Illinois General Assembly - Full Text of HB4586
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Full Text of HB4586  103rd General Assembly

HB4586ham002 103RD GENERAL ASSEMBLY

Rep. Anne Stava-Murray

Filed: 4/15/2024

 

 


 

 


 
10300HB4586ham002LRB103 35815 RJT 72089 a

1
AMENDMENT TO HOUSE BILL 4586

2    AMENDMENT NO. ______. Amend House Bill 4586 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The School Code is amended by adding Sections
510-20.87 and 34-18.87 and by changing Section 27A-5 as
6follows:
 
7    (105 ILCS 5/10-20.87 new)
8    Sec. 10-20.87. Mental health services notification.
9    (a) Beginning with the 2025-2026 school year, each school
10district 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

 

 

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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
13required under subsection (a) at the time of enrollment for
14students enrolling in the school district for the first time,
15prior to November 1 of each school year, and after January 1
16but prior to March 1 of each school year. A school district
17shall consider the languages most commonly spoken in the
18communities where the school district's schools are located
19when sending notifications to parents or guardians. A school
20district may refer parents or guardians to the Care Portal
21established and maintained by the Department of Human Services
22under Section 11.4 of the Mental Health and Developmental
23Disabilities Administrative Act.
 
24    (105 ILCS 5/27A-5)
25    (Text of Section before amendment by P.A. 102-466 and

 

 

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1103-472)
2    Sec. 27A-5. Charter school; legal entity; requirements.
3    (a) A charter school shall be a public, nonsectarian,
4nonreligious, non-home based, and non-profit school. A charter
5school shall be organized and operated as a nonprofit
6corporation or other discrete, legal, nonprofit entity
7authorized under the laws of the State of Illinois.
8    (b) A charter school may be established under this Article
9by creating a new school or by converting an existing public
10school or attendance center to charter school status. In all
11new applications to establish a charter school in a city
12having a population exceeding 500,000, operation of the
13charter school shall be limited to one campus. This limitation
14does not apply to charter schools existing or approved on or
15before April 16, 2003.
16    (b-5) (Blank).
17    (c) A charter school shall be administered and governed by
18its board of directors or other governing body in the manner
19provided in its charter. The governing body of a charter
20school shall be subject to the Freedom of Information Act and
21the Open Meetings Act. A charter school's board of directors
22or other governing body must include at least one parent or
23guardian of a pupil currently enrolled in the charter school
24who may be selected through the charter school or a charter
25network election, appointment by the charter school's board of
26directors or other governing body, or by the charter school's

 

 

10300HB4586ham002- 4 -LRB103 35815 RJT 72089 a

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

 

 

10300HB4586ham002- 5 -LRB103 35815 RJT 72089 a

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

 

 

10300HB4586ham002- 6 -LRB103 35815 RJT 72089 a

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

 

 

10300HB4586ham002- 9 -LRB103 35815 RJT 72089 a

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

 

 

10300HB4586ham002- 10 -LRB103 35815 RJT 72089 a

1    (k) If the charter school is authorized by the State
2Board, then the charter school is its own local education
3agency.
4(Source: P.A. 102-51, eff. 7-9-21; 102-157, eff. 7-1-22;
5102-360, eff. 1-1-22; 102-445, eff. 8-20-21; 102-522, eff.
68-20-21; 102-558, eff. 8-20-21; 102-676, eff. 12-3-21;
7102-697, eff. 4-5-22; 102-702, eff. 7-1-23; 102-805, eff.
81-1-23; 102-813, eff. 5-13-22; 103-154, eff. 6-30-23; 103-175,
9eff. 6-30-23.)
 
10    (Text of Section after amendment by P.A. 103-472 but
11before 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,
14nonreligious, non-home based, and non-profit school. A charter
15school shall be organized and operated as a nonprofit
16corporation or other discrete, legal, nonprofit entity
17authorized under the laws of the State of Illinois.
18    (b) A charter school may be established under this Article
19by creating a new school or by converting an existing public
20school or attendance center to charter school status. In all
21new applications to establish a charter school in a city
22having a population exceeding 500,000, operation of the
23charter school shall be limited to one campus. This limitation
24does not apply to charter schools existing or approved on or
25before 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
3its board of directors or other governing body in the manner
4provided in its charter. The governing body of a charter
5school shall be subject to the Freedom of Information Act and
6the Open Meetings Act. A charter school's board of directors
7or other governing body must include at least one parent or
8guardian of a pupil currently enrolled in the charter school
9who may be selected through the charter school or a charter
10network election, appointment by the charter school's board of
11directors or other governing body, or by the charter school's
12Parent Teacher Organization or its equivalent.
13    (c-5) No later than January 1, 2021 or within the first
14year of his or her first term, every voting member of a charter
15school's board of directors or other governing body shall
16complete a minimum of 4 hours of professional development
17leadership training to ensure that each member has sufficient
18familiarity with the board's or governing body's role and
19responsibilities, including financial oversight and
20accountability of the school, evaluating the principal's and
21school's performance, adherence to the Freedom of Information
22Act and the Open Meetings Act, and compliance with education
23and labor law. In each subsequent year of his or her term, a
24voting member of a charter school's board of directors or
25other governing body shall complete a minimum of 2 hours of
26professional development training in these same areas. The

 

 

10300HB4586ham002- 12 -LRB103 35815 RJT 72089 a

1training under this subsection may be provided or certified by
2a statewide charter school membership association or may be
3provided or certified by other qualified providers approved by
4the State Board.
5    (d) For purposes of this subsection (d), "non-curricular
6health and safety requirement" means any health and safety
7requirement created by statute or rule to provide, maintain,
8preserve, or safeguard safe or healthful conditions for
9students and school personnel or to eliminate, reduce, or
10prevent threats to the health and safety of students and
11school personnel. "Non-curricular health and safety
12requirement" does not include any course of study or
13specialized instructional requirement for which the State
14Board has established goals and learning standards or which is
15designed primarily to impart knowledge and skills for students
16to master and apply as an outcome of their education.
17    A charter school shall comply with all non-curricular
18health and safety requirements applicable to public schools
19under the laws of the State of Illinois. The State Board shall
20promulgate and post on its Internet website a list of
21non-curricular health and safety requirements that a charter
22school must meet. The list shall be updated annually no later
23than September 1. Any charter contract between a charter
24school and its authorizer must contain a provision that
25requires the charter school to follow the list of all
26non-curricular health and safety requirements promulgated by

 

 

10300HB4586ham002- 13 -LRB103 35815 RJT 72089 a

1the State Board and any non-curricular health and safety
2requirements added by the State Board to such list during the
3term of the charter. Nothing in this subsection (d) precludes
4an authorizer from including non-curricular health and safety
5requirements in a charter school contract that are not
6contained in the list promulgated by the State Board,
7including non-curricular health and safety requirements of the
8authorizing local school board.
9    (e) Except as otherwise provided in the School Code, a
10charter school shall not charge tuition; provided that a
11charter school may charge reasonable fees for textbooks,
12instructional materials, and student activities.
13    (f) A charter school shall be responsible for the
14management and operation of its fiscal affairs, including, but
15not limited to, the preparation of its budget. An audit of each
16charter school's finances shall be conducted annually by an
17outside, independent contractor retained by the charter
18school. The contractor shall not be an employee of the charter
19school or affiliated with the charter school or its authorizer
20in any way, other than to audit the charter school's finances.
21To ensure financial accountability for the use of public
22funds, on or before December 1 of every year of operation, each
23charter school shall submit to its authorizer and the State
24Board a copy of its audit and a copy of the Form 990 the
25charter school filed that year with the federal Internal
26Revenue Service. In addition, if deemed necessary for proper

 

 

10300HB4586ham002- 14 -LRB103 35815 RJT 72089 a

1financial oversight of the charter school, an authorizer may
2require quarterly financial statements from each charter
3school.
4    (g) A charter school shall comply with all provisions of
5this Article, the Illinois Educational Labor Relations Act,
6all federal and State laws and rules applicable to public
7schools that pertain to special education and the instruction
8of English learners, and its charter. A charter school is
9exempt from all other State laws and regulations in this Code
10governing public schools and local school board policies;
11however, 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;

 

 

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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
13school district, the governing body of a State college or
14university or public community college, or any other public or
15for-profit or nonprofit private entity for: (i) the use of a
16school building and grounds or any other real property or
17facilities that the charter school desires to use or convert
18for use as a charter school site, (ii) the operation and
19maintenance thereof, and (iii) the provision of any service,
20activity, or undertaking that the charter school is required
21to perform in order to carry out the terms of its charter.
22Except as provided in subsection (i) of this Section, a school
23district may charge a charter school reasonable rent for the
24use of the district's buildings, grounds, and facilities. Any
25services for which a charter school contracts with a school
26district shall be provided by the district at cost. Any

 

 

10300HB4586ham002- 17 -LRB103 35815 RJT 72089 a

1services for which a charter school contracts with a local
2school board or with the governing body of a State college or
3university or public community college shall be provided by
4the public entity at cost.
5    (i) In no event shall a charter school that is established
6by converting an existing school or attendance center to
7charter school status be required to pay rent for space that is
8deemed available, as negotiated and provided in the charter
9agreement, in school district facilities. However, all other
10costs for the operation and maintenance of school district
11facilities that are used by the charter school shall be
12subject to negotiation between the charter school and the
13local school board and shall be set forth in the charter.
14    (j) A charter school may limit student enrollment by age
15or grade level.
16    (k) If the charter school is authorized by the State
17Board, then the charter school is its own local education
18agency.
19(Source: P.A. 102-51, eff. 7-9-21; 102-157, eff. 7-1-22;
20102-360, eff. 1-1-22; 102-445, eff. 8-20-21; 102-522, eff.
218-20-21; 102-558, eff. 8-20-21; 102-676, eff. 12-3-21;
22102-697, eff. 4-5-22; 102-702, eff. 7-1-23; 102-805, eff.
231-1-23; 102-813, eff. 5-13-22; 103-154, eff. 6-30-23; 103-175,
24eff. 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,
3nonreligious, non-home based, and non-profit school. A charter
4school shall be organized and operated as a nonprofit
5corporation or other discrete, legal, nonprofit entity
6authorized under the laws of the State of Illinois.
7    (b) A charter school may be established under this Article
8by creating a new school or by converting an existing public
9school or attendance center to charter school status. In all
10new applications to establish a charter school in a city
11having a population exceeding 500,000, operation of the
12charter school shall be limited to one campus. This limitation
13does not apply to charter schools existing or approved on or
14before April 16, 2003.
15    (b-5) (Blank).
16    (c) A charter school shall be administered and governed by
17its board of directors or other governing body in the manner
18provided in its charter. The governing body of a charter
19school shall be subject to the Freedom of Information Act and
20the Open Meetings Act. A charter school's board of directors
21or other governing body must include at least one parent or
22guardian of a pupil currently enrolled in the charter school
23who may be selected through the charter school or a charter
24network election, appointment by the charter school's board of
25directors or other governing body, or by the charter school's
26Parent 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
2year of his or her first term, every voting member of a charter
3school's board of directors or other governing body shall
4complete a minimum of 4 hours of professional development
5leadership training to ensure that each member has sufficient
6familiarity with the board's or governing body's role and
7responsibilities, including financial oversight and
8accountability of the school, evaluating the principal's and
9school's performance, adherence to the Freedom of Information
10Act and the Open Meetings Act, and compliance with education
11and labor law. In each subsequent year of his or her term, a
12voting member of a charter school's board of directors or
13other governing body shall complete a minimum of 2 hours of
14professional development training in these same areas. The
15training under this subsection may be provided or certified by
16a statewide charter school membership association or may be
17provided or certified by other qualified providers approved by
18the State Board.
19    (d) For purposes of this subsection (d), "non-curricular
20health and safety requirement" means any health and safety
21requirement created by statute or rule to provide, maintain,
22preserve, or safeguard safe or healthful conditions for
23students and school personnel or to eliminate, reduce, or
24prevent threats to the health and safety of students and
25school personnel. "Non-curricular health and safety
26requirement" does not include any course of study or

 

 

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

 

 

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1    (f) A charter school shall be responsible for the
2management and operation of its fiscal affairs, including, but
3not limited to, the preparation of its budget. An audit of each
4charter school's finances shall be conducted annually by an
5outside, independent contractor retained by the charter
6school. The contractor shall not be an employee of the charter
7school or affiliated with the charter school or its authorizer
8in any way, other than to audit the charter school's finances.
9To ensure financial accountability for the use of public
10funds, on or before December 1 of every year of operation, each
11charter school shall submit to its authorizer and the State
12Board a copy of its audit and a copy of the Form 990 the
13charter school filed that year with the federal Internal
14Revenue Service. In addition, if deemed necessary for proper
15financial oversight of the charter school, an authorizer may
16require quarterly financial statements from each charter
17school.
18    (g) A charter school shall comply with all provisions of
19this Article, the Illinois Educational Labor Relations Act,
20all federal and State laws and rules applicable to public
21schools that pertain to special education and the instruction
22of English learners, and its charter. A charter school is
23exempt from all other State laws and regulations in this Code
24governing public schools and local school board policies;
25however, a charter school is not exempt from the following:
26        (1) Sections 10-21.9 and 34-18.5 of this Code

 

 

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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;

 

 

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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.

 

 

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1    (h) A charter school may negotiate and contract with a
2school district, the governing body of a State college or
3university or public community college, or any other public or
4for-profit or nonprofit private entity for: (i) the use of a
5school building and grounds or any other real property or
6facilities that the charter school desires to use or convert
7for use as a charter school site, (ii) the operation and
8maintenance thereof, and (iii) the provision of any service,
9activity, or undertaking that the charter school is required
10to perform in order to carry out the terms of its charter.
11Except as provided in subsection (i) of this Section, a school
12district may charge a charter school reasonable rent for the
13use of the district's buildings, grounds, and facilities. Any
14services for which a charter school contracts with a school
15district shall be provided by the district at cost. Any
16services for which a charter school contracts with a local
17school board or with the governing body of a State college or
18university or public community college shall be provided by
19the public entity at cost.
20    (i) In no event shall a charter school that is established
21by converting an existing school or attendance center to
22charter school status be required to pay rent for space that is
23deemed available, as negotiated and provided in the charter
24agreement, in school district facilities. However, all other
25costs for the operation and maintenance of school district
26facilities that are used by the charter school shall be

 

 

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1subject to negotiation between the charter school and the
2local school board and shall be set forth in the charter.
3    (j) A charter school may limit student enrollment by age
4or grade level.
5    (k) If the charter school is authorized by the State
6Board, then the charter school is its own local education
7agency.
8(Source: P.A. 102-51, eff. 7-9-21; 102-157, eff. 7-1-22;
9102-360, eff. 1-1-22; 102-445, eff. 8-20-21; 102-466, eff.
107-1-25; 102-522, eff. 8-20-21; 102-558, eff. 8-20-21; 102-676,
11eff. 12-3-21; 102-697, eff. 4-5-22; 102-702, eff. 7-1-23;
12102-805, eff. 1-1-23; 102-813, eff. 5-13-22; 103-154, eff.
136-30-23; 103-175, eff. 6-30-23; 103-472, eff. 8-1-24; revised
148-31-23.)
 
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
18district 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

 

 

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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
12required under subsection (a) at the time of enrollment for
13students enrolling in the school district for the first time,
14prior to November 1 of each school year, and after January 1
15but prior to March 1 of each school year. The school district
16shall consider the languages most commonly spoken in the
17communities where the school district's schools are located
18when sending notifications to parents or guardians. The school
19district may refer parents or guardians to the Care Portal
20established and maintained by the Department of Human Services
21under Section 11.4 of the Mental Health and Developmental
22Disabilities Administrative Act.
 
23    Section 95. No acceleration or delay. Where this Act makes
24changes in a statute that is represented in this Act by text
25that is not yet or no longer in effect (for example, a Section

 

 

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1represented by multiple versions), the use of that text does
2not accelerate or delay the taking effect of (i) the changes
3made by this Act or (ii) provisions derived from any other
4Public Act.".