance of school district
3facilities that are used by the charter school shall be subject
4to negotiation between the charter school and the local school
5board and shall be set forth in the charter.
6    (j) A charter school may limit student enrollment by age or
7grade level.
8    (k) If the charter school is approved by the Commission,
9then the Commission charter school is its own local education
10agency.
11(Source: P.A. 99-30, eff. 7-10-15; 99-78, eff. 7-20-15; 99-245,
12eff. 8-3-15; 99-325, eff. 8-10-15; 99-456, eff. 9-15-16;
1399-642, eff. 7-28-16; 99-927, eff. 6-1-17; 100-29, eff. 1-1-18;
14100-156, eff. 1-1-18; 100-163, eff. 1-1-18; 100-413, eff.
151-1-18; 100-468, eff. 6-1-18; 100-726, eff. 1-1-19; 100-863,
16eff. 8-14-18; revised 10-5-18.)