Illinois General Assembly - Full Text of SB0565
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Full Text of SB0565  99th General Assembly

SB0565ham001 99TH GENERAL ASSEMBLY

Rep. Camille Y. Lilly

Filed: 5/19/2016

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 565

2    AMENDMENT NO. ______. Amend Senate Bill 565 by replacing
3everything after the enacting clause with the following:
 
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,

 

 

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1immediately prior to or upon entrance into any public, private,
2or parochial school or nursery school, each child shall present
3proof of having been examined in accordance with this Section
4and the rules and regulations promulgated hereunder. Any child
5who received a health examination within one year prior to
6entering the fifth grade for the 2007-2008 school year is not
7required to receive an additional health examination in order
8to comply with the provisions of Public Act 95-422 when he or
9she attends school for the 2008-2009 school year, unless the
10child is attending school for the first time as provided in
11this paragraph.
12    A tuberculosis skin test screening shall be included as a
13required part of each health examination included under this
14Section if the child resides in an area designated by the
15Department of Public Health as having a high incidence of
16tuberculosis. Additional health examinations of pupils,
17including eye examinations, may be required when deemed
18necessary by school authorities. Parents are encouraged to have
19their children undergo eye examinations at the same points in
20time required for health examinations.
21    (1.5) In compliance with rules adopted by the Department of
22Public Health and except as otherwise provided in this Section,
23all children in kindergarten and the second and sixth grades of
24any public, private, or parochial school shall have a dental
25examination. Each of these children shall present proof of
26having been examined by a dentist in accordance with this

 

 

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

 

 

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1child presents proof of a completed eye examination or (ii) the
2child presents proof that an eye examination will take place
3within 60 days after October 15th. The Department of Public
4Health shall establish, by rule, a waiver for children who show
5an undue burden or a lack of access to a physician licensed to
6practice medicine in all of its branches who provides eye
7examinations or to a licensed optometrist. Each public,
8private, and parochial school must give notice of this eye
9examination requirement to the parents and guardians of
10students in compliance with rules of the Department of Public
11Health. Nothing in this Section shall be construed to allow a
12school to exclude a child from attending because of a parent's
13or guardian's failure to obtain an eye examination for the
14child.
15    (2) The Department of Public Health shall promulgate rules
16and regulations specifying the examinations and procedures
17that constitute a health examination, which shall include an
18age-appropriate developmental screening, a social and
19emotional screening, and the collection of data relating to
20obesity (including at a minimum, date of birth, gender, height,
21weight, blood pressure, and date of exam), and a dental
22examination and may recommend by rule that certain additional
23examinations be performed. The rules and regulations of the
24Department of Public Health shall specify that a tuberculosis
25skin test screening shall be included as a required part of
26each health examination included under this Section if the

 

 

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1child resides in an area designated by the Department of Public
2Health as having a high incidence of tuberculosis. With respect
3to the developmental screening and the social and emotional
4screening, the Department of Public Health must develop rules
5and appropriate revisions to the Child Health Examination form
6in conjunction with a statewide organization representing
7school boards; a statewide organization representing
8pediatricians; statewide organizations representing
9individuals holding Illinois educator licenses with school
10support personnel endorsements, including school social
11workers, school psychologists, and school nurses; a statewide
12organization representing children's mental health experts; a
13statewide organization representing school principals; the
14Director of Healthcare and Family Services or his or her
15designee, the State Superintendent of Education or his or her
16designee; and representatives of other appropriate State
17agencies and, at a minimum, must recommend the use of validated
18screening tools, the ages or grades when the screenings will be
19required and, in addition to physicians licensed to practice
20medicine in all of its branches, licensed advanced practice
21nurses, and licensed physician assistants, other professionals
22who may conduct the screenings. The rules shall take into
23consideration the screening recommendations of the American
24Academy of Pediatrics and must be consistent with the State
25Board of Education's social and emotional learning standards.
26The Department of Public Health shall specify that a diabetes

 

 

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1screening as defined by rule shall be included as a required
2part of each health examination. Diabetes testing is not
3required.
4    Physicians licensed to practice medicine in all of its
5branches, licensed advanced practice nurses, or licensed
6physician assistants shall be responsible for the performance
7of the health examinations, other than dental examinations, eye
8examinations, and vision and hearing screening, and shall sign
9all report forms required by subsection (4) of this Section
10that pertain to those portions of the health examination for
11which the physician, advanced practice nurse, or physician
12assistant is responsible. If a registered nurse performs any
13part of a health examination, then a physician licensed to
14practice medicine in all of its branches must review and sign
15all required report forms. Licensed dentists shall perform all
16dental examinations and shall sign all report forms required by
17subsection (4) of this Section that pertain to the dental
18examinations. Physicians licensed to practice medicine in all
19its branches or licensed optometrists shall perform all eye
20examinations required by this Section and shall sign all report
21forms required by subsection (4) of this Section that pertain
22to the eye examination. For purposes of this Section, an eye
23examination shall at a minimum include history, visual acuity,
24subjective refraction to best visual acuity near and far,
25internal and external examination, and a glaucoma evaluation,
26as well as any other tests or observations that in the

 

 

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1professional judgment of the doctor are necessary. Vision and
2hearing screening tests, which shall not be considered
3examinations as that term is used in this Section, shall be
4conducted in accordance with rules and regulations of the
5Department of Public Health, and by individuals whom the
6Department of Public Health has certified. In these rules and
7regulations, the Department of Public Health shall require that
8individuals conducting vision screening tests give a child's
9parent or guardian written notification, before the vision
10screening is conducted, that states, "Vision screening is not a
11substitute for a complete eye and vision evaluation by an eye
12doctor. Your child is not required to undergo this vision
13screening if an optometrist or ophthalmologist has completed
14and signed a report form indicating that an examination has
15been administered within the previous 12 months."
16    (2.5) With respect to the developmental screening and the
17social and emotional screening portion of the health
18examination, each child shall present proof of having been
19screened in accordance with this Section and the rules adopted
20under this Section before October 15th of the school year. If
21the child fails to present proof of the developmental screening
22or the social and emotional screening portions of the health
23examination by October 15th of the school year, qualified
24school support personnel may, with a parent's or guardian's
25consent, offer the developmental screening or the social and
26emotional screening to the child. Each public, private, and

 

 

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1parochial school must give notice of the developmental
2screening and social and emotional screening requirements to
3the parents and guardians of students in compliance with the
4rules of the Department of Public Health. Nothing in this
5Section shall be construed to allow a school to exclude a child
6from attending because of a parent's or guardian's failure to
7obtain a developmental screening or a social and emotional
8screening for the child. Once a developmental screening or a
9social and emotional screening is completed and proof has been
10presented to the school, the school may, with a parent's or
11guardian's consent, make available appropriate school
12personnel to work with the parent or guardian, the child, and
13the provider who signed the screening form to obtain any
14appropriate evaluations and services as indicated on the form
15and in other information and documentation provided by the
16parents, guardians, or provider.
17    (3) Every child shall, at or about the same time as he or
18she receives a health examination required by subsection (1) of
19this Section, present to the local school proof of having
20received such immunizations against preventable communicable
21diseases as the Department of Public Health shall require by
22rules and regulations promulgated pursuant to this Section and
23the Communicable Disease Prevention Act.
24    (4) The individuals conducting the health examination,
25dental examination, or eye examination shall record the fact of
26having conducted the examination, and such additional

 

 

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1information as required, including for a health examination
2data relating to obesity (including at a minimum, date of
3birth, gender, height, weight, blood pressure, and date of
4exam), on uniform forms which the Department of Public Health
5and the State Board of Education shall prescribe for statewide
6use. The examiner shall summarize on the report form any
7condition that he or she suspects indicates a need for special
8services, including for a health examination factors relating
9to obesity. The confidentiality of the information and records
10relating to the developmental screening and the social and
11emotional screening shall be determined by the statutes, rules,
12and professional ethics governing the type of provider
13conducting the screening. The individuals confirming the
14administration of required immunizations shall record as
15indicated on the form that the immunizations were administered.
16    (5) If a child does not submit proof of having had either
17the health examination or the immunization as required, then
18the child shall be examined or receive the immunization, as the
19case may be, and present proof by October 15 of the current
20school year, or by an earlier date of the current school year
21established by a school district. To establish a date before
22October 15 of the current school year for the health
23examination or immunization as required, a school district must
24give notice of the requirements of this Section 60 days prior
25to the earlier established date. If for medical reasons one or
26more of the required immunizations must be given after October

 

 

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115 of the current school year, or after an earlier established
2date of the current school year, then the child shall present,
3by October 15, or by the earlier established date, a schedule
4for the administration of the immunizations and a statement of
5the medical reasons causing the delay, both the schedule and
6the statement being issued by the physician, advanced practice
7nurse, physician assistant, registered nurse, or local health
8department that will be responsible for administration of the
9remaining required immunizations. If a child does not comply by
10October 15, or by the earlier established date of the current
11school year, with the requirements of this subsection, then the
12local school authority shall exclude that child from school
13until such time as the child presents proof of having had the
14health examination as required and presents proof of having
15received those required immunizations which are medically
16possible to receive immediately. During a child's exclusion
17from school for noncompliance with this subsection, the child's
18parents or legal guardian shall be considered in violation of
19Section 26-1 and subject to any penalty imposed by Section
2026-10. This subsection (5) does not apply to dental
21examinations, and eye examinations, and the developmental
22screening and the social and emotional screening portions of
23the health examination. If the student is an out-of-state
24transfer student and does not have the proof required under
25this subsection (5) before October 15 of the current year or
26whatever date is set by the school district, then he or she may

 

 

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

 

 

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

 

 

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1Section is below 90% of the number of pupils enrolled in the
2school district, 10% of each State aid payment made pursuant to
3Section 18-8.05 to the school district for such year may be
4withheld by the State Board of Education until the number of
5students in compliance with subsection (5) is the applicable
6specified percentage or higher.
7    (8) Children of parents or legal guardians who object to
8health, dental, or eye examinations or any part thereof, to
9immunizations, or to vision and hearing screening tests on
10religious grounds shall not be required to undergo the
11examinations, tests, or immunizations to which they so object
12if such parents or legal guardians present to the appropriate
13local school authority a signed Certificate of Religious
14Exemption detailing the grounds for objection and the specific
15immunizations, tests, or examinations to which they object. The
16grounds for objection must set forth the specific religious
17belief that conflicts with the examination, test,
18immunization, or other medical intervention. The signed
19certificate shall also reflect the parent's or legal guardian's
20understanding of the school's exclusion policies in the case of
21a vaccine-preventable disease outbreak or exposure. The
22certificate must also be signed by the authorized examining
23health care provider responsible for the performance of the
24child's health examination confirming that the provider
25provided education to the parent or legal guardian on the
26benefits of immunization and the health risks to the student

 

 

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1and to the community of the communicable diseases for which
2immunization is required in this State. However, the health
3care provider's signature on the certificate reflects only that
4education was provided and does not allow a health care
5provider grounds to determine a religious exemption. Those
6receiving immunizations required under this Code shall be
7provided with the relevant vaccine information statements that
8are required to be disseminated by the federal National
9Childhood Vaccine Injury Act of 1986, which may contain
10information on circumstances when a vaccine should not be
11administered, prior to administering a vaccine. A healthcare
12provider may consider including without limitation the
13nationally accepted recommendations from federal agencies such
14as the Advisory Committee on Immunization Practices, the
15information outlined in the relevant vaccine information
16statement, and vaccine package inserts, along with the
17healthcare provider's clinical judgment, to determine whether
18any child may be more susceptible to experiencing an adverse
19vaccine reaction than the general population, and, if so, the
20healthcare provider may exempt the child from an immunization
21or adopt an individualized immunization schedule. The
22Certificate of Religious Exemption shall be created by the
23Department of Public Health and shall be made available and
24used by parents and legal guardians by the beginning of the
252015-2016 school year. Parents or legal guardians must submit
26the Certificate of Religious Exemption to their local school

 

 

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1authority prior to entering kindergarten, sixth grade, and
2ninth grade for each child for which they are requesting an
3exemption. The religious objection stated need not be directed
4by the tenets of an established religious organization.
5However, general philosophical or moral reluctance to allow
6physical examinations, eye examinations, immunizations, vision
7and hearing screenings, or dental examinations does not provide
8a sufficient basis for an exception to statutory requirements.
9The local school authority is responsible for determining if
10the content of the Certificate of Religious Exemption
11constitutes a valid religious objection. The local school
12authority shall inform the parent or legal guardian of
13exclusion procedures, in accordance with the Department's
14rules under Part 690 of Title 77 of the Illinois Administrative
15Code, at the time the objection is presented.
16    If the physical condition of the child is such that any one
17or more of the immunizing agents should not be administered,
18the examining physician, advanced practice nurse, or physician
19assistant responsible for the performance of the health
20examination shall endorse that fact upon the health examination
21form.
22    Exempting a child from the health, dental, or eye
23examination does not exempt the child from participation in the
24program of physical education training provided in Sections
2527-5 through 27-7 of this Code.
26    (9) For the purposes of this Section, "nursery schools"

 

 

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1means those nursery schools operated by elementary school
2systems or secondary level school units or institutions of
3higher learning.
4(Source: P.A. 98-673, eff. 6-30-14; 99-173, eff. 7-29-15;
599-249, eff. 8-3-15; revised 10-21-15.)
 
6    (105 ILCS 5/27A-5)
7    (Text of Section before amendment by P.A. 99-456)
8    Sec. 27A-5. Charter school; legal entity; requirements.
9    (a) A charter school shall be a public, nonsectarian,
10nonreligious, non-home based, and non-profit school. A charter
11school shall be organized and operated as a nonprofit
12corporation or other discrete, legal, nonprofit entity
13authorized under the laws of the State of Illinois.
14    (b) A charter school may be established under this Article
15by creating a new school or by converting an existing public
16school or attendance center to charter school status. Beginning
17on April 16, 2003 (the effective date of Public Act 93-3) this
18amendatory Act of the 93rd General Assembly, in all new
19applications to establish a charter school in a city having a
20population exceeding 500,000, operation of the charter school
21shall be limited to one campus. The changes made to this
22Section by Public Act 93-3 this amendatory Act of the 93rd
23General Assembly do not apply to charter schools existing or
24approved on or before April 16, 2003 (the effective date of
25Public Act 93-3) this amendatory Act.

 

 

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1    (b-5) In this subsection (b-5), "virtual-schooling" means
2a cyber school where students engage in online curriculum and
3instruction via the Internet and electronic communication with
4their teachers at remote locations and with students
5participating at different times.
6    From April 1, 2013 through December 31, 2016, there is a
7moratorium on the establishment of charter schools with
8virtual-schooling components in school districts other than a
9school district organized under Article 34 of this Code. This
10moratorium does not apply to a charter school with
11virtual-schooling components existing or approved prior to
12April 1, 2013 or to the renewal of the charter of a charter
13school with virtual-schooling components already approved
14prior to April 1, 2013.
15    On or before March 1, 2014, the Commission shall submit to
16the General Assembly a report on the effect of
17virtual-schooling, including without limitation the effect on
18student performance, the costs associated with
19virtual-schooling, and issues with oversight. The report shall
20include policy recommendations for virtual-schooling.
21    (c) A charter school shall be administered and governed by
22its board of directors or other governing body in the manner
23provided in its charter. The governing body of a charter school
24shall be subject to the Freedom of Information Act and the Open
25Meetings Act.
26    (d) For purposes of this subsection (d), "non-curricular

 

 

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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 school
6personnel. "Non-curricular health and safety requirement" does
7not include any course of study or specialized instructional
8requirement for which the State Board has established goals and
9learning standards or which is designed primarily to impart
10knowledge and skills for students to master and apply as an
11outcome 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. On or before September
151, 2015, the State Board shall promulgate and post on its
16Internet website a list of non-curricular health and safety
17requirements that a charter school must meet. The list shall be
18updated annually no later than September 1. Any charter
19contract between a charter school and its authorizer must
20contain a provision that requires the charter school to follow
21the list of all non-curricular health and safety requirements
22promulgated by the State Board and any non-curricular health
23and safety requirements added by the State Board to such list
24during the term of the charter. Nothing in this subsection (d)
25precludes an authorizer from including non-curricular health
26and safety requirements in a charter school contract that are

 

 

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1not contained 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. To ensure financial accountability for the use of
14public funds, on or before December 1 of every year of
15operation, each charter school shall submit to its authorizer
16and the State Board a copy of its audit and a copy of the Form
17990 the charter school filed that year with the federal
18Internal Revenue Service. In addition, if deemed necessary for
19proper financial oversight of the charter school, an authorizer
20may require quarterly financial statements from each charter
21school.
22    (g) A charter school shall comply with all provisions of
23this Article, the Illinois Educational Labor Relations Act, all
24federal and State laws and rules applicable to public schools
25that pertain to special education and the instruction of
26English learners, and its charter. A charter school is exempt

 

 

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1from all other State laws and regulations in this Code
2governing public schools and local school board policies;
3however, a charter school is not exempt from the following:
4        (1) Sections 10-21.9 and 34-18.5 of this Code regarding
5    criminal history records checks and checks of the Statewide
6    Sex Offender Database and Statewide Murderer and Violent
7    Offender Against Youth Database of applicants for
8    employment;
9        (2) Sections 24-24 and 34-84A of this Code regarding
10    discipline of students;
11        (3) the Local Governmental and Governmental Employees
12    Tort Immunity Act;
13        (4) Section 108.75 of the General Not For Profit
14    Corporation Act of 1986 regarding indemnification of
15    officers, directors, employees, and agents;
16        (5) the Abused and Neglected Child Reporting Act;
17        (6) the Illinois School Student Records Act;
18        (7) Section 10-17a of this Code regarding school report
19    cards;
20        (8) the P-20 Longitudinal Education Data System Act;
21        (9) Section 27-23.7 of this Code regarding bullying
22    prevention; and
23        (10) Section 2-3.162 of this Code regarding student
24    discipline reporting; and
25        (11) Sections Section 22-80 and 27-8.1 of this Code.
26    The change made by Public Act 96-104 to this subsection (g)

 

 

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1is declaratory of existing law.
2    (h) A charter school may negotiate and contract with a
3school district, the governing body of a State college or
4university or public community college, or any other public or
5for-profit or nonprofit private entity for: (i) the use of a
6school building and grounds or any other real property or
7facilities that the charter school desires to use or convert
8for use as a charter school site, (ii) the operation and
9maintenance thereof, and (iii) the provision of any service,
10activity, or undertaking that the charter school is required to
11perform in order to carry out the terms of its charter.
12However, a charter school that is established on or after April
1316, 2003 (the effective date of Public Act 93-3) this
14amendatory Act of the 93rd General Assembly and that operates
15in a city having a population exceeding 500,000 may not
16contract with a for-profit entity to manage or operate the
17school during the period that commences on April 16, 2003 (the
18effective date of Public Act 93-3) this amendatory Act of the
1993rd General Assembly and concludes at the end of the 2004-2005
20school year. Except as provided in subsection (i) of this
21Section, a school district may charge a charter school
22reasonable rent for the use of the district's buildings,
23grounds, and facilities. Any services for which a charter
24school contracts with a school district shall be provided by
25the district at cost. Any services for which a charter school
26contracts with a local school board or with the governing body

 

 

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1of a State college or university or public community college
2shall be provided by the public entity at cost.
3    (i) In no event shall a charter school that is established
4by converting an existing school or attendance center to
5charter school status be required to pay rent for space that is
6deemed available, as negotiated and provided in the charter
7agreement, in school district facilities. However, all other
8costs for the operation and maintenance of school district
9facilities that are used by the charter school shall be subject
10to negotiation between the charter school and the local school
11board and shall be set forth in the charter.
12    (j) A charter school may limit student enrollment by age or
13grade level.
14    (k) If the charter school is approved by the Commission,
15then the Commission charter school is its own local education
16agency.
17(Source: P.A. 98-16, eff. 5-24-13; 98-639, eff. 6-9-14; 98-669,
18eff. 6-26-14; 98-739, eff. 7-16-14; 98-783, eff. 1-1-15;
1998-1059, eff. 8-26-14; 98-1102, eff. 8-26-14; 99-30, eff.
207-10-15; 99-78, eff. 7-20-15; 99-245, eff. 8-3-15; 99-325, eff.
218-10-15; revised 10-19-15.)
 
22    (Text of Section after amendment by P.A. 99-456)
23    Sec. 27A-5. Charter school; legal entity; requirements.
24    (a) A charter school shall be a public, nonsectarian,
25nonreligious, non-home based, and non-profit school. A charter

 

 

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1school shall be organized and operated as a nonprofit
2corporation or other discrete, legal, nonprofit entity
3authorized under the laws of the State of Illinois.
4    (b) A charter school may be established under this Article
5by creating a new school or by converting an existing public
6school or attendance center to charter school status. Beginning
7on April 16, 2003 (the effective date of Public Act 93-3) this
8amendatory Act of the 93rd General Assembly, in all new
9applications to establish a charter school in a city having a
10population exceeding 500,000, operation of the charter school
11shall be limited to one campus. The changes made to this
12Section by Public Act 93-3 this amendatory Act of the 93rd
13General Assembly do not apply to charter schools existing or
14approved on or before April 16, 2003 (the effective date of
15Public Act 93-3) this amendatory Act.
16    (b-5) In this subsection (b-5), "virtual-schooling" means
17a cyber school where students engage in online curriculum and
18instruction via the Internet and electronic communication with
19their teachers at remote locations and with students
20participating at different times.
21    From April 1, 2013 through December 31, 2016, there is a
22moratorium on the establishment of charter schools with
23virtual-schooling components in school districts other than a
24school district organized under Article 34 of this Code. This
25moratorium does not apply to a charter school with
26virtual-schooling components existing or approved prior to

 

 

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1April 1, 2013 or to the renewal of the charter of a charter
2school with virtual-schooling components already approved
3prior to April 1, 2013.
4    On or before March 1, 2014, the Commission shall submit to
5the General Assembly a report on the effect of
6virtual-schooling, including without limitation the effect on
7student performance, the costs associated with
8virtual-schooling, and issues with oversight. The report shall
9include policy recommendations for virtual-schooling.
10    (c) A charter school shall be administered and governed by
11its board of directors or other governing body in the manner
12provided in its charter. The governing body of a charter school
13shall be subject to the Freedom of Information Act and the Open
14Meetings Act.
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 school
21personnel. "Non-curricular health and safety requirement" does
22not include any course of study or specialized instructional
23requirement for which the State Board has established goals and
24learning standards or which is designed primarily to impart
25knowledge and skills for students to master and apply as an
26outcome 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. On or before September
41, 2015, the State Board shall promulgate and post on its
5Internet website a list of non-curricular health and safety
6requirements that a charter school must meet. The list shall be
7updated annually no later than September 1. Any charter
8contract between a charter school and its authorizer must
9contain a provision that requires the charter school to follow
10the list of all non-curricular health and safety requirements
11promulgated by the State Board and any non-curricular health
12and safety requirements added by the State Board to such list
13during the term of the charter. Nothing in this subsection (d)
14precludes an authorizer from including non-curricular health
15and safety requirements in a charter school contract that are
16not contained 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

 

 

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1outside, independent contractor retained by the charter
2school. To ensure financial accountability for the use of
3public funds, on or before December 1 of every year of
4operation, each charter school shall submit to its authorizer
5and the State Board a copy of its audit and a copy of the Form
6990 the charter school filed that year with the federal
7Internal Revenue Service. In addition, if deemed necessary for
8proper financial oversight of the charter school, an authorizer
9may require quarterly financial statements from each charter
10school.
11    (g) A charter school shall comply with all provisions of
12this Article, the Illinois Educational Labor Relations Act, all
13federal and State laws and rules applicable to public schools
14that pertain to special education and the instruction of
15English learners, and its charter. A charter school is exempt
16from all other State laws and regulations in this Code
17governing public schools and local school board policies;
18however, a charter school is not exempt from the following:
19        (1) Sections 10-21.9 and 34-18.5 of this Code regarding
20    criminal history records checks and checks of the Statewide
21    Sex Offender Database and Statewide Murderer and Violent
22    Offender Against Youth Database of applicants for
23    employment;
24        (2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and
25    34-84a of this Code regarding discipline of students;
26        (3) the Local Governmental and Governmental Employees

 

 

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1    Tort Immunity Act;
2        (4) Section 108.75 of the General Not For Profit
3    Corporation Act of 1986 regarding indemnification of
4    officers, directors, employees, and agents;
5        (5) the Abused and Neglected Child Reporting Act;
6        (6) the Illinois School Student Records Act;
7        (7) Section 10-17a of this Code regarding school report
8    cards;
9        (8) the P-20 Longitudinal Education Data System Act;
10        (9) Section 27-23.7 of this Code regarding bullying
11    prevention; and
12        (10) Section 2-3.162 of this Code regarding student
13    discipline reporting; and
14        (11) Sections Section 22-80 and 27-8.1 of this Code.
15    The change made by Public Act 96-104 to this subsection (g)
16is declaratory of existing law.
17    (h) A charter school may negotiate and contract with a
18school district, the governing body of a State college or
19university or public community college, or any other public or
20for-profit or nonprofit private entity for: (i) the use of a
21school building and grounds or any other real property or
22facilities that the charter school desires to use or convert
23for use as a charter school site, (ii) the operation and
24maintenance thereof, and (iii) the provision of any service,
25activity, or undertaking that the charter school is required to
26perform in order to carry out the terms of its charter.

 

 

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1However, a charter school that is established on or after April
216, 2003 (the effective date of Public Act 93-3) this
3amendatory Act of the 93rd General Assembly and that operates
4in a city having a population exceeding 500,000 may not
5contract with a for-profit entity to manage or operate the
6school during the period that commences on April 16, 2003 (the
7effective date of Public Act 93-3) this amendatory Act of the
893rd General Assembly and concludes at the end of the 2004-2005
9school year. Except as provided in subsection (i) of this
10Section, a school district may charge a charter school
11reasonable rent for the use of the district's buildings,
12grounds, and facilities. Any services for which a charter
13school contracts with a school district shall be provided by
14the district at cost. Any services for which a charter school
15contracts with a local school board or with the governing body
16of a State college or university or public community college
17shall be provided by the public entity at cost.
18    (i) In no event shall a charter school that is established
19by converting an existing school or attendance center to
20charter school status be required to pay rent for space that is
21deemed available, as negotiated and provided in the charter
22agreement, in school district facilities. However, all other
23costs for the operation and maintenance of school district
24facilities that are used by the charter school shall be subject
25to negotiation between the charter school and the local school
26board and shall be set forth in the charter.

 

 

09900SB0565ham001- 29 -LRB099 03009 MLM 48880 a

1    (j) A charter school may limit student enrollment by age or
2grade level.
3    (k) If the charter school is approved by the Commission,
4then the Commission charter school is its own local education
5agency.
6(Source: P.A. 98-16, eff. 5-24-13; 98-639, eff. 6-9-14; 98-669,
7eff. 6-26-14; 98-739, eff. 7-16-14; 98-783, eff. 1-1-15;
898-1059, eff. 8-26-14; 98-1102, eff. 8-26-14; 99-30, eff.
97-10-15; 99-78, eff. 7-20-15; 99-245, eff. 8-3-15; 99-325, eff.
108-10-15; 99-456, eff. 9-15-16; revised 10-19-15.)
 
11    Section 95. No acceleration or delay. Where this Act makes
12changes in a statute that is represented in this Act by text
13that is not yet or no longer in effect (for example, a Section
14represented by multiple versions), the use of that text does
15not accelerate or delay the taking effect of (i) the changes
16made by this Act or (ii) provisions derived from any other
17Public Act.".