Public Act 102-0805
 
HB5265 EnrolledLRB102 25007 RJT 34263 b


  
    AN ACT concerning education.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  


 
 
    Section 5. The School Code is amended  by changing Sections 
1-3, 10-20.13, 27A-5, 28-19.2, and 34-21.6 as follows:
 



    (105 ILCS 5/1-3)  (from Ch. 122, par. 1-3)



    Sec. 1-3. Definitions. In this Code: 

    The terms "common schools", "free schools" and "public 
schools" are used
interchangeably to apply to any school 
operated by authority of this Act.

    "School board" means the governing body of any district 
created or
operating under authority of this Code, including 
board of school directors
and board of education. When the 
context so indicates it also means the
governing body of any 
non-high school district and of any special charter
district, 
including a board of school inspectors.
    "School fees" or "fees" means any monetary charge 
collected by a public school, public school district, or 
charter school from a student or the parents or guardian of a 
student as a prerequisite for the student's participation in 
any curricular or extracurricular program of the school or 
school district as defined under paragraphs (1) and (2) of 
subsection (a) of Section 1.245 of Title 23 of the Illinois 
Administrative Code. 

    "Special charter district" means any city, township, or 
district
organized into a school district, under a special Act 
or charter of the
General Assembly or in which schools are now 
managed and operating within
such unit in whole or in part 
under the terms of such special Act or
charter.

(Source: P.A. 102-687, eff. 12-17-21.)

 



    (105 ILCS 5/10-20.13)  (from Ch. 122, par. 10-20.13)



    Sec. 10-20.13. Textbooks for children of parents unable to 
buy them
and other fees and fines.  
    (a) To purchase, at the
expense of the district, a 
sufficient number of
textbooks for children whose parents are 
unable to buy them, including
but not limited to children 
living in households that meet the free lunch or breakfast 
eligibility guidelines established by the federal government 
pursuant to Section 1758 of the federal Richard B. Russell 
National School Lunch Act (42 U.S.C. 1758; 7 C.F.R. 245 et 
seq.) and homeless children and youth as defined in Section 
11434a of the federal McKinney-Vento Homeless Assistance Act 
(42 U.S.C. 11434a), subject to verification as set forth in 
subsection (c) of this Section. Such textbooks
shall be loaned 
only, and the directors shall require the teacher to see
that 
they are properly cared for and returned at the end of each 
term of
school.

    (b) To waive all fees and any fines for the loss of school 
property assessed by the district on children whose parents

are unable to afford them, including but not limited to: 
        (1) children living in households that meet the free 
    lunch or breakfast eligibility guidelines established by 
    the federal government pursuant to Section 1758 of the 
    federal Richard B. Russell National School Lunch Act (42 
    U.S.C. 1758; 7 C.F.R. 245 et seq.), subject to 
    verification as set forth in subsection (c) of this 
    Section, and
        (2)homeless children and youth as defined in Section 
    11434a of the federal McKinney-Vento Homeless Assistance 
    Act (42 U.S.C. 11434a).
    Notice of waiver availability shall be given to parents or 
guardians with every bill for fees or fines.
 The school board

shall adopt written policies and procedures for such waiver of 
fees in
accordance with regulations promulgated by the State 
Board of Education.

    (c) Any school board that participates in a federally 
funded, school-based child nutrition program and uses a 
student's application for, eligibility for, or participation 
in the federally funded, school-based child nutrition program 
(42 U.S.C. 1758; 7 C.F.R. 245 et seq.) as the basis for waiving 
fees assessed by the school district must follow the 
verification requirements of the federally funded, 
school-based child nutrition program (42 U.S.C. 1758; 7 C.F.R. 
245.6a).
    A school board that establishes a process for the 
determination of eligibility for waiver of fees assessed by 
the school district that is completely independent of a 
student's application for, eligibility for, or participation 
in a federally funded, school-based child nutrition program 
may provide for fee waiver verification no more often than 
once per academic year every 60 calendar days. Information 
obtained during the independent, fee waiver verification 
process indicating that the student does not meet free lunch 
or breakfast eligibility guidelines may be used to deny the 
waiver of the student's fees or fines for the loss of school 
property, provided that any information obtained through this 
independent process for determining or verifying eligibility 
for fee waivers shall not be used to determine or verify 
eligibility for any federally funded, school-based child 
nutrition program. This subsection shall not preclude children 
from obtaining waivers at any point during the academic year. 
(Source: P.A. 96-360, eff. 9-1-09.)

 
 

    (105 ILCS 5/27A-5)

 
    (Text of Section before amendment by P.A. 102-157 and P.A. 
102-466)
    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.

    (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. No later than January 1, 2021 (one year 
after the effective date of Public Act 101-291), a charter 
school's board of directors or other governing body must 
include at least one parent or guardian of a pupil currently 
enrolled in the charter school who may be selected through the 
charter school or a charter network election, appointment by 
the charter school's board of directors or other governing 
body, or by the charter school's Parent Teacher Organization 
or its equivalent. 
    (c-5) No later than January 1, 2021 (one year after the 
effective date of Public Act 101-291) or within the first year 
of his or her first term, every voting member of a charter 
school's board of directors or other governing body shall 
complete a minimum of 4 hours of professional development 
leadership training to ensure that each member has sufficient 
familiarity with the board's or governing body's role and 
responsibilities, including financial oversight and 
accountability of the school, evaluating the principal's and 
school's performance, adherence to the Freedom of Information 
Act and the Open Meetings Act, and compliance with education 
and labor law. In each subsequent year of his or her term, a 
voting member of a charter school's board of directors or 
other governing body shall complete a minimum of 2 hours of 
professional development training in these same areas. The 
training under this subsection may be provided or certified by 
a statewide charter school membership association or may be 
provided or certified by other qualified providers approved by 
the State Board of Education. 

    (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. The contractor shall not be an employee of the charter 
school or affiliated with the charter school or its authorizer 
in any way, other than to audit the charter school's finances. 
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;

        (5.5) subsection (b) of Section 10-23.12 and 
    subsection (b) of Section 34-18.6 of this Code;
        (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;
        (11) Sections 22-80 and 27-8.1 of this Code;
        (12) Sections 10-20.60 and 34-18.53 of this Code;
        (13) Sections 10-20.63 and 34-18.56 of this Code;
        (14) Section 26-18 of this Code;
        (15) Section 22-30 of this Code; 
        (16) Sections 24-12 and 34-85 of this Code; and
        (17) the Seizure Smart School Act;
        (18) Section 2-3.64a-10 of this Code; and
        (19) (18) Sections 10-20.73 and 34-21.9 of this Code; .
        (20) (19) Section 10-22.25b of this Code; .
        (21) (19) Section 27-9.1a of this Code;
        (22) (20) Section 27-9.1b of this Code; and 
        (23) (21) Section 34-18.8 of this Code; . 
        (25) (19) Section 2-3.188 of this Code; and
        (26) (20) Section 22-85.5 of this Code; . 
        (27) Section 10-20.13 of this Code; 
        (28) Section 28-19.2 of this Code; and 
        (29) Section 34-21.6 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 State Board or 
Commission, then the charter school is its own local education 
agency. 
(Source: P.A. 101-50, eff. 7-1-20; 101-81, eff. 7-12-19; 
101-291, eff. 1-1-20; 101-531, eff. 8-23-19; 101-543, eff. 
8-23-19; 101-654, eff. 3-8-21; 102-51, eff. 7-9-21; 102-360, 
eff. 1-1-22; 102-445, eff. 8-20-21; 102-522, eff. 8-20-21; 
102-558, eff. 8-20-21; 102-676, eff. 12-3-21; revised 
12-21-21.)
 
    (Text of Section after amendment by P.A. 102-157 but 
before amendment by P.A. 102-466)
  
    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.

    (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. No later than January 1, 2021 (one year 
after the effective date of Public Act 101-291), a charter 
school's board of directors or other governing body must 
include at least one parent or guardian of a pupil currently 
enrolled in the charter school who may be selected through the 
charter school or a charter network election, appointment by 
the charter school's board of directors or other governing 
body, or by the charter school's Parent Teacher Organization 
or its equivalent. 
    (c-5) No later than January 1, 2021 (one year after the 
effective date of Public Act 101-291) or within the first year 
of his or her first term, every voting member of a charter 
school's board of directors or other governing body shall 
complete a minimum of 4 hours of professional development 
leadership training to ensure that each member has sufficient 
familiarity with the board's or governing body's role and 
responsibilities, including financial oversight and 
accountability of the school, evaluating the principal's and 
school's performance, adherence to the Freedom of Information 
Act and the Open Meetings Act, and compliance with education 
and labor law. In each subsequent year of his or her term, a 
voting member of a charter school's board of directors or 
other governing body shall complete a minimum of 2 hours of 
professional development training in these same areas. The 
training under this subsection may be provided or certified by 
a statewide charter school membership association or may be 
provided or certified by other qualified providers approved by 
the State Board of Education. 

    (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. The contractor shall not be an employee of the charter 
school or affiliated with the charter school or its authorizer 
in any way, other than to audit the charter school's finances. 
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;

        (5.5) subsection (b) of Section 10-23.12 and 
    subsection (b) of Section 34-18.6 of this Code;
        (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;
        (11) Sections 22-80 and 27-8.1 of this Code;
        (12) Sections 10-20.60 and 34-18.53 of this Code;
        (13) Sections 10-20.63 and 34-18.56 of this Code;
        (14) Sections 22-90 and 26-18 of this Code;
        (15) Section 22-30 of this Code; 
        (16) Sections 24-12 and 34-85 of this Code; and
        (17) the Seizure Smart School Act;
        (18) Section 2-3.64a-10 of this Code; and
        (19) (18) Sections 10-20.73 and 34-21.9 of this Code; .
        (20) (19) Section 10-22.25b of this Code; .
        (21) (19) Section 27-9.1a of this Code;
        (22) (20) Section 27-9.1b of this Code; and 
        (23) (21) Section 34-18.8 of this Code; . 
        (25) (19) Section 2-3.188 of this Code; and
        (26) (20) Section 22-85.5 of this Code; . 
        (27) Section 10-20.13 of this Code; 
        (28) Section 28-19.2 of this Code; and 
        (29) Section 34-21.6 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 State Board or 
Commission, then the charter school is its own local education 
agency. 
(Source: P.A. 101-50, eff. 7-1-20; 101-81, eff. 7-12-19; 
101-291, eff. 1-1-20; 101-531, eff. 8-23-19; 101-543, eff. 
8-23-19; 101-654, eff. 3-8-21; 102-51, eff. 7-9-21; 102-157, 
eff. 7-1-22; 102-360, eff. 1-1-22; 102-445, eff. 8-20-21; 
102-522, eff. 8-20-21; 102-558, eff. 8-20-21; 102-676, eff. 
12-3-21; revised 12-21-21.)
 
    (Text of Section after amendment by P.A. 102-466)
    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.

    (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. No later than January 1, 2021 (one year 
after the effective date of Public Act 101-291), a charter 
school's board of directors or other governing body must 
include at least one parent or guardian of a pupil currently 
enrolled in the charter school who may be selected through the 
charter school or a charter network election, appointment by 
the charter school's board of directors or other governing 
body, or by the charter school's Parent Teacher Organization 
or its equivalent. 
    (c-5) No later than January 1, 2021 (one year after the 
effective date of Public Act 101-291) or within the first year 
of his or her first term, every voting member of a charter 
school's board of directors or other governing body shall 
complete a minimum of 4 hours of professional development 
leadership training to ensure that each member has sufficient 
familiarity with the board's or governing body's role and 
responsibilities, including financial oversight and 
accountability of the school, evaluating the principal's and 
school's performance, adherence to the Freedom of Information 
Act and the Open Meetings Act, and compliance with education 
and labor law. In each subsequent year of his or her term, a 
voting member of a charter school's board of directors or 
other governing body shall complete a minimum of 2 hours of 
professional development training in these same areas. The 
training under this subsection may be provided or certified by 
a statewide charter school membership association or may be 
provided or certified by other qualified providers approved by 
the State Board of Education. 

    (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. The contractor shall not be an employee of the charter 
school or affiliated with the charter school or its authorizer 
in any way, other than to audit the charter school's finances. 
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;

        (5.5) subsection (b) of Section 10-23.12 and 
    subsection (b) of Section 34-18.6 of this Code;
        (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;
        (11) Sections 22-80 and 27-8.1 of this Code;
        (12) Sections 10-20.60 and 34-18.53 of this Code;
        (13) Sections 10-20.63 and 34-18.56 of this Code;
        (14) Sections 22-90 and 26-18 of this Code;
        (15) Section 22-30 of this Code; 
        (16) Sections 24-12 and 34-85 of this Code; and
        (17) the Seizure Smart School Act;
        (18) Section 2-3.64a-10 of this Code; and
        (19) (18) Sections 10-20.73 and 34-21.9 of this Code; .
        (20) (19) Section 10-22.25b of this Code; .
        (21) (19) Section 27-9.1a of this Code;
        (22) (20) Section 27-9.1b of this Code; and 
        (23) (21) Section 34-18.8 of this Code; . 
        (24) (19) Article 26A of this Code; . 
        (25) (19) Section 2-3.188 of this Code; and
        (26) (20) Section 22-85.5 of this Code; . 
        (27) Section 10-20.13 of this Code; 
        (28) Section 28-19.2 of this Code; and 
        (29) Section 34-21.6 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 State Board or 
Commission, then the charter school is its own local education 
agency. 
(Source: P.A. 101-50, eff. 7-1-20; 101-81, eff. 7-12-19; 
101-291, eff. 1-1-20; 101-531, eff. 8-23-19; 101-543, eff. 
8-23-19; 101-654, eff. 3-8-21; 102-51, eff. 7-9-21; 102-157, 
eff. 7-1-22; 102-360, eff. 1-1-22; 102-445, eff. 8-20-21; 
102-466, eff. 7-1-25; 102-522, eff. 8-20-21; 102-558, eff. 
8-20-21; 102-676, eff. 12-3-21; revised 12-21-21.)
 



    (105 ILCS 5/28-19.2)  (from Ch. 122, par. 28-19.2)



    Sec. 28-19.2. 
(a) No discrimination or punishment of any 
kind, including, but not limited to: the lowering of grades, 
or exclusion from classes, or withholding of student records, 
transcripts or diplomas may be exercised against
a student 
because the student's whose parents or guardians are unable to 
purchase required textbooks
or instructional materials or to 
pay required fees.

    (b) Any person who violates this Section is guilty of a 
petty offense.

(Source: P.A. 83-573.)

 



    (105 ILCS 5/34-21.6)  (from Ch. 122, par. 34-21.6)



    Sec. 34-21.6. Waiver of fees and fines. 
    (a) The board shall waive all fees and any fines for the 
loss of school property assessed by the district
on children 
whose parents are unable to afford them, including but not 
limited
to:
        (1) children living in households that meet the free 
    lunch or breakfast eligibility guidelines established by 
    the federal government pursuant to Section 1758 of the 
    federal Richard B. Russell National School Lunch Act (42 
    U.S.C. 1758; 7 C.F.R. 245 et seq.), subject to 
    verification as set forth in subsection (b) of this 
    Section, and 
        (2) homeless children and youth as defined in Section 
    11434a of the federal McKinney-Vento Homeless Assistance 
    Act (42 U.S.C. 11434a).
    Notice of waiver availability shall be given to parents or 
guardians with every bill for fees or fines.  The board shall 
develop written
policies and procedures implementing this 
Section in accordance with
regulations promulgated by the 
State Board of Education.

    (b) If the board participates in a federally funded, 
school-based child nutrition program and uses a student's 
application for, eligibility for, or participation in the 
federally funded, school-based child nutrition program (42 
U.S.C. 1758; 7 C.F.R.  245 et seq.) as the basis for waiving 
fees assessed by the district, then the board must follow the 
verification requirements of the federally funded, 
school-based child nutrition program (42 U.S.C. 1758; 7 C.F.R. 
245.6a).
    If the board establishes a process for the determination 
of eligibility for waiver of all fees assessed by the district 
that is completely independent of the criteria listed in 
subsection (b) a student's application for, eligibility for, 
or participation in a federally funded, school-based child 
nutrition program, the board may provide for fee waiver 
verification no more often once every academic year than every 
60 calendar days. Information obtained during the independent, 
fee waiver verification process indicating that the student 
does not meet free lunch or breakfast eligibility guidelines 
may be used to deny the waiver of the student's fees or fines 
for the loss of school property, provided that any information 
obtained through this independent process for determining or 
verifying eligibility for fee waivers shall not be used to 
determine or verify eligibility for any federally funded, 
school-based child nutrition program.
    This subsection shall not preclude children from obtaining 
waivers at any point during the academic year. 
(Source: P.A. 96-360, eff. 9-1-09.)

  
 
    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.