|
"School building" means any facility (i) that is owned or |
leased by a school district or over which the school board has |
care, custody, and control and (ii) in which there is a public |
school serving students in grades 6 through 12. |
(c) A school district shall make feminine hygiene products |
available, at no cost to students, in the bathrooms of school |
buildings.
|
(105 ILCS 5/27A-5)
|
(Text of Section before amendment by P.A. 99-927)
|
Sec. 27A-5. Charter school; legal entity; requirements.
|
(a) A charter school shall be a public, nonsectarian, |
nonreligious, non-home
based, and non-profit school. A charter |
school shall be organized and operated
as a nonprofit |
corporation or other discrete, legal, nonprofit entity
|
authorized under the laws of the State of Illinois.
|
(b) A charter school may be established under this Article |
by creating a new
school or by converting an existing public |
school or attendance center to
charter
school status.
Beginning |
on April 16, 2003 (the effective date of Public Act 93-3), in |
all new
applications to establish
a charter
school in a city |
having a population exceeding 500,000, operation of the
charter
|
school shall be limited to one campus. The changes made to this |
Section by Public Act 93-3 do not apply to charter schools |
existing or approved on or before April 16, 2003 (the
effective |
date of Public Act 93-3). |
|
(b-5) In this subsection (b-5), "virtual-schooling" means |
a cyber school where students engage in online curriculum and |
instruction via the Internet and electronic communication with |
their teachers at remote locations and with students |
participating at different times. |
From April 1, 2013 through December 31, 2016, there is a |
moratorium on the establishment of charter schools with |
virtual-schooling components in school districts other than a |
school district organized under Article 34 of this Code. This |
moratorium does not apply to a charter school with |
virtual-schooling components existing or approved prior to |
April 1, 2013 or to the renewal of the charter of a charter |
school with virtual-schooling components already approved |
prior to April 1, 2013. |
On or before March 1, 2014, the Commission shall submit to |
the General Assembly a report on the effect of |
virtual-schooling, including without limitation the effect on |
student performance, the costs associated with |
virtual-schooling, and issues with oversight. The report shall |
include policy recommendations for virtual-schooling.
|
(c) A charter school shall be administered and governed by |
its board of
directors or other governing body
in the manner |
provided in its charter. The governing body of a charter school
|
shall be subject to the Freedom of Information Act and the Open |
Meetings Act.
|
(d) For purposes of this subsection (d), "non-curricular |
|
health and safety requirement" means any health and safety |
requirement created by statute or rule to provide, maintain, |
preserve, or safeguard safe or healthful conditions for |
students and school personnel or to eliminate, reduce, or |
prevent threats to the health and safety of students and school |
personnel. "Non-curricular health and safety requirement" does |
not include any course of study or specialized instructional |
requirement for which the State Board has established goals and |
learning standards or which is designed primarily to impart |
knowledge and skills for students to master and apply as an |
outcome of their education. |
A charter school shall comply with all non-curricular |
health and safety
requirements applicable to public schools |
under the laws of the State of
Illinois. On or before September |
1, 2015, the State Board shall promulgate and post on its |
Internet website a list of non-curricular health and safety |
requirements that a charter school must meet. The list shall be |
updated annually no later than September 1. Any charter |
contract between a charter school and its authorizer must |
contain a provision that requires the charter school to follow |
the list of all non-curricular health and safety requirements |
promulgated by the State Board and any non-curricular health |
and safety requirements added by the State Board to such list |
during the term of the charter. Nothing in this subsection (d) |
precludes an authorizer from including non-curricular health |
and safety requirements in a charter school contract that are |
|
not contained in the list promulgated by the State Board, |
including non-curricular health and safety requirements of the |
authorizing local school board.
|
(e) Except as otherwise provided in the School Code, a |
charter school shall
not charge tuition; provided that a |
charter school may charge reasonable fees
for textbooks, |
instructional materials, and student activities.
|
(f) A charter school shall be responsible for the |
management and operation
of its fiscal affairs including,
but |
not limited to, the preparation of its budget. An audit of each |
charter
school's finances shall be conducted annually by an |
outside, independent
contractor retained by the charter |
school. To ensure financial accountability for the use of |
public funds, on or before December 1 of every year of |
operation, each charter school shall submit to its authorizer |
and the State Board a copy of its audit and a copy of the Form |
990 the charter school filed that year with the federal |
Internal Revenue Service. In addition, if deemed necessary for |
proper financial oversight of the charter school, an authorizer |
may require quarterly financial statements from each charter |
school.
|
(g) A charter school shall comply with all provisions of |
this Article, the Illinois Educational Labor Relations Act, all |
federal and State laws and rules applicable to public schools |
that pertain to special education and the instruction of |
English learners, and
its charter. A charter
school is exempt |
|
from all other State laws and regulations in this Code
|
governing public
schools and local school board policies; |
however, a charter school is not exempt from the following:
|
(1) Sections 10-21.9 and 34-18.5 of this Code regarding |
criminal
history records checks and checks of the Statewide |
Sex Offender Database and Statewide Murderer and Violent |
Offender Against Youth Database of applicants for |
employment;
|
(2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and |
34-84a of this Code regarding discipline of
students;
|
(3) the Local Governmental and Governmental Employees |
Tort Immunity Act;
|
(4) Section 108.75 of the General Not For Profit |
Corporation Act of 1986
regarding indemnification of |
officers, directors, employees, and agents;
|
(5) the Abused and Neglected Child Reporting Act;
|
(6) the Illinois School Student Records Act;
|
(7) Section 10-17a of this Code regarding school report |
cards;
|
(8) the P-20 Longitudinal Education Data System Act; |
(9) Section 27-23.7 of this Code regarding bullying |
prevention; |
(10) Section 2-3.162 of this Code regarding student |
discipline reporting; and |
(11) Section 22-80 of this Code; and . |
(12) Sections 10-20.60 and 34-18.53 of this Code. |
|
The change made by Public Act 96-104 to this subsection (g) |
is declaratory of existing law. |
(h) A charter school may negotiate and contract with a |
school district, the
governing body of a State college or |
university or public community college, or
any other public or |
for-profit or nonprofit private entity for: (i) the use
of a |
school building and grounds or any other real property or |
facilities that
the charter school desires to use or convert |
for use as a charter school site,
(ii) the operation and |
maintenance thereof, and
(iii) the provision of any service, |
activity, or undertaking that the charter
school is required to |
perform in order to carry out the terms of its charter.
|
However, a charter school
that is established on
or
after April |
16, 2003 (the effective date of Public Act 93-3) and that |
operates
in a city having a population exceeding
500,000 may |
not contract with a for-profit entity to
manage or operate the |
school during the period that commences on April 16, 2003 (the
|
effective date of Public Act 93-3) and
concludes at the end of |
the 2004-2005 school year.
Except as provided in subsection (i) |
of this Section, a school district may
charge a charter school |
reasonable rent for the use of the district's
buildings, |
grounds, and facilities. Any services for which a charter |
school
contracts
with a school district shall be provided by |
the district at cost. Any services
for which a charter school |
contracts with a local school board or with the
governing body |
of a State college or university or public community college
|
|
shall be provided by the public entity at cost.
|
(i) In no event shall a charter school that is established |
by converting an
existing school or attendance center to |
charter school status be required to
pay rent for space
that is |
deemed available, as negotiated and provided in the charter |
agreement,
in school district
facilities. However, all other |
costs for the operation and maintenance of
school district |
facilities that are used by the charter school shall be subject
|
to negotiation between
the charter school and the local school |
board and shall be set forth in the
charter.
|
(j) A charter school may limit student enrollment by age or |
grade level.
|
(k) If the charter school is approved by the Commission, |
then the Commission charter school is its own local education |
agency. |
(Source: P.A. 98-16, eff. 5-24-13; 98-639, eff. 6-9-14; 98-669, |
eff. 6-26-14; 98-739, eff. 7-16-14; 98-783, eff. 1-1-15; |
98-1059, eff. 8-26-14; 98-1102, eff. 8-26-14; 99-30, eff. |
7-10-15; 99-78, eff. 7-20-15; 99-245, eff. 8-3-15; 99-325, eff. |
8-10-15; 99-456, eff. 9-15-16; 99-642, eff. 7-28-16.)
|
(Text of Section after amendment by P.A. 99-927)
|
Sec. 27A-5. Charter school; legal entity; requirements.
|
(a) A charter school shall be a public, nonsectarian, |
nonreligious, non-home
based, and non-profit school. A charter |
school shall be organized and operated
as a nonprofit |
|
corporation or other discrete, legal, nonprofit entity
|
authorized under the laws of the State of Illinois.
|
(b) A charter school may be established under this Article |
by creating a new
school or by converting an existing public |
school or attendance center to
charter
school status.
Beginning |
on April 16, 2003 (the effective date of Public Act 93-3), in |
all new
applications to establish
a charter
school in a city |
having a population exceeding 500,000, operation of the
charter
|
school shall be limited to one campus. The changes made to this |
Section by Public Act 93-3 do not apply to charter schools |
existing or approved on or before April 16, 2003 (the
effective |
date of Public Act 93-3). |
(b-5) In this subsection (b-5), "virtual-schooling" means |
a cyber school where students engage in online curriculum and |
instruction via the Internet and electronic communication with |
their teachers at remote locations and with students |
participating at different times. |
From April 1, 2013 through December 31, 2016, there is a |
moratorium on the establishment of charter schools with |
virtual-schooling components in school districts other than a |
school district organized under Article 34 of this Code. This |
moratorium does not apply to a charter school with |
virtual-schooling components existing or approved prior to |
April 1, 2013 or to the renewal of the charter of a charter |
school with virtual-schooling components already approved |
prior to April 1, 2013. |
|
On or before March 1, 2014, the Commission shall submit to |
the General Assembly a report on the effect of |
virtual-schooling, including without limitation the effect on |
student performance, the costs associated with |
virtual-schooling, and issues with oversight. The report shall |
include policy recommendations for virtual-schooling.
|
(c) A charter school shall be administered and governed by |
its board of
directors or other governing body
in the manner |
provided in its charter. The governing body of a charter school
|
shall be subject to the Freedom of Information Act and the Open |
Meetings Act.
|
(d) For purposes of this subsection (d), "non-curricular |
health and safety requirement" means any health and safety |
requirement created by statute or rule to provide, maintain, |
preserve, or safeguard safe or healthful conditions for |
students and school personnel or to eliminate, reduce, or |
prevent threats to the health and safety of students and school |
personnel. "Non-curricular health and safety requirement" does |
not include any course of study or specialized instructional |
requirement for which the State Board has established goals and |
learning standards or which is designed primarily to impart |
knowledge and skills for students to master and apply as an |
outcome of their education. |
A charter school shall comply with all non-curricular |
health and safety
requirements applicable to public schools |
under the laws of the State of
Illinois. On or before September |
|
1, 2015, the State Board shall promulgate and post on its |
Internet website a list of non-curricular health and safety |
requirements that a charter school must meet. The list shall be |
updated annually no later than September 1. Any charter |
contract between a charter school and its authorizer must |
contain a provision that requires the charter school to follow |
the list of all non-curricular health and safety requirements |
promulgated by the State Board and any non-curricular health |
and safety requirements added by the State Board to such list |
during the term of the charter. Nothing in this subsection (d) |
precludes an authorizer from including non-curricular health |
and safety requirements in a charter school contract that are |
not contained in the list promulgated by the State Board, |
including non-curricular health and safety requirements of the |
authorizing local school board.
|
(e) Except as otherwise provided in the School Code, a |
charter school shall
not charge tuition; provided that a |
charter school may charge reasonable fees
for textbooks, |
instructional materials, and student activities.
|
(f) A charter school shall be responsible for the |
management and operation
of its fiscal affairs including,
but |
not limited to, the preparation of its budget. An audit of each |
charter
school's finances shall be conducted annually by an |
outside, independent
contractor retained by the charter |
school. To ensure financial accountability for the use of |
public funds, on or before December 1 of every year of |
|
operation, each charter school shall submit to its authorizer |
and the State Board a copy of its audit and a copy of the Form |
990 the charter school filed that year with the federal |
Internal Revenue Service. In addition, if deemed necessary for |
proper financial oversight of the charter school, an authorizer |
may require quarterly financial statements from each charter |
school.
|
(g) A charter school shall comply with all provisions of |
this Article, the Illinois Educational Labor Relations Act, all |
federal and State laws and rules applicable to public schools |
that pertain to special education and the instruction of |
English learners, and
its charter. A charter
school is exempt |
from all other State laws and regulations in this Code
|
governing public
schools and local school board policies; |
however, a charter school is not exempt from the following:
|
(1) Sections 10-21.9 and 34-18.5 of this Code regarding |
criminal
history records checks and checks of the Statewide |
Sex Offender Database and Statewide Murderer and Violent |
Offender Against Youth Database of applicants for |
employment;
|
(2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and |
34-84a of this Code regarding discipline of
students;
|
(3) the Local Governmental and Governmental Employees |
Tort Immunity Act;
|
(4) Section 108.75 of the General Not For Profit |
Corporation Act of 1986
regarding indemnification of |
|
officers, directors, employees, and agents;
|
(5) the Abused and Neglected Child Reporting Act;
|
(6) the Illinois School Student Records Act;
|
(7) Section 10-17a of this Code regarding school report |
cards;
|
(8) the P-20 Longitudinal Education Data System Act; |
(9) Section 27-23.7 of this Code regarding bullying |
prevention; |
(10) Section 2-3.162 of this Code regarding student |
discipline reporting; and |
(11) Sections 22-80 and 27-8.1 of this Code; and . |
(12) Sections 10-20.60 and 34-18.53 of this Code. |
The change made by Public Act 96-104 to this subsection (g) |
is declaratory of existing law. |
(h) A charter school may negotiate and contract with a |
school district, the
governing body of a State college or |
university or public community college, or
any other public or |
for-profit or nonprofit private entity for: (i) the use
of a |
school building and grounds or any other real property or |
facilities that
the charter school desires to use or convert |
for use as a charter school site,
(ii) the operation and |
maintenance thereof, and
(iii) the provision of any service, |
activity, or undertaking that the charter
school is required to |
perform in order to carry out the terms of its charter.
|
However, a charter school
that is established on
or
after April |
16, 2003 (the effective date of Public Act 93-3) and that |
|
operates
in a city having a population exceeding
500,000 may |
not contract with a for-profit entity to
manage or operate the |
school during the period that commences on April 16, 2003 (the
|
effective date of Public Act 93-3) and
concludes at the end of |
the 2004-2005 school year.
Except as provided in subsection (i) |
of this Section, a school district may
charge a charter school |
reasonable rent for the use of the district's
buildings, |
grounds, and facilities. Any services for which a charter |
school
contracts
with a school district shall be provided by |
the district at cost. Any services
for which a charter school |
contracts with a local school board or with the
governing body |
of a State college or university or public community college
|
shall be provided by the public entity at cost.
|
(i) In no event shall a charter school that is established |
by converting an
existing school or attendance center to |
charter school status be required to
pay rent for space
that is |
deemed available, as negotiated and provided in the charter |
agreement,
in school district
facilities. However, all other |
costs for the operation and maintenance of
school district |
facilities that are used by the charter school shall be subject
|
to negotiation between
the charter school and the local school |
board and shall be set forth in the
charter.
|
(j) A charter school may limit student enrollment by age or |
grade level.
|
(k) If the charter school is approved by the Commission, |
then the Commission charter school is its own local education |
|
agency. |
(Source: P.A. 98-16, eff. 5-24-13; 98-639, eff. 6-9-14; 98-669, |
eff. 6-26-14; 98-739, eff. 7-16-14; 98-783, eff. 1-1-15; |
98-1059, eff. 8-26-14; 98-1102, eff. 8-26-14; 99-30, eff. |
7-10-15; 99-78, eff. 7-20-15; 99-245, eff. 8-3-15; 99-325, eff. |
8-10-15; 99-456, eff. 9-15-16; 99-642, eff. 7-28-16; 99-927, |
eff. 6-1-17.)
|
(105 ILCS 5/34-18.53 new) |
Sec. 34-18.53. Availability of feminine hygiene products. |
(a) The General Assembly finds the following: |
(1) Feminine hygiene products are a health care |
necessity and not an item that can be foregone or |
substituted easily. |
(2) Access to feminine hygiene products is a serious |
and ongoing need in this State. |
(3) When students do not have access to affordable |
feminine hygiene products, they may miss multiple days of |
school every month. |
(4) When students have access to quality feminine |
hygiene products, they are able to continue with their |
daily lives with minimal interruption. |
(b) In this Section: |
"Feminine hygiene products" means tampons and sanitary |
napkins for use in connection with the menstrual cycle. |
"School building" means any facility (i) that is owned or |
|
leased by the school district or over which the board has care, |
custody, and control and (ii) in which there is a public school |
serving students in grades 6 through 12. |
(c) The school district shall make feminine hygiene |
products available, at no cost to students, in the bathrooms of |
school buildings.
|
Section 95. No acceleration or delay. Where this Act makes |
changes in a statute that is represented in this Act by text |
that is not yet or no longer in effect (for example, a Section |
represented by multiple versions), the use of that text does |
not accelerate or delay the taking effect of (i) the changes |
made by this Act or (ii) provisions derived from any other |
Public Act.
|