Illinois General Assembly - Full Text of SB1947
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Full Text of SB1947  100th General Assembly

SB1947sam001 100TH GENERAL ASSEMBLY

Sen. Jacqueline Y. Collins

Filed: 2/28/2017

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 1947

2    AMENDMENT NO. ______. Amend Senate Bill 1947 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The School Code is amended by changing Section
527A-5 and by adding Section 26-18 as follows:
 
6    (105 ILCS 5/26-18 new)
7    Sec. 26-18. Chronic absenteeism report and support.
8    (a) As used in this Section:
9    "Chronic absence" means absences that total 10% or more of
10school days of the most recent academic school year, including
11absences with and without valid cause, as defined in Section
1226-2a of this Code, and out-of-school suspensions for an
13enrolled student.
14    "Student" means any enrolled student that is subject to
15compulsory attendance under Section 26-1 of this Code but does
16not mean a student for whom a documented homebound or hospital

 

 

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1record is on file during the student's absence from school.
2    (b) The General Assembly finds that:
3        (1) The early years are a critical period in children's
4    learning and development. Every child should be counted
5    present every day. Every day of school matters.
6        (2) Being absent too many days from school can make it
7    difficult for students to stay on-track academically and
8    maintain the momentum to graduate from high school in order
9    to be college-or career-ready.
10        (3) Every day of school attendance matters for all
11    students and their families. It is crucial, therefore, that
12    the implications of chronic absence be understood and
13    reviewed regularly.
14    (c) Beginning July 1, 2018, every school district, charter
15school, or alternative school or any school receiving public
16funds shall collect and review its chronic absence data and
17determine what systems of support and resources are needed to
18engage chronically absent students and their families to
19encourage the habit of daily attendance and promote success.
20The review shall include an analysis of chronic absence data
21from each attendance center or campus of the school district,
22charter school, or alternative school or other school receiving
23public funds.
24    (d) School districts, charter schools, or alternative
25schools or any school receiving public funds are encouraged to
26provide a system of support to students who are at risk of

 

 

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1reaching or exceeding chronic absence levels with strategies
2such as those available through the Illinois Multi-tiered
3Systems of Support Network. Schools are encouraged to
4additionally make resources available to families such as those
5available through the State Board of Education's Family
6Engagement Framework to support and engage students and their
7families to encourage heightened school engagement and
8improved daily school attendance.
 
9    (105 ILCS 5/27A-5)
10    (Text of Section before amendment by P.A. 99-927)
11    Sec. 27A-5. Charter school; legal entity; requirements.
12    (a) A charter school shall be a public, nonsectarian,
13nonreligious, non-home based, and non-profit school. A charter
14school shall be organized and operated as a nonprofit
15corporation or other discrete, legal, nonprofit entity
16authorized under the laws of the State of Illinois.
17    (b) A charter school may be established under this Article
18by creating a new school or by converting an existing public
19school or attendance center to charter school status. Beginning
20on April 16, 2003 (the effective date of Public Act 93-3), in
21all new applications to establish a charter school in a city
22having a population exceeding 500,000, operation of the charter
23school shall be limited to one campus. The changes made to this
24Section by Public Act 93-3 do not apply to charter schools
25existing or approved on or before April 16, 2003 (the effective

 

 

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1date of Public Act 93-3).
2    (b-5) In this subsection (b-5), "virtual-schooling" means
3a cyber school where students engage in online curriculum and
4instruction via the Internet and electronic communication with
5their teachers at remote locations and with students
6participating at different times.
7    From April 1, 2013 through December 31, 2016, there is a
8moratorium on the establishment of charter schools with
9virtual-schooling components in school districts other than a
10school district organized under Article 34 of this Code. This
11moratorium does not apply to a charter school with
12virtual-schooling components existing or approved prior to
13April 1, 2013 or to the renewal of the charter of a charter
14school with virtual-schooling components already approved
15prior to April 1, 2013.
16    On or before March 1, 2014, the Commission shall submit to
17the General Assembly a report on the effect of
18virtual-schooling, including without limitation the effect on
19student performance, the costs associated with
20virtual-schooling, and issues with oversight. The report shall
21include policy recommendations for virtual-schooling.
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 school
25shall be subject to the Freedom of Information Act and the Open
26Meetings Act.

 

 

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1    (d) For purposes of this subsection (d), "non-curricular
2health and safety requirement" means any health and safety
3requirement created by statute or rule to provide, maintain,
4preserve, or safeguard safe or healthful conditions for
5students and school personnel or to eliminate, reduce, or
6prevent threats to the health and safety of students and school
7personnel. "Non-curricular health and safety requirement" does
8not include any course of study or specialized instructional
9requirement for which the State Board has established goals and
10learning standards or which is designed primarily to impart
11knowledge and skills for students to master and apply as an
12outcome of their education.
13    A charter school shall comply with all non-curricular
14health and safety requirements applicable to public schools
15under the laws of the State of Illinois. On or before September
161, 2015, the State Board shall promulgate and post on its
17Internet website a list of non-curricular health and safety
18requirements that a charter school must meet. The list shall be
19updated annually no later than September 1. Any charter
20contract between a charter school and its authorizer must
21contain a provision that requires the charter school to follow
22the list of all non-curricular health and safety requirements
23promulgated by the State Board and any non-curricular health
24and safety requirements added by the State Board to such list
25during the term of the charter. Nothing in this subsection (d)
26precludes an authorizer from including non-curricular health

 

 

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1and safety requirements in a charter school contract that are
2not contained in the list promulgated by the State Board,
3including non-curricular health and safety requirements of the
4authorizing local school board.
5    (e) Except as otherwise provided in the School Code, a
6charter school shall not charge tuition; provided that a
7charter school may charge reasonable fees for textbooks,
8instructional materials, and student activities.
9    (f) A charter school shall be responsible for the
10management and operation of its fiscal affairs including, but
11not limited to, the preparation of its budget. An audit of each
12charter school's finances shall be conducted annually by an
13outside, independent contractor retained by the charter
14school. To ensure financial accountability for the use of
15public funds, on or before December 1 of every year of
16operation, each charter school shall submit to its authorizer
17and the State Board a copy of its audit and a copy of the Form
18990 the charter school filed that year with the federal
19Internal Revenue Service. In addition, if deemed necessary for
20proper financial oversight of the charter school, an authorizer
21may require quarterly financial statements from each charter
22school.
23    (g) A charter school shall comply with all provisions of
24this Article, the Illinois Educational Labor Relations Act, all
25federal and State laws and rules applicable to public schools
26that pertain to special education and the instruction of

 

 

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1English learners, and its charter. A charter school is exempt
2from all other State laws and regulations in this Code
3governing public schools and local school board policies;
4however, a charter school is not exempt from the following:
5        (1) Sections 10-21.9 and 34-18.5 of this Code regarding
6    criminal history records checks and checks of the Statewide
7    Sex Offender Database and Statewide Murderer and Violent
8    Offender Against Youth Database of applicants for
9    employment;
10        (2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and
11    34-84a of this Code regarding discipline of students;
12        (3) the Local Governmental and Governmental Employees
13    Tort Immunity Act;
14        (4) Section 108.75 of the General Not For Profit
15    Corporation Act of 1986 regarding indemnification of
16    officers, directors, employees, and agents;
17        (5) the Abused and Neglected Child Reporting Act;
18        (6) the Illinois School Student Records Act;
19        (7) Section 10-17a of this Code regarding school report
20    cards;
21        (8) the P-20 Longitudinal Education Data System Act;
22        (9) Section 27-23.7 of this Code regarding bullying
23    prevention;
24        (10) Section 2-3.162 of this Code regarding student
25    discipline reporting; and
26        (11) Section 22-80 of this Code; and .

 

 

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1        (12) Section 26-18 of this Code.
2    The change made by Public Act 96-104 to this subsection (g)
3is declaratory of existing law.
4    (h) A charter school may negotiate and contract with a
5school district, the governing body of a State college or
6university or public community college, or any other public or
7for-profit or nonprofit private entity for: (i) the use of a
8school building and grounds or any other real property or
9facilities that the charter school desires to use or convert
10for use as a charter school site, (ii) the operation and
11maintenance thereof, and (iii) the provision of any service,
12activity, or undertaking that the charter school is required to
13perform in order to carry out the terms of its charter.
14However, a charter school that is established on or after April
1516, 2003 (the effective date of Public Act 93-3) and that
16operates in a city having a population exceeding 500,000 may
17not contract with a for-profit entity to manage or operate the
18school during the period that commences on April 16, 2003 (the
19effective date of Public Act 93-3) and concludes at the end of
20the 2004-2005 school year. Except as provided in subsection (i)
21of this Section, 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; 99-456, eff. 9-15-16; 99-642, eff. 7-28-16.)
 
22    (Text of Section after amendment by P.A. 99-927)
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

 

 

10000SB1947sam001- 10 -LRB100 09675 MLM 22642 a

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), in
8all new applications to establish a charter school in a city
9having a population exceeding 500,000, operation of the charter
10school shall be limited to one campus. The changes made to this
11Section by Public Act 93-3 do not apply to charter schools
12existing or approved on or before April 16, 2003 (the effective
13date of Public Act 93-3).
14    (b-5) In this subsection (b-5), "virtual-schooling" means
15a cyber school where students engage in online curriculum and
16instruction via the Internet and electronic communication with
17their teachers at remote locations and with students
18participating at different times.
19    From April 1, 2013 through December 31, 2016, there is a
20moratorium on the establishment of charter schools with
21virtual-schooling components in school districts other than a
22school district organized under Article 34 of this Code. This
23moratorium does not apply to a charter school with
24virtual-schooling components existing or approved prior to
25April 1, 2013 or to the renewal of the charter of a charter
26school with virtual-schooling components already approved

 

 

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1prior to April 1, 2013.
2    On or before March 1, 2014, the Commission shall submit to
3the General Assembly a report on the effect of
4virtual-schooling, including without limitation the effect on
5student performance, the costs associated with
6virtual-schooling, and issues with oversight. The report shall
7include policy recommendations for virtual-schooling.
8    (c) A charter school shall be administered and governed by
9its board of directors or other governing body in the manner
10provided in its charter. The governing body of a charter school
11shall be subject to the Freedom of Information Act and the Open
12Meetings Act.
13    (d) For purposes of this subsection (d), "non-curricular
14health and safety requirement" means any health and safety
15requirement created by statute or rule to provide, maintain,
16preserve, or safeguard safe or healthful conditions for
17students and school personnel or to eliminate, reduce, or
18prevent threats to the health and safety of students and school
19personnel. "Non-curricular health and safety requirement" does
20not include any course of study or specialized instructional
21requirement for which the State Board has established goals and
22learning standards or which is designed primarily to impart
23knowledge and skills for students to master and apply as an
24outcome of their education.
25    A charter school shall comply with all non-curricular
26health and safety requirements applicable to public schools

 

 

10000SB1947sam001- 12 -LRB100 09675 MLM 22642 a

1under the laws of the State of Illinois. On or before September
21, 2015, the State Board shall promulgate and post on its
3Internet website a list of non-curricular health and safety
4requirements that a charter school must meet. The list shall be
5updated annually no later than September 1. Any charter
6contract between a charter school and its authorizer must
7contain a provision that requires the charter school to follow
8the list of all non-curricular health and safety requirements
9promulgated by the State Board and any non-curricular health
10and safety requirements added by the State Board to such list
11during the term of the charter. Nothing in this subsection (d)
12precludes an authorizer from including non-curricular health
13and safety requirements in a charter school contract that are
14not contained in the list promulgated by the State Board,
15including non-curricular health and safety requirements of the
16authorizing local school board.
17    (e) Except as otherwise provided in the School Code, a
18charter school shall not charge tuition; provided that a
19charter school may charge reasonable fees for textbooks,
20instructional materials, and student activities.
21    (f) A charter school shall be responsible for the
22management and operation of its fiscal affairs including, but
23not limited to, the preparation of its budget. An audit of each
24charter school's finances shall be conducted annually by an
25outside, independent contractor retained by the charter
26school. To ensure financial accountability for the use of

 

 

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1public funds, on or before December 1 of every year of
2operation, each charter school shall submit to its authorizer
3and the State Board a copy of its audit and a copy of the Form
4990 the charter school filed that year with the federal
5Internal Revenue Service. In addition, if deemed necessary for
6proper financial oversight of the charter school, an authorizer
7may require quarterly financial statements from each charter
8school.
9    (g) A charter school shall comply with all provisions of
10this Article, the Illinois Educational Labor Relations Act, all
11federal and State laws and rules applicable to public schools
12that pertain to special education and the instruction of
13English learners, and its charter. A charter school is exempt
14from all other State laws and regulations in this Code
15governing public schools and local school board policies;
16however, a charter school is not exempt from the following:
17        (1) Sections 10-21.9 and 34-18.5 of this Code regarding
18    criminal history records checks and checks of the Statewide
19    Sex Offender Database and Statewide Murderer and Violent
20    Offender Against Youth Database of applicants for
21    employment;
22        (2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and
23    34-84a of this Code regarding discipline of students;
24        (3) the Local Governmental and Governmental Employees
25    Tort Immunity Act;
26        (4) Section 108.75 of the General Not For Profit

 

 

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1    Corporation Act of 1986 regarding indemnification of
2    officers, directors, employees, and agents;
3        (5) the Abused and Neglected Child Reporting Act;
4        (6) the Illinois School Student Records Act;
5        (7) Section 10-17a of this Code regarding school report
6    cards;
7        (8) the P-20 Longitudinal Education Data System Act;
8        (9) Section 27-23.7 of this Code regarding bullying
9    prevention;
10        (10) Section 2-3.162 of this Code regarding student
11    discipline reporting; and
12        (11) Sections 22-80 and 27-8.1 of this Code; and .
13        (12) Section 26-18 of this Code.
14    The change made by Public Act 96-104 to this subsection (g)
15is declaratory of existing law.
16    (h) A charter school may negotiate and contract with a
17school district, the governing body of a State college or
18university or public community college, or any other public or
19for-profit or nonprofit private entity for: (i) the use of a
20school building and grounds or any other real property or
21facilities that the charter school desires to use or convert
22for use as a charter school site, (ii) the operation and
23maintenance thereof, and (iii) the provision of any service,
24activity, or undertaking that the charter school is required to
25perform in order to carry out the terms of its charter.
26However, a charter school that is established on or after April

 

 

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116, 2003 (the effective date of Public Act 93-3) and that
2operates in a city having a population exceeding 500,000 may
3not contract with a for-profit entity to manage or operate the
4school during the period that commences on April 16, 2003 (the
5effective date of Public Act 93-3) and concludes at the end of
6the 2004-2005 school year. Except as provided in subsection (i)
7of this Section, a school district may charge a charter school
8reasonable rent for the use of the district's buildings,
9grounds, and facilities. Any services for which a charter
10school contracts with a school district shall be provided by
11the district at cost. Any services for which a charter school
12contracts with a local school board or with the governing body
13of a State college or university or public community college
14shall be provided by the 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 subject
22to negotiation between the charter school and the local school
23board and shall be set forth in the charter.
24    (j) A charter school may limit student enrollment by age or
25grade level.
26    (k) If the charter school is approved by the Commission,

 

 

10000SB1947sam001- 16 -LRB100 09675 MLM 22642 a

1then the Commission charter school is its own local education
2agency.
3(Source: P.A. 98-16, eff. 5-24-13; 98-639, eff. 6-9-14; 98-669,
4eff. 6-26-14; 98-739, eff. 7-16-14; 98-783, eff. 1-1-15;
598-1059, eff. 8-26-14; 98-1102, eff. 8-26-14; 99-30, eff.
67-10-15; 99-78, eff. 7-20-15; 99-245, eff. 8-3-15; 99-325, eff.
78-10-15; 99-456, eff. 9-15-16; 99-642, eff. 7-28-16; 99-927,
8eff. 6-1-17.)
 
9    Section 95. No acceleration or delay. Where this Act makes
10changes in a statute that is represented in this Act by text
11that is not yet or no longer in effect (for example, a Section
12represented by multiple versions), the use of that text does
13not accelerate or delay the taking effect of (i) the changes
14made by this Act or (ii) provisions derived from any other
15Public Act.
 
16    Section 999. Effective date. This Act takes effect July 1,
172018.".