Full Text of SB1679 99th General Assembly
SB1679sam003 99TH GENERAL ASSEMBLY | Sen. Kimberly A. Lightford Filed: 4/24/2015
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| 1 | | AMENDMENT TO SENATE BILL 1679
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1679, AS AMENDED, | 3 | | by replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 1. Short title. This Act may be cited as the | 6 | | Course Access Act. | 7 | | Section 5. Definitions. In this Act: | 8 | | "Course provider" means an entity authorized by the State | 9 | | Board to offer individual courses in person, online, or a | 10 | | combination of the 2, including, but not limited to, online | 11 | | education providers, public or private elementary and | 12 | | secondary education institutions, education service agencies, | 13 | | not-for-profit providers, postsecondary education | 14 | | institutions, and vocational or technical course providers. | 15 | | "Eligible funded student" means any eligible participating | 16 | | student who is currently enrolled in a public school or charter |
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| 1 | | school. | 2 | | "Eligible participating student" means any student in | 3 | | kindergarten through grade 12 who resides in this State. | 4 | | "Public school" means a public school or charter school. | 5 | | "State Board" means the State Board of Education. | 6 | | "State Course Access Catalog" means the website developed | 7 | | for the State Board of Education that provides a listing of all | 8 | | courses authorized and available to students in this State, | 9 | | detailed information about the courses to inform student | 10 | | enrollment decisions, and the ability for students to submit | 11 | | their course enrollments. The data in this Catalog shall be | 12 | | published online in an open format that may be retrieved, | 13 | | downloaded, indexed, and searched by commonly used web search | 14 | | applications. An open format shall be platform-independent, | 15 | | machine-readable, and made available to the public without | 16 | | restrictions that may impede the reuse of that information. The | 17 | | data in the Catalog shall be owned by the State Board. | 18 | | "State Course Access Program" means the Program created | 19 | | under this Act. | 20 | | Section 10. Enrollment.
An eligible participating student | 21 | | may enroll in State Course Access Program courses. | 22 | | An eligible funded student may enroll in State Course | 23 | | Access Program courses only if the courses the eligible funded | 24 | | student wants to enroll in are not offered at the eligible | 25 | | funded student's school. |
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| 1 | | An eligible funded student may enroll in State Course | 2 | | Access Program courses that are funded by the Program up to the | 3 | | following levels, unless additional courses are approved by the | 4 | | school where they are enrolled: | 5 | | (1) 2016-2017 school year: Students attending a public | 6 | | school who choose to participate in the State Course Access | 7 | | Program and entering the school year with credits equal to | 8 | | the junior or senior level of high school may take up to 2 | 9 | | courses per semester. | 10 | | (2) 2017-2018 school year: Students attending a public | 11 | | school who choose to participate in the State Course Access | 12 | | Program and entering the school year with credits equal to | 13 | | the sophomore, junior, or senior level of high school may | 14 | | take up to 2 courses per semester. | 15 | | (3) 2018-2019 school year and all school years | 16 | | thereafter: Students attending a public school who choose | 17 | | to participate in the State Course Access Program and | 18 | | entering grades 9 through 12 may take up to 2 courses per | 19 | | semester. | 20 | | The families of eligible funded students and other eligible | 21 | | participating students may pay to enroll in State Course Access | 22 | | Program courses above the levels specified under Section 50 of | 23 | | this Act.
| 24 | | Public and charter schools where eligible funded students | 25 | | are enrolled full time may review enrollment requests to ensure | 26 | | courses are academically appropriate, logistically feasible, |
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| 1 | | keep the student on track for an on-time graduation, and do not | 2 | | extend a student beyond a full-time course load. The public and | 3 | | charter schools may only reject enrollment requests for not | 4 | | doing so. | 5 | | The public and charter schools must complete the review and | 6 | | denial process within 5 days of the student enrolling in the | 7 | | course. | 8 | | Public and charter schools shall inform students and | 9 | | families at the time of denial of their right to appeal any | 10 | | enrollment denials in State Course Access Program courses to | 11 | | the school board, which shall provide a final enrollment | 12 | | decision within 7 calendar days. | 13 | | Section 15. Provider authorization process.
The State | 14 | | Board shall: | 15 | | (1)
Establish an authorization process for course | 16 | | providers that may include multiple opportunities for | 17 | | submission each year. | 18 | | (2) Not later than 90 calendar days from the initial | 19 | | submission date, authorize course providers that: | 20 | | (A) meet the criteria established under Section 20 | 21 | | of this Act; and
| 22 | | (B) provide courses that offer the instructional | 23 | | rigor and scope required under Section 25 of this Act. | 24 | | (3) Not later than 90 calendar days from the initial | 25 | | submission date, provide a written explanation to any |
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| 1 | | course providers that are denied. If a course provider is | 2 | | denied authorization, the provider may apply again in the | 3 | | future. If a course provider is denied authorization 3 | 4 | | times, the provider will no longer be able to apply. | 5 | | (4) Publish the process established under Section 20 of | 6 | | this Act, including any deadlines and any guidelines | 7 | | applicable to the submission and authorization process for | 8 | | providers. | 9 | | If the State Board determines that there are insufficient | 10 | | funds available for evaluating and authorizing course | 11 | | providers, it may charge applicant providers a fee up to, but | 12 | | no greater than, the amount of the costs in order to ensure | 13 | | that evaluation occurs. The State Board shall establish and | 14 | | publish a fee schedule for purposes of this Section. | 15 | | Section 20. Course provider criteria.
To be authorized to | 16 | | offer a course through the State Course Access Program, a | 17 | | provider must: | 18 | | (1) Comply with all applicable anti-discrimination | 19 | | provisions and applicable State and federal student data | 20 | | privacy provisions, including, but not limited to, the | 21 | | federal Family Educational Rights and Privacy Act. | 22 | | (2) Provide an assurance that all online information | 23 | | and resources for online or blended courses are fully | 24 | | accessible for students of all abilities, including that: | 25 | | (A) all of the courses submitted for approval are |
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| 1 | | reviewed to ensure they meet legal accessibility | 2 | | standards; | 3 | | (B) the provider has created and promulgated an | 4 | | Accessibility Online Public and Charter Schools | 5 | | Policy; | 6 | | (C) the provider has designated a Section 504 | 7 | | Coordinator and a Grievance Policy, and issued annual | 8 | | notifications; | 9 | | (D) the provider has policies and activities to | 10 | | ensure their organizational and course websites meet | 11 | | accessibility requirements; and
| 12 | | (E) the provider has no gateway exam or test where | 13 | | a specific score is required to participate in the | 14 | | Program courses beyond completion of prerequisite | 15 | | coursework or demonstrated mastery of prerequisite | 16 | | material. | 17 | | (3) Demonstrate either: | 18 | | (A) prior evidence of delivering quality outcomes | 19 | | for students, as demonstrated by completion rates, | 20 | | student level growth, proficiency, or other | 21 | | quantifiable outcomes; or
| 22 | | (B) for course providers applying to offer a | 23 | | subject or grade level for the first time, provide a | 24 | | detailed justification, in a manner determined by the | 25 | | State Board, of how their organization's subject | 26 | | matter, instructional, and technical expertise will |
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| 1 | | allow public and charter schools to produce successful | 2 | | outcomes for students. | 3 | | (4) Ensure instructional and curricular quality | 4 | | through a detailed curriculum and student performance | 5 | | accountability plan that aligns with and measures student | 6 | | attainment of relevant State academic standards or other | 7 | | relevant standards in courses without State academic | 8 | | standards. | 9 | | (5) Provide assurances that the course provider shall | 10 | | provide electronically, in a manner and format determined | 11 | | by the State Board, a detailed student record of | 12 | | enrollment, performance, completion, and grading | 13 | | information with the school systems where eligible | 14 | | participating students are enrolled full time. | 15 | | Additional criteria developed by the State Board shall be | 16 | | used to evaluate providers, and may include International | 17 | | Association for K-12 Online Learning, National Standards for | 18 | | Quality Online Teaching, National Standards for Quality Online | 19 | | Courses, Southern Regional Education Board, AdvancED, or other | 20 | | nationally recognized third party quality standards.
| 21 | | Section 25. Course quality reviews.
The State Board shall | 22 | | establish a course review and approval process. The process may | 23 | | be implemented by the State Board or by an entity designated by | 24 | | the State Board. | 25 | | In order to be approved and added to the State Course |
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| 1 | | Access Catalog, a course must: | 2 | | (1) Be one of the following types: | 3 | | (A) a course that satisfies high school graduation | 4 | | requirements; | 5 | | (B) a course identified by the State Board as | 6 | | necessary for college-readiness; | 7 | | (C) an Advanced Placement or International | 8 | | Baccalaureate course; | 9 | | (D) a music or arts course; | 10 | | (E) a STEM course; | 11 | | (F) a foreign language course; | 12 | | (G) a dual credit course that allows students to | 13 | | earn college credit or other advanced credit; or | 14 | | (H) a vocational or technical course, including | 15 | | apprenticeships and High School Career Exploration and | 16 | | Readiness courses. | 17 | | (2) Be, at a minimum, the equivalent in instructional | 18 | | rigor and scope to a course that is provided in a | 19 | | traditional classroom setting. | 20 | | (3) Be aligned to relevant State academic standards or | 21 | | industry standards. | 22 | | (4) Possess an assessment component for determining | 23 | | student proficiency and student growth where applicable. | 24 | | (5) Be designed and implemented consistently with | 25 | | criteria established by the International Association for | 26 | | K-12 Online Learning (INACOL) National Standards for |
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| 1 | | Quality Online Teaching and INACOL National Standards for | 2 | | Quality Online Courses, the Southern Regional Education | 3 | | Board, or AdvancED or with other nationally or | 4 | | industry-recognized third party quality standards. | 5 | | (6) Be taught by a teacher who holds a professional | 6 | | educator license under Article 21B of the School Code. | 7 | | A course provider other than the Illinois Virtual School | 8 | | may offer an online course only if the Illinois Virtual School | 9 | | decides to not offer the course via the State Course Access | 10 | | Catalog. | 11 | | Section 30. Provider and course monitoring and | 12 | | reauthorization.
The initial authorization of the course | 13 | | provider and approved courses shall be for a period of 3 years.
| 14 | | Providers must annually report, in such a manner as directed by | 15 | | the State Board: | 16 | | (1) student enrollment data; | 17 | | (2) student outcomes, growth measures when available, | 18 | | proficiency rates, and completion rates for each subject | 19 | | area and grade level; and | 20 | | (3) student and parental feedback on overall | 21 | | satisfaction and quality. | 22 | | After the second year of the initial authorization period, | 23 | | the State Board shall conduct a thorough review of the course | 24 | | provider's activities and the academic performance of the | 25 | | students enrolled in courses offered by the course provider. |
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| 1 | | If the performance of the students enrolled in courses | 2 | | offered by the course provider does not meet agreed-upon | 3 | | performance standards at any time, the course provider shall be | 4 | | placed on probation and shall be required to submit a plan for | 5 | | improvement. The State Board shall determine the terms of | 6 | | probation, including, but not limited to, the results the | 7 | | course provider must achieve to return to good standing. Course | 8 | | providers shall have a minimum of 60 days to achieve the | 9 | | results indicated in their terms of probation. The State Board | 10 | | shall, at its sole discretion, determine if the course provider | 11 | | has met the specified results required for the course provider | 12 | | to return to good standing. If a course provider fails to | 13 | | return to good standing within the timeframe cited in its terms | 14 | | of probation, the State Board may terminate its status as a | 15 | | course provider. Course providers terminated as a result of | 16 | | being put on probation may not reapply to become a course | 17 | | provider for 2 years from the time the State Board revoked its | 18 | | status. | 19 | | After the initial 3-year authorization period, the State | 20 | | Board may reauthorize the course provider for additional | 21 | | periods of up to 5 years after thorough review of the course | 22 | | provider's activities and the achievement of students enrolled | 23 | | in courses offered by the course provider. | 24 | |
The State Board may exclude a course provided by an | 25 | | authorized provider at any time if the State Board determines | 26 | | that: |
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| 1 | | (A) the course is no longer adequately aligned with the | 2 | | State academic standards; | 3 | | (B) the course no longer provides a detailed and | 4 | | quality curriculum and accountability plan; or | 5 | | (C) the course fails to deliver outcomes as measured by | 6 | | course completion, proficiency, or student academic growth | 7 | | on State or nationally accepted assessments. | 8 | | Section 35. Interstate course reciprocity. The State Board | 9 | | may enter into a reciprocity agreement with other states for | 10 | | the purpose of authorizing and approving high quality providers | 11 | | and courses for the State Course Access Program and the | 12 | | operation of the State Course Access Catalog. | 13 | | Section 40. Responsibilities of the State Board. | 14 | | (a)
The State Board shall: | 15 | | (1) Publish the criteria required under Section 20 of | 16 | | this Act for courses that may be offered through the State | 17 | | Course Access Program. | 18 | | (2) Be responsible for creating the State Course Access | 19 | | Catalog. | 20 | | (3) Publish a link to the Catalog in a prominent | 21 | | location on the State Board's website, which includes a | 22 | | listing of courses offered by authorized providers | 23 | | available through the Program, a detailed description of | 24 | | the courses, and any available student completion and |
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| 1 | | outcome data. | 2 | | (4) Establish and publish a timeframe or specific dates | 3 | | by which students are able to withdraw from a course | 4 | | provided through the Program without the student, public | 5 | | and charter schools, or course provider incurring a | 6 | | penalty. | 7 | | (5) Maintain on its official website in a prominent | 8 | | location an informed choice report. Each report under this | 9 | | Section must: | 10 | | (A) be updated within 30 calendar days of | 11 | | additional provider authorizations; | 12 | | (B) describe each course offered through the | 13 | | Program and include information such as course | 14 | | requirements and the school year calendar for the | 15 | | course, including any options for continued | 16 | | participation outside of the standard school year | 17 | | calendar; | 18 | | (C) include student and parental comments and | 19 | | feedback as detailed under Section 35 of this Act; and | 20 | | (D) be published online in an open format that can | 21 | | be retrieved, downloaded, indexed, and searched by | 22 | | commonly used web search applications. An open format | 23 | | is one that is platform-independent, machine-readable, | 24 | | and made available to the public without restrictions | 25 | | that would impede the reuse of that information. | 26 | | (b) The State Board shall submit an annual report on the |
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| 1 | | Program and the participation of entities to the Governor, the | 2 | | Chairperson and Minority Spokesperson of the Education | 3 | | Committee of the Senate, and the Chairperson and Minority | 4 | | Spokesperson of the Elementary and Secondary Education | 5 | | Committee of the House of Representatives. The report shall at | 6 | | a minimum include the following information: | 7 | | (1) The annual number of students participating in | 8 | | courses authorized under this Act and the total number of | 9 | | courses students are enrolled in. | 10 | | (2) The number of authorized providers. | 11 | | (3) The number of authorized courses and the number of | 12 | | students enrolled in each course.
| 13 | | (4) The number of courses available by subject. | 14 | | (5) The number of students enrolled in courses by | 15 | | subject. | 16 | | (6) Student outcome data, including completion rates, | 17 | | student learning gains, student performance on State or | 18 | | nationally accepted assessments, by subject and grade | 19 | | level by provider. This outcome data should be published in | 20 | | a manner that protects student privacy. | 21 | | The State Board shall note any data that are not yet | 22 | | available at the time of publication and when these data will | 23 | | become available and include these data in future reports. | 24 | | The report and underlying data shall be published online in | 25 | | an open format that can be retrieved, downloaded, indexed, and | 26 | | searched by commonly used web search applications. An open |
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| 1 | | format is one that is platform-independent, machine-readable, | 2 | | and made available to the public without restrictions that | 3 | | would impede the reuse of that information.
| 4 | | Section 45. Responsibilities of the local school district. | 5 | | (a)
A public school shall:
| 6 | | (1) State, in writing to the State Board, whether it | 7 | | wants to participate in the State Course Access Program | 8 | | during the 2016-2017 school year. | 9 | | (2) Provide information by letter or email to students | 10 | | and parents at home and by at least 2 other means, such as | 11 | | community flyers, newspaper postings, student report | 12 | | cards, or other methods.
| 13 | | (3) Publish information and eligibility guidelines on | 14 | | the school and school district's web sites. | 15 | | (b) Each local school system shall establish policies and | 16 | | procedures whereby, for each eligible participating student, | 17 | | credits earned through the course provider shall appear on each | 18 | | student's official transcript and count fully toward the | 19 | | requirements of any approved Illinois diploma. | 20 | | (c) The State Board shall adopt rules necessary to | 21 | | implement this Section, including, but not limited to, the | 22 | | requirements of school governing authorities or local school | 23 | | systems whose students enroll in courses offered by authorized | 24 | | course providers. | 25 | | (d) Nothing in this Act shall be construed to prevent a |
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| 1 | | school entity from establishing its own online course or | 2 | | program in accordance with this Act.
| 3 | | Section 50. Funding. | 4 | | (a) Per-course tuition shall be determined as follows: | 5 | | (1) The course provider shall receive per-course | 6 | | tuition for each eligible funded student at a fair and | 7 | | reasonable rate negotiated by the State Board and the | 8 | | course provider that is inclusive of all required course | 9 | | materials and transportation expenses. Course providers | 10 | | are only responsible for providing transportation for | 11 | | students who are enrolled in a free or reduced-price lunch | 12 | | program. Transfers of course payments shall be made by the | 13 | | State Board on behalf of the responsible school district in | 14 | | which the student resides to the authorized course | 15 | | provider. | 16 | | (2) The course provider shall receive payment from the | 17 | | State Board only for the courses in which an eligible | 18 | | funded student is enrolled. The remaining funds for each | 19 | | student shall remain with the local school system in which | 20 | | the student is enrolled full time. | 21 | | (3) The course provider shall accept the amount | 22 | | specified in this Section as total tuition and fees for the | 23 | | eligible funded student. | 24 | | (4) The course provider may charge tuition to any other | 25 | | eligible participating student up to an amount determined |
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| 1 | | by the course provider and State Board. | 2 | | (b) Payment of tuition to course providers shall be based | 3 | | upon student success and made as follows: | 4 | | (1) Fifty percent of the amount of tuition to be paid | 5 | | or transferred to the course provider shall be transferred | 6 | | upon student enrollment in a course, and 50% shall be | 7 | | dependent upon student success in the course. | 8 | | (2) Student success may, in the 2016-2017 school year, | 9 | | be measured based on course completion, but the State Board | 10 | | may create new measures of student success by the 2017-2018 | 11 | | school year for use in courses where externally validated | 12 | | measures are available. These measures of student | 13 | | outcomes, based on either proficiency or growth, shall | 14 | | include results from independent end-of-course exams, | 15 | | Advanced Placement exams, International Baccalaureate | 16 | | exams, receipt of industry-recognized credentials, receipt | 17 | | of credit from institutions of higher education, or other | 18 | | externally validated measures. | 19 | | (3) Partial payments for delayed completions shall be | 20 | | determined as follows: If a student does not successfully | 21 | | complete a course according to the published course length | 22 | | in which the course provider has received the first payment | 23 | | pursuant to this Section, the provider shall receive 75% of | 24 | | the tuition that is dependent upon student success, as | 25 | | defined in Section 30 of this Act, only if the student | 26 | | completes and receives credit for the course within one |
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| 1 | | additional semester. | 2 | | Section 900. The School Code is amended by changing Section | 3 | | 27A-5 as follows:
| 4 | | (105 ILCS 5/27A-5)
| 5 | | Sec. 27A-5. Charter school; legal entity; requirements.
| 6 | | (a) A charter school shall be a public, nonsectarian, | 7 | | nonreligious, non-home
based, and non-profit school. A charter | 8 | | school shall be organized and operated
as a nonprofit | 9 | | corporation or other discrete, legal, nonprofit entity
| 10 | | authorized under the laws of the State of Illinois.
| 11 | | (b) A charter school may be established under this Article | 12 | | by creating a new
school or by converting an existing public | 13 | | school or attendance center to
charter
school status.
Beginning | 14 | | on the effective date of this amendatory Act of the 93rd | 15 | | General
Assembly, in all new
applications to establish
a | 16 | | charter
school in a city having a population exceeding 500,000, | 17 | | operation of the
charter
school shall be limited to one campus. | 18 | | The changes made to this Section by this
amendatory Act
of the | 19 | | 93rd General
Assembly do not apply to charter schools existing | 20 | | or approved on or before the
effective date of this
amendatory | 21 | | Act. | 22 | | (b-5) In this subsection (b-5), "virtual-schooling" means | 23 | | a cyber school where students engage in online curriculum and | 24 | | instruction via the Internet and electronic communication with |
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| 1 | | their teachers at remote locations and with students | 2 | | participating at different times. | 3 | | From April 1, 2013 through December 31, 2016, there is a | 4 | | moratorium on the establishment of charter schools with | 5 | | virtual-schooling components in school districts other than a | 6 | | school district organized under Article 34 of this Code. This | 7 | | moratorium does not apply to a charter school with | 8 | | virtual-schooling components existing or approved prior to | 9 | | April 1, 2013 or to the renewal of the charter of a charter | 10 | | school with virtual-schooling components already approved | 11 | | prior to April 1, 2013. | 12 | | On or before March 1, 2014, the Commission shall submit to | 13 | | the General Assembly a report on the effect of | 14 | | virtual-schooling, including without limitation the effect on | 15 | | student performance, the costs associated with | 16 | | virtual-schooling, and issues with oversight. The report shall | 17 | | include policy recommendations for virtual-schooling.
| 18 | | (c) A charter school shall be administered and governed by | 19 | | its board of
directors or other governing body
in the manner | 20 | | provided in its charter. The governing body of a charter school
| 21 | | shall be subject to the Freedom of Information Act and the Open | 22 | | Meetings Act.
| 23 | | (d) A charter school shall comply with all applicable | 24 | | health and safety
requirements applicable to public schools | 25 | | under the laws of the State of
Illinois.
| 26 | | (e) Except as otherwise provided in the School Code, a |
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| 1 | | charter school shall
not charge tuition; provided that a | 2 | | charter school may charge reasonable fees
for textbooks, | 3 | | instructional materials, and student activities.
| 4 | | (f) A charter school shall be responsible for the | 5 | | management and operation
of its fiscal affairs including,
but | 6 | | not limited to, the preparation of its budget. An audit of each | 7 | | charter
school's finances shall be conducted annually by an | 8 | | outside, independent
contractor retained by the charter | 9 | | school. To ensure financial accountability for the use of | 10 | | public funds, on or before December 1 of every year of | 11 | | operation, each charter school shall submit to its authorizer | 12 | | and the State Board a copy of its audit and a copy of the Form | 13 | | 990 the charter school filed that year with the federal | 14 | | Internal Revenue Service. In addition, if deemed necessary for | 15 | | proper financial oversight of the charter school, an authorizer | 16 | | may require quarterly financial statements from each charter | 17 | | school.
| 18 | | (g) A charter school shall comply with all provisions of | 19 | | this Article; the Illinois Educational Labor Relations Act; all | 20 | | federal and State laws and rules applicable to public schools | 21 | | that pertain to special education and the instruction of | 22 | | English language learners, referred to in this Code as | 23 | | "children of limited English-speaking ability"; and
its | 24 | | charter. A charter
school is exempt from all other State laws | 25 | | and regulations in this Code
governing public
schools and local | 26 | | school board policies ; however a charter school is not exempt |
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| 1 | | from , except 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 24-24 and 34-84A of this Code regarding | 8 | | 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 | | (6) the Illinois School Student Records Act;
| 16 | | (7) Section 10-17a of this Code regarding school report | 17 | | cards;
| 18 | | (8) the P-20 Longitudinal Education Data System Act; | 19 | | and | 20 | | (9) Section 27-23.7 of this Code regarding bullying | 21 | | prevention ; . | 22 | | (10) (9) Section 2-3.162 2-3.160 of this the School | 23 | | Code regarding student discipline reporting ; and . | 24 | | (11) The Course Access Act. | 25 | | The change made by Public Act 96-104 to this subsection (g) | 26 | | is declaratory of existing law. |
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| 1 | | (h) A charter school may negotiate and contract with a | 2 | | school district, the
governing body of a State college or | 3 | | university or public community college, or
any other public or | 4 | | for-profit or nonprofit private entity for: (i) the use
of a | 5 | | school building and grounds or any other real property or | 6 | | facilities that
the charter school desires to use or convert | 7 | | for use as a charter school site,
(ii) the operation and | 8 | | maintenance thereof, and
(iii) the provision of any service, | 9 | | activity, or undertaking that the charter
school is required to | 10 | | perform in order to carry out the terms of its charter.
| 11 | | However, a charter school
that is established on
or
after the | 12 | | effective date of this amendatory Act of the 93rd General
| 13 | | Assembly and that operates
in a city having a population | 14 | | exceeding
500,000 may not contract with a for-profit entity to
| 15 | | manage or operate the school during the period that commences | 16 | | on the
effective date of this amendatory Act of the 93rd | 17 | | General Assembly and
concludes at the end of the 2004-2005 | 18 | | school year.
Except as provided in subsection (i) of this | 19 | | Section, a school district may
charge a charter school | 20 | | reasonable rent for the use of the district's
buildings, | 21 | | grounds, and facilities. Any services for which a charter | 22 | | school
contracts
with a school district shall be provided by | 23 | | the district at cost. Any services
for which a charter school | 24 | | contracts with a local school board or with the
governing body | 25 | | of a State college or university or public community college
| 26 | | shall be provided by the public entity at cost.
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| 1 | | (i) In no event shall a charter school that is established | 2 | | by converting an
existing school or attendance center to | 3 | | charter school status be required to
pay rent for space
that is | 4 | | deemed available, as negotiated and provided in the charter | 5 | | agreement,
in school district
facilities. However, all other | 6 | | costs for the operation and maintenance of
school district | 7 | | facilities that are used by the charter school shall be subject
| 8 | | to negotiation between
the charter school and the local school | 9 | | board and shall be set forth in the
charter.
| 10 | | (j) A charter school may limit student enrollment by age or | 11 | | grade level.
| 12 | | (k) If the charter school is approved by the Commission, | 13 | | then the Commission charter school is its own local education | 14 | | agency. | 15 | | (Source: P.A. 97-152, eff. 7-20-11; 97-154, eff. 1-1-12; | 16 | | 97-813, eff. 7-13-12; 98-16, eff. 5-24-13; 98-639, eff. 6-9-14; | 17 | | 98-669, eff. 6-26-14; 98-739, eff. 7-16-14; 98-783, eff. | 18 | | 1-1-15; 98-1059, eff. 8-26-14; 98-1102, eff. 8-26-14; revised | 19 | | 10-14-14.)
| 20 | | Section 999. Effective date. This Act takes effect January | 21 | | 1, 2016.".
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