Illinois General Assembly - Full Text of HB1778
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Full Text of HB1778  102nd General Assembly

HB1778 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB1778

 

Introduced 2/17/2021, by Rep. Michelle Mussman

 

SYNOPSIS AS INTRODUCED:
 
105 ILCS 5/10-20.73 new
105 ILCS 5/27A-5
105 ILCS 5/34-18.67 new
110 ILCS 58/25

    Amends the School Code and the Mental Health Early Action on Campus Act. Provides that if a school district issues an identification card to pupils in any of grades 7 through 12, the district shall provide contact information for the National Suicide Prevention Lifeline, the Crisis Text Line, and a local suicide prevention hotline on the identification card. Provides that if a public college or university issues an identification card to students, the public college or university must provide on the identification card (i) contact information for the National Suicide Prevention Lifeline, the Crisis Text Line, and a local suicide prevention hotline and (ii) the campus police or campus security telephone number or a local nonemergency telephone number. Effective July 1, 2022.


LRB102 11751 CMG 17086 b

FISCAL NOTE ACT MAY APPLY
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

 

 

A BILL FOR

 

HB1778LRB102 11751 CMG 17086 b

1    AN ACT concerning education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The School Code is amended by adding Sections
510-20.73 and 34-18.67 and by changing Section 27A-5 as
6follows:
 
7    (105 ILCS 5/10-20.73 new)
8    Sec. 10-20.73. Identification cards; suicide prevention
9information. Each school district that serves pupils in any of
10grades 7 through 12 and that issues an identification card to
11pupils in any of grades 7 through 12 shall provide contact
12information for the National Suicide Prevention Lifeline, the
13Crisis Text Line, and a local suicide prevention hotline on
14the identification card.
 
15    (105 ILCS 5/27A-5)
16    Sec. 27A-5. Charter school; legal entity; requirements.
17    (a) A charter school shall be a public, nonsectarian,
18nonreligious, non-home based, and non-profit school. A charter
19school shall be organized and operated as a nonprofit
20corporation or other discrete, legal, nonprofit entity
21authorized under the laws of the State of Illinois.
22    (b) A charter school may be established under this Article

 

 

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1by creating a new school or by converting an existing public
2school or attendance center to charter school status.
3Beginning on April 16, 2003 (the effective date of Public Act
493-3), in all new applications to establish a charter school
5in a city having a population exceeding 500,000, operation of
6the charter school shall be limited to one campus. The changes
7made to this Section by Public Act 93-3 do not apply to charter
8schools existing or approved on or before April 16, 2003 (the
9effective date of Public Act 93-3).
10    (b-5) In this subsection (b-5), "virtual-schooling" means
11a cyber school where students engage in online curriculum and
12instruction via the Internet and electronic communication with
13their teachers at remote locations and with students
14participating at different times.
15    From April 1, 2013 through December 31, 2016, there is a
16moratorium on the establishment of charter schools with
17virtual-schooling components in school districts other than a
18school district organized under Article 34 of this Code. This
19moratorium does not apply to a charter school with
20virtual-schooling components existing or approved prior to
21April 1, 2013 or to the renewal of the charter of a charter
22school with virtual-schooling components already approved
23prior to April 1, 2013.
24    (c) A charter school shall be administered and governed by
25its board of directors or other governing body in the manner
26provided in its charter. The governing body of a charter

 

 

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1school shall be subject to the Freedom of Information Act and
2the Open Meetings Act. No later than January 1, 2021 (one year
3after the effective date of Public Act 101-291) this
4amendatory Act of the 101st General Assembly, a charter
5school's board of directors or other governing body must
6include at least one parent or guardian of a pupil currently
7enrolled in the charter school who may be selected through the
8charter school or a charter network election, appointment by
9the charter school's board of directors or other governing
10body, or by the charter school's Parent Teacher Organization
11or its equivalent.
12    (c-5) No later than January 1, 2021 (one year after the
13effective date of Public Act 101-291) this amendatory Act of
14the 101st General Assembly or within the first year of his or
15her first term, every voting member of a charter school's
16board of directors or other governing body shall complete a
17minimum of 4 hours of professional development leadership
18training to ensure that each member has sufficient familiarity
19with the board's or governing body's role and
20responsibilities, including financial oversight and
21accountability of the school, evaluating the principal's and
22school's performance, adherence to the Freedom of Information
23Act and the Open Meetings Act Acts, and compliance with
24education and labor law. In each subsequent year of his or her
25term, a voting member of a charter school's board of directors
26or other governing body shall complete a minimum of 2 hours of

 

 

HB1778- 4 -LRB102 11751 CMG 17086 b

1professional development training in these same areas. The
2training under this subsection may be provided or certified by
3a statewide charter school membership association or may be
4provided or certified by other qualified providers approved by
5the State Board of Education.
6    (d) For purposes of this subsection (d), "non-curricular
7health and safety requirement" means any health and safety
8requirement created by statute or rule to provide, maintain,
9preserve, or safeguard safe or healthful conditions for
10students and school personnel or to eliminate, reduce, or
11prevent threats to the health and safety of students and
12school personnel. "Non-curricular health and safety
13requirement" does not include any course of study or
14specialized instructional requirement for which the State
15Board has established goals and learning standards or which is
16designed primarily to impart knowledge and skills for students
17to master and apply as an outcome of their education.
18    A charter school shall comply with all non-curricular
19health and safety requirements applicable to public schools
20under the laws of the State of Illinois. On or before September
211, 2015, the State Board shall promulgate and post on its
22Internet website a list of non-curricular health and safety
23requirements that a charter school must meet. The list shall
24be updated annually no later than September 1. Any charter
25contract between a charter school and its authorizer must
26contain a provision that requires the charter school to follow

 

 

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1the list of all non-curricular health and safety requirements
2promulgated by the State Board and any non-curricular health
3and safety requirements added by the State Board to such list
4during the term of the charter. Nothing in this subsection (d)
5precludes an authorizer from including non-curricular health
6and safety requirements in a charter school contract that are
7not contained in the list promulgated by the State Board,
8including non-curricular health and safety requirements of the
9authorizing local school board.
10    (e) Except as otherwise provided in the School Code, a
11charter school shall not charge tuition; provided that a
12charter school may charge reasonable fees for textbooks,
13instructional materials, and student activities.
14    (f) A charter school shall be responsible for the
15management and operation of its fiscal affairs including, but
16not limited to, the preparation of its budget. An audit of each
17charter school's finances shall be conducted annually by an
18outside, independent contractor retained by the charter
19school. To ensure financial accountability for the use of
20public funds, on or before December 1 of every year of
21operation, each charter school shall submit to its authorizer
22and the State Board a copy of its audit and a copy of the Form
23990 the charter school filed that year with the federal
24Internal Revenue Service. In addition, if deemed necessary for
25proper financial oversight of the charter school, an
26authorizer may require quarterly financial statements from

 

 

HB1778- 6 -LRB102 11751 CMG 17086 b

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

 

 

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1    report cards;
2        (8) the P-20 Longitudinal Education Data System Act;
3        (9) Section 27-23.7 of this Code regarding bullying
4    prevention;
5        (10) Section 2-3.162 of this Code regarding student
6    discipline reporting;
7        (11) Sections 22-80 and 27-8.1 of this Code;
8        (12) Sections 10-20.60 and 34-18.53 of this Code;
9        (13) Sections 10-20.63 and 34-18.56 of this Code;
10        (14) Section 26-18 of this Code;
11        (15) Section 22-30 of this Code; and
12        (16) Sections 24-12 and 34-85 of this Code; .
13        (17) the (16) The Seizure Smart School Act; and .
14        (18) Sections 10-20.73 and 34-18.67 of this Code.
15    The change made by Public Act 96-104 to this subsection
16(g) is declaratory of existing law.
17    (h) A charter school may negotiate and contract with a
18school district, the governing body of a State college or
19university or public community college, or any other public or
20for-profit or nonprofit private entity for: (i) the use of a
21school building and grounds or any other real property or
22facilities that the charter school desires to use or convert
23for use as a charter school site, (ii) the operation and
24maintenance thereof, and (iii) the provision of any service,
25activity, or undertaking that the charter school is required
26to perform in order to carry out the terms of its charter.

 

 

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1However, a charter school that is established on or after
2April 16, 2003 (the effective date of Public Act 93-3) and that
3operates in a city having a population exceeding 500,000 may
4not contract with a for-profit entity to manage or operate the
5school during the period that commences on April 16, 2003 (the
6effective date of Public Act 93-3) and concludes at the end of
7the 2004-2005 school year. Except as provided in subsection
8(i) of this Section, a school district may charge a charter
9school reasonable rent for the use of the district's
10buildings, grounds, and facilities. Any services for which a
11charter school contracts with a school district shall be
12provided by the district at cost. Any services for which a
13charter school contracts with a local school board or with the
14governing body of a State college or university or public
15community college shall be provided by the public entity at
16cost.
17    (i) In no event shall a charter school that is established
18by converting an existing school or attendance center to
19charter school status be required to pay rent for space that is
20deemed available, as negotiated and provided in the charter
21agreement, in school district facilities. However, all other
22costs for the operation and maintenance of school district
23facilities that are used by the charter school shall be
24subject to negotiation between the charter school and the
25local 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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1or grade level.
2    (k) If the charter school is approved by the State Board or
3Commission, then the charter school is its own local education
4agency.
5(Source: P.A. 100-29, eff. 1-1-18; 100-156, eff. 1-1-18;
6100-163, eff. 1-1-18; 100-413, eff. 1-1-18; 100-468, eff.
76-1-18; 100-726, eff. 1-1-19; 100-863, eff. 8-14-18; 101-50,
8eff. 7-1-20; 101-81, eff. 7-12-19; 101-291, eff. 1-1-20;
9101-531, eff. 8-23-19; 101-543, eff. 8-23-19; revised 8-4-20.)
 
10    (105 ILCS 5/34-18.67 new)
11    Sec. 34-18.67. Identification cards; suicide prevention
12information. If the school district issues an identification
13card to pupils in any of grades 7 through 12, the district
14shall provide contact information for the National Suicide
15Prevention Lifeline, the Crisis Text Line, and a local suicide
16prevention hotline on the identification card.
 
17    Section 10. The Mental Health Early Action on Campus Act
18is amended by changing Section 25 as follows:
 
19    (110 ILCS 58/25)
20    Sec. 25. Awareness. To raise mental health awareness on
21college campuses, each public college or university must do
22all of the following:
23        (1) Develop and implement an annual student

 

 

HB1778- 10 -LRB102 11751 CMG 17086 b

1    orientation session aimed at raising awareness about
2    mental health conditions.
3        (2) Assess courses and seminars available to students
4    through their regular academic experiences and implement
5    mental health awareness curricula if opportunities for
6    integration exist.
7        (3) Create and feature a page on its website or mobile
8    application with information dedicated solely to the
9    mental health resources available to students at the
10    public college or university and in the surrounding
11    community.
12        (4) Distribute messages related to mental health
13    resources that encourage help-seeking behavior through the
14    online learning platform of the public college or
15    university during high stress periods of the academic
16    year, including, but not limited to, midterm or final
17    examinations. These stigma-reducing strategies must be
18    based on documented best practices.
19        (5) Three years after the effective date of this Act,
20    implement an online screening tool to raise awareness and
21    establish a mechanism to link or refer students of the
22    public college or university to services. Screenings and
23    resources must be available year round for students and,
24    at a minimum, must (i) include validated screening tools
25    for depression, an anxiety disorder, an eating disorder,
26    substance use, alcohol-use disorder, post-traumatic stress

 

 

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1    disorder, and bipolar disorder, (ii) provide resources for
2    immediate connection to services, if indicated, including
3    emergency resources, (iii) provide general information
4    about all mental health-related resources available to
5    students of the public college or university, and (iv)
6    function anonymously.
7        (6) At least once per term and at times of high
8    academic stress, including midterm or final examinations,
9    provide students information regarding online screenings
10    and resources.
11        (7) If the public college or university issues an
12    identification card to students, provide on the
13    identification card (i) contact information for the
14    National Suicide Prevention Lifeline, the Crisis Text
15    Line, and a local suicide prevention hotline and (ii) the
16    campus police or campus security telephone number or a
17    local nonemergency telephone number.
18(Source: P.A. 101-251, eff. 7-1-20.)
 
19    Section 99. Effective date. This Act takes effect July 1,
202022.