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

SB3473ham002 103RD GENERAL ASSEMBLY

Rep. Nicholas K. Smith

Filed: 5/1/2024

 

 


 

 


 
10300SB3473ham002LRB103 36420 RJT 72912 a

1
AMENDMENT TO SENATE BILL 3473

2    AMENDMENT NO. ______. Amend Senate Bill 3473 by replacing
3everything after the enacting clause with the following:
 
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

 

 

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1include, 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
21103-472)
22    Sec. 27A-5. Charter school; legal entity; requirements.
23    (a) A charter school shall be a public, nonsectarian,
24nonreligious, non-home based, and non-profit school. A charter
25school shall be organized and operated as a nonprofit

 

 

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

 

 

10300SB3473ham002- 4 -LRB103 36420 RJT 72912 a

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

 

 

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

 

 

10300SB3473ham002- 6 -LRB103 36420 RJT 72912 a

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

 

 

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1to perform in order to carry out the terms of its charter.
2Except as provided in subsection (i) of this Section, a school
3district may charge a charter school reasonable rent for the
4use of the district's buildings, grounds, and facilities. Any
5services for which a charter school contracts with a school
6district shall be provided by the district at cost. Any
7services for which a charter school contracts with a local
8school board or with the governing body of a State college or
9university or public community college shall be provided by
10the public entity at cost.
11    (i) In no event shall a charter school that is established
12by converting an existing school or attendance center to
13charter school status be required to pay rent for space that is
14deemed available, as negotiated and provided in the charter
15agreement, in school district facilities. However, all other
16costs for the operation and maintenance of school district
17facilities that are used by the charter school shall be
18subject to negotiation between the charter school and the
19local school board and shall be set forth in the charter.
20    (j) A charter school may limit student enrollment by age
21or grade level.
22    (k) If the charter school is authorized by the State
23Board, then the charter school is its own local education
24agency.
25(Source: P.A. 102-51, eff. 7-9-21; 102-157, eff. 7-1-22;
26102-360, eff. 1-1-22; 102-445, eff. 8-20-21; 102-522, eff.

 

 

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18-20-21; 102-558, eff. 8-20-21; 102-676, eff. 12-3-21;
2102-697, eff. 4-5-22; 102-702, eff. 7-1-23; 102-805, eff.
31-1-23; 102-813, eff. 5-13-22; 103-154, eff. 6-30-23; 103-175,
4eff. 6-30-23.)
 
5    (Text of Section after amendment by P.A. 103-472 but
6before 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,
9nonreligious, non-home based, and non-profit school. A charter
10school shall be organized and operated as a nonprofit
11corporation or other discrete, legal, nonprofit entity
12authorized under the laws of the State of Illinois.
13    (b) A charter school may be established under this Article
14by creating a new school or by converting an existing public
15school or attendance center to charter school status. In all
16new applications to establish a charter school in a city
17having a population exceeding 500,000, operation of the
18charter school shall be limited to one campus. This limitation
19does not apply to charter schools existing or approved on or
20before April 16, 2003.
21    (b-5) (Blank).
22    (c) A charter school shall be administered and governed by
23its board of directors or other governing body in the manner
24provided in its charter. The governing body of a charter
25school shall be subject to the Freedom of Information Act and

 

 

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

 

 

10300SB3473ham002- 12 -LRB103 36420 RJT 72912 a

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

 

 

10300SB3473ham002- 13 -LRB103 36420 RJT 72912 a

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

 

 

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1all federal and State laws and rules applicable to public
2schools that pertain to special education and the instruction
3of English learners, and its charter. A charter school is
4exempt from all other State laws and regulations in this Code
5governing public schools and local school board policies;
6however, 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
8school district, the governing body of a State college or
9university or public community college, or any other public or
10for-profit or nonprofit private entity for: (i) the use of a
11school building and grounds or any other real property or
12facilities that the charter school desires to use or convert
13for use as a charter school site, (ii) the operation and
14maintenance thereof, and (iii) the provision of any service,
15activity, or undertaking that the charter school is required
16to perform in order to carry out the terms of its charter.
17Except as provided in subsection (i) of this Section, a school
18district may charge a charter school reasonable rent for the
19use of the district's buildings, grounds, and facilities. Any
20services for which a charter school contracts with a school
21district shall be provided by the district at cost. Any
22services for which a charter school contracts with a local
23school board or with the governing body of a State college or
24university or public community college shall be provided by
25the public entity at cost.
26    (i) In no event shall a charter school that is established

 

 

10300SB3473ham002- 17 -LRB103 36420 RJT 72912 a

1by converting an existing school or attendance center to
2charter school status be required to pay rent for space that is
3deemed available, as negotiated and provided in the charter
4agreement, in school district facilities. However, all other
5costs for the operation and maintenance of school district
6facilities that are used by the charter school shall be
7subject to negotiation between the charter school and the
8local school board and shall be set forth in the charter.
9    (j) A charter school may limit student enrollment by age
10or grade level.
11    (k) If the charter school is authorized by the State
12Board, then the charter school is its own local education
13agency.
14(Source: P.A. 102-51, eff. 7-9-21; 102-157, eff. 7-1-22;
15102-360, eff. 1-1-22; 102-445, eff. 8-20-21; 102-522, eff.
168-20-21; 102-558, eff. 8-20-21; 102-676, eff. 12-3-21;
17102-697, eff. 4-5-22; 102-702, eff. 7-1-23; 102-805, eff.
181-1-23; 102-813, eff. 5-13-22; 103-154, eff. 6-30-23; 103-175,
19eff. 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,
23nonreligious, non-home based, and non-profit school. A charter
24school shall be organized and operated as a nonprofit
25corporation or other discrete, legal, nonprofit entity

 

 

10300SB3473ham002- 18 -LRB103 36420 RJT 72912 a

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

 

 

10300SB3473ham002- 19 -LRB103 36420 RJT 72912 a

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

 

 

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

 

 

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

 

 

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

 

 

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1Board, then the charter school is its own local education
2agency.
3(Source: P.A. 102-51, eff. 7-9-21; 102-157, eff. 7-1-22;
4102-360, eff. 1-1-22; 102-445, eff. 8-20-21; 102-466, eff.
57-1-25; 102-522, eff. 8-20-21; 102-558, eff. 8-20-21; 102-676,
6eff. 12-3-21; 102-697, eff. 4-5-22; 102-702, eff. 7-1-23;
7102-805, eff. 1-1-23; 102-813, eff. 5-13-22; 103-154, eff.
86-30-23; 103-175, eff. 6-30-23; 103-472, eff. 8-1-24; revised
98-31-23.)
 
10    Section 95. No acceleration or delay. Where this Act makes
11changes in a statute that is represented in this Act by text
12that is not yet or no longer in effect (for example, a Section
13represented by multiple versions), the use of that text does
14not accelerate or delay the taking effect of (i) the changes
15made by this Act or (ii) provisions derived from any other
16Public Act.
 
17    Section 99. Effective date. This Act takes effect upon
18becoming law.".