SB2728 - 104th General Assembly
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| 1 | AN ACT concerning education. | ||||||||||||||||||||||||||||
| 2 | Be it enacted by the People of the State of Illinois, | ||||||||||||||||||||||||||||
| 3 | represented in the General Assembly: | ||||||||||||||||||||||||||||
| 4 | Section 1. Short title; references to Act. | ||||||||||||||||||||||||||||
| 5 | (a) This Act may be cited as the Mobile Panic Alert System | ||||||||||||||||||||||||||||
| 6 | Act. | ||||||||||||||||||||||||||||
| 7 | (b) This Act may be referred to as Alyssa's Law. | ||||||||||||||||||||||||||||
| 8 | Section 5. Mobile panic alert system. | ||||||||||||||||||||||||||||
| 9 | (a) Beginning with the 2026-2027 school year, each public | ||||||||||||||||||||||||||||
| 10 | school, including a charter school, shall implement a mobile | ||||||||||||||||||||||||||||
| 11 | panic alert system capable of connecting diverse emergency | ||||||||||||||||||||||||||||
| 12 | services technologies to ensure real-time coordination between | ||||||||||||||||||||||||||||
| 13 | multiple first responder agencies. Such system, to be known as | ||||||||||||||||||||||||||||
| 14 | "Alyssa's Alert", must integrate with local public safety | ||||||||||||||||||||||||||||
| 15 | answering point infrastructure to transmit 9-1-1 calls and | ||||||||||||||||||||||||||||
| 16 | mobile activations. | ||||||||||||||||||||||||||||
| 17 | (b) In addition to the requirements of subsection (a), a | ||||||||||||||||||||||||||||
| 18 | school district may implement additional strategies or systems | ||||||||||||||||||||||||||||
| 19 | to ensure real-time coordination between multiple first | ||||||||||||||||||||||||||||
| 20 | responder agencies in a school security emergency. | ||||||||||||||||||||||||||||
| 21 | (c) A school board is not required to procure or implement | ||||||||||||||||||||||||||||
| 22 | new or additional capabilities if, prior to July 1, 2026, the | ||||||||||||||||||||||||||||
| 23 | school board has already implemented a mobile panic alert | ||||||||||||||||||||||||||||
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| 1 | system with capabilities that meet the requirements of | ||||||
| 2 | subsection (a). | ||||||
| 3 | Section 10. Mobile panic alert system solicitation. | ||||||
| 4 | (a) For the 2026 fiscal year, the State Board of Education | ||||||
| 5 | shall issue a competitive solicitation to contract for a | ||||||
| 6 | mobile panic alert system that may be used by each school | ||||||
| 7 | district. The State Board shall consult with the Illinois | ||||||
| 8 | State Police and the Illinois Emergency Management Agency in | ||||||
| 9 | the development of the competitive solicitation for the mobile | ||||||
| 10 | panic alert system. | ||||||
| 11 | (b) Not later than December 1, 2026, the State Board of | ||||||
| 12 | Education shall conduct market research, in consultation with | ||||||
| 13 | the Illinois Emergency Management Agency, to identify whether | ||||||
| 14 | an existing competitively procured source of supply is | ||||||
| 15 | available for a system that satisfies the requirements of | ||||||
| 16 | subsection (a) of Section 5 from multiple vendors for use by | ||||||
| 17 | school districts. If no existing source of supply exists, then | ||||||
| 18 | the State Board shall issue a competitive solicitation for | ||||||
| 19 | such source of supply no later than January 1, 2027. | ||||||
| 20 | Section 15. Mobile Panic Alert System Grant Program. | ||||||
| 21 | (a) Subject to appropriation, the State Board of Education | ||||||
| 22 | shall establish and administer a Mobile Panic Alert System | ||||||
| 23 | Grant Program for the purpose of issuing grants to reimburse | ||||||
| 24 | school districts for the cost of the mobile panic alert | ||||||
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| 1 | systems described in subsection (a) of Section 5. Grants shall | ||||||
| 2 | be awarded from moneys appropriated for that purpose from the | ||||||
| 3 | Mobile Panic Alert System Grant Fund. | ||||||
| 4 | (b) The Mobile Panic Alert System Grant Fund is created as | ||||||
| 5 | a special fund in the State treasury. All money in the Mobile | ||||||
| 6 | Panic Alert System Grant Fund shall be used, subject to | ||||||
| 7 | appropriation, by the State Board of Education for the Mobile | ||||||
| 8 | Panic Alert System Grant Program. | ||||||
| 9 | Section 85. The State Finance Act is amended by adding | ||||||
| 10 | Section 5.1030 as follows: | ||||||
| 11 | (30 ILCS 105/5.1030 new) | ||||||
| 12 | Sec. 5.1030. The Mobile Panic Alert System Grant Fund. | ||||||
| 13 | Section 90. The School Code is amended by changing Section | ||||||
| 14 | 27A-5 as follows: | ||||||
| 15 | (105 ILCS 5/27A-5) | ||||||
| 16 | (Text of Section before amendment by P.A. 102-466) | ||||||
| 17 | Sec. 27A-5. Charter school; legal entity; requirements. | ||||||
| 18 | (a) A charter school shall be a public, nonsectarian, | ||||||
| 19 | nonreligious, non-home based, and non-profit school. A charter | ||||||
| 20 | school shall be organized and operated as a nonprofit | ||||||
| 21 | corporation or other discrete, legal, nonprofit entity | ||||||
| 22 | authorized under the laws of the State of Illinois. | ||||||
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| 1 | (b) A charter school may be established under this Article | ||||||
| 2 | by creating a new school or by converting an existing public | ||||||
| 3 | school or attendance center to charter school status. In all | ||||||
| 4 | new applications to establish a charter school in a city | ||||||
| 5 | having a population exceeding 500,000, operation of the | ||||||
| 6 | charter school shall be limited to one campus. This limitation | ||||||
| 7 | does not apply to charter schools existing or approved on or | ||||||
| 8 | before April 16, 2003. | ||||||
| 9 | (b-5) (Blank). | ||||||
| 10 | (c) A charter school shall be administered and governed by | ||||||
| 11 | its board of directors or other governing body in the manner | ||||||
| 12 | provided in its charter. The governing body of a charter | ||||||
| 13 | school shall be subject to the Freedom of Information Act and | ||||||
| 14 | the Open Meetings Act. A charter school's board of directors | ||||||
| 15 | or other governing body must include at least one parent or | ||||||
| 16 | guardian of a pupil currently enrolled in the charter school | ||||||
| 17 | who may be selected through the charter school or a charter | ||||||
| 18 | network election, appointment by the charter school's board of | ||||||
| 19 | directors or other governing body, or by the charter school's | ||||||
| 20 | Parent Teacher Organization or its equivalent. | ||||||
| 21 | (c-5) No later than January 1, 2021 or within the first | ||||||
| 22 | year of his or her first term, every voting member of a charter | ||||||
| 23 | school's board of directors or other governing body shall | ||||||
| 24 | complete a minimum of 4 hours of professional development | ||||||
| 25 | leadership training to ensure that each member has sufficient | ||||||
| 26 | familiarity with the board's or governing body's role and | ||||||
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| 1 | responsibilities, including financial oversight and | ||||||
| 2 | accountability of the school, evaluating the principal's and | ||||||
| 3 | school's performance, adherence to the Freedom of Information | ||||||
| 4 | Act and the Open Meetings Act, and compliance with education | ||||||
| 5 | and labor law. In each subsequent year of his or her term, a | ||||||
| 6 | voting member of a charter school's board of directors or | ||||||
| 7 | other governing body shall complete a minimum of 2 hours of | ||||||
| 8 | professional development training in these same areas. The | ||||||
| 9 | training under this subsection may be provided or certified by | ||||||
| 10 | a statewide charter school membership association or may be | ||||||
| 11 | provided or certified by other qualified providers approved by | ||||||
| 12 | the State Board. | ||||||
| 13 | (d) For purposes of this subsection (d), "non-curricular | ||||||
| 14 | health and safety requirement" means any health and safety | ||||||
| 15 | requirement created by statute or rule to provide, maintain, | ||||||
| 16 | preserve, or safeguard safe or healthful conditions for | ||||||
| 17 | students and school personnel or to eliminate, reduce, or | ||||||
| 18 | prevent threats to the health and safety of students and | ||||||
| 19 | school personnel. "Non-curricular health and safety | ||||||
| 20 | requirement" does not include any course of study or | ||||||
| 21 | specialized instructional requirement for which the State | ||||||
| 22 | Board has established goals and learning standards or which is | ||||||
| 23 | designed primarily to impart knowledge and skills for students | ||||||
| 24 | to master and apply as an outcome of their education. | ||||||
| 25 | A charter school shall comply with all non-curricular | ||||||
| 26 | health and safety requirements applicable to public schools | ||||||
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| 1 | under the laws of the State of Illinois. The State Board shall | ||||||
| 2 | promulgate and post on its Internet website a list of | ||||||
| 3 | non-curricular health and safety requirements that a charter | ||||||
| 4 | school must meet. The list shall be updated annually no later | ||||||
| 5 | than September 1. Any charter contract between a charter | ||||||
| 6 | school and its authorizer must contain a provision that | ||||||
| 7 | requires the charter school to follow the list of all | ||||||
| 8 | non-curricular health and safety requirements promulgated by | ||||||
| 9 | the State Board and any non-curricular health and safety | ||||||
| 10 | requirements added by the State Board to such list during the | ||||||
| 11 | term of the charter. Nothing in this subsection (d) precludes | ||||||
| 12 | an authorizer from including non-curricular health and safety | ||||||
| 13 | requirements in a charter school contract that are not | ||||||
| 14 | contained in the list promulgated by the State Board, | ||||||
| 15 | including non-curricular health and safety requirements of the | ||||||
| 16 | authorizing local school board. | ||||||
| 17 | (e) Except as otherwise provided in the School Code, a | ||||||
| 18 | charter school shall not charge tuition; provided that a | ||||||
| 19 | charter school may charge reasonable fees for textbooks, | ||||||
| 20 | instructional materials, and student activities. | ||||||
| 21 | (f) A charter school shall be responsible for the | ||||||
| 22 | management and operation of its fiscal affairs, including, but | ||||||
| 23 | not limited to, the preparation of its budget. An audit of each | ||||||
| 24 | charter school's finances shall be conducted annually by an | ||||||
| 25 | outside, independent contractor retained by the charter | ||||||
| 26 | school. The contractor shall not be an employee of the charter | ||||||
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| 1 | school or affiliated with the charter school or its authorizer | ||||||
| 2 | in any way, other than to audit the charter school's finances. | ||||||
| 3 | To ensure financial accountability for the use of public | ||||||
| 4 | funds, on or before December 1 of every year of operation, each | ||||||
| 5 | charter school shall submit to its authorizer and the State | ||||||
| 6 | Board a copy of its audit and a copy of the Form 990 the | ||||||
| 7 | charter school filed that year with the federal Internal | ||||||
| 8 | Revenue Service. In addition, if deemed necessary for proper | ||||||
| 9 | financial oversight of the charter school, an authorizer may | ||||||
| 10 | require quarterly financial statements from each charter | ||||||
| 11 | school. | ||||||
| 12 | (g) A charter school shall comply with all provisions of | ||||||
| 13 | this Article, the Illinois Educational Labor Relations Act, | ||||||
| 14 | all federal and State laws and rules applicable to public | ||||||
| 15 | schools that pertain to special education and the instruction | ||||||
| 16 | of English learners, and its charter. A charter school is | ||||||
| 17 | exempt from all other State laws and regulations in this Code | ||||||
| 18 | governing public schools and local school board policies; | ||||||
| 19 | however, a charter school is not exempt from the following: | ||||||
| 20 | (1) Sections 10-21.9 and 34-18.5 of this Code | ||||||
| 21 | regarding criminal history records checks and checks of | ||||||
| 22 | the Statewide Sex Offender Database and Statewide Murderer | ||||||
| 23 | and Violent Offender Against Youth Database of applicants | ||||||
| 24 | for employment; | ||||||
| 25 | (2) Sections 10-20.14, 10-22.6, 22-100, 24-24, 34-19, | ||||||
| 26 | and 34-84a of this Code regarding discipline of students; | ||||||
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| 1 | (3) the Local Governmental and Governmental Employees | ||||||
| 2 | Tort Immunity Act; | ||||||
| 3 | (4) Section 108.75 of the General Not For Profit | ||||||
| 4 | Corporation Act of 1986 regarding indemnification of | ||||||
| 5 | officers, directors, employees, and agents; | ||||||
| 6 | (5) the Abused and Neglected Child Reporting Act; | ||||||
| 7 | (5.5) subsection (b) of Section 10-23.12 and | ||||||
| 8 | subsection (b) of Section 34-18.6 of this Code; | ||||||
| 9 | (6) the Illinois School Student Records Act; | ||||||
| 10 | (7) Section 10-17a of this Code regarding school | ||||||
| 11 | report cards; | ||||||
| 12 | (8) the P-20 Longitudinal Education Data System Act; | ||||||
| 13 | (9) Section 27-23.7 of this Code regarding bullying | ||||||
| 14 | prevention; | ||||||
| 15 | (10) Section 2-3.162 of this Code regarding student | ||||||
| 16 | discipline reporting; | ||||||
| 17 | (11) Sections 22-80 and 27-8.1 of this Code; | ||||||
| 18 | (12) Sections 10-20.60 and 34-18.53 of this Code; | ||||||
| 19 | (13) Sections 10-20.63 and 34-18.56 of this Code; | ||||||
| 20 | (14) Sections 22-90 and 26-18 of this Code; | ||||||
| 21 | (15) Section 22-30 of this Code; | ||||||
| 22 | (16) Sections 24-12 and 34-85 of this Code; | ||||||
| 23 | (17) the Seizure Smart School Act; | ||||||
| 24 | (18) Section 2-3.64a-10 of this Code; | ||||||
| 25 | (19) Sections 10-20.73 and 34-21.9 of this Code; | ||||||
| 26 | (20) Section 10-22.25b of this Code; | ||||||
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| 1 | (21) Section 27-9.1a of this Code; | ||||||
| 2 | (22) Section 27-9.1b of this Code; | ||||||
| 3 | (23) Section 34-18.8 of this Code; | ||||||
| 4 | (25) Section 2-3.188 of this Code; | ||||||
| 5 | (26) Section 22-85.5 of this Code; | ||||||
| 6 | (27) subsections (d-10), (d-15), and (d-20) of Section | ||||||
| 7 | 10-20.56 of this Code; | ||||||
| 8 | (28) Sections 10-20.83 and 34-18.78 of this Code; | ||||||
| 9 | (29) Section 10-20.13 of this Code; | ||||||
| 10 | (30) Section 28-19.2 of this Code; | ||||||
| 11 | (31) Section 34-21.6 of this Code; | ||||||
| 12 | (32) Section 22-85.10 of this Code; | ||||||
| 13 | (33) Section 2-3.196 of this Code; | ||||||
| 14 | (34) Section 22-95 of this Code; | ||||||
| 15 | (35) Section 34-18.62 of this Code; | ||||||
| 16 | (36) the Illinois Human Rights Act; and | ||||||
| 17 | (37) Section 2-3.204 of this Code; and . | ||||||
| 18 | (38) the Mobile Panic Alert System Act. | ||||||
| 19 | The change made by Public Act 96-104 to this subsection | ||||||
| 20 | (g) is declaratory of existing law. | ||||||
| 21 | (h) A charter school may negotiate and contract with a | ||||||
| 22 | school district, the governing body of a State college or | ||||||
| 23 | university or public community college, or any other public or | ||||||
| 24 | for-profit or nonprofit private entity for: (i) the use of a | ||||||
| 25 | school building and grounds or any other real property or | ||||||
| 26 | facilities that the charter school desires to use or convert | ||||||
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| 1 | for use as a charter school site, (ii) the operation and | ||||||
| 2 | maintenance thereof, and (iii) the provision of any service, | ||||||
| 3 | activity, or undertaking that the charter school is required | ||||||
| 4 | to perform in order to carry out the terms of its charter. | ||||||
| 5 | Except as provided in subsection (i) of this Section, a school | ||||||
| 6 | district may charge a charter school reasonable rent for the | ||||||
| 7 | use of the district's buildings, grounds, and facilities. Any | ||||||
| 8 | services for which a charter school contracts with a school | ||||||
| 9 | district shall be provided by the district at cost. Any | ||||||
| 10 | services for which a charter school contracts with a local | ||||||
| 11 | school board or with the governing body of a State college or | ||||||
| 12 | university or public community college shall be provided by | ||||||
| 13 | the public entity at cost. | ||||||
| 14 | (i) In no event shall a charter school that is established | ||||||
| 15 | by converting an existing school or attendance center to | ||||||
| 16 | charter school status be required to pay rent for space that is | ||||||
| 17 | deemed available, as negotiated and provided in the charter | ||||||
| 18 | agreement, in school district facilities. However, all other | ||||||
| 19 | costs for the operation and maintenance of school district | ||||||
| 20 | facilities that are used by the charter school shall be | ||||||
| 21 | subject to negotiation between the charter school and the | ||||||
| 22 | local school board and shall be set forth in the charter. | ||||||
| 23 | (j) A charter school may limit student enrollment by age | ||||||
| 24 | or grade level. | ||||||
| 25 | (k) If the charter school is authorized by the State | ||||||
| 26 | Board, then the charter school is its own local education | ||||||
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| 1 | agency. | ||||||
| 2 | (Source: P.A. 102-51, eff. 7-9-21; 102-157, eff. 7-1-22; | ||||||
| 3 | 102-360, eff. 1-1-22; 102-445, eff. 8-20-21; 102-522, eff. | ||||||
| 4 | 8-20-21; 102-558, eff. 8-20-21; 102-676, eff. 12-3-21; | ||||||
| 5 | 102-697, eff. 4-5-22; 102-702, eff. 7-1-23; 102-805, eff. | ||||||
| 6 | 1-1-23; 102-813, eff. 5-13-22; 103-154, eff. 6-30-23; 103-175, | ||||||
| 7 | eff. 6-30-23; 103-472, eff. 8-1-24; 103-605, eff. 7-1-24; | ||||||
| 8 | 103-641, eff. 7-1-24; 103-806, eff. 1-1-25; revised 10-9-24.) | ||||||
| 9 | (Text of Section after amendment by P.A. 102-466) | ||||||
| 10 | Sec. 27A-5. Charter school; legal entity; requirements. | ||||||
| 11 | (a) A charter school shall be a public, nonsectarian, | ||||||
| 12 | nonreligious, non-home based, and non-profit school. A charter | ||||||
| 13 | school shall be organized and operated as a nonprofit | ||||||
| 14 | corporation or other discrete, legal, nonprofit entity | ||||||
| 15 | authorized under the laws of the State of Illinois. | ||||||
| 16 | (b) A charter school may be established under this Article | ||||||
| 17 | by creating a new school or by converting an existing public | ||||||
| 18 | school or attendance center to charter school status. In all | ||||||
| 19 | new applications to establish a charter school in a city | ||||||
| 20 | having a population exceeding 500,000, operation of the | ||||||
| 21 | charter school shall be limited to one campus. This limitation | ||||||
| 22 | does not apply to charter schools existing or approved on or | ||||||
| 23 | before April 16, 2003. | ||||||
| 24 | (b-5) (Blank). | ||||||
| 25 | (c) A charter school shall be administered and governed by | ||||||
| |||||||
| |||||||
| 1 | its board of directors or other governing body in the manner | ||||||
| 2 | provided in its charter. The governing body of a charter | ||||||
| 3 | school shall be subject to the Freedom of Information Act and | ||||||
| 4 | the Open Meetings Act. A charter school's board of directors | ||||||
| 5 | or other governing body must include at least one parent or | ||||||
| 6 | guardian of a pupil currently enrolled in the charter school | ||||||
| 7 | who may be selected through the charter school or a charter | ||||||
| 8 | network election, appointment by the charter school's board of | ||||||
| 9 | directors or other governing body, or by the charter school's | ||||||
| 10 | Parent Teacher Organization or its equivalent. | ||||||
| 11 | (c-5) No later than January 1, 2021 or within the first | ||||||
| 12 | year of his or her first term, every voting member of a charter | ||||||
| 13 | school's board of directors or other governing body shall | ||||||
| 14 | complete a minimum of 4 hours of professional development | ||||||
| 15 | leadership training to ensure that each member has sufficient | ||||||
| 16 | familiarity with the board's or governing body's role and | ||||||
| 17 | responsibilities, including financial oversight and | ||||||
| 18 | accountability of the school, evaluating the principal's and | ||||||
| 19 | school's performance, adherence to the Freedom of Information | ||||||
| 20 | Act and the Open Meetings Act, and compliance with education | ||||||
| 21 | and labor law. In each subsequent year of his or her term, a | ||||||
| 22 | voting member of a charter school's board of directors or | ||||||
| 23 | other governing body shall complete a minimum of 2 hours of | ||||||
| 24 | professional development training in these same areas. The | ||||||
| 25 | training under this subsection may be provided or certified by | ||||||
| 26 | a statewide charter school membership association or may be | ||||||
| |||||||
| |||||||
| 1 | provided or certified by other qualified providers approved by | ||||||
| 2 | the State Board. | ||||||
| 3 | (d) For purposes of this subsection (d), "non-curricular | ||||||
| 4 | health and safety requirement" means any health and safety | ||||||
| 5 | requirement created by statute or rule to provide, maintain, | ||||||
| 6 | preserve, or safeguard safe or healthful conditions for | ||||||
| 7 | students and school personnel or to eliminate, reduce, or | ||||||
| 8 | prevent threats to the health and safety of students and | ||||||
| 9 | school personnel. "Non-curricular health and safety | ||||||
| 10 | requirement" does not include any course of study or | ||||||
| 11 | specialized instructional requirement for which the State | ||||||
| 12 | Board has established goals and learning standards or which is | ||||||
| 13 | designed primarily to impart knowledge and skills for students | ||||||
| 14 | to master and apply as an outcome of their education. | ||||||
| 15 | A charter school shall comply with all non-curricular | ||||||
| 16 | health and safety requirements applicable to public schools | ||||||
| 17 | under the laws of the State of Illinois. The State Board shall | ||||||
| 18 | promulgate and post on its Internet website a list of | ||||||
| 19 | non-curricular health and safety requirements that a charter | ||||||
| 20 | school must meet. The list shall be updated annually no later | ||||||
| 21 | than September 1. Any charter contract between a charter | ||||||
| 22 | school and its authorizer must contain a provision that | ||||||
| 23 | requires the charter school to follow the list of all | ||||||
| 24 | non-curricular health and safety requirements promulgated by | ||||||
| 25 | the State Board and any non-curricular health and safety | ||||||
| 26 | requirements added by the State Board to such list during the | ||||||
| |||||||
| |||||||
| 1 | term of the charter. Nothing in this subsection (d) precludes | ||||||
| 2 | an authorizer from including non-curricular health and safety | ||||||
| 3 | requirements in a charter school contract that are not | ||||||
| 4 | contained in the list promulgated by the State Board, | ||||||
| 5 | including non-curricular health and safety requirements of the | ||||||
| 6 | authorizing local school board. | ||||||
| 7 | (e) Except as otherwise provided in the School Code, a | ||||||
| 8 | charter school shall not charge tuition; provided that a | ||||||
| 9 | charter school may charge reasonable fees for textbooks, | ||||||
| 10 | instructional materials, and student activities. | ||||||
| 11 | (f) A charter school shall be responsible for the | ||||||
| 12 | management and operation of its fiscal affairs, including, but | ||||||
| 13 | not limited to, the preparation of its budget. An audit of each | ||||||
| 14 | charter school's finances shall be conducted annually by an | ||||||
| 15 | outside, independent contractor retained by the charter | ||||||
| 16 | school. The contractor shall not be an employee of the charter | ||||||
| 17 | school or affiliated with the charter school or its authorizer | ||||||
| 18 | in any way, other than to audit the charter school's finances. | ||||||
| 19 | To ensure financial accountability for the use of public | ||||||
| 20 | funds, on or before December 1 of every year of operation, each | ||||||
| 21 | charter school shall submit to its authorizer and the State | ||||||
| 22 | Board a copy of its audit and a copy of the Form 990 the | ||||||
| 23 | charter school filed that year with the federal Internal | ||||||
| 24 | Revenue Service. In addition, if deemed necessary for proper | ||||||
| 25 | financial oversight of the charter school, an authorizer may | ||||||
| 26 | require quarterly financial statements from each charter | ||||||
| |||||||
| |||||||
| 1 | school. | ||||||
| 2 | (g) A charter school shall comply with all provisions of | ||||||
| 3 | this Article, the Illinois Educational Labor Relations Act, | ||||||
| 4 | all federal and State laws and rules applicable to public | ||||||
| 5 | schools that pertain to special education and the instruction | ||||||
| 6 | of English learners, and its charter. A charter school is | ||||||
| 7 | exempt from all other State laws and regulations in this Code | ||||||
| 8 | governing public schools and local school board policies; | ||||||
| 9 | however, a charter school is not exempt from the following: | ||||||
| 10 | (1) Sections 10-21.9 and 34-18.5 of this Code | ||||||
| 11 | regarding criminal history records checks and checks of | ||||||
| 12 | the Statewide Sex Offender Database and Statewide Murderer | ||||||
| 13 | and Violent Offender Against Youth Database of applicants | ||||||
| 14 | for employment; | ||||||
| 15 | (2) Sections 10-20.14, 10-22.6, 22-100, 24-24, 34-19, | ||||||
| 16 | and 34-84a of this Code regarding discipline of students; | ||||||
| 17 | (3) the Local Governmental and Governmental Employees | ||||||
| 18 | Tort Immunity Act; | ||||||
| 19 | (4) Section 108.75 of the General Not For Profit | ||||||
| 20 | Corporation Act of 1986 regarding indemnification of | ||||||
| 21 | officers, directors, employees, and agents; | ||||||
| 22 | (5) the Abused and Neglected Child Reporting Act; | ||||||
| 23 | (5.5) subsection (b) of Section 10-23.12 and | ||||||
| 24 | subsection (b) of Section 34-18.6 of this Code; | ||||||
| 25 | (6) the Illinois School Student Records Act; | ||||||
| 26 | (7) Section 10-17a of this Code regarding school | ||||||
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| |||||||
| 1 | report cards; | ||||||
| 2 | (8) the P-20 Longitudinal Education Data System Act; | ||||||
| 3 | (9) Section 27-23.7 of this Code regarding bullying | ||||||
| 4 | prevention; | ||||||
| 5 | (10) Section 2-3.162 of this Code regarding student | ||||||
| 6 | discipline reporting; | ||||||
| 7 | (11) Sections 22-80 and 27-8.1 of this Code; | ||||||
| 8 | (12) Sections 10-20.60 and 34-18.53 of this Code; | ||||||
| 9 | (13) Sections 10-20.63 and 34-18.56 of this Code; | ||||||
| 10 | (14) Sections 22-90 and 26-18 of this Code; | ||||||
| 11 | (15) Section 22-30 of this Code; | ||||||
| 12 | (16) Sections 24-12 and 34-85 of this Code; | ||||||
| 13 | (17) the Seizure Smart School Act; | ||||||
| 14 | (18) Section 2-3.64a-10 of this Code; | ||||||
| 15 | (19) Sections 10-20.73 and 34-21.9 of this Code; | ||||||
| 16 | (20) Section 10-22.25b of this Code; | ||||||
| 17 | (21) Section 27-9.1a of this Code; | ||||||
| 18 | (22) Section 27-9.1b of this Code; | ||||||
| 19 | (23) Section 34-18.8 of this Code; | ||||||
| 20 | (24) Article 26A of this Code; | ||||||
| 21 | (25) Section 2-3.188 of this Code; | ||||||
| 22 | (26) Section 22-85.5 of this Code; | ||||||
| 23 | (27) subsections (d-10), (d-15), and (d-20) of Section | ||||||
| 24 | 10-20.56 of this Code; | ||||||
| 25 | (28) Sections 10-20.83 and 34-18.78 of this Code; | ||||||
| 26 | (29) Section 10-20.13 of this Code; | ||||||
| |||||||
| |||||||
| 1 | (30) Section 28-19.2 of this Code; | ||||||
| 2 | (31) Section 34-21.6 of this Code; | ||||||
| 3 | (32) Section 22-85.10 of this Code; | ||||||
| 4 | (33) Section 2-3.196 of this Code; | ||||||
| 5 | (34) Section 22-95 of this Code; | ||||||
| 6 | (35) Section 34-18.62 of this Code; | ||||||
| 7 | (36) the Illinois Human Rights Act; and | ||||||
| 8 | (37) Section 2-3.204 of this Code; and . | ||||||
| 9 | (38) the Mobile Panic Alert System Act. | ||||||
| 10 | The change made by Public Act 96-104 to this subsection | ||||||
| 11 | (g) is declaratory of existing law. | ||||||
| 12 | (h) A charter school may negotiate and contract with a | ||||||
| 13 | school district, the governing body of a State college or | ||||||
| 14 | university or public community college, or any other public or | ||||||
| 15 | for-profit or nonprofit private entity for: (i) the use of a | ||||||
| 16 | school building and grounds or any other real property or | ||||||
| 17 | facilities that the charter school desires to use or convert | ||||||
| 18 | for use as a charter school site, (ii) the operation and | ||||||
| 19 | maintenance thereof, and (iii) the provision of any service, | ||||||
| 20 | activity, or undertaking that the charter school is required | ||||||
| 21 | to perform in order to carry out the terms of its charter. | ||||||
| 22 | Except as provided in subsection (i) of this Section, a school | ||||||
| 23 | district may charge a charter school reasonable rent for the | ||||||
| 24 | use of the district's buildings, grounds, and facilities. Any | ||||||
| 25 | services for which a charter school contracts with a school | ||||||
| 26 | district shall be provided by the district at cost. Any | ||||||
| |||||||
| |||||||
| 1 | services for which a charter school contracts with a local | ||||||
| 2 | school board or with the governing body of a State college or | ||||||
| 3 | university or public community college shall be provided by | ||||||
| 4 | the public entity at cost. | ||||||
| 5 | (i) In no event shall a charter school that is established | ||||||
| 6 | by converting an existing school or attendance center to | ||||||
| 7 | charter school status be required to pay rent for space that is | ||||||
| 8 | deemed available, as negotiated and provided in the charter | ||||||
| 9 | agreement, in school district facilities. However, all other | ||||||
| 10 | costs for the operation and maintenance of school district | ||||||
| 11 | facilities that are used by the charter school shall be | ||||||
| 12 | subject to negotiation between the charter school and the | ||||||
| 13 | local school board and shall be set forth in the charter. | ||||||
| 14 | (j) A charter school may limit student enrollment by age | ||||||
| 15 | or grade level. | ||||||
| 16 | (k) If the charter school is authorized by the State | ||||||
| 17 | Board, then the charter school is its own local education | ||||||
| 18 | agency. | ||||||
| 19 | (Source: P.A. 102-51, eff. 7-9-21; 102-157, eff. 7-1-22; | ||||||
| 20 | 102-360, eff. 1-1-22; 102-445, eff. 8-20-21; 102-466, eff. | ||||||
| 21 | 7-1-25; 102-522, eff. 8-20-21; 102-558, eff. 8-20-21; 102-676, | ||||||
| 22 | eff. 12-3-21; 102-697, eff. 4-5-22; 102-702, eff. 7-1-23; | ||||||
| 23 | 102-805, eff. 1-1-23; 102-813, eff. 5-13-22; 103-154, eff. | ||||||
| 24 | 6-30-23; 103-175, eff. 6-30-23; 103-472, eff. 8-1-24; 103-605, | ||||||
| 25 | eff. 7-1-24; 103-641, eff. 7-1-24; 103-806, eff. 1-1-25; | ||||||
| 26 | revised 11-26-24.) | ||||||
| |||||||
| |||||||
| 1 | Section 95. No acceleration or delay. Where this Act makes | ||||||
| 2 | changes in a statute that is represented in this Act by text | ||||||
| 3 | that is not yet or no longer in effect (for example, a Section | ||||||
| 4 | represented by multiple versions), the use of that text does | ||||||
| 5 | not accelerate or delay the taking effect of (i) the changes | ||||||
| 6 | made by this Act or (ii) provisions derived from any other | ||||||
| 7 | Public Act. | ||||||
| 8 | Section 99. Effective date. This Act takes effect January | ||||||
| 9 | 1, 2026. | ||||||
