Full Text of HB4586 103rd General Assembly
HB4586ham002 103RD GENERAL ASSEMBLY | Rep. Anne Stava-Murray Filed: 4/15/2024 | | 10300HB4586ham002 | | LRB103 35815 RJT 72089 a |
|
| 1 | | AMENDMENT TO HOUSE BILL 4586
| 2 | | AMENDMENT NO. ______. Amend House Bill 4586 by replacing | 3 | | everything after the enacting clause with the following: | 4 | | "Section 5. The School Code is amended by adding Sections | 5 | | 10-20.87 and 34-18.87 and by changing Section 27A-5 as | 6 | | follows: | 7 | | (105 ILCS 5/10-20.87 new) | 8 | | Sec. 10-20.87. Mental health services notification. | 9 | | (a) Beginning with the 2025-2026 school year, each school | 10 | | district shall: | 11 | | (1) notify the parents or guardians of each student | 12 | | enrolled in the school district about any mental health | 13 | | services available in the school in which the student is | 14 | | enrolled, in the school district, or in the community | 15 | | where the school is located; and | 16 | | (2) notify each student enrolled in the school |
| | | 10300HB4586ham002 | - 2 - | LRB103 35815 RJT 72089 a |
|
| 1 | | district who is 12 years of age or older of the following | 2 | | information in an age and developmentally appropriate | 3 | | manner: | 4 | | (A) mental health services available in the school | 5 | | in which the student is enrolled, in the school | 6 | | district, or in the community where the school is | 7 | | located; and | 8 | | (B) the student's right to request to receive | 9 | | counseling services or psychotherapy on an outpatient | 10 | | basis under Section 3-550 of the Mental Health and | 11 | | Developmental Disabilities Code. | 12 | | (b) A school district shall provide the notifications | 13 | | required under subsection (a) at the time of enrollment for | 14 | | students enrolling in the school district for the first time, | 15 | | prior to November 1 of each school year, and after January 1 | 16 | | but prior to March 1 of each school year. A school district | 17 | | shall consider the languages most commonly spoken in the | 18 | | communities where the school district's schools are located | 19 | | when sending notifications to parents or guardians. A school | 20 | | district may refer parents or guardians to the Care Portal | 21 | | established and maintained by the Department of Human Services | 22 | | under Section 11.4 of the Mental Health and Developmental | 23 | | Disabilities Administrative Act. | 24 | | (105 ILCS 5/27A-5) | 25 | | (Text of Section before amendment by P.A. 102-466 and |
| | | 10300HB4586ham002 | - 3 - | LRB103 35815 RJT 72089 a |
|
| 1 | | 103-472 ) | 2 | | Sec. 27A-5. Charter school; legal entity; requirements. | 3 | | (a) A charter school shall be a public, nonsectarian, | 4 | | nonreligious, non-home based, and non-profit school. A charter | 5 | | school shall be organized and operated as a nonprofit | 6 | | corporation or other discrete, legal, nonprofit entity | 7 | | authorized under the laws of the State of Illinois. | 8 | | (b) A charter school may be established under this Article | 9 | | by creating a new school or by converting an existing public | 10 | | school or attendance center to charter school status. In all | 11 | | new applications to establish a charter school in a city | 12 | | having a population exceeding 500,000, operation of the | 13 | | charter school shall be limited to one campus. This limitation | 14 | | does not apply to charter schools existing or approved on or | 15 | | before April 16, 2003. | 16 | | (b-5) (Blank). | 17 | | (c) A charter school shall be administered and governed by | 18 | | its board of directors or other governing body in the manner | 19 | | provided in its charter. The governing body of a charter | 20 | | school shall be subject to the Freedom of Information Act and | 21 | | the Open Meetings Act. A charter school's board of directors | 22 | | or other governing body must include at least one parent or | 23 | | guardian of a pupil currently enrolled in the charter school | 24 | | who may be selected through the charter school or a charter | 25 | | network election, appointment by the charter school's board of | 26 | | directors or other governing body, or by the charter school's |
| | | 10300HB4586ham002 | - 4 - | LRB103 35815 RJT 72089 a |
|
| 1 | | Parent Teacher Organization or its equivalent. | 2 | | (c-5) No later than January 1, 2021 or within the first | 3 | | year 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. | 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 |
| | | 10300HB4586ham002 | - 5 - | LRB103 35815 RJT 72089 a |
|
| 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. The State Board shall | 9 | | promulgate and post on its Internet website a list of | 10 | | non-curricular health and safety requirements that a charter | 11 | | school must meet. The list shall be updated annually no later | 12 | | than September 1. Any charter contract between a charter | 13 | | school and its authorizer must contain a provision that | 14 | | requires the charter school to follow the list of all | 15 | | non-curricular health and safety requirements promulgated by | 16 | | the State Board and any non-curricular health and safety | 17 | | requirements added by the State Board to such list during the | 18 | | term of the charter. Nothing in this subsection (d) precludes | 19 | | an authorizer from including non-curricular health and safety | 20 | | requirements in a charter school contract that are not | 21 | | 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, |
| | | 10300HB4586ham002 | - 6 - | LRB103 35815 RJT 72089 a |
|
| 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: |
| | | 10300HB4586ham002 | - 7 - | LRB103 35815 RJT 72089 a |
|
| 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; |
| | | 10300HB4586ham002 | - 8 - | LRB103 35815 RJT 72089 a |
|
| 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; | 4 | | (17) the Seizure Smart School Act; | 5 | | (18) Section 2-3.64a-10 of this Code; | 6 | | (19) Sections 10-20.73 and 34-21.9 of this Code; | 7 | | (20) Section 10-22.25b of this Code; | 8 | | (21) Section 27-9.1a of this Code; | 9 | | (22) Section 27-9.1b of this Code; | 10 | | (23) Section 34-18.8 of this Code; | 11 | | (25) Section 2-3.188 of this Code; | 12 | | (26) Section 22-85.5 of this Code; | 13 | | (27) subsections (d-10), (d-15), and (d-20) of Section | 14 | | 10-20.56 of this Code; | 15 | | (28) Sections 10-20.83 and 34-18.78 of this Code; | 16 | | (29) Section 10-20.13 of this Code; | 17 | | (30) Section 28-19.2 of this Code; | 18 | | (31) Section 34-21.6 of this Code; and | 19 | | (32) Section 22-85.10 of this Code ; and . | 20 | | (37) Sections 10-20.87 and 34-18.87 of this Code. | 21 | | The change made by Public Act 96-104 to this subsection | 22 | | (g) 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 |
| | | 10300HB4586ham002 | - 9 - | LRB103 35815 RJT 72089 a |
|
| 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 | 6 | | to perform in order to carry out the terms of its charter. | 7 | | Except as provided in subsection (i) of this Section, a school | 8 | | district may charge a charter school reasonable rent for the | 9 | | use of the district's buildings, grounds, and facilities. Any | 10 | | services for which a charter school contracts with a school | 11 | | district shall be provided by the district at cost. Any | 12 | | services for which a charter school contracts with a local | 13 | | school board or with the governing body of a State college or | 14 | | university or public community college shall be provided by | 15 | | the public entity at cost. | 16 | | (i) In no event shall a charter school that is established | 17 | | by converting an existing school or attendance center to | 18 | | charter school status be required to pay rent for space that is | 19 | | deemed available, as negotiated and provided in the charter | 20 | | agreement, in school district facilities. However, all other | 21 | | costs for the operation and maintenance of school district | 22 | | facilities that are used by the charter school shall be | 23 | | subject to negotiation between the charter school and the | 24 | | local school board and shall be set forth in the charter. | 25 | | (j) A charter school may limit student enrollment by age | 26 | | or grade level. |
| | | 10300HB4586ham002 | - 10 - | LRB103 35815 RJT 72089 a |
|
| 1 | | (k) If the charter school is authorized by the State | 2 | | Board, then the charter school is its own local education | 3 | | agency. | 4 | | (Source: P.A. 102-51, eff. 7-9-21; 102-157, eff. 7-1-22; | 5 | | 102-360, eff. 1-1-22; 102-445, eff. 8-20-21; 102-522, eff. | 6 | | 8-20-21; 102-558, eff. 8-20-21; 102-676, eff. 12-3-21; | 7 | | 102-697, eff. 4-5-22; 102-702, eff. 7-1-23; 102-805, eff. | 8 | | 1-1-23; 102-813, eff. 5-13-22; 103-154, eff. 6-30-23; 103-175, | 9 | | eff. 6-30-23.) | 10 | | (Text of Section after amendment by P.A. 103-472 but | 11 | | before amendment by P.A. 102-466 ) | 12 | | Sec. 27A-5. Charter school; legal entity; requirements. | 13 | | (a) A charter school shall be a public, nonsectarian, | 14 | | nonreligious, non-home based, and non-profit school. A charter | 15 | | school shall be organized and operated as a nonprofit | 16 | | corporation or other discrete, legal, nonprofit entity | 17 | | authorized under the laws of the State of Illinois. | 18 | | (b) A charter school may be established under this Article | 19 | | by creating a new school or by converting an existing public | 20 | | school or attendance center to charter school status. In all | 21 | | new applications to establish a charter school in a city | 22 | | having a population exceeding 500,000, operation of the | 23 | | charter school shall be limited to one campus. This limitation | 24 | | does not apply to charter schools existing or approved on or | 25 | | before April 16, 2003. |
| | | 10300HB4586ham002 | - 11 - | LRB103 35815 RJT 72089 a |
|
| 1 | | (b-5) (Blank). | 2 | | (c) A charter school shall be administered and governed by | 3 | | its board of directors or other governing body in the manner | 4 | | provided in its charter. The governing body of a charter | 5 | | school shall be subject to the Freedom of Information Act and | 6 | | the Open Meetings Act. A charter school's board of directors | 7 | | or other governing body must include at least one parent or | 8 | | guardian of a pupil currently enrolled in the charter school | 9 | | who may be selected through the charter school or a charter | 10 | | network election, appointment by the charter school's board of | 11 | | directors or other governing body, or by the charter school's | 12 | | Parent Teacher Organization or its equivalent. | 13 | | (c-5) No later than January 1, 2021 or within the first | 14 | | year of his or her first term, every voting member of a charter | 15 | | school's board of directors or other governing body shall | 16 | | complete a minimum of 4 hours of professional development | 17 | | leadership training to ensure that each member has sufficient | 18 | | familiarity with the board's or governing body's role and | 19 | | responsibilities, including financial oversight and | 20 | | accountability of the school, evaluating the principal's and | 21 | | school's performance, adherence to the Freedom of Information | 22 | | Act and the Open Meetings Act, and compliance with education | 23 | | and labor law. In each subsequent year of his or her term, a | 24 | | voting member of a charter school's board of directors or | 25 | | other governing body shall complete a minimum of 2 hours of | 26 | | professional development training in these same areas. The |
| | | 10300HB4586ham002 | - 12 - | LRB103 35815 RJT 72089 a |
|
| 1 | | training under this subsection may be provided or certified by | 2 | | a statewide charter school membership association or may be | 3 | | provided or certified by other qualified providers approved by | 4 | | the State Board. | 5 | | (d) For purposes of this subsection (d), "non-curricular | 6 | | health and safety requirement" means any health and safety | 7 | | requirement created by statute or rule to provide, maintain, | 8 | | preserve, or safeguard safe or healthful conditions for | 9 | | students and school personnel or to eliminate, reduce, or | 10 | | prevent threats to the health and safety of students and | 11 | | school personnel. "Non-curricular health and safety | 12 | | requirement" does not include any course of study or | 13 | | specialized instructional requirement for which the State | 14 | | Board has established goals and learning standards or which is | 15 | | designed primarily to impart knowledge and skills for students | 16 | | to master and apply as an outcome of their education. | 17 | | A charter school shall comply with all non-curricular | 18 | | health and safety requirements applicable to public schools | 19 | | under the laws of the State of Illinois. The State Board shall | 20 | | promulgate and post on its Internet website a list of | 21 | | non-curricular health and safety requirements that a charter | 22 | | school must meet. The list shall be updated annually no later | 23 | | than September 1. Any charter contract between a charter | 24 | | school and its authorizer must contain a provision that | 25 | | requires the charter school to follow the list of all | 26 | | non-curricular health and safety requirements promulgated by |
| | | 10300HB4586ham002 | - 13 - | LRB103 35815 RJT 72089 a |
|
| 1 | | the State Board and any non-curricular health and safety | 2 | | requirements added by the State Board to such list during the | 3 | | term of the charter. Nothing in this subsection (d) precludes | 4 | | an authorizer from including non-curricular health and safety | 5 | | requirements in a charter school contract that are not | 6 | | contained in the list promulgated by the State Board, | 7 | | including non-curricular health and safety requirements of the | 8 | | authorizing local school board. | 9 | | (e) Except as otherwise provided in the School Code, a | 10 | | charter school shall not charge tuition; provided that a | 11 | | charter school may charge reasonable fees for textbooks, | 12 | | instructional materials, and student activities. | 13 | | (f) A charter school shall be responsible for the | 14 | | management and operation of its fiscal affairs, including, but | 15 | | not limited to, the preparation of its budget. An audit of each | 16 | | charter school's finances shall be conducted annually by an | 17 | | outside, independent contractor retained by the charter | 18 | | school. The contractor shall not be an employee of the charter | 19 | | school or affiliated with the charter school or its authorizer | 20 | | in any way, other than to audit the charter school's finances. | 21 | | To ensure financial accountability for the use of public | 22 | | funds, on or before December 1 of every year of operation, each | 23 | | charter school shall submit to its authorizer and the State | 24 | | Board a copy of its audit and a copy of the Form 990 the | 25 | | charter school filed that year with the federal Internal | 26 | | Revenue Service. In addition, if deemed necessary for proper |
| | | 10300HB4586ham002 | - 14 - | LRB103 35815 RJT 72089 a |
|
| 1 | | financial oversight of the charter school, an authorizer may | 2 | | require quarterly financial statements from each charter | 3 | | school. | 4 | | (g) A charter school shall comply with all provisions of | 5 | | this Article, the Illinois Educational Labor Relations Act, | 6 | | all federal and State laws and rules applicable to public | 7 | | schools that pertain to special education and the instruction | 8 | | of English learners, and its charter. A charter school is | 9 | | exempt from all other State laws and regulations in this Code | 10 | | governing public schools and local school board policies; | 11 | | however, a charter school is not exempt from the following: | 12 | | (1) Sections 10-21.9 and 34-18.5 of this Code | 13 | | regarding criminal history records checks and checks of | 14 | | the Statewide Sex Offender Database and Statewide Murderer | 15 | | and Violent Offender Against Youth Database of applicants | 16 | | for employment; | 17 | | (2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and | 18 | | 34-84a of this Code regarding discipline of students; | 19 | | (3) the Local Governmental and Governmental Employees | 20 | | Tort Immunity Act; | 21 | | (4) Section 108.75 of the General Not For Profit | 22 | | Corporation Act of 1986 regarding indemnification of | 23 | | officers, directors, employees, and agents; | 24 | | (5) the Abused and Neglected Child Reporting Act; | 25 | | (5.5) subsection (b) of Section 10-23.12 and | 26 | | subsection (b) of Section 34-18.6 of this Code; |
| | | 10300HB4586ham002 | - 15 - | LRB103 35815 RJT 72089 a |
|
| 1 | | (6) the Illinois School Student Records Act; | 2 | | (7) Section 10-17a of this Code regarding school | 3 | | report cards; | 4 | | (8) the P-20 Longitudinal Education Data System Act; | 5 | | (9) Section 27-23.7 of this Code regarding bullying | 6 | | prevention; | 7 | | (10) Section 2-3.162 of this Code regarding student | 8 | | discipline reporting; | 9 | | (11) Sections 22-80 and 27-8.1 of this Code; | 10 | | (12) Sections 10-20.60 and 34-18.53 of this Code; | 11 | | (13) Sections 10-20.63 and 34-18.56 of this Code; | 12 | | (14) Sections 22-90 and 26-18 of this Code; | 13 | | (15) Section 22-30 of this Code; | 14 | | (16) Sections 24-12 and 34-85 of this Code; | 15 | | (17) the Seizure Smart School Act; | 16 | | (18) Section 2-3.64a-10 of this Code; | 17 | | (19) Sections 10-20.73 and 34-21.9 of this Code; | 18 | | (20) Section 10-22.25b of this Code; | 19 | | (21) Section 27-9.1a of this Code; | 20 | | (22) Section 27-9.1b of this Code; | 21 | | (23) Section 34-18.8 of this Code; | 22 | | (25) Section 2-3.188 of this Code; | 23 | | (26) Section 22-85.5 of this Code; | 24 | | (27) subsections (d-10), (d-15), and (d-20) of Section | 25 | | 10-20.56 of this Code; | 26 | | (28) Sections 10-20.83 and 34-18.78 of this Code; |
| | | 10300HB4586ham002 | - 16 - | LRB103 35815 RJT 72089 a |
|
| 1 | | (29) Section 10-20.13 of this Code; | 2 | | (30) Section 28-19.2 of this Code; | 3 | | (31) Section 34-21.6 of this Code; and | 4 | | (32) Section 22-85.10 of this Code; | 5 | | (33) Section 2-3.196 of this Code; | 6 | | (34) Section 22-95 of this Code; | 7 | | (35) Section 34-18.62 of this Code; and | 8 | | (36) the Illinois Human Rights Act ; and . | 9 | | (37) Sections 10-20.87 and 34-18.87 of this Code. | 10 | | The change made by Public Act 96-104 to this subsection | 11 | | (g) is declaratory of existing law. | 12 | | (h) A charter school may negotiate and contract with a | 13 | | school district, the governing body of a State college or | 14 | | university or public community college, or any other public or | 15 | | for-profit or nonprofit private entity for: (i) the use of a | 16 | | school building and grounds or any other real property or | 17 | | facilities that the charter school desires to use or convert | 18 | | for use as a charter school site, (ii) the operation and | 19 | | maintenance thereof, and (iii) the provision of any service, | 20 | | activity, or undertaking that the charter school is required | 21 | | to perform in order to carry out the terms of its charter. | 22 | | Except as provided in subsection (i) of this Section, a school | 23 | | district may charge a charter school reasonable rent for the | 24 | | use of the district's buildings, grounds, and facilities. Any | 25 | | services for which a charter school contracts with a school | 26 | | district shall be provided by the district at cost. Any |
| | | 10300HB4586ham002 | - 17 - | LRB103 35815 RJT 72089 a |
|
| 1 | | services for which a charter school contracts with a local | 2 | | school board or with the governing body of a State college or | 3 | | university or public community college shall be provided by | 4 | | the public entity at cost. | 5 | | (i) In no event shall a charter school that is established | 6 | | by converting an existing school or attendance center to | 7 | | charter school status be required to pay rent for space that is | 8 | | deemed available, as negotiated and provided in the charter | 9 | | agreement, in school district facilities. However, all other | 10 | | costs for the operation and maintenance of school district | 11 | | facilities that are used by the charter school shall be | 12 | | subject to negotiation between the charter school and the | 13 | | local school board and shall be set forth in the charter. | 14 | | (j) A charter school may limit student enrollment by age | 15 | | or grade level. | 16 | | (k) If the charter school is authorized by the State | 17 | | Board, then the charter school is its own local education | 18 | | agency. | 19 | | (Source: P.A. 102-51, eff. 7-9-21; 102-157, eff. 7-1-22; | 20 | | 102-360, eff. 1-1-22; 102-445, eff. 8-20-21; 102-522, eff. | 21 | | 8-20-21; 102-558, eff. 8-20-21; 102-676, eff. 12-3-21; | 22 | | 102-697, eff. 4-5-22; 102-702, eff. 7-1-23; 102-805, eff. | 23 | | 1-1-23; 102-813, eff. 5-13-22; 103-154, eff. 6-30-23; 103-175, | 24 | | eff. 6-30-23; 103-472, eff. 8-1-24; revised 8-31-23.) | 25 | | (Text of Section after amendment by P.A. 102-466 ) |
| | | 10300HB4586ham002 | - 18 - | LRB103 35815 RJT 72089 a |
|
| 1 | | Sec. 27A-5. Charter school; legal entity; requirements. | 2 | | (a) A charter school shall be a public, nonsectarian, | 3 | | nonreligious, non-home based, and non-profit school. A charter | 4 | | school shall be organized and operated as a nonprofit | 5 | | corporation or other discrete, legal, nonprofit entity | 6 | | authorized under the laws of the State of Illinois. | 7 | | (b) A charter school may be established under this Article | 8 | | by creating a new school or by converting an existing public | 9 | | school or attendance center to charter school status. In all | 10 | | new applications to establish a charter school in a city | 11 | | having a population exceeding 500,000, operation of the | 12 | | charter school shall be limited to one campus. This limitation | 13 | | does not apply to charter schools existing or approved on or | 14 | | before April 16, 2003. | 15 | | (b-5) (Blank). | 16 | | (c) A charter school shall be administered and governed by | 17 | | its board of directors or other governing body in the manner | 18 | | provided in its charter. The governing body of a charter | 19 | | school shall be subject to the Freedom of Information Act and | 20 | | the Open Meetings Act. A charter school's board of directors | 21 | | or other governing body must include at least one parent or | 22 | | guardian of a pupil currently enrolled in the charter school | 23 | | who may be selected through the charter school or a charter | 24 | | network election, appointment by the charter school's board of | 25 | | directors or other governing body, or by the charter school's | 26 | | Parent Teacher Organization or its equivalent. |
| | | 10300HB4586ham002 | - 19 - | LRB103 35815 RJT 72089 a |
|
| 1 | | (c-5) No later than January 1, 2021 or within the first | 2 | | year of his or her first term, every voting member of a charter | 3 | | school's board of directors or other governing body shall | 4 | | complete a minimum of 4 hours of professional development | 5 | | leadership training to ensure that each member has sufficient | 6 | | familiarity with the board's or governing body's role and | 7 | | responsibilities, including financial oversight and | 8 | | accountability of the school, evaluating the principal's and | 9 | | school's performance, adherence to the Freedom of Information | 10 | | Act and the Open Meetings Act, and compliance with education | 11 | | and labor law. In each subsequent year of his or her term, a | 12 | | voting member of a charter school's board of directors or | 13 | | other governing body shall complete a minimum of 2 hours of | 14 | | professional development training in these same areas. The | 15 | | training under this subsection may be provided or certified by | 16 | | a statewide charter school membership association or may be | 17 | | provided or certified by other qualified providers approved by | 18 | | the State Board. | 19 | | (d) For purposes of this subsection (d), "non-curricular | 20 | | health and safety requirement" means any health and safety | 21 | | requirement created by statute or rule to provide, maintain, | 22 | | preserve, or safeguard safe or healthful conditions for | 23 | | students and school personnel or to eliminate, reduce, or | 24 | | prevent threats to the health and safety of students and | 25 | | school personnel. "Non-curricular health and safety | 26 | | requirement" does not include any course of study or |
| | | 10300HB4586ham002 | - 20 - | LRB103 35815 RJT 72089 a |
|
| 1 | | specialized instructional requirement for which the State | 2 | | Board has established goals and learning standards or which is | 3 | | designed primarily to impart knowledge and skills for students | 4 | | to master and apply as an outcome of their education. | 5 | | A charter school shall comply with all non-curricular | 6 | | health and safety requirements applicable to public schools | 7 | | under the laws of the State of Illinois. The State Board shall | 8 | | promulgate and post on its Internet website a list of | 9 | | non-curricular health and safety requirements that a charter | 10 | | school must meet. The list shall be updated annually no later | 11 | | than September 1. Any charter contract between a charter | 12 | | school and its authorizer must contain a provision that | 13 | | requires the charter school to follow the list of all | 14 | | non-curricular health and safety requirements promulgated by | 15 | | the State Board and any non-curricular health and safety | 16 | | requirements added by the State Board to such list during the | 17 | | term of the charter. Nothing in this subsection (d) precludes | 18 | | an authorizer from including non-curricular health and safety | 19 | | requirements in a charter school contract that are not | 20 | | contained in the list promulgated by the State Board, | 21 | | including non-curricular health and safety requirements of the | 22 | | authorizing local school board. | 23 | | (e) Except as otherwise provided in the School Code, a | 24 | | charter school shall not charge tuition; provided that a | 25 | | charter school may charge reasonable fees for textbooks, | 26 | | instructional materials, and student activities. |
| | | 10300HB4586ham002 | - 21 - | LRB103 35815 RJT 72089 a |
|
| 1 | | (f) A charter school shall be responsible for the | 2 | | management and operation of its fiscal affairs, including, but | 3 | | not limited to, the preparation of its budget. An audit of each | 4 | | charter school's finances shall be conducted annually by an | 5 | | outside, independent contractor retained by the charter | 6 | | school. The contractor shall not be an employee of the charter | 7 | | school or affiliated with the charter school or its authorizer | 8 | | in any way, other than to audit the charter school's finances. | 9 | | To ensure financial accountability for the use of public | 10 | | funds, on or before December 1 of every year of operation, each | 11 | | charter school shall submit to its authorizer and the State | 12 | | Board a copy of its audit and a copy of the Form 990 the | 13 | | charter school filed that year with the federal Internal | 14 | | Revenue Service. In addition, if deemed necessary for proper | 15 | | financial oversight of the charter school, an authorizer may | 16 | | require quarterly financial statements from each charter | 17 | | school. | 18 | | (g) A charter school shall comply with all provisions of | 19 | | this Article, the Illinois Educational Labor Relations Act, | 20 | | all federal and State laws and rules applicable to public | 21 | | schools that pertain to special education and the instruction | 22 | | of English learners, and its charter. A charter school is | 23 | | exempt from all other State laws and regulations in this Code | 24 | | governing public schools and local school board policies; | 25 | | however, a charter school is not exempt from the following: | 26 | | (1) Sections 10-21.9 and 34-18.5 of this Code |
| | | 10300HB4586ham002 | - 22 - | LRB103 35815 RJT 72089 a |
|
| 1 | | regarding criminal history records checks and checks of | 2 | | the Statewide Sex Offender Database and Statewide Murderer | 3 | | and Violent Offender Against Youth Database of applicants | 4 | | for employment; | 5 | | (2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and | 6 | | 34-84a of this Code regarding discipline of students; | 7 | | (3) the Local Governmental and Governmental Employees | 8 | | Tort Immunity Act; | 9 | | (4) Section 108.75 of the General Not For Profit | 10 | | Corporation Act of 1986 regarding indemnification of | 11 | | officers, directors, employees, and agents; | 12 | | (5) the Abused and Neglected Child Reporting Act; | 13 | | (5.5) subsection (b) of Section 10-23.12 and | 14 | | subsection (b) of Section 34-18.6 of this Code; | 15 | | (6) the Illinois School Student Records Act; | 16 | | (7) Section 10-17a of this Code regarding school | 17 | | report cards; | 18 | | (8) the P-20 Longitudinal Education Data System Act; | 19 | | (9) Section 27-23.7 of this Code regarding bullying | 20 | | prevention; | 21 | | (10) Section 2-3.162 of this Code regarding student | 22 | | discipline reporting; | 23 | | (11) Sections 22-80 and 27-8.1 of this Code; | 24 | | (12) Sections 10-20.60 and 34-18.53 of this Code; | 25 | | (13) Sections 10-20.63 and 34-18.56 of this Code; | 26 | | (14) Sections 22-90 and 26-18 of this Code; |
| | | 10300HB4586ham002 | - 23 - | LRB103 35815 RJT 72089 a |
|
| 1 | | (15) Section 22-30 of this Code; | 2 | | (16) Sections 24-12 and 34-85 of this Code; | 3 | | (17) the Seizure Smart School Act; | 4 | | (18) Section 2-3.64a-10 of this Code; | 5 | | (19) Sections 10-20.73 and 34-21.9 of this Code; | 6 | | (20) Section 10-22.25b of this Code; | 7 | | (21) Section 27-9.1a of this Code; | 8 | | (22) Section 27-9.1b of this Code; | 9 | | (23) Section 34-18.8 of this Code; | 10 | | (24) Article 26A of this Code; | 11 | | (25) Section 2-3.188 of this Code; | 12 | | (26) Section 22-85.5 of this Code; | 13 | | (27) subsections (d-10), (d-15), and (d-20) of Section | 14 | | 10-20.56 of this Code; | 15 | | (28) Sections 10-20.83 and 34-18.78 of this Code; | 16 | | (29) Section 10-20.13 of this Code; | 17 | | (30) Section 28-19.2 of this Code; | 18 | | (31) Section 34-21.6 of this Code; and | 19 | | (32) Section 22-85.10 of this Code; | 20 | | (33) Section 2-3.196 of this Code; | 21 | | (34) Section 22-95 of this Code; | 22 | | (35) Section 34-18.62 of this Code; and | 23 | | (36) the Illinois Human Rights Act ; and . | 24 | | (37) Sections 10-20.87 and 34-18.87 of this Code. | 25 | | The change made by Public Act 96-104 to this subsection | 26 | | (g) is declaratory of existing law. |
| | | 10300HB4586ham002 | - 24 - | LRB103 35815 RJT 72089 a |
|
| 1 | | (h) A charter school may negotiate and contract with a | 2 | | school district, the governing body of a State college or | 3 | | university or public community college, or any other public or | 4 | | for-profit or nonprofit private entity for: (i) the use of a | 5 | | school building and grounds or any other real property or | 6 | | facilities that the charter school desires to use or convert | 7 | | for use as a charter school site, (ii) the operation and | 8 | | maintenance thereof, and (iii) the provision of any service, | 9 | | activity, or undertaking that the charter school is required | 10 | | to perform in order to carry out the terms of its charter. | 11 | | Except as provided in subsection (i) of this Section, a school | 12 | | district may charge a charter school reasonable rent for the | 13 | | use of the district's buildings, grounds, and facilities. Any | 14 | | services for which a charter school contracts with a school | 15 | | district shall be provided by the district at cost. Any | 16 | | services for which a charter school contracts with a local | 17 | | school board or with the governing body of a State college or | 18 | | university or public community college shall be provided by | 19 | | the public entity at cost. | 20 | | (i) In no event shall a charter school that is established | 21 | | by converting an existing school or attendance center to | 22 | | charter school status be required to pay rent for space that is | 23 | | deemed available, as negotiated and provided in the charter | 24 | | agreement, in school district facilities. However, all other | 25 | | costs for the operation and maintenance of school district | 26 | | facilities that are used by the charter school shall be |
| | | 10300HB4586ham002 | - 25 - | LRB103 35815 RJT 72089 a |
|
| 1 | | subject to negotiation between the charter school and the | 2 | | local school board and shall be set forth in the charter. | 3 | | (j) A charter school may limit student enrollment by age | 4 | | or grade level. | 5 | | (k) If the charter school is authorized by the State | 6 | | Board, then the charter school is its own local education | 7 | | agency. | 8 | | (Source: P.A. 102-51, eff. 7-9-21; 102-157, eff. 7-1-22; | 9 | | 102-360, eff. 1-1-22; 102-445, eff. 8-20-21; 102-466, eff. | 10 | | 7-1-25; 102-522, eff. 8-20-21; 102-558, eff. 8-20-21; 102-676, | 11 | | eff. 12-3-21; 102-697, eff. 4-5-22; 102-702, eff. 7-1-23; | 12 | | 102-805, eff. 1-1-23; 102-813, eff. 5-13-22; 103-154, eff. | 13 | | 6-30-23; 103-175, eff. 6-30-23; 103-472, eff. 8-1-24; revised | 14 | | 8-31-23.) | 15 | | (105 ILCS 5/34-18.87 new) | 16 | | Sec. 34-18.87. Mental health services notification. | 17 | | (a) Beginning with the 2025-2026 school year, the school | 18 | | district shall: | 19 | | (1) notify the parents or guardians of each student | 20 | | enrolled in the school district about any mental health | 21 | | services available in the school in which the student is | 22 | | enrolled, in the school district, or in the community | 23 | | where the school is located; and | 24 | | (2) notify each student enrolled in the school | 25 | | district who is 12 years of age or older of the following |
| | | 10300HB4586ham002 | - 26 - | LRB103 35815 RJT 72089 a |
|
| 1 | | information in an age and developmentally appropriate | 2 | | manner: | 3 | | (A) mental health services available in the school | 4 | | in which the student is enrolled, in the school | 5 | | district, or in the community where the school is | 6 | | located; and | 7 | | (B) the student's right to request to receive | 8 | | counseling services or psychotherapy on an outpatient | 9 | | basis under Section 3-550 of the Mental Health and | 10 | | Developmental Disabilities Code. | 11 | | (b) The school district shall provide the notifications | 12 | | required under subsection (a) at the time of enrollment for | 13 | | students enrolling in the school district for the first time, | 14 | | prior to November 1 of each school year, and after January 1 | 15 | | but prior to March 1 of each school year. The school district | 16 | | shall consider the languages most commonly spoken in the | 17 | | communities where the school district's schools are located | 18 | | when sending notifications to parents or guardians. The school | 19 | | district may refer parents or guardians to the Care Portal | 20 | | established and maintained by the Department of Human Services | 21 | | under Section 11.4 of the Mental Health and Developmental | 22 | | Disabilities Administrative Act. | 23 | | Section 95. No acceleration or delay. Where this Act makes | 24 | | changes in a statute that is represented in this Act by text | 25 | | that is not yet or no longer in effect (for example, a Section |
| | | 10300HB4586ham002 | - 27 - | LRB103 35815 RJT 72089 a |
|
| 1 | | represented by multiple versions), the use of that text does | 2 | | not accelerate or delay the taking effect of (i) the changes | 3 | | made by this Act or (ii) provisions derived from any other | 4 | | Public Act.". |
|