Full Text of HB1357 103rd General Assembly
HB1357 103RD GENERAL ASSEMBLY |
| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 HB1357 Introduced 1/31/2023, by Rep. Terra Costa Howard SYNOPSIS AS INTRODUCED: |
| 105 ILCS 5/2-3.162a new | | 105 ILCS 5/10-27.1C new | | 105 ILCS 5/27A-5 | |
105 ILCS 5/34-8.07 new | |
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Amends the School Code. Each school year, beginning with the 2023-2024 school year, requires a school board and charter school to collect data on student referrals to law enforcement and school-related arrests of students and on the reason for referring students to law enforcement and school-related arrests of students and submit that data annually to the State Board of Education. Requires the State Board to prepare a report (to be posted on the State Board's website) on student referrals to law enforcement and school-related arrests of students in all school districts and charter schools in this State for each school year, beginning with the 2023-2024 school year. Sets forth what the report must include. Provides that, before July 1 following the posting of a report, the State Board of Education shall identify those public schools and charter schools that are within the top 20% of schools with respect to the number of student referrals to law enforcement and school-related arrests of students and require each of the identified schools to submit a referral and arrest improvement plan identifying the strategies the school will implement to reduce the use of student referrals to law enforcement and school-related arrests of students. Provides for a progress report to be submitted. Effective immediately.
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| | | STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY
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| | A BILL FOR |
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| 1 | | AN ACT concerning education.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The School Code is amended by adding Sections | 5 | | 2-3.162a, 10-27.1C, and 34-8.07 and by changing Section 27A-5 | 6 | | as follows: | 7 | | (105 ILCS 5/2-3.162a new) | 8 | | Sec. 2-3.162a. Law enforcement referral and arrest report. | 9 | | (a) The State Board of Education shall prepare a report on | 10 | | student referrals to law enforcement and school-related | 11 | | arrests of students in all school districts and charter | 12 | | schools in this State for each school year, beginning with the | 13 | | 2023-2024 school year. The report shall include data on | 14 | | referrals to law enforcement and school-related arrests | 15 | | required to be submitted by all school districts and charter | 16 | | schools under Sections 10-27.1C, 27A-5, and 34-8.07 of this | 17 | | Code. The report shall include the number of school days and | 18 | | semesters missed by students in each school district and | 19 | | charter school as a result of student referrals to law | 20 | | enforcement and school-related arrests of students. | 21 | | The State Board of Education shall post the report on the | 22 | | State Board's website. | 23 | | (b) Before July 1 following the posting of a report under |
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| 1 | | subsection (a), the State Board of Education shall identify | 2 | | those public schools and charter schools that are within the | 3 | | top 20% of schools with respect to the number of student | 4 | | referrals to law enforcement and school-related arrests of | 5 | | students and require each of the identified schools to submit | 6 | | a referral and arrest improvement plan identifying the | 7 | | strategies the school will implement to reduce the use of | 8 | | student referrals to law enforcement and school-related | 9 | | arrests of students. | 10 | | The referral and arrest improvement plan must be followed | 11 | | by a progress report describing the outcome of the plan that | 12 | | the school must submit to the State Board after the last day of | 13 | | the school year following submission of the plan. | 14 | | (105 ILCS 5/10-27.1C new) | 15 | | Sec. 10-27.1C. Law enforcement referral and arrest data. | 16 | | (a) Each school year, beginning with the 2023-2024 school | 17 | | year, a school board must collect data on student referrals to | 18 | | law enforcement and school-related arrests of students. The | 19 | | school board must also collect data on the reason for | 20 | | referring students to law enforcement and school-related | 21 | | arrests of students. | 22 | | (b) A school board must submit the data collected under | 23 | | subsection (a) to the State Board of Education annually, by a | 24 | | date to be determined by the State Board.
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| 1 | | (105 ILCS 5/27A-5)
| 2 | | (Text of Section before amendment by P.A. 102-466 and | 3 | | 102-702 ) | 4 | | Sec. 27A-5. Charter school; legal entity; requirements.
| 5 | | (a) A charter school shall be a public, nonsectarian, | 6 | | nonreligious, non-home
based, and non-profit school. A charter | 7 | | school shall be organized and operated
as a nonprofit | 8 | | corporation or other discrete, legal, nonprofit entity
| 9 | | authorized under the laws of the State of Illinois.
| 10 | | (b) A charter school may be established under this Article | 11 | | by creating a new
school or by converting an existing public | 12 | | school or attendance center to
charter
school status.
| 13 | | Beginning on April 16, 2003 (the effective date of Public Act | 14 | | 93-3), in all new
applications to establish
a charter
school | 15 | | in a city having a population exceeding 500,000, operation of | 16 | | the
charter
school shall be limited to one campus. The changes | 17 | | made to this Section by Public Act 93-3 do not apply to charter | 18 | | schools existing or approved on or before April 16, 2003 (the
| 19 | | effective date of Public Act 93-3). | 20 | | (b-5) In this subsection (b-5), "virtual-schooling" means | 21 | | a cyber school where students engage in online curriculum and | 22 | | instruction via the Internet and electronic communication with | 23 | | their teachers at remote locations and with students | 24 | | participating at different times. | 25 | | From April 1, 2013 through December 31, 2016, there is a | 26 | | moratorium on the establishment of charter schools with |
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| 1 | | virtual-schooling components in school districts other than a | 2 | | school district organized under Article 34 of this Code. This | 3 | | moratorium does not apply to a charter school with | 4 | | virtual-schooling components existing or approved prior to | 5 | | April 1, 2013 or to the renewal of the charter of a charter | 6 | | school with virtual-schooling components already approved | 7 | | prior to April 1, 2013.
| 8 | | (c) A charter school shall be administered and governed by | 9 | | its board of
directors or other governing body
in the manner | 10 | | provided in its charter. The governing body of a charter | 11 | | school
shall be subject to the Freedom of Information Act and | 12 | | the Open Meetings Act. No later than January 1, 2021 (one year | 13 | | after the effective date of Public Act 101-291), a charter | 14 | | school's board of directors or other governing body must | 15 | | include at least one parent or guardian of a pupil currently | 16 | | enrolled in the charter school who may be selected through the | 17 | | charter school or a charter network election, appointment by | 18 | | the charter school's board of directors or other governing | 19 | | body, or by the charter school's Parent Teacher Organization | 20 | | or its equivalent. | 21 | | (c-5) No later than January 1, 2021 (one year after the | 22 | | effective date of Public Act 101-291) or within the first year | 23 | | of his or her first term, every voting member of a charter | 24 | | school's board of directors or other governing body shall | 25 | | complete a minimum of 4 hours of professional development | 26 | | leadership training to ensure that each member has sufficient |
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| 1 | | familiarity with the board's or governing body's role and | 2 | | responsibilities, including financial oversight and | 3 | | accountability of the school, evaluating the principal's and | 4 | | school's performance, adherence to the Freedom of Information | 5 | | Act and the Open Meetings Act, and compliance with education | 6 | | and labor law. In each subsequent year of his or her term, a | 7 | | voting member of a charter school's board of directors or | 8 | | other governing body shall complete a minimum of 2 hours of | 9 | | professional development training in these same areas. The | 10 | | training under this subsection may be provided or certified by | 11 | | a statewide charter school membership association or may be | 12 | | provided or certified by other qualified providers approved by | 13 | | the State Board of Education.
| 14 | | (d) For purposes of this subsection (d), "non-curricular | 15 | | health and safety requirement" means any health and safety | 16 | | requirement created by statute or rule to provide, maintain, | 17 | | preserve, or safeguard safe or healthful conditions for | 18 | | students and school personnel or to eliminate, reduce, or | 19 | | prevent threats to the health and safety of students and | 20 | | school personnel. "Non-curricular health and safety | 21 | | requirement" does not include any course of study or | 22 | | specialized instructional requirement for which the State | 23 | | Board has established goals and learning standards or which is | 24 | | designed primarily to impart knowledge and skills for students | 25 | | to master and apply as an outcome of their education. | 26 | | A charter school shall comply with all non-curricular |
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| 1 | | health and safety
requirements applicable to public schools | 2 | | under the laws of the State of
Illinois. On or before September | 3 | | 1, 2015, the State Board shall promulgate and post on its | 4 | | Internet website a list of non-curricular health and safety | 5 | | requirements that a charter school must meet. The list shall | 6 | | be updated annually no later than September 1. Any charter | 7 | | contract between a charter school and its authorizer must | 8 | | contain a provision that requires the charter school to follow | 9 | | the list of all non-curricular health and safety requirements | 10 | | promulgated by the State Board and any non-curricular health | 11 | | and safety requirements added by the State Board to such list | 12 | | during the term of the charter. Nothing in this subsection (d) | 13 | | precludes an authorizer from including non-curricular health | 14 | | and safety requirements in a charter school contract that are | 15 | | not contained in the list promulgated by the State Board, | 16 | | including non-curricular health and safety requirements of the | 17 | | authorizing local school board.
| 18 | | (e) Except as otherwise provided in the School Code, a | 19 | | charter school shall
not charge tuition; provided that a | 20 | | charter school may charge reasonable fees
for textbooks, | 21 | | instructional materials, and student activities.
| 22 | | (f) A charter school shall be responsible for the | 23 | | management and operation
of its fiscal affairs, including,
but | 24 | | not limited to, the preparation of its budget. An audit of each | 25 | | charter
school's finances shall be conducted annually by an | 26 | | outside, independent
contractor retained by the charter |
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| 1 | | school. The contractor shall not be an employee of the charter | 2 | | school or affiliated with the charter school or its authorizer | 3 | | in any way, other than to audit the charter school's finances. | 4 | | To ensure financial accountability for the use of public | 5 | | funds, on or before December 1 of every year of operation, each | 6 | | charter school shall submit to its authorizer and the State | 7 | | Board a copy of its audit and a copy of the Form 990 the | 8 | | charter school filed that year with the federal Internal | 9 | | Revenue Service. In addition, if deemed necessary for proper | 10 | | financial oversight of the charter school, an authorizer may | 11 | | require quarterly financial statements from each charter | 12 | | school.
| 13 | | (g) A charter school shall comply with all provisions of | 14 | | this Article, the Illinois Educational Labor Relations Act, | 15 | | all federal and State laws and rules applicable to public | 16 | | schools that pertain to special education and the instruction | 17 | | of English learners, and
its charter. A charter
school is | 18 | | exempt from all other State laws and regulations in this Code
| 19 | | governing public
schools and local school board policies; | 20 | | however, 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 |
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| 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; |
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| 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 Subsections (d-10), (d-15), and | 8 | | (d-20) of Section 10-20.56 of this Code; and | 9 | | (28) Sections 10-20.83 and 34-18.78 of this Code ; . | 10 | | (29) (27) Section 10-20.13 of this Code; | 11 | | (30) (28) Section 28-19.2 of this Code; and | 12 | | (31) (29) Section 34-21.6 of this Code ; and . | 13 | | (33) Sections 2-3.162a, 10-27.1C, and 34-8.07 of this | 14 | | 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 | 18 | | school district, the
governing body of a State college or | 19 | | university or public community college, or
any other public or | 20 | | for-profit or nonprofit private entity for: (i) the use
of a | 21 | | school building and grounds or any other real property or | 22 | | facilities that
the charter school desires to use or convert | 23 | | for use as a charter school site,
(ii) the operation and | 24 | | maintenance thereof, and
(iii) the provision of any service, | 25 | | activity, or undertaking that the charter
school is required | 26 | | to perform in order to carry out the terms of its charter.
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| 1 | | However, a charter school
that is established on
or
after | 2 | | April 16, 2003 (the effective date of Public Act 93-3) and that | 3 | | operates
in a city having a population exceeding
500,000 may | 4 | | not contract with a for-profit entity to
manage or operate the | 5 | | school during the period that commences on April 16, 2003 (the
| 6 | | effective date of Public Act 93-3) and
concludes at the end of | 7 | | the 2004-2005 school year.
Except as provided in subsection | 8 | | (i) of this Section, a school district may
charge a charter | 9 | | school reasonable rent for the use of the district's
| 10 | | buildings, grounds, and facilities. Any services for which a | 11 | | charter school
contracts
with a school district shall be | 12 | | provided by the district at cost. Any services
for which a | 13 | | charter school contracts with a local school board or with the
| 14 | | governing body of a State college or university or public | 15 | | community college
shall be provided by the public entity at | 16 | | cost.
| 17 | | (i) In no event shall a charter school that is established | 18 | | by converting an
existing school or attendance center to | 19 | | charter school status be required to
pay rent for space
that is | 20 | | deemed available, as negotiated and provided in the charter | 21 | | agreement,
in school district
facilities. However, all other | 22 | | costs for the operation and maintenance of
school district | 23 | | facilities that are used by the charter school shall be | 24 | | subject
to negotiation between
the charter school and the | 25 | | local school board and shall be set forth in the
charter.
| 26 | | (j) A charter school may limit student enrollment by age |
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| 1 | | or grade level.
| 2 | | (k) If the charter school is approved by the State Board or | 3 | | Commission, then the charter school is its own local education | 4 | | agency. | 5 | | (Source: P.A. 101-50, eff. 7-1-20; 101-81, eff. 7-12-19; | 6 | | 101-291, eff. 1-1-20; 101-531, eff. 8-23-19; 101-543, eff. | 7 | | 8-23-19; 101-654, eff. 3-8-21; 102-51, eff. 7-9-21; 102-157, | 8 | | eff. 7-1-22; 102-360, eff. 1-1-22; 102-445, eff. 8-20-21; | 9 | | 102-522, eff. 8-20-21; 102-558, eff. 8-20-21; 102-676, eff. | 10 | | 12-3-21; 102-697, eff. 4-5-22; 102-805, eff. 1-1-23; 102-813, | 11 | | eff. 5-13-22; revised 12-13-22.) | 12 | | (Text of Section after amendment by P.A. 102-702 but | 13 | | before amendment by P.A. 102-466 ) | 14 | | Sec. 27A-5. Charter school; legal entity; requirements.
| 15 | | (a) A charter school shall be a public, nonsectarian, | 16 | | nonreligious, non-home
based, and non-profit school. A charter | 17 | | school shall be organized and operated
as a nonprofit | 18 | | corporation or other discrete, legal, nonprofit entity
| 19 | | authorized under the laws of the State of Illinois.
| 20 | | (b) A charter school may be established under this Article | 21 | | by creating a new
school or by converting an existing public | 22 | | school or attendance center to
charter
school status.
| 23 | | Beginning on April 16, 2003 (the effective date of Public Act | 24 | | 93-3), in all new
applications to establish
a charter
school | 25 | | in a city having a population exceeding 500,000, operation of |
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| 1 | | the
charter
school shall be limited to one campus. The changes | 2 | | made to this Section by Public Act 93-3 do not apply to charter | 3 | | schools existing or approved on or before April 16, 2003 (the
| 4 | | effective date of Public Act 93-3). | 5 | | (b-5) In this subsection (b-5), "virtual-schooling" means | 6 | | a cyber school where students engage in online curriculum and | 7 | | instruction via the Internet and electronic communication with | 8 | | their teachers at remote locations and with students | 9 | | participating at different times. | 10 | | From April 1, 2013 through December 31, 2016, there is a | 11 | | moratorium on the establishment of charter schools with | 12 | | virtual-schooling components in school districts other than a | 13 | | school district organized under Article 34 of this Code. This | 14 | | moratorium does not apply to a charter school with | 15 | | virtual-schooling components existing or approved prior to | 16 | | April 1, 2013 or to the renewal of the charter of a charter | 17 | | school with virtual-schooling components already approved | 18 | | prior to April 1, 2013.
| 19 | | (c) A charter school shall be administered and governed by | 20 | | its board of
directors or other governing body
in the manner | 21 | | provided in its charter. The governing body of a charter | 22 | | school
shall be subject to the Freedom of Information Act and | 23 | | the Open Meetings Act. No later than January 1, 2021 (one year | 24 | | after the effective date of Public Act 101-291), a charter | 25 | | school's board of directors or other governing body must | 26 | | include at least one parent or guardian of a pupil currently |
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| 1 | | enrolled in the charter school who may be selected through the | 2 | | charter school or a charter network election, appointment by | 3 | | the charter school's board of directors or other governing | 4 | | body, or by the charter school's Parent Teacher Organization | 5 | | or its equivalent. | 6 | | (c-5) No later than January 1, 2021 (one year after the | 7 | | effective date of Public Act 101-291) or within the first year | 8 | | of his or her first term, every voting member of a charter | 9 | | school's board of directors or other governing body shall | 10 | | complete a minimum of 4 hours of professional development | 11 | | leadership training to ensure that each member has sufficient | 12 | | familiarity with the board's or governing body's role and | 13 | | responsibilities, including financial oversight and | 14 | | accountability of the school, evaluating the principal's and | 15 | | school's performance, adherence to the Freedom of Information | 16 | | Act and the Open Meetings Act, and compliance with education | 17 | | and labor law. In each subsequent year of his or her term, a | 18 | | voting member of a charter school's board of directors or | 19 | | other governing body shall complete a minimum of 2 hours of | 20 | | professional development training in these same areas. The | 21 | | training under this subsection may be provided or certified by | 22 | | a statewide charter school membership association or may be | 23 | | provided or certified by other qualified providers approved by | 24 | | the State Board of Education.
| 25 | | (d) For purposes of this subsection (d), "non-curricular | 26 | | health and safety requirement" means any health and safety |
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| 1 | | requirement created by statute or rule to provide, maintain, | 2 | | preserve, or safeguard safe or healthful conditions for | 3 | | students and school personnel or to eliminate, reduce, or | 4 | | prevent threats to the health and safety of students and | 5 | | school personnel. "Non-curricular health and safety | 6 | | requirement" does not include any course of study or | 7 | | specialized instructional requirement for which the State | 8 | | Board has established goals and learning standards or which is | 9 | | designed primarily to impart knowledge and skills for students | 10 | | to master and apply as an outcome of their education. | 11 | | A charter school shall comply with all non-curricular | 12 | | health and safety
requirements applicable to public schools | 13 | | under the laws of the State of
Illinois. On or before September | 14 | | 1, 2015, the State Board shall promulgate and post on its | 15 | | Internet website a list of non-curricular health and safety | 16 | | requirements that a charter school must meet. The list shall | 17 | | be updated annually no later than September 1. Any charter | 18 | | contract between a charter school and its authorizer must | 19 | | contain a provision that requires the charter school to follow | 20 | | the list of all non-curricular health and safety requirements | 21 | | promulgated by the State Board and any non-curricular health | 22 | | and safety requirements added by the State Board to such list | 23 | | during the term of the charter. Nothing in this subsection (d) | 24 | | precludes an authorizer from including non-curricular health | 25 | | and safety requirements in a charter school contract that are | 26 | | not contained in the list promulgated by the State Board, |
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| 1 | | including non-curricular health and safety requirements of the | 2 | | authorizing local school board.
| 3 | | (e) Except as otherwise provided in the School Code, a | 4 | | charter school shall
not charge tuition; provided that a | 5 | | charter school may charge reasonable fees
for textbooks, | 6 | | instructional materials, and student activities.
| 7 | | (f) A charter school shall be responsible for the | 8 | | management and operation
of its fiscal affairs, including,
but | 9 | | not limited to, the preparation of its budget. An audit of each | 10 | | charter
school's finances shall be conducted annually by an | 11 | | outside, independent
contractor retained by the charter | 12 | | school. The contractor shall not be an employee of the charter | 13 | | school or affiliated with the charter school or its authorizer | 14 | | in any way, other than to audit the charter school's finances. | 15 | | To ensure financial accountability for the use of public | 16 | | funds, on or before December 1 of every year of operation, each | 17 | | charter school shall submit to its authorizer and the State | 18 | | Board a copy of its audit and a copy of the Form 990 the | 19 | | charter school filed that year with the federal Internal | 20 | | Revenue Service. In addition, if deemed necessary for proper | 21 | | financial oversight of the charter school, an authorizer may | 22 | | require quarterly financial statements from each charter | 23 | | school.
| 24 | | (g) A charter school shall comply with all provisions of | 25 | | this Article, the Illinois Educational Labor Relations Act, | 26 | | all federal and State laws and rules applicable to public |
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| 1 | | schools that pertain to special education and the instruction | 2 | | of English learners, and
its charter. A charter
school is | 3 | | exempt from all other State laws and regulations in this Code
| 4 | | governing public
schools and local school board policies; | 5 | | however, 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; |
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| 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; and | 16 | | (25) Section 2-3.188 of this Code; | 17 | | (26) Section 22-85.5 of this Code; | 18 | | (27) subsections Subsections (d-10), (d-15), and | 19 | | (d-20) of Section 10-20.56 of this Code; and | 20 | | (28) Sections 10-20.83 and 34-18.78 of this Code ; . | 21 | | (29) (27) Section 10-20.13 of this Code; | 22 | | (30) (28) Section 28-19.2 of this Code; and | 23 | | (31) (29) Section 34-21.6 of this Code ; . | 24 | | (32) (25) Section 22-85.10 of this Code ; and . | 25 | | (33) Sections 2-3.162a, 10-27.1C, and 34-8.07 of this | 26 | | Code. |
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| 1 | | The change made by Public Act 96-104 to this subsection | 2 | | (g) is declaratory of existing law. | 3 | | (h) A charter school may negotiate and contract with a | 4 | | school district, the
governing body of a State college or | 5 | | university or public community college, or
any other public or | 6 | | for-profit or nonprofit private entity for: (i) the use
of a | 7 | | school building and grounds or any other real property or | 8 | | facilities that
the charter school desires to use or convert | 9 | | for use as a charter school site,
(ii) the operation and | 10 | | maintenance thereof, and
(iii) the provision of any service, | 11 | | activity, or undertaking that the charter
school is required | 12 | | to perform in order to carry out the terms of its charter.
| 13 | | However, a charter school
that is established on
or
after | 14 | | April 16, 2003 (the effective date of Public Act 93-3) and that | 15 | | operates
in a city having a population exceeding
500,000 may | 16 | | not contract with a for-profit entity to
manage or operate the | 17 | | school during the period that commences on April 16, 2003 (the
| 18 | | effective date of Public Act 93-3) and
concludes at the end of | 19 | | the 2004-2005 school year.
Except as provided in subsection | 20 | | (i) of this Section, a school district may
charge a charter | 21 | | school reasonable rent for the use of the district's
| 22 | | buildings, grounds, and facilities. Any services for which a | 23 | | charter school
contracts
with a school district shall be | 24 | | provided by the district at cost. Any services
for which a | 25 | | charter school contracts with a local school board or with the
| 26 | | governing body of a State college or university or public |
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| 1 | | community college
shall be provided by the public entity at | 2 | | cost.
| 3 | | (i) In no event shall a charter school that is established | 4 | | by converting an
existing school or attendance center to | 5 | | charter school status be required to
pay rent for space
that is | 6 | | deemed available, as negotiated and provided in the charter | 7 | | agreement,
in school district
facilities. However, all other | 8 | | costs for the operation and maintenance of
school district | 9 | | facilities that are used by the charter school shall be | 10 | | subject
to negotiation between
the charter school and the | 11 | | local school board and shall be set forth in the
charter.
| 12 | | (j) A charter school may limit student enrollment by age | 13 | | or grade level.
| 14 | | (k) If the charter school is approved by the State Board or | 15 | | Commission, then the charter school is its own local education | 16 | | agency. | 17 | | (Source: P.A. 101-50, eff. 7-1-20; 101-81, eff. 7-12-19; | 18 | | 101-291, eff. 1-1-20; 101-531, eff. 8-23-19; 101-543, eff. | 19 | | 8-23-19; 101-654, eff. 3-8-21; 102-51, eff. 7-9-21; 102-157, | 20 | | eff. 7-1-22; 102-360, eff. 1-1-22; 102-445, eff. 8-20-21; | 21 | | 102-522, eff. 8-20-21; 102-558, eff. 8-20-21; 102-676, eff. | 22 | | 12-3-21; 102-697, eff. 4-5-22; 102-702, eff. 7-1-23; 102-805, | 23 | | eff. 1-1-23; 102-813, eff. 5-13-22; revised 12-13-22.) | 24 | | (Text of Section after amendment by P.A. 102-466 ) | 25 | | Sec. 27A-5. Charter school; legal entity; requirements.
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| 1 | | (a) A charter school shall be a public, nonsectarian, | 2 | | nonreligious, non-home
based, and non-profit school. A charter | 3 | | school shall be organized and operated
as a nonprofit | 4 | | corporation or other discrete, legal, nonprofit entity
| 5 | | authorized under the laws of the State of Illinois.
| 6 | | (b) A charter school may be established under this Article | 7 | | by creating a new
school or by converting an existing public | 8 | | school or attendance center to
charter
school status.
| 9 | | Beginning on April 16, 2003 (the effective date of Public Act | 10 | | 93-3), in all new
applications to establish
a charter
school | 11 | | in a city having a population exceeding 500,000, operation of | 12 | | the
charter
school shall be limited to one campus. The changes | 13 | | made to this Section by Public Act 93-3 do not apply to charter | 14 | | schools existing or approved on or before April 16, 2003 (the
| 15 | | effective date of Public Act 93-3). | 16 | | (b-5) In this subsection (b-5), "virtual-schooling" means | 17 | | a cyber school where students engage in online curriculum and | 18 | | instruction via the Internet and electronic communication with | 19 | | their teachers at remote locations and with students | 20 | | participating at different times. | 21 | | From April 1, 2013 through December 31, 2016, there is a | 22 | | moratorium on the establishment of charter schools with | 23 | | virtual-schooling components in school districts other than a | 24 | | school district organized under Article 34 of this Code. This | 25 | | moratorium does not apply to a charter school with | 26 | | virtual-schooling components existing or approved prior to |
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| 1 | | April 1, 2013 or to the renewal of the charter of a charter | 2 | | school with virtual-schooling components already approved | 3 | | prior to April 1, 2013.
| 4 | | (c) A charter school shall be administered and governed by | 5 | | its board of
directors or other governing body
in the manner | 6 | | provided in its charter. The governing body of a charter | 7 | | school
shall be subject to the Freedom of Information Act and | 8 | | the Open Meetings Act. No later than January 1, 2021 (one year | 9 | | after the effective date of Public Act 101-291), a charter | 10 | | school's board of directors or other governing body must | 11 | | include at least one parent or guardian of a pupil currently | 12 | | enrolled in the charter school who may be selected through the | 13 | | charter school or a charter network election, appointment by | 14 | | the charter school's board of directors or other governing | 15 | | body, or by the charter school's Parent Teacher Organization | 16 | | or its equivalent. | 17 | | (c-5) No later than January 1, 2021 (one year after the | 18 | | effective date of Public Act 101-291) or within the first year | 19 | | of his or her first term, every voting member of a charter | 20 | | school's board of directors or other governing body shall | 21 | | complete a minimum of 4 hours of professional development | 22 | | leadership training to ensure that each member has sufficient | 23 | | familiarity with the board's or governing body's role and | 24 | | responsibilities, including financial oversight and | 25 | | accountability of the school, evaluating the principal's and | 26 | | school's performance, adherence to the Freedom of Information |
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| 1 | | Act and the Open Meetings Act, and compliance with education | 2 | | and labor law. In each subsequent year of his or her term, a | 3 | | voting member of a charter school's board of directors or | 4 | | other governing body shall complete a minimum of 2 hours of | 5 | | professional development training in these same areas. The | 6 | | training under this subsection may be provided or certified by | 7 | | a statewide charter school membership association or may be | 8 | | provided or certified by other qualified providers approved by | 9 | | the State Board of Education.
| 10 | | (d) For purposes of this subsection (d), "non-curricular | 11 | | health and safety requirement" means any health and safety | 12 | | requirement created by statute or rule to provide, maintain, | 13 | | preserve, or safeguard safe or healthful conditions for | 14 | | students and school personnel or to eliminate, reduce, or | 15 | | prevent threats to the health and safety of students and | 16 | | school personnel. "Non-curricular health and safety | 17 | | requirement" does not include any course of study or | 18 | | specialized instructional requirement for which the State | 19 | | Board has established goals and learning standards or which is | 20 | | designed primarily to impart knowledge and skills for students | 21 | | to master and apply as an outcome of their education. | 22 | | A charter school shall comply with all non-curricular | 23 | | health and safety
requirements applicable to public schools | 24 | | under the laws of the State of
Illinois. On or before September | 25 | | 1, 2015, the State Board shall promulgate and post on its | 26 | | Internet website a list of non-curricular health and safety |
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| 1 | | requirements that a charter school must meet. The list shall | 2 | | be updated annually no later than September 1. Any charter | 3 | | contract between a charter school and its authorizer must | 4 | | contain a provision that requires the charter school to follow | 5 | | the list of all non-curricular health and safety requirements | 6 | | promulgated by the State Board and any non-curricular health | 7 | | and safety requirements added by the State Board to such list | 8 | | during the term of the charter. Nothing in this subsection (d) | 9 | | precludes an authorizer from including non-curricular health | 10 | | and safety requirements in a charter school contract that are | 11 | | not contained in the list promulgated by the State Board, | 12 | | including non-curricular health and safety requirements of the | 13 | | authorizing local school board.
| 14 | | (e) Except as otherwise provided in the School Code, a | 15 | | charter school shall
not charge tuition; provided that a | 16 | | charter school may charge reasonable fees
for textbooks, | 17 | | instructional materials, and student activities.
| 18 | | (f) A charter school shall be responsible for the | 19 | | management and operation
of its fiscal affairs, including,
but | 20 | | not limited to, the preparation of its budget. An audit of each | 21 | | charter
school's finances shall be conducted annually by an | 22 | | outside, independent
contractor retained by the charter | 23 | | school. The contractor shall not be an employee of the charter | 24 | | school or affiliated with the charter school or its authorizer | 25 | | in any way, other than to audit the charter school's finances. | 26 | | To ensure financial accountability for the use of public |
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| 1 | | funds, on or before December 1 of every year of operation, each | 2 | | charter school shall submit to its authorizer and the State | 3 | | Board a copy of its audit and a copy of the Form 990 the | 4 | | charter school filed that year with the federal Internal | 5 | | Revenue Service. In addition, if deemed necessary for proper | 6 | | financial oversight of the charter school, an authorizer may | 7 | | require quarterly financial statements from each charter | 8 | | school.
| 9 | | (g) A charter school shall comply with all provisions of | 10 | | this Article, the Illinois Educational Labor Relations Act, | 11 | | all federal and State laws and rules applicable to public | 12 | | schools that pertain to special education and the instruction | 13 | | of English learners, and
its charter. A charter
school is | 14 | | exempt from all other State laws and regulations in this Code
| 15 | | governing public
schools and local school board policies; | 16 | | however, a charter school is not exempt from the following:
| 17 | | (1) Sections 10-21.9 and 34-18.5 of this Code | 18 | | regarding criminal
history records checks and checks of | 19 | | the Statewide Sex Offender Database and Statewide Murderer | 20 | | and Violent Offender Against Youth Database of applicants | 21 | | for employment;
| 22 | | (2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and | 23 | | 34-84a of this Code regarding discipline of
students;
| 24 | | (3) the Local Governmental and Governmental Employees | 25 | | Tort Immunity Act;
| 26 | | (4) Section 108.75 of the General Not For Profit |
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| 1 | | Corporation Act of 1986
regarding indemnification of | 2 | | officers, directors, employees, and agents;
| 3 | | (5) the Abused and Neglected Child Reporting Act;
| 4 | | (5.5) subsection (b) of Section 10-23.12 and | 5 | | subsection (b) of Section 34-18.6 of this Code; | 6 | | (6) the Illinois School Student Records Act;
| 7 | | (7) Section 10-17a of this Code regarding school | 8 | | report cards;
| 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; | 15 | | (12) Sections 10-20.60 and 34-18.53 of this Code; | 16 | | (13) Sections 10-20.63 and 34-18.56 of this Code; | 17 | | (14) Sections 22-90 and 26-18 of this Code; | 18 | | (15) Section 22-30 of this Code; | 19 | | (16) Sections 24-12 and 34-85 of this Code; | 20 | | (17) the Seizure Smart School Act; | 21 | | (18) Section 2-3.64a-10 of this Code; | 22 | | (19) Sections 10-20.73 and 34-21.9 of this Code; | 23 | | (20) Section 10-22.25b of this Code; | 24 | | (21) Section 27-9.1a of this Code; | 25 | | (22) Section 27-9.1b of this Code; | 26 | | (23) Section 34-18.8 of this Code; |
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| 1 | | (24) Article 26A of this Code; and | 2 | | (25) Section 2-3.188 of this Code; | 3 | | (26) Section 22-85.5 of this Code; | 4 | | (27) subsections Subsections (d-10), (d-15), and | 5 | | (d-20) of Section 10-20.56 of this Code; and | 6 | | (28) Sections 10-20.83 and 34-18.78 of this Code ; . | 7 | | (29) (27) Section 10-20.13 of this Code; | 8 | | (30) (28) Section 28-19.2 of this Code; and | 9 | | (31) (29) Section 34-21.6 of this Code ; . | 10 | | (32) (25) Section 22-85.10 of this Code ; and . | 11 | | (33) Sections 2-3.162a, 10-27.1C, and 34-8.07 of this | 12 | | Code. | 13 | | The change made by Public Act 96-104 to this subsection | 14 | | (g) is declaratory of existing law. | 15 | | (h) A charter school may negotiate and contract with a | 16 | | school district, the
governing body of a State college or | 17 | | university or public community college, or
any other public or | 18 | | for-profit or nonprofit private entity for: (i) the use
of a | 19 | | school building and grounds or any other real property or | 20 | | facilities that
the charter school desires to use or convert | 21 | | for use as a charter school site,
(ii) the operation and | 22 | | maintenance thereof, and
(iii) the provision of any service, | 23 | | activity, or undertaking that the charter
school is required | 24 | | to perform in order to carry out the terms of its charter.
| 25 | | However, a charter school
that is established on
or
after | 26 | | April 16, 2003 (the effective date of Public Act 93-3) and that |
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| 1 | | operates
in a city having a population exceeding
500,000 may | 2 | | not contract with a for-profit entity to
manage or operate the | 3 | | school during the period that commences on April 16, 2003 (the
| 4 | | effective date of Public Act 93-3) and
concludes at the end of | 5 | | the 2004-2005 school year.
Except as provided in subsection | 6 | | (i) of this Section, a school district may
charge a charter | 7 | | school reasonable rent for the use of the district's
| 8 | | buildings, grounds, and facilities. Any services for which a | 9 | | charter school
contracts
with a school district shall be | 10 | | provided by the district at cost. Any services
for which a | 11 | | charter school contracts with a local school board or with the
| 12 | | governing body of a State college or university or public | 13 | | community college
shall be provided by the public entity at | 14 | | cost.
| 15 | | (i) In no event shall a charter school that is established | 16 | | by converting an
existing school or attendance center to | 17 | | charter school status be required to
pay rent for space
that is | 18 | | deemed available, as negotiated and provided in the charter | 19 | | agreement,
in school district
facilities. However, all other | 20 | | costs for the operation and maintenance of
school district | 21 | | facilities that are used by the charter school shall be | 22 | | subject
to negotiation between
the charter school and the | 23 | | local school board and shall be set forth in the
charter.
| 24 | | (j) A charter school may limit student enrollment by age | 25 | | or grade level.
| 26 | | (k) If the charter school is approved by the State Board or |
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| 1 | | Commission, then the charter school is its own local education | 2 | | agency. | 3 | | (Source: P.A. 101-50, eff. 7-1-20; 101-81, eff. 7-12-19; | 4 | | 101-291, eff. 1-1-20; 101-531, eff. 8-23-19; 101-543, eff. | 5 | | 8-23-19; 101-654, eff. 3-8-21; 102-51, eff. 7-9-21; 102-157, | 6 | | eff. 7-1-22; 102-360, eff. 1-1-22; 102-445, eff. 8-20-21; | 7 | | 102-466, eff. 7-1-25; 102-522, eff. 8-20-21; 102-558, eff. | 8 | | 8-20-21; 102-676, eff. 12-3-21; 102-697, eff. 4-5-22; 102-702, | 9 | | eff. 7-1-23; 102-805, eff. 1-1-23; 102-813, eff. 5-13-22; | 10 | | revised 12-13-22.)
| 11 | | (105 ILCS 5/34-8.07 new) | 12 | | Sec. 34-8.07. Law enforcement referral and arrest data. | 13 | | (a) Each school year, beginning with the 2023-2024 school | 14 | | year, the board must collect data on student referrals to law | 15 | | enforcement and school-related arrests of students. The board | 16 | | must also collect data on the reason for referring students to | 17 | | law enforcement and school-related arrests of students. | 18 | | (b) The board must submit the data collected under | 19 | | subsection (a) to the State Board of Education annually, by a | 20 | | date to be determined by the State Board.
| 21 | | Section 95. No acceleration or delay. Where this Act makes | 22 | | changes in a statute that is represented in this Act by text | 23 | | that is not yet or no longer in effect (for example, a Section | 24 | | represented by multiple versions), the use of that text does |
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| 1 | | not accelerate or delay the taking effect of (i) the changes | 2 | | made by this Act or (ii) provisions derived from any other | 3 | | Public Act. | 4 | | Section 99. Effective date. This Act takes effect upon | 5 | | becoming law.
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