Rep. Robert Martwick
Filed: 4/17/2018
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1 | AMENDMENT TO HOUSE BILL 1295
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2 | AMENDMENT NO. ______. Amend House Bill 1295 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 1. Short title. This Act may be cited as the | ||||||
5 | Student Information Transparency Act. | ||||||
6 | Section 5. Definitions. In this Act: | ||||||
7 | "Destroy" means to remove student information, student | ||||||
8 | records, or student-generated content so that it is permanently | ||||||
9 | irretrievable in the normal course of business. | ||||||
10 | "Local education provider" means a public elementary or | ||||||
11 | secondary school in this State, including a charter school | ||||||
12 | authorized by a school board or by the State Charter School | ||||||
13 | Commission. | ||||||
14 | "Parent" means a person who is the natural parent of a | ||||||
15 | student or a person who has the primary responsibility for the | ||||||
16 | care and upbringing of a student. All rights and privileges |
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1 | accorded to a parent under this Act shall become exclusively | ||||||
2 | those of the student upon his or her 18th birthday, graduation | ||||||
3 | from a secondary school, marriage, or entry into military | ||||||
4 | service, whichever occurs first. | ||||||
5 | "School purposes" means purposes that customarily take | ||||||
6 | place at the direction of a teacher or a local education | ||||||
7 | provider or aids in the administration of school activities, | ||||||
8 | including, but not limited to, instruction in the classroom, | ||||||
9 | administrative activities, and collaboration among students, | ||||||
10 | school personnel, or parents. | ||||||
11 | "School service" means an Internet website, online | ||||||
12 | service, online application, or mobile application that: | ||||||
13 | (i) is used at the direction of teachers or other | ||||||
14 | employees of a local education provider; and | ||||||
15 | (ii) collects, maintains, or uses student information, | ||||||
16 | student records, or student-generated content. | ||||||
17 | "School service contract provider" or "contract provider" | ||||||
18 | means an entity that enters into a formal, negotiated contract | ||||||
19 | with a local education provider or an employee of a local | ||||||
20 | education provider to provide a school service. | ||||||
21 | "School service on-demand provider" means an entity that, | ||||||
22 | subject to an agreement with a local education provider, an | ||||||
23 | employee of the local education provider, or a student or | ||||||
24 | parent under the direction of the local education provider, | ||||||
25 | occasionally provides a school service to the local education | ||||||
26 | provider in standard, non-negotiable terms and conditions of |
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1 | service established by the providing entity. | ||||||
2 | "Student" means a student enrolled in a local education | ||||||
3 | provider. | ||||||
4 | "Student-generated content" means any student materials | ||||||
5 | created by a student, including, but not limited to, essays, | ||||||
6 | research papers, portfolios, creative writing, music or other | ||||||
7 | audio files, or photographs. "Student-generated content" does | ||||||
8 | not include a student's response to a standardized assessment. | ||||||
9 | "Student information" means personally identifiable | ||||||
10 | information or material of a student in any media or format and | ||||||
11 | is any of the following: | ||||||
12 | (1) Information created or provided by a student or a | ||||||
13 | parent to a school service in the course of the student or | ||||||
14 | parent using the school service for school purposes. | ||||||
15 | (2) Information created or provided by an employee or | ||||||
16 | agent of a local education provider to a school service for | ||||||
17 | school purposes. | ||||||
18 | (3) Information gathered by a school service that | ||||||
19 | identifies a student, including, but not limited to, the | ||||||
20 | student's first or last name, home address, telephone | ||||||
21 | number, date of birth, electronic mail address, discipline | ||||||
22 | records, test results, grades, evaluations, criminal | ||||||
23 | records, medical records, health records, Social Security | ||||||
24 | number, biometric information, disabilities, socioeconomic | ||||||
25 | information, food purchases, political affiliations, | ||||||
26 | religious affiliations, text messages, documents, student |
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1 | identifiers, search activity, keystroke log, Internet | ||||||
2 | browser history, photographs, voice recordings, video | ||||||
3 | recordings, survey responses, behavioral assessments, or | ||||||
4 | information in the student's student records or electronic | ||||||
5 | mail account. | ||||||
6 | "Student record" means information contained in a student | ||||||
7 | permanent record or student temporary record, as defined in the | ||||||
8 | Illinois School Student Records Act, or information acquired | ||||||
9 | from a student through the use of a school service at the | ||||||
10 | direction of a teacher or other employee of a local education | ||||||
11 | provider. | ||||||
12 | Section 10. Local education provider; data transparency. | ||||||
13 | Each local education provider shall post and maintain on its | ||||||
14 | Internet website all of the following information: | ||||||
15 | (1) An explanation that is clear and understandable by | ||||||
16 | a layperson of the data elements of student information, | ||||||
17 | student records, or student-generated content that the | ||||||
18 | local education provider collects and maintains. The | ||||||
19 | information must explain how the local education provider | ||||||
20 | uses, to whom it discloses, and for what purpose it | ||||||
21 | discloses the student information, student records, or | ||||||
22 | student-generated content. | ||||||
23 | (2) A list of the school service contract providers | ||||||
24 | that the local education provider contracts with, a copy of | ||||||
25 | each contract, and a business address and telephone number |
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1 | for each contract provider. | ||||||
2 | (3) To the extent of the local education provider's | ||||||
3 | knowledge, a list of the school service on-demand providers | ||||||
4 | that the local education provider or an employee of the | ||||||
5 | local education provider uses or directs a student or | ||||||
6 | parent to use for school services. At minimum, the local | ||||||
7 | education provider must provide the list under this | ||||||
8 | paragraph (3) no later than the 30th day of each school | ||||||
9 | year and must update the list no earlier than February 1 | ||||||
10 | and no later than March 1 of each school year. Upon the | ||||||
11 | request of a parent, a local education provider must | ||||||
12 | provide the parent with the data privacy policy and terms | ||||||
13 | of service of a school service on-demand provider that the | ||||||
14 | local education provider, an employee of the local | ||||||
15 | education provider, or a student or parent at the direction | ||||||
16 | of the local education provider uses. | ||||||
17 | Section 15. School service contract provider; data | ||||||
18 | transparency. | ||||||
19 | (a) Each school service contract provider must provide to | ||||||
20 | each local education provider that the school service contract | ||||||
21 | provider contracts with, in a format that is easily accessible | ||||||
22 | through an Internet website, clear information that is | ||||||
23 | understandable by a layperson explaining all of the following: | ||||||
24 | (1) The data elements of student information, student | ||||||
25 | records, or student-generated content that the school |
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1 | service contract provider collects. | ||||||
2 | (2) The learning purpose for which the school service | ||||||
3 | contract provider collects the student information, | ||||||
4 | student records, or student-generated content. | ||||||
5 | (3) How the school service contract provider uses, to | ||||||
6 | whom it discloses, and for what purpose it discloses the | ||||||
7 | student information, student records, or student-generated | ||||||
8 | content. | ||||||
9 | (b) The information disclosed under subsection (a) of this | ||||||
10 | Section must include all student information, student records, | ||||||
11 | or student-generated content that the school service contract | ||||||
12 | provider collects, regardless of whether it is initially | ||||||
13 | collected or ultimately held individually or in the aggregate. | ||||||
14 | (c) A local education provider must post the information | ||||||
15 | under subsection (a) of this Section on its Internet website. A | ||||||
16 | school service contract provider must update the information | ||||||
17 | under subsection (a) of this Section as necessary to maintain | ||||||
18 | accuracy. | ||||||
19 | Section 20. Student information; parental right to review, | ||||||
20 | correct, and delete. | ||||||
21 | (a) The parent of a student enrolled in a local education | ||||||
22 | provider has the right to all of the following: | ||||||
23 | (1) Inspect and review his or her child's student | ||||||
24 | information, student records, or student-generated | ||||||
25 | content, regardless of whether it is maintained by the |
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1 | local education provider or a school service contract | ||||||
2 | provider. | ||||||
3 | (2) Request from a local education provider a paper or | ||||||
4 | electronic copy of his or her child's student information, | ||||||
5 | student records, or student-generated content, including | ||||||
6 | student information, student records, or student-generated | ||||||
7 | content maintained by a school service contract provider. | ||||||
8 | If a parent requests an electronic copy of his or her | ||||||
9 | child's student information, student records, or | ||||||
10 | student-generated content under this paragraph (2), the | ||||||
11 | local education provider must provide an electronic copy of | ||||||
12 | that information unless the local education provider does | ||||||
13 | not maintain the information in an electronic format and | ||||||
14 | reproducing the information in an electronic format would | ||||||
15 | be unduly burdensome to the local education provider. If a | ||||||
16 | parent requests a paper copy of his or her child's student | ||||||
17 | information, student records, or student-generated | ||||||
18 | content, the local education provider may charge the parent | ||||||
19 | the reasonable cost for copying the information in an | ||||||
20 | amount not to exceed the amount fixed in a schedule adopted | ||||||
21 | by the State Board of Education, except that no parent may | ||||||
22 | be denied a copy of the information due to the parent's | ||||||
23 | inability to bear the cost of the copying. | ||||||
24 | (3) Request corrections of factual inaccuracies | ||||||
25 | contained in his or her child's student information or | ||||||
26 | student records maintained by a local education provider or |
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1 | school service contract provider. After receiving a | ||||||
2 | request for correction that documents the factual | ||||||
3 | inaccuracy, a local education provider must complete | ||||||
4 | either of the following: | ||||||
5 | (A) Confirm the correction with the parent within | ||||||
6 | 90 days after the parent's request if the local | ||||||
7 | education provider maintains the student information | ||||||
8 | or student records that contain the factual | ||||||
9 | inaccuracy. | ||||||
10 | (B) Notify the contract provider, who must confirm | ||||||
11 | the correction with the parent within 90 days after the | ||||||
12 | parent's request, if the student information or | ||||||
13 | student records that contain the factual inaccuracy | ||||||
14 | are maintained by a contract provider. | ||||||
15 | (4) Destroy or have destroyed any of his or her child's | ||||||
16 | student information, student records, or student-generated | ||||||
17 | content maintained by a contract provider if the | ||||||
18 | destruction is not in violation of the Illinois School | ||||||
19 | Student Records Act. | ||||||
20 | (b) Each local education provider must post and maintain on | ||||||
21 | its Internet website a written description of the procedures | ||||||
22 | that a parent may use to carry out the rights enumerated under | ||||||
23 | subsection (a) of this Section. | ||||||
24 | (c) The State Board of Education shall adopt, implement, | ||||||
25 | and administer a policy for hearing complaints from a parent | ||||||
26 | regarding a local education provider's compliance with this |
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1 | Act. At a minimum, the policy must provide a parent the | ||||||
2 | opportunity to submit information and receive a hearing from | ||||||
3 | the State Board of Education and must require the State Board | ||||||
4 | of Education to take action on the parent's complaint no later | ||||||
5 | than 60 days after the hearing. | ||||||
6 | (d) If a local education provider does not comply with the | ||||||
7 | requirements of this Act, a parent may submit a complaint with | ||||||
8 | the State Board of Education in accordance with the complaint | ||||||
9 | policy adopted under subsection (c) of this Section. | ||||||
10 | Section 25. Illinois School Student Records Act. Nothing in | ||||||
11 | this Act shall be construed to limit the rights granted to | ||||||
12 | parents and students under the Illinois School Student Records | ||||||
13 | Act. | ||||||
14 | Section 90. Rules. The State Board of Education may adopt | ||||||
15 | any rules necessary to implement this Act. | ||||||
16 | Section 95. The School Code is amended by changing Section | ||||||
17 | 27A-5 as follows:
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18 | (105 ILCS 5/27A-5)
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19 | Sec. 27A-5. Charter school; legal entity; requirements.
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20 | (a) A charter school shall be a public, nonsectarian, | ||||||
21 | nonreligious, non-home
based, and non-profit school. A charter | ||||||
22 | school shall be organized and operated
as a nonprofit |
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1 | corporation or other discrete, legal, nonprofit entity
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2 | authorized under the laws of the State of Illinois.
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3 | (b) A charter school may be established under this Article | ||||||
4 | by creating a new
school or by converting an existing public | ||||||
5 | school or attendance center to
charter
school status.
Beginning | ||||||
6 | on April 16, 2003 (the effective date of Public Act 93-3), in | ||||||
7 | all new
applications to establish
a charter
school in a city | ||||||
8 | having a population exceeding 500,000, operation of the
charter
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9 | school shall be limited to one campus. The changes made to this | ||||||
10 | Section by Public Act 93-3 do not apply to charter schools | ||||||
11 | existing or approved on or before April 16, 2003 (the
effective | ||||||
12 | date of Public Act 93-3). | ||||||
13 | (b-5) In this subsection (b-5), "virtual-schooling" means | ||||||
14 | a cyber school where students engage in online curriculum and | ||||||
15 | instruction via the Internet and electronic communication with | ||||||
16 | their teachers at remote locations and with students | ||||||
17 | participating at different times. | ||||||
18 | From April 1, 2013 through December 31, 2016, there is a | ||||||
19 | moratorium on the establishment of charter schools with | ||||||
20 | virtual-schooling components in school districts other than a | ||||||
21 | school district organized under Article 34 of this Code. This | ||||||
22 | moratorium does not apply to a charter school with | ||||||
23 | virtual-schooling components existing or approved prior to | ||||||
24 | April 1, 2013 or to the renewal of the charter of a charter | ||||||
25 | school with virtual-schooling components already approved | ||||||
26 | prior to April 1, 2013. |
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1 | On or before March 1, 2014, the Commission shall submit to | ||||||
2 | the General Assembly a report on the effect of | ||||||
3 | virtual-schooling, including without limitation the effect on | ||||||
4 | student performance, the costs associated with | ||||||
5 | virtual-schooling, and issues with oversight. The report shall | ||||||
6 | include policy recommendations for virtual-schooling.
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7 | (c) A charter school shall be administered and governed by | ||||||
8 | its board of
directors or other governing body
in the manner | ||||||
9 | provided in its charter. The governing body of a charter school
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10 | shall be subject to the Freedom of Information Act and the Open | ||||||
11 | Meetings Act.
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12 | (d) For purposes of this subsection (d), "non-curricular | ||||||
13 | health and safety requirement" means any health and safety | ||||||
14 | requirement created by statute or rule to provide, maintain, | ||||||
15 | preserve, or safeguard safe or healthful conditions for | ||||||
16 | students and school personnel or to eliminate, reduce, or | ||||||
17 | prevent threats to the health and safety of students and school | ||||||
18 | personnel. "Non-curricular health and safety requirement" does | ||||||
19 | not include any course of study or specialized instructional | ||||||
20 | requirement for which the State Board has established goals and | ||||||
21 | learning standards or which is designed primarily to impart | ||||||
22 | knowledge and skills for students to master and apply as an | ||||||
23 | outcome of their education. | ||||||
24 | A charter school shall comply with all non-curricular | ||||||
25 | health and safety
requirements applicable to public schools | ||||||
26 | under the laws of the State of
Illinois. On or before September |
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1 | 1, 2015, the State Board shall promulgate and post on its | ||||||
2 | Internet website a list of non-curricular health and safety | ||||||
3 | requirements that a charter school must meet. The list shall be | ||||||
4 | updated annually no later than September 1. Any charter | ||||||
5 | contract between a charter school and its authorizer must | ||||||
6 | contain a provision that requires the charter school to follow | ||||||
7 | the list of all non-curricular health and safety requirements | ||||||
8 | promulgated by the State Board and any non-curricular health | ||||||
9 | and safety requirements added by the State Board to such list | ||||||
10 | during the term of the charter. Nothing in this subsection (d) | ||||||
11 | precludes an authorizer from including non-curricular health | ||||||
12 | and safety requirements in a charter school contract that are | ||||||
13 | not contained in the list promulgated by the State Board, | ||||||
14 | including non-curricular health and safety requirements of the | ||||||
15 | authorizing local school board.
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16 | (e) Except as otherwise provided in the School Code, a | ||||||
17 | charter school shall
not charge tuition; provided that a | ||||||
18 | charter school may charge reasonable fees
for textbooks, | ||||||
19 | instructional materials, and student activities.
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20 | (f) A charter school shall be responsible for the | ||||||
21 | management and operation
of its fiscal affairs including,
but | ||||||
22 | not limited to, the preparation of its budget. An audit of each | ||||||
23 | charter
school's finances shall be conducted annually by an | ||||||
24 | outside, independent
contractor retained by the charter | ||||||
25 | school. To ensure financial accountability for the use of | ||||||
26 | public funds, on or before December 1 of every year of |
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1 | operation, each charter school shall submit to its authorizer | ||||||
2 | and the State Board a copy of its audit and a copy of the Form | ||||||
3 | 990 the charter school filed that year with the federal | ||||||
4 | Internal Revenue Service. In addition, if deemed necessary for | ||||||
5 | proper financial oversight of the charter school, an authorizer | ||||||
6 | may require quarterly financial statements from each charter | ||||||
7 | school.
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8 | (g) A charter school shall comply with all provisions of | ||||||
9 | this Article, the Illinois Educational Labor Relations Act, all | ||||||
10 | federal and State laws and rules applicable to public schools | ||||||
11 | that pertain to special education and the instruction of | ||||||
12 | English learners, and
its charter. A charter
school is exempt | ||||||
13 | from all other State laws and regulations in this Code
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14 | governing public
schools and local school board policies; | ||||||
15 | however, a charter school is not exempt from the following:
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16 | (1) Sections 10-21.9 and 34-18.5 of this Code regarding | ||||||
17 | criminal
history records checks and checks of the Statewide | ||||||
18 | Sex Offender Database and Statewide Murderer and Violent | ||||||
19 | Offender Against Youth Database of applicants for | ||||||
20 | employment;
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21 | (2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and | ||||||
22 | 34-84a of this Code regarding discipline of
students;
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23 | (3) the Local Governmental and Governmental Employees | ||||||
24 | Tort Immunity Act;
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25 | (4) Section 108.75 of the General Not For Profit | ||||||
26 | Corporation Act of 1986
regarding indemnification of |
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1 | officers, directors, employees, and agents;
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2 | (5) the Abused and Neglected Child Reporting Act;
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3 | (5.5) subsection (b) of Section 10-23.12 and | ||||||
4 | subsection (b) of Section 34-18.6 of this Code; | ||||||
5 | (6) the Illinois School Student Records Act and the | ||||||
6 | Student Information Transparency Act ;
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7 | (7) Section 10-17a of this Code regarding school report | ||||||
8 | cards;
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9 | (8) the P-20 Longitudinal Education Data System Act; | ||||||
10 | (9) Section 27-23.7 of this Code regarding bullying | ||||||
11 | prevention; | ||||||
12 | (10) Section 2-3.162 of this Code regarding student | ||||||
13 | discipline reporting; | ||||||
14 | (11) Sections 22-80 and 27-8.1 of this Code; and | ||||||
15 | (12) Sections 10-20.60 and 34-18.53 of this Code ; . | ||||||
16 | (13) (12) Sections 10-20.63 10-20.60 and 34-18.56 | ||||||
17 | 34-18.53 of this Code ; and . | ||||||
18 | (14) (12) Section 26-18 of this Code. | ||||||
19 | The change made by Public Act 96-104 to this subsection (g) | ||||||
20 | is declaratory of existing law. | ||||||
21 | (h) A charter school may negotiate and contract with a | ||||||
22 | school district, the
governing body of a State college or | ||||||
23 | university or public community college, or
any other public or | ||||||
24 | for-profit or nonprofit private entity for: (i) the use
of a | ||||||
25 | school building and grounds or any other real property or | ||||||
26 | facilities that
the charter school desires to use or convert |
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1 | for use as a charter school site,
(ii) the operation and | ||||||
2 | maintenance thereof, and
(iii) the provision of any service, | ||||||
3 | activity, or undertaking that the charter
school is required to | ||||||
4 | perform in order to carry out the terms of its charter.
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5 | However, a charter school
that is established on
or
after April | ||||||
6 | 16, 2003 (the effective date of Public Act 93-3) and that | ||||||
7 | operates
in a city having a population exceeding
500,000 may | ||||||
8 | not contract with a for-profit entity to
manage or operate the | ||||||
9 | school during the period that commences on April 16, 2003 (the
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10 | effective date of Public Act 93-3) and
concludes at the end of | ||||||
11 | the 2004-2005 school year.
Except as provided in subsection (i) | ||||||
12 | of this Section, a school district may
charge a charter school | ||||||
13 | reasonable rent for the use of the district's
buildings, | ||||||
14 | grounds, and facilities. Any services for which a charter | ||||||
15 | school
contracts
with a school district shall be provided by | ||||||
16 | the district at cost. Any services
for which a charter school | ||||||
17 | contracts with a local school board or with the
governing body | ||||||
18 | of a State college or university or public community college
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19 | shall be provided by the public entity at cost.
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20 | (i) In no event shall a charter school that is established | ||||||
21 | by converting an
existing school or attendance center to | ||||||
22 | charter school status be required to
pay rent for space
that is | ||||||
23 | deemed available, as negotiated and provided in the charter | ||||||
24 | agreement,
in school district
facilities. However, all other | ||||||
25 | costs for the operation and maintenance of
school district | ||||||
26 | facilities that are used by the charter school shall be subject
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1 | to negotiation between
the charter school and the local school | ||||||
2 | board and shall be set forth in the
charter.
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3 | (j) A charter school may limit student enrollment by age or | ||||||
4 | grade level.
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5 | (k) If the charter school is approved by the Commission, | ||||||
6 | then the Commission charter school is its own local education | ||||||
7 | agency. | ||||||
8 | (Source: P.A. 99-30, eff. 7-10-15; 99-78, eff. 7-20-15; 99-245, | ||||||
9 | eff. 8-3-15; 99-325, eff. 8-10-15; 99-456, eff. 9-15-16; | ||||||
10 | 99-642, eff. 7-28-16; 99-927, eff. 6-1-17; 100-29, eff. 1-1-18; | ||||||
11 | 100-156, eff. 1-1-18; 100-163, eff. 1-1-18; 100-413, eff. | ||||||
12 | 1-1-18; 100-468, eff. 6-1-18; revised 9-25-17.)
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13 | Section 99. Effective date. This Act takes effect upon | ||||||
14 | becoming law.".
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