Full Text of HB0822 99th General Assembly
HB0822ham002 99TH GENERAL ASSEMBLY | Rep. Rita Mayfield Filed: 4/12/2016
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| 1 | | AMENDMENT TO HOUSE BILL 822
| 2 | | AMENDMENT NO. ______. Amend House Bill 822 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The School Code is amended by changing Sections | 5 | | 10-23.12, 27A-5, and 34-18.6 as follows:
| 6 | | (105 ILCS 5/10-23.12) (from Ch. 122, par. 10-23.12)
| 7 | | Sec. 10-23.12. Child abuse and neglect; detection, | 8 | | reporting, and prevention. | 9 | | (a) To provide staff development for local
school site | 10 | | personnel who work with pupils in grades kindergarten through
| 11 | | 8 , in the detection, reporting , and prevention of child abuse | 12 | | and neglect.
| 13 | | (b) Using a format and language that is clear, simple, and | 14 | | understandable to students, each public school and charter | 15 | | school shall post, in English and Spanish: | 16 | | (1) the current toll-free telephone number of the |
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| 1 | | Department of Children and Family Services' child abuse | 2 | | hotline; | 3 | | (2) instructions to call 9-1-1 for emergencies; and | 4 | | (3) directions for accessing the Department of | 5 | | Children and Family Services' website for more information | 6 | | on reporting abuse, neglect, and exploitation. | 7 | | Public schools and charter schools shall post the | 8 | | information specified in this subsection (b) at each school | 9 | | campus in at least one high-traffic, highly and clearly | 10 | | visible, public area that is readily accessible to and widely | 11 | | used by students. | 12 | | (Source: P.A. 84-1308.)
| 13 | | (105 ILCS 5/27A-5)
| 14 | | (Text of Section before amendment by P.A. 99-456 ) | 15 | | Sec. 27A-5. Charter school; legal entity; requirements.
| 16 | | (a) A charter school shall be a public, nonsectarian, | 17 | | nonreligious, non-home
based, and non-profit school. A charter | 18 | | school shall be organized and operated
as a nonprofit | 19 | | corporation or other discrete, legal, nonprofit entity
| 20 | | authorized under the laws of the State of Illinois.
| 21 | | (b) A charter school may be established under this Article | 22 | | by creating a new
school or by converting an existing public | 23 | | school or attendance center to
charter
school status.
Beginning | 24 | | on April 16, 2003 ( the effective date of Public Act 93-3) this | 25 | | amendatory Act of the 93rd General
Assembly , in all new
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| 1 | | applications to establish
a charter
school in a city having a | 2 | | population exceeding 500,000, operation of the
charter
school | 3 | | shall be limited to one campus. The changes made to this | 4 | | Section by Public Act 93-3 this
amendatory Act
of the 93rd | 5 | | General
Assembly do not apply to charter schools existing or | 6 | | approved on or before April 16, 2003 ( the
effective date of | 7 | | Public Act 93-3) this
amendatory Act . | 8 | | (b-5) In this subsection (b-5), "virtual-schooling" means | 9 | | a cyber school where students engage in online curriculum and | 10 | | instruction via the Internet and electronic communication with | 11 | | their teachers at remote locations and with students | 12 | | participating at different times. | 13 | | From April 1, 2013 through December 31, 2016, there is a | 14 | | moratorium on the establishment of charter schools with | 15 | | virtual-schooling components in school districts other than a | 16 | | school district organized under Article 34 of this Code. This | 17 | | moratorium does not apply to a charter school with | 18 | | virtual-schooling components existing or approved prior to | 19 | | April 1, 2013 or to the renewal of the charter of a charter | 20 | | school with virtual-schooling components already approved | 21 | | prior to April 1, 2013. | 22 | | On or before March 1, 2014, the Commission shall submit to | 23 | | the General Assembly a report on the effect of | 24 | | virtual-schooling, including without limitation the effect on | 25 | | student performance, the costs associated with | 26 | | virtual-schooling, and issues with oversight. The report shall |
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| 1 | | include policy recommendations for virtual-schooling.
| 2 | | (c) A charter school shall be administered and governed by | 3 | | its board of
directors or other governing body
in the manner | 4 | | provided in its charter. The governing body of a charter school
| 5 | | shall be subject to the Freedom of Information Act and the Open | 6 | | Meetings Act.
| 7 | | (d) For purposes of this subsection (d), "non-curricular | 8 | | health and safety requirement" means any health and safety | 9 | | requirement created by statute or rule to provide, maintain, | 10 | | preserve, or safeguard safe or healthful conditions for | 11 | | students and school personnel or to eliminate, reduce, or | 12 | | prevent threats to the health and safety of students and school | 13 | | personnel. "Non-curricular health and safety requirement" does | 14 | | not include any course of study or specialized instructional | 15 | | requirement for which the State Board has established goals and | 16 | | learning standards or which is designed primarily to impart | 17 | | knowledge and skills for students to master and apply as an | 18 | | outcome of their education. | 19 | | A charter school shall comply with all non-curricular | 20 | | health and safety
requirements applicable to public schools | 21 | | under the laws of the State of
Illinois. On or before September | 22 | | 1, 2015, the State Board shall promulgate and post on its | 23 | | Internet website a list of non-curricular health and safety | 24 | | requirements that a charter school must meet. The list shall be | 25 | | updated annually no later than September 1. Any charter | 26 | | contract between a charter school and its authorizer must |
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| 1 | | contain a provision that requires the charter school to follow | 2 | | the list of all non-curricular health and safety requirements | 3 | | promulgated by the State Board and any non-curricular health | 4 | | and safety requirements added by the State Board to such list | 5 | | during the term of the charter. Nothing in this subsection (d) | 6 | | precludes an authorizer from including non-curricular health | 7 | | and safety requirements in a charter school contract that are | 8 | | not contained in the list promulgated by the State Board, | 9 | | including non-curricular health and safety requirements of the | 10 | | authorizing local school board.
| 11 | | (e) Except as otherwise provided in the School Code, a | 12 | | charter school shall
not charge tuition; provided that a | 13 | | charter school may charge reasonable fees
for textbooks, | 14 | | instructional materials, and student activities.
| 15 | | (f) A charter school shall be responsible for the | 16 | | management and operation
of its fiscal affairs including,
but | 17 | | not limited to, the preparation of its budget. An audit of each | 18 | | charter
school's finances shall be conducted annually by an | 19 | | outside, independent
contractor retained by the charter | 20 | | school. To ensure financial accountability for the use of | 21 | | public funds, on or before December 1 of every year of | 22 | | operation, each charter school shall submit to its authorizer | 23 | | and the State Board a copy of its audit and a copy of the Form | 24 | | 990 the charter school filed that year with the federal | 25 | | Internal Revenue Service. In addition, if deemed necessary for | 26 | | proper financial oversight of the charter school, an authorizer |
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| 1 | | may require quarterly financial statements from each charter | 2 | | school.
| 3 | | (g) A charter school shall comply with all provisions of | 4 | | this Article, the Illinois Educational Labor Relations Act, all | 5 | | federal and State laws and rules applicable to public schools | 6 | | that pertain to special education and the instruction of | 7 | | English learners, and
its charter. A charter
school is exempt | 8 | | from all other State laws and regulations in this Code
| 9 | | governing public
schools and local school board policies; | 10 | | however, a charter school is not exempt from the following:
| 11 | | (1) Sections 10-21.9 and 34-18.5 of this Code regarding | 12 | | criminal
history records checks and checks of the Statewide | 13 | | Sex Offender Database and Statewide Murderer and Violent | 14 | | Offender Against Youth Database of applicants for | 15 | | employment;
| 16 | | (2) Sections 24-24 and 34-84A of this Code regarding | 17 | | discipline of
students;
| 18 | | (3) the Local Governmental and Governmental Employees | 19 | | Tort Immunity Act;
| 20 | | (4) Section 108.75 of the General Not For Profit | 21 | | Corporation Act of 1986
regarding indemnification of | 22 | | officers, directors, employees, and agents;
| 23 | | (5) the Abused and Neglected Child Reporting Act;
| 24 | | (5.5) subsection (b) of Section 10-23.12 and | 25 | | subsection (b) of Section 34-18.6 of this Code; | 26 | | (6) the Illinois School Student Records Act;
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| 1 | | (7) Section 10-17a of this Code regarding school report | 2 | | cards;
| 3 | | (8) the P-20 Longitudinal Education Data System Act; | 4 | | (9) Section 27-23.7 of this Code regarding bullying | 5 | | prevention; and | 6 | | (10) Section 2-3.162 of this Code regarding student | 7 | | discipline reporting; and | 8 | | (11) Section 22-80 of this Code. | 9 | | The change made by Public Act 96-104 to this subsection (g) | 10 | | is declaratory of existing law. | 11 | | (h) A charter school may negotiate and contract with a | 12 | | school district, the
governing body of a State college or | 13 | | university or public community college, or
any other public or | 14 | | for-profit or nonprofit private entity for: (i) the use
of a | 15 | | school building and grounds or any other real property or | 16 | | facilities that
the charter school desires to use or convert | 17 | | for use as a charter school site,
(ii) the operation and | 18 | | maintenance thereof, and
(iii) the provision of any service, | 19 | | activity, or undertaking that the charter
school is required to | 20 | | perform in order to carry out the terms of its charter.
| 21 | | However, a charter school
that is established on
or
after April | 22 | | 16, 2003 ( the effective date of Public Act 93-3) this | 23 | | amendatory Act of the 93rd General
Assembly and that operates
| 24 | | in a city having a population exceeding
500,000 may not | 25 | | contract with a for-profit entity to
manage or operate the | 26 | | school during the period that commences on April 16, 2003 ( the
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| 1 | | effective date of Public Act 93-3) this amendatory Act of the | 2 | | 93rd General Assembly and
concludes at the end of the 2004-2005 | 3 | | school year.
Except as provided in subsection (i) of this | 4 | | Section, a school district may
charge a charter school | 5 | | reasonable rent for the use of the district's
buildings, | 6 | | grounds, and facilities. Any services for which a charter | 7 | | school
contracts
with a school district shall be provided by | 8 | | the district at cost. Any services
for which a charter school | 9 | | contracts with a local school board or with the
governing body | 10 | | of a State college or university or public community college
| 11 | | shall be provided by the public entity at cost.
| 12 | | (i) In no event shall a charter school that is established | 13 | | by converting an
existing school or attendance center to | 14 | | charter school status be required to
pay rent for space
that is | 15 | | deemed available, as negotiated and provided in the charter | 16 | | agreement,
in school district
facilities. However, all other | 17 | | costs for the operation and maintenance of
school district | 18 | | facilities that are used by the charter school shall be subject
| 19 | | to negotiation between
the charter school and the local school | 20 | | board and shall be set forth in the
charter.
| 21 | | (j) A charter school may limit student enrollment by age or | 22 | | grade level.
| 23 | | (k) If the charter school is approved by the Commission, | 24 | | then the Commission charter school is its own local education | 25 | | agency. | 26 | | (Source: P.A. 98-16, eff. 5-24-13; 98-639, eff. 6-9-14; 98-669, |
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| 1 | | eff. 6-26-14; 98-739, eff. 7-16-14; 98-783, eff. 1-1-15; | 2 | | 98-1059, eff. 8-26-14; 98-1102, eff. 8-26-14; 99-30, eff. | 3 | | 7-10-15; 99-78, eff. 7-20-15; 99-245, eff. 8-3-15; 99-325, eff. | 4 | | 8-10-15; revised 10-19-15.) | 5 | | (Text of Section after amendment by P.A. 99-456 )
| 6 | | Sec. 27A-5. Charter school; legal entity; requirements.
| 7 | | (a) A charter school shall be a public, nonsectarian, | 8 | | nonreligious, non-home
based, and non-profit school. A charter | 9 | | school shall be organized and operated
as a nonprofit | 10 | | corporation or other discrete, legal, nonprofit entity
| 11 | | authorized under the laws of the State of Illinois.
| 12 | | (b) A charter school may be established under this Article | 13 | | by creating a new
school or by converting an existing public | 14 | | school or attendance center to
charter
school status.
Beginning | 15 | | on April 16, 2003 ( the effective date of Public Act 93-3) this | 16 | | amendatory Act of the 93rd General
Assembly , in all new
| 17 | | applications to establish
a charter
school in a city having a | 18 | | population exceeding 500,000, operation of the
charter
school | 19 | | shall be limited to one campus. The changes made to this | 20 | | Section by Public Act 93-3 this
amendatory Act
of the 93rd | 21 | | General
Assembly do not apply to charter schools existing or | 22 | | approved on or before April 16, 2003 ( the
effective date of | 23 | | Public Act 93-3) this
amendatory Act . | 24 | | (b-5) In this subsection (b-5), "virtual-schooling" means | 25 | | a cyber school where students engage in online curriculum and |
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| 1 | | instruction via the Internet and electronic communication with | 2 | | their teachers at remote locations and with students | 3 | | participating at different times. | 4 | | From April 1, 2013 through December 31, 2016, there is a | 5 | | moratorium on the establishment of charter schools with | 6 | | virtual-schooling components in school districts other than a | 7 | | school district organized under Article 34 of this Code. This | 8 | | moratorium does not apply to a charter school with | 9 | | virtual-schooling components existing or approved prior to | 10 | | April 1, 2013 or to the renewal of the charter of a charter | 11 | | school with virtual-schooling components already approved | 12 | | prior to April 1, 2013. | 13 | | On or before March 1, 2014, the Commission shall submit to | 14 | | the General Assembly a report on the effect of | 15 | | virtual-schooling, including without limitation the effect on | 16 | | student performance, the costs associated with | 17 | | virtual-schooling, and issues with oversight. The report shall | 18 | | include policy recommendations for virtual-schooling.
| 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 school
| 22 | | shall be subject to the Freedom of Information Act and the Open | 23 | | Meetings Act.
| 24 | | (d) For purposes of this subsection (d), "non-curricular | 25 | | health and safety requirement" means any health and safety | 26 | | requirement created by statute or rule to provide, maintain, |
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| 1 | | preserve, or safeguard safe or healthful conditions for | 2 | | students and school personnel or to eliminate, reduce, or | 3 | | prevent threats to the health and safety of students and school | 4 | | personnel. "Non-curricular health and safety requirement" does | 5 | | not include any course of study or specialized instructional | 6 | | requirement for which the State Board has established goals and | 7 | | learning standards or which is designed primarily to impart | 8 | | knowledge and skills for students to master and apply as an | 9 | | outcome of their education. | 10 | | A charter school shall comply with all non-curricular | 11 | | health and safety
requirements applicable to public schools | 12 | | under the laws of the State of
Illinois. On or before September | 13 | | 1, 2015, the State Board shall promulgate and post on its | 14 | | Internet website a list of non-curricular health and safety | 15 | | requirements that a charter school must meet. The list shall be | 16 | | updated annually no later than September 1. Any charter | 17 | | contract between a charter school and its authorizer must | 18 | | contain a provision that requires the charter school to follow | 19 | | the list of all non-curricular health and safety requirements | 20 | | promulgated by the State Board and any non-curricular health | 21 | | and safety requirements added by the State Board to such list | 22 | | during the term of the charter. Nothing in this subsection (d) | 23 | | precludes an authorizer from including non-curricular health | 24 | | and safety requirements in a charter school contract that are | 25 | | not contained in the list promulgated by the State Board, | 26 | | including non-curricular health and safety requirements of the |
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| 1 | | authorizing local school board.
| 2 | | (e) Except as otherwise provided in the School Code, a | 3 | | charter school shall
not charge tuition; provided that a | 4 | | charter school may charge reasonable fees
for textbooks, | 5 | | instructional materials, and student activities.
| 6 | | (f) A charter school shall be responsible for the | 7 | | management and operation
of its fiscal affairs including,
but | 8 | | not limited to, the preparation of its budget. An audit of each | 9 | | charter
school's finances shall be conducted annually by an | 10 | | outside, independent
contractor retained by the charter | 11 | | school. To ensure financial accountability for the use of | 12 | | public funds, on or before December 1 of every year of | 13 | | operation, each charter school shall submit to its authorizer | 14 | | and the State Board a copy of its audit and a copy of the Form | 15 | | 990 the charter school filed that year with the federal | 16 | | Internal Revenue Service. In addition, if deemed necessary for | 17 | | proper financial oversight of the charter school, an authorizer | 18 | | may require quarterly financial statements from each charter | 19 | | school.
| 20 | | (g) A charter school shall comply with all provisions of | 21 | | this Article, the Illinois Educational Labor Relations Act, all | 22 | | federal and State laws and rules applicable to public schools | 23 | | that pertain to special education and the instruction of | 24 | | English learners, and
its charter. A charter
school is exempt | 25 | | from all other State laws and regulations in this Code
| 26 | | governing public
schools and local school board policies; |
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| 1 | | however, a charter school is not exempt from the following:
| 2 | | (1) Sections 10-21.9 and 34-18.5 of this Code regarding | 3 | | criminal
history records checks and checks of the Statewide | 4 | | Sex Offender Database and Statewide Murderer and Violent | 5 | | Offender Against Youth Database of applicants for | 6 | | employment;
| 7 | | (2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and | 8 | | 34-84a of this Code regarding discipline of
students;
| 9 | | (3) the Local Governmental and Governmental Employees | 10 | | Tort Immunity Act;
| 11 | | (4) Section 108.75 of the General Not For Profit | 12 | | Corporation Act of 1986
regarding indemnification of | 13 | | officers, directors, employees, and agents;
| 14 | | (5) the Abused and Neglected Child Reporting Act;
| 15 | | (5.5) subsection (b) of Section 10-23.12 and | 16 | | subsection (b) of Section 34-18.6 of this Code; | 17 | | (6) the Illinois School Student Records Act;
| 18 | | (7) Section 10-17a of this Code regarding school report | 19 | | cards;
| 20 | | (8) the P-20 Longitudinal Education Data System Act; | 21 | | (9) Section 27-23.7 of this Code regarding bullying | 22 | | prevention; and | 23 | | (10) Section 2-3.162 of this Code regarding student | 24 | | discipline reporting; and | 25 | | (11) Section 22-80 of this Code. | 26 | | The change made by Public Act 96-104 to this subsection (g) |
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| 1 | | is declaratory of existing law. | 2 | | (h) A charter school may negotiate and contract with a | 3 | | school district, the
governing body of a State college or | 4 | | university or public community college, or
any other public or | 5 | | for-profit or nonprofit private entity for: (i) the use
of a | 6 | | school building and grounds or any other real property or | 7 | | facilities that
the charter school desires to use or convert | 8 | | for use as a charter school site,
(ii) the operation and | 9 | | maintenance thereof, and
(iii) the provision of any service, | 10 | | activity, or undertaking that the charter
school is required to | 11 | | perform in order to carry out the terms of its charter.
| 12 | | However, a charter school
that is established on
or
after April | 13 | | 16, 2003 ( the effective date of Public Act 93-3) this | 14 | | amendatory Act of the 93rd General
Assembly and that operates
| 15 | | in a city having a population exceeding
500,000 may not | 16 | | 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) this amendatory Act of the | 19 | | 93rd General Assembly and
concludes at the end of the 2004-2005 | 20 | | school year.
Except as provided in subsection (i) of this | 21 | | Section, a school district may
charge a charter school | 22 | | reasonable rent for the use of the district's
buildings, | 23 | | grounds, and facilities. Any services for which a charter | 24 | | school
contracts
with a school district shall be provided by | 25 | | the district at cost. Any services
for which a charter school | 26 | | contracts with a local school board or with the
governing body |
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| 1 | | of a State college or university or public community college
| 2 | | shall be provided by the public entity at 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 subject
| 10 | | to negotiation between
the charter school and the local school | 11 | | board and shall be set forth in the
charter.
| 12 | | (j) A charter school may limit student enrollment by age or | 13 | | grade level.
| 14 | | (k) If the charter school is approved by the Commission, | 15 | | then the Commission charter school is its own local education | 16 | | agency. | 17 | | (Source: P.A. 98-16, eff. 5-24-13; 98-639, eff. 6-9-14; 98-669, | 18 | | eff. 6-26-14; 98-739, eff. 7-16-14; 98-783, eff. 1-1-15; | 19 | | 98-1059, eff. 8-26-14; 98-1102, eff. 8-26-14; 99-30, eff. | 20 | | 7-10-15; 99-78, eff. 7-20-15; 99-245, eff. 8-3-15; 99-325, eff. | 21 | | 8-10-15; 99-456, eff. 9-15-16; revised 10-19-15.)
| 22 | | (105 ILCS 5/34-18.6) (from Ch. 122, par. 34-18.6)
| 23 | | Sec. 34-18.6. Child abuse and neglect ; - detection,
| 24 | | reporting , and prevention. | 25 | | (a) The Board of Education may provide staff
development |
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| 1 | | for local school site personnel who work with pupils in grades
| 2 | | kindergarten through 8 , in the detection, reporting , and | 3 | | prevention of child
abuse and neglect.
| 4 | | (b) Using a format and language that is clear, simple, and | 5 | | understandable to students, each public school and charter | 6 | | school shall post, in English and Spanish: | 7 | | (1) the current toll-free telephone number of the | 8 | | Department of Children and Family Services' child abuse | 9 | | hotline; | 10 | | (2) instructions to call 9-1-1 for emergencies; and | 11 | | (3) directions for accessing the Department of | 12 | | Children and Family Services' website for more information | 13 | | on reporting abuse, neglect, and exploitation. | 14 | | Public schools and charter schools shall post the | 15 | | information specified in this subsection (b) at each school | 16 | | campus in at least one high-traffic, highly and clearly | 17 | | visible, public area that is readily accessible to and widely | 18 | | used by students. | 19 | | (Source: P.A. 84-1308.)
| 20 | | Section 95. No acceleration or delay. Where this Act makes | 21 | | changes in a statute that is represented in this Act by text | 22 | | that is not yet or no longer in effect (for example, a Section | 23 | | represented by multiple versions), the use of that text does | 24 | | not accelerate or delay the taking effect of (i) the changes | 25 | | made by this Act or (ii) provisions derived from any other |
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| 1 | | Public Act.".
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