Full Text of SB3473 103rd General Assembly
SB3473ham001 103RD GENERAL ASSEMBLY | Rep. Nicholas K. Smith Filed: 4/30/2024 | | 10300SB3473ham001 | | LRB103 36420 RJT 71839 a |
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| 1 | | AMENDMENT TO SENATE BILL 3473
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 3473 by replacing | 3 | | everything after the enacting clause with the following: | 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 |
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| 1 | | include, but is not limited to, all of the following: | 2 | | (1) A description of type 1 diabetes. | 3 | | (2) A description of the risk factors and warning | 4 | | signs associated with type 1 diabetes. | 5 | | (3) A recommendation regarding a student displaying | 6 | | warning signs associated with type 1 diabetes that the | 7 | | parent or guardian of the student should immediately | 8 | | consult with the student's primary care provider to | 9 | | determine if immediate screening for type 1 diabetes is | 10 | | appropriate. | 11 | | (4) A description of the screening process for type 1 | 12 | | diabetes and the implications of test results. | 13 | | (5) A recommendation that, following a type 1 diabetes | 14 | | diagnosis, the parent or guardian should consult with the | 15 | | student's primary care provider to develop an appropriate | 16 | | treatment plan, which may include consultation with and | 17 | | examination by a specialty care provider, including, but | 18 | | not limited to, a properly qualified endocrinologist. | 19 | | (105 ILCS 5/27A-5) | 20 | | (Text of Section before amendment by P.A. 102-466 and | 21 | | 103-472 ) | 22 | | Sec. 27A-5. Charter school; legal entity; requirements. | 23 | | (a) A charter school shall be a public, nonsectarian, | 24 | | nonreligious, non-home based, and non-profit school. A charter | 25 | | school shall be organized and operated as a nonprofit |
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| 1 | | corporation or other discrete, legal, nonprofit entity | 2 | | authorized under the laws of the State of Illinois. | 3 | | (b) A charter school may be established under this Article | 4 | | by creating a new school or by converting an existing public | 5 | | school or attendance center to charter school status. In all | 6 | | new applications to establish a charter school in a city | 7 | | having a population exceeding 500,000, operation of the | 8 | | charter school shall be limited to one campus. This limitation | 9 | | does not apply to charter schools existing or approved on or | 10 | | before April 16, 2003. | 11 | | (b-5) (Blank). | 12 | | (c) A charter school shall be administered and governed by | 13 | | its board of directors or other governing body in the manner | 14 | | provided in its charter. The governing body of a charter | 15 | | school shall be subject to the Freedom of Information Act and | 16 | | the Open Meetings Act. A charter school's board of directors | 17 | | or other governing body must include at least one parent or | 18 | | guardian of a pupil currently enrolled in the charter school | 19 | | who may be selected through the charter school or a charter | 20 | | network election, appointment by the charter school's board of | 21 | | directors or other governing body, or by the charter school's | 22 | | Parent Teacher Organization or its equivalent. | 23 | | (c-5) No later than January 1, 2021 or within the first | 24 | | year of his or her first term, every voting member of a charter | 25 | | school's board of directors or other governing body shall | 26 | | complete a minimum of 4 hours of professional development |
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| 1 | | leadership training to ensure that each member has sufficient | 2 | | familiarity with the board's or governing body's role and | 3 | | responsibilities, including financial oversight and | 4 | | accountability of the school, evaluating the principal's and | 5 | | school's performance, adherence to the Freedom of Information | 6 | | Act and the Open Meetings Act, and compliance with education | 7 | | and labor law. In each subsequent year of his or her term, a | 8 | | voting member of a charter school's board of directors or | 9 | | other governing body shall complete a minimum of 2 hours of | 10 | | professional development training in these same areas. The | 11 | | training under this subsection may be provided or certified by | 12 | | a statewide charter school membership association or may be | 13 | | provided or certified by other qualified providers approved by | 14 | | the State Board. | 15 | | (d) For purposes of this subsection (d), "non-curricular | 16 | | health and safety requirement" means any health and safety | 17 | | requirement created by statute or rule to provide, maintain, | 18 | | preserve, or safeguard safe or healthful conditions for | 19 | | students and school personnel or to eliminate, reduce, or | 20 | | prevent threats to the health and safety of students and | 21 | | school personnel. "Non-curricular health and safety | 22 | | requirement" does not include any course of study or | 23 | | specialized instructional requirement for which the State | 24 | | Board has established goals and learning standards or which is | 25 | | designed primarily to impart knowledge and skills for students | 26 | | to master and apply as an outcome of their education. |
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| 1 | | A charter school shall comply with all non-curricular | 2 | | health and safety requirements applicable to public schools | 3 | | under the laws of the State of Illinois. The State Board shall | 4 | | promulgate and post on its Internet website a list of | 5 | | non-curricular health and safety requirements that a charter | 6 | | school must meet. The list shall be updated annually no later | 7 | | than September 1. Any charter contract between a charter | 8 | | school and its authorizer must contain a provision that | 9 | | requires the charter school to follow the list of all | 10 | | non-curricular health and safety requirements promulgated by | 11 | | the State Board and any non-curricular health and safety | 12 | | requirements added by the State Board to such list during the | 13 | | term of the charter. Nothing in this subsection (d) precludes | 14 | | an authorizer from including non-curricular health and safety | 15 | | requirements in a charter school contract that are not | 16 | | contained in the list promulgated by the State Board, | 17 | | including non-curricular health and safety requirements of the | 18 | | authorizing local school board. | 19 | | (e) Except as otherwise provided in the School Code, a | 20 | | charter school shall not charge tuition; provided that a | 21 | | charter school may charge reasonable fees for textbooks, | 22 | | instructional materials, and student activities. | 23 | | (f) A charter school shall be responsible for the | 24 | | management and operation of its fiscal affairs, including, but | 25 | | not limited to, the preparation of its budget. An audit of each | 26 | | charter school's finances shall be conducted annually by an |
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| 1 | | outside, independent contractor retained by the charter | 2 | | school. The contractor shall not be an employee of the charter | 3 | | school or affiliated with the charter school or its authorizer | 4 | | in any way, other than to audit the charter school's finances. | 5 | | To ensure financial accountability for the use of public | 6 | | funds, on or before December 1 of every year of operation, each | 7 | | charter school shall submit to its authorizer and the State | 8 | | Board a copy of its audit and a copy of the Form 990 the | 9 | | charter school filed that year with the federal Internal | 10 | | Revenue Service. In addition, if deemed necessary for proper | 11 | | financial oversight of the charter school, an authorizer may | 12 | | require quarterly financial statements from each charter | 13 | | school. | 14 | | (g) A charter school shall comply with all provisions of | 15 | | this Article, the Illinois Educational Labor Relations Act, | 16 | | all federal and State laws and rules applicable to public | 17 | | schools that pertain to special education and the instruction | 18 | | of English learners, and its charter. A charter school is | 19 | | exempt from all other State laws and regulations in this Code | 20 | | governing public schools and local school board policies; | 21 | | however, a charter school is not exempt from the following: | 22 | | (1) Sections 10-21.9 and 34-18.5 of this Code | 23 | | regarding criminal history records checks and checks of | 24 | | the Statewide Sex Offender Database and Statewide Murderer | 25 | | and Violent Offender Against Youth Database of applicants | 26 | | for employment; |
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| 1 | | (2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and | 2 | | 34-84a of this Code regarding discipline of students; | 3 | | (3) the Local Governmental and Governmental Employees | 4 | | Tort Immunity Act; | 5 | | (4) Section 108.75 of the General Not For Profit | 6 | | Corporation Act of 1986 regarding indemnification of | 7 | | officers, directors, employees, and agents; | 8 | | (5) the Abused and Neglected Child Reporting Act; | 9 | | (5.5) subsection (b) of Section 10-23.12 and | 10 | | subsection (b) of Section 34-18.6 of this Code; | 11 | | (6) the Illinois School Student Records Act; | 12 | | (7) Section 10-17a of this Code regarding school | 13 | | report cards; | 14 | | (8) the P-20 Longitudinal Education Data System Act; | 15 | | (9) Section 27-23.7 of this Code regarding bullying | 16 | | prevention; | 17 | | (10) Section 2-3.162 of this Code regarding student | 18 | | discipline reporting; | 19 | | (11) Sections 22-80 and 27-8.1 of this Code; | 20 | | (12) Sections 10-20.60 and 34-18.53 of this Code; | 21 | | (13) Sections 10-20.63 and 34-18.56 of this Code; | 22 | | (14) Sections 22-90 and 26-18 of this Code; | 23 | | (15) Section 22-30 of this Code; | 24 | | (16) Sections 24-12 and 34-85 of this Code; | 25 | | (17) the Seizure Smart School Act; | 26 | | (18) Section 2-3.64a-10 of this Code; |
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| 1 | | (19) Sections 10-20.73 and 34-21.9 of this Code; | 2 | | (20) Section 10-22.25b of this Code; | 3 | | (21) Section 27-9.1a of this Code; | 4 | | (22) Section 27-9.1b of this Code; | 5 | | (23) Section 34-18.8 of this Code; | 6 | | (25) Section 2-3.188 of this Code; | 7 | | (26) Section 22-85.5 of this Code; | 8 | | (27) subsections (d-10), (d-15), and (d-20) of Section | 9 | | 10-20.56 of this Code; | 10 | | (28) Sections 10-20.83 and 34-18.78 of this Code; | 11 | | (29) Section 10-20.13 of this Code; | 12 | | (30) Section 28-19.2 of this Code; | 13 | | (31) Section 34-21.6 of this Code; and | 14 | | (32) Section 22-85.10 of this Code ; and . | 15 | | (37) Section 2-3.204 of this Code. | 16 | | The change made by Public Act 96-104 to this subsection | 17 | | (g) is declaratory of existing law. | 18 | | (h) A charter school may negotiate and contract with a | 19 | | school district, the governing body of a State college or | 20 | | university or public community college, or any other public or | 21 | | for-profit or nonprofit private entity for: (i) the use of a | 22 | | school building and grounds or any other real property or | 23 | | facilities that the charter school desires to use or convert | 24 | | for use as a charter school site, (ii) the operation and | 25 | | maintenance thereof, and (iii) the provision of any service, | 26 | | activity, or undertaking that the charter school is required |
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| 1 | | to perform in order to carry out the terms of its charter. | 2 | | Except as provided in subsection (i) of this Section, a school | 3 | | district may charge a charter school reasonable rent for the | 4 | | use of the district's buildings, grounds, and facilities. Any | 5 | | services for which a charter school contracts with a school | 6 | | district shall be provided by the district at cost. Any | 7 | | services for which a charter school contracts with a local | 8 | | school board or with the governing body of a State college or | 9 | | university or public community college shall be provided by | 10 | | the public entity at cost. | 11 | | (i) In no event shall a charter school that is established | 12 | | by converting an existing school or attendance center to | 13 | | charter school status be required to pay rent for space that is | 14 | | deemed available, as negotiated and provided in the charter | 15 | | agreement, in school district facilities. However, all other | 16 | | costs for the operation and maintenance of school district | 17 | | facilities that are used by the charter school shall be | 18 | | subject to negotiation between the charter school and the | 19 | | local school board and shall be set forth in the charter. | 20 | | (j) A charter school may limit student enrollment by age | 21 | | or grade level. | 22 | | (k) If the charter school is authorized by the State | 23 | | Board, then the charter school is its own local education | 24 | | agency. | 25 | | (Source: P.A. 102-51, eff. 7-9-21; 102-157, eff. 7-1-22; | 26 | | 102-360, eff. 1-1-22; 102-445, eff. 8-20-21; 102-522, eff. |
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| 1 | | 8-20-21; 102-558, eff. 8-20-21; 102-676, eff. 12-3-21; | 2 | | 102-697, eff. 4-5-22; 102-702, eff. 7-1-23; 102-805, eff. | 3 | | 1-1-23; 102-813, eff. 5-13-22; 103-154, eff. 6-30-23; 103-175, | 4 | | eff. 6-30-23.) | 5 | | (Text of Section after amendment by P.A. 103-472 but | 6 | | before amendment by P.A. 102-466 ) | 7 | | Sec. 27A-5. Charter school; legal entity; requirements. | 8 | | (a) A charter school shall be a public, nonsectarian, | 9 | | nonreligious, non-home based, and non-profit school. A charter | 10 | | school shall be organized and operated as a nonprofit | 11 | | corporation or other discrete, legal, nonprofit entity | 12 | | authorized under the laws of the State of Illinois. | 13 | | (b) A charter school may be established under this Article | 14 | | by creating a new school or by converting an existing public | 15 | | school or attendance center to charter school status. In all | 16 | | new applications to establish a charter school in a city | 17 | | having a population exceeding 500,000, operation of the | 18 | | charter school shall be limited to one campus. This limitation | 19 | | does not apply to charter schools existing or approved on or | 20 | | before April 16, 2003. | 21 | | (b-5) (Blank). | 22 | | (c) A charter school shall be administered and governed by | 23 | | its board of directors or other governing body in the manner | 24 | | provided in its charter. The governing body of a charter | 25 | | school shall be subject to the Freedom of Information Act and |
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| 1 | | the Open Meetings Act. A charter school's board of directors | 2 | | or other governing body must include at least one parent or | 3 | | guardian of a pupil currently enrolled in the charter school | 4 | | who may be selected through the charter school or a charter | 5 | | network election, appointment by the charter school's board of | 6 | | directors or other governing body, or by the charter school's | 7 | | Parent Teacher Organization or its equivalent. | 8 | | (c-5) No later than January 1, 2021 or within the first | 9 | | year of his or her first term, every voting member of a charter | 10 | | school's board of directors or other governing body shall | 11 | | complete a minimum of 4 hours of professional development | 12 | | leadership training to ensure that each member has sufficient | 13 | | familiarity with the board's or governing body's role and | 14 | | responsibilities, including financial oversight and | 15 | | accountability of the school, evaluating the principal's and | 16 | | school's performance, adherence to the Freedom of Information | 17 | | Act and the Open Meetings Act, and compliance with education | 18 | | and labor law. In each subsequent year of his or her term, a | 19 | | voting member of a charter school's board of directors or | 20 | | other governing body shall complete a minimum of 2 hours of | 21 | | professional development training in these same areas. The | 22 | | training under this subsection may be provided or certified by | 23 | | a statewide charter school membership association or may be | 24 | | provided or certified by other qualified providers approved by | 25 | | the State Board. | 26 | | (d) For purposes of this subsection (d), "non-curricular |
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| 1 | | health and safety requirement" means any health and safety | 2 | | requirement created by statute or rule to provide, maintain, | 3 | | preserve, or safeguard safe or healthful conditions for | 4 | | students and school personnel or to eliminate, reduce, or | 5 | | prevent threats to the health and safety of students and | 6 | | school personnel. "Non-curricular health and safety | 7 | | requirement" does not include any course of study or | 8 | | specialized instructional requirement for which the State | 9 | | Board has established goals and learning standards or which is | 10 | | designed primarily to impart knowledge and skills for students | 11 | | to master and apply as an outcome of their education. | 12 | | A charter school shall comply with all non-curricular | 13 | | health and safety requirements applicable to public schools | 14 | | under the laws of the State of Illinois. The State Board shall | 15 | | promulgate and post on its Internet website a list of | 16 | | non-curricular health and safety requirements that a charter | 17 | | school must meet. The list shall be updated annually no later | 18 | | than September 1. Any charter contract between a charter | 19 | | school and its authorizer must contain a provision that | 20 | | requires the charter school to follow the list of all | 21 | | non-curricular health and safety requirements promulgated by | 22 | | the State Board and any non-curricular health and safety | 23 | | requirements added by the State Board to such list during the | 24 | | term of the charter. Nothing in this subsection (d) precludes | 25 | | an authorizer from including non-curricular health and safety | 26 | | requirements in a charter school contract that are not |
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| 1 | | contained in the list promulgated by the State Board, | 2 | | including non-curricular health and safety requirements of the | 3 | | authorizing local school board. | 4 | | (e) Except as otherwise provided in the School Code, a | 5 | | charter school shall not charge tuition; provided that a | 6 | | charter school may charge reasonable fees for textbooks, | 7 | | instructional materials, and student activities. | 8 | | (f) A charter school shall be responsible for the | 9 | | management and operation of its fiscal affairs, including, but | 10 | | not limited to, the preparation of its budget. An audit of each | 11 | | charter school's finances shall be conducted annually by an | 12 | | outside, independent contractor retained by the charter | 13 | | school. The contractor shall not be an employee of the charter | 14 | | school or affiliated with the charter school or its authorizer | 15 | | in any way, other than to audit the charter school's finances. | 16 | | To ensure financial accountability for the use of public | 17 | | funds, on or before December 1 of every year of operation, each | 18 | | charter school shall submit to its authorizer and the State | 19 | | Board a copy of its audit and a copy of the Form 990 the | 20 | | charter school filed that year with the federal Internal | 21 | | Revenue Service. In addition, if deemed necessary for proper | 22 | | financial oversight of the charter school, an authorizer may | 23 | | require quarterly financial statements from each charter | 24 | | school. | 25 | | (g) A charter school shall comply with all provisions of | 26 | | this Article, the Illinois Educational Labor Relations Act, |
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| 1 | | all federal and State laws and rules applicable to public | 2 | | schools that pertain to special education and the instruction | 3 | | of English learners, and its charter. A charter school is | 4 | | exempt from all other State laws and regulations in this Code | 5 | | governing public schools and local school board policies; | 6 | | however, a charter school is not exempt from the following: | 7 | | (1) Sections 10-21.9 and 34-18.5 of this Code | 8 | | regarding criminal history records checks and checks of | 9 | | the Statewide Sex Offender Database and Statewide Murderer | 10 | | and Violent Offender Against Youth Database of applicants | 11 | | for employment; | 12 | | (2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and | 13 | | 34-84a of this Code regarding discipline of students; | 14 | | (3) the Local Governmental and Governmental Employees | 15 | | Tort Immunity Act; | 16 | | (4) Section 108.75 of the General Not For Profit | 17 | | Corporation Act of 1986 regarding indemnification of | 18 | | officers, directors, employees, and agents; | 19 | | (5) the Abused and Neglected Child Reporting Act; | 20 | | (5.5) subsection (b) of Section 10-23.12 and | 21 | | subsection (b) of Section 34-18.6 of this Code; | 22 | | (6) the Illinois School Student Records Act; | 23 | | (7) Section 10-17a of this Code regarding school | 24 | | report cards; | 25 | | (8) the P-20 Longitudinal Education Data System Act; | 26 | | (9) Section 27-23.7 of this Code regarding bullying |
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| 1 | | prevention; | 2 | | (10) Section 2-3.162 of this Code regarding student | 3 | | discipline reporting; | 4 | | (11) Sections 22-80 and 27-8.1 of this Code; | 5 | | (12) Sections 10-20.60 and 34-18.53 of this Code; | 6 | | (13) Sections 10-20.63 and 34-18.56 of this Code; | 7 | | (14) Sections 22-90 and 26-18 of this Code; | 8 | | (15) Section 22-30 of this Code; | 9 | | (16) Sections 24-12 and 34-85 of this Code; | 10 | | (17) the Seizure Smart School Act; | 11 | | (18) Section 2-3.64a-10 of this Code; | 12 | | (19) Sections 10-20.73 and 34-21.9 of this Code; | 13 | | (20) Section 10-22.25b of this Code; | 14 | | (21) Section 27-9.1a of this Code; | 15 | | (22) Section 27-9.1b of this Code; | 16 | | (23) Section 34-18.8 of this Code; | 17 | | (25) Section 2-3.188 of this Code; | 18 | | (26) Section 22-85.5 of this Code; | 19 | | (27) subsections (d-10), (d-15), and (d-20) of Section | 20 | | 10-20.56 of this Code; | 21 | | (28) Sections 10-20.83 and 34-18.78 of this Code; | 22 | | (29) Section 10-20.13 of this Code; | 23 | | (30) Section 28-19.2 of this Code; | 24 | | (31) Section 34-21.6 of this Code; and | 25 | | (32) Section 22-85.10 of this Code; | 26 | | (33) Section 2-3.196 of this Code; |
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| 1 | | (34) Section 22-95 of this Code; | 2 | | (35) Section 34-18.62 of this Code; and | 3 | | (36) the Illinois Human Rights Act ; and . | 4 | | (37) Section 2-3.204 of this Code. | 5 | | The change made by Public Act 96-104 to this subsection | 6 | | (g) is declaratory of existing law. | 7 | | (h) A charter school may negotiate and contract with a | 8 | | school district, the governing body of a State college or | 9 | | university or public community college, or any other public or | 10 | | for-profit or nonprofit private entity for: (i) the use of a | 11 | | school building and grounds or any other real property or | 12 | | facilities that the charter school desires to use or convert | 13 | | for use as a charter school site, (ii) the operation and | 14 | | maintenance thereof, and (iii) the provision of any service, | 15 | | activity, or undertaking that the charter school is required | 16 | | to perform in order to carry out the terms of its charter. | 17 | | Except as provided in subsection (i) of this Section, a school | 18 | | district may charge a charter school reasonable rent for the | 19 | | use of the district's buildings, grounds, and facilities. Any | 20 | | services for which a charter school contracts with a school | 21 | | district shall be provided by the district at cost. Any | 22 | | services for which a charter school contracts with a local | 23 | | school board or with the governing body of a State college or | 24 | | university or public community college shall be provided by | 25 | | the public entity at cost. | 26 | | (i) In no event shall a charter school that is established |
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| 1 | | by converting an existing school or attendance center to | 2 | | charter school status be required to pay rent for space that is | 3 | | deemed available, as negotiated and provided in the charter | 4 | | agreement, in school district facilities. However, all other | 5 | | costs for the operation and maintenance of school district | 6 | | facilities that are used by the charter school shall be | 7 | | subject to negotiation between the charter school and the | 8 | | local school board and shall be set forth in the charter. | 9 | | (j) A charter school may limit student enrollment by age | 10 | | or grade level. | 11 | | (k) If the charter school is authorized by the State | 12 | | Board, then the charter school is its own local education | 13 | | agency. | 14 | | (Source: P.A. 102-51, eff. 7-9-21; 102-157, eff. 7-1-22; | 15 | | 102-360, eff. 1-1-22; 102-445, eff. 8-20-21; 102-522, eff. | 16 | | 8-20-21; 102-558, eff. 8-20-21; 102-676, eff. 12-3-21; | 17 | | 102-697, eff. 4-5-22; 102-702, eff. 7-1-23; 102-805, eff. | 18 | | 1-1-23; 102-813, eff. 5-13-22; 103-154, eff. 6-30-23; 103-175, | 19 | | eff. 6-30-23; 103-472, eff. 8-1-24; revised 8-31-23.) | 20 | | (Text of Section after amendment by P.A. 102-466 ) | 21 | | Sec. 27A-5. Charter school; legal entity; requirements. | 22 | | (a) A charter school shall be a public, nonsectarian, | 23 | | nonreligious, non-home based, and non-profit school. A charter | 24 | | school shall be organized and operated as a nonprofit | 25 | | corporation or other discrete, legal, nonprofit entity |
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| 1 | | authorized under the laws of the State of Illinois. | 2 | | (b) A charter school may be established under this Article | 3 | | by creating a new school or by converting an existing public | 4 | | school or attendance center to charter school status. In all | 5 | | new applications to establish a charter school in a city | 6 | | having a population exceeding 500,000, operation of the | 7 | | charter school shall be limited to one campus. This limitation | 8 | | does not apply to charter schools existing or approved on or | 9 | | before April 16, 2003. | 10 | | (b-5) (Blank). | 11 | | (c) A charter school shall be administered and governed by | 12 | | its board of directors or other governing body in the manner | 13 | | provided in its charter. The governing body of a charter | 14 | | school shall be subject to the Freedom of Information Act and | 15 | | the Open Meetings Act. A charter school's board of directors | 16 | | or other governing body must include at least one parent or | 17 | | guardian of a pupil currently enrolled in the charter school | 18 | | who may be selected through the charter school or a charter | 19 | | network election, appointment by the charter school's board of | 20 | | directors or other governing body, or by the charter school's | 21 | | Parent Teacher Organization or its equivalent. | 22 | | (c-5) No later than January 1, 2021 or within the first | 23 | | year of his or her first term, every voting member of a charter | 24 | | school's board of directors or other governing body shall | 25 | | complete a minimum of 4 hours of professional development | 26 | | leadership training to ensure that each member has sufficient |
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| 1 | | familiarity with the board's or governing body's role and | 2 | | responsibilities, including financial oversight and | 3 | | accountability of the school, evaluating the principal's and | 4 | | school's performance, adherence to the Freedom of Information | 5 | | Act and the Open Meetings Act, and compliance with education | 6 | | and labor law. In each subsequent year of his or her term, a | 7 | | voting member of a charter school's board of directors or | 8 | | other governing body shall complete a minimum of 2 hours of | 9 | | professional development training in these same areas. The | 10 | | training under this subsection may be provided or certified by | 11 | | a statewide charter school membership association or may be | 12 | | provided or certified by other qualified providers approved by | 13 | | the State Board. | 14 | | (d) For purposes of this subsection (d), "non-curricular | 15 | | health and safety requirement" means any health and safety | 16 | | requirement created by statute or rule to provide, maintain, | 17 | | preserve, or safeguard safe or healthful conditions for | 18 | | students and school personnel or to eliminate, reduce, or | 19 | | prevent threats to the health and safety of students and | 20 | | school personnel. "Non-curricular health and safety | 21 | | requirement" does not include any course of study or | 22 | | specialized instructional requirement for which the State | 23 | | Board has established goals and learning standards or which is | 24 | | designed primarily to impart knowledge and skills for students | 25 | | to master and apply as an outcome of their education. | 26 | | A charter school shall comply with all non-curricular |
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| 1 | | health and safety requirements applicable to public schools | 2 | | under the laws of the State of Illinois. The State Board shall | 3 | | promulgate and post on its Internet website a list of | 4 | | non-curricular health and safety requirements that a charter | 5 | | school must meet. The list shall be updated annually no later | 6 | | than September 1. Any charter contract between a charter | 7 | | school and its authorizer must contain a provision that | 8 | | requires the charter school to follow the list of all | 9 | | non-curricular health and safety requirements promulgated by | 10 | | the State Board and any non-curricular health and safety | 11 | | requirements added by the State Board to such list during the | 12 | | term of the charter. Nothing in this subsection (d) precludes | 13 | | an authorizer from including non-curricular health and safety | 14 | | requirements in a charter school contract that are not | 15 | | contained in the list promulgated by the State Board, | 16 | | including non-curricular health and safety requirements of the | 17 | | authorizing local school board. | 18 | | (e) Except as otherwise provided in the School Code, a | 19 | | charter school shall not charge tuition; provided that a | 20 | | charter school may charge reasonable fees for textbooks, | 21 | | instructional materials, and student activities. | 22 | | (f) A charter school shall be responsible for the | 23 | | management and operation of its fiscal affairs, including, but | 24 | | not limited to, the preparation of its budget. An audit of each | 25 | | charter school's finances shall be conducted annually by an | 26 | | outside, independent contractor retained by the charter |
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| 1 | | school. The contractor shall not be an employee of the charter | 2 | | school or affiliated with the charter school or its authorizer | 3 | | in any way, other than to audit the charter school's finances. | 4 | | To ensure financial accountability for the use of public | 5 | | funds, on or before December 1 of every year of operation, each | 6 | | charter school shall submit to its authorizer and the State | 7 | | Board a copy of its audit and a copy of the Form 990 the | 8 | | charter school filed that year with the federal Internal | 9 | | Revenue Service. In addition, if deemed necessary for proper | 10 | | financial oversight of the charter school, an authorizer may | 11 | | require quarterly financial statements from each charter | 12 | | school. | 13 | | (g) A charter school shall comply with all provisions of | 14 | | this Article, the Illinois Educational Labor Relations Act, | 15 | | all federal and State laws and rules applicable to public | 16 | | schools that pertain to special education and the instruction | 17 | | of English learners, and its charter. A charter school is | 18 | | exempt from all other State laws and regulations in this Code | 19 | | governing public schools and local school board policies; | 20 | | however, a charter school is not exempt from the following: | 21 | | (1) Sections 10-21.9 and 34-18.5 of this Code | 22 | | regarding criminal history records checks and checks of | 23 | | the Statewide Sex Offender Database and Statewide Murderer | 24 | | and Violent Offender Against Youth Database of applicants | 25 | | for employment; | 26 | | (2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and |
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| 1 | | 34-84a of this Code regarding discipline of students; | 2 | | (3) the Local Governmental and Governmental Employees | 3 | | Tort Immunity Act; | 4 | | (4) Section 108.75 of the General Not For Profit | 5 | | Corporation Act of 1986 regarding indemnification of | 6 | | officers, directors, employees, and agents; | 7 | | (5) the Abused and Neglected Child Reporting Act; | 8 | | (5.5) subsection (b) of Section 10-23.12 and | 9 | | subsection (b) of Section 34-18.6 of this Code; | 10 | | (6) the Illinois School Student Records Act; | 11 | | (7) Section 10-17a of this Code regarding school | 12 | | report cards; | 13 | | (8) the P-20 Longitudinal Education Data System Act; | 14 | | (9) Section 27-23.7 of this Code regarding bullying | 15 | | prevention; | 16 | | (10) Section 2-3.162 of this Code regarding student | 17 | | discipline reporting; | 18 | | (11) Sections 22-80 and 27-8.1 of this Code; | 19 | | (12) Sections 10-20.60 and 34-18.53 of this Code; | 20 | | (13) Sections 10-20.63 and 34-18.56 of this Code; | 21 | | (14) Sections 22-90 and 26-18 of this Code; | 22 | | (15) Section 22-30 of this Code; | 23 | | (16) Sections 24-12 and 34-85 of this Code; | 24 | | (17) the Seizure Smart School Act; | 25 | | (18) Section 2-3.64a-10 of this Code; | 26 | | (19) Sections 10-20.73 and 34-21.9 of this Code; |
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| 1 | | (20) Section 10-22.25b of this Code; | 2 | | (21) Section 27-9.1a of this Code; | 3 | | (22) Section 27-9.1b of this Code; | 4 | | (23) Section 34-18.8 of this Code; | 5 | | (24) Article 26A of this Code; | 6 | | (25) Section 2-3.188 of this Code; | 7 | | (26) Section 22-85.5 of this Code; | 8 | | (27) subsections (d-10), (d-15), and (d-20) of Section | 9 | | 10-20.56 of this Code; | 10 | | (28) Sections 10-20.83 and 34-18.78 of this Code; | 11 | | (29) Section 10-20.13 of this Code; | 12 | | (30) Section 28-19.2 of this Code; | 13 | | (31) Section 34-21.6 of this Code; and | 14 | | (32) Section 22-85.10 of this Code; | 15 | | (33) Section 2-3.196 of this Code; | 16 | | (34) Section 22-95 of this Code; | 17 | | (35) Section 34-18.62 of this Code; and | 18 | | (36) the Illinois Human Rights Act ; and . | 19 | | (37) Section 2-3.204 of this Code. | 20 | | The change made by Public Act 96-104 to this subsection | 21 | | (g) is declaratory of existing law. | 22 | | (h) A charter school may negotiate and contract with a | 23 | | school district, the governing body of a State college or | 24 | | university or public community college, or any other public or | 25 | | for-profit or nonprofit private entity for: (i) the use of a | 26 | | school building and grounds or any other real property or |
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| 1 | | facilities that the charter school desires to use or convert | 2 | | for use as a charter school site, (ii) the operation and | 3 | | maintenance thereof, and (iii) the provision of any service, | 4 | | activity, or undertaking that the charter school is required | 5 | | to perform in order to carry out the terms of its charter. | 6 | | Except as provided in subsection (i) of this Section, a school | 7 | | district may charge a charter school reasonable rent for the | 8 | | use of the district's buildings, grounds, and facilities. Any | 9 | | services for which a charter school contracts with a school | 10 | | district shall be provided by the district at cost. Any | 11 | | services for which a charter school contracts with a local | 12 | | school board or with the governing body of a State college or | 13 | | university or public community college shall be provided by | 14 | | the public entity at cost. | 15 | | (i) In no event shall a charter school that is established | 16 | | by converting an existing school or attendance center to | 17 | | charter school status be required to pay rent for space that is | 18 | | deemed available, as negotiated and provided in the charter | 19 | | agreement, in school district facilities. However, all other | 20 | | costs for the operation and maintenance of school district | 21 | | facilities that are used by the charter school shall be | 22 | | subject to negotiation between the charter school and the | 23 | | local school board and shall be set forth in the charter. | 24 | | (j) A charter school may limit student enrollment by age | 25 | | or grade level. | 26 | | (k) If the charter school is authorized by the State |
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| 1 | | Board, then the charter school is its own local education | 2 | | agency. | 3 | | (Source: P.A. 102-51, eff. 7-9-21; 102-157, eff. 7-1-22; | 4 | | 102-360, eff. 1-1-22; 102-445, eff. 8-20-21; 102-466, eff. | 5 | | 7-1-25; 102-522, eff. 8-20-21; 102-558, eff. 8-20-21; 102-676, | 6 | | eff. 12-3-21; 102-697, eff. 4-5-22; 102-702, eff. 7-1-23; | 7 | | 102-805, eff. 1-1-23; 102-813, eff. 5-13-22; 103-154, eff. | 8 | | 6-30-23; 103-175, eff. 6-30-23; 103-472, eff. 8-1-24; revised | 9 | | 8-31-23.) | 10 | | Section 95. No acceleration or delay. Where this Act makes | 11 | | changes in a statute that is represented in this Act by text | 12 | | that is not yet or no longer in effect (for example, a Section | 13 | | represented by multiple versions), the use of that text does | 14 | | not accelerate or delay the taking effect of (i) the changes | 15 | | made by this Act or (ii) provisions derived from any other | 16 | | Public Act. | 17 | | Section 99. Effective date. This Act takes effect upon | 18 | | becoming law.". |
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