Full Text of HB3139 100th General Assembly
HB3139enr 100TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning education.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The School Code is amended by changing Section | 5 | | 27A-5 and by adding Section 26-18 as follows: | 6 | | (105 ILCS 5/26-18 new) | 7 | | Sec. 26-18. Chronic absenteeism report and support. | 8 | | (a) As used in this Section: | 9 | | "Chronic absence" means absences that total 10% or more of | 10 | | school days of the most recent academic school year, including | 11 | | absences with and without valid cause, as defined in Section | 12 | | 26-2a of this Code, and out-of-school suspensions for an | 13 | | enrolled student. | 14 | | "Student" means any enrolled student that is subject to | 15 | | compulsory attendance under Section 26-1 of this Code but does | 16 | | not mean a student for whom a documented homebound or hospital | 17 | | record is on file during the student's absence from school. | 18 | | (b) The General Assembly finds that: | 19 | | (1) The early years are a critical period in children's | 20 | | learning and development. Every child should be counted | 21 | | present every day. Every day of school matters. | 22 | | (2) Being absent too many days from school can make it | 23 | | difficult for students to stay on-track academically and |
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| 1 | | maintain the momentum to graduate from high school in order | 2 | | to be college-or career-ready. | 3 | | (3) Every day of school attendance matters for all | 4 | | students and their families. It is crucial, therefore, that | 5 | | the implications of chronic absence be understood and | 6 | | reviewed regularly. | 7 | | (c) Beginning July 1, 2018, every school district, charter | 8 | | school, or alternative school or any school receiving public | 9 | | funds shall collect and review its chronic absence data and | 10 | | determine what systems of support and resources are needed to | 11 | | engage chronically absent students and their families to | 12 | | encourage the habit of daily attendance and promote success. | 13 | | The review shall include an analysis of chronic absence data | 14 | | from each attendance center or campus of the school district, | 15 | | charter school, or alternative school or other school receiving | 16 | | public funds. | 17 | | (d) School districts, charter schools, or alternative | 18 | | schools or any school receiving public funds are encouraged to | 19 | | provide a system of support to students who are at risk of | 20 | | reaching or exceeding chronic absence levels with strategies | 21 | | such as those available through the Illinois Multi-tiered | 22 | | Systems of Support Network. Schools additionally are | 23 | | encouraged to make resources available to families such as | 24 | | those available through the State Board of Education's Family | 25 | | Engagement Framework to support and engage students and their | 26 | | families to encourage heightened school engagement and |
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| 1 | | improved daily school attendance.
| 2 | | (105 ILCS 5/27A-5)
| 3 | | (Text of Section before amendment by P.A. 99-927 )
| 4 | | Sec. 27A-5. Charter school; legal entity; requirements.
| 5 | | (a) A charter school shall be a public, nonsectarian, | 6 | | nonreligious, non-home
based, and non-profit school. A charter | 7 | | school shall be organized and operated
as a nonprofit | 8 | | corporation or other discrete, legal, nonprofit entity
| 9 | | authorized under the laws of the State of Illinois.
| 10 | | (b) A charter school may be established under this Article | 11 | | by creating a new
school or by converting an existing public | 12 | | school or attendance center to
charter
school status.
Beginning | 13 | | on April 16, 2003 (the effective date of Public Act 93-3), in | 14 | | all new
applications to establish
a charter
school in a city | 15 | | having a population exceeding 500,000, operation of the
charter
| 16 | | school shall be limited to one campus. The changes made to this | 17 | | Section by Public Act 93-3 do not apply to charter schools | 18 | | existing or approved on or before April 16, 2003 (the
effective | 19 | | date of Public Act 93-3). | 20 | | (b-5) In this subsection (b-5), "virtual-schooling" means | 21 | | a cyber school where students engage in online curriculum and | 22 | | instruction via the Internet and electronic communication with | 23 | | their teachers at remote locations and with students | 24 | | participating at different times. | 25 | | From April 1, 2013 through December 31, 2016, there is a |
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| 1 | | moratorium on the establishment of charter schools with | 2 | | virtual-schooling components in school districts other than a | 3 | | school district organized under Article 34 of this Code. This | 4 | | moratorium does not apply to a charter school with | 5 | | virtual-schooling components existing or approved prior to | 6 | | April 1, 2013 or to the renewal of the charter of a charter | 7 | | school with virtual-schooling components already approved | 8 | | prior to April 1, 2013. | 9 | | On or before March 1, 2014, the Commission shall submit to | 10 | | the General Assembly a report on the effect of | 11 | | virtual-schooling, including without limitation the effect on | 12 | | student performance, the costs associated with | 13 | | virtual-schooling, and issues with oversight. The report shall | 14 | | include policy recommendations for virtual-schooling.
| 15 | | (c) A charter school shall be administered and governed by | 16 | | its board of
directors or other governing body
in the manner | 17 | | provided in its charter. The governing body of a charter school
| 18 | | shall be subject to the Freedom of Information Act and the Open | 19 | | Meetings Act.
| 20 | | (d) For purposes of this subsection (d), "non-curricular | 21 | | health and safety requirement" means any health and safety | 22 | | requirement created by statute or rule to provide, maintain, | 23 | | preserve, or safeguard safe or healthful conditions for | 24 | | students and school personnel or to eliminate, reduce, or | 25 | | prevent threats to the health and safety of students and school | 26 | | personnel. "Non-curricular health and safety requirement" does |
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| 1 | | not include any course of study or specialized instructional | 2 | | requirement for which the State Board has established goals and | 3 | | learning standards or which is designed primarily to impart | 4 | | knowledge and skills for students to master and apply as an | 5 | | outcome of their education. | 6 | | A charter school shall comply with all non-curricular | 7 | | health and safety
requirements applicable to public schools | 8 | | under the laws of the State of
Illinois. On or before September | 9 | | 1, 2015, the State Board shall promulgate and post on its | 10 | | Internet website a list of non-curricular health and safety | 11 | | requirements that a charter school must meet. The list shall be | 12 | | updated annually no later than September 1. Any charter | 13 | | contract between a charter school and its authorizer must | 14 | | contain a provision that requires the charter school to follow | 15 | | the list of all non-curricular health and safety requirements | 16 | | promulgated by the State Board and any non-curricular health | 17 | | and safety requirements added by the State Board to such list | 18 | | during the term of the charter. Nothing in this subsection (d) | 19 | | precludes an authorizer from including non-curricular health | 20 | | and safety requirements in a charter school contract that are | 21 | | not contained in the list promulgated by the State Board, | 22 | | including non-curricular health and safety requirements of the | 23 | | authorizing local school board.
| 24 | | (e) Except as otherwise provided in the School Code, a | 25 | | charter school shall
not charge tuition; provided that a | 26 | | charter school may charge reasonable fees
for textbooks, |
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| 1 | | instructional materials, and student activities.
| 2 | | (f) A charter school shall be responsible for the | 3 | | management and operation
of its fiscal affairs including,
but | 4 | | not limited to, the preparation of its budget. An audit of each | 5 | | charter
school's finances shall be conducted annually by an | 6 | | outside, independent
contractor retained by the charter | 7 | | school. To ensure financial accountability for the use of | 8 | | public funds, on or before December 1 of every year of | 9 | | operation, each charter school shall submit to its authorizer | 10 | | and the State Board a copy of its audit and a copy of the Form | 11 | | 990 the charter school filed that year with the federal | 12 | | Internal Revenue Service. In addition, if deemed necessary for | 13 | | proper financial oversight of the charter school, an authorizer | 14 | | may require quarterly financial statements from each charter | 15 | | school.
| 16 | | (g) A charter school shall comply with all provisions of | 17 | | this Article, the Illinois Educational Labor Relations Act, all | 18 | | federal and State laws and rules applicable to public schools | 19 | | that pertain to special education and the instruction of | 20 | | English learners, and
its charter. A charter
school is exempt | 21 | | from all other State laws and regulations in this Code
| 22 | | governing public
schools and local school board policies; | 23 | | however, a charter school is not exempt from the following:
| 24 | | (1) Sections 10-21.9 and 34-18.5 of this Code regarding | 25 | | criminal
history records checks and checks of the Statewide | 26 | | Sex Offender Database and Statewide Murderer and Violent |
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| 1 | | Offender Against Youth Database of applicants for | 2 | | employment;
| 3 | | (2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and | 4 | | 34-84a of this Code regarding discipline of
students;
| 5 | | (3) the Local Governmental and Governmental Employees | 6 | | Tort Immunity Act;
| 7 | | (4) Section 108.75 of the General Not For Profit | 8 | | Corporation Act of 1986
regarding indemnification of | 9 | | officers, directors, employees, and agents;
| 10 | | (5) the Abused and Neglected Child Reporting Act;
| 11 | | (6) the Illinois School Student Records Act;
| 12 | | (7) Section 10-17a of this Code regarding school report | 13 | | 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; and | 19 | | (11) Section 22-80 of this Code ; and . | 20 | | (12) Section 26-18 of this Code. | 21 | | The change made by Public Act 96-104 to this subsection (g) | 22 | | is declaratory of existing law. | 23 | | (h) A charter school may negotiate and contract with a | 24 | | school district, the
governing body of a State college or | 25 | | university or public community college, or
any other public or | 26 | | for-profit or nonprofit private entity for: (i) the use
of a |
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| 1 | | school building and grounds or any other real property or | 2 | | facilities that
the charter school desires to use or convert | 3 | | for use as a charter school site,
(ii) the operation and | 4 | | maintenance thereof, and
(iii) the provision of any service, | 5 | | activity, or undertaking that the charter
school is required to | 6 | | perform in order to carry out the terms of its charter.
| 7 | | However, a charter school
that is established on
or
after April | 8 | | 16, 2003 (the effective date of Public Act 93-3) and that | 9 | | operates
in a city having a population exceeding
500,000 may | 10 | | not contract with a for-profit entity to
manage or operate the | 11 | | school during the period that commences on April 16, 2003 (the
| 12 | | effective date of Public Act 93-3) and
concludes at the end of | 13 | | the 2004-2005 school year.
Except as provided in subsection (i) | 14 | | of this Section, a school district may
charge a charter school | 15 | | reasonable rent for the use of the district's
buildings, | 16 | | grounds, and facilities. Any services for which a charter | 17 | | school
contracts
with a school district shall be provided by | 18 | | the district at cost. Any services
for which a charter school | 19 | | contracts with a local school board or with the
governing body | 20 | | of a State college or university or public community college
| 21 | | shall be provided by the public entity at cost.
| 22 | | (i) In no event shall a charter school that is established | 23 | | by converting an
existing school or attendance center to | 24 | | charter school status be required to
pay rent for space
that is | 25 | | deemed available, as negotiated and provided in the charter | 26 | | agreement,
in school district
facilities. However, all other |
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| 1 | | costs for the operation and maintenance of
school district | 2 | | facilities that are used by the charter school shall be subject
| 3 | | to negotiation between
the charter school and the local school | 4 | | board and shall be set forth in the
charter.
| 5 | | (j) A charter school may limit student enrollment by age or | 6 | | grade level.
| 7 | | (k) If the charter school is approved by the Commission, | 8 | | then the Commission charter school is its own local education | 9 | | agency. | 10 | | (Source: P.A. 98-16, eff. 5-24-13; 98-639, eff. 6-9-14; 98-669, | 11 | | eff. 6-26-14; 98-739, eff. 7-16-14; 98-783, eff. 1-1-15; | 12 | | 98-1059, eff. 8-26-14; 98-1102, eff. 8-26-14; 99-30, eff. | 13 | | 7-10-15; 99-78, eff. 7-20-15; 99-245, eff. 8-3-15; 99-325, eff. | 14 | | 8-10-15; 99-456, eff. 9-15-16; 99-642, eff. 7-28-16.) | 15 | | (Text of Section after amendment by P.A. 99-927 )
| 16 | | Sec. 27A-5. Charter school; legal entity; requirements.
| 17 | | (a) A charter school shall be a public, nonsectarian, | 18 | | nonreligious, non-home
based, and non-profit school. A charter | 19 | | school shall be organized and operated
as a nonprofit | 20 | | corporation or other discrete, legal, nonprofit entity
| 21 | | authorized under the laws of the State of Illinois.
| 22 | | (b) A charter school may be established under this Article | 23 | | by creating a new
school or by converting an existing public | 24 | | school or attendance center to
charter
school status.
Beginning | 25 | | on April 16, 2003 (the effective date of Public Act 93-3), in |
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| 1 | | all new
applications to establish
a charter
school in a city | 2 | | having a population exceeding 500,000, operation of the
charter
| 3 | | school shall be limited to one campus. The changes made to this | 4 | | Section by Public Act 93-3 do not apply to charter schools | 5 | | existing or approved on or before April 16, 2003 (the
effective | 6 | | date of Public Act 93-3). | 7 | | (b-5) In this subsection (b-5), "virtual-schooling" means | 8 | | a cyber school where students engage in online curriculum and | 9 | | instruction via the Internet and electronic communication with | 10 | | their teachers at remote locations and with students | 11 | | participating at different times. | 12 | | From April 1, 2013 through December 31, 2016, there is a | 13 | | moratorium on the establishment of charter schools with | 14 | | virtual-schooling components in school districts other than a | 15 | | school district organized under Article 34 of this Code. This | 16 | | moratorium does not apply to a charter school with | 17 | | virtual-schooling components existing or approved prior to | 18 | | April 1, 2013 or to the renewal of the charter of a charter | 19 | | school with virtual-schooling components already approved | 20 | | prior to April 1, 2013. | 21 | | On or before March 1, 2014, the Commission shall submit to | 22 | | the General Assembly a report on the effect of | 23 | | virtual-schooling, including without limitation the effect on | 24 | | student performance, the costs associated with | 25 | | virtual-schooling, and issues with oversight. The report shall | 26 | | include policy recommendations for virtual-schooling.
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| 1 | | (c) A charter school shall be administered and governed by | 2 | | its board of
directors or other governing body
in the manner | 3 | | provided in its charter. The governing body of a charter school
| 4 | | shall be subject to the Freedom of Information Act and the Open | 5 | | Meetings Act.
| 6 | | (d) For purposes of this subsection (d), "non-curricular | 7 | | health and safety requirement" means any health and safety | 8 | | requirement created by statute or rule to provide, maintain, | 9 | | preserve, or safeguard safe or healthful conditions for | 10 | | students and school personnel or to eliminate, reduce, or | 11 | | prevent threats to the health and safety of students and school | 12 | | personnel. "Non-curricular health and safety requirement" does | 13 | | not include any course of study or specialized instructional | 14 | | requirement for which the State Board has established goals and | 15 | | learning standards or which is designed primarily to impart | 16 | | knowledge and skills for students to master and apply as an | 17 | | outcome of their education. | 18 | | A charter school shall comply with all non-curricular | 19 | | health and safety
requirements applicable to public schools | 20 | | under the laws of the State of
Illinois. On or before September | 21 | | 1, 2015, the State Board shall promulgate and post on its | 22 | | Internet website a list of non-curricular health and safety | 23 | | requirements that a charter school must meet. The list shall be | 24 | | updated annually no later than September 1. Any charter | 25 | | contract between a charter school and its authorizer must | 26 | | contain a provision that requires the charter school to follow |
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| 1 | | the list of all non-curricular health and safety requirements | 2 | | promulgated by the State Board and any non-curricular health | 3 | | and safety requirements added by the State Board to such list | 4 | | during the term of the charter. Nothing in this subsection (d) | 5 | | precludes an authorizer from including non-curricular health | 6 | | and safety requirements in a charter school contract that are | 7 | | not contained in the list promulgated by the State Board, | 8 | | including non-curricular health and safety requirements of the | 9 | | authorizing local school board.
| 10 | | (e) Except as otherwise provided in the School Code, a | 11 | | charter school shall
not charge tuition; provided that a | 12 | | charter school may charge reasonable fees
for textbooks, | 13 | | instructional materials, and student activities.
| 14 | | (f) A charter school shall be responsible for the | 15 | | management and operation
of its fiscal affairs including,
but | 16 | | not limited to, the preparation of its budget. An audit of each | 17 | | charter
school's finances shall be conducted annually by an | 18 | | outside, independent
contractor retained by the charter | 19 | | school. To ensure financial accountability for the use of | 20 | | public funds, on or before December 1 of every year of | 21 | | operation, each charter school shall submit to its authorizer | 22 | | and the State Board a copy of its audit and a copy of the Form | 23 | | 990 the charter school filed that year with the federal | 24 | | Internal Revenue Service. In addition, if deemed necessary for | 25 | | proper financial oversight of the charter school, an authorizer | 26 | | may require quarterly financial statements from each charter |
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| 1 | | school.
| 2 | | (g) A charter school shall comply with all provisions of | 3 | | this Article, the Illinois Educational Labor Relations Act, all | 4 | | federal and State laws and rules applicable to public schools | 5 | | that pertain to special education and the instruction of | 6 | | English learners, and
its charter. A charter
school is exempt | 7 | | from all other State laws and regulations in this Code
| 8 | | governing public
schools and local school board policies; | 9 | | however, a charter school is not exempt from the following:
| 10 | | (1) Sections 10-21.9 and 34-18.5 of this Code regarding | 11 | | criminal
history records checks and checks of the Statewide | 12 | | Sex Offender Database and Statewide Murderer and Violent | 13 | | Offender Against Youth Database of applicants for | 14 | | employment;
| 15 | | (2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and | 16 | | 34-84a of this Code regarding discipline of
students;
| 17 | | (3) the Local Governmental and Governmental Employees | 18 | | Tort Immunity Act;
| 19 | | (4) Section 108.75 of the General Not For Profit | 20 | | Corporation Act of 1986
regarding indemnification of | 21 | | officers, directors, employees, and agents;
| 22 | | (5) the Abused and Neglected Child Reporting Act;
| 23 | | (6) the Illinois School Student Records Act;
| 24 | | (7) Section 10-17a of this Code regarding school report | 25 | | cards;
| 26 | | (8) the P-20 Longitudinal Education Data System Act; |
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| 1 | | (9) Section 27-23.7 of this Code regarding bullying | 2 | | prevention; | 3 | | (10) Section 2-3.162 of this Code regarding student | 4 | | discipline reporting; and | 5 | | (11) Sections 22-80 and 27-8.1 of this Code ; and . | 6 | | (12) Section 26-18 of this Code. | 7 | | The change made by Public Act 96-104 to this subsection (g) | 8 | | is declaratory of existing law. | 9 | | (h) A charter school may negotiate and contract with a | 10 | | school district, the
governing body of a State college or | 11 | | university or public community college, or
any other public or | 12 | | for-profit or nonprofit private entity for: (i) the use
of a | 13 | | school building and grounds or any other real property or | 14 | | facilities that
the charter school desires to use or convert | 15 | | for use as a charter school site,
(ii) the operation and | 16 | | maintenance thereof, and
(iii) the provision of any service, | 17 | | activity, or undertaking that the charter
school is required to | 18 | | perform in order to carry out the terms of its charter.
| 19 | | However, a charter school
that is established on
or
after April | 20 | | 16, 2003 (the effective date of Public Act 93-3) and that | 21 | | operates
in a city having a population exceeding
500,000 may | 22 | | not contract with a for-profit entity to
manage or operate the | 23 | | school during the period that commences on April 16, 2003 (the
| 24 | | effective date of Public Act 93-3) and
concludes at the end of | 25 | | the 2004-2005 school year.
Except as provided in subsection (i) | 26 | | of this Section, a school district may
charge a charter school |
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| 1 | | reasonable rent for the use of the district's
buildings, | 2 | | grounds, and facilities. Any services for which a charter | 3 | | school
contracts
with a school district shall be provided by | 4 | | the district at cost. Any services
for which a charter school | 5 | | contracts with a local school board or with the
governing body | 6 | | of a State college or university or public community college
| 7 | | shall be provided by the public entity at cost.
| 8 | | (i) In no event shall a charter school that is established | 9 | | by converting an
existing school or attendance center to | 10 | | charter school status be required to
pay rent for space
that is | 11 | | deemed available, as negotiated and provided in the charter | 12 | | agreement,
in school district
facilities. However, all other | 13 | | costs for the operation and maintenance of
school district | 14 | | facilities that are used by the charter school shall be subject
| 15 | | to negotiation between
the charter school and the local school | 16 | | board and shall be set forth in the
charter.
| 17 | | (j) A charter school may limit student enrollment by age or | 18 | | grade level.
| 19 | | (k) If the charter school is approved by the Commission, | 20 | | then the Commission charter school is its own local education | 21 | | agency. | 22 | | (Source: P.A. 98-16, eff. 5-24-13; 98-639, eff. 6-9-14; 98-669, | 23 | | eff. 6-26-14; 98-739, eff. 7-16-14; 98-783, eff. 1-1-15; | 24 | | 98-1059, eff. 8-26-14; 98-1102, eff. 8-26-14; 99-30, eff. | 25 | | 7-10-15; 99-78, eff. 7-20-15; 99-245, eff. 8-3-15; 99-325, eff. | 26 | | 8-10-15; 99-456, eff. 9-15-16; 99-642, eff. 7-28-16; 99-927, |
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| 1 | | eff. 6-1-17.)
| 2 | | Section 95. No acceleration or delay. Where this Act makes | 3 | | changes in a statute that is represented in this Act by text | 4 | | that is not yet or no longer in effect (for example, a Section | 5 | | represented by multiple versions), the use of that text does | 6 | | not accelerate or delay the taking effect of (i) the changes | 7 | | made by this Act or (ii) provisions derived from any other | 8 | | Public Act.
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