Illinois General Assembly - Full Text of SB3473
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Full Text of SB3473  103rd General Assembly

SB3473 103RD GENERAL ASSEMBLY

 


 
103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB3473

 

Introduced 2/8/2024, by Sen. Elgie R. Sims, Jr.

 

SYNOPSIS AS INTRODUCED:
 
105 ILCS 5/2-3.204 new
105 ILCS 5/27A-5

    Amends the School Code. Provides that the State Board of Education, in coordination with the Department of Public Health, shall develop type 1 diabetes informational materials for parents and guardians of students. Provides that the informational materials shall be made available to each school district and charter school on the State Board's website. Provides that the school board of a school district and the governing body of a charter school shall make the informational materials accessible to a parent or guardian when the student is first enrolled in elementary school or in a school's student handbook on and after July 1, 2024. Sets forth what the provided information may include. Effective immediately.


LRB103 36420 RJT 66522 b

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT
MAY APPLY

 

 

A BILL FOR

 

SB3473LRB103 36420 RJT 66522 b

1    AN ACT concerning education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The School Code is amended by adding Section
52-3.204 and by changing 27A-5 as follows:
 
6    (105 ILCS 5/2-3.204 new)
7    Sec. 2-3.204. Type 1 diabetes informational materials.
8    (a) The State Board of Education, in coordination with the
9Department of Public Health, shall develop type 1 diabetes
10informational materials for the parents and guardians of
11students. The informational materials shall be made available
12to each school district and charter school on the State
13Board's Internet website.
14    (b) On and after July 1, 2024, the school board of a school
15district and the governing body of a charter school shall make
16the type 1 diabetes informational materials developed under
17subsection (a) accessible to the parent or guardian of a
18student when the student is first enrolled in elementary
19school or in a school's student handbook.
20    (c) Information provided to parents and guardians pursuant
21to this Section may include, but is not limited to, all of the
22following:
23        (1) A description of type 1 diabetes.

 

 

SB3473- 2 -LRB103 36420 RJT 66522 b

1        (2) A description of the risk factors and warning
2    signs associated with type 1 diabetes.
3        (3) A recommendation regarding a student displaying
4    warning signs associated with type 1 diabetes that the
5    parent or guardian of the student should immediately
6    consult with the student's primary care provider to
7    determine if immediate screening for type 1 diabetes is
8    appropriate.
9        (4) A description of the screening process for type 1
10    diabetes and the implications of test results.
11        (5) A recommendation that, following a type 1 diabetes
12    diagnosis, the parent or guardian should consult with the
13    student's primary care provider to develop an appropriate
14    treatment plan, which may include consultation with and
15    examination by a specialty care provider, including, but
16    not limited to, a properly qualified endocrinologist.
 
17    (105 ILCS 5/27A-5)
18    (Text of Section before amendment by P.A. 102-466 and
19103-472)
20    Sec. 27A-5. Charter school; legal entity; requirements.
21    (a) A charter school shall be a public, nonsectarian,
22nonreligious, non-home based, and non-profit school. A charter
23school shall be organized and operated as a nonprofit
24corporation or other discrete, legal, nonprofit entity
25authorized under the laws of the State of Illinois.

 

 

SB3473- 3 -LRB103 36420 RJT 66522 b

1    (b) A charter school may be established under this Article
2by creating a new school or by converting an existing public
3school or attendance center to charter school status. In all
4new applications to establish a charter school in a city
5having a population exceeding 500,000, operation of the
6charter school shall be limited to one campus. This limitation
7does not apply to charter schools existing or approved on or
8before April 16, 2003.
9    (b-5) (Blank).
10    (c) A charter school shall be administered and governed by
11its board of directors or other governing body in the manner
12provided in its charter. The governing body of a charter
13school shall be subject to the Freedom of Information Act and
14the Open Meetings Act. A charter school's board of directors
15or other governing body must include at least one parent or
16guardian of a pupil currently enrolled in the charter school
17who may be selected through the charter school or a charter
18network election, appointment by the charter school's board of
19directors or other governing body, or by the charter school's
20Parent Teacher Organization or its equivalent.
21    (c-5) No later than January 1, 2021 or within the first
22year of his or her first term, every voting member of a charter
23school's board of directors or other governing body shall
24complete a minimum of 4 hours of professional development
25leadership training to ensure that each member has sufficient
26familiarity with the board's or governing body's role and

 

 

SB3473- 4 -LRB103 36420 RJT 66522 b

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

 

 

SB3473- 5 -LRB103 36420 RJT 66522 b

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

 

 

SB3473- 6 -LRB103 36420 RJT 66522 b

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

 

 

SB3473- 7 -LRB103 36420 RJT 66522 b

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

 

 

SB3473- 8 -LRB103 36420 RJT 66522 b

1        (21) Section 27-9.1a of this Code;
2        (22) Section 27-9.1b of this Code;
3        (23) Section 34-18.8 of this Code;
4        (25) Section 2-3.188 of this Code;
5        (26) Section 22-85.5 of this Code;
6        (27) subsections (d-10), (d-15), and (d-20) of Section
7    10-20.56 of this Code;
8        (28) Sections 10-20.83 and 34-18.78 of this Code;
9        (29) Section 10-20.13 of this Code;
10        (30) Section 28-19.2 of this Code;
11        (31) Section 34-21.6 of this Code; and
12        (32) Section 22-85.10 of this Code; and
.
13        (37) Section 2-3.204 of this Code.
14    The change made by Public Act 96-104 to this subsection
15(g) is declaratory of existing law.
16    (h) A charter school may negotiate and contract with a
17school district, the governing body of a State college or
18university or public community college, or any other public or
19for-profit or nonprofit private entity for: (i) the use of a
20school building and grounds or any other real property or
21facilities that the charter school desires to use or convert
22for use as a charter school site, (ii) the operation and
23maintenance thereof, and (iii) the provision of any service,
24activity, or undertaking that the charter school is required
25to perform in order to carry out the terms of its charter.
26Except as provided in subsection (i) of this Section, a school

 

 

SB3473- 9 -LRB103 36420 RJT 66522 b

1district may charge a charter school reasonable rent for the
2use of the district's buildings, grounds, and facilities. Any
3services for which a charter school contracts with a school
4district shall be provided by the district at cost. Any
5services for which a charter school contracts with a local
6school board or with the governing body of a State college or
7university or public community college shall be provided by
8the public entity at cost.
9    (i) In no event shall a charter school that is established
10by converting an existing school or attendance center to
11charter school status be required to pay rent for space that is
12deemed available, as negotiated and provided in the charter
13agreement, in school district facilities. However, all other
14costs for the operation and maintenance of school district
15facilities that are used by the charter school shall be
16subject to negotiation between the charter school and the
17local school board and shall be set forth in the charter.
18    (j) A charter school may limit student enrollment by age
19or grade level.
20    (k) If the charter school is authorized by the State
21Board, then the charter school is its own local education
22agency.
23(Source: P.A. 102-51, eff. 7-9-21; 102-157, eff. 7-1-22;
24102-360, eff. 1-1-22; 102-445, eff. 8-20-21; 102-522, eff.
258-20-21; 102-558, eff. 8-20-21; 102-676, eff. 12-3-21;
26102-697, eff. 4-5-22; 102-702, eff. 7-1-23; 102-805, eff.

 

 

SB3473- 10 -LRB103 36420 RJT 66522 b

11-1-23; 102-813, eff. 5-13-22; 103-154, eff. 6-30-23; 103-175,
2eff. 6-30-23.)
 
3    (Text of Section after amendment by P.A. 103-472 but
4before amendment by P.A. 102-466)
5    Sec. 27A-5. Charter school; legal entity; requirements.
6    (a) A charter school shall be a public, nonsectarian,
7nonreligious, non-home based, and non-profit school. A charter
8school shall be organized and operated as a nonprofit
9corporation or other discrete, legal, nonprofit entity
10authorized under the laws of the State of Illinois.
11    (b) A charter school may be established under this Article
12by creating a new school or by converting an existing public
13school or attendance center to charter school status. In all
14new applications to establish a charter school in a city
15having a population exceeding 500,000, operation of the
16charter school shall be limited to one campus. This limitation
17does not apply to charter schools existing or approved on or
18before April 16, 2003.
19    (b-5) (Blank).
20    (c) A charter school shall be administered and governed by
21its board of directors or other governing body in the manner
22provided in its charter. The governing body of a charter
23school shall be subject to the Freedom of Information Act and
24the Open Meetings Act. A charter school's board of directors
25or other governing body must include at least one parent or

 

 

SB3473- 11 -LRB103 36420 RJT 66522 b

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

 

 

SB3473- 12 -LRB103 36420 RJT 66522 b

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

 

 

SB3473- 13 -LRB103 36420 RJT 66522 b

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

 

 

SB3473- 14 -LRB103 36420 RJT 66522 b

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

 

 

SB3473- 15 -LRB103 36420 RJT 66522 b

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

 

 

SB3473- 16 -LRB103 36420 RJT 66522 b

1        (36) the Illinois Human Rights Act; and .
2        (37) Section 2-3.204 of this Code.
3    The change made by Public Act 96-104 to this subsection
4(g) is declaratory of existing law.
5    (h) A charter school may negotiate and contract with a
6school district, the governing body of a State college or
7university or public community college, or any other public or
8for-profit or nonprofit private entity for: (i) the use of a
9school building and grounds or any other real property or
10facilities that the charter school desires to use or convert
11for use as a charter school site, (ii) the operation and
12maintenance thereof, and (iii) the provision of any service,
13activity, or undertaking that the charter school is required
14to perform in order to carry out the terms of its charter.
15Except as provided in subsection (i) of this Section, a school
16district may charge a charter school reasonable rent for the
17use of the district's buildings, grounds, and facilities. Any
18services for which a charter school contracts with a school
19district shall be provided by the district at cost. Any
20services for which a charter school contracts with a local
21school board or with the governing body of a State college or
22university or public community college shall be provided by
23the public entity at cost.
24    (i) In no event shall a charter school that is established
25by converting an existing school or attendance center to
26charter school status be required to pay rent for space that is

 

 

SB3473- 17 -LRB103 36420 RJT 66522 b

1deemed available, as negotiated and provided in the charter
2agreement, in school district facilities. However, all other
3costs for the operation and maintenance of school district
4facilities that are used by the charter school shall be
5subject to negotiation between the charter school and the
6local school board and shall be set forth in the charter.
7    (j) A charter school may limit student enrollment by age
8or grade level.
9    (k) If the charter school is authorized by the State
10Board, then the charter school is its own local education
11agency.
12(Source: P.A. 102-51, eff. 7-9-21; 102-157, eff. 7-1-22;
13102-360, eff. 1-1-22; 102-445, eff. 8-20-21; 102-522, eff.
148-20-21; 102-558, eff. 8-20-21; 102-676, eff. 12-3-21;
15102-697, eff. 4-5-22; 102-702, eff. 7-1-23; 102-805, eff.
161-1-23; 102-813, eff. 5-13-22; 103-154, eff. 6-30-23; 103-175,
17eff. 6-30-23; 103-472, eff. 8-1-24; revised 8-31-23.)
 
18    (Text of Section after amendment by P.A. 102-466)
19    Sec. 27A-5. Charter school; legal entity; requirements.
20    (a) A charter school shall be a public, nonsectarian,
21nonreligious, non-home based, and non-profit school. A charter
22school shall be organized and operated as a nonprofit
23corporation or other discrete, legal, nonprofit entity
24authorized under the laws of the State of Illinois.
25    (b) A charter school may be established under this Article

 

 

SB3473- 18 -LRB103 36420 RJT 66522 b

1by creating a new school or by converting an existing public
2school or attendance center to charter school status. In all
3new applications to establish a charter school in a city
4having a population exceeding 500,000, operation of the
5charter school shall be limited to one campus. This limitation
6does not apply to charter schools existing or approved on or
7before April 16, 2003.
8    (b-5) (Blank).
9    (c) A charter school shall be administered and governed by
10its board of directors or other governing body in the manner
11provided in its charter. The governing body of a charter
12school shall be subject to the Freedom of Information Act and
13the Open Meetings Act. A charter school's board of directors
14or other governing body must include at least one parent or
15guardian of a pupil currently enrolled in the charter school
16who may be selected through the charter school or a charter
17network election, appointment by the charter school's board of
18directors or other governing body, or by the charter school's
19Parent Teacher Organization or its equivalent.
20    (c-5) No later than January 1, 2021 or within the first
21year of his or her first term, every voting member of a charter
22school's board of directors or other governing body shall
23complete a minimum of 4 hours of professional development
24leadership training to ensure that each member has sufficient
25familiarity with the board's or governing body's role and
26responsibilities, including financial oversight and

 

 

SB3473- 19 -LRB103 36420 RJT 66522 b

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

 

 

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

 

 

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

 

 

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

 

 

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1        (22) Section 27-9.1b of this Code;
2        (23) Section 34-18.8 of this Code;
3        (24) Article 26A of this Code;
4        (25) Section 2-3.188 of this Code;
5        (26) Section 22-85.5 of this Code;
6        (27) subsections (d-10), (d-15), and (d-20) of Section
7    10-20.56 of this Code;
8        (28) Sections 10-20.83 and 34-18.78 of this Code;
9        (29) Section 10-20.13 of this Code;
10        (30) Section 28-19.2 of this Code;
11        (31) Section 34-21.6 of this Code; and
12        (32) Section 22-85.10 of this Code;
13        (33) Section 2-3.196 of this Code;
14        (34) Section 22-95 of this Code;
15        (35) Section 34-18.62 of this Code; and
16        (36) the Illinois Human Rights Act; and .
17        (37) Section 2-3.204 of this Code.
18    The change made by Public Act 96-104 to this subsection
19(g) is declaratory of existing law.
20    (h) A charter school may negotiate and contract with a
21school district, the governing body of a State college or
22university or public community college, or any other public or
23for-profit or nonprofit private entity for: (i) the use of a
24school building and grounds or any other real property or
25facilities that the charter school desires to use or convert
26for use as a charter school site, (ii) the operation and

 

 

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

 

 

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1(Source: P.A. 102-51, eff. 7-9-21; 102-157, eff. 7-1-22;
2102-360, eff. 1-1-22; 102-445, eff. 8-20-21; 102-466, eff.
37-1-25; 102-522, eff. 8-20-21; 102-558, eff. 8-20-21; 102-676,
4eff. 12-3-21; 102-697, eff. 4-5-22; 102-702, eff. 7-1-23;
5102-805, eff. 1-1-23; 102-813, eff. 5-13-22; 103-154, eff.
66-30-23; 103-175, eff. 6-30-23; 103-472, eff. 8-1-24; revised
78-31-23.)
 
8    Section 95. No acceleration or delay. Where this Act makes
9changes in a statute that is represented in this Act by text
10that is not yet or no longer in effect (for example, a Section
11represented by multiple versions), the use of that text does
12not accelerate or delay the taking effect of (i) the changes
13made by this Act or (ii) provisions derived from any other
14Public Act.
 
15    Section 99. Effective date. This Act takes effect upon
16becoming law.