Full Text of SB3473 103rd General Assembly
SB3473enr 103RD GENERAL ASSEMBLY | | | SB3473 Enrolled | | LRB103 36420 RJT 66522 b |
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| 1 | | AN ACT concerning education. | 2 | | Be it enacted by the People of the State of Illinois, | 3 | | represented in the General Assembly: | 4 | | Section 5. The School Code is amended by adding Section | 5 | | 2-3.204 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 | 9 | | Department of Public Health, shall develop type 1 diabetes | 10 | | informational materials for the parents and guardians of | 11 | | students. The informational materials shall be made available | 12 | | to each school district and charter school on the State | 13 | | Board's Internet website. Each school district and charter | 14 | | school shall post the informational materials on the school | 15 | | district's or charter school's website, if any. | 16 | | (b) Information developed pursuant to this Section may | 17 | | include, 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 |
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| 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 | 14 | | 103-472 ) | 15 | | Sec. 27A-5. Charter school; legal entity; requirements. | 16 | | (a) A charter school shall be a public, nonsectarian, | 17 | | nonreligious, non-home based, and non-profit school. A charter | 18 | | school shall be organized and operated as a nonprofit | 19 | | corporation or other discrete, legal, nonprofit entity | 20 | | authorized under the laws of the State of Illinois. | 21 | | (b) A charter school may be established under this Article | 22 | | by creating a new school or by converting an existing public | 23 | | school or attendance center to charter school status. In all | 24 | | new applications to establish a charter school in a city | 25 | | having a population exceeding 500,000, operation of the |
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| 1 | | charter school shall be limited to one campus. This limitation | 2 | | does not apply to charter schools existing or approved on or | 3 | | before April 16, 2003. | 4 | | (b-5) (Blank). | 5 | | (c) A charter school shall be administered and governed by | 6 | | its board of directors or other governing body in the manner | 7 | | provided in its charter. The governing body of a charter | 8 | | school shall be subject to the Freedom of Information Act and | 9 | | the Open Meetings Act. A charter school's board of directors | 10 | | or other governing body must include at least one parent or | 11 | | guardian of a pupil currently enrolled in the charter school | 12 | | who may be selected through the charter school or a charter | 13 | | network election, appointment by the charter school's board of | 14 | | directors or other governing body, or by the charter school's | 15 | | Parent Teacher Organization or its equivalent. | 16 | | (c-5) No later than January 1, 2021 or within the first | 17 | | year of his or her first term, every voting member of a charter | 18 | | school's board of directors or other governing body shall | 19 | | complete a minimum of 4 hours of professional development | 20 | | leadership training to ensure that each member has sufficient | 21 | | familiarity with the board's or governing body's role and | 22 | | responsibilities, including financial oversight and | 23 | | accountability of the school, evaluating the principal's and | 24 | | school's performance, adherence to the Freedom of Information | 25 | | Act and the Open Meetings Act, and compliance with education | 26 | | and labor law. In each subsequent year of his or her term, a |
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| 1 | | voting member of a charter school's board of directors or | 2 | | other governing body shall complete a minimum of 2 hours of | 3 | | professional development training in these same areas. The | 4 | | training under this subsection may be provided or certified by | 5 | | a statewide charter school membership association or may be | 6 | | provided or certified by other qualified providers approved by | 7 | | the State Board. | 8 | | (d) For purposes of this subsection (d), "non-curricular | 9 | | health and safety requirement" means any health and safety | 10 | | requirement created by statute or rule to provide, maintain, | 11 | | preserve, or safeguard safe or healthful conditions for | 12 | | students and school personnel or to eliminate, reduce, or | 13 | | prevent threats to the health and safety of students and | 14 | | school personnel. "Non-curricular health and safety | 15 | | requirement" does not include any course of study or | 16 | | specialized instructional requirement for which the State | 17 | | Board has established goals and learning standards or which is | 18 | | designed primarily to impart knowledge and skills for students | 19 | | to master and apply as an outcome of their education. | 20 | | A charter school shall comply with all non-curricular | 21 | | health and safety requirements applicable to public schools | 22 | | under the laws of the State of Illinois. The State Board shall | 23 | | promulgate and post on its Internet website a list of | 24 | | non-curricular health and safety requirements that a charter | 25 | | school must meet. The list shall be updated annually no later | 26 | | than September 1. Any charter contract between a charter |
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| 1 | | school and its authorizer must contain a provision that | 2 | | requires the charter school to follow the list of all | 3 | | non-curricular health and safety requirements promulgated by | 4 | | the State Board and any non-curricular health and safety | 5 | | requirements added by the State Board to such list during the | 6 | | term of the charter. Nothing in this subsection (d) precludes | 7 | | an authorizer from including non-curricular health and safety | 8 | | requirements in a charter school contract that are not | 9 | | contained in the list promulgated by the State Board, | 10 | | including non-curricular health and safety requirements of the | 11 | | authorizing local school board. | 12 | | (e) Except as otherwise provided in the School Code, a | 13 | | charter school shall not charge tuition; provided that a | 14 | | charter school may charge reasonable fees for textbooks, | 15 | | instructional materials, and student activities. | 16 | | (f) A charter school shall be responsible for the | 17 | | management and operation of its fiscal affairs, including, but | 18 | | not limited to, the preparation of its budget. An audit of each | 19 | | charter school's finances shall be conducted annually by an | 20 | | outside, independent contractor retained by the charter | 21 | | school. The contractor shall not be an employee of the charter | 22 | | school or affiliated with the charter school or its authorizer | 23 | | in any way, other than to audit the charter school's finances. | 24 | | To ensure financial accountability for the use of public | 25 | | funds, on or before December 1 of every year of operation, each | 26 | | charter school shall submit to its authorizer and the State |
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| 1 | | Board a copy of its audit and a copy of the Form 990 the | 2 | | charter school filed that year with the federal Internal | 3 | | Revenue Service. In addition, if deemed necessary for proper | 4 | | financial oversight of the charter school, an authorizer may | 5 | | require quarterly financial statements from each charter | 6 | | school. | 7 | | (g) A charter school shall comply with all provisions of | 8 | | this Article, the Illinois Educational Labor Relations Act, | 9 | | all federal and State laws and rules applicable to public | 10 | | schools that pertain to special education and the instruction | 11 | | of English learners, and its charter. A charter school is | 12 | | exempt from all other State laws and regulations in this Code | 13 | | governing public schools and local school board policies; | 14 | | however, 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; |
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| 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; |
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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 ; 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 | 12 | | school district, the governing body of a State college or | 13 | | university or public community college, or any other public or | 14 | | for-profit or nonprofit private entity for: (i) the use of a | 15 | | school building and grounds or any other real property or | 16 | | facilities that the charter school desires to use or convert | 17 | | for use as a charter school site, (ii) the operation and | 18 | | maintenance thereof, and (iii) the provision of any service, | 19 | | activity, or undertaking that the charter school is required | 20 | | to perform in order to carry out the terms of its charter. | 21 | | Except as provided in subsection (i) of this Section, a school | 22 | | district may charge a charter school reasonable rent for the | 23 | | use of the district's buildings, grounds, and facilities. Any | 24 | | services for which a charter school contracts with a school | 25 | | district shall be provided by the district at cost. Any | 26 | | services for which a charter school contracts with a local |
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| 1 | | school board or with the governing body of a State college or | 2 | | university or public community college shall be provided by | 3 | | the public entity at cost. | 4 | | (i) In no event shall a charter school that is established | 5 | | by converting an existing school or attendance center to | 6 | | charter school status be required to pay rent for space that is | 7 | | deemed available, as negotiated and provided in the charter | 8 | | agreement, in school district facilities. However, all other | 9 | | costs for the operation and maintenance of school district | 10 | | facilities that are used by the charter school shall be | 11 | | subject to negotiation between the charter school and the | 12 | | local school board and shall be set forth in the charter. | 13 | | (j) A charter school may limit student enrollment by age | 14 | | or grade level. | 15 | | (k) If the charter school is authorized by the State | 16 | | Board, then the charter school is its own local education | 17 | | agency. | 18 | | (Source: P.A. 102-51, eff. 7-9-21; 102-157, eff. 7-1-22; | 19 | | 102-360, eff. 1-1-22; 102-445, eff. 8-20-21; 102-522, eff. | 20 | | 8-20-21; 102-558, eff. 8-20-21; 102-676, eff. 12-3-21; | 21 | | 102-697, eff. 4-5-22; 102-702, eff. 7-1-23; 102-805, eff. | 22 | | 1-1-23; 102-813, eff. 5-13-22; 103-154, eff. 6-30-23; 103-175, | 23 | | eff. 6-30-23.) | 24 | | (Text of Section after amendment by P.A. 103-472 but | 25 | | before amendment by P.A. 102-466 ) |
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| 1 | | Sec. 27A-5. Charter school; legal entity; requirements. | 2 | | (a) A charter school shall be a public, nonsectarian, | 3 | | nonreligious, non-home based, and non-profit school. A charter | 4 | | school shall be organized and operated as a nonprofit | 5 | | corporation or other discrete, legal, nonprofit entity | 6 | | authorized under the laws of the State of Illinois. | 7 | | (b) A charter school may be established under this Article | 8 | | by creating a new school or by converting an existing public | 9 | | school or attendance center to charter school status. In all | 10 | | new applications to establish a charter school in a city | 11 | | having a population exceeding 500,000, operation of the | 12 | | charter school shall be limited to one campus. This limitation | 13 | | does not apply to charter schools existing or approved on or | 14 | | before April 16, 2003. | 15 | | (b-5) (Blank). | 16 | | (c) A charter school shall be administered and governed by | 17 | | its board of directors or other governing body in the manner | 18 | | provided in its charter. The governing body of a charter | 19 | | school shall be subject to the Freedom of Information Act and | 20 | | the Open Meetings Act. A charter school's board of directors | 21 | | or other governing body must include at least one parent or | 22 | | guardian of a pupil currently enrolled in the charter school | 23 | | who may be selected through the charter school or a charter | 24 | | network election, appointment by the charter school's board of | 25 | | directors or other governing body, or by the charter school's | 26 | | Parent Teacher Organization or its equivalent. |
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| 1 | | (c-5) No later than January 1, 2021 or within the first | 2 | | year of his or her first term, every voting member of a charter | 3 | | school's board of directors or other governing body shall | 4 | | complete a minimum of 4 hours of professional development | 5 | | leadership training to ensure that each member has sufficient | 6 | | familiarity with the board's or governing body's role and | 7 | | responsibilities, including financial oversight and | 8 | | accountability of the school, evaluating the principal's and | 9 | | school's performance, adherence to the Freedom of Information | 10 | | Act and the Open Meetings Act, and compliance with education | 11 | | and labor law. In each subsequent year of his or her term, a | 12 | | voting member of a charter school's board of directors or | 13 | | other governing body shall complete a minimum of 2 hours of | 14 | | professional development training in these same areas. The | 15 | | training under this subsection may be provided or certified by | 16 | | a statewide charter school membership association or may be | 17 | | provided or certified by other qualified providers approved by | 18 | | the State Board. | 19 | | (d) For purposes of this subsection (d), "non-curricular | 20 | | health and safety requirement" means any health and safety | 21 | | requirement created by statute or rule to provide, maintain, | 22 | | preserve, or safeguard safe or healthful conditions for | 23 | | students and school personnel or to eliminate, reduce, or | 24 | | prevent threats to the health and safety of students and | 25 | | school personnel. "Non-curricular health and safety | 26 | | requirement" does not include any course of study or |
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| 1 | | specialized instructional requirement for which the State | 2 | | Board has established goals and learning standards or which is | 3 | | designed primarily to impart knowledge and skills for students | 4 | | to master and apply as an outcome of their education. | 5 | | A charter school shall comply with all non-curricular | 6 | | health and safety requirements applicable to public schools | 7 | | under the laws of the State of Illinois. The State Board shall | 8 | | promulgate and post on its Internet website a list of | 9 | | non-curricular health and safety requirements that a charter | 10 | | school must meet. The list shall be updated annually no later | 11 | | than September 1. Any charter contract between a charter | 12 | | school and its authorizer must contain a provision that | 13 | | requires the charter school to follow the list of all | 14 | | non-curricular health and safety requirements promulgated by | 15 | | the State Board and any non-curricular health and safety | 16 | | requirements added by the State Board to such list during the | 17 | | term of the charter. Nothing in this subsection (d) precludes | 18 | | an authorizer from including non-curricular health and safety | 19 | | requirements in a charter school contract that are not | 20 | | contained in the list promulgated by the State Board, | 21 | | including non-curricular health and safety requirements of the | 22 | | authorizing local school board. | 23 | | (e) Except as otherwise provided in the School Code, a | 24 | | charter school shall not charge tuition; provided that a | 25 | | charter school may charge reasonable fees for textbooks, | 26 | | instructional materials, and student activities. |
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| 1 | | (f) A charter school shall be responsible for the | 2 | | management and operation of its fiscal affairs, including, but | 3 | | not limited to, the preparation of its budget. An audit of each | 4 | | charter school's finances shall be conducted annually by an | 5 | | outside, independent contractor retained by the charter | 6 | | school. The contractor shall not be an employee of the charter | 7 | | school or affiliated with the charter school or its authorizer | 8 | | in any way, other than to audit the charter school's finances. | 9 | | To ensure financial accountability for the use of public | 10 | | funds, on or before December 1 of every year of operation, each | 11 | | charter school shall submit to its authorizer and the State | 12 | | Board a copy of its audit and a copy of the Form 990 the | 13 | | charter school filed that year with the federal Internal | 14 | | Revenue Service. In addition, if deemed necessary for proper | 15 | | financial oversight of the charter school, an authorizer may | 16 | | require quarterly financial statements from each charter | 17 | | school. | 18 | | (g) A charter school shall comply with all provisions of | 19 | | this Article, the Illinois Educational Labor Relations Act, | 20 | | all federal and State laws and rules applicable to public | 21 | | schools that pertain to special education and the instruction | 22 | | of English learners, and its charter. A charter school is | 23 | | exempt from all other State laws and regulations in this Code | 24 | | governing public schools and local school board policies; | 25 | | however, a charter school is not exempt from the following: | 26 | | (1) Sections 10-21.9 and 34-18.5 of this Code |
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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 | | (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 |
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| 1 | | school district, the governing body of a State college or | 2 | | university or public community college, or any other public or | 3 | | for-profit or nonprofit private entity for: (i) the use of a | 4 | | school building and grounds or any other real property or | 5 | | facilities that the charter school desires to use or convert | 6 | | for use as a charter school site, (ii) the operation and | 7 | | maintenance thereof, and (iii) the provision of any service, | 8 | | activity, or undertaking that the charter school is required | 9 | | to perform in order to carry out the terms of its charter. | 10 | | Except as provided in subsection (i) of this Section, a school | 11 | | district may charge a charter school reasonable rent for the | 12 | | use of the district's buildings, grounds, and facilities. Any | 13 | | services for which a charter school contracts with a school | 14 | | district shall be provided by the district at cost. Any | 15 | | services for which a charter school contracts with a local | 16 | | school board or with the governing body of a State college or | 17 | | university or public community college shall be provided by | 18 | | the public entity at cost. | 19 | | (i) In no event shall a charter school that is established | 20 | | by converting an existing school or attendance center to | 21 | | charter school status be required to pay rent for space that is | 22 | | deemed available, as negotiated and provided in the charter | 23 | | agreement, in school district facilities. However, all other | 24 | | costs for the operation and maintenance of school district | 25 | | facilities that are used by the charter school shall be | 26 | | subject to negotiation between the charter school and the |
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| 1 | | local school board and shall be set forth in the charter. | 2 | | (j) A charter school may limit student enrollment by age | 3 | | or grade level. | 4 | | (k) If the charter school is authorized by the State | 5 | | Board, then the charter school is its own local education | 6 | | agency. | 7 | | (Source: P.A. 102-51, eff. 7-9-21; 102-157, eff. 7-1-22; | 8 | | 102-360, eff. 1-1-22; 102-445, eff. 8-20-21; 102-522, eff. | 9 | | 8-20-21; 102-558, eff. 8-20-21; 102-676, eff. 12-3-21; | 10 | | 102-697, eff. 4-5-22; 102-702, eff. 7-1-23; 102-805, eff. | 11 | | 1-1-23; 102-813, eff. 5-13-22; 103-154, eff. 6-30-23; 103-175, | 12 | | eff. 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, | 16 | | nonreligious, non-home based, and non-profit school. A charter | 17 | | school shall be organized and operated as a nonprofit | 18 | | corporation or other discrete, legal, nonprofit entity | 19 | | authorized under the laws of the State of Illinois. | 20 | | (b) A charter school may be established under this Article | 21 | | by creating a new school or by converting an existing public | 22 | | school or attendance center to charter school status. In all | 23 | | new applications to establish a charter school in a city | 24 | | having a population exceeding 500,000, operation of the | 25 | | charter school shall be limited to one campus. This limitation |
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| 1 | | does not apply to charter schools existing or approved on or | 2 | | before April 16, 2003. | 3 | | (b-5) (Blank). | 4 | | (c) A charter school shall be administered and governed by | 5 | | its board of directors or other governing body in the manner | 6 | | provided in its charter. The governing body of a charter | 7 | | school shall be subject to the Freedom of Information Act and | 8 | | the Open Meetings Act. A charter school's board of directors | 9 | | or other governing body must include at least one parent or | 10 | | guardian of a pupil currently enrolled in the charter school | 11 | | who may be selected through the charter school or a charter | 12 | | network election, appointment by the charter school's board of | 13 | | directors or other governing body, or by the charter school's | 14 | | Parent Teacher Organization or its equivalent. | 15 | | (c-5) No later than January 1, 2021 or within the first | 16 | | year of his or her first term, every voting member of a charter | 17 | | school's board of directors or other governing body shall | 18 | | complete a minimum of 4 hours of professional development | 19 | | leadership training to ensure that each member has sufficient | 20 | | familiarity with the board's or governing body's role and | 21 | | responsibilities, including financial oversight and | 22 | | accountability of the school, evaluating the principal's and | 23 | | school's performance, adherence to the Freedom of Information | 24 | | Act and the Open Meetings Act, and compliance with education | 25 | | and labor law. In each subsequent year of his or her term, a | 26 | | voting member of a charter school's board of directors or |
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| 1 | | other governing body shall complete a minimum of 2 hours of | 2 | | professional development training in these same areas. The | 3 | | training under this subsection may be provided or certified by | 4 | | a statewide charter school membership association or may be | 5 | | provided or certified by other qualified providers approved by | 6 | | the State Board. | 7 | | (d) For purposes of this subsection (d), "non-curricular | 8 | | health and safety requirement" means any health and safety | 9 | | requirement created by statute or rule to provide, maintain, | 10 | | preserve, or safeguard safe or healthful conditions for | 11 | | students and school personnel or to eliminate, reduce, or | 12 | | prevent threats to the health and safety of students and | 13 | | school personnel. "Non-curricular health and safety | 14 | | requirement" does not include any course of study or | 15 | | specialized instructional requirement for which the State | 16 | | Board has established goals and learning standards or which is | 17 | | designed primarily to impart knowledge and skills for students | 18 | | to master and apply as an outcome of their education. | 19 | | A charter school shall comply with all non-curricular | 20 | | health and safety requirements applicable to public schools | 21 | | under the laws of the State of Illinois. The State Board shall | 22 | | promulgate and post on its Internet website a list of | 23 | | non-curricular health and safety requirements that a charter | 24 | | school must meet. The list shall be updated annually no later | 25 | | than September 1. Any charter contract between a charter | 26 | | school and its authorizer must contain a provision that |
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| 1 | | requires the charter school to follow the list of all | 2 | | non-curricular health and safety requirements promulgated by | 3 | | the State Board and any non-curricular health and safety | 4 | | requirements added by the State Board to such list during the | 5 | | term of the charter. Nothing in this subsection (d) precludes | 6 | | an authorizer from including non-curricular health and safety | 7 | | requirements in a charter school contract that are not | 8 | | contained in the list promulgated by the State Board, | 9 | | including non-curricular health and safety requirements of the | 10 | | authorizing local school board. | 11 | | (e) Except as otherwise provided in the School Code, a | 12 | | charter school shall not charge tuition; provided that a | 13 | | charter school may charge reasonable fees for textbooks, | 14 | | instructional materials, and student activities. | 15 | | (f) A charter school shall be responsible for the | 16 | | management and operation of its fiscal affairs, including, but | 17 | | not limited to, the preparation of its budget. An audit of each | 18 | | charter school's finances shall be conducted annually by an | 19 | | outside, independent contractor retained by the charter | 20 | | school. The contractor shall not be an employee of the charter | 21 | | school or affiliated with the charter school or its authorizer | 22 | | in any way, other than to audit the charter school's finances. | 23 | | To ensure financial accountability for the use of public | 24 | | funds, on or before December 1 of every year of operation, each | 25 | | charter school shall submit to its authorizer and the State | 26 | | Board a copy of its audit and a copy of the Form 990 the |
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| 1 | | charter school filed that year with the federal Internal | 2 | | Revenue Service. In addition, if deemed necessary for proper | 3 | | financial oversight of the charter school, an authorizer may | 4 | | require quarterly financial statements from each charter | 5 | | school. | 6 | | (g) A charter school shall comply with all provisions of | 7 | | this Article, the Illinois Educational Labor Relations Act, | 8 | | all federal and State laws and rules applicable to public | 9 | | schools that pertain to special education and the instruction | 10 | | of English learners, and its charter. A charter school is | 11 | | exempt from all other State laws and regulations in this Code | 12 | | governing public schools and local school board policies; | 13 | | however, 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 | 16 | | school district, the governing body of a State college or | 17 | | university or public community college, or any other public or | 18 | | for-profit or nonprofit private entity for: (i) the use of a | 19 | | school building and grounds or any other real property or | 20 | | facilities that the charter school desires to use or convert | 21 | | for use as a charter school site, (ii) the operation and | 22 | | maintenance thereof, and (iii) the provision of any service, | 23 | | activity, or undertaking that the charter school is required | 24 | | to perform in order to carry out the terms of its charter. | 25 | | Except as provided in subsection (i) of this Section, a school | 26 | | district may charge a charter school reasonable rent for the |
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| 1 | | use of the district's buildings, grounds, and facilities. Any | 2 | | services for which a charter school contracts with a school | 3 | | district shall be provided by the district at cost. Any | 4 | | services for which a charter school contracts with a local | 5 | | school board or with the governing body of a State college or | 6 | | university or public community college shall be provided by | 7 | | the public entity at cost. | 8 | | (i) In no event shall a charter school that is established | 9 | | by converting an existing school or attendance center to | 10 | | charter school status be required to pay rent for space that is | 11 | | deemed available, as negotiated and provided in the charter | 12 | | agreement, in school district facilities. However, all other | 13 | | costs for the operation and maintenance of school district | 14 | | facilities that are used by the charter school shall be | 15 | | subject to negotiation between the charter school and the | 16 | | local school board and shall be set forth in the charter. | 17 | | (j) A charter school may limit student enrollment by age | 18 | | or grade level. | 19 | | (k) If the charter school is authorized by the State | 20 | | Board, then the charter school is its own local education | 21 | | agency. | 22 | | (Source: P.A. 102-51, eff. 7-9-21; 102-157, eff. 7-1-22; | 23 | | 102-360, eff. 1-1-22; 102-445, eff. 8-20-21; 102-466, eff. | 24 | | 7-1-25; 102-522, eff. 8-20-21; 102-558, eff. 8-20-21; 102-676, | 25 | | eff. 12-3-21; 102-697, eff. 4-5-22; 102-702, eff. 7-1-23; | 26 | | 102-805, eff. 1-1-23; 102-813, eff. 5-13-22; 103-154, eff. |
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| 1 | | 6-30-23; 103-175, eff. 6-30-23; 103-472, eff. 8-1-24; revised | 2 | | 8-31-23.) | 3 | | Section 95. No acceleration or delay. Where this Act makes | 4 | | changes in a statute that is represented in this Act by text | 5 | | that is not yet or no longer in effect (for example, a Section | 6 | | represented by multiple versions), the use of that text does | 7 | | not accelerate or delay the taking effect of (i) the changes | 8 | | made by this Act or (ii) provisions derived from any other | 9 | | Public Act. | 10 | | Section 99. Effective date. This Act takes effect upon | 11 | | becoming law. |
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