Public Act 098-1102
 
SB2793 EnrolledLRB098 17391 NHT 52489 b

    AN ACT concerning education.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The School Code is amended by adding Section
2-3.160 and by changing Section 27A-5 as follows:
 
    (105 ILCS 5/2-3.160 new)
    Sec. 2-3.160. Student discipline report; school discipline
improvement plan.
    (a) On or before October 31, 2015 and on or before October
31 of each subsequent year, the State Board of Education,
through the State Superintendent of Education, shall prepare a
report on student discipline in all school districts in this
State, including State-authorized charter schools. This report
shall include data from all public schools within school
districts, including district-authorized charter schools. This
report must be posted on the Internet website of the State
Board of Education. The report shall include data on the
issuance of out-of-school suspensions, expulsions, and
removals to alternative settings in lieu of another
disciplinary action, disaggregated by race and ethnicity,
gender, age, grade level, limited English proficiency,
incident type, and discipline duration.
    (b) The State Board of Education shall analyze the data
under subsection (a) of this Section on an annual basis and
determine the top 20% of school districts for the following
metrics:
        (1) Total number of out-of-school suspensions divided
    by the total district enrollment by the last school day in
    September for the year in which the data was collected,
    multiplied by 100.
        (2) Total number of out-of-school expulsions divided
    by the total district enrollment by the last school day in
    September for the year in which the data was collected,
    multiplied by 100.
        (3) Racial disproportionality, defined as the
    overrepresentation of students of color or white students
    in comparison to the total number of students of color or
    white students on October 1st of the school year in which
    data are collected, with respect to the use of
    out-of-school suspensions and expulsions, which must be
    calculated using the same method as the U.S. Department of
    Education's Office for Civil Rights uses.
    The analysis must be based on data collected over 3
consecutive school years, beginning with the 2014-2015 school
year.
    Beginning with the 2017-2018 school year, the State Board
of Education shall require each of the school districts that
are identified in the top 20% of any of the metrics described
in this subsection (b) for 3 consecutive years to submit a plan
identifying the strategies the school district will implement
to reduce the use of exclusionary disciplinary practices or
racial disproportionality or both, if applicable. School
districts that no longer meet the criteria described in any of
the metrics described in this subsection (b) for 3 consecutive
years shall no longer be required to submit a plan.
    This plan may be combined with any other improvement plans
required under federal or State law.
    The calculation of the top 20% of any of the metrics
described in this subsection (b) shall exclude all school
districts, State-authorized charter schools, and special
charter districts that issued fewer than a total of 10
out-of-school suspensions or expulsions, whichever is
applicable, during the school year. The calculation of the top
20% of metric described in subdivision (3) of this subsection
(b) shall exclude all school districts with an enrollment of
fewer than 50 white students or fewer than 50 students of
color.
    The plan must be approved at a public school board meeting
and posted on the school district's Internet website. Within
one year after being identified, the school district shall
submit to the State Board of Education and post on the
district's Internet website a progress report describing the
implementation of the plan and the results achieved.
 
    (105 ILCS 5/27A-5)
    Sec. 27A-5. Charter school; legal entity; requirements.
    (a) A charter school shall be a public, nonsectarian,
nonreligious, non-home based, and non-profit school. A charter
school shall be organized and operated as a nonprofit
corporation or other discrete, legal, nonprofit entity
authorized under the laws of the State of Illinois.
    (b) A charter school may be established under this Article
by creating a new school or by converting an existing public
school or attendance center to charter school status. Beginning
on the effective date of this amendatory Act of the 93rd
General Assembly, in all new applications submitted to the
State Board or a local school board to establish a charter
school in a city having a population exceeding 500,000,
operation of the charter school shall be limited to one campus.
The changes made to this Section by this amendatory Act of the
93rd General Assembly do not apply to charter schools existing
or approved on or before the effective date of this amendatory
Act.
    (b-5) In this subsection (b-5), "virtual-schooling" means
the teaching of courses through online methods with online
instructors, rather than the instructor and student being at
the same physical location. "Virtual-schooling" includes
without limitation instruction provided by full-time, online
virtual schools.
    From April 1, 2013 through April 1, 2014, there is a
moratorium on the establishment of charter schools with
virtual-schooling components in school districts other than a
school district organized under Article 34 of this Code. This
moratorium does not apply to a charter school with
virtual-schooling components existing or approved prior to
April 1, 2013 or to the renewal of the charter of a charter
school with virtual-schooling components already approved
prior to April 1, 2013.
    On or before March 1, 2014, the Commission shall submit to
the General Assembly a report on the effect of
virtual-schooling, including without limitation the effect on
student performance, the costs associated with
virtual-schooling, and issues with oversight. The report shall
include policy recommendations for virtual-schooling.
    (c) A charter school shall be administered and governed by
its board of directors or other governing body in the manner
provided in its charter. The governing body of a charter school
shall be subject to the Freedom of Information Act and the Open
Meetings Act.
    (d) A charter school shall comply with all applicable
health and safety requirements applicable to public schools
under the laws of the State of Illinois.
    (e) Except as otherwise provided in the School Code, a
charter school shall not charge tuition; provided that a
charter school may charge reasonable fees for textbooks,
instructional materials, and student activities.
    (f) A charter school shall be responsible for the
management and operation of its fiscal affairs including, but
not limited to, the preparation of its budget. An audit of each
charter school's finances shall be conducted annually by an
outside, independent contractor retained by the charter
school. Annually, by December 1, every charter school must
submit to the State Board a copy of its audit and a copy of the
Form 990 the charter school filed that year with the federal
Internal Revenue Service.
    (g) A charter school shall comply with all provisions of
this Article, the Illinois Educational Labor Relations Act, and
its charter. A charter school is exempt from all other State
laws and regulations in the School Code governing public
schools and local school board policies, except the following:
        (1) Sections 10-21.9 and 34-18.5 of the School Code
    regarding criminal history records checks and checks of the
    Statewide Sex Offender Database and Statewide Murderer and
    Violent Offender Against Youth Database of applicants for
    employment;
        (2) Sections 24-24 and 34-84A of the School Code
    regarding discipline of students;
        (3) The Local Governmental and Governmental Employees
    Tort Immunity Act;
        (4) Section 108.75 of the General Not For Profit
    Corporation Act of 1986 regarding indemnification of
    officers, directors, employees, and agents;
        (5) The Abused and Neglected Child Reporting Act;
        (6) The Illinois School Student Records Act;
        (7) Section 10-17a of the School Code regarding school
    report cards; and
        (8) The P-20 Longitudinal Education Data System Act;
    and .
        (9) Section 2-3.160 of the School Code regarding
    student discipline reporting.
    The change made by Public Act 96-104 to this subsection (g)
is declaratory of existing law.
    (h) A charter school may negotiate and contract with a
school district, the governing body of a State college or
university or public community college, or any other public or
for-profit or nonprofit private entity for: (i) the use of a
school building and grounds or any other real property or
facilities that the charter school desires to use or convert
for use as a charter school site, (ii) the operation and
maintenance thereof, and (iii) the provision of any service,
activity, or undertaking that the charter school is required to
perform in order to carry out the terms of its charter.
However, a charter school that is established on or after the
effective date of this amendatory Act of the 93rd General
Assembly and that operates in a city having a population
exceeding 500,000 may not contract with a for-profit entity to
manage or operate the school during the period that commences
on the effective date of this amendatory Act of the 93rd
General Assembly and concludes at the end of the 2004-2005
school year. Except as provided in subsection (i) of this
Section, a school district may charge a charter school
reasonable rent for the use of the district's buildings,
grounds, and facilities. Any services for which a charter
school contracts with a school district shall be provided by
the district at cost. Any services for which a charter school
contracts with a local school board or with the governing body
of a State college or university or public community college
shall be provided by the public entity at cost.
    (i) In no event shall a charter school that is established
by converting an existing school or attendance center to
charter school status be required to pay rent for space that is
deemed available, as negotiated and provided in the charter
agreement, in school district facilities. However, all other
costs for the operation and maintenance of school district
facilities that are used by the charter school shall be subject
to negotiation between the charter school and the local school
board and shall be set forth in the charter.
    (j) A charter school may limit student enrollment by age or
grade level.
    (k) If the charter school is approved by the Commission,
then the Commission charter school is its own local education
agency.
(Source: P.A. 97-152, eff. 7-20-11; 97-154, eff. 1-1-12;
97-813, eff. 7-13-12; 98-16, eff. 5-24-13.)
 
    Section 99. Effective date. This Act takes effect July 1,
2014.

Effective Date: 8/26/2014