Illinois General Assembly - Full Text of HB4454
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Full Text of HB4454  103rd General Assembly

HB4454 103RD GENERAL ASSEMBLY

 


 
103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB4454

 

Introduced 1/16/2024, by Rep. Dagmara Avelar

 

SYNOPSIS AS INTRODUCED:
 
105 ILCS 5/10-20.87 new
105 ILCS 5/27A-5
105 ILCS 5/34-18.85 new

    Amends the School Code. Provides that a school board shall require each school to notify students and the students' parents or guardians twice each year on how to access any mental health services offered in school or in the community where the school is located.


LRB103 35973 RJT 66060 b

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT
MAY APPLY

 

 

A BILL FOR

 

HB4454LRB103 35973 RJT 66060 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
510-20.87 and 34-18.85 and by changing Section 27A-5 as
6follows:
 
7    (105 ILCS 5/10-20.87 new)
8    Sec. 10-20.87. Mental health services notification. A
9school board shall require each school to notify students and
10the students' parents or guardians twice each year on how to
11access any mental health services offered in the school or in
12the community where the school is located.
 
13    (105 ILCS 5/27A-5)
14    (Text of Section before amendment by P.A. 102-466 and
15103-472)
16    Sec. 27A-5. Charter school; legal entity; requirements.
17    (a) A charter school shall be a public, nonsectarian,
18nonreligious, non-home based, and non-profit school. A charter
19school shall be organized and operated as a nonprofit
20corporation or other discrete, legal, nonprofit entity
21authorized under the laws of the State of Illinois.
22    (b) A charter school may be established under this Article

 

 

HB4454- 2 -LRB103 35973 RJT 66060 b

1by creating a new school or by converting an existing public
2school or attendance center to charter school status. In all
3new applications to establish a charter school in a city
4having a population exceeding 500,000, operation of the
5charter school shall be limited to one campus. This limitation
6does not apply to charter schools existing or approved on or
7before April 16, 2003.
8    (b-5) (Blank).
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. A charter school's board of directors
14or other governing body must include at least one parent or
15guardian of a pupil currently enrolled in the charter school
16who may be selected through the charter school or a charter
17network election, appointment by the charter school's board of
18directors or other governing body, or by the charter school's
19Parent Teacher Organization or its equivalent.
20    (c-5) No later than January 1, 2021 or within the first
21year of his or her first term, every voting member of a charter
22school's board of directors or other governing body shall
23complete a minimum of 4 hours of professional development
24leadership training to ensure that each member has sufficient
25familiarity with the board's or governing body's role and
26responsibilities, including financial oversight and

 

 

HB4454- 3 -LRB103 35973 RJT 66060 b

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

 

 

HB4454- 4 -LRB103 35973 RJT 66060 b

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

 

 

HB4454- 5 -LRB103 35973 RJT 66060 b

1in any way, other than to audit the charter school's finances.
2To ensure financial accountability for the use of public
3funds, on or before December 1 of every year of operation, each
4charter school shall submit to its authorizer and the State
5Board a copy of its audit and a copy of the Form 990 the
6charter school filed that year with the federal Internal
7Revenue Service. In addition, if deemed necessary for proper
8financial oversight of the charter school, an authorizer may
9require 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,
13all federal and State laws and rules applicable to public
14schools that pertain to special education and the instruction
15of English learners, and its charter. A charter school is
16exempt from 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
20    regarding criminal history records checks and checks of
21    the Statewide Sex Offender Database and Statewide Murderer
22    and Violent Offender Against Youth Database of applicants
23    for 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

 

 

HB4454- 6 -LRB103 35973 RJT 66060 b

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
10    report 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;
19        (14) Sections 22-90 and 26-18 of this Code;
20        (15) Section 22-30 of this Code;
21        (16) Sections 24-12 and 34-85 of this Code;
22        (17) the Seizure Smart School Act;
23        (18) Section 2-3.64a-10 of this Code;
24        (19) Sections 10-20.73 and 34-21.9 of this Code;
25        (20) Section 10-22.25b of this Code;
26        (21) Section 27-9.1a of this Code;

 

 

HB4454- 7 -LRB103 35973 RJT 66060 b

1        (22) Section 27-9.1b of this Code;
2        (23) Section 34-18.8 of this Code;
3        (25) Section 2-3.188 of this Code;
4        (26) Section 22-85.5 of this Code;
5        (27) subsections (d-10), (d-15), and (d-20) of Section
6    10-20.56 of this Code;
7        (28) Sections 10-20.83 and 34-18.78 of this Code;
8        (29) Section 10-20.13 of this Code;
9        (30) Section 28-19.2 of this Code;
10        (31) Section 34-21.6 of this Code; and
11        (32) Section 22-85.10 of this Code; and .
12        (37) Sections 10-20.87 and 34-18.85 of this Code.
13    The change made by Public Act 96-104 to this subsection
14(g) is declaratory of existing law.
15    (h) A charter school may negotiate and contract with a
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.
25Except as provided in subsection (i) of this Section, a school
26district may charge a charter school reasonable rent for the

 

 

HB4454- 8 -LRB103 35973 RJT 66060 b

1use of the district's buildings, grounds, and facilities. Any
2services for which a charter school contracts with a school
3district shall be provided by the district at cost. Any
4services for which a charter school contracts with a local
5school board or with the governing body of a State college or
6university or public community college shall be provided by
7the public entity at cost.
8    (i) In no event shall a charter school that is established
9by converting an existing school or attendance center to
10charter school status be required to pay rent for space that is
11deemed available, as negotiated and provided in the charter
12agreement, in school district facilities. However, all other
13costs for the operation and maintenance of school district
14facilities that are used by the charter school shall be
15subject to negotiation between the charter school and the
16local school board and shall be set forth in the charter.
17    (j) A charter school may limit student enrollment by age
18or grade level.
19    (k) If the charter school is authorized by the State
20Board, then the charter school is its own local education
21agency.
22(Source: P.A. 102-51, eff. 7-9-21; 102-157, eff. 7-1-22;
23102-360, eff. 1-1-22; 102-445, eff. 8-20-21; 102-522, eff.
248-20-21; 102-558, eff. 8-20-21; 102-676, eff. 12-3-21;
25102-697, eff. 4-5-22; 102-702, eff. 7-1-23; 102-805, eff.
261-1-23; 102-813, eff. 5-13-22; 103-154, eff. 6-30-23; 103-175,

 

 

HB4454- 9 -LRB103 35973 RJT 66060 b

1eff. 6-30-23.)
 
2    (Text of Section after amendment by P.A. 103-472 but
3before amendment by P.A. 102-466)
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. In all
13new applications to establish a charter school in a city
14having a population exceeding 500,000, operation of the
15charter school shall be limited to one campus. This limitation
16does not apply to charter schools existing or approved on or
17before April 16, 2003.
18    (b-5) (Blank).
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. A charter school's board of directors
24or other governing body must include at least one parent or
25guardian of a pupil currently enrolled in the charter school

 

 

HB4454- 10 -LRB103 35973 RJT 66060 b

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

 

 

HB4454- 11 -LRB103 35973 RJT 66060 b

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

 

 

HB4454- 12 -LRB103 35973 RJT 66060 b

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

 

 

HB4454- 13 -LRB103 35973 RJT 66060 b

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

 

 

HB4454- 14 -LRB103 35973 RJT 66060 b

1        (11) Sections 22-80 and 27-8.1 of this Code;
2        (12) Sections 10-20.60 and 34-18.53 of this Code;
3        (13) Sections 10-20.63 and 34-18.56 of this Code;
4        (14) Sections 22-90 and 26-18 of this Code;
5        (15) Section 22-30 of this Code;
6        (16) Sections 24-12 and 34-85 of this Code;
7        (17) the Seizure Smart School Act;
8        (18) Section 2-3.64a-10 of this Code;
9        (19) Sections 10-20.73 and 34-21.9 of this Code;
10        (20) Section 10-22.25b of this Code;
11        (21) Section 27-9.1a of this Code;
12        (22) Section 27-9.1b of this Code;
13        (23) Section 34-18.8 of this Code;
14        (25) Section 2-3.188 of this Code;
15        (26) Section 22-85.5 of this Code;
16        (27) subsections (d-10), (d-15), and (d-20) of Section
17    10-20.56 of this Code;
18        (28) Sections 10-20.83 and 34-18.78 of this Code;
19        (29) Section 10-20.13 of this Code;
20        (30) Section 28-19.2 of this Code;
21        (31) Section 34-21.6 of this Code; and
22        (32) Section 22-85.10 of this Code;
23        (33) Section 2-3.196 of this Code;
24        (34) Section 22-95 of this Code;
25        (35) Section 34-18.62 of this Code; and
26        (36) the Illinois Human Rights Act; and .

 

 

HB4454- 15 -LRB103 35973 RJT 66060 b

1        (37) Sections 10-20.87 and 34-18.85 of this Code.
2    The change made by Public Act 96-104 to this subsection
3(g) is declaratory of existing law.
4    (h) A charter school may negotiate and contract with a
5school district, the governing body of a State college or
6university or public community college, or any other public or
7for-profit or nonprofit private entity for: (i) the use of a
8school building and grounds or any other real property or
9facilities that the charter school desires to use or convert
10for use as a charter school site, (ii) the operation and
11maintenance thereof, and (iii) the provision of any service,
12activity, or undertaking that the charter school is required
13to perform in order to carry out the terms of its charter.
14Except as provided in subsection (i) of this Section, a school
15district may charge a charter school reasonable rent for the
16use of the district's buildings, grounds, and facilities. Any
17services for which a charter school contracts with a school
18district shall be provided by the district at cost. Any
19services for which a charter school contracts with a local
20school board or with the governing body of a State college or
21university or public community college shall be provided by
22the 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

 

 

HB4454- 16 -LRB103 35973 RJT 66060 b

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
4subject to negotiation between the charter school and the
5local school board and shall be set forth in the charter.
6    (j) A charter school may limit student enrollment by age
7or grade level.
8    (k) If the charter school is authorized by the State
9Board, then the charter school is its own local education
10agency.
11(Source: P.A. 102-51, eff. 7-9-21; 102-157, eff. 7-1-22;
12102-360, eff. 1-1-22; 102-445, eff. 8-20-21; 102-522, eff.
138-20-21; 102-558, eff. 8-20-21; 102-676, eff. 12-3-21;
14102-697, eff. 4-5-22; 102-702, eff. 7-1-23; 102-805, eff.
151-1-23; 102-813, eff. 5-13-22; 103-154, eff. 6-30-23; 103-175,
16eff. 6-30-23; 103-472, eff. 8-1-24; revised 8-31-23.)
 
17    (Text of Section after amendment by P.A. 102-466)
18    Sec. 27A-5. Charter school; legal entity; requirements.
19    (a) A charter school shall be a public, nonsectarian,
20nonreligious, non-home based, and non-profit school. A charter
21school shall be organized and operated as a nonprofit
22corporation or other discrete, legal, nonprofit entity
23authorized under the laws of the State of Illinois.
24    (b) A charter school may be established under this Article
25by creating a new school or by converting an existing public

 

 

HB4454- 17 -LRB103 35973 RJT 66060 b

1school or attendance center to charter school status. In all
2new applications to establish a charter school in a city
3having a population exceeding 500,000, operation of the
4charter school shall be limited to one campus. This limitation
5does not apply to charter schools existing or approved on or
6before April 16, 2003.
7    (b-5) (Blank).
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. A charter school's board of directors
13or other governing body must include at least one parent or
14guardian of a pupil currently enrolled in the charter school
15who may be selected through the charter school or a charter
16network election, appointment by the charter school's board of
17directors or other governing body, or by the charter school's
18Parent Teacher Organization or its equivalent.
19    (c-5) No later than January 1, 2021 or within the first
20year of his or her first term, every voting member of a charter
21school's board of directors or other governing body shall
22complete a minimum of 4 hours of professional development
23leadership training to ensure that each member has sufficient
24familiarity with the board's or governing body's role and
25responsibilities, including financial oversight and
26accountability of the school, evaluating the principal's and

 

 

HB4454- 18 -LRB103 35973 RJT 66060 b

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

 

 

HB4454- 19 -LRB103 35973 RJT 66060 b

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

 

 

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

 

 

HB4454- 21 -LRB103 35973 RJT 66060 b

1        (4) Section 108.75 of the General Not For Profit
2    Corporation Act of 1986 regarding indemnification of
3    officers, directors, employees, and agents;
4        (5) the Abused and Neglected Child Reporting Act;
5        (5.5) subsection (b) of Section 10-23.12 and
6    subsection (b) of Section 34-18.6 of this Code;
7        (6) the Illinois School Student Records Act;
8        (7) Section 10-17a of this Code regarding school
9    report cards;
10        (8) the P-20 Longitudinal Education Data System Act;
11        (9) Section 27-23.7 of this Code regarding bullying
12    prevention;
13        (10) Section 2-3.162 of this Code regarding student
14    discipline reporting;
15        (11) Sections 22-80 and 27-8.1 of this Code;
16        (12) Sections 10-20.60 and 34-18.53 of this Code;
17        (13) Sections 10-20.63 and 34-18.56 of this Code;
18        (14) Sections 22-90 and 26-18 of this Code;
19        (15) Section 22-30 of this Code;
20        (16) Sections 24-12 and 34-85 of this Code;
21        (17) the Seizure Smart School Act;
22        (18) Section 2-3.64a-10 of this Code;
23        (19) Sections 10-20.73 and 34-21.9 of this Code;
24        (20) Section 10-22.25b of this Code;
25        (21) Section 27-9.1a of this Code;
26        (22) Section 27-9.1b of this Code;

 

 

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1        (23) Section 34-18.8 of this Code;
2        (24) Article 26A of this Code;
3        (25) Section 2-3.188 of this Code;
4        (26) Section 22-85.5 of this Code;
5        (27) subsections (d-10), (d-15), and (d-20) of Section
6    10-20.56 of this Code;
7        (28) Sections 10-20.83 and 34-18.78 of this Code;
8        (29) Section 10-20.13 of this Code;
9        (30) Section 28-19.2 of this Code;
10        (31) Section 34-21.6 of this Code; and
11        (32) Section 22-85.10 of this Code;
12        (33) Section 2-3.196 of this Code;
13        (34) Section 22-95 of this Code;
14        (35) Section 34-18.62 of this Code; and
15        (36) the Illinois Human Rights Act; and .
16        (37) Sections 10-20.87 and 34-18.85 of this Code.
17    The change made by Public Act 96-104 to this subsection
18(g) is declaratory of existing law.
19    (h) A charter school may negotiate and contract with a
20school district, the governing body of a State college or
21university or public community college, or any other public or
22for-profit or nonprofit private entity for: (i) the use of a
23school building and grounds or any other real property or
24facilities that the charter school desires to use or convert
25for use as a charter school site, (ii) the operation and
26maintenance thereof, and (iii) the provision of any service,

 

 

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1activity, or undertaking that the charter school is required
2to perform in order to carry out the terms of its charter.
3Except as provided in subsection (i) of this Section, a school
4district may charge a charter school reasonable rent for the
5use of the district's buildings, grounds, and facilities. Any
6services for which a charter school contracts with a school
7district shall be provided by the district at cost. Any
8services for which a charter school contracts with a local
9school board or with the governing body of a State college or
10university or public community college shall be provided by
11the public entity at cost.
12    (i) In no event shall a charter school that is established
13by converting an existing school or attendance center to
14charter school status be required to pay rent for space that is
15deemed available, as negotiated and provided in the charter
16agreement, in school district facilities. However, all other
17costs for the operation and maintenance of school district
18facilities that are used by the charter school shall be
19subject to negotiation between the charter school and the
20local school board and shall be set forth in the charter.
21    (j) A charter school may limit student enrollment by age
22or grade level.
23    (k) If the charter school is authorized by the State
24Board, then the charter school is its own local education
25agency.
26(Source: P.A. 102-51, eff. 7-9-21; 102-157, eff. 7-1-22;

 

 

HB4454- 24 -LRB103 35973 RJT 66060 b

1102-360, eff. 1-1-22; 102-445, eff. 8-20-21; 102-466, eff.
27-1-25; 102-522, eff. 8-20-21; 102-558, eff. 8-20-21; 102-676,
3eff. 12-3-21; 102-697, eff. 4-5-22; 102-702, eff. 7-1-23;
4102-805, eff. 1-1-23; 102-813, eff. 5-13-22; 103-154, eff.
56-30-23; 103-175, eff. 6-30-23; 103-472, eff. 8-1-24; revised
68-31-23.)
 
7    (105 ILCS 5/34-18.85 new)
8    Sec. 34-18.85. Mental health services notification. The
9board shall require each school to notify students and the
10students' parents or guardians twice each year on how to
11access any mental health services offered in the school or in
12the community where the school is located.
 
13    Section 95. No acceleration or delay. Where this Act makes
14changes in a statute that is represented in this Act by text
15that is not yet or no longer in effect (for example, a Section
16represented by multiple versions), the use of that text does
17not accelerate or delay the taking effect of (i) the changes
18made by this Act or (ii) provisions derived from any other
19Public Act.