SB0565enr 99TH GENERAL ASSEMBLY



 


 
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1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The School Code is amended by changing Sections
527-8.1 and 27A-5 as follows:
 
6    (105 ILCS 5/27-8.1)  (from Ch. 122, par. 27-8.1)
7    Sec. 27-8.1. Health examinations and immunizations.
8    (1) In compliance with rules and regulations which the
9Department of Public Health shall promulgate, and except as
10hereinafter provided, all children in Illinois shall have a
11health examination as follows: within one year prior to
12entering kindergarten or the first grade of any public,
13private, or parochial elementary school; upon entering the
14sixth and ninth grades of any public, private, or parochial
15school; prior to entrance into any public, private, or
16parochial nursery school; and, irrespective of grade,
17immediately prior to or upon entrance into any public, private,
18or parochial school or nursery school, each child shall present
19proof of having been examined in accordance with this Section
20and the rules and regulations promulgated hereunder. Any child
21who received a health examination within one year prior to
22entering the fifth grade for the 2007-2008 school year is not
23required to receive an additional health examination in order

 

 

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1to comply with the provisions of Public Act 95-422 when he or
2she attends school for the 2008-2009 school year, unless the
3child is attending school for the first time as provided in
4this paragraph.
5    A tuberculosis skin test screening shall be included as a
6required part of each health examination included under this
7Section if the child resides in an area designated by the
8Department of Public Health as having a high incidence of
9tuberculosis. Additional health examinations of pupils,
10including eye examinations, may be required when deemed
11necessary by school authorities. Parents are encouraged to have
12their children undergo eye examinations at the same points in
13time required for health examinations.
14    (1.5) In compliance with rules adopted by the Department of
15Public Health and except as otherwise provided in this Section,
16all children in kindergarten and the second and sixth grades of
17any public, private, or parochial school shall have a dental
18examination. Each of these children shall present proof of
19having been examined by a dentist in accordance with this
20Section and rules adopted under this Section before May 15th of
21the school year. If a child in the second or sixth grade fails
22to present proof by May 15th, the school may hold the child's
23report card until one of the following occurs: (i) the child
24presents proof of a completed dental examination or (ii) the
25child presents proof that a dental examination will take place
26within 60 days after May 15th. The Department of Public Health

 

 

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1shall establish, by rule, a waiver for children who show an
2undue burden or a lack of access to a dentist. Each public,
3private, and parochial school must give notice of this dental
4examination requirement to the parents and guardians of
5students at least 60 days before May 15th of each school year.
6    (1.10) Except as otherwise provided in this Section, all
7children enrolling in kindergarten in a public, private, or
8parochial school on or after the effective date of this
9amendatory Act of the 95th General Assembly and any student
10enrolling for the first time in a public, private, or parochial
11school on or after the effective date of this amendatory Act of
12the 95th General Assembly shall have an eye examination. Each
13of these children shall present proof of having been examined
14by a physician licensed to practice medicine in all of its
15branches or a licensed optometrist within the previous year, in
16accordance with this Section and rules adopted under this
17Section, before October 15th of the school year. If the child
18fails to present proof by October 15th, the school may hold the
19child's report card until one of the following occurs: (i) the
20child presents proof of a completed eye examination or (ii) the
21child presents proof that an eye examination will take place
22within 60 days after October 15th. The Department of Public
23Health shall establish, by rule, a waiver for children who show
24an undue burden or a lack of access to a physician licensed to
25practice medicine in all of its branches who provides eye
26examinations or to a licensed optometrist. Each public,

 

 

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1private, and parochial school must give notice of this eye
2examination requirement to the parents and guardians of
3students in compliance with rules of the Department of Public
4Health. Nothing in this Section shall be construed to allow a
5school to exclude a child from attending because of a parent's
6or guardian's failure to obtain an eye examination for the
7child.
8    (2) The Department of Public Health shall promulgate rules
9and regulations specifying the examinations and procedures
10that constitute a health examination, which shall include an
11age-appropriate developmental screening, an age-appropriate
12social and emotional screening, and the collection of data
13relating to obesity (including at a minimum, date of birth,
14gender, height, weight, blood pressure, and date of exam), and
15a dental examination and may recommend by rule that certain
16additional examinations be performed. The rules and
17regulations of the Department of Public Health shall specify
18that a tuberculosis skin test screening shall be included as a
19required part of each health examination included under this
20Section if the child resides in an area designated by the
21Department of Public Health as having a high incidence of
22tuberculosis. With respect to the developmental screening and
23the social and emotional screening, the Department of Public
24Health must develop rules and appropriate revisions to the
25Child Health Examination form in conjunction with a statewide
26organization representing school boards; a statewide

 

 

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1organization representing pediatricians; statewide
2organizations representing individuals holding Illinois
3educator licenses with school support personnel endorsements,
4including school social workers, school psychologists, and
5school nurses; a statewide organization representing
6children's mental health experts; a statewide organization
7representing school principals; the Director of Healthcare and
8Family Services or his or her designee, the State
9Superintendent of Education or his or her designee; and
10representatives of other appropriate State agencies and, at a
11minimum, must recommend the use of validated screening tools
12appropriate to the child's age or grade, and, with regard to
13the social and emotional screening, require recording only
14whether or not the screening was completed. The rules shall
15take into consideration the screening recommendations of the
16American Academy of Pediatrics and must be consistent with the
17State Board of Education's social and emotional learning
18standards. The Department of Public Health shall specify that a
19diabetes screening as defined by rule shall be included as a
20required part of each health examination. Diabetes testing is
21not required.
22    Physicians licensed to practice medicine in all of its
23branches, licensed advanced practice nurses, or licensed
24physician assistants shall be responsible for the performance
25of the health examinations, other than dental examinations, eye
26examinations, and vision and hearing screening, and shall sign

 

 

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1all report forms required by subsection (4) of this Section
2that pertain to those portions of the health examination for
3which the physician, advanced practice nurse, or physician
4assistant is responsible. If a registered nurse performs any
5part of a health examination, then a physician licensed to
6practice medicine in all of its branches must review and sign
7all required report forms. Licensed dentists shall perform all
8dental examinations and shall sign all report forms required by
9subsection (4) of this Section that pertain to the dental
10examinations. Physicians licensed to practice medicine in all
11its branches or licensed optometrists shall perform all eye
12examinations required by this Section and shall sign all report
13forms required by subsection (4) of this Section that pertain
14to the eye examination. For purposes of this Section, an eye
15examination shall at a minimum include history, visual acuity,
16subjective refraction to best visual acuity near and far,
17internal and external examination, and a glaucoma evaluation,
18as well as any other tests or observations that in the
19professional judgment of the doctor are necessary. Vision and
20hearing screening tests, which shall not be considered
21examinations as that term is used in this Section, shall be
22conducted in accordance with rules and regulations of the
23Department of Public Health, and by individuals whom the
24Department of Public Health has certified. In these rules and
25regulations, the Department of Public Health shall require that
26individuals conducting vision screening tests give a child's

 

 

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1parent or guardian written notification, before the vision
2screening is conducted, that states, "Vision screening is not a
3substitute for a complete eye and vision evaluation by an eye
4doctor. Your child is not required to undergo this vision
5screening if an optometrist or ophthalmologist has completed
6and signed a report form indicating that an examination has
7been administered within the previous 12 months."
8    (2.5) With respect to the developmental screening and the
9social and emotional screening portion of the health
10examination, each child may present proof of having been
11screened in accordance with this Section and the rules adopted
12under this Section before October 15th of the school year. With
13regard to the social and emotional screening only, the
14examining health care provider shall only record whether or not
15the screening was completed. If the child fails to present
16proof of the developmental screening or the social and
17emotional screening portions of the health examination by
18October 15th of the school year, qualified school support
19personnel may, with a parent's or guardian's consent, offer the
20developmental screening or the social and emotional screening
21to the child. Each public, private, and parochial school must
22give notice of the developmental screening and social and
23emotional screening requirements to the parents and guardians
24of students in compliance with the rules of the Department of
25Public Health. Nothing in this Section shall be construed to
26allow a school to exclude a child from attending because of a

 

 

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1parent's or guardian's failure to obtain a developmental
2screening or a social and emotional screening for the child.
3Once a developmental screening or a social and emotional
4screening is completed and proof has been presented to the
5school, the school may, with a parent's or guardian's consent,
6make available appropriate school personnel to work with the
7parent or guardian, the child, and the provider who signed the
8screening form to obtain any appropriate evaluations and
9services as indicated on the form and in other information and
10documentation provided by the parents, guardians, or provider.
11    (3) Every child shall, at or about the same time as he or
12she receives a health examination required by subsection (1) of
13this Section, present to the local school proof of having
14received such immunizations against preventable communicable
15diseases as the Department of Public Health shall require by
16rules and regulations promulgated pursuant to this Section and
17the Communicable Disease Prevention Act.
18    (4) The individuals conducting the health examination,
19dental examination, or eye examination shall record the fact of
20having conducted the examination, and such additional
21information as required, including for a health examination
22data relating to obesity (including at a minimum, date of
23birth, gender, height, weight, blood pressure, and date of
24exam), on uniform forms which the Department of Public Health
25and the State Board of Education shall prescribe for statewide
26use. The examiner shall summarize on the report form any

 

 

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1condition that he or she suspects indicates a need for special
2services, including for a health examination factors relating
3to obesity. The duty to summarize on the report form does not
4apply to social and emotional screenings. The confidentiality
5of the information and records relating to the developmental
6screening and the social and emotional screening shall be
7determined by the statutes, rules, and professional ethics
8governing the type of provider conducting the screening. The
9individuals confirming the administration of required
10immunizations shall record as indicated on the form that the
11immunizations were administered.
12    (5) If a child does not submit proof of having had either
13the health examination or the immunization as required, then
14the child shall be examined or receive the immunization, as the
15case may be, and present proof by October 15 of the current
16school year, or by an earlier date of the current school year
17established by a school district. To establish a date before
18October 15 of the current school year for the health
19examination or immunization as required, a school district must
20give notice of the requirements of this Section 60 days prior
21to the earlier established date. If for medical reasons one or
22more of the required immunizations must be given after October
2315 of the current school year, or after an earlier established
24date of the current school year, then the child shall present,
25by October 15, or by the earlier established date, a schedule
26for the administration of the immunizations and a statement of

 

 

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1the medical reasons causing the delay, both the schedule and
2the statement being issued by the physician, advanced practice
3nurse, physician assistant, registered nurse, or local health
4department that will be responsible for administration of the
5remaining required immunizations. If a child does not comply by
6October 15, or by the earlier established date of the current
7school year, with the requirements of this subsection, then the
8local school authority shall exclude that child from school
9until such time as the child presents proof of having had the
10health examination as required and presents proof of having
11received those required immunizations which are medically
12possible to receive immediately. During a child's exclusion
13from school for noncompliance with this subsection, the child's
14parents or legal guardian shall be considered in violation of
15Section 26-1 and subject to any penalty imposed by Section
1626-10. This subsection (5) does not apply to dental
17examinations, and eye examinations, and the developmental
18screening and the social and emotional screening portions of
19the health examination. If the student is an out-of-state
20transfer student and does not have the proof required under
21this subsection (5) before October 15 of the current year or
22whatever date is set by the school district, then he or she may
23only attend classes (i) if he or she has proof that an
24appointment for the required vaccinations has been scheduled
25with a party authorized to submit proof of the required
26vaccinations. If the proof of vaccination required under this

 

 

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1subsection (5) is not submitted within 30 days after the
2student is permitted to attend classes, then the student is not
3to be permitted to attend classes until proof of the
4vaccinations has been properly submitted. No school district or
5employee of a school district shall be held liable for any
6injury or illness to another person that results from admitting
7an out-of-state transfer student to class that has an
8appointment scheduled pursuant to this subsection (5).
9    (6) Every school shall report to the State Board of
10Education by November 15, in the manner which that agency shall
11require, the number of children who have received the necessary
12immunizations and the health examination (other than a dental
13examination or eye examination) as required, indicating, of
14those who have not received the immunizations and examination
15as required, the number of children who are exempt from health
16examination and immunization requirements on religious or
17medical grounds as provided in subsection (8). On or before
18December 1 of each year, every public school district and
19registered nonpublic school shall make publicly available the
20immunization data they are required to submit to the State
21Board of Education by November 15. The immunization data made
22publicly available must be identical to the data the school
23district or school has reported to the State Board of
24Education.
25    Every school shall report to the State Board of Education
26by June 30, in the manner that the State Board requires, the

 

 

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1number of children who have received the required dental
2examination, indicating, of those who have not received the
3required dental examination, the number of children who are
4exempt from the dental examination on religious grounds as
5provided in subsection (8) of this Section and the number of
6children who have received a waiver under subsection (1.5) of
7this Section.
8    Every school shall report to the State Board of Education
9by June 30, in the manner that the State Board requires, the
10number of children who have received the required eye
11examination, indicating, of those who have not received the
12required eye examination, the number of children who are exempt
13from the eye examination as provided in subsection (8) of this
14Section, the number of children who have received a waiver
15under subsection (1.10) of this Section, and the total number
16of children in noncompliance with the eye examination
17requirement.
18    The reported information under this subsection (6) shall be
19provided to the Department of Public Health by the State Board
20of Education.
21    (7) Upon determining that the number of pupils who are
22required to be in compliance with subsection (5) of this
23Section is below 90% of the number of pupils enrolled in the
24school district, 10% of each State aid payment made pursuant to
25Section 18-8.05 to the school district for such year may be
26withheld by the State Board of Education until the number of

 

 

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1students in compliance with subsection (5) is the applicable
2specified percentage or higher.
3    (8) Children of parents or legal guardians who object to
4health, dental, or eye examinations or any part thereof, to
5immunizations, or to vision and hearing screening tests on
6religious grounds shall not be required to undergo the
7examinations, tests, or immunizations to which they so object
8if such parents or legal guardians present to the appropriate
9local school authority a signed Certificate of Religious
10Exemption detailing the grounds for objection and the specific
11immunizations, tests, or examinations to which they object. The
12grounds for objection must set forth the specific religious
13belief that conflicts with the examination, test,
14immunization, or other medical intervention. The signed
15certificate shall also reflect the parent's or legal guardian's
16understanding of the school's exclusion policies in the case of
17a vaccine-preventable disease outbreak or exposure. The
18certificate must also be signed by the authorized examining
19health care provider responsible for the performance of the
20child's health examination confirming that the provider
21provided education to the parent or legal guardian on the
22benefits of immunization and the health risks to the student
23and to the community of the communicable diseases for which
24immunization is required in this State. However, the health
25care provider's signature on the certificate reflects only that
26education was provided and does not allow a health care

 

 

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1provider grounds to determine a religious exemption. Those
2receiving immunizations required under this Code shall be
3provided with the relevant vaccine information statements that
4are required to be disseminated by the federal National
5Childhood Vaccine Injury Act of 1986, which may contain
6information on circumstances when a vaccine should not be
7administered, prior to administering a vaccine. A healthcare
8provider may consider including without limitation the
9nationally accepted recommendations from federal agencies such
10as the Advisory Committee on Immunization Practices, the
11information outlined in the relevant vaccine information
12statement, and vaccine package inserts, along with the
13healthcare provider's clinical judgment, to determine whether
14any child may be more susceptible to experiencing an adverse
15vaccine reaction than the general population, and, if so, the
16healthcare provider may exempt the child from an immunization
17or adopt an individualized immunization schedule. The
18Certificate of Religious Exemption shall be created by the
19Department of Public Health and shall be made available and
20used by parents and legal guardians by the beginning of the
212015-2016 school year. Parents or legal guardians must submit
22the Certificate of Religious Exemption to their local school
23authority prior to entering kindergarten, sixth grade, and
24ninth grade for each child for which they are requesting an
25exemption. The religious objection stated need not be directed
26by the tenets of an established religious organization.

 

 

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1However, general philosophical or moral reluctance to allow
2physical examinations, eye examinations, immunizations, vision
3and hearing screenings, or dental examinations does not provide
4a sufficient basis for an exception to statutory requirements.
5The local school authority is responsible for determining if
6the content of the Certificate of Religious Exemption
7constitutes a valid religious objection. The local school
8authority shall inform the parent or legal guardian of
9exclusion procedures, in accordance with the Department's
10rules under Part 690 of Title 77 of the Illinois Administrative
11Code, at the time the objection is presented.
12    If the physical condition of the child is such that any one
13or more of the immunizing agents should not be administered,
14the examining physician, advanced practice nurse, or physician
15assistant responsible for the performance of the health
16examination shall endorse that fact upon the health examination
17form.
18    Exempting a child from the health, dental, or eye
19examination does not exempt the child from participation in the
20program of physical education training provided in Sections
2127-5 through 27-7 of this Code.
22    (9) For the purposes of this Section, "nursery schools"
23means those nursery schools operated by elementary school
24systems or secondary level school units or institutions of
25higher learning.
26(Source: P.A. 98-673, eff. 6-30-14; 99-173, eff. 7-29-15;

 

 

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199-249, eff. 8-3-15; 99-642, eff. 7-28-16.)
 
2    (105 ILCS 5/27A-5)
3    Sec. 27A-5. Charter school; legal entity; requirements.
4    (a) A charter school shall be a public, nonsectarian,
5nonreligious, non-home based, and non-profit school. A charter
6school shall be organized and operated as a nonprofit
7corporation or other discrete, legal, nonprofit entity
8authorized under the laws of the State of Illinois.
9    (b) A charter school may be established under this Article
10by creating a new school or by converting an existing public
11school or attendance center to charter school status. Beginning
12on April 16, 2003 (the effective date of Public Act 93-3), in
13all new applications to establish a charter school in a city
14having a population exceeding 500,000, operation of the charter
15school shall be limited to one campus. The changes made to this
16Section by Public Act 93-3 do not apply to charter schools
17existing or approved on or before April 16, 2003 (the effective
18date of Public Act 93-3).
19    (b-5) In this subsection (b-5), "virtual-schooling" means
20a cyber school where students engage in online curriculum and
21instruction via the Internet and electronic communication with
22their teachers at remote locations and with students
23participating at different times.
24    From April 1, 2013 through December 31, 2016, there is a
25moratorium on the establishment of charter schools with

 

 

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1virtual-schooling components in school districts other than a
2school district organized under Article 34 of this Code. This
3moratorium does not apply to a charter school with
4virtual-schooling components existing or approved prior to
5April 1, 2013 or to the renewal of the charter of a charter
6school with virtual-schooling components already approved
7prior to April 1, 2013.
8    On or before March 1, 2014, the Commission shall submit to
9the General Assembly a report on the effect of
10virtual-schooling, including without limitation the effect on
11student performance, the costs associated with
12virtual-schooling, and issues with oversight. The report shall
13include policy recommendations for virtual-schooling.
14    (c) A charter school shall be administered and governed by
15its board of directors or other governing body in the manner
16provided in its charter. The governing body of a charter school
17shall be subject to the Freedom of Information Act and the Open
18Meetings Act.
19    (d) For purposes of this subsection (d), "non-curricular
20health and safety requirement" means any health and safety
21requirement created by statute or rule to provide, maintain,
22preserve, or safeguard safe or healthful conditions for
23students and school personnel or to eliminate, reduce, or
24prevent threats to the health and safety of students and school
25personnel. "Non-curricular health and safety requirement" does
26not include any course of study or specialized instructional

 

 

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1requirement for which the State Board has established goals and
2learning standards or which is designed primarily to impart
3knowledge and skills for students to master and apply as an
4outcome of their education.
5    A charter school shall comply with all non-curricular
6health and safety requirements applicable to public schools
7under the laws of the State of Illinois. On or before September
81, 2015, the State Board shall promulgate and post on its
9Internet website a list of non-curricular health and safety
10requirements that a charter school must meet. The list shall be
11updated annually no later than September 1. Any charter
12contract between a charter school and its authorizer must
13contain a provision that requires the charter school to follow
14the list of all non-curricular health and safety requirements
15promulgated by the State Board and any non-curricular health
16and safety requirements added by the State Board to such list
17during the term of the charter. Nothing in this subsection (d)
18precludes an authorizer from including non-curricular health
19and safety requirements in a charter school contract that are
20not contained in the list promulgated by the State Board,
21including non-curricular health and safety requirements of the
22authorizing local school board.
23    (e) Except as otherwise provided in the School Code, a
24charter school shall not charge tuition; provided that a
25charter school may charge reasonable fees for textbooks,
26instructional materials, and student activities.

 

 

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1    (f) A charter school shall be responsible for the
2management and operation of its fiscal affairs including, but
3not limited to, the preparation of its budget. An audit of each
4charter school's finances shall be conducted annually by an
5outside, independent contractor retained by the charter
6school. To ensure financial accountability for the use of
7public funds, on or before December 1 of every year of
8operation, each charter school shall submit to its authorizer
9and the State Board a copy of its audit and a copy of the Form
10990 the charter school filed that year with the federal
11Internal Revenue Service. In addition, if deemed necessary for
12proper financial oversight of the charter school, an authorizer
13may require quarterly financial statements from each charter
14school.
15    (g) A charter school shall comply with all provisions of
16this Article, the Illinois Educational Labor Relations Act, all
17federal and State laws and rules applicable to public schools
18that pertain to special education and the instruction of
19English learners, and its charter. A charter school is exempt
20from all other State laws and regulations in this Code
21governing public schools and local school board policies;
22however, a charter school is not exempt from the following:
23        (1) Sections 10-21.9 and 34-18.5 of this Code regarding
24    criminal history records checks and checks of the Statewide
25    Sex Offender Database and Statewide Murderer and Violent
26    Offender Against Youth Database of applicants for

 

 

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1    employment;
2        (2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and
3    34-84a of this Code regarding discipline of students;
4        (3) the Local Governmental and Governmental Employees
5    Tort Immunity Act;
6        (4) Section 108.75 of the General Not For Profit
7    Corporation Act of 1986 regarding indemnification of
8    officers, directors, employees, and agents;
9        (5) the Abused and Neglected Child Reporting Act;
10        (6) the Illinois School Student Records Act;
11        (7) Section 10-17a of this Code regarding school report
12    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; and
18        (11) Sections Section 22-80 and 27-8.1 of this Code.
19    The change made by Public Act 96-104 to this subsection (g)
20is declaratory of existing law.
21    (h) A charter school may negotiate and contract with a
22school district, the governing body of a State college or
23university or public community college, or any other public or
24for-profit or nonprofit private entity for: (i) the use of a
25school building and grounds or any other real property or
26facilities that the charter school desires to use or convert

 

 

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1for use as a charter school site, (ii) the operation and
2maintenance thereof, and (iii) the provision of any service,
3activity, or undertaking that the charter school is required to
4perform in order to carry out the terms of its charter.
5However, a charter school that is established on or after April
616, 2003 (the effective date of Public Act 93-3) and that
7operates in a city having a population exceeding 500,000 may
8not contract with a for-profit entity to manage or operate the
9school during the period that commences on April 16, 2003 (the
10effective date of Public Act 93-3) and concludes at the end of
11the 2004-2005 school year. Except as provided in subsection (i)
12of this Section, a school district may charge a charter school
13reasonable rent for the use of the district's buildings,
14grounds, and facilities. Any services for which a charter
15school contracts with a school district shall be provided by
16the district at cost. Any services for which a charter school
17contracts with a local school board or with the governing body
18of a State college or university or public community college
19shall be provided by the public entity at cost.
20    (i) In no event shall a charter school that is established
21by converting an existing school or attendance center to
22charter school status be required to pay rent for space that is
23deemed available, as negotiated and provided in the charter
24agreement, in school district facilities. However, all other
25costs for the operation and maintenance of school district
26facilities that are used by the charter school shall be subject

 

 

SB0565 Enrolled- 22 -LRB099 03009 JLK 23017 b

1to negotiation between the charter school and the local school
2board and shall be set forth in the charter.
3    (j) A charter school may limit student enrollment by age or
4grade level.
5    (k) If the charter school is approved by the Commission,
6then the Commission charter school is its own local education
7agency.
8(Source: P.A. 98-16, eff. 5-24-13; 98-639, eff. 6-9-14; 98-669,
9eff. 6-26-14; 98-739, eff. 7-16-14; 98-783, eff. 1-1-15;
1098-1059, eff. 8-26-14; 98-1102, eff. 8-26-14; 99-30, eff.
117-10-15; 99-78, eff. 7-20-15; 99-245, eff. 8-3-15; 99-325, eff.
128-10-15; 99-456, eff. 9-15-16; 99-642, eff. 7-28-16.)
 
13    Section 99. Effective date. This Act takes effect June 1,
142017.