Full Text of HB5552 102nd General Assembly
HB5552ham001 102ND GENERAL ASSEMBLY | Rep. Anne Stava-Murray Filed: 2/28/2022
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| 1 | | AMENDMENT TO HOUSE BILL 5552
| 2 | | AMENDMENT NO. ______. Amend House Bill 5552 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The School Code is amended by adding Section | 5 | | 22-94 and by changing Section 27A-5 as follows: | 6 | | (105 ILCS 5/22-94 new) | 7 | | Sec. 22-94. Protection from discipline sanctions for | 8 | | peaceful protests. A school district operating one or more | 9 | | high schools, a charter school, or a private secondary school | 10 | | shall not make or enforce a rule subjecting a high school | 11 | | student to disciplinary sanctions solely on the basis of | 12 | | engaging in peaceful protest off school grounds and outside of | 13 | | school hours. For purposes of this Section, school hours | 14 | | include the hours of the official school day, school-related | 15 | | activities or events, and travel to and from school or | 16 | | school-related activities or events.
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| 1 | | (105 ILCS 5/27A-5)
| 2 | | (Text of Section before amendment by P.A. 102-157 and P.A. | 3 | | 102-466 ) | 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.
| 13 | | Beginning on April 16, 2003 (the effective date of Public Act | 14 | | 93-3), in all new
applications to establish
a charter
school | 15 | | in a city having a population exceeding 500,000, operation of | 16 | | the
charter
school shall be limited to one campus. The changes | 17 | | made to this Section by Public Act 93-3 do not apply to charter | 18 | | schools existing or approved on or before April 16, 2003 (the
| 19 | | effective 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 | | (c) A charter school shall be administered and governed by | 10 | | its board of
directors or other governing body
in the manner | 11 | | provided in its charter. The governing body of a charter | 12 | | school
shall be subject to the Freedom of Information Act and | 13 | | the Open Meetings Act. No later than January 1, 2021 (one year | 14 | | after the effective date of Public Act 101-291), a charter | 15 | | school's board of directors or other governing body must | 16 | | include at least one parent or guardian of a pupil currently | 17 | | enrolled in the charter school who may be selected through the | 18 | | charter school or a charter network election, appointment by | 19 | | the charter school's board of directors or other governing | 20 | | body, or by the charter school's Parent Teacher Organization | 21 | | or its equivalent. | 22 | | (c-5) No later than January 1, 2021 (one year after the | 23 | | effective date of Public Act 101-291) or within the first year | 24 | | of his or her first term, every voting member of a charter | 25 | | school's board of directors or other governing body shall | 26 | | complete a minimum of 4 hours of professional development |
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| 1 | | leadership training to ensure that each member has sufficient | 2 | | familiarity with the board's or governing body's role and | 3 | | responsibilities, including financial oversight and | 4 | | accountability of the school, evaluating the principal's and | 5 | | school's performance, adherence to the Freedom of Information | 6 | | Act and the Open Meetings Act, and compliance with education | 7 | | and labor law. In each subsequent year of his or her term, a | 8 | | voting member of a charter school's board of directors or | 9 | | other governing body shall complete a minimum of 2 hours of | 10 | | professional development training in these same areas. The | 11 | | training under this subsection may be provided or certified by | 12 | | a statewide charter school membership association or may be | 13 | | provided or certified by other qualified providers approved by | 14 | | the State Board of Education.
| 15 | | (d) For purposes of this subsection (d), "non-curricular | 16 | | health and safety requirement" means any health and safety | 17 | | requirement created by statute or rule to provide, maintain, | 18 | | preserve, or safeguard safe or healthful conditions for | 19 | | students and school personnel or to eliminate, reduce, or | 20 | | prevent threats to the health and safety of students and | 21 | | school personnel. "Non-curricular health and safety | 22 | | requirement" does not include any course of study or | 23 | | specialized instructional requirement for which the State | 24 | | Board has established goals and learning standards or which is | 25 | | designed primarily to impart knowledge and skills for students | 26 | | to master and apply as an outcome of their education. |
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| 1 | | A charter school shall comply with all non-curricular | 2 | | health and safety
requirements applicable to public schools | 3 | | under the laws of the State of
Illinois. On or before September | 4 | | 1, 2015, the State Board shall promulgate and post on its | 5 | | Internet website a list of non-curricular health and safety | 6 | | requirements that a charter school must meet. The list shall | 7 | | be updated annually no later than September 1. Any charter | 8 | | contract between a charter school and its authorizer must | 9 | | contain a provision that requires the charter school to follow | 10 | | the list of all non-curricular health and safety requirements | 11 | | promulgated by the State Board and any non-curricular health | 12 | | and safety requirements added by the State Board to such list | 13 | | during the term of the charter. Nothing in this subsection (d) | 14 | | precludes an authorizer from including non-curricular health | 15 | | and safety requirements in a charter school contract that are | 16 | | not contained in the list promulgated by the State Board, | 17 | | including non-curricular health and safety requirements of the | 18 | | authorizing local school board.
| 19 | | (e) Except as otherwise provided in the School Code, a | 20 | | charter school shall
not charge tuition; provided that a | 21 | | charter school may charge reasonable fees
for textbooks, | 22 | | instructional materials, and student activities.
| 23 | | (f) A charter school shall be responsible for the | 24 | | management and operation
of its fiscal affairs, including,
but | 25 | | not limited to, the preparation of its budget. An audit of each | 26 | | charter
school's finances shall be conducted annually by an |
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| 1 | | outside, independent
contractor retained by the charter | 2 | | school. The contractor shall not be an employee of the charter | 3 | | school or affiliated with the charter school or its authorizer | 4 | | in any way, other than to audit the charter school's finances. | 5 | | To ensure financial accountability for the use of public | 6 | | funds, on or before December 1 of every year of operation, each | 7 | | charter school shall submit to its authorizer and the State | 8 | | Board a copy of its audit and a copy of the Form 990 the | 9 | | charter school filed that year with the federal Internal | 10 | | Revenue Service. In addition, if deemed necessary for proper | 11 | | financial oversight of the charter school, an authorizer may | 12 | | require quarterly financial statements from each charter | 13 | | school.
| 14 | | (g) A charter school shall comply with all provisions of | 15 | | this Article, the Illinois Educational Labor Relations Act, | 16 | | all federal and State laws and rules applicable to public | 17 | | schools that pertain to special education and the instruction | 18 | | of English learners, and
its charter. A charter
school is | 19 | | exempt from all other State laws and regulations in this Code
| 20 | | governing public
schools and local school board policies; | 21 | | however, a charter school is not exempt from the following:
| 22 | | (1) Sections 10-21.9 and 34-18.5 of this Code | 23 | | regarding criminal
history records checks and checks of | 24 | | the Statewide Sex Offender Database and Statewide Murderer | 25 | | and Violent Offender Against Youth Database of applicants | 26 | | for employment;
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| 1 | | (2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and | 2 | | 34-84a of this Code regarding discipline of
students;
| 3 | | (3) the Local Governmental and Governmental Employees | 4 | | Tort Immunity Act;
| 5 | | (4) Section 108.75 of the General Not For Profit | 6 | | Corporation Act of 1986
regarding indemnification of | 7 | | officers, directors, employees, and agents;
| 8 | | (5) the Abused and Neglected Child Reporting Act;
| 9 | | (5.5) subsection (b) of Section 10-23.12 and | 10 | | subsection (b) of Section 34-18.6 of this Code; | 11 | | (6) the Illinois School Student Records Act;
| 12 | | (7) Section 10-17a of this Code regarding school | 13 | | report cards;
| 14 | | (8) the P-20 Longitudinal Education Data System Act; | 15 | | (9) Section 27-23.7 of this Code regarding bullying | 16 | | prevention; | 17 | | (10) Section 2-3.162 of this Code regarding student | 18 | | discipline reporting; | 19 | | (11) Sections 22-80 and 27-8.1 of this Code; | 20 | | (12) Sections 10-20.60 and 34-18.53 of this Code; | 21 | | (13) Sections 10-20.63 and 34-18.56 of this Code; | 22 | | (14) Section 26-18 of this Code; | 23 | | (15) Section 22-30 of this Code; | 24 | | (16) Sections 24-12 and 34-85 of this Code; and | 25 | | (17) the Seizure Smart School Act; | 26 | | (18) Section 2-3.64a-10 of this Code; and |
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| 1 | | (19) (18) Sections 10-20.73 and 34-21.9 of this Code ; . | 2 | | (20) (19) Section 10-22.25b of this Code ; . | 3 | | (21) (19) Section 27-9.1a of this Code; | 4 | | (22) (20) Section 27-9.1b of this Code; and | 5 | | (23) (21) Section 34-18.8 of this Code ; . | 6 | | (25) (19) Section 2-3.188 of this Code; and | 7 | | (26) (20) Section 22-85.5 of this Code ; and . | 8 | | (27) Section 22-94 of this Code. | 9 | | The change made by Public Act 96-104 to this subsection | 10 | | (g) is declaratory of existing law. | 11 | | (h) A charter school may negotiate and contract with a | 12 | | school district, the
governing body of a State college or | 13 | | university or public community college, or
any other public or | 14 | | for-profit or nonprofit private entity for: (i) the use
of a | 15 | | school building and grounds or any other real property or | 16 | | facilities that
the charter school desires to use or convert | 17 | | for use as a charter school site,
(ii) the operation and | 18 | | maintenance thereof, and
(iii) the provision of any service, | 19 | | activity, or undertaking that the charter
school is required | 20 | | to perform in order to carry out the terms of its charter.
| 21 | | However, a charter school
that is established on
or
after | 22 | | April 16, 2003 (the effective date of Public Act 93-3) and that | 23 | | operates
in a city having a population exceeding
500,000 may | 24 | | not contract with a for-profit entity to
manage or operate the | 25 | | school during the period that commences on April 16, 2003 (the
| 26 | | effective date of Public Act 93-3) and
concludes at the end of |
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| 1 | | the 2004-2005 school year.
Except as provided in subsection | 2 | | (i) of this Section, a school district may
charge a charter | 3 | | school reasonable rent for the use of the district's
| 4 | | buildings, grounds, and facilities. Any services for which a | 5 | | charter school
contracts
with a school district shall be | 6 | | provided by the district at cost. Any services
for which a | 7 | | charter school contracts with a local school board or with the
| 8 | | governing body of a State college or university or public | 9 | | community college
shall be provided by the public entity at | 10 | | cost.
| 11 | | (i) In no event shall a charter school that is established | 12 | | by converting an
existing school or attendance center to | 13 | | charter school status be required to
pay rent for space
that is | 14 | | deemed available, as negotiated and provided in the charter | 15 | | agreement,
in school district
facilities. However, all other | 16 | | costs for the operation and maintenance of
school district | 17 | | facilities that are used by the charter school shall be | 18 | | subject
to negotiation between
the charter school and the | 19 | | local school board and shall be set forth in the
charter.
| 20 | | (j) A charter school may limit student enrollment by age | 21 | | or grade level.
| 22 | | (k) If the charter school is approved by the State Board or | 23 | | Commission, then the charter school is its own local education | 24 | | agency. | 25 | | (Source: P.A. 101-50, eff. 7-1-20; 101-81, eff. 7-12-19; | 26 | | 101-291, eff. 1-1-20; 101-531, eff. 8-23-19; 101-543, eff. |
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| 1 | | 8-23-19; 101-654, eff. 3-8-21; 102-51, eff. 7-9-21; 102-360, | 2 | | eff. 1-1-22; 102-445, eff. 8-20-21; 102-522, eff. 8-20-21; | 3 | | 102-558, eff. 8-20-21; 102-676, eff. 12-3-21; revised | 4 | | 12-21-21.) | 5 | | (Text of Section after amendment by P.A. 102-157 but | 6 | | before amendment by P.A. 102-466 )
| 7 | | Sec. 27A-5. Charter school; legal entity; requirements.
| 8 | | (a) A charter school shall be a public, nonsectarian, | 9 | | nonreligious, non-home
based, and non-profit school. A charter | 10 | | school shall be organized and operated
as a nonprofit | 11 | | corporation or other discrete, legal, nonprofit entity
| 12 | | authorized under the laws of the State of Illinois.
| 13 | | (b) A charter school may be established under this Article | 14 | | by creating a new
school or by converting an existing public | 15 | | school or attendance center to
charter
school status.
| 16 | | Beginning on April 16, 2003 (the effective date of Public Act | 17 | | 93-3), in all new
applications to establish
a charter
school | 18 | | in a city having a population exceeding 500,000, operation of | 19 | | the
charter
school shall be limited to one campus. The changes | 20 | | made to this Section by Public Act 93-3 do not apply to charter | 21 | | schools existing or approved on or before April 16, 2003 (the
| 22 | | effective date of Public Act 93-3). | 23 | | (b-5) In this subsection (b-5), "virtual-schooling" means | 24 | | a cyber school where students engage in online curriculum and | 25 | | instruction via the Internet and electronic communication with |
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| 1 | | their teachers at remote locations and with students | 2 | | participating at different times. | 3 | | From April 1, 2013 through December 31, 2016, there is a | 4 | | moratorium on the establishment of charter schools with | 5 | | virtual-schooling components in school districts other than a | 6 | | school district organized under Article 34 of this Code. This | 7 | | moratorium does not apply to a charter school with | 8 | | virtual-schooling components existing or approved prior to | 9 | | April 1, 2013 or to the renewal of the charter of a charter | 10 | | school with virtual-schooling components already approved | 11 | | prior to April 1, 2013.
| 12 | | (c) A charter school shall be administered and governed by | 13 | | its board of
directors or other governing body
in the manner | 14 | | provided in its charter. The governing body of a charter | 15 | | school
shall be subject to the Freedom of Information Act and | 16 | | the Open Meetings Act. No later than January 1, 2021 (one year | 17 | | after the effective date of Public Act 101-291), a charter | 18 | | school's board of directors or other governing body must | 19 | | include at least one parent or guardian of a pupil currently | 20 | | enrolled in the charter school who may be selected through the | 21 | | charter school or a charter network election, appointment by | 22 | | the charter school's board of directors or other governing | 23 | | body, or by the charter school's Parent Teacher Organization | 24 | | or its equivalent. | 25 | | (c-5) No later than January 1, 2021 (one year after the | 26 | | effective date of Public Act 101-291) or within the first year |
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| 1 | | of his or her first term, every voting member of a charter | 2 | | school's board of directors or other governing body shall | 3 | | complete a minimum of 4 hours of professional development | 4 | | leadership training to ensure that each member has sufficient | 5 | | familiarity with the board's or governing body's role and | 6 | | responsibilities, including financial oversight and | 7 | | accountability of the school, evaluating the principal's and | 8 | | school's performance, adherence to the Freedom of Information | 9 | | Act and the Open Meetings Act, and compliance with education | 10 | | and labor law. In each subsequent year of his or her term, a | 11 | | voting member of a charter school's board of directors or | 12 | | other governing body shall complete a minimum of 2 hours of | 13 | | professional development training in these same areas. The | 14 | | training under this subsection may be provided or certified by | 15 | | a statewide charter school membership association or may be | 16 | | provided or certified by other qualified providers approved by | 17 | | the State Board of Education.
| 18 | | (d) For purposes of this subsection (d), "non-curricular | 19 | | health and safety requirement" means any health and safety | 20 | | requirement created by statute or rule to provide, maintain, | 21 | | preserve, or safeguard safe or healthful conditions for | 22 | | students and school personnel or to eliminate, reduce, or | 23 | | prevent threats to the health and safety of students and | 24 | | school personnel. "Non-curricular health and safety | 25 | | requirement" does not include any course of study or | 26 | | specialized instructional requirement for which the State |
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| 1 | | Board has established goals and learning standards or which is | 2 | | designed primarily to impart knowledge and skills for students | 3 | | to master and apply as an outcome of their education. | 4 | | A charter school shall comply with all non-curricular | 5 | | health and safety
requirements applicable to public schools | 6 | | under the laws of the State of
Illinois. On or before September | 7 | | 1, 2015, the State Board shall promulgate and post on its | 8 | | Internet website a list of non-curricular health and safety | 9 | | requirements that a charter school must meet. The list shall | 10 | | be updated annually no later than September 1. Any charter | 11 | | contract between a charter school and its authorizer must | 12 | | contain a provision that requires the charter school to follow | 13 | | the list of all non-curricular health and safety requirements | 14 | | promulgated by the State Board and any non-curricular health | 15 | | and safety requirements added by the State Board to such list | 16 | | during the term of the charter. Nothing in this subsection (d) | 17 | | precludes an authorizer from including non-curricular health | 18 | | and safety requirements in a charter school contract that are | 19 | | not contained in the list promulgated by the State Board, | 20 | | including non-curricular health and safety requirements of the | 21 | | authorizing local school board.
| 22 | | (e) Except as otherwise provided in the School Code, a | 23 | | charter school shall
not charge tuition; provided that a | 24 | | charter school may charge reasonable fees
for textbooks, | 25 | | instructional materials, and student activities.
| 26 | | (f) A charter school shall be responsible for the |
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| 1 | | management and operation
of its fiscal affairs, including,
but | 2 | | not limited to, the preparation of its budget. An audit of each | 3 | | charter
school's finances shall be conducted annually by an | 4 | | outside, independent
contractor retained by the charter | 5 | | school. The contractor shall not be an employee of the charter | 6 | | school or affiliated with the charter school or its authorizer | 7 | | in any way, other than to audit the charter school's finances. | 8 | | To ensure financial accountability for the use of public | 9 | | funds, on or before December 1 of every year of operation, each | 10 | | charter school shall submit to its authorizer and the State | 11 | | Board a copy of its audit and a copy of the Form 990 the | 12 | | charter school filed that year with the federal Internal | 13 | | Revenue Service. In addition, if deemed necessary for proper | 14 | | financial oversight of the charter school, an authorizer may | 15 | | require quarterly financial statements from each charter | 16 | | school.
| 17 | | (g) A charter school shall comply with all provisions of | 18 | | this Article, the Illinois Educational Labor Relations Act, | 19 | | all federal and State laws and rules applicable to public | 20 | | schools that pertain to special education and the instruction | 21 | | of English learners, and
its charter. A charter
school is | 22 | | exempt from all other State laws and regulations in this Code
| 23 | | governing public
schools and local school board policies; | 24 | | however, a charter school is not exempt from the following:
| 25 | | (1) Sections 10-21.9 and 34-18.5 of this Code | 26 | | regarding criminal
history records checks and checks of |
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| 1 | | the Statewide Sex Offender Database and Statewide Murderer | 2 | | and Violent Offender Against Youth Database of applicants | 3 | | for employment;
| 4 | | (2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and | 5 | | 34-84a of this Code regarding discipline of
students;
| 6 | | (3) the Local Governmental and Governmental Employees | 7 | | Tort Immunity Act;
| 8 | | (4) Section 108.75 of the General Not For Profit | 9 | | Corporation Act of 1986
regarding indemnification of | 10 | | officers, directors, employees, and agents;
| 11 | | (5) the Abused and Neglected Child Reporting Act;
| 12 | | (5.5) subsection (b) of Section 10-23.12 and | 13 | | subsection (b) of Section 34-18.6 of this Code; | 14 | | (6) the Illinois School Student Records Act;
| 15 | | (7) Section 10-17a of this Code regarding school | 16 | | report cards;
| 17 | | (8) the P-20 Longitudinal Education Data System Act; | 18 | | (9) Section 27-23.7 of this Code regarding bullying | 19 | | prevention; | 20 | | (10) Section 2-3.162 of this Code regarding student | 21 | | discipline reporting; | 22 | | (11) Sections 22-80 and 27-8.1 of this Code; | 23 | | (12) Sections 10-20.60 and 34-18.53 of this Code; | 24 | | (13) Sections 10-20.63 and 34-18.56 of this Code; | 25 | | (14) Sections 22-90 and 26-18 of this Code; | 26 | | (15) Section 22-30 of this Code; |
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| 1 | | (16) Sections 24-12 and 34-85 of this Code; and | 2 | | (17) the Seizure Smart School Act; | 3 | | (18) Section 2-3.64a-10 of this Code; and | 4 | | (19) (18) Sections 10-20.73 and 34-21.9 of this Code ; . | 5 | | (20) (19) Section 10-22.25b of this Code ; . | 6 | | (21) (19) Section 27-9.1a of this Code; | 7 | | (22) (20) Section 27-9.1b of this Code; and | 8 | | (23) (21) Section 34-18.8 of this Code ; . | 9 | | (25) (19) Section 2-3.188 of this Code; and | 10 | | (26) (20) Section 22-85.5 of this Code ; and . | 11 | | (27) Section 22-94 of this Code. | 12 | | The change made by Public Act 96-104 to this subsection | 13 | | (g) is declaratory of existing law. | 14 | | (h) A charter school may negotiate and contract with a | 15 | | school district, the
governing body of a State college or | 16 | | university or public community college, or
any other public or | 17 | | for-profit or nonprofit private entity for: (i) the use
of a | 18 | | school building and grounds or any other real property or | 19 | | facilities that
the charter school desires to use or convert | 20 | | for use as a charter school site,
(ii) the operation and | 21 | | maintenance thereof, and
(iii) the provision of any service, | 22 | | activity, or undertaking that the charter
school is required | 23 | | to perform in order to carry out the terms of its charter.
| 24 | | However, a charter school
that is established on
or
after | 25 | | April 16, 2003 (the effective date of Public Act 93-3) and that | 26 | | operates
in a city having a population exceeding
500,000 may |
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| 1 | | not contract with a for-profit entity to
manage or operate the | 2 | | school during the period that commences on April 16, 2003 (the
| 3 | | effective date of Public Act 93-3) and
concludes at the end of | 4 | | the 2004-2005 school year.
Except as provided in subsection | 5 | | (i) of this Section, a school district may
charge a charter | 6 | | school reasonable rent for the use of the district's
| 7 | | buildings, grounds, and facilities. Any services for which a | 8 | | charter school
contracts
with a school district shall be | 9 | | provided by the district at cost. Any services
for which a | 10 | | charter school contracts with a local school board or with the
| 11 | | governing body of a State college or university or public | 12 | | community college
shall be provided by the public entity at | 13 | | cost.
| 14 | | (i) In no event shall a charter school that is established | 15 | | by converting an
existing school or attendance center to | 16 | | charter school status be required to
pay rent for space
that is | 17 | | deemed available, as negotiated and provided in the charter | 18 | | agreement,
in school district
facilities. However, all other | 19 | | costs for the operation and maintenance of
school district | 20 | | facilities that are used by the charter school shall be | 21 | | subject
to negotiation between
the charter school and the | 22 | | local school board and shall be set forth in the
charter.
| 23 | | (j) A charter school may limit student enrollment by age | 24 | | or grade level.
| 25 | | (k) If the charter school is approved by the State Board or | 26 | | Commission, then the charter school is its own local education |
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| 1 | | agency. | 2 | | (Source: P.A. 101-50, eff. 7-1-20; 101-81, eff. 7-12-19; | 3 | | 101-291, eff. 1-1-20; 101-531, eff. 8-23-19; 101-543, eff. | 4 | | 8-23-19; 101-654, eff. 3-8-21; 102-51, eff. 7-9-21; 102-157, | 5 | | eff. 7-1-22; 102-360, eff. 1-1-22; 102-445, eff. 8-20-21; | 6 | | 102-522, eff. 8-20-21; 102-558, eff. 8-20-21; 102-676, eff. | 7 | | 12-3-21; revised 12-21-21.) | 8 | | (Text of Section after amendment by P.A. 102-466 ) | 9 | | Sec. 27A-5. Charter school; legal entity; requirements.
| 10 | | (a) A charter school shall be a public, nonsectarian, | 11 | | nonreligious, non-home
based, and non-profit school. A charter | 12 | | school shall be organized and operated
as a nonprofit | 13 | | corporation or other discrete, legal, nonprofit entity
| 14 | | authorized under the laws of the State of Illinois.
| 15 | | (b) A charter school may be established under this Article | 16 | | by creating a new
school or by converting an existing public | 17 | | school or attendance center to
charter
school status.
| 18 | | Beginning on April 16, 2003 (the effective date of Public Act | 19 | | 93-3), in all new
applications to establish
a charter
school | 20 | | in a city having a population exceeding 500,000, operation of | 21 | | the
charter
school shall be limited to one campus. The changes | 22 | | made to this Section by Public Act 93-3 do not apply to charter | 23 | | schools existing or approved on or before April 16, 2003 (the
| 24 | | effective date of Public Act 93-3). | 25 | | (b-5) In this subsection (b-5), "virtual-schooling" means |
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| 1 | | a cyber school where students engage in online curriculum and | 2 | | instruction via the Internet and electronic communication with | 3 | | their teachers at remote locations and with students | 4 | | participating at different times. | 5 | | From April 1, 2013 through December 31, 2016, there is a | 6 | | moratorium on the establishment of charter schools with | 7 | | virtual-schooling components in school districts other than a | 8 | | school district organized under Article 34 of this Code. This | 9 | | moratorium does not apply to a charter school with | 10 | | virtual-schooling components existing or approved prior to | 11 | | April 1, 2013 or to the renewal of the charter of a charter | 12 | | school with virtual-schooling components already approved | 13 | | prior to April 1, 2013.
| 14 | | (c) A charter school shall be administered and governed by | 15 | | its board of
directors or other governing body
in the manner | 16 | | provided in its charter. The governing body of a charter | 17 | | school
shall be subject to the Freedom of Information Act and | 18 | | the Open Meetings Act. No later than January 1, 2021 (one year | 19 | | after the effective date of Public Act 101-291), a charter | 20 | | school's board of directors or other governing body must | 21 | | include at least one parent or guardian of a pupil currently | 22 | | enrolled in the charter school who may be selected through the | 23 | | charter school or a charter network election, appointment by | 24 | | the charter school's board of directors or other governing | 25 | | body, or by the charter school's Parent Teacher Organization | 26 | | or its equivalent. |
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| 1 | | (c-5) No later than January 1, 2021 (one year after the | 2 | | effective date of Public Act 101-291) or within the first year | 3 | | of his or her first term, every voting member of a charter | 4 | | school's board of directors or other governing body shall | 5 | | complete a minimum of 4 hours of professional development | 6 | | leadership training to ensure that each member has sufficient | 7 | | familiarity with the board's or governing body's role and | 8 | | responsibilities, including financial oversight and | 9 | | accountability of the school, evaluating the principal's and | 10 | | school's performance, adherence to the Freedom of Information | 11 | | Act and the Open Meetings Act, and compliance with education | 12 | | and labor law. In each subsequent year of his or her term, a | 13 | | voting member of a charter school's board of directors or | 14 | | other governing body shall complete a minimum of 2 hours of | 15 | | professional development training in these same areas. The | 16 | | training under this subsection may be provided or certified by | 17 | | a statewide charter school membership association or may be | 18 | | provided or certified by other qualified providers approved by | 19 | | the State Board of Education.
| 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 | 26 | | school personnel. "Non-curricular health and safety |
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| 1 | | requirement" does not include any course of study or | 2 | | specialized instructional requirement for which the State | 3 | | Board has established goals and learning standards or which is | 4 | | designed primarily to impart knowledge and skills for students | 5 | | to master and apply as an 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 | 12 | | be 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. The contractor shall not be an employee of the charter | 8 | | school or affiliated with the charter school or its authorizer | 9 | | in any way, other than to audit the charter school's finances. | 10 | | To ensure financial accountability for the use of public | 11 | | funds, on or before December 1 of every year of operation, each | 12 | | charter school shall submit to its authorizer and the State | 13 | | Board a copy of its audit and a copy of the Form 990 the | 14 | | charter school filed that year with the federal Internal | 15 | | Revenue Service. In addition, if deemed necessary for proper | 16 | | financial oversight of the charter school, an authorizer may | 17 | | require quarterly financial statements from each charter | 18 | | school.
| 19 | | (g) A charter school shall comply with all provisions of | 20 | | this Article, the Illinois Educational Labor Relations Act, | 21 | | all federal and State laws and rules applicable to public | 22 | | schools that pertain to special education and the instruction | 23 | | of English learners, and
its charter. A charter
school is | 24 | | exempt from all other State laws and regulations in this Code
| 25 | | governing public
schools and local school board policies; | 26 | | however, a charter school is not exempt from the following:
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| 1 | | (1) Sections 10-21.9 and 34-18.5 of this Code | 2 | | regarding criminal
history records checks and checks of | 3 | | the Statewide Sex Offender Database and Statewide Murderer | 4 | | and Violent Offender Against Youth Database of applicants | 5 | | for employment;
| 6 | | (2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and | 7 | | 34-84a of this Code regarding discipline of
students;
| 8 | | (3) the Local Governmental and Governmental Employees | 9 | | Tort Immunity Act;
| 10 | | (4) Section 108.75 of the General Not For Profit | 11 | | Corporation Act of 1986
regarding indemnification of | 12 | | officers, directors, employees, and agents;
| 13 | | (5) the Abused and Neglected Child Reporting Act;
| 14 | | (5.5) subsection (b) of Section 10-23.12 and | 15 | | subsection (b) of Section 34-18.6 of this Code; | 16 | | (6) the Illinois School Student Records Act;
| 17 | | (7) Section 10-17a of this Code regarding school | 18 | | report cards;
| 19 | | (8) the P-20 Longitudinal Education Data System Act; | 20 | | (9) Section 27-23.7 of this Code regarding bullying | 21 | | prevention; | 22 | | (10) Section 2-3.162 of this Code regarding student | 23 | | discipline reporting; | 24 | | (11) Sections 22-80 and 27-8.1 of this Code; | 25 | | (12) Sections 10-20.60 and 34-18.53 of this Code; | 26 | | (13) Sections 10-20.63 and 34-18.56 of this Code; |
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| 1 | | (14) Sections 22-90 and 26-18 of this Code; | 2 | | (15) Section 22-30 of this Code; | 3 | | (16) Sections 24-12 and 34-85 of this Code; and | 4 | | (17) the Seizure Smart School Act; | 5 | | (18) Section 2-3.64a-10 of this Code; and | 6 | | (19) (18) Sections 10-20.73 and 34-21.9 of this Code ; . | 7 | | (20) (19) Section 10-22.25b of this Code ; . | 8 | | (21) (19) Section 27-9.1a of this Code; | 9 | | (22) (20) Section 27-9.1b of this Code; and | 10 | | (23) (21) Section 34-18.8 of this Code ; . | 11 | | (24) (19) Article 26A of this Code ; . | 12 | | (25) (19) Section 2-3.188 of this Code; and | 13 | | (26) (20) Section 22-85.5 of this Code ; and . | 14 | | (27) Section 22-94 of this Code. | 15 | | The change made by Public Act 96-104 to this subsection | 16 | | (g) is declaratory of existing law. | 17 | | (h) A charter school may negotiate and contract with a | 18 | | school district, the
governing body of a State college or | 19 | | university or public community college, or
any other public or | 20 | | for-profit or nonprofit private entity for: (i) the use
of a | 21 | | school building and grounds or any other real property or | 22 | | facilities that
the charter school desires to use or convert | 23 | | for use as a charter school site,
(ii) the operation and | 24 | | maintenance thereof, and
(iii) the provision of any service, | 25 | | activity, or undertaking that the charter
school is required | 26 | | to perform in order to carry out the terms of its charter.
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| 1 | | However, a charter school
that is established on
or
after | 2 | | April 16, 2003 (the effective date of Public Act 93-3) and that | 3 | | operates
in a city having a population exceeding
500,000 may | 4 | | not contract with a for-profit entity to
manage or operate the | 5 | | school during the period that commences on April 16, 2003 (the
| 6 | | effective date of Public Act 93-3) and
concludes at the end of | 7 | | the 2004-2005 school year.
Except as provided in subsection | 8 | | (i) of this Section, a school district may
charge a charter | 9 | | school reasonable rent for the use of the district's
| 10 | | buildings, grounds, and facilities. Any services for which a | 11 | | charter school
contracts
with a school district shall be | 12 | | provided by the district at cost. Any services
for which a | 13 | | charter school contracts with a local school board or with the
| 14 | | governing body of a State college or university or public | 15 | | community college
shall be provided by the public entity at | 16 | | cost.
| 17 | | (i) In no event shall a charter school that is established | 18 | | by converting an
existing school or attendance center to | 19 | | charter school status be required to
pay rent for space
that is | 20 | | deemed available, as negotiated and provided in the charter | 21 | | agreement,
in school district
facilities. However, all other | 22 | | costs for the operation and maintenance of
school district | 23 | | facilities that are used by the charter school shall be | 24 | | subject
to negotiation between
the charter school and the | 25 | | local 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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| 1 | | or grade level.
| 2 | | (k) If the charter school is approved by the State Board or | 3 | | Commission, then the charter school is its own local education | 4 | | agency. | 5 | | (Source: P.A. 101-50, eff. 7-1-20; 101-81, eff. 7-12-19; | 6 | | 101-291, eff. 1-1-20; 101-531, eff. 8-23-19; 101-543, eff. | 7 | | 8-23-19; 101-654, eff. 3-8-21; 102-51, eff. 7-9-21; 102-157, | 8 | | eff. 7-1-22; 102-360, eff. 1-1-22; 102-445, eff. 8-20-21; | 9 | | 102-466, eff. 7-1-25; 102-522, eff. 8-20-21; 102-558, eff. | 10 | | 8-20-21; 102-676, eff. 12-3-21; revised 12-21-21.)
| 11 | | Section 95. No acceleration or delay. Where this Act makes | 12 | | changes in a statute that is represented in this Act by text | 13 | | that is not yet or no longer in effect (for example, a Section | 14 | | represented by multiple versions), the use of that text does | 15 | | not accelerate or delay the taking effect of (i) the changes | 16 | | made by this Act or (ii) provisions derived from any other | 17 | | Public Act.".
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