101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB5655

 

Introduced , by Rep. Joyce Mason

 

SYNOPSIS AS INTRODUCED:
 
105 ILCS 5/2-3.12b new
105 ILCS 5/27A-5

    Amends the School Code. Provides that the State Board of Education shall require that a school construction project commenced on or after January 1, 2021 include the installation of a solar energy system or other renewable energy system. Provides that the project may also include the installation of a supplemental conventional energy system. Defines terms. Effective immediately.


LRB101 16889 CMG 66288 b

FISCAL NOTE ACT MAY APPLY
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

 

 

A BILL FOR

 

HB5655LRB101 16889 CMG 66288 b

1    AN ACT concerning education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The School Code is amended by adding Section
52-3.12b and by changing Section 27A-5 as follows:
 
6    (105 ILCS 5/2-3.12b new)
7    Sec. 2-3.12b. School construction; solar energy system
8required.
9    (a) As used in this Section:
10    "School construction project" means the building plan,
11design, and construction of a school building or structure in
12which the construction of the building or structure commences
13on or after January 1, 2021. "School construction project" does
14not include the reconstruction of, the rehabilitation of, or
15improvements to an building or structure in existence before
16January 1, 2021.
17    "Solar energy system" has the meaning ascribed to that term
18in the Comprehensive Solar Energy Act of 1977.
19    "Supplemental conventional energy system" has the meaning
20ascribed to that term in the Comprehensive Solar Energy Act of
211977.
22    (b) The State Board of Education shall require that a
23school construction project include the installation of a solar

 

 

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1energy system or other renewable energy system for the purpose
2of providing electricity, heating, or cooling to the school
3building or structure. In addition to the installation of the
4solar energy system or other renewable energy system, a
5supplemental conventional energy system may be installed.
 
6    (105 ILCS 5/27A-5)
7    (Text of Section before amendment by P.A. 101-50)
8    Sec. 27A-5. Charter school; legal entity; requirements.
9    (a) A charter school shall be a public, nonsectarian,
10nonreligious, non-home based, and non-profit school. A charter
11school shall be organized and operated as a nonprofit
12corporation or other discrete, legal, nonprofit entity
13authorized under the laws of the State of Illinois.
14    (b) A charter school may be established under this Article
15by creating a new school or by converting an existing public
16school or attendance center to charter school status. Beginning
17on April 16, 2003 (the effective date of Public Act 93-3), in
18all new applications to establish a charter school in a city
19having a population exceeding 500,000, operation of the charter
20school shall be limited to one campus. The changes made to this
21Section by Public Act 93-3 do not apply to charter schools
22existing or approved on or before April 16, 2003 (the effective
23date of Public Act 93-3).
24    (b-5) In this subsection (b-5), "virtual-schooling" means
25a cyber school where students engage in online curriculum and

 

 

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1instruction via the Internet and electronic communication with
2their teachers at remote locations and with students
3participating at different times.
4    From April 1, 2013 through December 31, 2016, there is a
5moratorium on the establishment of charter schools with
6virtual-schooling components in school districts other than a
7school district organized under Article 34 of this Code. This
8moratorium does not apply to a charter school with
9virtual-schooling components existing or approved prior to
10April 1, 2013 or to the renewal of the charter of a charter
11school with virtual-schooling components already approved
12prior to April 1, 2013.
13    (c) A charter school shall be administered and governed by
14its board of directors or other governing body in the manner
15provided in its charter. The governing body of a charter school
16shall be subject to the Freedom of Information Act and the Open
17Meetings Act. No later than January 1, 2021 (one year after the
18effective date of Public Act 101-291) this amendatory Act of
19the 101st General Assembly, a charter school's board of
20directors or other governing body must include at least one
21parent or guardian of a pupil currently enrolled in the charter
22school who may be selected through the charter school or a
23charter network election, appointment by the charter school's
24board of directors or other governing body, or by the charter
25school's Parent Teacher Organization or its equivalent.
26    (c-5) No later than January 1, 2021 (one year after the

 

 

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1effective date of Public Act 101-291) this amendatory Act of
2the 101st General Assembly or within the first year of his or
3her first term, every voting member of a charter school's board
4of directors or other governing body shall complete a minimum
5of 4 hours of professional development leadership training to
6ensure that each member has sufficient familiarity with the
7board's or governing body's role and responsibilities,
8including financial oversight and accountability of the
9school, evaluating the principal's and school's performance,
10adherence to the Freedom of Information Act and the Open
11Meetings Act Acts, and compliance with education and labor law.
12In each subsequent year of his or her term, a voting member of
13a charter school's board of directors or other governing body
14shall complete a minimum of 2 hours of professional development
15training in these same areas. The training under this
16subsection may be provided or certified by a statewide charter
17school membership association or may be provided or certified
18by other qualified providers approved by the State Board of
19Education.
20    (d) For purposes of this subsection (d), "non-curricular
21health and safety requirement" means any health and safety
22requirement created by statute or rule to provide, maintain,
23preserve, or safeguard safe or healthful conditions for
24students and school personnel or to eliminate, reduce, or
25prevent threats to the health and safety of students and school
26personnel. "Non-curricular health and safety requirement" does

 

 

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1not include any course of study or specialized instructional
2requirement for which the State Board has established goals and
3learning standards or which is designed primarily to impart
4knowledge and skills for students to master and apply as an
5outcome of their education.
6    A charter school shall comply with all non-curricular
7health and safety requirements applicable to public schools
8under the laws of the State of Illinois. On or before September
91, 2015, the State Board shall promulgate and post on its
10Internet website a list of non-curricular health and safety
11requirements that a charter school must meet. The list shall be
12updated annually no later than September 1. Any charter
13contract between a charter school and its authorizer must
14contain a provision that requires the charter school to follow
15the list of all non-curricular health and safety requirements
16promulgated by the State Board and any non-curricular health
17and safety requirements added by the State Board to such list
18during the term of the charter. Nothing in this subsection (d)
19precludes an authorizer from including non-curricular health
20and safety requirements in a charter school contract that are
21not contained in the list promulgated by the State Board,
22including non-curricular health and safety requirements of the
23authorizing local school board.
24    (e) Except as otherwise provided in the School Code, a
25charter school shall not charge tuition; provided that a
26charter school may charge reasonable fees for textbooks,

 

 

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1instructional materials, and student activities.
2    (f) A charter school shall be responsible for the
3management and operation of its fiscal affairs including, but
4not limited to, the preparation of its budget. An audit of each
5charter school's finances shall be conducted annually by an
6outside, independent contractor retained by the charter
7school. To ensure financial accountability for the use of
8public funds, on or before December 1 of every year of
9operation, each charter school shall submit to its authorizer
10and the State Board a copy of its audit and a copy of the Form
11990 the charter school filed that year with the federal
12Internal Revenue Service. In addition, if deemed necessary for
13proper financial oversight of the charter school, an authorizer
14may require quarterly financial statements from each charter
15school.
16    (g) A charter school shall comply with all provisions of
17this Article, the Illinois Educational Labor Relations Act, all
18federal and State laws and rules applicable to public schools
19that pertain to special education and the instruction of
20English learners, and its charter. A charter school is exempt
21from all other State laws and regulations in this Code
22governing public schools and local school board policies;
23however, a charter school is not exempt from the following:
24        (1) Sections 10-21.9 and 34-18.5 of this Code regarding
25    criminal history records checks and checks of the Statewide
26    Sex Offender Database and Statewide Murderer and Violent

 

 

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1    Offender Against Youth Database of applicants for
2    employment;
3        (2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and
4    34-84a of this Code regarding discipline of students;
5        (3) the Local Governmental and Governmental Employees
6    Tort Immunity Act;
7        (4) Section 108.75 of the General Not For Profit
8    Corporation Act of 1986 regarding indemnification of
9    officers, directors, employees, and agents;
10        (5) the Abused and Neglected Child Reporting Act;
11        (5.5) subsection (b) of Section 10-23.12 and
12    subsection (b) of Section 34-18.6 of this Code;
13        (6) the Illinois School Student Records Act;
14        (7) Section 10-17a of this Code regarding school report
15    cards;
16        (8) the P-20 Longitudinal Education Data System Act;
17        (9) Section 27-23.7 of this Code regarding bullying
18    prevention;
19        (10) Section 2-3.162 of this Code regarding student
20    discipline reporting;
21        (11) Sections 22-80 and 27-8.1 of this Code;
22        (12) Sections 10-20.60 and 34-18.53 of this Code;
23        (13) Sections 10-20.63 and 34-18.56 of this Code;
24        (14) Section 26-18 of this Code;
25        (15) Section 22-30 of this Code; and
26        (16) Sections 24-12 and 34-85 of this Code; and .

 

 

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1        (17) Section 2-3.12b of this Code.
2    The change made by Public Act 96-104 to this subsection (g)
3is declaratory of existing law.
4    (h) A charter school may negotiate and contract with a
5school district, the governing body of a State college or
6university or public community college, or any other public or
7for-profit or nonprofit private entity for: (i) the use of a
8school building and grounds or any other real property or
9facilities that the charter school desires to use or convert
10for use as a charter school site, (ii) the operation and
11maintenance thereof, and (iii) the provision of any service,
12activity, or undertaking that the charter school is required to
13perform in order to carry out the terms of its charter.
14However, a charter school that is established on or after April
1516, 2003 (the effective date of Public Act 93-3) and that
16operates in a city having a population exceeding 500,000 may
17not contract with a for-profit entity to manage or operate the
18school during the period that commences on April 16, 2003 (the
19effective date of Public Act 93-3) and concludes at the end of
20the 2004-2005 school year. Except as provided in subsection (i)
21of this Section, a school district may charge a charter school
22reasonable rent for the use of the district's buildings,
23grounds, and facilities. Any services for which a charter
24school contracts with a school district shall be provided by
25the district at cost. Any services for which a charter school
26contracts with a local school board or with the governing body

 

 

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1of a State college or university or public community college
2shall be provided by the public entity at cost.
3    (i) In no event shall a charter school that is established
4by converting an existing school or attendance center to
5charter school status be required to pay rent for space that is
6deemed available, as negotiated and provided in the charter
7agreement, in school district facilities. However, all other
8costs for the operation and maintenance of school district
9facilities that are used by the charter school shall be subject
10to negotiation between the charter school and the local school
11board and shall be set forth in the charter.
12    (j) A charter school may limit student enrollment by age or
13grade level.
14    (k) If the charter school is approved by the State Board or
15Commission, then the charter school is its own local education
16agency.
17(Source: P.A. 100-29, eff. 1-1-18; 100-156, eff. 1-1-18;
18100-163, eff. 1-1-18; 100-413, eff. 1-1-18; 100-468, eff.
196-1-18; 100-726, eff. 1-1-19; 100-863, eff. 8-14-18; 101-81,
20eff. 7-12-19; 101-291, eff. 1-1-20; 101-531, eff. 8-23-19;
21101-543, eff. 8-23-19; revised 9-19-19.)
 
22    (Text of Section after amendment by P.A. 101-50)
23    Sec. 27A-5. Charter school; legal entity; requirements.
24    (a) A charter school shall be a public, nonsectarian,
25nonreligious, non-home based, and non-profit school. A charter

 

 

HB5655- 10 -LRB101 16889 CMG 66288 b

1school shall be organized and operated as a nonprofit
2corporation or other discrete, legal, nonprofit entity
3authorized under the laws of the State of Illinois.
4    (b) A charter school may be established under this Article
5by creating a new school or by converting an existing public
6school or attendance center to charter school status. Beginning
7on April 16, 2003 (the effective date of Public Act 93-3), in
8all new applications to establish a charter school in a city
9having a population exceeding 500,000, operation of the charter
10school shall be limited to one campus. The changes made to this
11Section by Public Act 93-3 do not apply to charter schools
12existing or approved on or before April 16, 2003 (the effective
13date of Public Act 93-3).
14    (b-5) In this subsection (b-5), "virtual-schooling" means
15a cyber school where students engage in online curriculum and
16instruction via the Internet and electronic communication with
17their teachers at remote locations and with students
18participating at different times.
19    From April 1, 2013 through December 31, 2016, there is a
20moratorium on the establishment of charter schools with
21virtual-schooling components in school districts other than a
22school district organized under Article 34 of this Code. This
23moratorium does not apply to a charter school with
24virtual-schooling components existing or approved prior to
25April 1, 2013 or to the renewal of the charter of a charter
26school with virtual-schooling components already approved

 

 

HB5655- 11 -LRB101 16889 CMG 66288 b

1prior to April 1, 2013.
2    (c) A charter school shall be administered and governed by
3its board of directors or other governing body in the manner
4provided in its charter. The governing body of a charter school
5shall be subject to the Freedom of Information Act and the Open
6Meetings Act. No later than January 1, 2021 (one year after the
7effective date of Public Act 101-291) this amendatory Act of
8the 101st General Assembly, a charter school's board of
9directors or other governing body must include at least one
10parent or guardian of a pupil currently enrolled in the charter
11school who may be selected through the charter school or a
12charter network election, appointment by the charter school's
13board of directors or other governing body, or by the charter
14school's Parent Teacher Organization or its equivalent.
15    (c-5) No later than January 1, 2021 (one year after the
16effective date of Public Act 101-291) this amendatory Act of
17the 101st General Assembly or within the first year of his or
18her first term, every voting member of a charter school's board
19of directors or other governing body shall complete a minimum
20of 4 hours of professional development leadership training to
21ensure that each member has sufficient familiarity with the
22board's or governing body's role and responsibilities,
23including financial oversight and accountability of the
24school, evaluating the principal's and school's performance,
25adherence to the Freedom of Information Act and the Open
26Meetings Act Acts, and compliance with education and labor law.

 

 

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1In each subsequent year of his or her term, a voting member of
2a charter school's board of directors or other governing body
3shall complete a minimum of 2 hours of professional development
4training in these same areas. The training under this
5subsection may be provided or certified by a statewide charter
6school membership association or may be provided or certified
7by other qualified providers approved by the State Board of
8Education.
9    (d) For purposes of this subsection (d), "non-curricular
10health and safety requirement" means any health and safety
11requirement created by statute or rule to provide, maintain,
12preserve, or safeguard safe or healthful conditions for
13students and school personnel or to eliminate, reduce, or
14prevent threats to the health and safety of students and school
15personnel. "Non-curricular health and safety requirement" does
16not include any course of study or specialized instructional
17requirement for which the State Board has established goals and
18learning standards or which is designed primarily to impart
19knowledge and skills for students to master and apply as an
20outcome of their education.
21    A charter school shall comply with all non-curricular
22health and safety requirements applicable to public schools
23under the laws of the State of Illinois. On or before September
241, 2015, the State Board shall promulgate and post on its
25Internet website a list of non-curricular health and safety
26requirements that a charter school must meet. The list shall be

 

 

HB5655- 13 -LRB101 16889 CMG 66288 b

1updated annually no later than September 1. Any charter
2contract between a charter school and its authorizer must
3contain a provision that requires the charter school to follow
4the list of all non-curricular health and safety requirements
5promulgated by the State Board and any non-curricular health
6and safety requirements added by the State Board to such list
7during the term of the charter. Nothing in this subsection (d)
8precludes an authorizer from including non-curricular health
9and safety requirements in a charter school contract that are
10not contained in the list promulgated by the State Board,
11including non-curricular health and safety requirements of the
12authorizing local school board.
13    (e) Except as otherwise provided in the School Code, a
14charter school shall not charge tuition; provided that a
15charter school may charge reasonable fees for textbooks,
16instructional materials, and student activities.
17    (f) A charter school shall be responsible for the
18management and operation of its fiscal affairs including, but
19not limited to, the preparation of its budget. An audit of each
20charter school's finances shall be conducted annually by an
21outside, independent contractor retained by the charter
22school. To ensure financial accountability for the use of
23public funds, on or before December 1 of every year of
24operation, each charter school shall submit to its authorizer
25and the State Board a copy of its audit and a copy of the Form
26990 the charter school filed that year with the federal

 

 

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1Internal Revenue Service. In addition, if deemed necessary for
2proper financial oversight of the charter school, an authorizer
3may require quarterly financial statements from each charter
4school.
5    (g) A charter school shall comply with all provisions of
6this Article, the Illinois Educational Labor Relations Act, all
7federal and State laws and rules applicable to public schools
8that pertain to special education and the instruction of
9English learners, and its charter. A charter school is exempt
10from all other State laws and regulations in this Code
11governing public schools and local school board policies;
12however, a charter school is not exempt from the following:
13        (1) Sections 10-21.9 and 34-18.5 of this Code regarding
14    criminal history records checks and checks of the Statewide
15    Sex Offender Database and Statewide Murderer and Violent
16    Offender Against Youth Database of applicants for
17    employment;
18        (2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and
19    34-84a of this Code regarding discipline of students;
20        (3) the Local Governmental and Governmental Employees
21    Tort Immunity Act;
22        (4) Section 108.75 of the General Not For Profit
23    Corporation Act of 1986 regarding indemnification of
24    officers, directors, employees, and agents;
25        (5) the Abused and Neglected Child Reporting Act;
26        (5.5) subsection (b) of Section 10-23.12 and

 

 

HB5655- 15 -LRB101 16889 CMG 66288 b

1    subsection (b) of Section 34-18.6 of this Code;
2        (6) the Illinois School Student Records Act;
3        (7) Section 10-17a of this Code regarding school report
4    cards;
5        (8) the P-20 Longitudinal Education Data System Act;
6        (9) Section 27-23.7 of this Code regarding bullying
7    prevention;
8        (10) Section 2-3.162 of this Code regarding student
9    discipline reporting;
10        (11) Sections 22-80 and 27-8.1 of this Code;
11        (12) Sections 10-20.60 and 34-18.53 of this Code;
12        (13) Sections 10-20.63 and 34-18.56 of this Code;
13        (14) Section 26-18 of this Code;
14        (15) Section 22-30 of this Code; and
15        (16) Sections 24-12 and 34-85 of this Code; .
16        (17) the (16) The Seizure Smart School Act; and .
17        (18) Section 2-3.12b of this Code.
18    The change made by Public Act 96-104 to this subsection (g)
19is declaratory of existing law.
20    (h) A charter school may negotiate and contract with a
21school district, the governing body of a State college or
22university or public community college, or any other public or
23for-profit or nonprofit private entity for: (i) the use of a
24school building and grounds or any other real property or
25facilities that the charter school desires to use or convert
26for use as a charter school site, (ii) the operation and

 

 

HB5655- 16 -LRB101 16889 CMG 66288 b

1maintenance thereof, and (iii) the provision of any service,
2activity, or undertaking that the charter school is required to
3perform in order to carry out the terms of its charter.
4However, a charter school that is established on or after April
516, 2003 (the effective date of Public Act 93-3) and that
6operates in a city having a population exceeding 500,000 may
7not contract with a for-profit entity to manage or operate the
8school during the period that commences on April 16, 2003 (the
9effective date of Public Act 93-3) and concludes at the end of
10the 2004-2005 school year. Except as provided in subsection (i)
11of this Section, a school district may charge a charter school
12reasonable rent for the use of the district's buildings,
13grounds, and facilities. Any services for which a charter
14school contracts with a school district shall be provided by
15the district at cost. Any services for which a charter school
16contracts with a local school board or with the governing body
17of a State college or university or public community college
18shall be provided by the public entity at cost.
19    (i) In no event shall a charter school that is established
20by converting an existing school or attendance center to
21charter school status be required to pay rent for space that is
22deemed available, as negotiated and provided in the charter
23agreement, in school district facilities. However, all other
24costs for the operation and maintenance of school district
25facilities that are used by the charter school shall be subject
26to negotiation between the charter school and the local school

 

 

HB5655- 17 -LRB101 16889 CMG 66288 b

1board and shall be set forth in the charter.
2    (j) A charter school may limit student enrollment by age or
3grade level.
4    (k) If the charter school is approved by the State Board or
5Commission, then the charter school is its own local education
6agency.
7(Source: P.A. 100-29, eff. 1-1-18; 100-156, eff. 1-1-18;
8100-163, eff. 1-1-18; 100-413, eff. 1-1-18; 100-468, eff.
96-1-18; 100-726, eff. 1-1-19; 100-863, eff. 8-14-18; 101-50,
10eff. 7-1-20; 101-81, eff. 7-12-19; 101-291, eff. 1-1-20;
11101-531, eff. 8-23-19; 101-543, eff. 8-23-19; revised
129-19-19.)
 
13    Section 95. No acceleration or delay. Where this Act makes
14changes in a statute that is represented in this Act by text
15that is not yet or no longer in effect (for example, a Section
16represented by multiple versions), the use of that text does
17not accelerate or delay the taking effect of (i) the changes
18made by this Act or (ii) provisions derived from any other
19Public Act.
 
20    Section 99. Effective date. This Act takes effect upon
21becoming law.