103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB4417

 

Introduced 1/16/2024, by Rep. Gregg Johnson

 

SYNOPSIS AS INTRODUCED:
 
105 ILCS 5/27-23.17 new
105 ILCS 5/27A-5

    Amends the Course of Study Article of the School Code. Provides that all public high schools, including charter schools, shall designate and annually observe a week known as "Workplace Readiness Week". Provides that students shall be provided information on their rights as workers during that week, and sets forth what information must be included. Provides that for students in grades 11 and 12, the information shall be integrated into the regular school program but may also be provided during special events after regular school hours. Effective immediately.


LRB103 34712 RJT 64559 b

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT
MAY APPLY

 

 

A BILL FOR

 

HB4417LRB103 34712 RJT 64559 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
527-23.17 and by changing Section 27A-5 as follows:
 
6    (105 ILCS 5/27-23.17 new)
7    Sec. 27-23.17. Workplace Readiness Week.
8    (a) Beginning with the 2024-2025 school year, all public
9high schools, including charter schools, shall designate and
10annually observe a week known as "Workplace Readiness Week".
11During that week, students shall be provided information on
12their rights as workers. The topics covered shall include, but
13are not limited to, local, State, and federal laws regarding
14each of the following areas and shall include the labor
15movement's role in winning the protections and benefits
16described in those areas:
17        (1) Prohibitions against misclassification of
18    employees as independent contractors.
19        (2) Child labor.
20        (3) Wage and hour protections.
21        (4) Worker safety.
22        (5) Workers' compensation.
23        (6) Unemployment insurance.

 

 

HB4417- 2 -LRB103 34712 RJT 64559 b

1        (7) Paid sick leave and paid family leave.
2        (8) The right to organize a union in the workplace.
3        (9) Prohibitions against retaliation by employers when
4    workers exercise their rights as workers or any other
5    rights guaranteed by law.
6    During Workplace Readiness Week, students shall also be
7provided information introducing them to State-approved
8apprenticeship programs, how to access them, the variety of
9programs available, and how they can provide an alternative
10career path for those students who choose not to attend a
11traditional higher education program.
12    (b) For students in grades 11 and 12, the information
13required to be provided in subsection (a) shall be integrated
14into the regular school program but may also be provided
15during special events after regular school hours. Integration
16into the regular school program is encouraged, but not
17required, to occur during Workplace Readiness Week.
 
18    (105 ILCS 5/27A-5)
19    (Text of Section before amendment by P.A. 102-466 and
20103-472)
21    Sec. 27A-5. Charter school; legal entity; requirements.
22    (a) A charter school shall be a public, nonsectarian,
23nonreligious, non-home based, and non-profit school. A charter
24school shall be organized and operated as a nonprofit
25corporation or other discrete, legal, nonprofit entity

 

 

HB4417- 3 -LRB103 34712 RJT 64559 b

1authorized under the laws of the State of Illinois.
2    (b) A charter school may be established under this Article
3by creating a new school or by converting an existing public
4school or attendance center to charter school status. In all
5new applications to establish a charter school in a city
6having a population exceeding 500,000, operation of the
7charter school shall be limited to one campus. This limitation
8does not apply to charter schools existing or approved on or
9before April 16, 2003.
10    (b-5) (Blank).
11    (c) A charter school shall be administered and governed by
12its board of directors or other governing body in the manner
13provided in its charter. The governing body of a charter
14school shall be subject to the Freedom of Information Act and
15the Open Meetings Act. A charter school's board of directors
16or other governing body must include at least one parent or
17guardian of a pupil currently enrolled in the charter school
18who may be selected through the charter school or a charter
19network election, appointment by the charter school's board of
20directors or other governing body, or by the charter school's
21Parent Teacher Organization or its equivalent.
22    (c-5) No later than January 1, 2021 or within the first
23year of his or her first term, every voting member of a charter
24school's board of directors or other governing body shall
25complete a minimum of 4 hours of professional development
26leadership training to ensure that each member has sufficient

 

 

HB4417- 4 -LRB103 34712 RJT 64559 b

1familiarity with the board's or governing body's role and
2responsibilities, including financial oversight and
3accountability of the school, evaluating the principal's and
4school's performance, adherence to the Freedom of Information
5Act and the Open Meetings Act, and compliance with education
6and labor law. In each subsequent year of his or her term, a
7voting member of a charter school's board of directors or
8other governing body shall complete a minimum of 2 hours of
9professional development training in these same areas. The
10training under this subsection may be provided or certified by
11a statewide charter school membership association or may be
12provided or certified by other qualified providers approved by
13the State Board.
14    (d) For purposes of this subsection (d), "non-curricular
15health and safety requirement" means any health and safety
16requirement created by statute or rule to provide, maintain,
17preserve, or safeguard safe or healthful conditions for
18students and school personnel or to eliminate, reduce, or
19prevent threats to the health and safety of students and
20school personnel. "Non-curricular health and safety
21requirement" does not include any course of study or
22specialized instructional requirement for which the State
23Board has established goals and learning standards or which is
24designed primarily to impart knowledge and skills for students
25to master and apply as an outcome of their education.
26    A charter school shall comply with all non-curricular

 

 

HB4417- 5 -LRB103 34712 RJT 64559 b

1health and safety requirements applicable to public schools
2under the laws of the State of Illinois. The State Board shall
3promulgate and post on its Internet website a list of
4non-curricular health and safety requirements that a charter
5school must meet. The list shall be updated annually no later
6than September 1. Any charter contract between a charter
7school and its authorizer must contain a provision that
8requires the charter school to follow the list of all
9non-curricular health and safety requirements promulgated by
10the State Board and any non-curricular health and safety
11requirements added by the State Board to such list during the
12term of the charter. Nothing in this subsection (d) precludes
13an authorizer from including non-curricular health and safety
14requirements in a charter school contract that are not
15contained in the list promulgated by the State Board,
16including non-curricular health and safety requirements of the
17authorizing local school board.
18    (e) Except as otherwise provided in the School Code, a
19charter school shall not charge tuition; provided that a
20charter school may charge reasonable fees for textbooks,
21instructional materials, and student activities.
22    (f) A charter school shall be responsible for the
23management and operation of its fiscal affairs, including, but
24not limited to, the preparation of its budget. An audit of each
25charter school's finances shall be conducted annually by an
26outside, independent contractor retained by the charter

 

 

HB4417- 6 -LRB103 34712 RJT 64559 b

1school. The contractor shall not be an employee of the charter
2school or affiliated with the charter school or its authorizer
3in any way, other than to audit the charter school's finances.
4To ensure financial accountability for the use of public
5funds, on or before December 1 of every year of operation, each
6charter school shall submit to its authorizer and the State
7Board a copy of its audit and a copy of the Form 990 the
8charter school filed that year with the federal Internal
9Revenue Service. In addition, if deemed necessary for proper
10financial oversight of the charter school, an authorizer may
11require quarterly financial statements from each charter
12school.
13    (g) A charter school shall comply with all provisions of
14this Article, the Illinois Educational Labor Relations Act,
15all federal and State laws and rules applicable to public
16schools that pertain to special education and the instruction
17of English learners, and its charter. A charter school is
18exempt from all other State laws and regulations in this Code
19governing public schools and local school board policies;
20however, a charter school is not exempt from the following:
21        (1) Sections 10-21.9 and 34-18.5 of this Code
22    regarding criminal history records checks and checks of
23    the Statewide Sex Offender Database and Statewide Murderer
24    and Violent Offender Against Youth Database of applicants
25    for employment;
26        (2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and

 

 

HB4417- 7 -LRB103 34712 RJT 64559 b

1    34-84a of this Code regarding discipline of students;
2        (3) the Local Governmental and Governmental Employees
3    Tort Immunity Act;
4        (4) Section 108.75 of the General Not For Profit
5    Corporation Act of 1986 regarding indemnification of
6    officers, directors, employees, and agents;
7        (5) the Abused and Neglected Child Reporting Act;
8        (5.5) subsection (b) of Section 10-23.12 and
9    subsection (b) of Section 34-18.6 of this Code;
10        (6) the Illinois School Student Records Act;
11        (7) Section 10-17a of this Code regarding school
12    report cards;
13        (8) the P-20 Longitudinal Education Data System Act;
14        (9) Section 27-23.7 of this Code regarding bullying
15    prevention;
16        (10) Section 2-3.162 of this Code regarding student
17    discipline reporting;
18        (11) Sections 22-80 and 27-8.1 of this Code;
19        (12) Sections 10-20.60 and 34-18.53 of this Code;
20        (13) Sections 10-20.63 and 34-18.56 of this Code;
21        (14) Sections 22-90 and 26-18 of this Code;
22        (15) Section 22-30 of this Code;
23        (16) Sections 24-12 and 34-85 of this Code;
24        (17) the Seizure Smart School Act;
25        (18) Section 2-3.64a-10 of this Code;
26        (19) Sections 10-20.73 and 34-21.9 of this Code;

 

 

HB4417- 8 -LRB103 34712 RJT 64559 b

1        (20) Section 10-22.25b of this Code;
2        (21) Section 27-9.1a of this Code;
3        (22) Section 27-9.1b of this Code;
4        (23) Section 34-18.8 of this Code;
5        (25) Section 2-3.188 of this Code;
6        (26) Section 22-85.5 of this Code;
7        (27) subsections (d-10), (d-15), and (d-20) of Section
8    10-20.56 of this Code;
9        (28) Sections 10-20.83 and 34-18.78 of this Code;
10        (29) Section 10-20.13 of this Code;
11        (30) Section 28-19.2 of this Code;
12        (31) Section 34-21.6 of this Code; and
13        (32) Section 22-85.10 of this Code; and .
14        (37) Section 27-23.17 of this Code.
15    The change made by Public Act 96-104 to this subsection
16(g) is declaratory of existing law.
17    (h) A charter school may negotiate and contract with a
18school district, the governing body of a State college or
19university or public community college, or any other public or
20for-profit or nonprofit private entity for: (i) the use of a
21school building and grounds or any other real property or
22facilities that the charter school desires to use or convert
23for use as a charter school site, (ii) the operation and
24maintenance thereof, and (iii) the provision of any service,
25activity, or undertaking that the charter school is required
26to perform in order to carry out the terms of its charter.

 

 

HB4417- 9 -LRB103 34712 RJT 64559 b

1Except as provided in subsection (i) of this Section, a school
2district may charge a charter school reasonable rent for the
3use of the district's buildings, grounds, and facilities. Any
4services for which a charter school contracts with a school
5district shall be provided by the district at cost. Any
6services for which a charter school contracts with a local
7school board or with the governing body of a State college or
8university or public community college shall be provided by
9the public entity at cost.
10    (i) In no event shall a charter school that is established
11by converting an existing school or attendance center to
12charter school status be required to pay rent for space that is
13deemed available, as negotiated and provided in the charter
14agreement, in school district facilities. However, all other
15costs for the operation and maintenance of school district
16facilities that are used by the charter school shall be
17subject to negotiation between the charter school and the
18local school board and shall be set forth in the charter.
19    (j) A charter school may limit student enrollment by age
20or grade level.
21    (k) If the charter school is authorized by the State
22Board, then the charter school is its own local education
23agency.
24(Source: P.A. 102-51, eff. 7-9-21; 102-157, eff. 7-1-22;
25102-360, eff. 1-1-22; 102-445, eff. 8-20-21; 102-522, eff.
268-20-21; 102-558, eff. 8-20-21; 102-676, eff. 12-3-21;

 

 

HB4417- 10 -LRB103 34712 RJT 64559 b

1102-697, eff. 4-5-22; 102-702, eff. 7-1-23; 102-805, eff.
21-1-23; 102-813, eff. 5-13-22; 103-154, eff. 6-30-23; 103-175,
3eff. 6-30-23.)
 
4    (Text of Section after amendment by P.A. 103-472 but
5before amendment by P.A. 102-466)
6    Sec. 27A-5. Charter school; legal entity; requirements.
7    (a) A charter school shall be a public, nonsectarian,
8nonreligious, non-home based, and non-profit school. A charter
9school shall be organized and operated as a nonprofit
10corporation or other discrete, legal, nonprofit entity
11authorized under the laws of the State of Illinois.
12    (b) A charter school may be established under this Article
13by creating a new school or by converting an existing public
14school or attendance center to charter school status. In all
15new applications to establish a charter school in a city
16having a population exceeding 500,000, operation of the
17charter school shall be limited to one campus. This limitation
18does not apply to charter schools existing or approved on or
19before April 16, 2003.
20    (b-5) (Blank).
21    (c) A charter school shall be administered and governed by
22its board of directors or other governing body in the manner
23provided in its charter. The governing body of a charter
24school shall be subject to the Freedom of Information Act and
25the Open Meetings Act. A charter school's board of directors

 

 

HB4417- 11 -LRB103 34712 RJT 64559 b

1or other governing body must include at least one parent or
2guardian of a pupil currently enrolled in the charter school
3who may be selected through the charter school or a charter
4network election, appointment by the charter school's board of
5directors or other governing body, or by the charter school's
6Parent Teacher Organization or its equivalent.
7    (c-5) No later than January 1, 2021 or within the first
8year of his or her first term, every voting member of a charter
9school's board of directors or other governing body shall
10complete a minimum of 4 hours of professional development
11leadership training to ensure that each member has sufficient
12familiarity with the board's or governing body's role and
13responsibilities, including financial oversight and
14accountability of the school, evaluating the principal's and
15school's performance, adherence to the Freedom of Information
16Act and the Open Meetings Act, and compliance with education
17and labor law. In each subsequent year of his or her term, a
18voting member of a charter school's board of directors or
19other governing body shall complete a minimum of 2 hours of
20professional development training in these same areas. The
21training under this subsection may be provided or certified by
22a statewide charter school membership association or may be
23provided or certified by other qualified providers approved by
24the State Board.
25    (d) For purposes of this subsection (d), "non-curricular
26health and safety requirement" means any health and safety

 

 

HB4417- 12 -LRB103 34712 RJT 64559 b

1requirement created by statute or rule to provide, maintain,
2preserve, or safeguard safe or healthful conditions for
3students and school personnel or to eliminate, reduce, or
4prevent threats to the health and safety of students and
5school personnel. "Non-curricular health and safety
6requirement" does not include any course of study or
7specialized instructional requirement for which the State
8Board has established goals and learning standards or which is
9designed primarily to impart knowledge and skills for students
10to master and apply as an outcome of their education.
11    A charter school shall comply with all non-curricular
12health and safety requirements applicable to public schools
13under the laws of the State of Illinois. The State Board shall
14promulgate and post on its Internet website a list of
15non-curricular health and safety requirements that a charter
16school must meet. The list shall be updated annually no later
17than September 1. Any charter contract between a charter
18school and its authorizer must contain a provision that
19requires the charter school to follow the list of all
20non-curricular health and safety requirements promulgated by
21the State Board and any non-curricular health and safety
22requirements added by the State Board to such list during the
23term of the charter. Nothing in this subsection (d) precludes
24an authorizer from including non-curricular health and safety
25requirements in a charter school contract that are not
26contained in the list promulgated by the State Board,

 

 

HB4417- 13 -LRB103 34712 RJT 64559 b

1including non-curricular health and safety requirements of the
2authorizing local school board.
3    (e) Except as otherwise provided in the School Code, a
4charter school shall not charge tuition; provided that a
5charter school may charge reasonable fees for textbooks,
6instructional materials, and student activities.
7    (f) A charter school shall be responsible for the
8management and operation of its fiscal affairs, including, but
9not limited to, the preparation of its budget. An audit of each
10charter school's finances shall be conducted annually by an
11outside, independent contractor retained by the charter
12school. The contractor shall not be an employee of the charter
13school or affiliated with the charter school or its authorizer
14in any way, other than to audit the charter school's finances.
15To ensure financial accountability for the use of public
16funds, on or before December 1 of every year of operation, each
17charter school shall submit to its authorizer and the State
18Board a copy of its audit and a copy of the Form 990 the
19charter school filed that year with the federal Internal
20Revenue Service. In addition, if deemed necessary for proper
21financial oversight of the charter school, an authorizer may
22require quarterly financial statements from each charter
23school.
24    (g) A charter school shall comply with all provisions of
25this Article, the Illinois Educational Labor Relations Act,
26all federal and State laws and rules applicable to public

 

 

HB4417- 14 -LRB103 34712 RJT 64559 b

1schools that pertain to special education and the instruction
2of English learners, and its charter. A charter school is
3exempt from all other State laws and regulations in this Code
4governing public schools and local school board policies;
5however, a charter school is not exempt from the following:
6        (1) Sections 10-21.9 and 34-18.5 of this Code
7    regarding criminal history records checks and checks of
8    the Statewide Sex Offender Database and Statewide Murderer
9    and Violent Offender Against Youth Database of applicants
10    for employment;
11        (2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and
12    34-84a of this Code regarding discipline of students;
13        (3) the Local Governmental and Governmental Employees
14    Tort Immunity Act;
15        (4) Section 108.75 of the General Not For Profit
16    Corporation Act of 1986 regarding indemnification of
17    officers, directors, employees, and agents;
18        (5) the Abused and Neglected Child Reporting Act;
19        (5.5) subsection (b) of Section 10-23.12 and
20    subsection (b) of Section 34-18.6 of this Code;
21        (6) the Illinois School Student Records Act;
22        (7) Section 10-17a of this Code regarding school
23    report cards;
24        (8) the P-20 Longitudinal Education Data System Act;
25        (9) Section 27-23.7 of this Code regarding bullying
26    prevention;

 

 

HB4417- 15 -LRB103 34712 RJT 64559 b

1        (10) Section 2-3.162 of this Code regarding student
2    discipline reporting;
3        (11) Sections 22-80 and 27-8.1 of this Code;
4        (12) Sections 10-20.60 and 34-18.53 of this Code;
5        (13) Sections 10-20.63 and 34-18.56 of this Code;
6        (14) Sections 22-90 and 26-18 of this Code;
7        (15) Section 22-30 of this Code;
8        (16) Sections 24-12 and 34-85 of this Code;
9        (17) the Seizure Smart School Act;
10        (18) Section 2-3.64a-10 of this Code;
11        (19) Sections 10-20.73 and 34-21.9 of this Code;
12        (20) Section 10-22.25b of this Code;
13        (21) Section 27-9.1a of this Code;
14        (22) Section 27-9.1b of this Code;
15        (23) Section 34-18.8 of this Code;
16        (25) Section 2-3.188 of this Code;
17        (26) Section 22-85.5 of this Code;
18        (27) subsections (d-10), (d-15), and (d-20) of Section
19    10-20.56 of this Code;
20        (28) Sections 10-20.83 and 34-18.78 of this Code;
21        (29) Section 10-20.13 of this Code;
22        (30) Section 28-19.2 of this Code;
23        (31) Section 34-21.6 of this Code; and
24        (32) Section 22-85.10 of this Code;
25        (33) Section 2-3.196 of this Code;
26        (34) Section 22-95 of this Code;

 

 

HB4417- 16 -LRB103 34712 RJT 64559 b

1        (35) Section 34-18.62 of this Code; and
2        (36) the Illinois Human Rights Act; and .
3        (37) Section 27-23.17 of this Code.
4    The change made by Public Act 96-104 to this subsection
5(g) is declaratory of existing law.
6    (h) A charter school may negotiate and contract with a
7school district, the governing body of a State college or
8university or public community college, or any other public or
9for-profit or nonprofit private entity for: (i) the use of a
10school building and grounds or any other real property or
11facilities that the charter school desires to use or convert
12for use as a charter school site, (ii) the operation and
13maintenance thereof, and (iii) the provision of any service,
14activity, or undertaking that the charter school is required
15to perform in order to carry out the terms of its charter.
16Except as provided in subsection (i) of this Section, a school
17district may charge a charter school reasonable rent for the
18use of the district's buildings, grounds, and facilities. Any
19services for which a charter school contracts with a school
20district shall be provided by the district at cost. Any
21services for which a charter school contracts with a local
22school board or with the governing body of a State college or
23university or public community college shall be provided by
24the public entity at cost.
25    (i) In no event shall a charter school that is established
26by converting an existing school or attendance center to

 

 

HB4417- 17 -LRB103 34712 RJT 64559 b

1charter school status be required to pay rent for space that is
2deemed available, as negotiated and provided in the charter
3agreement, in school district facilities. However, all other
4costs for the operation and maintenance of school district
5facilities that are used by the charter school shall be
6subject to negotiation between the charter school and the
7local school board and shall be set forth in the charter.
8    (j) A charter school may limit student enrollment by age
9or grade level.
10    (k) If the charter school is authorized by the State
11Board, then the charter school is its own local education
12agency.
13(Source: P.A. 102-51, eff. 7-9-21; 102-157, eff. 7-1-22;
14102-360, eff. 1-1-22; 102-445, eff. 8-20-21; 102-522, eff.
158-20-21; 102-558, eff. 8-20-21; 102-676, eff. 12-3-21;
16102-697, eff. 4-5-22; 102-702, eff. 7-1-23; 102-805, eff.
171-1-23; 102-813, eff. 5-13-22; 103-154, eff. 6-30-23; 103-175,
18eff. 6-30-23; 103-472, eff. 8-1-24; revised 8-31-23.)
 
19    (Text of Section after amendment by P.A. 102-466)
20    Sec. 27A-5. Charter school; legal entity; requirements.
21    (a) A charter school shall be a public, nonsectarian,
22nonreligious, non-home based, and non-profit school. A charter
23school shall be organized and operated as a nonprofit
24corporation or other discrete, legal, nonprofit entity
25authorized under the laws of the State of Illinois.

 

 

HB4417- 18 -LRB103 34712 RJT 64559 b

1    (b) A charter school may be established under this Article
2by creating a new school or by converting an existing public
3school or attendance center to charter school status. In all
4new applications to establish a charter school in a city
5having a population exceeding 500,000, operation of the
6charter school shall be limited to one campus. This limitation
7does not apply to charter schools existing or approved on or
8before April 16, 2003.
9    (b-5) (Blank).
10    (c) A charter school shall be administered and governed by
11its board of directors or other governing body in the manner
12provided in its charter. The governing body of a charter
13school shall be subject to the Freedom of Information Act and
14the Open Meetings Act. A charter school's board of directors
15or other governing body must include at least one parent or
16guardian of a pupil currently enrolled in the charter school
17who may be selected through the charter school or a charter
18network election, appointment by the charter school's board of
19directors or other governing body, or by the charter school's
20Parent Teacher Organization or its equivalent.
21    (c-5) No later than January 1, 2021 or within the first
22year of his or her first term, every voting member of a charter
23school's board of directors or other governing body shall
24complete a minimum of 4 hours of professional development
25leadership training to ensure that each member has sufficient
26familiarity with the board's or governing body's role and

 

 

HB4417- 19 -LRB103 34712 RJT 64559 b

1responsibilities, including financial oversight and
2accountability of the school, evaluating the principal's and
3school's performance, adherence to the Freedom of Information
4Act and the Open Meetings Act, and compliance with education
5and labor law. In each subsequent year of his or her term, a
6voting member of a charter school's board of directors or
7other governing body shall complete a minimum of 2 hours of
8professional development training in these same areas. The
9training under this subsection may be provided or certified by
10a statewide charter school membership association or may be
11provided or certified by other qualified providers approved by
12the State Board.
13    (d) For purposes of this subsection (d), "non-curricular
14health and safety requirement" means any health and safety
15requirement created by statute or rule to provide, maintain,
16preserve, or safeguard safe or healthful conditions for
17students and school personnel or to eliminate, reduce, or
18prevent threats to the health and safety of students and
19school personnel. "Non-curricular health and safety
20requirement" does not include any course of study or
21specialized instructional requirement for which the State
22Board has established goals and learning standards or which is
23designed primarily to impart knowledge and skills for students
24to master and apply as an outcome of their education.
25    A charter school shall comply with all non-curricular
26health and safety requirements applicable to public schools

 

 

HB4417- 20 -LRB103 34712 RJT 64559 b

1under the laws of the State of Illinois. The State Board shall
2promulgate and post on its Internet website a list of
3non-curricular health and safety requirements that a charter
4school must meet. The list shall be updated annually no later
5than September 1. Any charter contract between a charter
6school and its authorizer must contain a provision that
7requires the charter school to follow the list of all
8non-curricular health and safety requirements promulgated by
9the State Board and any non-curricular health and safety
10requirements added by the State Board to such list during the
11term of the charter. Nothing in this subsection (d) precludes
12an authorizer from including non-curricular health and safety
13requirements in a charter school contract that are not
14contained in the list promulgated by the State Board,
15including non-curricular health and safety requirements of the
16authorizing local school board.
17    (e) Except as otherwise provided in the School Code, a
18charter school shall not charge tuition; provided that a
19charter school may charge reasonable fees for textbooks,
20instructional materials, and student activities.
21    (f) A charter school shall be responsible for the
22management and operation of its fiscal affairs, including, but
23not limited to, the preparation of its budget. An audit of each
24charter school's finances shall be conducted annually by an
25outside, independent contractor retained by the charter
26school. The contractor shall not be an employee of the charter

 

 

HB4417- 21 -LRB103 34712 RJT 64559 b

1school or affiliated with the charter school or its authorizer
2in any way, other than to audit the charter school's finances.
3To ensure financial accountability for the use of public
4funds, on or before December 1 of every year of operation, each
5charter school shall submit to its authorizer and the State
6Board a copy of its audit and a copy of the Form 990 the
7charter school filed that year with the federal Internal
8Revenue Service. In addition, if deemed necessary for proper
9financial oversight of the charter school, an authorizer may
10require quarterly financial statements from each charter
11school.
12    (g) A charter school shall comply with all provisions of
13this Article, the Illinois Educational Labor Relations Act,
14all federal and State laws and rules applicable to public
15schools that pertain to special education and the instruction
16of English learners, and its charter. A charter school is
17exempt from all other State laws and regulations in this Code
18governing public schools and local school board policies;
19however, 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;

 

 

HB4417- 22 -LRB103 34712 RJT 64559 b

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) Sections 22-90 and 26-18 of this Code;
21        (15) Section 22-30 of this Code;
22        (16) Sections 24-12 and 34-85 of this Code;
23        (17) the Seizure Smart School Act;
24        (18) Section 2-3.64a-10 of this Code;
25        (19) Sections 10-20.73 and 34-21.9 of this Code;
26        (20) Section 10-22.25b of this Code;

 

 

HB4417- 23 -LRB103 34712 RJT 64559 b

1        (21) Section 27-9.1a of this Code;
2        (22) Section 27-9.1b of this Code;
3        (23) Section 34-18.8 of this Code;
4        (24) Article 26A of this Code;
5        (25) Section 2-3.188 of this Code;
6        (26) Section 22-85.5 of this Code;
7        (27) subsections (d-10), (d-15), and (d-20) of Section
8    10-20.56 of this Code;
9        (28) Sections 10-20.83 and 34-18.78 of this Code;
10        (29) Section 10-20.13 of this Code;
11        (30) Section 28-19.2 of this Code;
12        (31) Section 34-21.6 of this Code; and
13        (32) Section 22-85.10 of this Code;
14        (33) Section 2-3.196 of this Code;
15        (34) Section 22-95 of this Code;
16        (35) Section 34-18.62 of this Code; and
17        (36) the Illinois Human Rights Act; and
.
18        (37) Section 27-23.17 of this Code.
19    The change made by Public Act 96-104 to this subsection
20(g) is declaratory of existing law.
21    (h) A charter school may negotiate and contract with a
22school district, the governing body of a State college or
23university or public community college, or any other public or
24for-profit or nonprofit private entity for: (i) the use of a
25school building and grounds or any other real property or
26facilities that the charter school desires to use or convert

 

 

HB4417- 24 -LRB103 34712 RJT 64559 b

1for use as a charter school site, (ii) the operation and
2maintenance thereof, and (iii) the provision of any service,
3activity, or undertaking that the charter school is required
4to perform in order to carry out the terms of its charter.
5Except as provided in subsection (i) of this Section, a school
6district may charge a charter school reasonable rent for the
7use of the district's buildings, grounds, and facilities. Any
8services for which a charter school contracts with a school
9district shall be provided by the district at cost. Any
10services for which a charter school contracts with a local
11school board or with the governing body of a State college or
12university or public community college shall be provided by
13the public entity at cost.
14    (i) In no event shall a charter school that is established
15by converting an existing school or attendance center to
16charter school status be required to pay rent for space that is
17deemed available, as negotiated and provided in the charter
18agreement, in school district facilities. However, all other
19costs for the operation and maintenance of school district
20facilities that are used by the charter school shall be
21subject to negotiation between the charter school and the
22local school board and shall be set forth in the charter.
23    (j) A charter school may limit student enrollment by age
24or grade level.
25    (k) If the charter school is authorized by the State
26Board, then the charter school is its own local education

 

 

HB4417- 25 -LRB103 34712 RJT 64559 b

1agency.
2(Source: P.A. 102-51, eff. 7-9-21; 102-157, eff. 7-1-22;
3102-360, eff. 1-1-22; 102-445, eff. 8-20-21; 102-466, eff.
47-1-25; 102-522, eff. 8-20-21; 102-558, eff. 8-20-21; 102-676,
5eff. 12-3-21; 102-697, eff. 4-5-22; 102-702, eff. 7-1-23;
6102-805, eff. 1-1-23; 102-813, eff. 5-13-22; 103-154, eff.
76-30-23; 103-175, eff. 6-30-23; 103-472, eff. 8-1-24; revised
88-31-23.)
 
9    Section 95. No acceleration or delay. Where this Act makes
10changes in a statute that is represented in this Act by text
11that is not yet or no longer in effect (for example, a Section
12represented by multiple versions), the use of that text does
13not accelerate or delay the taking effect of (i) the changes
14made by this Act or (ii) provisions derived from any other
15Public Act.
 
16    Section 99. Effective date. This Act takes effect upon
17becoming law.