103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB1357

 

Introduced 1/31/2023, by Rep. Terra Costa Howard

 

SYNOPSIS AS INTRODUCED:
 
105 ILCS 5/2-3.162a new
105 ILCS 5/10-27.1C new
105 ILCS 5/27A-5
105 ILCS 5/34-8.07 new

    Amends the School Code. Each school year, beginning with the 2023-2024 school year, requires a school board and charter school to collect data on student referrals to law enforcement and school-related arrests of students and on the reason for referring students to law enforcement and school-related arrests of students and submit that data annually to the State Board of Education. Requires the State Board to prepare a report (to be posted on the State Board's website) on student referrals to law enforcement and school-related arrests of students in all school districts and charter schools in this State for each school year, beginning with the 2023-2024 school year. Sets forth what the report must include. Provides that, before July 1 following the posting of a report, the State Board of Education shall identify those public schools and charter schools that are within the top 20% of schools with respect to the number of student referrals to law enforcement and school-related arrests of students and require each of the identified schools to submit a referral and arrest improvement plan identifying the strategies the school will implement to reduce the use of student referrals to law enforcement and school-related arrests of students. Provides for a progress report to be submitted. Effective immediately.


LRB103 05329 RJT 50347 b

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT
MAY APPLY

 

 

A BILL FOR

 

HB1357LRB103 05329 RJT 50347 b

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 adding Sections
52-3.162a, 10-27.1C, and 34-8.07 and by changing Section 27A-5
6as follows:
 
7    (105 ILCS 5/2-3.162a new)
8    Sec. 2-3.162a. Law enforcement referral and arrest report.
9    (a) The State Board of Education shall prepare a report on
10student referrals to law enforcement and school-related
11arrests of students in all school districts and charter
12schools in this State for each school year, beginning with the
132023-2024 school year. The report shall include data on
14referrals to law enforcement and school-related arrests
15required to be submitted by all school districts and charter
16schools under Sections 10-27.1C, 27A-5, and 34-8.07 of this
17Code. The report shall include the number of school days and
18semesters missed by students in each school district and
19charter school as a result of student referrals to law
20enforcement and school-related arrests of students.
21    The State Board of Education shall post the report on the
22State Board's website.
23    (b) Before July 1 following the posting of a report under

 

 

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1subsection (a), the State Board of Education shall identify
2those public schools and charter schools that are within the
3top 20% of schools with respect to the number of student
4referrals to law enforcement and school-related arrests of
5students and require each of the identified schools to submit
6a referral and arrest improvement plan identifying the
7strategies the school will implement to reduce the use of
8student referrals to law enforcement and school-related
9arrests of students.
10    The referral and arrest improvement plan must be followed
11by a progress report describing the outcome of the plan that
12the school must submit to the State Board after the last day of
13the school year following submission of the plan.
 
14    (105 ILCS 5/10-27.1C new)
15    Sec. 10-27.1C. Law enforcement referral and arrest data.
16    (a) Each school year, beginning with the 2023-2024 school
17year, a school board must collect data on student referrals to
18law enforcement and school-related arrests of students. The
19school board must also collect data on the reason for
20referring students to law enforcement and school-related
21arrests of students.
22    (b) A school board must submit the data collected under
23subsection (a) to the State Board of Education annually, by a
24date to be determined by the State Board.
 

 

 

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1    (105 ILCS 5/27A-5)
2    (Text of Section before amendment by P.A. 102-466 and
3102-702)
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
26moratorium on the establishment of charter schools with

 

 

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

 

 

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

 

 

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1health and safety requirements applicable to public schools
2under the laws of the State of Illinois. On or before September
31, 2015, the State Board shall promulgate and post on its
4Internet website a list of non-curricular health and safety
5requirements that a charter school must meet. The list shall
6be updated annually no later than September 1. Any charter
7contract between a charter school and its authorizer must
8contain a provision that requires the charter school to follow
9the list of all non-curricular health and safety requirements
10promulgated by the State Board and any non-curricular health
11and safety requirements added by the State Board to such list
12during the term of the charter. Nothing in this subsection (d)
13precludes an authorizer from including non-curricular health
14and safety requirements in a charter school contract that are
15not contained in the list promulgated by the State Board,
16including non-curricular health and safety requirements of the
17authorizing local school board.
18    (e) Except as otherwise provided in the School Code, a
19charter school shall not charge tuition; provided that a
20charter school may charge reasonable fees for textbooks,
21instructional materials, and student activities.
22    (f) A charter school shall be responsible for the
23management and operation of its fiscal affairs, including, but
24not limited to, the preparation of its budget. An audit of each
25charter school's finances shall be conducted annually by an
26outside, independent contractor retained by the charter

 

 

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1school. The contractor shall not be an employee of the charter
2school or affiliated with the charter school or its authorizer
3in any way, other than to audit the charter school's finances.
4To ensure financial accountability for the use of public
5funds, on or before December 1 of every year of operation, each
6charter school shall submit to its authorizer and the State
7Board a copy of its audit and a copy of the Form 990 the
8charter school filed that year with the federal Internal
9Revenue Service. In addition, if deemed necessary for proper
10financial oversight of the charter school, an authorizer may
11require quarterly financial statements from each charter
12school.
13    (g) A charter school shall comply with all provisions of
14this Article, the Illinois Educational Labor Relations Act,
15all federal and State laws and rules applicable to public
16schools that pertain to special education and the instruction
17of English learners, and its charter. A charter school is
18exempt from all other State laws and regulations in this Code
19governing public schools and local school board policies;
20however, 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        (25) Section 2-3.188 of this Code;
6        (26) Section 22-85.5 of this Code;
7        (27) subsections Subsections (d-10), (d-15), and
8    (d-20) of Section 10-20.56 of this Code; and
9        (28) Sections 10-20.83 and 34-18.78 of this Code; .
10        (29) (27) Section 10-20.13 of this Code;
11        (30) (28) Section 28-19.2 of this Code; and
12        (31) (29) Section 34-21.6 of this Code; and .
13        (33) Sections 2-3.162a, 10-27.1C, and 34-8.07 of this
14    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;
9102-522, eff. 8-20-21; 102-558, eff. 8-20-21; 102-676, eff.
1012-3-21; 102-697, eff. 4-5-22; 102-805, eff. 1-1-23; 102-813,
11eff. 5-13-22; revised 12-13-22.)
 
12    (Text of Section after amendment by P.A. 102-702 but
13before 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,
16nonreligious, non-home based, and non-profit school. A charter
17school shall be organized and operated as a nonprofit
18corporation or other discrete, legal, nonprofit entity
19authorized under the laws of the State of Illinois.
20    (b) A charter school may be established under this Article
21by creating a new school or by converting an existing public
22school or attendance center to charter school status.
23Beginning on April 16, 2003 (the effective date of Public Act
2493-3), in all new applications to establish a charter school
25in a city having a population exceeding 500,000, operation of

 

 

HB1357- 12 -LRB103 05329 RJT 50347 b

1the charter school shall be limited to one campus. The changes
2made to this Section by Public Act 93-3 do not apply to charter
3schools existing or approved on or before April 16, 2003 (the
4effective date of Public Act 93-3).
5    (b-5) In this subsection (b-5), "virtual-schooling" means
6a cyber school where students engage in online curriculum and
7instruction via the Internet and electronic communication with
8their teachers at remote locations and with students
9participating at different times.
10    From April 1, 2013 through December 31, 2016, there is a
11moratorium on the establishment of charter schools with
12virtual-schooling components in school districts other than a
13school district organized under Article 34 of this Code. This
14moratorium does not apply to a charter school with
15virtual-schooling components existing or approved prior to
16April 1, 2013 or to the renewal of the charter of a charter
17school with virtual-schooling components already approved
18prior to April 1, 2013.
19    (c) A charter school shall be administered and governed by
20its board of directors or other governing body in the manner
21provided in its charter. The governing body of a charter
22school shall be subject to the Freedom of Information Act and
23the Open Meetings Act. No later than January 1, 2021 (one year
24after the effective date of Public Act 101-291), a charter
25school's board of directors or other governing body must
26include at least one parent or guardian of a pupil currently

 

 

HB1357- 13 -LRB103 05329 RJT 50347 b

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

 

 

HB1357- 14 -LRB103 05329 RJT 50347 b

1requirement created by statute or rule to provide, maintain,
2preserve, or safeguard safe or healthful conditions for
3students and school personnel or to eliminate, reduce, or
4prevent threats to the health and safety of students and
5school personnel. "Non-curricular health and safety
6requirement" does not include any course of study or
7specialized instructional requirement for which the State
8Board has established goals and learning standards or which is
9designed primarily to impart knowledge and skills for students
10to master and apply as an outcome of their education.
11    A charter school shall comply with all non-curricular
12health and safety requirements applicable to public schools
13under the laws of the State of Illinois. On or before September
141, 2015, the State Board shall promulgate and post on its
15Internet website a list of non-curricular health and safety
16requirements that a charter school must meet. The list shall
17be updated annually no later than September 1. Any charter
18contract between a charter school and its authorizer must
19contain a provision that requires the charter school to follow
20the list of all non-curricular health and safety requirements
21promulgated by the State Board and any non-curricular health
22and safety requirements added by the State Board to such list
23during the term of the charter. Nothing in this subsection (d)
24precludes an authorizer from including non-curricular health
25and safety requirements in a charter school contract that are
26not contained in the list promulgated by the State Board,

 

 

HB1357- 15 -LRB103 05329 RJT 50347 b

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

 

 

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1schools that pertain to special education and the instruction
2of English learners, and its charter. A charter school is
3exempt from all other State laws and regulations in this Code
4governing public schools and local school board policies;
5however, a charter school is not exempt from the following:
6        (1) Sections 10-21.9 and 34-18.5 of this Code
7    regarding criminal history records checks and checks of
8    the Statewide Sex Offender Database and Statewide Murderer
9    and Violent Offender Against Youth Database of applicants
10    for employment;
11        (2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and
12    34-84a of this Code regarding discipline of students;
13        (3) the Local Governmental and Governmental Employees
14    Tort Immunity Act;
15        (4) Section 108.75 of the General Not For Profit
16    Corporation Act of 1986 regarding indemnification of
17    officers, directors, employees, and agents;
18        (5) the Abused and Neglected Child Reporting Act;
19        (5.5) subsection (b) of Section 10-23.12 and
20    subsection (b) of Section 34-18.6 of this Code;
21        (6) the Illinois School Student Records Act;
22        (7) Section 10-17a of this Code regarding school
23    report cards;
24        (8) the P-20 Longitudinal Education Data System Act;
25        (9) Section 27-23.7 of this Code regarding bullying
26    prevention;

 

 

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1        (10) Section 2-3.162 of this Code regarding student
2    discipline reporting;
3        (11) Sections 22-80 and 27-8.1 of this Code;
4        (12) Sections 10-20.60 and 34-18.53 of this Code;
5        (13) Sections 10-20.63 and 34-18.56 of this Code;
6        (14) Sections 22-90 and 26-18 of this Code;
7        (15) Section 22-30 of this Code;
8        (16) Sections 24-12 and 34-85 of this Code;
9        (17) the Seizure Smart School Act;
10        (18) Section 2-3.64a-10 of this Code;
11        (19) Sections 10-20.73 and 34-21.9 of this Code;
12        (20) Section 10-22.25b of this Code;
13        (21) Section 27-9.1a of this Code;
14        (22) Section 27-9.1b of this Code;
15        (23) Section 34-18.8 of this Code; and
16        (25) Section 2-3.188 of this Code;
17        (26) Section 22-85.5 of this Code;
18        (27) subsections Subsections (d-10), (d-15), and
19    (d-20) of Section 10-20.56 of this Code; and
20        (28) Sections 10-20.83 and 34-18.78 of this Code; .
21        (29) (27) Section 10-20.13 of this Code;
22        (30) (28) Section 28-19.2 of this Code; and
23        (31) (29) Section 34-21.6 of this Code; .
24        (32) (25) Section 22-85.10 of this Code; and .
25        (33) Sections 2-3.162a, 10-27.1C, and 34-8.07 of this
26    Code.

 

 

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1    The change made by Public Act 96-104 to this subsection
2(g) is declaratory of existing law.
3    (h) A charter school may negotiate and contract with a
4school district, the governing body of a State college or
5university or public community college, or any other public or
6for-profit or nonprofit private entity for: (i) the use of a
7school building and grounds or any other real property or
8facilities that the charter school desires to use or convert
9for use as a charter school site, (ii) the operation and
10maintenance thereof, and (iii) the provision of any service,
11activity, or undertaking that the charter school is required
12to perform in order to carry out the terms of its charter.
13However, a charter school that is established on or after
14April 16, 2003 (the effective date of Public Act 93-3) and that
15operates in a city having a population exceeding 500,000 may
16not contract with a for-profit entity to manage or operate the
17school during the period that commences on April 16, 2003 (the
18effective date of Public Act 93-3) and concludes at the end of
19the 2004-2005 school year. Except as provided in subsection
20(i) of this Section, a school district may charge a charter
21school reasonable rent for the use of the district's
22buildings, grounds, and facilities. Any services for which a
23charter school contracts with a school district shall be
24provided by the district at cost. Any services for which a
25charter school contracts with a local school board or with the
26governing body of a State college or university or public

 

 

HB1357- 19 -LRB103 05329 RJT 50347 b

1community college shall be provided by the public entity at
2cost.
3    (i) In no event shall a charter school that is established
4by converting an existing school or attendance center to
5charter school status be required to pay rent for space that is
6deemed available, as negotiated and provided in the charter
7agreement, in school district facilities. However, all other
8costs for the operation and maintenance of school district
9facilities that are used by the charter school shall be
10subject to negotiation between the charter school and the
11local school board and shall be set forth in the charter.
12    (j) A charter school may limit student enrollment by age
13or grade level.
14    (k) If the charter school is approved by the State Board or
15Commission, then the charter school is its own local education
16agency.
17(Source: P.A. 101-50, eff. 7-1-20; 101-81, eff. 7-12-19;
18101-291, eff. 1-1-20; 101-531, eff. 8-23-19; 101-543, eff.
198-23-19; 101-654, eff. 3-8-21; 102-51, eff. 7-9-21; 102-157,
20eff. 7-1-22; 102-360, eff. 1-1-22; 102-445, eff. 8-20-21;
21102-522, eff. 8-20-21; 102-558, eff. 8-20-21; 102-676, eff.
2212-3-21; 102-697, eff. 4-5-22; 102-702, eff. 7-1-23; 102-805,
23eff. 1-1-23; 102-813, eff. 5-13-22; revised 12-13-22.)
 
24    (Text of Section after amendment by P.A. 102-466)
25    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.
9Beginning on April 16, 2003 (the effective date of Public Act
1093-3), in all new applications to establish a charter school
11in a city having a population exceeding 500,000, operation of
12the charter school shall be limited to one campus. The changes
13made to this Section by Public Act 93-3 do not apply to charter
14schools existing or approved on or before April 16, 2003 (the
15effective date 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    (c) A charter school shall be administered and governed by
5its board of directors or other governing body in the manner
6provided in its charter. The governing body of a charter
7school shall be subject to the Freedom of Information Act and
8the Open Meetings Act. No later than January 1, 2021 (one year
9after the effective date of Public Act 101-291), a charter
10school's board of directors or other governing body must
11include at least one parent or guardian of a pupil currently
12enrolled in the charter school who may be selected through the
13charter school or a charter network election, appointment by
14the charter school's board of directors or other governing
15body, or by the charter school's Parent Teacher Organization
16or its equivalent.
17    (c-5) No later than January 1, 2021 (one year after the
18effective date of Public Act 101-291) or within the first year
19of his or her first term, every voting member of a charter
20school's board of directors or other governing body shall
21complete a minimum of 4 hours of professional development
22leadership training to ensure that each member has sufficient
23familiarity with the board's or governing body's role and
24responsibilities, including financial oversight and
25accountability of the school, evaluating the principal's and
26school's performance, adherence to the Freedom of Information

 

 

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1Act and the Open Meetings Act, and compliance with education
2and labor law. In each subsequent year of his or her term, a
3voting member of a charter school's board of directors or
4other governing body shall complete a minimum of 2 hours of
5professional development training in these same areas. The
6training under this subsection may be provided or certified by
7a statewide charter school membership association or may be
8provided or certified by other qualified providers approved by
9the State Board of Education.
10    (d) For purposes of this subsection (d), "non-curricular
11health and safety requirement" means any health and safety
12requirement created by statute or rule to provide, maintain,
13preserve, or safeguard safe or healthful conditions for
14students and school personnel or to eliminate, reduce, or
15prevent threats to the health and safety of students and
16school personnel. "Non-curricular health and safety
17requirement" does not include any course of study or
18specialized instructional requirement for which the State
19Board has established goals and learning standards or which is
20designed primarily to impart knowledge and skills for students
21to master and apply as an outcome of their education.
22    A charter school shall comply with all non-curricular
23health and safety requirements applicable to public schools
24under the laws of the State of Illinois. On or before September
251, 2015, the State Board shall promulgate and post on its
26Internet website a list of non-curricular health and safety

 

 

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1requirements that a charter school must meet. The list shall
2be updated annually no later than September 1. Any charter
3contract between a charter school and its authorizer must
4contain a provision that requires the charter school to follow
5the list of all non-curricular health and safety requirements
6promulgated by the State Board and any non-curricular health
7and safety requirements added by the State Board to such list
8during the term of the charter. Nothing in this subsection (d)
9precludes an authorizer from including non-curricular health
10and safety requirements in a charter school contract that are
11not contained in the list promulgated by the State Board,
12including non-curricular health and safety requirements of the
13authorizing local school board.
14    (e) Except as otherwise provided in the School Code, a
15charter school shall not charge tuition; provided that a
16charter school may charge reasonable fees for textbooks,
17instructional materials, and student activities.
18    (f) A charter school shall be responsible for the
19management and operation of its fiscal affairs, including, but
20not limited to, the preparation of its budget. An audit of each
21charter school's finances shall be conducted annually by an
22outside, independent contractor retained by the charter
23school. The contractor shall not be an employee of the charter
24school or affiliated with the charter school or its authorizer
25in any way, other than to audit the charter school's finances.
26To ensure financial accountability for the use of public

 

 

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1funds, on or before December 1 of every year of operation, each
2charter school shall submit to its authorizer and the State
3Board a copy of its audit and a copy of the Form 990 the
4charter school filed that year with the federal Internal
5Revenue Service. In addition, if deemed necessary for proper
6financial oversight of the charter school, an authorizer may
7require quarterly financial statements from each charter
8school.
9    (g) A charter school shall comply with all provisions of
10this Article, the Illinois Educational Labor Relations Act,
11all federal and State laws and rules applicable to public
12schools that pertain to special education and the instruction
13of English learners, and its charter. A charter school is
14exempt from all other State laws and regulations in this Code
15governing public schools and local school board policies;
16however, a charter school is not exempt from the following:
17        (1) Sections 10-21.9 and 34-18.5 of this Code
18    regarding criminal history records checks and checks of
19    the Statewide Sex Offender Database and Statewide Murderer
20    and Violent Offender Against Youth Database of applicants
21    for employment;
22        (2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and
23    34-84a of this Code regarding discipline of students;
24        (3) the Local Governmental and Governmental Employees
25    Tort Immunity Act;
26        (4) Section 108.75 of the General Not For Profit

 

 

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1    Corporation Act of 1986 regarding indemnification of
2    officers, directors, employees, and agents;
3        (5) the Abused and Neglected Child Reporting Act;
4        (5.5) subsection (b) of Section 10-23.12 and
5    subsection (b) of Section 34-18.6 of this Code;
6        (6) the Illinois School Student Records Act;
7        (7) Section 10-17a of this Code regarding school
8    report cards;
9        (8) the P-20 Longitudinal Education Data System Act;
10        (9) Section 27-23.7 of this Code regarding bullying
11    prevention;
12        (10) Section 2-3.162 of this Code regarding student
13    discipline reporting;
14        (11) Sections 22-80 and 27-8.1 of this Code;
15        (12) Sections 10-20.60 and 34-18.53 of this Code;
16        (13) Sections 10-20.63 and 34-18.56 of this Code;
17        (14) Sections 22-90 and 26-18 of this Code;
18        (15) Section 22-30 of this Code;
19        (16) Sections 24-12 and 34-85 of this Code;
20        (17) the Seizure Smart School Act;
21        (18) Section 2-3.64a-10 of this Code;
22        (19) Sections 10-20.73 and 34-21.9 of this Code;
23        (20) Section 10-22.25b of this Code;
24        (21) Section 27-9.1a of this Code;
25        (22) Section 27-9.1b of this Code;
26        (23) Section 34-18.8 of this Code;

 

 

HB1357- 26 -LRB103 05329 RJT 50347 b

1        (24) Article 26A of this Code; and
2        (25) Section 2-3.188 of this Code;
3        (26) Section 22-85.5 of this Code;
4        (27) subsections Subsections (d-10), (d-15), and
5    (d-20) of Section 10-20.56 of this Code; and
6        (28) Sections 10-20.83 and 34-18.78 of this Code; .
7        (29) (27) Section 10-20.13 of this Code;
8        (30) (28) Section 28-19.2 of this Code; and
9        (31) (29) Section 34-21.6 of this Code; .
10        (32) (25) Section 22-85.10 of this Code; and .
11        (33) Sections 2-3.162a, 10-27.1C, and 34-8.07 of this
12    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
16school district, the governing body of a State college or
17university or public community college, or any other public or
18for-profit or nonprofit private entity for: (i) the use of a
19school building and grounds or any other real property or
20facilities that the charter school desires to use or convert
21for use as a charter school site, (ii) the operation and
22maintenance thereof, and (iii) the provision of any service,
23activity, or undertaking that the charter school is required
24to perform in order to carry out the terms of its charter.
25However, a charter school that is established on or after
26April 16, 2003 (the effective date of Public Act 93-3) and that

 

 

HB1357- 27 -LRB103 05329 RJT 50347 b

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

 

 

HB1357- 28 -LRB103 05329 RJT 50347 b

1Commission, then the charter school is its own local education
2agency.
3(Source: P.A. 101-50, eff. 7-1-20; 101-81, eff. 7-12-19;
4101-291, eff. 1-1-20; 101-531, eff. 8-23-19; 101-543, eff.
58-23-19; 101-654, eff. 3-8-21; 102-51, eff. 7-9-21; 102-157,
6eff. 7-1-22; 102-360, eff. 1-1-22; 102-445, eff. 8-20-21;
7102-466, eff. 7-1-25; 102-522, eff. 8-20-21; 102-558, eff.
88-20-21; 102-676, eff. 12-3-21; 102-697, eff. 4-5-22; 102-702,
9eff. 7-1-23; 102-805, eff. 1-1-23; 102-813, eff. 5-13-22;
10revised 12-13-22.)
 
11    (105 ILCS 5/34-8.07 new)
12    Sec. 34-8.07. Law enforcement referral and arrest data.
13    (a) Each school year, beginning with the 2023-2024 school
14year, the board must collect data on student referrals to law
15enforcement and school-related arrests of students. The board
16must also collect data on the reason for referring students to
17law enforcement and school-related arrests of students.
18    (b) The board must submit the data collected under
19subsection (a) to the State Board of Education annually, by a
20date to be determined by the State Board.
 
21    Section 95. No acceleration or delay. Where this Act makes
22changes in a statute that is represented in this Act by text
23that is not yet or no longer in effect (for example, a Section
24represented by multiple versions), the use of that text does

 

 

HB1357- 29 -LRB103 05329 RJT 50347 b

1not accelerate or delay the taking effect of (i) the changes
2made by this Act or (ii) provisions derived from any other
3Public Act.
 
4    Section 99. Effective date. This Act takes effect upon
5becoming law.