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Public Act 099-0927 |
SB0565 Enrolled | LRB099 03009 JLK 23017 b |
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AN ACT concerning State government.
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Be it enacted by the People of the State of Illinois, |
represented in the General Assembly:
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Section 5. The School Code is amended by changing Sections |
27-8.1 and 27A-5 as follows: |
(105 ILCS 5/27-8.1) (from Ch. 122, par. 27-8.1) |
Sec. 27-8.1. Health examinations and immunizations. |
(1) In compliance with rules and regulations which the |
Department of Public
Health shall promulgate, and except as |
hereinafter provided, all children in
Illinois shall have a |
health examination as follows: within one year prior to
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entering kindergarten or the first grade of any public, |
private, or parochial
elementary school; upon entering the |
sixth and ninth grades of any public,
private, or parochial |
school; prior to entrance into any public, private, or
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parochial nursery school; and, irrespective of grade, |
immediately prior to or
upon entrance into any public, private, |
or parochial school or nursery school,
each child shall present |
proof of having been examined in accordance with this
Section |
and the rules and regulations promulgated hereunder. Any child |
who received a health examination within one year prior to |
entering the fifth grade for the 2007-2008 school year is not |
required to receive an additional health examination in order |
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to comply with the provisions of Public Act 95-422 when he or |
she attends school for the 2008-2009 school year, unless the |
child is attending school for the first time as provided in |
this paragraph. |
A tuberculosis skin test screening shall be included as a |
required part of
each health examination included under this |
Section if the child resides in an
area designated by the |
Department of Public Health as having a high incidence
of |
tuberculosis. Additional health examinations of pupils, |
including eye examinations, may be required when deemed |
necessary by school
authorities. Parents are encouraged to have |
their children undergo eye examinations at the same points in |
time required for health
examinations. |
(1.5) In compliance with rules adopted by the Department of |
Public Health and except as otherwise provided in this Section, |
all children in kindergarten and the second and sixth grades of |
any public, private, or parochial school shall have a dental |
examination. Each of these children shall present proof of |
having been examined by a dentist in accordance with this |
Section and rules adopted under this Section before May 15th of |
the school year. If a child in the second or sixth grade fails |
to present proof by May 15th, the school may hold the child's |
report card until one of the following occurs: (i) the child |
presents proof of a completed dental examination or (ii) the |
child presents proof that a dental examination will take place |
within 60 days after May 15th. The Department of Public Health |
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shall establish, by rule, a waiver for children who show an |
undue burden or a lack of access to a dentist. Each public, |
private, and parochial school must give notice of this dental |
examination requirement to the parents and guardians of |
students at least 60 days before May 15th of each school year.
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(1.10) Except as otherwise provided in this Section, all |
children enrolling in kindergarten in a public, private, or |
parochial school on or after the effective date of this |
amendatory Act of the 95th General Assembly and any student |
enrolling for the first time in a public, private, or parochial |
school on or after the effective date of this amendatory Act of |
the 95th General Assembly shall have an eye examination. Each |
of these children shall present proof of having been examined |
by a physician licensed to practice medicine in all of its |
branches or a licensed optometrist within the previous year, in |
accordance with this Section and rules adopted under this |
Section, before October 15th of the school year. If the child |
fails to present proof by October 15th, the school may hold the |
child's report card until one of the following occurs: (i) the |
child presents proof of a completed eye examination or (ii) the |
child presents proof that an eye examination will take place |
within 60 days after October 15th. The Department of Public |
Health shall establish, by rule, a waiver for children who show |
an undue burden or a lack of access to a physician licensed to |
practice medicine in all of its branches who provides eye |
examinations or to a licensed optometrist. Each public, |
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private, and parochial school must give notice of this eye |
examination requirement to the parents and guardians of |
students in compliance with rules of the Department of Public |
Health. Nothing in this Section shall be construed to allow a |
school to exclude a child from attending because of a parent's |
or guardian's failure to obtain an eye examination for the |
child.
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(2) The Department of Public Health shall promulgate rules |
and regulations
specifying the examinations and procedures |
that constitute a health examination, which shall include an |
age-appropriate developmental screening, an age-appropriate |
social and emotional screening, and the collection of data |
relating to obesity
(including at a minimum, date of birth, |
gender, height, weight, blood pressure, and date of exam),
and |
a dental examination and may recommend by rule that certain |
additional examinations be performed.
The rules and |
regulations of the Department of Public Health shall specify |
that
a tuberculosis skin test screening shall be included as a |
required part of each
health examination included under this |
Section if the child resides in an area
designated by the |
Department of Public Health as having a high incidence of
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tuberculosis.
With respect to the developmental screening and |
the social and emotional screening, the Department of Public |
Health must develop rules and appropriate revisions to the |
Child Health Examination form in conjunction with a statewide |
organization representing school boards; a statewide |
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organization representing pediatricians; statewide |
organizations representing individuals holding Illinois |
educator licenses with school support personnel endorsements, |
including school social workers, school psychologists, and |
school nurses; a statewide organization representing |
children's mental health experts; a statewide organization |
representing school principals; the Director of Healthcare and |
Family Services or his or her designee, the State |
Superintendent of Education or his or her designee; and |
representatives of other appropriate State agencies and, at a |
minimum, must recommend the use of validated screening tools |
appropriate to the child's age or grade, and, with regard to |
the social and emotional screening, require recording only |
whether or not the screening was completed. The rules shall |
take into consideration the screening recommendations of the |
American Academy of Pediatrics and must be consistent with the |
State Board of Education's social and emotional learning |
standards. The Department of Public Health shall specify that a |
diabetes
screening as defined by rule shall be included as a |
required part of each
health examination.
Diabetes testing is |
not required. |
Physicians licensed to practice medicine in all of its |
branches, licensed advanced
practice nurses, or licensed |
physician assistants shall be
responsible for the performance |
of the health examinations, other than dental
examinations, eye |
examinations, and vision and hearing screening, and shall sign |
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all report forms
required by subsection (4) of this Section |
that pertain to those portions of
the health examination for |
which the physician, advanced practice nurse, or
physician |
assistant is responsible.
If a registered
nurse performs any |
part of a health examination, then a physician licensed to
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practice medicine in all of its branches must review and sign |
all required
report forms. Licensed dentists shall perform all |
dental examinations and
shall sign all report forms required by |
subsection (4) of this Section that
pertain to the dental |
examinations. Physicians licensed to practice medicine
in all |
its branches or licensed optometrists shall perform all eye |
examinations
required by this Section and shall sign all report |
forms required by
subsection (4) of this Section that pertain |
to the eye examination. For purposes of this Section, an eye |
examination shall at a minimum include history, visual acuity, |
subjective refraction to best visual acuity near and far, |
internal and external examination, and a glaucoma evaluation, |
as well as any other tests or observations that in the |
professional judgment of the doctor are necessary. Vision and
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hearing screening tests, which shall not be considered |
examinations as that
term is used in this Section, shall be |
conducted in accordance with rules and
regulations of the |
Department of Public Health, and by individuals whom the
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Department of Public Health has certified.
In these rules and |
regulations, the Department of Public Health shall
require that |
individuals conducting vision screening tests give a child's
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parent or guardian written notification, before the vision |
screening is
conducted, that states, "Vision screening is not a |
substitute for a
complete eye and vision evaluation by an eye |
doctor. Your child is not
required to undergo this vision |
screening if an optometrist or
ophthalmologist has completed |
and signed a report form indicating that
an examination has |
been administered within the previous 12 months." |
(2.5) With respect to the developmental screening and the |
social and emotional screening portion of the health |
examination, each child may present proof of having been |
screened in accordance with this Section and the rules adopted |
under this Section before October 15th of the school year. With |
regard to the social and emotional screening only, the |
examining health care provider shall only record whether or not |
the screening was completed. If the child fails to present |
proof of the developmental screening or the social and |
emotional screening portions of the health examination by |
October 15th of the school year, qualified school support |
personnel may, with a parent's or guardian's consent, offer the |
developmental screening or the social and emotional screening |
to the child. Each public, private, and parochial school must |
give notice of the developmental screening and social and |
emotional screening requirements to the parents and guardians |
of students in compliance with the rules of the Department of |
Public Health. Nothing in this Section shall be construed to |
allow a school to exclude a child from attending because of a |
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parent's or guardian's failure to obtain a developmental |
screening or a social and emotional screening for the child. |
Once a developmental screening or a social and emotional |
screening is completed and proof has been presented to the |
school, the school may, with a parent's or guardian's consent, |
make available appropriate school personnel to work with the |
parent or guardian, the child, and the provider who signed the |
screening form to obtain any appropriate evaluations and |
services as indicated on the form and in other information and |
documentation provided by the parents, guardians, or provider. |
(3) Every child shall, at or about the same time as he or |
she receives
a health examination required by subsection (1) of |
this Section, present
to the local school proof of having |
received such immunizations against
preventable communicable |
diseases as the Department of Public Health shall
require by |
rules and regulations promulgated pursuant to this Section and |
the
Communicable Disease Prevention Act. |
(4) The individuals conducting the health examination,
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dental examination, or eye examination shall record the
fact of |
having conducted the examination, and such additional |
information as
required, including for a health examination
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data relating to obesity
(including at a minimum, date of |
birth, gender, height, weight, blood pressure, and date of |
exam), on uniform forms which the Department of Public Health |
and the State
Board of Education shall prescribe for statewide |
use. The examiner shall
summarize on the report form any |
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condition that he or she suspects indicates a
need for special |
services, including for a health examination factors relating |
to obesity. The duty to summarize on the report form does not |
apply to social and emotional screenings. The confidentiality |
of the information and records relating to the developmental |
screening and the social and emotional screening shall be |
determined by the statutes, rules, and professional ethics |
governing the type of provider conducting the screening. The |
individuals confirming the administration of
required |
immunizations shall record as indicated on the form that the
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immunizations were administered. |
(5) If a child does not submit proof of having had either |
the health
examination or the immunization as required, then |
the child shall be examined
or receive the immunization, as the |
case may be, and present proof by October
15 of the current |
school year, or by an earlier date of the current school year
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established by a school district. To establish a date before |
October 15 of the
current school year for the health |
examination or immunization as required, a
school district must |
give notice of the requirements of this Section 60 days
prior |
to the earlier established date. If for medical reasons one or |
more of
the required immunizations must be given after October |
15 of the current school
year, or after an earlier established |
date of the current school year, then
the child shall present, |
by October 15, or by the earlier established date, a
schedule |
for the administration of the immunizations and a statement of |
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the
medical reasons causing the delay, both the schedule and |
the statement being
issued by the physician, advanced practice |
nurse, physician assistant,
registered nurse, or local health |
department that will
be responsible for administration of the |
remaining required immunizations. If
a child does not comply by |
October 15, or by the earlier established date of
the current |
school year, with the requirements of this subsection, then the
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local school authority shall exclude that child from school |
until such time as
the child presents proof of having had the |
health examination as required and
presents proof of having |
received those required immunizations which are
medically |
possible to receive immediately. During a child's exclusion |
from
school for noncompliance with this subsection, the child's |
parents or legal
guardian shall be considered in violation of |
Section 26-1 and subject to any
penalty imposed by Section |
26-10. This subsection (5) does not apply to dental |
examinations , and eye examinations , and the developmental |
screening and the social and emotional screening portions of |
the health examination . If the student is an out-of-state |
transfer student and does not have the proof required under |
this subsection (5) before October 15 of the current year or |
whatever date is set by the school district, then he or she may |
only attend classes (i) if he or she has proof that an |
appointment for the required vaccinations has been scheduled |
with a party authorized to submit proof of the required |
vaccinations. If the proof of vaccination required under this |
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subsection (5) is not submitted within 30 days after the |
student is permitted to attend classes, then the student is not |
to be permitted to attend classes until proof of the |
vaccinations has been properly submitted. No school district or |
employee of a school district shall be held liable for any |
injury or illness to another person that results from admitting |
an out-of-state transfer student to class that has an |
appointment scheduled pursuant to this subsection (5). |
(6) Every school shall report to the State Board of |
Education by November
15, in the manner which that agency shall |
require, the number of children who
have received the necessary |
immunizations and the health examination (other than a dental |
examination or eye examination) as
required, indicating, of |
those who have not received the immunizations and
examination |
as required, the number of children who are exempt from health
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examination and immunization requirements on religious or |
medical grounds as
provided in subsection (8). On or before |
December 1 of each year, every public school district and |
registered nonpublic school shall make publicly available the |
immunization data they are required to submit to the State |
Board of Education by November 15. The immunization data made |
publicly available must be identical to the data the school |
district or school has reported to the State Board of |
Education. |
Every school shall report to the State Board of Education |
by June 30, in the manner that the State Board requires, the |
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number of children who have received the required dental |
examination, indicating, of those who have not received the |
required dental examination, the number of children who are |
exempt from the dental examination on religious grounds as |
provided in subsection (8) of this Section and the number of |
children who have received a waiver under subsection (1.5) of |
this Section. |
Every school shall report to the State Board of Education |
by June 30, in the manner that the State Board requires, the |
number of children who have received the required eye |
examination, indicating, of those who have not received the |
required eye examination, the number of children who are exempt |
from the eye examination as provided in subsection (8) of this |
Section, the number of children who have received a waiver |
under subsection (1.10) of this Section, and the total number |
of children in noncompliance with the eye examination |
requirement. |
The reported information under this subsection (6) shall be |
provided to the
Department of Public Health by the State Board |
of Education. |
(7) Upon determining that the number of pupils who are |
required to be in
compliance with subsection (5) of this |
Section is below 90% of the number of
pupils enrolled in the |
school district, 10% of each State aid payment made
pursuant to |
Section 18-8.05 to the school district for such year may be |
withheld
by the State Board of Education until the number of |
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students in compliance with
subsection (5) is the applicable |
specified percentage or higher. |
(8) Children of parents or legal guardians who object to |
health, dental, or eye examinations or any part thereof, to |
immunizations, or to vision and hearing screening tests on |
religious grounds shall not be required to undergo the |
examinations, tests, or immunizations to which they so object |
if such parents or legal guardians present to the appropriate |
local school authority a signed Certificate of Religious |
Exemption detailing the grounds for objection and the specific |
immunizations, tests, or examinations to which they object. The |
grounds for objection must set forth the specific religious |
belief that conflicts with the examination, test, |
immunization, or other medical intervention. The signed |
certificate shall also reflect the parent's or legal guardian's |
understanding of the school's exclusion policies in the case of |
a vaccine-preventable disease outbreak or exposure. The |
certificate must also be signed by the authorized examining |
health care provider responsible for the performance of the |
child's health examination confirming that the provider |
provided education to the parent or legal guardian on the |
benefits of immunization and the health risks to the student |
and to the community of the communicable diseases for which |
immunization is required in this State. However, the health |
care provider's signature on the certificate reflects only that |
education was provided and does not allow a health care |
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provider grounds to determine a religious exemption. Those |
receiving immunizations required under this Code shall be |
provided with the relevant vaccine information statements that |
are required to be disseminated by the federal National |
Childhood Vaccine Injury Act of 1986, which may contain |
information on circumstances when a vaccine should not be |
administered, prior to administering a vaccine. A healthcare |
provider may consider including without limitation the |
nationally accepted recommendations from federal agencies such |
as the Advisory Committee on Immunization Practices, the |
information outlined in the relevant vaccine information |
statement, and vaccine package inserts, along with the |
healthcare provider's clinical judgment, to determine whether |
any child may be more susceptible to experiencing an adverse |
vaccine reaction than the general population, and, if so, the |
healthcare provider may exempt the child from an immunization |
or adopt an individualized immunization schedule. The |
Certificate of Religious Exemption shall be created by the |
Department of Public Health and shall be made available and |
used by parents and legal guardians by the beginning of the |
2015-2016 school year. Parents or legal guardians must submit |
the Certificate of Religious Exemption to their local school |
authority prior to entering kindergarten, sixth grade, and |
ninth grade for each child for which they are requesting an |
exemption. The religious objection stated need not be directed |
by the tenets of an established religious organization. |
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However, general philosophical or moral reluctance to allow |
physical examinations, eye examinations, immunizations, vision |
and hearing screenings, or dental examinations does not provide |
a sufficient basis for an exception to statutory requirements. |
The local school authority is responsible for determining if
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the content of the Certificate of Religious Exemption
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constitutes a valid religious objection.
The local school |
authority shall inform the parent or legal guardian of |
exclusion procedures, in accordance with the Department's |
rules under Part 690 of Title 77 of the Illinois Administrative |
Code, at the time the objection is presented. |
If the physical condition
of the child is such that any one |
or more of the immunizing agents should not
be administered, |
the examining physician, advanced practice nurse, or
physician |
assistant responsible for the performance of the
health |
examination shall endorse that fact upon the health examination |
form. |
Exempting a child from the health,
dental, or eye |
examination does not exempt the child from
participation in the |
program of physical education training provided in
Sections |
27-5 through 27-7 of this Code. |
(9) For the purposes of this Section, "nursery schools" |
means those nursery
schools operated by elementary school |
systems or secondary level school units
or institutions of |
higher learning. |
(Source: P.A. 98-673, eff. 6-30-14; 99-173, eff. 7-29-15; |
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99-249, eff. 8-3-15; 99-642, eff. 7-28-16.)
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(105 ILCS 5/27A-5)
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Sec. 27A-5. Charter school; legal entity; requirements.
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(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
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authorized under the laws of the State of Illinois.
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(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
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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 |
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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.
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(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
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shall be subject to the Freedom of Information Act and the Open |
Meetings Act.
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(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 |
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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.
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(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.
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(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.
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(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
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governing public
schools and local school board policies; |
however, a charter school is not exempt from the following:
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(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 |
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employment;
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(2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and |
34-84a of this Code regarding discipline of
students;
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(3) the Local Governmental and Governmental Employees |
Tort Immunity Act;
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(4) Section 108.75 of the General Not For Profit |
Corporation Act of 1986
regarding indemnification of |
officers, directors, employees, and agents;
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(5) the Abused and Neglected Child Reporting Act;
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(6) the Illinois School Student Records Act;
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(7) Section 10-17a of this Code regarding school report |
cards;
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(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 Section 22-80 and 27-8.1 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 |
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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.
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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
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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
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shall be provided by the public entity at cost.
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(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
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to negotiation between
the charter school and the local school |
board and shall be set forth in the
charter.
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(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.)
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Section 99. Effective date. This Act takes effect June 1, |
2017. |