HB0330 101ST GENERAL ASSEMBLY

LRB101 00222 AXK 45224 b

101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB0330

Introduced , by Rep. Thaddeus Jones

SYNOPSIS AS INTRODUCED:

105 ILCS 5/27A-5
105 ILCS 25/1	from Ch. 122, par. 1821
105 ILCS 25/1.25 new

Amends the Interscholastic Athletic Organization Act. Creates the High School Interscholastic Association Commission as an executive agency of State government under the direction of the Governor to provide leadership for the development, supervision, and promotion of interscholastic competition and other activities; provides for the membership and powers and duties of the Commission. Provides that beginning with the 2020-2021 school year, no public school, nonpublic school, or charter school in this State with any of grades 9 through 12 may be a member of or pay any dues or fees to an association or other entity that has as one of its purposes promoting, sponsoring, regulating, or in any manner providing for interscholastic athletics or any form of athletic competition among schools and students within this State other than the Commission. Provides that on or before July 1, 2021, and on or before each July 1 thereafter, the Auditor General must perform an audit of the Commission and on or before August 1, 2021, and on or before each August 1 thereafter, the Commission must submit a report to the Governor and the General Assembly on the performance of the Commission that includes, but is not limited to, the results of the audit and information on any contracts entered into by the Commission in the previous year.

FISCAL NOTE ACT MAY APPLY

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

A BILL FOR

AN ACT concerning education.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The School Code is amended by changing Section 27A-5 as follows:

(105 ILCS 5/27A-5)

Sec. 27A-5. Charter school; legal entity; requirements.

(a) A charter school shall be a public, nonsectarian, nonreligious, non-home based, and non-profit school. A charter school shall be organized and operated as a nonprofit corporation or other discrete, legal, nonprofit entity authorized under the laws of the State of Illinois.

(b) A charter school may be established under this Article by creating a new school or by converting an existing public school or attendance center to charter school status. Beginning on April 16, 2003 (the effective date of Public Act 93-3), in all new applications to establish a charter school in a city having a population exceeding 500,000, operation of the charter school shall be limited to one campus. The changes made to this Section by Public Act 93-3 do not apply to charter schools existing or approved on or before April 16, 2003 (the effective date of Public Act 93-3).

(b-5) In this subsection (b-5), "virtual-schooling" means a cyber school where students engage in online curriculum and instruction via the Internet and electronic communication with their teachers at remote locations and with students participating at different times.

From April 1, 2013 through December 31, 2016, there is a moratorium on the establishment of charter schools with virtual-schooling components in school districts other than a school district organized under Article 34 of this Code. This moratorium does not apply to a charter school with virtual-schooling components existing or approved prior to April 1, 2013 or to the renewal of the charter of a charter school with virtual-schooling components already approved prior to April 1, 2013.

On or before March 1, 2014, the Commission shall submit to the General Assembly a report on the effect of virtual-schooling, including without limitation the effect on student performance, the costs associated with virtual-schooling, and issues with oversight. The report shall include policy recommendations for virtual-schooling.

(c) A charter school shall be administered and governed by its board of directors or other governing body in the manner provided in its charter. The governing body of a charter school shall be subject to the Freedom of Information Act and the Open Meetings Act.

(d) For purposes of this subsection (d), "non-curricular health and safety requirement" means any health and safety requirement created by statute or rule to provide, maintain, preserve, or safeguard safe or healthful conditions for students and school personnel or to eliminate, reduce, or prevent threats to the health and safety of students and school personnel. "Non-curricular health and safety requirement" does not include any course of study or specialized instructional requirement for which the State Board has established goals and learning standards or which is designed primarily to impart knowledge and skills for students to master and apply as an outcome of their education.

A charter school shall comply with all non-curricular health and safety requirements applicable to public schools under the laws of the State of Illinois. On or before September 1, 2015, the State Board shall promulgate and post on its Internet website a list of non-curricular health and safety requirements that a charter school must meet. The list shall be updated annually no later than September 1. Any charter contract between a charter school and its authorizer must contain a provision that requires the charter school to follow the list of all non-curricular health and safety requirements promulgated by the State Board and any non-curricular health and safety requirements added by the State Board to such list during the term of the charter. Nothing in this subsection (d) precludes an authorizer from including non-curricular health and safety requirements in a charter school contract that are not contained in the list promulgated by the State Board, including non-curricular health and safety requirements of the authorizing local school board.

(e) Except as otherwise provided in the School Code, a charter school shall not charge tuition; provided that a charter school may charge reasonable fees for textbooks, instructional materials, and student activities.

(f) A charter school shall be responsible for the management and operation of its fiscal affairs including, but not limited to, the preparation of its budget. An audit of each charter school's finances shall be conducted annually by an outside, independent contractor retained by the charter school. To ensure financial accountability for the use of public funds, on or before December 1 of every year of operation, each charter school shall submit to its authorizer and the State Board a copy of its audit and a copy of the Form 990 the charter school filed that year with the federal Internal Revenue Service. In addition, if deemed necessary for proper financial oversight of the charter school, an authorizer may require quarterly financial statements from each charter school.

(g) A charter school shall comply with all provisions of this Article, the Illinois Educational Labor Relations Act, all federal and State laws and rules applicable to public schools that pertain to special education and the instruction of English learners, and its charter. A charter school is exempt from all other State laws and regulations in this Code governing public schools and local school board policies; however, a charter school is not exempt from the following:

(1) Sections 10-21.9 and 34-18.5 of this Code regarding criminal history records checks and checks of the Statewide Sex Offender Database and Statewide Murderer and Violent Offender Against Youth Database of applicants for employment;

(2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and 34-84a of this Code regarding discipline of students;

(3) the Local Governmental and Governmental Employees Tort Immunity Act;

(4) Section 108.75 of the General Not For Profit Corporation Act of 1986 regarding indemnification of officers, directors, employees, and agents;

(5) the Abused and Neglected Child Reporting Act;

(5.5) subsection (b) of Section 10-23.12 and subsection (b) of Section 34-18.6 of this Code;

(6) the Illinois School Student Records Act;

(7) Section 10-17a of this Code regarding school report cards;

(8) the P-20 Longitudinal Education Data System Act;

(9) Section 27-23.7 of this Code regarding bullying prevention;

(10) Section 2-3.162 of this Code regarding student discipline reporting;

(11) Sections 22-80 and 27-8.1 of this Code;

(12) Sections 10-20.60 and 34-18.53 of this Code;

(13) Sections 10-20.63 and 34-18.56 of this Code; and

(14) Section 26-18 of this Code; and

(15) Section 22-30 of this Code; and .

(16) The Interscholastic Athletic Organization Act.

The change made by Public Act 96-104 to this subsection (g) is declaratory of existing law.

(h) A charter school may negotiate and contract with a school district, the governing body of a State college or university or public community college, or any other public or for-profit or nonprofit private entity for: (i) the use of a school building and grounds or any other real property or facilities that the charter school desires to use or convert for use as a charter school site, (ii) the operation and maintenance thereof, and (iii) the provision of any service, activity, or undertaking that the charter school is required to perform in order to carry out the terms of its charter. However, a charter school that is established on or after April 16, 2003 (the effective date of Public Act 93-3) and that operates in a city having a population exceeding 500,000 may not contract with a for-profit entity to manage or operate the school during the period that commences on April 16, 2003 (the effective date of Public Act 93-3) and concludes at the end of the 2004-2005 school year. Except as provided in subsection (i) of this Section, a school district may charge a charter school reasonable rent for the use of the district's buildings, grounds, and facilities. Any services for which a charter school contracts with a school district shall be provided by the district at cost. Any services for which a charter school contracts with a local school board or with the governing body of a State college or university or public community college shall be provided by the public entity at cost.

(i) In no event shall a charter school that is established by converting an existing school or attendance center to charter school status be required to pay rent for space that is deemed available, as negotiated and provided in the charter agreement, in school district facilities. However, all other costs for the operation and maintenance of school district facilities that are used by the charter school shall be subject to negotiation between the charter school and the local school board and shall be set forth in the charter.

(j) A charter school may limit student enrollment by age or grade level.

(k) If the charter school is approved by the Commission, then the Commission charter school is its own local education agency.

(Source: P.A. 99-30, eff. 7-10-15; 99-78, eff. 7-20-15; 99-245, eff. 8-3-15; 99-325, eff. 8-10-15; 99-456, eff. 9-15-16; 99-642, eff. 7-28-16; 99-927, eff. 6-1-17; 100-29, eff. 1-1-18; 100-156, eff. 1-1-18; 100-163, eff. 1-1-18; 100-413, eff. 1-1-18; 100-468, eff. 6-1-18; 100-726, eff. 1-1-19; 100-863, eff. 8-14-18; revised 10-5-18.)

Section 10. The Interscholastic Athletic Organization Act is amended by changing Section 1 and by adding Section 1.25 as follows:

(105 ILCS 25/1) (from Ch. 122, par. 1821)

Sec. 1. No membership or other dues or fees shall be paid by the governing body of any public elementary or public secondary school in this State to any association or other entity which has as one of its purposes promoting, sponsoring, regulating or in any manner providing for interscholastic athletics or any form of athletic competition among schools and students within this State if such association or other entity adopts or maintains in effect any bylaw, rule, regulation or policy which designates or requires a member to designate its school principal or any other school administrator as the representative of the member who alone is entitled to cast the vote of the member on any matter coming before such association or entity which is to be determined by a vote of its general membership; provided, that the provisions of this Section shall not apply if the bylaws, rules, regulations or policies of such association or entity, as adopted and applied: (i) authorize the governing board of each secondary school which is a member of the association or entity to appoint, as the allotted representative of such secondary school entitled to cast its vote on any matter coming before the association or entity which is to be determined by a vote of its general membership, any coach, athletic director, teacher, principal or other school administrator employed at the secondary school which the governing body chooses to appoint as such representative, and (ii) provide that if no representative of a member is so appointed by its governing body, that the school principal of the member shall be its representative authorized to cast its vote unless and until the governing body shall otherwise appoint.

This Section does not apply to secondary schools beginning with the 2020-2021 school year.

(Source: P.A. 85-656.)

(105 ILCS 25/1.25 new)

Sec. 1.25. High School Interscholastic Association Commission.

(a) In this Section, "Commission" means the High School Interscholastic Association Commission.

(b) Beginning with the 2020-2021 school year, no public school, nonpublic school, or charter school in this State with any of grades 9 through 12 may be a member of or pay any dues or fees to an association or other entity that has as one of its purposes promoting, sponsoring, regulating, or in any manner providing for interscholastic athletics in any of grades 9 through 12 or any form of athletic competition in any of grades 9 through 12 among schools and students within this State other than the Commission created under this Section.

(c) The High School Interscholastic Association Commission is created as an executive agency of State government under the direction of the Governor to provide leadership for the development, supervision, and promotion of interscholastic competition and other activities. Any reference in this Act or in any other law to the Illinois High School Association or its Board of Directors shall be deemed to mean and to be a reference to the Commission. The Commission shall consist of 5 members who each represent a different region of this State, appointed as follows:

(1) one member, who shall serve as the chairperson, appointed by the Governor;

(2) one member appointed by the Speaker of the House of Representatives;

(3) one member appointed by the President of the Senate;

(4) one member appointed by the Minority Leader of the House of Representatives; and

(5) one member appointed by the Minority Leader of the Senate.

Each member shall serve a 3-year term, and any vacancies in membership must be filled in the same manner as the original appointment. Members of the Commission are not entitled to compensation, but shall receive reimbursement for actual expenses incurred in the performance of their duties. The Commission shall meet at the call of the chairperson. Subject to appropriation, the Office of the Governor shall provide administrative and other support to the Commission.

(d) In addition to the powers and duties created under this Act, the Commission has all of the following powers and duties:

(1) To organize and conduct statewide interscholastic activities as may or may not lead to State championships and to establish terms and conditions for those activities.

(2) To establish and publish criteria to be followed in the selection of a school to host State tournament events.

(3) To create athletic or school by-laws and any other rules necessary to perform its function.

The Commission may call upon specialists from the high school field for technical or other advice and assistance as may be necessary.

(e) On or before July 1, 2021, and on or before each July 1 thereafter, the Auditor General must perform a compliance, financial, and performance audit of the Commission in accordance with the Illinois State Auditing Act. The audit may include, but is not limited to, an examination of specific management or cost efficiencies, specific program objectives, procedures, or functions, or responsibilities or duties of the Commission.

(f) On or before August 1, 2021, and on or before each August 1 thereafter, the Commission must submit a report to the Governor and the General Assembly on the performance of the Commission. The report must include, but is not limited to, the results of the audit conducted under subsection (e) of this Section and information on any contracts entered into by the Commission in the previous year. The report to the General Assembly shall be filed with the Clerk of the House of Representatives and the Secretary of the Senate in electronic form only, in the manner the Clerk and the Secretary shall direct.