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

SB3473enr 103RD GENERAL ASSEMBLY

 


 
SB3473 EnrolledLRB103 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 Section 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. Each school district and charter
14school shall post the informational materials on the school
15district's or charter school's website, if any.
16    (b) Information developed pursuant to this Section may
17include, but is not limited to, all of the following:
18        (1) A description of type 1 diabetes.
19        (2) A description of the risk factors and warning
20    signs associated with type 1 diabetes.
21        (3) A recommendation regarding a student displaying
22    warning signs associated with type 1 diabetes that the
23    parent or guardian of the student should immediately

 

 

SB3473 Enrolled- 2 -LRB103 36420 RJT 66522 b

1    consult with the student's primary care provider to
2    determine if immediate screening for type 1 diabetes is
3    appropriate.
4        (4) A description of the screening process for type 1
5    diabetes and the implications of test results.
6        (5) A recommendation that, following a type 1 diabetes
7    diagnosis, the parent or guardian should consult with the
8    student's primary care provider to develop an appropriate
9    treatment plan, which may include consultation with and
10    examination by a specialty care provider, including, but
11    not limited to, a properly qualified endocrinologist.
 
12    (105 ILCS 5/27A-5)
13    (Text of Section before amendment by P.A. 102-466 and
14103-472)
15    Sec. 27A-5. Charter school; legal entity; requirements.
16    (a) A charter school shall be a public, nonsectarian,
17nonreligious, non-home based, and non-profit school. A charter
18school shall be organized and operated as a nonprofit
19corporation or other discrete, legal, nonprofit entity
20authorized under the laws of the State of Illinois.
21    (b) A charter school may be established under this Article
22by creating a new school or by converting an existing public
23school or attendance center to charter school status. In all
24new applications to establish a charter school in a city
25having a population exceeding 500,000, operation of the

 

 

SB3473 Enrolled- 3 -LRB103 36420 RJT 66522 b

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

 

 

SB3473 Enrolled- 4 -LRB103 36420 RJT 66522 b

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

 

 

SB3473 Enrolled- 5 -LRB103 36420 RJT 66522 b

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

 

 

SB3473 Enrolled- 6 -LRB103 36420 RJT 66522 b

1Board a copy of its audit and a copy of the Form 990 the
2charter school filed that year with the federal Internal
3Revenue Service. In addition, if deemed necessary for proper
4financial oversight of the charter school, an authorizer may
5require quarterly financial statements from each charter
6school.
7    (g) A charter school shall comply with all provisions of
8this Article, the Illinois Educational Labor Relations Act,
9all federal and State laws and rules applicable to public
10schools that pertain to special education and the instruction
11of English learners, and its charter. A charter school is
12exempt from all other State laws and regulations in this Code
13governing public schools and local school board policies;
14however, a charter school is not exempt from the following:
15        (1) Sections 10-21.9 and 34-18.5 of this Code
16    regarding criminal history records checks and checks of
17    the Statewide Sex Offender Database and Statewide Murderer
18    and Violent Offender Against Youth Database of applicants
19    for employment;
20        (2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and
21    34-84a of this Code regarding discipline of students;
22        (3) the Local Governmental and Governmental Employees
23    Tort Immunity Act;
24        (4) Section 108.75 of the General Not For Profit
25    Corporation Act of 1986 regarding indemnification of
26    officers, directors, employees, and agents;

 

 

SB3473 Enrolled- 7 -LRB103 36420 RJT 66522 b

1        (5) the Abused and Neglected Child Reporting Act;
2        (5.5) subsection (b) of Section 10-23.12 and
3    subsection (b) of Section 34-18.6 of this Code;
4        (6) the Illinois School Student Records Act;
5        (7) Section 10-17a of this Code regarding school
6    report cards;
7        (8) the P-20 Longitudinal Education Data System Act;
8        (9) Section 27-23.7 of this Code regarding bullying
9    prevention;
10        (10) Section 2-3.162 of this Code regarding student
11    discipline reporting;
12        (11) Sections 22-80 and 27-8.1 of this Code;
13        (12) Sections 10-20.60 and 34-18.53 of this Code;
14        (13) Sections 10-20.63 and 34-18.56 of this Code;
15        (14) Sections 22-90 and 26-18 of this Code;
16        (15) Section 22-30 of this Code;
17        (16) Sections 24-12 and 34-85 of this Code;
18        (17) the Seizure Smart School Act;
19        (18) Section 2-3.64a-10 of this Code;
20        (19) Sections 10-20.73 and 34-21.9 of this Code;
21        (20) Section 10-22.25b of this Code;
22        (21) Section 27-9.1a of this Code;
23        (22) Section 27-9.1b of this Code;
24        (23) Section 34-18.8 of this Code;
25        (25) Section 2-3.188 of this Code;
26        (26) Section 22-85.5 of this Code;

 

 

SB3473 Enrolled- 8 -LRB103 36420 RJT 66522 b

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

 

 

SB3473 Enrolled- 9 -LRB103 36420 RJT 66522 b

1school board or with the governing body of a State college or
2university or public community college shall be provided by
3the public entity at cost.
4    (i) In no event shall a charter school that is established
5by converting an existing school or attendance center to
6charter school status be required to pay rent for space that is
7deemed available, as negotiated and provided in the charter
8agreement, in school district facilities. However, all other
9costs for the operation and maintenance of school district
10facilities that are used by the charter school shall be
11subject to negotiation between the charter school and the
12local school board and shall be set forth in the charter.
13    (j) A charter school may limit student enrollment by age
14or grade level.
15    (k) If the charter school is authorized by the State
16Board, then the charter school is its own local education
17agency.
18(Source: P.A. 102-51, eff. 7-9-21; 102-157, eff. 7-1-22;
19102-360, eff. 1-1-22; 102-445, eff. 8-20-21; 102-522, eff.
208-20-21; 102-558, eff. 8-20-21; 102-676, eff. 12-3-21;
21102-697, eff. 4-5-22; 102-702, eff. 7-1-23; 102-805, eff.
221-1-23; 102-813, eff. 5-13-22; 103-154, eff. 6-30-23; 103-175,
23eff. 6-30-23.)
 
24    (Text of Section after amendment by P.A. 103-472 but
25before amendment by P.A. 102-466)

 

 

SB3473 Enrolled- 10 -LRB103 36420 RJT 66522 b

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.

 

 

SB3473 Enrolled- 11 -LRB103 36420 RJT 66522 b

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

 

 

SB3473 Enrolled- 12 -LRB103 36420 RJT 66522 b

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.

 

 

SB3473 Enrolled- 13 -LRB103 36420 RJT 66522 b

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

 

 

SB3473 Enrolled- 14 -LRB103 36420 RJT 66522 b

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;

 

 

SB3473 Enrolled- 15 -LRB103 36420 RJT 66522 b

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        (25) Section 2-3.188 of this Code;
11        (26) Section 22-85.5 of this Code;
12        (27) subsections (d-10), (d-15), and (d-20) of Section
13    10-20.56 of this Code;
14        (28) Sections 10-20.83 and 34-18.78 of this Code;
15        (29) Section 10-20.13 of this Code;
16        (30) Section 28-19.2 of this Code;
17        (31) Section 34-21.6 of this Code; and
18        (32) Section 22-85.10 of this Code;
19        (33) Section 2-3.196 of this Code;
20        (34) Section 22-95 of this Code;
21        (35) Section 34-18.62 of this Code; and
22        (36) the Illinois Human Rights Act; and .
23        (37) Section 2-3.204 of this Code.
24    The change made by Public Act 96-104 to this subsection
25(g) is declaratory of existing law.
26    (h) A charter school may negotiate and contract with a

 

 

SB3473 Enrolled- 16 -LRB103 36420 RJT 66522 b

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

 

 

SB3473 Enrolled- 17 -LRB103 36420 RJT 66522 b

1local school board and shall be set forth in the charter.
2    (j) A charter school may limit student enrollment by age
3or grade level.
4    (k) If the charter school is authorized by the State
5Board, then the charter school is its own local education
6agency.
7(Source: P.A. 102-51, eff. 7-9-21; 102-157, eff. 7-1-22;
8102-360, eff. 1-1-22; 102-445, eff. 8-20-21; 102-522, eff.
98-20-21; 102-558, eff. 8-20-21; 102-676, eff. 12-3-21;
10102-697, eff. 4-5-22; 102-702, eff. 7-1-23; 102-805, eff.
111-1-23; 102-813, eff. 5-13-22; 103-154, eff. 6-30-23; 103-175,
12eff. 6-30-23; 103-472, eff. 8-1-24; revised 8-31-23.)
 
13    (Text of Section after amendment by P.A. 102-466)
14    Sec. 27A-5. Charter school; legal entity; requirements.
15    (a) A charter school shall be a public, nonsectarian,
16nonreligious, non-home based, and non-profit school. A charter
17school shall be organized and operated as a nonprofit
18corporation or other discrete, legal, nonprofit entity
19authorized under the laws of the State of Illinois.
20    (b) A charter school may be established under this Article
21by creating a new school or by converting an existing public
22school or attendance center to charter school status. In all
23new applications to establish a charter school in a city
24having a population exceeding 500,000, operation of the
25charter school shall be limited to one campus. This limitation

 

 

SB3473 Enrolled- 18 -LRB103 36420 RJT 66522 b

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

 

 

SB3473 Enrolled- 19 -LRB103 36420 RJT 66522 b

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

 

 

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

 

 

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1charter school filed that year with the federal Internal
2Revenue Service. In addition, if deemed necessary for proper
3financial oversight of the charter school, an authorizer may
4require quarterly financial statements from each charter
5school.
6    (g) A charter school shall comply with all provisions of
7this Article, the Illinois Educational Labor Relations Act,
8all federal and State laws and rules applicable to public
9schools that pertain to special education and the instruction
10of English learners, and its charter. A charter school is
11exempt from all other State laws and regulations in this Code
12governing public schools and local school board policies;
13however, a charter school is not exempt from the following:
14        (1) Sections 10-21.9 and 34-18.5 of this Code
15    regarding criminal history records checks and checks of
16    the Statewide Sex Offender Database and Statewide Murderer
17    and Violent Offender Against Youth Database of applicants
18    for employment;
19        (2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and
20    34-84a of this Code regarding discipline of students;
21        (3) the Local Governmental and Governmental Employees
22    Tort Immunity Act;
23        (4) Section 108.75 of the General Not For Profit
24    Corporation Act of 1986 regarding indemnification of
25    officers, directors, employees, and agents;
26        (5) the Abused and Neglected Child Reporting Act;

 

 

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1        (5.5) subsection (b) of Section 10-23.12 and
2    subsection (b) of Section 34-18.6 of this Code;
3        (6) the Illinois School Student Records Act;
4        (7) Section 10-17a of this Code regarding school
5    report cards;
6        (8) the P-20 Longitudinal Education Data System Act;
7        (9) Section 27-23.7 of this Code regarding bullying
8    prevention;
9        (10) Section 2-3.162 of this Code regarding student
10    discipline reporting;
11        (11) Sections 22-80 and 27-8.1 of this Code;
12        (12) Sections 10-20.60 and 34-18.53 of this Code;
13        (13) Sections 10-20.63 and 34-18.56 of this Code;
14        (14) Sections 22-90 and 26-18 of this Code;
15        (15) Section 22-30 of this Code;
16        (16) Sections 24-12 and 34-85 of this Code;
17        (17) the Seizure Smart School Act;
18        (18) Section 2-3.64a-10 of this Code;
19        (19) Sections 10-20.73 and 34-21.9 of this Code;
20        (20) Section 10-22.25b of this Code;
21        (21) Section 27-9.1a of this Code;
22        (22) Section 27-9.1b of this Code;
23        (23) Section 34-18.8 of this Code;
24        (24) Article 26A of this Code;
25        (25) Section 2-3.188 of this Code;
26        (26) Section 22-85.5 of this Code;

 

 

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

 

 

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1use of the district's buildings, grounds, and facilities. Any
2services for which a charter school contracts with a school
3district shall be provided by the district at cost. Any
4services for which a charter school contracts with a local
5school board or with the governing body of a State college or
6university or public community college shall be provided by
7the public entity at cost.
8    (i) In no event shall a charter school that is established
9by converting an existing school or attendance center to
10charter school status be required to pay rent for space that is
11deemed available, as negotiated and provided in the charter
12agreement, in school district facilities. However, all other
13costs for the operation and maintenance of school district
14facilities that are used by the charter school shall be
15subject to negotiation between the charter school and the
16local school board and shall be set forth in the charter.
17    (j) A charter school may limit student enrollment by age
18or grade level.
19    (k) If the charter school is authorized by the State
20Board, then the charter school is its own local education
21agency.
22(Source: P.A. 102-51, eff. 7-9-21; 102-157, eff. 7-1-22;
23102-360, eff. 1-1-22; 102-445, eff. 8-20-21; 102-466, eff.
247-1-25; 102-522, eff. 8-20-21; 102-558, eff. 8-20-21; 102-676,
25eff. 12-3-21; 102-697, eff. 4-5-22; 102-702, eff. 7-1-23;
26102-805, eff. 1-1-23; 102-813, eff. 5-13-22; 103-154, eff.

 

 

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16-30-23; 103-175, eff. 6-30-23; 103-472, eff. 8-1-24; revised
28-31-23.)
 
3    Section 95. No acceleration or delay. Where this Act makes
4changes in a statute that is represented in this Act by text
5that is not yet or no longer in effect (for example, a Section
6represented by multiple versions), the use of that text does
7not accelerate or delay the taking effect of (i) the changes
8made by this Act or (ii) provisions derived from any other
9Public Act.
 
10    Section 99. Effective date. This Act takes effect upon
11becoming law.