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1 | | report less bullying and
harassment. |
2 | | (3) The leading health and education organizations |
3 | | support personal health and safety education that includes |
4 | | information about both delaying sexual activity and the |
5 | | effective use of contraception. |
6 | | (4) Students often lack the education and support |
7 | | needed to prevent unwanted or mistimed pregnancy, HIV, and |
8 | | other sexually transmitted infections, to develop healthy |
9 | | relationships, to plan for personal safety, and to develop |
10 | | decision-making skills. |
11 | | (5) Schools have a responsibility to address child |
12 | | abuse, harassment, bullying, inter-personal violence, and |
13 | | personal safety issues, which can have a significant |
14 | | impact on a student's emotional and physical well-being |
15 | | and academic success. |
16 | | It is the intent of the General Assembly that |
17 | | comprehensive personal health and safety education shall |
18 | | promote awareness and healthy attitudes about growth and |
19 | | development, body image, gender identity, gender expression, |
20 | | sexuality, sexual health, sexual orientation, consent, dating, |
21 | | relationships, and families; should be designed to promote |
22 | | positive behaviors and reduce health-related risk behaviors; |
23 | | and must be available to students in kindergarten through 12th |
24 | | grade and provide students with the information, skills, and |
25 | | support needed to acquire accurate information to make healthy |
26 | | decisions throughout their lives. |
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1 | | (c) In this Section: |
2 | | "Age and developmentally appropriate" means suitable for a |
3 | | particular age or age group of children and adolescents, based |
4 | | on the cognitive, emotional, and behavioral development |
5 | | typical of that age or age group. |
6 | | "Characteristics of effective programs" means the aspects |
7 | | of evidence-based programs, including development, content, |
8 | | and the implementation of programs that have been shown to be |
9 | | effective in increasing knowledge, clarifying values and |
10 | | attitudes, increasing skills, and impacting behavior and are |
11 | | widely recognized by leading medical and public health |
12 | | agencies to be effective in changing sexual behaviors that |
13 | | lead to sexually transmitted infections, including HIV, |
14 | | unwanted or mistimed pregnancy, dating violence, and sexual |
15 | | violence among young people. |
16 | | "Comprehensive personal health and safety education" means |
17 | | instruction in a comprehensive school health education |
18 | | approach that addresses the physical, mental, emotional, and |
19 | | social dimensions of human sexuality and is designed to |
20 | | motivate and assist students in maintaining and improving |
21 | | sexual health, developing skills for engaging in healthy |
22 | | relationships, preventing abuse, preventing sexual and |
23 | | interpersonal violence,
preventing infection, and reducing |
24 | | sexual health-related risk behaviors and to enable and empower |
25 | | students to develop and demonstrate developmentally and |
26 | | culturally appropriate sexuality and sexual health-related |
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1 | | knowledge, attitudes, skills, and practices. |
2 | | "Consent" means knowing, affirmative, conscious, and |
3 | | voluntary agreement to engage in specific interpersonal, |
4 | | physical, or sexual activity at a given time. |
5 | | "Culturally appropriate" means materials and instruction |
6 | | that are inclusive of the experiences and needs of communities |
7 | | of color, communities of all ethnic and cultural backgrounds, |
8 | | immigrant communities, families, people whose primary language |
9 | | is not English, people of diverse sexual orientations, gender |
10 | | identities, and gender expressions, people who are intersex, |
11 | | people with disabilities, people who have experienced sexual |
12 | | victimization, and people whose experiences have traditionally |
13 | | been left out of sexual health education, programs, and |
14 | | policies. |
15 | | "Gender stereotype" means a generalized view or |
16 | | preconception about what attributes, characteristics, or roles |
17 | | are or ought to be taught, possessed by, or performed by people |
18 | | based on their gender identity. |
19 | | "Human trafficking" means the recruitment, harboring, |
20 | | transportation, provision, obtaining, patronizing, or |
21 | | soliciting of a person for the purpose of labor, involuntary |
22 | | servitude, debt bondage, slavery, or a commercial sex act, |
23 | | which is induced by force, fraud, or coercion or in which the |
24 | | person induced has not attained 18 years of age. |
25 | | "Inclusive" means a curriculum that ensures that students |
26 | | from marginalized communities that include, but are not |
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1 | | limited to, communities of color, immigrant communities, |
2 | | people of diverse sexual orientations, gender identities, and |
3 | | gender expressions, people who are intersex, people with |
4 | | disabilities, people who have experienced sexual |
5 | | victimization, and others whose experiences have been |
6 | | traditionally left out of personal health and safety education |
7 | | or related programs and policies are included in classroom |
8 | | materials and lessons. |
9 | | "Medically accurate and complete" means that the |
10 | | information provided through instruction is verified or |
11 | | supported by research conducted in compliance with accepted |
12 | | scientific methods and is published in peer-reviewed journals |
13 | | by the federal Centers for Disease Control and Prevention, the |
14 | | American Public Health Association, the American Academy of |
15 | | Pediatrics, and the American College of Obstetricians and |
16 | | Gynecologists, if applicable, or a program contains |
17 | | information that leading professional public health or medical |
18 | | organizations, government agencies, and scientific advisory |
19 | | groups with relevant expertise in the field recognize as |
20 | | accurate, objective, and complete and the program does not |
21 | | withhold information about external anatomy involved in sexual |
22 | | functioning or in the effectiveness and benefits of correct |
23 | | and consistent use of condoms and other contraceptives. |
24 | | "Sexting" means the act of sending, sharing, receiving, or |
25 | | forwarding a sexually explicit or sexually suggestive image, |
26 | | video, or text message by a digital or electronic device, |
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1 | | including, but not limited to, a mobile or cellular telephone |
2 | | or a computer. |
3 | | "Sexual violence" means an act of a sexual nature that is |
4 | | committed or attempted by another person without the freely |
5 | | given consent of the victim or against someone who is unable to |
6 | | consent or refuse. "Sexual violence" includes acts of sexual |
7 | | harassment, sexual abuse, and sexual assault. |
8 | | "Trauma informed" means to address vital information about |
9 | | sexuality and well-being that takes into consideration how |
10 | | adverse life experiences may potentially influence a person's |
11 | | well-being and decision making. |
12 | | (d) Beginning no later than July 1, 2023, a school |
13 | | district shall provide inclusive, medically accurate, and |
14 | | complete, age and developmentally appropriate, and culturally |
15 | | appropriate comprehensive personal health and safety education |
16 | | in kindergarten through the 12th grade in all public schools. |
17 | | (e) Comprehensive personal health and safety education |
18 | | requirements for course materials and instruction under this |
19 | | Section are as follows: |
20 | | (1) Comprehensive personal health and safety education |
21 | | shall do all of the following: |
22 | | (A) Reflect the characteristics of effective
|
23 | | programs. |
24 | | (B) Use and implement curricula that is trauma |
25 | | informed. |
26 | | (C) Use or adopt curricula, materials, and |
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1 | | instruction that are inclusive and address the |
2 | | experiences and needs of all youth in the school. |
3 | | (D) Be accessible to students with disabilities, |
4 | | which may include the use of a modified curriculum, |
5 | | materials, instruction in alternative formats, |
6 | | assistive technology, and auxiliary aids. |
7 | | (E) Allow instructors to answer questions |
8 | | initiated by a student that are related to and |
9 | | consistent with the material of the course. |
10 | | (F) Include affirmative and health-positive |
11 | | examples of diverse family structures, races,
|
12 | | ethnicities, genders, sexual orientations, gender
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13 | | identities, gender expressions, disabilities, and |
14 | | cultures. |
15 | | (G) Create a safe, inclusive, and culturally |
16 | | appropriate environment for all students to learn |
17 | | about and discuss personal health and healthy |
18 | | relationships. |
19 | | (H) Help students develop self-advocacy skills for |
20 | | effective communication with parents or guardians, |
21 | | health and social service professionals, other trusted |
22 | | adults, and peers about sexual health and |
23 | | relationships. |
24 | | (I) Provide information to help students develop |
25 | | skills for preventing and dealing with interpersonal |
26 | | violence, sexual violence, and human trafficking. |
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1 | | (J) Provide information about local resources |
2 | | where students can obtain additional information and |
3 | | confidential services related to bullying, |
4 | | interpersonal and sexual violence, suicide prevention, |
5 | | sexual and reproductive health, sexual orientation, |
6 | | gender identity, gender expression, and other related |
7 | | issues. |
8 | | (K) Comply with standards developed by the State |
9 | | Board of Education. |
10 | | (2) Comprehensive personal health and safety education |
11 | | materials and instruction in shall not: |
12 | | (A) use shame-based or stigmatizing language or |
13 | | instructional tools; |
14 | | (B) stigmatize parenting or sexually active youth; |
15 | | (C) stigmatize or further victimize students |
16 | | impacted by sexual violence; |
17 | | (D) discriminate on the basis of sex, race, |
18 | | ethnicity, national origin, disability, religion, |
19 | | gender expression, gender identity, or sexual |
20 | | orientation; |
21 | | (E) exclude the health needs of individuals who |
22 | | are intersex or individuals of diverse sexual |
23 | | orientations, gender identities, or gender |
24 | | expressions; |
25 | | (F) employ gender stereotypes; or |
26 | | (G) impose or promote any religious doctrine. |
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1 | | (3) Comprehensive personal health and safety education |
2 | | in the 3rd and 5th grades shall include age and |
3 | | developmentally appropriate instruction on consent and how |
4 | | to give and receive consent, including a discussion that |
5 | | includes, but is not limited to, all of the following: |
6 | | (A) Setting appropriate physical boundaries with |
7 | | others. |
8 | | (B) Respecting the physical boundaries of others. |
9 | | (C) The right to refuse to engage in behaviors or |
10 | | activities that are uncomfortable or unsafe. |
11 | | (D) Dealing with unwanted physical contact. |
12 | | (E) Helping a peer deal with unwanted physical |
13 | | contact. |
14 | | (4) Comprehensive personal health and safety education |
15 | | in the 6th through 12th grades shall include age and |
16 | | developmentally appropriate instruction on consent and how |
17 | | to give and receive consent, including a discussion that |
18 | | includes, but is not limited to, all of the following: |
19 | | (A) That consent is a freely given agreement to |
20 | | sexual activity. |
21 | | (B) That consent to one particular sexual activity |
22 | | does not constitute consent to other types of sexual |
23 | | activities. |
24 | | (C) That a person's lack of verbal or physical |
25 | | resistance or submission resulting from the use or |
26 | | threat of force does not constitute consent. |
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1 | | (D) That a person's manner of dress does not |
2 | | constitute consent. |
3 | | (E) That a person's consent to past sexual |
4 | | activity does not constitute consent to future sexual |
5 | | activity. |
6 | | (F) That a person's consent to engage in sexual |
7 | | activity with one person does not constitute consent |
8 | | to engage in sexual activity with another person. |
9 | | (G) That a person can withdraw consent at any |
10 | | time. |
11 | | (H) That a person cannot consent to sexual |
12 | | activity if that person is unable to understand the |
13 | | nature of the activity or give knowing consent due to |
14 | | certain circumstances that include, but are not |
15 | | limited to: |
16 | | (i) the person is incapacitated due to the use |
17 | | or influence of alcohol or drugs; |
18 | | (ii) the person is asleep or unconscious; |
19 | | (iii) the person is a minor; or |
20 | | (iv) the person is incapacitated due to a |
21 | | mental disability. |
22 | | (I) The legal age of consent in Illinois. |
23 | | (5) Beginning no later than July 1, 2023, |
24 | | comprehensive personal health and safety education |
25 | | instruction and materials, including materials provided or |
26 | | presented by outside organizations, resource persons, or |
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1 | | guest lecturers, may not conflict with the provisions of |
2 | | this Section. A school may utilize guest lecturers or |
3 | | resource persons to provide instruction or presentations |
4 | | in accordance with Section 10-22.34b of this Code. |
5 | | (f) By no later than March 31, 2023, the State Board of |
6 | | Education shall post on its website comprehensive personal |
7 | | health and safety education resources that are inclusive, |
8 | | medically accurate and complete, age and developmentally |
9 | | appropriate, and culturally appropriate for use in |
10 | | pre-kindergarten through the 12th grade. Any comprehensive |
11 | | personal health and safety education offered to |
12 | | pre-kindergarten students shall be age and developmentally |
13 | | appropriate. |
14 | | (g) School disclosure, parental requests, and notice are |
15 | | as follows: |
16 | | (1) It is the intent of the General Assembly to: |
17 | | (A) encourage pupils to communicate with their |
18 | | parents or guardians about human sexuality and health |
19 | | needs and to respect the rights of parents and |
20 | | guardians to supervise their children's education on |
21 | | these subjects; |
22 | | (B) create a streamlined process to make it easier |
23 | | for parents and guardians to review materials and |
24 | | evaluation tools related to comprehensive personal |
25 | | health and safety education; and |
26 | | (C) recognize that although parents and guardians |
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1 | | overwhelmingly support medically accurate and |
2 | | complete, age and developmentally appropriate, and |
3 | | culturally appropriate comprehensive personal health |
4 | | and safety education, parents and guardians have the |
5 | | ultimate responsibility for imparting values regarding |
6 | | human sexuality to their children. |
7 | | (2) A parent or guardian of a student has the right to |
8 | | excuse his or her child from all or a part of comprehensive |
9 | | personal health and safety education and assessments |
10 | | related to that education through a passive consent |
11 | | process. A school district may not require active parental |
12 | | consent for comprehensive personal health and safety |
13 | | education. |
14 | | (3) A school district shall annually post
information |
15 | | on its Internet website about any curricula used to |
16 | | provide comprehensive personal health and safety |
17 | | education, including: |
18 | | (A) whether the instruction during the prior |
19 | | school year was provided by a teacher in the school, an |
20 | | outside organization, or a guest lecturer or resource |
21 | | person; |
22 | | (B) the number of students who received the |
23 | | instruction during the prior school year; |
24 | | (C) the number of students excused from |
25 | | instruction pursuant to this subsection (g) during the |
26 | | prior school year; |
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1 | | (D) the duration of instruction, including the |
2 | | number of hours of instruction per grade level during |
3 | | the prior school year; and |
4 | | (E) the name and contact information, including an |
5 | | email address, of school personnel who can respond to |
6 | | inquiries and comments about the instruction and |
7 | | materials. |
8 | | If any instruction is provided by an outside |
9 | | organization or guest lecturer or resource person, the |
10 | | school district shall specify the name of the outside |
11 | | organization or the guest lecturer or resource person and |
12 | | identify any organizations with which the guest lecturer |
13 | | or resource person may be affiliated. |
14 | | If an Internet website is not available, the |
15 | | information must be provided in another format to school |
16 | | administrators, school board members, school personnel, |
17 | | parents, guardians, students, and the public. |
18 | | (4) At the beginning of each school year or at the time |
19 | | of a student's enrollment, a school district shall notify |
20 | | the parent or guardian of each student about the |
21 | | instruction planned for the coming school year about |
22 | | comprehensive personal health and safety education and |
23 | | research on student health, behaviors, and risks. The |
24 | | notice shall do all of the following: |
25 | | (A) Advise the parent or guardian that written and |
26 | | audiovisual educational materials used in
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1 | | comprehensive personal health and safety education, |
2 | | including materials used by an outside organization, |
3 | | guest lecturer, or resource person, are available for |
4 | | inspection both to the parent or guardian and to the |
5 | | public. |
6 | | (B) Advise the parent or guardian whether the |
7 | | comprehensive personal health and safety education |
8 | | will be taught by school district personnel or by an |
9 | | outside organization, guest lecturer, or resource |
10 | | person. If comprehensive personal health and safety |
11 | | education is to be taught by an outside organization, |
12 | | guest lecturer, or resource person, the notice shall |
13 | | include the date of the instruction, the name of the |
14 | | organization or the affiliation of each guest speaker |
15 | | or resource person, and information stating the right |
16 | | of the parent or guardian to request a copy of the |
17 | | educational materials to be used. If arrangements for |
18 | | this instruction are made after the beginning of the |
19 | | school year, the notice shall be made by mail or |
20 | | another commonly used method of notification no fewer |
21 | | than 14 days before the instruction is delivered. |
22 | | (C) Include information explaining the parent's or |
23 | | guardian's right to request a copy of this Section. |
24 | | (D) Advise the parent or guardian that the parent |
25 | | or guardian has the right to excuse the student from |
26 | | comprehensive personal health and safety education and |
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1 | | that, in order to excuse the student, the parent or |
2 | | guardian must submit his or her request in writing to |
3 | | the school district. |
4 | | (E) State that a student will not be subject to |
5 | | disciplinary action, an academic penalty, or any other |
6 | | sanction if the student's parent or guardian requests |
7 | | the student not receive the instruction provided under |
8 | | this Section. If a student's parent or guardian |
9 | | requests that the student not receive the instruction |
10 | | provided under this Section, the school is encouraged |
11 | | to provide alternative assignments. |
12 | | (F) Identify the name and contact information, |
13 | | including an email address, of school personnel who |
14 | | can respond to inquiries and comments about the course |
15 | | instruction and materials. |
16 | | (h) A school district may collaborate with a local public |
17 | | health department to identify and designate a qualified |
18 | | employee of the local public health department as the school |
19 | | district's point of contact for the purposes of responding to |
20 | | inquiries and comments about course instruction and materials |
21 | | under this Section. |
22 | | (i) On or before December 31, 2022, the State Board of |
23 | | Education, in consultation with youth, parents, sexual and |
24 | | interpersonal violence prevention experts, health care |
25 | | providers, social workers, and advocates and education |
26 | | practitioners, including, but not limited to, administrators, |
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1 | | regional superintendents of schools, teachers, and school |
2 | | support personnel, shall develop and adopt rigorous learning |
3 | | standards in the area of comprehensive personal health and |
4 | | safety education, including, but not limited to: |
5 | | (1) national standards developed by Advocates for |
6 | | Youth, Answer, and the Sexuality Information and Education |
7 | | Council of the United States (SIECUS); |
8 | | (2) standards for instruction on positive body image |
9 | | and positive sexuality, including that there is a range of |
10 | | healthy sexual behaviors that are affirming and |
11 | | pleasurable; |
12 | | (3) standards for instruction on the safe use of |
13 | | social media, dating or relationship websites or |
14 | | applications, and sexting; |
15 | | (4) standards for instruction on the sex equity policy |
16 | | of the school or education system, the process for making |
17 | | a complaint, the grievance procedure, and the school |
18 | | official who is designated as the school's Title IX |
19 | | coordinator; |
20 | | (5) standards for instruction pursuant to Section |
21 | | 10-23.13 of this Code; and |
22 | | (6) standards for instruction on mandated reporting of |
23 | | abused and neglected children as required by the Abused |
24 | | and Neglected Child Reporting Act. |
25 | | (j) The State Board of Education shall adopt rules to |
26 | | implement, administer, and ensure compliance with this |
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1 | | Section.
|
2 | | (105 ILCS 5/27A-5)
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3 | | Sec. 27A-5. Charter school; legal entity; requirements.
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4 | | (a) A charter school shall be a public, nonsectarian, |
5 | | nonreligious, non-home
based, and non-profit school. A charter |
6 | | school shall be organized and operated
as a nonprofit |
7 | | corporation or other discrete, legal, nonprofit entity
|
8 | | authorized under the laws of the State of Illinois.
|
9 | | (b) A charter school may be established under this Article |
10 | | by creating a new
school or by converting an existing public |
11 | | school or attendance center to
charter
school status.
|
12 | | Beginning on April 16, 2003 (the effective date of Public Act |
13 | | 93-3), in all new
applications to establish
a charter
school |
14 | | in a city having a population exceeding 500,000, operation of |
15 | | the
charter
school shall be limited to one campus. The changes |
16 | | made to this Section by Public Act 93-3 do not apply to charter |
17 | | schools existing or approved on or before April 16, 2003 (the
|
18 | | effective date of Public Act 93-3). |
19 | | (b-5) In this subsection (b-5), "virtual-schooling" means |
20 | | a cyber school where students engage in online curriculum and |
21 | | instruction via the Internet and electronic communication with |
22 | | their teachers at remote locations and with students |
23 | | participating at different times. |
24 | | From April 1, 2013 through December 31, 2016, there is a |
25 | | moratorium on the establishment of charter schools with |
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1 | | virtual-schooling components in school districts other than a |
2 | | school district organized under Article 34 of this Code. This |
3 | | moratorium does not apply to a charter school with |
4 | | virtual-schooling components existing or approved prior to |
5 | | April 1, 2013 or to the renewal of the charter of a charter |
6 | | school with virtual-schooling components already approved |
7 | | prior to April 1, 2013.
|
8 | | (c) A charter school shall be administered and governed by |
9 | | its board of
directors or other governing body
in the manner |
10 | | provided in its charter. The governing body of a charter |
11 | | school
shall be subject to the Freedom of Information Act and |
12 | | the Open Meetings Act. No later than January 1, 2021 ( one year |
13 | | after the effective date of Public Act 101-291) this |
14 | | amendatory Act of the 101st General Assembly , a charter |
15 | | school's board of directors or other governing body must |
16 | | include at least one parent or guardian of a pupil currently |
17 | | enrolled in the charter school who may be selected through the |
18 | | charter school or a charter network election, appointment by |
19 | | the charter school's board of directors or other governing |
20 | | body, or by the charter school's Parent Teacher Organization |
21 | | or its equivalent. |
22 | | (c-5) No later than January 1, 2021 ( one year after the |
23 | | effective date of Public Act 101-291) this amendatory Act of |
24 | | the 101st General Assembly or within the first year of his or |
25 | | her first term, every voting member of a charter school's |
26 | | board of directors or other governing body shall complete a |
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1 | | minimum of 4 hours of professional development leadership |
2 | | training to ensure that each member has sufficient familiarity |
3 | | with the board's or governing body's role and |
4 | | responsibilities, including financial oversight and |
5 | | accountability of the school, evaluating the principal's and |
6 | | school's performance, adherence to the Freedom of Information |
7 | | Act and the Open Meetings Act Acts , and compliance with |
8 | | education and labor law. In each subsequent year of his or her |
9 | | term, a voting member of a charter school's board of directors |
10 | | or other governing body shall complete a minimum of 2 hours of |
11 | | professional development training in these same areas. The |
12 | | training under this subsection may be provided or certified by |
13 | | a statewide charter school membership association or may be |
14 | | provided or certified by other qualified providers approved by |
15 | | the State Board of Education.
|
16 | | (d) For purposes of this subsection (d), "non-curricular |
17 | | health and safety requirement" means any health and safety |
18 | | requirement created by statute or rule to provide, maintain, |
19 | | preserve, or safeguard safe or healthful conditions for |
20 | | students and school personnel or to eliminate, reduce, or |
21 | | prevent threats to the health and safety of students and |
22 | | school personnel. "Non-curricular health and safety |
23 | | requirement" does not include any course of study or |
24 | | specialized instructional requirement for which the State |
25 | | Board has established goals and learning standards or which is |
26 | | designed primarily to impart knowledge and skills for students |
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1 | | to master and apply as an outcome of their education. |
2 | | A charter school shall comply with all non-curricular |
3 | | health and safety
requirements applicable to public schools |
4 | | under the laws of the State of
Illinois. On or before September |
5 | | 1, 2015, the State Board shall promulgate and post on its |
6 | | Internet website a list of non-curricular health and safety |
7 | | requirements that a charter school must meet. The list shall |
8 | | be updated annually no later than September 1. Any charter |
9 | | contract between a charter school and its authorizer must |
10 | | contain a provision that requires the charter school to follow |
11 | | the list of all non-curricular health and safety requirements |
12 | | promulgated by the State Board and any non-curricular health |
13 | | and safety requirements added by the State Board to such list |
14 | | during the term of the charter. Nothing in this subsection (d) |
15 | | precludes an authorizer from including non-curricular health |
16 | | and safety requirements in a charter school contract that are |
17 | | not contained in the list promulgated by the State Board, |
18 | | including non-curricular health and safety requirements of the |
19 | | authorizing local school board.
|
20 | | (e) Except as otherwise provided in the School Code, a |
21 | | charter school shall
not charge tuition; provided that a |
22 | | charter school may charge reasonable fees
for textbooks, |
23 | | instructional materials, and student activities.
|
24 | | (f) A charter school shall be responsible for the |
25 | | management and operation
of its fiscal affairs including,
but |
26 | | not limited to, the preparation of its budget. An audit of each |
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1 | | charter
school's finances shall be conducted annually by an |
2 | | outside, independent
contractor retained by the charter |
3 | | school. To ensure financial accountability for the use of |
4 | | public funds, on or before December 1 of every year of |
5 | | operation, each charter school shall submit to its authorizer |
6 | | and the State Board a copy of its audit and a copy of the Form |
7 | | 990 the charter school filed that year with the federal |
8 | | Internal Revenue Service. In addition, if deemed necessary for |
9 | | proper financial oversight of the charter school, an |
10 | | authorizer may require quarterly financial statements from |
11 | | each charter school.
|
12 | | (g) A charter school shall comply with all provisions of |
13 | | this Article, the Illinois Educational Labor Relations Act, |
14 | | all federal and State laws and rules applicable to public |
15 | | schools that pertain to special education and the instruction |
16 | | of English learners, and
its charter. A charter
school is |
17 | | exempt from all other State laws and regulations in this Code
|
18 | | governing public
schools and local school board policies; |
19 | | however, a charter school is not exempt from the following:
|
20 | | (1) Sections 10-21.9 and 34-18.5 of this Code |
21 | | regarding criminal
history records checks and checks of |
22 | | the Statewide Sex Offender Database and Statewide Murderer |
23 | | and Violent Offender Against Youth Database of applicants |
24 | | for employment;
|
25 | | (2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and |
26 | | 34-84a of this Code regarding discipline of
students;
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1 | | (3) the Local Governmental and Governmental Employees |
2 | | Tort Immunity Act;
|
3 | | (4) Section 108.75 of the General Not For Profit |
4 | | Corporation Act of 1986
regarding indemnification of |
5 | | officers, directors, employees, and agents;
|
6 | | (5) the Abused and Neglected Child Reporting Act;
|
7 | | (5.5) subsection (b) of Section 10-23.12 and |
8 | | subsection (b) of Section 34-18.6 of this Code; |
9 | | (6) the Illinois School Student Records Act;
|
10 | | (7) Section 10-17a of this Code regarding school |
11 | | report cards;
|
12 | | (8) the P-20 Longitudinal Education Data System Act; |
13 | | (9) Section 27-23.7 of this Code regarding bullying |
14 | | prevention; |
15 | | (10) Section 2-3.162 of this Code regarding student |
16 | | discipline reporting; |
17 | | (11) Sections 22-80 and 27-8.1 of this Code; |
18 | | (12) Sections 10-20.60 and 34-18.53 of this Code; |
19 | | (13) Sections 10-20.63 and 34-18.56 of this Code; |
20 | | (14) Section 26-18 of this Code; |
21 | | (15) Section 22-30 of this Code; and |
22 | | (16) Sections 24-12 and 34-85 of this Code ; . |
23 | | (17) the (16) The Seizure Smart School Act ; . |
24 | | (18) Section 27-9.1a of this Code; and |
25 | | (19) Section 34-18.8 of this Code. |
26 | | The change made by Public Act 96-104 to this subsection |
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1 | | (g) is declaratory of existing law. |
2 | | (h) A charter school may negotiate and contract with a |
3 | | school district, the
governing body of a State college or |
4 | | university or public community college, or
any other public or |
5 | | for-profit or nonprofit private entity for: (i) the use
of a |
6 | | school building and grounds or any other real property or |
7 | | facilities that
the charter school desires to use or convert |
8 | | for use as a charter school site,
(ii) the operation and |
9 | | maintenance thereof, and
(iii) the provision of any service, |
10 | | activity, or undertaking that the charter
school is required |
11 | | to perform in order to carry out the terms of its charter.
|
12 | | However, a charter school
that is established on
or
after |
13 | | April 16, 2003 (the effective date of Public Act 93-3) and that |
14 | | operates
in a city having a population exceeding
500,000 may |
15 | | not contract with a for-profit entity to
manage or operate the |
16 | | school during the period that commences on April 16, 2003 (the
|
17 | | effective date of Public Act 93-3) and
concludes at the end of |
18 | | the 2004-2005 school year.
Except as provided in subsection |
19 | | (i) of this Section, a school district may
charge a charter |
20 | | school reasonable rent for the use of the district's
|
21 | | buildings, grounds, and facilities. Any services for which a |
22 | | charter school
contracts
with a school district shall be |
23 | | provided by the district at cost. Any services
for which a |
24 | | charter school contracts with a local school board or with the
|
25 | | governing body of a State college or university or public |
26 | | community college
shall be provided by the public entity at |
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1 | | cost.
|
2 | | (i) In no event shall a charter school that is established |
3 | | by converting an
existing school or attendance center to |
4 | | charter school status be required to
pay rent for space
that is |
5 | | deemed available, as negotiated and provided in the charter |
6 | | agreement,
in school district
facilities. However, all other |
7 | | costs for the operation and maintenance of
school district |
8 | | facilities that are used by the charter school shall be |
9 | | subject
to negotiation between
the charter school and the |
10 | | local school board and shall be set forth in the
charter.
|
11 | | (j) A charter school may limit student enrollment by age |
12 | | or grade level.
|
13 | | (k) If the charter school is approved by the State Board or |
14 | | Commission, then the charter school is its own local education |
15 | | agency. |
16 | | (Source: P.A. 100-29, eff. 1-1-18; 100-156, eff. 1-1-18; |
17 | | 100-163, eff. 1-1-18; 100-413, eff. 1-1-18; 100-468, eff. |
18 | | 6-1-18; 100-726, eff. 1-1-19; 100-863, eff. 8-14-18; 101-50, |
19 | | eff. 7-1-20; 101-81, eff. 7-12-19; 101-291, eff. 1-1-20; |
20 | | 101-531, eff. 8-23-19; 101-543, eff. 8-23-19; revised 8-4-20.)
|
21 | | (105 ILCS 5/34-18.8) (from Ch. 122, par. 34-18.8)
|
22 | | Sec. 34-18.8. HIV AIDS training. School guidance |
23 | | counselors, nurses,
teachers , school social workers, and other |
24 | | school personnel who work with pupils shall
may be trained to |
25 | | have a basic knowledge of matters relating
to human |
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1 | | immunodeficiency virus (HIV) acquired immunodeficiency |
2 | | syndrome (AIDS) , including the nature of the infection
|
3 | | disease , its causes and effects, the means of detecting it and |
4 | | preventing
its transmission, the availability of appropriate |
5 | | sources of counseling and
referral, and any other medically |
6 | | accurate information that is age and developmentally |
7 | | appropriate for may be appropriate considering the
age and |
8 | | grade level of such pupils. The Board of Education shall |
9 | | supervise
such training. The State Board of Education and the |
10 | | Department of Public
Health shall jointly develop standards |
11 | | for such training.
|
12 | | (Source: P.A. 86-900.)
|
13 | | (105 ILCS 5/27-9.1 rep.)
|
14 | | (105 ILCS 5/27-9.2 rep.)
|
15 | | (105 ILCS 5/27-11 rep.)
|
16 | | Section 10. The School Code is amended by repealing |
17 | | Sections 27-9.1, 27-9.2, and 27-11.
|
18 | | Section 99. Effective date. This Act takes effect upon |
19 | | becoming law.".
|