Rep. Anne Stava-Murray

Filed: 2/28/2022

 

 


 

 


 
10200HB5552ham001LRB102 25516 RJT 37033 a

1
AMENDMENT TO HOUSE BILL 5552

2    AMENDMENT NO. ______. Amend House Bill 5552 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The School Code is amended by adding Section
522-94 and by changing Section 27A-5 as follows:
 
6    (105 ILCS 5/22-94 new)
7    Sec. 22-94. Protection from discipline sanctions for
8peaceful protests. A school district operating one or more
9high schools, a charter school, or a private secondary school
10shall not make or enforce a rule subjecting a high school
11student to disciplinary sanctions solely on the basis of
12engaging in peaceful protest off school grounds and outside of
13school hours. For purposes of this Section, school hours
14include the hours of the official school day, school-related
15activities or events, and travel to and from school or
16school-related activities or events.
 

 

 

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1    (105 ILCS 5/27A-5)
2    (Text of Section before amendment by P.A. 102-157 and P.A.
3102-466)
4    Sec. 27A-5. Charter school; legal entity; requirements.
5    (a) A charter school shall be a public, nonsectarian,
6nonreligious, non-home based, and non-profit school. A charter
7school shall be organized and operated as a nonprofit
8corporation or other discrete, legal, nonprofit entity
9authorized under the laws of the State of Illinois.
10    (b) A charter school may be established under this Article
11by creating a new school or by converting an existing public
12school or attendance center to charter school status.
13Beginning on April 16, 2003 (the effective date of Public Act
1493-3), in all new applications to establish a charter school
15in a city having a population exceeding 500,000, operation of
16the charter school shall be limited to one campus. The changes
17made to this Section by Public Act 93-3 do not apply to charter
18schools existing or approved on or before April 16, 2003 (the
19effective date of Public Act 93-3).
20    (b-5) In this subsection (b-5), "virtual-schooling" means
21a cyber school where students engage in online curriculum and
22instruction via the Internet and electronic communication with
23their teachers at remote locations and with students
24participating at different times.
25    From April 1, 2013 through December 31, 2016, there is a

 

 

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1moratorium on the establishment of charter schools with
2virtual-schooling components in school districts other than a
3school district organized under Article 34 of this Code. This
4moratorium does not apply to a charter school with
5virtual-schooling components existing or approved prior to
6April 1, 2013 or to the renewal of the charter of a charter
7school with virtual-schooling components already approved
8prior to April 1, 2013.
9    (c) A charter school shall be administered and governed by
10its board of directors or other governing body in the manner
11provided in its charter. The governing body of a charter
12school shall be subject to the Freedom of Information Act and
13the Open Meetings Act. No later than January 1, 2021 (one year
14after the effective date of Public Act 101-291), a charter
15school's board of directors or other governing body must
16include at least one parent or guardian of a pupil currently
17enrolled in the charter school who may be selected through the
18charter school or a charter network election, appointment by
19the charter school's board of directors or other governing
20body, or by the charter school's Parent Teacher Organization
21or its equivalent.
22    (c-5) No later than January 1, 2021 (one year after the
23effective date of Public Act 101-291) or within the first year
24of his or her first term, every voting member of a charter
25school's board of directors or other governing body shall
26complete a minimum of 4 hours of professional development

 

 

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1leadership training to ensure that each member has sufficient
2familiarity with the board's or governing body's role and
3responsibilities, including financial oversight and
4accountability of the school, evaluating the principal's and
5school's performance, adherence to the Freedom of Information
6Act and the Open Meetings Act, and compliance with education
7and labor law. In each subsequent year of his or her term, a
8voting member of a charter school's board of directors or
9other governing body shall complete a minimum of 2 hours of
10professional development training in these same areas. The
11training under this subsection may be provided or certified by
12a statewide charter school membership association or may be
13provided or certified by other qualified providers approved by
14the State Board of Education.
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
21school personnel. "Non-curricular health and safety
22requirement" does not include any course of study or
23specialized instructional requirement for which the State
24Board has established goals and learning standards or which is
25designed primarily to impart knowledge and skills for students
26to master and apply as an outcome 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
7be updated 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. The contractor shall not be an employee of the charter
3school or affiliated with the charter school or its authorizer
4in any way, other than to audit the charter school's finances.
5To ensure financial accountability for the use of public
6funds, on or before December 1 of every year of operation, each
7charter school shall submit to its authorizer and the State
8Board a copy of its audit and a copy of the Form 990 the
9charter school filed that year with the federal Internal
10Revenue Service. In addition, if deemed necessary for proper
11financial oversight of the charter school, an authorizer may
12require quarterly financial statements from each charter
13school.
14    (g) A charter school shall comply with all provisions of
15this Article, the Illinois Educational Labor Relations Act,
16all federal and State laws and rules applicable to public
17schools that pertain to special education and the instruction
18of English learners, and its charter. A charter school is
19exempt from all other State laws and regulations in this Code
20governing public schools and local school board policies;
21however, 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) Section 26-18 of this Code;
23        (15) Section 22-30 of this Code;
24        (16) Sections 24-12 and 34-85 of this Code; and
25        (17) the Seizure Smart School Act;
26        (18) Section 2-3.64a-10 of this Code; and

 

 

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1        (19) (18) Sections 10-20.73 and 34-21.9 of this Code; .
2        (20) (19) Section 10-22.25b of this Code; .
3        (21) (19) Section 27-9.1a of this Code;
4        (22) (20) Section 27-9.1b of this Code; and
5        (23) (21) Section 34-18.8 of this Code; .
6        (25) (19) Section 2-3.188 of this Code; and
7        (26) (20) Section 22-85.5 of this Code; and .
8        (27) Section 22-94 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
12school district, the governing body of a State college or
13university or public community college, or any other public or
14for-profit or nonprofit private entity for: (i) the use of a
15school building and grounds or any other real property or
16facilities that the charter school desires to use or convert
17for use as a charter school site, (ii) the operation and
18maintenance thereof, and (iii) the provision of any service,
19activity, or undertaking that the charter school is required
20to perform in order to carry out the terms of its charter.
21However, a charter school that is established on or after
22April 16, 2003 (the effective date of Public Act 93-3) and that
23operates in a city having a population exceeding 500,000 may
24not contract with a for-profit entity to manage or operate the
25school during the period that commences on April 16, 2003 (the
26effective date of Public Act 93-3) and concludes at the end of

 

 

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1the 2004-2005 school year. Except as provided in subsection
2(i) of this Section, a school district may charge a charter
3school reasonable rent for the use of the district's
4buildings, grounds, and facilities. Any services for which a
5charter school contracts with a school district shall be
6provided by the district at cost. Any services for which a
7charter school contracts with a local school board or with the
8governing body of a State college or university or public
9community college shall be provided by the public entity at
10cost.
11    (i) In no event shall a charter school that is established
12by converting an existing school or attendance center to
13charter school status be required to pay rent for space that is
14deemed available, as negotiated and provided in the charter
15agreement, in school district facilities. However, all other
16costs for the operation and maintenance of school district
17facilities that are used by the charter school shall be
18subject to negotiation between the charter school and the
19local school board and shall be set forth in the charter.
20    (j) A charter school may limit student enrollment by age
21or grade level.
22    (k) If the charter school is approved by the State Board or
23Commission, then the charter school is its own local education
24agency.
25(Source: P.A. 101-50, eff. 7-1-20; 101-81, eff. 7-12-19;
26101-291, eff. 1-1-20; 101-531, eff. 8-23-19; 101-543, eff.

 

 

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18-23-19; 101-654, eff. 3-8-21; 102-51, eff. 7-9-21; 102-360,
2eff. 1-1-22; 102-445, eff. 8-20-21; 102-522, eff. 8-20-21;
3102-558, eff. 8-20-21; 102-676, eff. 12-3-21; revised
412-21-21.)
 
5    (Text of Section after amendment by P.A. 102-157 but
6before 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,
9nonreligious, non-home based, and non-profit school. A charter
10school shall be organized and operated as a nonprofit
11corporation or other discrete, legal, nonprofit entity
12authorized under the laws of the State of Illinois.
13    (b) A charter school may be established under this Article
14by creating a new school or by converting an existing public
15school or attendance center to charter school status.
16Beginning on April 16, 2003 (the effective date of Public Act
1793-3), in all new applications to establish a charter school
18in a city having a population exceeding 500,000, operation of
19the charter school shall be limited to one campus. The changes
20made to this Section by Public Act 93-3 do not apply to charter
21schools existing or approved on or before April 16, 2003 (the
22effective date of Public Act 93-3).
23    (b-5) In this subsection (b-5), "virtual-schooling" means
24a cyber school where students engage in online curriculum and
25instruction via the Internet and electronic communication with

 

 

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1their teachers at remote locations and with students
2participating at different times.
3    From April 1, 2013 through December 31, 2016, there is a
4moratorium on the establishment of charter schools with
5virtual-schooling components in school districts other than a
6school district organized under Article 34 of this Code. This
7moratorium does not apply to a charter school with
8virtual-schooling components existing or approved prior to
9April 1, 2013 or to the renewal of the charter of a charter
10school with virtual-schooling components already approved
11prior to April 1, 2013.
12    (c) A charter school shall be administered and governed by
13its board of directors or other governing body in the manner
14provided in its charter. The governing body of a charter
15school shall be subject to the Freedom of Information Act and
16the Open Meetings Act. No later than January 1, 2021 (one year
17after the effective date of Public Act 101-291), a charter
18school's board of directors or other governing body must
19include at least one parent or guardian of a pupil currently
20enrolled in the charter school who may be selected through the
21charter school or a charter network election, appointment by
22the charter school's board of directors or other governing
23body, or by the charter school's Parent Teacher Organization
24or its equivalent.
25    (c-5) No later than January 1, 2021 (one year after the
26effective date of Public Act 101-291) or within the first year

 

 

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1of his or her first term, every voting member of a charter
2school's board of directors or other governing body shall
3complete a minimum of 4 hours of professional development
4leadership training to ensure that each member has sufficient
5familiarity with the board's or governing body's role and
6responsibilities, including financial oversight and
7accountability of the school, evaluating the principal's and
8school's performance, adherence to the Freedom of Information
9Act and the Open Meetings Act, and compliance with education
10and labor law. In each subsequent year of his or her term, a
11voting member of a charter school's board of directors or
12other governing body shall complete a minimum of 2 hours of
13professional development training in these same areas. The
14training under this subsection may be provided or certified by
15a statewide charter school membership association or may be
16provided or certified by other qualified providers approved by
17the State Board of Education.
18    (d) For purposes of this subsection (d), "non-curricular
19health and safety requirement" means any health and safety
20requirement created by statute or rule to provide, maintain,
21preserve, or safeguard safe or healthful conditions for
22students and school personnel or to eliminate, reduce, or
23prevent threats to the health and safety of students and
24school personnel. "Non-curricular health and safety
25requirement" does not include any course of study or
26specialized instructional requirement for which the State

 

 

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1Board has established goals and learning standards or which is
2designed primarily to impart knowledge and skills for students
3to master and apply as an outcome of their education.
4    A charter school shall comply with all non-curricular
5health and safety requirements applicable to public schools
6under the laws of the State of Illinois. On or before September
71, 2015, the State Board shall promulgate and post on its
8Internet website a list of non-curricular health and safety
9requirements that a charter school must meet. The list shall
10be updated annually no later than September 1. Any charter
11contract between a charter school and its authorizer must
12contain a provision that requires the charter school to follow
13the list of all non-curricular health and safety requirements
14promulgated by the State Board and any non-curricular health
15and safety requirements added by the State Board to such list
16during the term of the charter. Nothing in this subsection (d)
17precludes an authorizer from including non-curricular health
18and safety requirements in a charter school contract that are
19not contained in the list promulgated by the State Board,
20including non-curricular health and safety requirements of the
21authorizing local school board.
22    (e) Except as otherwise provided in the School Code, a
23charter school shall not charge tuition; provided that a
24charter school may charge reasonable fees for textbooks,
25instructional materials, and student activities.
26    (f) A charter school shall be responsible for the

 

 

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1management and operation of its fiscal affairs, including, but
2not limited to, the preparation of its budget. An audit of each
3charter school's finances shall be conducted annually by an
4outside, independent contractor retained by the charter
5school. The contractor shall not be an employee of the charter
6school or affiliated with the charter school or its authorizer
7in any way, other than to audit the charter school's finances.
8To ensure financial accountability for the use of public
9funds, on or before December 1 of every year of operation, each
10charter school shall submit to its authorizer and the State
11Board a copy of its audit and a copy of the Form 990 the
12charter school filed that year with the federal Internal
13Revenue Service. In addition, if deemed necessary for proper
14financial oversight of the charter school, an authorizer may
15require quarterly financial statements from each charter
16school.
17    (g) A charter school shall comply with all provisions of
18this Article, the Illinois Educational Labor Relations Act,
19all federal and State laws and rules applicable to public
20schools that pertain to special education and the instruction
21of English learners, and its charter. A charter school is
22exempt from all other State laws and regulations in this Code
23governing public schools and local school board policies;
24however, a charter school is not exempt from the following:
25        (1) Sections 10-21.9 and 34-18.5 of this Code
26    regarding criminal history records checks and checks of

 

 

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1    the Statewide Sex Offender Database and Statewide Murderer
2    and Violent Offender Against Youth Database of applicants
3    for employment;
4        (2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and
5    34-84a of this Code regarding discipline of students;
6        (3) the Local Governmental and Governmental Employees
7    Tort Immunity Act;
8        (4) Section 108.75 of the General Not For Profit
9    Corporation Act of 1986 regarding indemnification of
10    officers, directors, employees, and agents;
11        (5) the Abused and Neglected Child Reporting Act;
12        (5.5) subsection (b) of Section 10-23.12 and
13    subsection (b) of Section 34-18.6 of this Code;
14        (6) the Illinois School Student Records Act;
15        (7) Section 10-17a of this Code regarding school
16    report cards;
17        (8) the P-20 Longitudinal Education Data System Act;
18        (9) Section 27-23.7 of this Code regarding bullying
19    prevention;
20        (10) Section 2-3.162 of this Code regarding student
21    discipline reporting;
22        (11) Sections 22-80 and 27-8.1 of this Code;
23        (12) Sections 10-20.60 and 34-18.53 of this Code;
24        (13) Sections 10-20.63 and 34-18.56 of this Code;
25        (14) Sections 22-90 and 26-18 of this Code;
26        (15) Section 22-30 of this Code;

 

 

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1        (16) Sections 24-12 and 34-85 of this Code; and
2        (17) the Seizure Smart School Act;
3        (18) Section 2-3.64a-10 of this Code; and
4        (19) (18) Sections 10-20.73 and 34-21.9 of this Code; .
5        (20) (19) Section 10-22.25b of this Code; .
6        (21) (19) Section 27-9.1a of this Code;
7        (22) (20) Section 27-9.1b of this Code; and
8        (23) (21) Section 34-18.8 of this Code; .
9        (25) (19) Section 2-3.188 of this Code; and
10        (26) (20) Section 22-85.5 of this Code; and .
11        (27) Section 22-94 of this Code.
12    The change made by Public Act 96-104 to this subsection
13(g) is declaratory of existing law.
14    (h) A charter school may negotiate and contract with a
15school district, the governing body of a State college or
16university or public community college, or any other public or
17for-profit or nonprofit private entity for: (i) the use of a
18school building and grounds or any other real property or
19facilities that the charter school desires to use or convert
20for use as a charter school site, (ii) the operation and
21maintenance thereof, and (iii) the provision of any service,
22activity, or undertaking that the charter school is required
23to perform in order to carry out the terms of its charter.
24However, a charter school that is established on or after
25April 16, 2003 (the effective date of Public Act 93-3) and that
26operates in a city having a population exceeding 500,000 may

 

 

10200HB5552ham001- 17 -LRB102 25516 RJT 37033 a

1not contract with a for-profit entity to manage or operate the
2school during the period that commences on April 16, 2003 (the
3effective date of Public Act 93-3) and concludes at the end of
4the 2004-2005 school year. Except as provided in subsection
5(i) of this Section, a school district may charge a charter
6school reasonable rent for the use of the district's
7buildings, grounds, and facilities. Any services for which a
8charter school contracts with a school district shall be
9provided by the district at cost. Any services for which a
10charter school contracts with a local school board or with the
11governing body of a State college or university or public
12community college shall be provided by the public entity at
13cost.
14    (i) In no event shall a charter school that is established
15by converting an existing school or attendance center to
16charter school status be required to pay rent for space that is
17deemed available, as negotiated and provided in the charter
18agreement, in school district facilities. However, all other
19costs for the operation and maintenance of school district
20facilities that are used by the charter school shall be
21subject to negotiation between the charter school and the
22local school board and shall be set forth in the charter.
23    (j) A charter school may limit student enrollment by age
24or grade level.
25    (k) If the charter school is approved by the State Board or
26Commission, then the charter school is its own local education

 

 

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1agency.
2(Source: P.A. 101-50, eff. 7-1-20; 101-81, eff. 7-12-19;
3101-291, eff. 1-1-20; 101-531, eff. 8-23-19; 101-543, eff.
48-23-19; 101-654, eff. 3-8-21; 102-51, eff. 7-9-21; 102-157,
5eff. 7-1-22; 102-360, eff. 1-1-22; 102-445, eff. 8-20-21;
6102-522, eff. 8-20-21; 102-558, eff. 8-20-21; 102-676, eff.
712-3-21; revised 12-21-21.)
 
8    (Text of Section after amendment by P.A. 102-466)
9    Sec. 27A-5. Charter school; legal entity; requirements.
10    (a) A charter school shall be a public, nonsectarian,
11nonreligious, non-home based, and non-profit school. A charter
12school shall be organized and operated as a nonprofit
13corporation or other discrete, legal, nonprofit entity
14authorized under the laws of the State of Illinois.
15    (b) A charter school may be established under this Article
16by creating a new school or by converting an existing public
17school or attendance center to charter school status.
18Beginning on April 16, 2003 (the effective date of Public Act
1993-3), in all new applications to establish a charter school
20in a city having a population exceeding 500,000, operation of
21the charter school shall be limited to one campus. The changes
22made to this Section by Public Act 93-3 do not apply to charter
23schools existing or approved on or before April 16, 2003 (the
24effective date of Public Act 93-3).
25    (b-5) In this subsection (b-5), "virtual-schooling" means

 

 

10200HB5552ham001- 19 -LRB102 25516 RJT 37033 a

1a cyber school where students engage in online curriculum and
2instruction via the Internet and electronic communication with
3their teachers at remote locations and with students
4participating at different times.
5    From April 1, 2013 through December 31, 2016, there is a
6moratorium on the establishment of charter schools with
7virtual-schooling components in school districts other than a
8school district organized under Article 34 of this Code. This
9moratorium does not apply to a charter school with
10virtual-schooling components existing or approved prior to
11April 1, 2013 or to the renewal of the charter of a charter
12school with virtual-schooling components already approved
13prior to April 1, 2013.
14    (c) A charter school shall be administered and governed by
15its board of directors or other governing body in the manner
16provided in its charter. The governing body of a charter
17school shall be subject to the Freedom of Information Act and
18the Open Meetings Act. No later than January 1, 2021 (one year
19after the effective date of Public Act 101-291), a charter
20school's board of directors or other governing body must
21include at least one parent or guardian of a pupil currently
22enrolled in the charter school who may be selected through the
23charter school or a charter network election, appointment by
24the charter school's board of directors or other governing
25body, or by the charter school's Parent Teacher Organization
26or its equivalent.

 

 

10200HB5552ham001- 20 -LRB102 25516 RJT 37033 a

1    (c-5) No later than January 1, 2021 (one year after the
2effective date of Public Act 101-291) or within the first year
3of his or her first term, every voting member of a charter
4school's board of directors or other governing body shall
5complete a minimum of 4 hours of professional development
6leadership training to ensure that each member has sufficient
7familiarity with the board's or governing body's role and
8responsibilities, including financial oversight and
9accountability of the school, evaluating the principal's and
10school's performance, adherence to the Freedom of Information
11Act and the Open Meetings Act, and compliance with education
12and labor law. In each subsequent year of his or her term, a
13voting member of a charter school's board of directors or
14other governing body shall complete a minimum of 2 hours of
15professional development training in these same areas. The
16training under this subsection may be provided or certified by
17a statewide charter school membership association or may be
18provided or certified by other qualified providers approved by
19the State Board of Education.
20    (d) For purposes of this subsection (d), "non-curricular
21health and safety requirement" means any health and safety
22requirement created by statute or rule to provide, maintain,
23preserve, or safeguard safe or healthful conditions for
24students and school personnel or to eliminate, reduce, or
25prevent threats to the health and safety of students and
26school personnel. "Non-curricular health and safety

 

 

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1requirement" does not include any course of study or
2specialized instructional requirement for which the State
3Board has established goals and learning standards or which is
4designed primarily to impart knowledge and skills for students
5to master and apply as an outcome of their education.
6    A charter school shall comply with all non-curricular
7health and safety requirements applicable to public schools
8under the laws of the State of Illinois. On or before September
91, 2015, the State Board shall promulgate and post on its
10Internet website a list of non-curricular health and safety
11requirements that a charter school must meet. The list shall
12be updated annually no later than September 1. Any charter
13contract between a charter school and its authorizer must
14contain a provision that requires the charter school to follow
15the list of all non-curricular health and safety requirements
16promulgated by the State Board and any non-curricular health
17and safety requirements added by the State Board to such list
18during the term of the charter. Nothing in this subsection (d)
19precludes an authorizer from including non-curricular health
20and safety requirements in a charter school contract that are
21not contained in the list promulgated by the State Board,
22including non-curricular health and safety requirements of the
23authorizing local school board.
24    (e) Except as otherwise provided in the School Code, a
25charter school shall not charge tuition; provided that a
26charter school may charge reasonable fees for textbooks,

 

 

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1instructional materials, and student activities.
2    (f) A charter school shall be responsible for the
3management and operation of its fiscal affairs, including, but
4not limited to, the preparation of its budget. An audit of each
5charter school's finances shall be conducted annually by an
6outside, independent contractor retained by the charter
7school. The contractor shall not be an employee of the charter
8school or affiliated with the charter school or its authorizer
9in any way, other than to audit the charter school's finances.
10To ensure financial accountability for the use of public
11funds, on or before December 1 of every year of operation, each
12charter school shall submit to its authorizer and the State
13Board a copy of its audit and a copy of the Form 990 the
14charter school filed that year with the federal Internal
15Revenue Service. In addition, if deemed necessary for proper
16financial oversight of the charter school, an authorizer may
17require quarterly financial statements from each charter
18school.
19    (g) A charter school shall comply with all provisions of
20this Article, the Illinois Educational Labor Relations Act,
21all federal and State laws and rules applicable to public
22schools that pertain to special education and the instruction
23of English learners, and its charter. A charter school is
24exempt from all other State laws and regulations in this Code
25governing public schools and local school board policies;
26however, a charter school is not exempt from the following:

 

 

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1        (1) Sections 10-21.9 and 34-18.5 of this Code
2    regarding criminal history records checks and checks of
3    the Statewide Sex Offender Database and Statewide Murderer
4    and Violent Offender Against Youth Database of applicants
5    for employment;
6        (2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and
7    34-84a of this Code regarding discipline of students;
8        (3) the Local Governmental and Governmental Employees
9    Tort Immunity Act;
10        (4) Section 108.75 of the General Not For Profit
11    Corporation Act of 1986 regarding indemnification of
12    officers, directors, employees, and agents;
13        (5) the Abused and Neglected Child Reporting Act;
14        (5.5) subsection (b) of Section 10-23.12 and
15    subsection (b) of Section 34-18.6 of this Code;
16        (6) the Illinois School Student Records Act;
17        (7) Section 10-17a of this Code regarding school
18    report cards;
19        (8) the P-20 Longitudinal Education Data System Act;
20        (9) Section 27-23.7 of this Code regarding bullying
21    prevention;
22        (10) Section 2-3.162 of this Code regarding student
23    discipline reporting;
24        (11) Sections 22-80 and 27-8.1 of this Code;
25        (12) Sections 10-20.60 and 34-18.53 of this Code;
26        (13) Sections 10-20.63 and 34-18.56 of this Code;

 

 

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1        (14) Sections 22-90 and 26-18 of this Code;
2        (15) Section 22-30 of this Code;
3        (16) Sections 24-12 and 34-85 of this Code; and
4        (17) the Seizure Smart School Act;
5        (18) Section 2-3.64a-10 of this Code; and
6        (19) (18) Sections 10-20.73 and 34-21.9 of this Code; .
7        (20) (19) Section 10-22.25b of this Code; .
8        (21) (19) Section 27-9.1a of this Code;
9        (22) (20) Section 27-9.1b of this Code; and
10        (23) (21) Section 34-18.8 of this Code; .
11        (24) (19) Article 26A of this Code; .
12        (25) (19) Section 2-3.188 of this Code; and
13        (26) (20) Section 22-85.5 of this Code; and .
14        (27) Section 22-94 of this Code.
15    The change made by Public Act 96-104 to this subsection
16(g) is declaratory of existing law.
17    (h) A charter school may negotiate and contract with a
18school district, the governing body of a State college or
19university or public community college, or any other public or
20for-profit or nonprofit private entity for: (i) the use of a
21school building and grounds or any other real property or
22facilities that the charter school desires to use or convert
23for use as a charter school site, (ii) the operation and
24maintenance thereof, and (iii) the provision of any service,
25activity, or undertaking that the charter school is required
26to perform in order to carry out the terms of its charter.

 

 

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1However, a charter school that is established on or after
2April 16, 2003 (the effective date of Public Act 93-3) and that
3operates in a city having a population exceeding 500,000 may
4not contract with a for-profit entity to manage or operate the
5school during the period that commences on April 16, 2003 (the
6effective date of Public Act 93-3) and concludes at the end of
7the 2004-2005 school year. Except as provided in subsection
8(i) of this Section, a school district may charge a charter
9school reasonable rent for the use of the district's
10buildings, grounds, and facilities. Any services for which a
11charter school contracts with a school district shall be
12provided by the district at cost. Any services for which a
13charter school contracts with a local school board or with the
14governing body of a State college or university or public
15community college shall be provided by the public entity at
16cost.
17    (i) In no event shall a charter school that is established
18by converting an existing school or attendance center to
19charter school status be required to pay rent for space that is
20deemed available, as negotiated and provided in the charter
21agreement, in school district facilities. However, all other
22costs for the operation and maintenance of school district
23facilities that are used by the charter school shall be
24subject to negotiation between the charter school and the
25local school board and shall be set forth in the charter.
26    (j) A charter school may limit student enrollment by age

 

 

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1or grade level.
2    (k) If the charter school is approved by the State Board or
3Commission, then the charter school is its own local education
4agency.
5(Source: P.A. 101-50, eff. 7-1-20; 101-81, eff. 7-12-19;
6101-291, eff. 1-1-20; 101-531, eff. 8-23-19; 101-543, eff.
78-23-19; 101-654, eff. 3-8-21; 102-51, eff. 7-9-21; 102-157,
8eff. 7-1-22; 102-360, eff. 1-1-22; 102-445, eff. 8-20-21;
9102-466, eff. 7-1-25; 102-522, eff. 8-20-21; 102-558, eff.
108-20-21; 102-676, eff. 12-3-21; revised 12-21-21.)
 
11    Section 95. No acceleration or delay. Where this Act makes
12changes in a statute that is represented in this Act by text
13that is not yet or no longer in effect (for example, a Section
14represented by multiple versions), the use of that text does
15not accelerate or delay the taking effect of (i) the changes
16made by this Act or (ii) provisions derived from any other
17Public Act.".