Illinois General Assembly - Full Text of HB5265
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Full Text of HB5265  102nd General Assembly

HB5265 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB5265

 

Introduced 1/31/2022, by Rep. Will Guzzardi

 

SYNOPSIS AS INTRODUCED:
 
105 ILCS 5/1-3  from Ch. 122, par. 1-3
105 ILCS 5/10-20.13  from Ch. 122, par. 10-20.13
105 ILCS 5/27A-5
105 ILCS 5/28-19.2  from Ch. 122, par. 28-19.2
105 ILCS 5/34-21.6  from Ch. 122, par. 34-21.6

    Amends the School Code. Defines "school fees" or "fees" to mean any monetary charge collected by a public school, public school district, or charter school from a student or the parents or guardian of a student as a prerequisite for the student's participation in any curricular or extracurricular program of the school or school district. Provides that homeless children and youth as defined in Section 11434A of the federal McKinney-Vento Homeless Assistance Act also qualify for a waiver for fees and fines for the loss or destruction of school property (currently, fees). Provides that the school board may provide for waiver verification no more often than once every academic year (currently, once every 60 days). Provides that no discrimination or punishment of any kind, including, but not limited to, the lowering of grades, exclusion from classes, or withholding of student records, transcripts or diplomas, (currently, lowering of grades or exclusion from classes) may be exercised against a student whose because the student's parents or guardians are unable to purchase required textbooks or instructional materials.


LRB102 25007 RJT 34263 b

 

 

A BILL FOR

 

HB5265LRB102 25007 RJT 34263 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 changing Sections
51-3, 10-20.13, 27A-5, 28-19.2, and 34-21.6 as follows:
 
6    (105 ILCS 5/1-3)  (from Ch. 122, par. 1-3)
7    Sec. 1-3. Definitions. In this Code:
8    The terms "common schools", "free schools" and "public
9schools" are used interchangeably to apply to any school
10operated by authority of this Act.
11    "School board" means the governing body of any district
12created or operating under authority of this Code, including
13board of school directors and board of education. When the
14context so indicates it also means the governing body of any
15non-high school district and of any special charter district,
16including a board of school inspectors.
17    "School fees" or "fees" means any monetary charge
18collected by a public school, public school district, or
19charter school from a student or the parents or guardian of a
20student as a prerequisite for the student's participation in
21any curricular or extracurricular program of the school or
22school district.
23    "Special charter district" means any city, township, or

 

 

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1district organized into a school district, under a special Act
2or charter of the General Assembly or in which schools are now
3managed and operating within such unit in whole or in part
4under the terms of such special Act or charter.
5(Source: P.A. 102-687, eff. 12-17-21.)
 
6    (105 ILCS 5/10-20.13)  (from Ch. 122, par. 10-20.13)
7    Sec. 10-20.13. Textbooks for children of parents unable to
8buy them and other fees.
9    (a) To purchase, at the expense of the district, a
10sufficient number of textbooks for children whose parents are
11unable to buy them, including but not limited to children
12living in households that meet the free or reduced lunch or
13breakfast eligibility guidelines established by the federal
14government pursuant to Section 1758 of the federal Richard B.
15Russell National School Lunch Act (42 U.S.C. 1758; 7 C.F.R.
16245 et seq.) and homeless children and youth as defined in
17Section 11434a of the federal McKinney-Vento Homeless
18Assistance Act (42 U.S.C. 11434a), subject to verification as
19set forth in subsection (c) of this Section. Such textbooks
20shall be loaned only, and the directors shall require the
21teacher to see that they are properly cared for and returned at
22the end of each term of school.
23    (b) To waive all fees and any fines for the loss or
24destruction of school property assessed by the district on
25children whose parents are unable to afford them, including

 

 

HB5265- 3 -LRB102 25007 RJT 34263 b

1but not limited to:
2        (1) children living in households that meet the free
3    lunch or breakfast eligibility guidelines established by
4    the federal government pursuant to Section 1758 of the
5    federal Richard B. Russell National School Lunch Act (42
6    U.S.C. 1758; 7 C.F.R. 245 et seq.), subject to
7    verification as set forth in subsection (c) of this
8    Section, and
9        (2)homeless children and youth as defined in Section
10    11434a of the federal McKinney-Vento Homeless Assistance
11    Act (42 U.S.C. 11434a).
12    Notice of waiver availability shall be given to parents or
13guardians with every bill for fees or fines. The school board
14shall adopt written policies and procedures for such waiver of
15fees in accordance with regulations promulgated by the State
16Board of Education.
17    (c) Any school board that participates in a federally
18funded, school-based child nutrition program and uses a
19student's application for, eligibility for, or participation
20in the federally funded, school-based child nutrition program
21(42 U.S.C. 1758; 7 C.F.R. 245 et seq.) as the basis for waiving
22fees assessed by the school district must follow the
23verification requirements of the federally funded,
24school-based child nutrition program (42 U.S.C. 1758; 7 C.F.R.
25245.6a).
26    A school board that establishes a process for the

 

 

HB5265- 4 -LRB102 25007 RJT 34263 b

1determination of eligibility for waiver of fees assessed by
2the school district that is completely independent of a
3student's application for, eligibility for, or participation
4in a federally funded, school-based child nutrition program
5may provide for fee waiver verification no more often than
6once per academic year every 60 calendar days. Information
7obtained during the independent, fee waiver verification
8process indicating that the student does not meet free or
9reduced lunch or breakfast eligibility guidelines may be used
10to deny the waiver of the student's fees or fines for the loss
11or destruction of school property, provided that any
12information obtained through this independent process for
13determining or verifying eligibility for fee waivers shall not
14be used to determine or verify eligibility for any federally
15funded, school-based child nutrition program. This subsection
16shall not preclude children from obtaining waivers at any
17point during the academic year.
18(Source: P.A. 96-360, eff. 9-1-09.)
 
19    (105 ILCS 5/27A-5)
20    (Text of Section before amendment by P.A. 102-157 and P.A.
21102-466)
22    Sec. 27A-5. Charter school; legal entity; requirements.
23    (a) A charter school shall be a public, nonsectarian,
24nonreligious, non-home based, and non-profit school. A charter
25school shall be organized and operated as a nonprofit

 

 

HB5265- 5 -LRB102 25007 RJT 34263 b

1corporation or other discrete, legal, nonprofit entity
2authorized under the laws of the State of Illinois.
3    (b) A charter school may be established under this Article
4by creating a new school or by converting an existing public
5school or attendance center to charter school status.
6Beginning on April 16, 2003 (the effective date of Public Act
793-3), in all new applications to establish a charter school
8in a city having a population exceeding 500,000, operation of
9the charter school shall be limited to one campus. The changes
10made to this Section by Public Act 93-3 do not apply to charter
11schools existing or approved on or before April 16, 2003 (the
12effective date of Public Act 93-3).
13    (b-5) In this subsection (b-5), "virtual-schooling" means
14a cyber school where students engage in online curriculum and
15instruction via the Internet and electronic communication with
16their teachers at remote locations and with students
17participating at different times.
18    From April 1, 2013 through December 31, 2016, there is a
19moratorium on the establishment of charter schools with
20virtual-schooling components in school districts other than a
21school district organized under Article 34 of this Code. This
22moratorium does not apply to a charter school with
23virtual-schooling components existing or approved prior to
24April 1, 2013 or to the renewal of the charter of a charter
25school with virtual-schooling components already approved
26prior to April 1, 2013.

 

 

HB5265- 6 -LRB102 25007 RJT 34263 b

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

 

 

HB5265- 7 -LRB102 25007 RJT 34263 b

1other governing body shall complete a minimum of 2 hours of
2professional development training in these same areas. The
3training under this subsection may be provided or certified by
4a statewide charter school membership association or may be
5provided or certified by other qualified providers approved by
6the State Board of Education.
7    (d) For purposes of this subsection (d), "non-curricular
8health and safety requirement" means any health and safety
9requirement created by statute or rule to provide, maintain,
10preserve, or safeguard safe or healthful conditions for
11students and school personnel or to eliminate, reduce, or
12prevent threats to the health and safety of students and
13school personnel. "Non-curricular health and safety
14requirement" does not include any course of study or
15specialized instructional requirement for which the State
16Board has established goals and learning standards or which is
17designed primarily to impart knowledge and skills for students
18to master and apply as an outcome of their education.
19    A charter school shall comply with all non-curricular
20health and safety requirements applicable to public schools
21under the laws of the State of Illinois. On or before September
221, 2015, the State Board shall promulgate and post on its
23Internet website a list of non-curricular health and safety
24requirements that a charter school must meet. The list shall
25be updated annually no later than September 1. Any charter
26contract between a charter school and its authorizer must

 

 

HB5265- 8 -LRB102 25007 RJT 34263 b

1contain a provision that requires the charter school to follow
2the list of all non-curricular health and safety requirements
3promulgated by the State Board and any non-curricular health
4and safety requirements added by the State Board to such list
5during the term of the charter. Nothing in this subsection (d)
6precludes an authorizer from including non-curricular health
7and safety requirements in a charter school contract that are
8not contained in the list promulgated by the State Board,
9including non-curricular health and safety requirements of the
10authorizing local school board.
11    (e) Except as otherwise provided in the School Code, a
12charter school shall not charge tuition; provided that a
13charter school may charge reasonable fees for textbooks,
14instructional materials, and student activities.
15    (f) A charter school shall be responsible for the
16management and operation of its fiscal affairs, including, but
17not limited to, the preparation of its budget. An audit of each
18charter school's finances shall be conducted annually by an
19outside, independent contractor retained by the charter
20school. The contractor shall not be an employee of the charter
21school or affiliated with the charter school or its authorizer
22in any way, other than to audit the charter school's finances.
23To ensure financial accountability for the use of public
24funds, on or before December 1 of every year of operation, each
25charter school shall submit to its authorizer and the State
26Board a copy of its audit and a copy of the Form 990 the

 

 

HB5265- 9 -LRB102 25007 RJT 34263 b

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

 

 

HB5265- 10 -LRB102 25007 RJT 34263 b

1        (5.5) subsection (b) of Section 10-23.12 and
2    subsection (b) of Section 34-18.6 of this Code;
3        (6) the Illinois School Student Records Act;
4        (7) Section 10-17a of this Code regarding school
5    report cards;
6        (8) the P-20 Longitudinal Education Data System Act;
7        (9) Section 27-23.7 of this Code regarding bullying
8    prevention;
9        (10) Section 2-3.162 of this Code regarding student
10    discipline reporting;
11        (11) Sections 22-80 and 27-8.1 of this Code;
12        (12) Sections 10-20.60 and 34-18.53 of this Code;
13        (13) Sections 10-20.63 and 34-18.56 of this Code;
14        (14) Section 26-18 of this Code;
15        (15) Section 22-30 of this Code;
16        (16) Sections 24-12 and 34-85 of this Code; and
17        (17) the Seizure Smart School Act;
18        (18) Section 2-3.64a-10 of this Code; and
19        (19) (18) Sections 10-20.73 and 34-21.9 of this Code; .
20        (20) (19) Section 10-22.25b of this Code; .
21        (21) (19) Section 27-9.1a of this Code;
22        (22) (20) Section 27-9.1b of this Code; and
23        (23) (21) Section 34-18.8 of this Code; .
24        (25) (19) Section 2-3.188 of this Code; and
25        (26) (20) Section 22-85.5 of this Code; .
26        (27) Section 34-21.6 of this Code;

 

 

HB5265- 11 -LRB102 25007 RJT 34263 b

1        (28) Section 28-19.2 of this Code; and
2        (29) Section 10-20.13 of this Code.
3    The change made by Public Act 96-104 to this subsection
4(g) is declaratory of existing law.
5    (h) A charter school may negotiate and contract with a
6school district, the governing body of a State college or
7university or public community college, or any other public or
8for-profit or nonprofit private entity for: (i) the use of a
9school building and grounds or any other real property or
10facilities that the charter school desires to use or convert
11for use as a charter school site, (ii) the operation and
12maintenance thereof, and (iii) the provision of any service,
13activity, or undertaking that the charter school is required
14to perform in order to carry out the terms of its charter.
15However, a charter school that is established on or after
16April 16, 2003 (the effective date of Public Act 93-3) and that
17operates in a city having a population exceeding 500,000 may
18not contract with a for-profit entity to manage or operate the
19school during the period that commences on April 16, 2003 (the
20effective date of Public Act 93-3) and concludes at the end of
21the 2004-2005 school year. Except as provided in subsection
22(i) of this Section, a school district may charge a charter
23school reasonable rent for the use of the district's
24buildings, grounds, and facilities. Any services for which a
25charter school contracts with a school district shall be
26provided by the district at cost. Any services for which a

 

 

HB5265- 12 -LRB102 25007 RJT 34263 b

1charter school contracts with a local school board or with the
2governing body of a State college or university or public
3community college shall be provided by the public entity at
4cost.
5    (i) In no event shall a charter school that is established
6by converting an existing school or attendance center to
7charter school status be required to pay rent for space that is
8deemed available, as negotiated and provided in the charter
9agreement, in school district facilities. However, all other
10costs for the operation and maintenance of school district
11facilities that are used by the charter school shall be
12subject to negotiation between the charter school and the
13local school board and shall be set forth in the charter.
14    (j) A charter school may limit student enrollment by age
15or grade level.
16    (k) If the charter school is approved by the State Board or
17Commission, then the charter school is its own local education
18agency.
19(Source: P.A. 101-50, eff. 7-1-20; 101-81, eff. 7-12-19;
20101-291, eff. 1-1-20; 101-531, eff. 8-23-19; 101-543, eff.
218-23-19; 101-654, eff. 3-8-21; 102-51, eff. 7-9-21; 102-360,
22eff. 1-1-22; 102-445, eff. 8-20-21; 102-522, eff. 8-20-21;
23102-558, eff. 8-20-21; 102-676, eff. 12-3-21; revised
2412-21-21.)
 
25    (Text of Section after amendment by P.A. 102-157 but

 

 

HB5265- 13 -LRB102 25007 RJT 34263 b

1before amendment by P.A. 102-466)
2    Sec. 27A-5. Charter school; legal entity; requirements.
3    (a) A charter school shall be a public, nonsectarian,
4nonreligious, non-home based, and non-profit school. A charter
5school shall be organized and operated as a nonprofit
6corporation or other discrete, legal, nonprofit entity
7authorized under the laws of the State of Illinois.
8    (b) A charter school may be established under this Article
9by creating a new school or by converting an existing public
10school or attendance center to charter school status.
11Beginning on April 16, 2003 (the effective date of Public Act
1293-3), in all new applications to establish a charter school
13in a city having a population exceeding 500,000, operation of
14the charter school shall be limited to one campus. The changes
15made to this Section by Public Act 93-3 do not apply to charter
16schools existing or approved on or before April 16, 2003 (the
17effective date of Public Act 93-3).
18    (b-5) In this subsection (b-5), "virtual-schooling" means
19a cyber school where students engage in online curriculum and
20instruction via the Internet and electronic communication with
21their teachers at remote locations and with students
22participating at different times.
23    From April 1, 2013 through December 31, 2016, there is a
24moratorium on the establishment of charter schools with
25virtual-schooling components in school districts other than a
26school district organized under Article 34 of this Code. This

 

 

HB5265- 14 -LRB102 25007 RJT 34263 b

1moratorium does not apply to a charter school with
2virtual-schooling components existing or approved prior to
3April 1, 2013 or to the renewal of the charter of a charter
4school with virtual-schooling components already approved
5prior to April 1, 2013.
6    (c) A charter school shall be administered and governed by
7its board of directors or other governing body in the manner
8provided in its charter. The governing body of a charter
9school shall be subject to the Freedom of Information Act and
10the Open Meetings Act. No later than January 1, 2021 (one year
11after the effective date of Public Act 101-291), a charter
12school's board of directors or other governing body must
13include at least one parent or guardian of a pupil currently
14enrolled in the charter school who may be selected through the
15charter school or a charter network election, appointment by
16the charter school's board of directors or other governing
17body, or by the charter school's Parent Teacher Organization
18or its equivalent.
19    (c-5) No later than January 1, 2021 (one year after the
20effective date of Public Act 101-291) or within the first year
21of his or her first term, every voting member of a charter
22school's board of directors or other governing body shall
23complete a minimum of 4 hours of professional development
24leadership training to ensure that each member has sufficient
25familiarity with the board's or governing body's role and
26responsibilities, including financial oversight and

 

 

HB5265- 15 -LRB102 25007 RJT 34263 b

1accountability of the school, evaluating the principal's and
2school's performance, adherence to the Freedom of Information
3Act and the Open Meetings Act, and compliance with education
4and labor law. In each subsequent year of his or her term, a
5voting member of a charter school's board of directors or
6other governing body shall complete a minimum of 2 hours of
7professional development training in these same areas. The
8training under this subsection may be provided or certified by
9a statewide charter school membership association or may be
10provided or certified by other qualified providers approved by
11the State Board of Education.
12    (d) For purposes of this subsection (d), "non-curricular
13health and safety requirement" means any health and safety
14requirement created by statute or rule to provide, maintain,
15preserve, or safeguard safe or healthful conditions for
16students and school personnel or to eliminate, reduce, or
17prevent threats to the health and safety of students and
18school personnel. "Non-curricular health and safety
19requirement" does not include any course of study or
20specialized instructional requirement for which the State
21Board has established goals and learning standards or which is
22designed primarily to impart knowledge and skills for students
23to master and apply as an outcome of their education.
24    A charter school shall comply with all non-curricular
25health and safety requirements applicable to public schools
26under the laws of the State of Illinois. On or before September

 

 

HB5265- 16 -LRB102 25007 RJT 34263 b

11, 2015, the State Board shall promulgate and post on its
2Internet website a list of non-curricular health and safety
3requirements that a charter school must meet. The list shall
4be updated annually no later than September 1. Any charter
5contract between a charter school and its authorizer must
6contain a provision that requires the charter school to follow
7the list of all non-curricular health and safety requirements
8promulgated by the State Board and any non-curricular health
9and safety requirements added by the State Board to such list
10during the term of the charter. Nothing in this subsection (d)
11precludes an authorizer from including non-curricular health
12and safety requirements in a charter school contract that are
13not contained in the list promulgated by the State Board,
14including non-curricular health and safety requirements of the
15authorizing local school board.
16    (e) Except as otherwise provided in the School Code, a
17charter school shall not charge tuition; provided that a
18charter school may charge reasonable fees for textbooks,
19instructional materials, and student activities.
20    (f) A charter school shall be responsible for the
21management and operation of its fiscal affairs, including, but
22not limited to, the preparation of its budget. An audit of each
23charter school's finances shall be conducted annually by an
24outside, independent contractor retained by the charter
25school. The contractor shall not be an employee of the charter
26school or affiliated with the charter school or its authorizer

 

 

HB5265- 17 -LRB102 25007 RJT 34263 b

1in any way, other than to audit the charter school's finances.
2To ensure financial accountability for the use of public
3funds, on or before December 1 of every year of operation, each
4charter school shall submit to its authorizer and the State
5Board a copy of its audit and a copy of the Form 990 the
6charter school filed that year with the federal Internal
7Revenue Service. In addition, if deemed necessary for proper
8financial oversight of the charter school, an authorizer may
9require quarterly financial statements from each charter
10school.
11    (g) A charter school shall comply with all provisions of
12this Article, the Illinois Educational Labor Relations Act,
13all federal and State laws and rules applicable to public
14schools that pertain to special education and the instruction
15of English learners, and its charter. A charter school is
16exempt from all other State laws and regulations in this Code
17governing public schools and local school board policies;
18however, a charter school is not exempt from the following:
19        (1) Sections 10-21.9 and 34-18.5 of this Code
20    regarding criminal history records checks and checks of
21    the Statewide Sex Offender Database and Statewide Murderer
22    and Violent Offender Against Youth Database of applicants
23    for employment;
24        (2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and
25    34-84a of this Code regarding discipline of students;
26        (3) the Local Governmental and Governmental Employees

 

 

HB5265- 18 -LRB102 25007 RJT 34263 b

1    Tort Immunity Act;
2        (4) Section 108.75 of the General Not For Profit
3    Corporation Act of 1986 regarding indemnification of
4    officers, directors, employees, and agents;
5        (5) the Abused and Neglected Child Reporting Act;
6        (5.5) subsection (b) of Section 10-23.12 and
7    subsection (b) of Section 34-18.6 of this Code;
8        (6) the Illinois School Student Records Act;
9        (7) Section 10-17a of this Code regarding school
10    report cards;
11        (8) the P-20 Longitudinal Education Data System Act;
12        (9) Section 27-23.7 of this Code regarding bullying
13    prevention;
14        (10) Section 2-3.162 of this Code regarding student
15    discipline reporting;
16        (11) Sections 22-80 and 27-8.1 of this Code;
17        (12) Sections 10-20.60 and 34-18.53 of this Code;
18        (13) Sections 10-20.63 and 34-18.56 of this Code;
19        (14) Sections 22-90 and 26-18 of this Code;
20        (15) Section 22-30 of this Code;
21        (16) Sections 24-12 and 34-85 of this Code; and
22        (17) the Seizure Smart School Act;
23        (18) Section 2-3.64a-10 of this Code; and
24        (19) (18) Sections 10-20.73 and 34-21.9 of this Code; .
25        (20) (19) Section 10-22.25b of this Code; .
26        (21) (19) Section 27-9.1a of this Code;

 

 

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1        (22) (20) Section 27-9.1b of this Code; and
2        (23) (21) Section 34-18.8 of this Code; .
3        (25) (19) Section 2-3.188 of this Code; and
4        (26) (20) Section 22-85.5 of this Code; .
5        (27) Section 34-21.6 of this Code;
6        (28) Section 28-19.2 of this Code; and
7        (29) Section 10-20.13 of this Code.
8    The change made by Public Act 96-104 to this subsection
9(g) is declaratory of existing law.
10    (h) A charter school may negotiate and contract with a
11school district, the governing body of a State college or
12university or public community college, or any other public or
13for-profit or nonprofit private entity for: (i) the use of a
14school building and grounds or any other real property or
15facilities that the charter school desires to use or convert
16for use as a charter school site, (ii) the operation and
17maintenance thereof, and (iii) the provision of any service,
18activity, or undertaking that the charter school is required
19to perform in order to carry out the terms of its charter.
20However, a charter school that is established on or after
21April 16, 2003 (the effective date of Public Act 93-3) and that
22operates in a city having a population exceeding 500,000 may
23not contract with a for-profit entity to manage or operate the
24school during the period that commences on April 16, 2003 (the
25effective date of Public Act 93-3) and concludes at the end of
26the 2004-2005 school year. Except as provided in subsection

 

 

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1(i) of this Section, a school district may charge a charter
2school reasonable rent for the use of the district's
3buildings, grounds, and facilities. Any services for which a
4charter school contracts with a school district shall be
5provided by the district at cost. Any services for which a
6charter school contracts with a local school board or with the
7governing body of a State college or university or public
8community college shall be provided by the public entity at
9cost.
10    (i) In no event shall a charter school that is established
11by converting an existing school or attendance center to
12charter school status be required to pay rent for space that is
13deemed available, as negotiated and provided in the charter
14agreement, in school district facilities. However, all other
15costs for the operation and maintenance of school district
16facilities that are used by the charter school shall be
17subject to negotiation between the charter school and the
18local school board and shall be set forth in the charter.
19    (j) A charter school may limit student enrollment by age
20or grade level.
21    (k) If the charter school is approved by the State Board or
22Commission, then the charter school is its own local education
23agency.
24(Source: P.A. 101-50, eff. 7-1-20; 101-81, eff. 7-12-19;
25101-291, eff. 1-1-20; 101-531, eff. 8-23-19; 101-543, eff.
268-23-19; 101-654, eff. 3-8-21; 102-51, eff. 7-9-21; 102-157,

 

 

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1eff. 7-1-22; 102-360, eff. 1-1-22; 102-445, eff. 8-20-21;
2102-522, eff. 8-20-21; 102-558, eff. 8-20-21; 102-676, eff.
312-3-21; revised 12-21-21.)
 
4    (Text of Section after amendment by P.A. 102-466)
5    Sec. 27A-5. Charter school; legal entity; requirements.
6    (a) A charter school shall be a public, nonsectarian,
7nonreligious, non-home based, and non-profit school. A charter
8school shall be organized and operated as a nonprofit
9corporation or other discrete, legal, nonprofit entity
10authorized under the laws of the State of Illinois.
11    (b) A charter school may be established under this Article
12by creating a new school or by converting an existing public
13school or attendance center to charter school status.
14Beginning on April 16, 2003 (the effective date of Public Act
1593-3), in all new applications to establish a charter school
16in a city having a population exceeding 500,000, operation of
17the charter school shall be limited to one campus. The changes
18made to this Section by Public Act 93-3 do not apply to charter
19schools existing or approved on or before April 16, 2003 (the
20effective date of Public Act 93-3).
21    (b-5) In this subsection (b-5), "virtual-schooling" means
22a cyber school where students engage in online curriculum and
23instruction via the Internet and electronic communication with
24their teachers at remote locations and with students
25participating at different times.

 

 

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1    From April 1, 2013 through December 31, 2016, there is a
2moratorium on the establishment of charter schools with
3virtual-schooling components in school districts other than a
4school district organized under Article 34 of this Code. This
5moratorium does not apply to a charter school with
6virtual-schooling components existing or approved prior to
7April 1, 2013 or to the renewal of the charter of a charter
8school with virtual-schooling components already approved
9prior to April 1, 2013.
10    (c) A charter school shall be administered and governed by
11its board of directors or other governing body in the manner
12provided in its charter. The governing body of a charter
13school shall be subject to the Freedom of Information Act and
14the Open Meetings Act. No later than January 1, 2021 (one year
15after the effective date of Public Act 101-291), a charter
16school's board of directors or other governing body must
17include at least one parent or guardian of a pupil currently
18enrolled in the charter school who may be selected through the
19charter school or a charter network election, appointment by
20the charter school's board of directors or other governing
21body, or by the charter school's Parent Teacher Organization
22or its equivalent.
23    (c-5) No later than January 1, 2021 (one year after the
24effective date of Public Act 101-291) or within the first year
25of his or her first term, every voting member of a charter
26school's board of directors or other governing body shall

 

 

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1complete a minimum of 4 hours of professional development
2leadership training to ensure that each member has sufficient
3familiarity with the board's or governing body's role and
4responsibilities, including financial oversight and
5accountability of the school, evaluating the principal's and
6school's performance, adherence to the Freedom of Information
7Act and the Open Meetings Act, and compliance with education
8and labor law. In each subsequent year of his or her term, a
9voting member of a charter school's board of directors or
10other governing body shall complete a minimum of 2 hours of
11professional development training in these same areas. The
12training under this subsection may be provided or certified by
13a statewide charter school membership association or may be
14provided or certified by other qualified providers approved by
15the State Board of Education.
16    (d) For purposes of this subsection (d), "non-curricular
17health and safety requirement" means any health and safety
18requirement created by statute or rule to provide, maintain,
19preserve, or safeguard safe or healthful conditions for
20students and school personnel or to eliminate, reduce, or
21prevent threats to the health and safety of students and
22school personnel. "Non-curricular health and safety
23requirement" does not include any course of study or
24specialized instructional requirement for which the State
25Board has established goals and learning standards or which is
26designed primarily to impart knowledge and skills for students

 

 

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1to master and apply as an outcome of their education.
2    A charter school shall comply with all non-curricular
3health and safety requirements applicable to public schools
4under the laws of the State of Illinois. On or before September
51, 2015, the State Board shall promulgate and post on its
6Internet website a list of non-curricular health and safety
7requirements that a charter school must meet. The list shall
8be updated annually no later than September 1. Any charter
9contract between a charter school and its authorizer must
10contain a provision that requires the charter school to follow
11the list of all non-curricular health and safety requirements
12promulgated by the State Board and any non-curricular health
13and safety requirements added by the State Board to such list
14during the term of the charter. Nothing in this subsection (d)
15precludes an authorizer from including non-curricular health
16and safety requirements in a charter school contract that are
17not contained in the list promulgated by the State Board,
18including non-curricular health and safety requirements of the
19authorizing local school board.
20    (e) Except as otherwise provided in the School Code, a
21charter school shall not charge tuition; provided that a
22charter school may charge reasonable fees for textbooks,
23instructional materials, and student activities.
24    (f) A charter school shall be responsible for the
25management and operation of its fiscal affairs, including, but
26not limited to, the preparation of its budget. An audit of each

 

 

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1charter school's finances shall be conducted annually by an
2outside, independent contractor retained by the charter
3school. The contractor shall not be an employee of the charter
4school or affiliated with the charter school or its authorizer
5in any way, other than to audit the charter school's finances.
6To ensure financial accountability for the use of public
7funds, on or before December 1 of every year of operation, each
8charter school shall submit to its authorizer and the State
9Board a copy of its audit and a copy of the Form 990 the
10charter school filed that year with the federal Internal
11Revenue Service. In addition, if deemed necessary for proper
12financial oversight of the charter school, an authorizer may
13require quarterly financial statements from each charter
14school.
15    (g) A charter school shall comply with all provisions of
16this Article, the Illinois Educational Labor Relations Act,
17all federal and State laws and rules applicable to public
18schools that pertain to special education and the instruction
19of English learners, and its charter. A charter school is
20exempt from all other State laws and regulations in this Code
21governing public schools and local school board policies;
22however, a charter school is not exempt from the following:
23        (1) Sections 10-21.9 and 34-18.5 of this Code
24    regarding criminal history records checks and checks of
25    the Statewide Sex Offender Database and Statewide Murderer
26    and Violent Offender Against Youth Database of applicants

 

 

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1    for employment;
2        (2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and
3    34-84a of this Code regarding discipline of students;
4        (3) the Local Governmental and Governmental Employees
5    Tort Immunity Act;
6        (4) Section 108.75 of the General Not For Profit
7    Corporation Act of 1986 regarding indemnification of
8    officers, directors, employees, and agents;
9        (5) the Abused and Neglected Child Reporting Act;
10        (5.5) subsection (b) of Section 10-23.12 and
11    subsection (b) of Section 34-18.6 of this Code;
12        (6) the Illinois School Student Records Act;
13        (7) Section 10-17a of this Code regarding school
14    report cards;
15        (8) the P-20 Longitudinal Education Data System Act;
16        (9) Section 27-23.7 of this Code regarding bullying
17    prevention;
18        (10) Section 2-3.162 of this Code regarding student
19    discipline reporting;
20        (11) Sections 22-80 and 27-8.1 of this Code;
21        (12) Sections 10-20.60 and 34-18.53 of this Code;
22        (13) Sections 10-20.63 and 34-18.56 of this Code;
23        (14) Sections 22-90 and 26-18 of this Code;
24        (15) Section 22-30 of this Code;
25        (16) Sections 24-12 and 34-85 of this Code; and
26        (17) the Seizure Smart School Act;

 

 

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1        (18) Section 2-3.64a-10 of this Code; and
2        (19) (18) Sections 10-20.73 and 34-21.9 of this Code; .
3        (20) (19) Section 10-22.25b of this Code; .
4        (21) (19) Section 27-9.1a of this Code;
5        (22) (20) Section 27-9.1b of this Code; and
6        (23) (21) Section 34-18.8 of this Code; .
7        (24) (19) Article 26A of this Code; .
8        (25) (19) Section 2-3.188 of this Code; and
9        (26) (20) Section 22-85.5 of this Code; .
10        (27) Section 34-21.6 of this Code;
11        (28) Section 28-19.2 of this Code; and
12        (29) Section 10-20.13 of this 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
16school district, the governing body of a State college or
17university or public community college, or any other public or
18for-profit or nonprofit private entity for: (i) the use of a
19school building and grounds or any other real property or
20facilities that the charter school desires to use or convert
21for use as a charter school site, (ii) the operation and
22maintenance thereof, and (iii) the provision of any service,
23activity, or undertaking that the charter school is required
24to perform in order to carry out the terms of its charter.
25However, a charter school that is established on or after
26April 16, 2003 (the effective date of Public Act 93-3) and that

 

 

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1operates in a city having a population exceeding 500,000 may
2not contract with a for-profit entity to manage or operate the
3school during the period that commences on April 16, 2003 (the
4effective date of Public Act 93-3) and concludes at the end of
5the 2004-2005 school year. Except as provided in subsection
6(i) of this Section, a school district may charge a charter
7school reasonable rent for the use of the district's
8buildings, grounds, and facilities. Any services for which a
9charter school contracts with a school district shall be
10provided by the district at cost. Any services for which a
11charter school contracts with a local school board or with the
12governing body of a State college or university or public
13community college shall be provided by the public entity at
14cost.
15    (i) In no event shall a charter school that is established
16by converting an existing school or attendance center to
17charter school status be required to pay rent for space that is
18deemed available, as negotiated and provided in the charter
19agreement, in school district facilities. However, all other
20costs for the operation and maintenance of school district
21facilities that are used by the charter school shall be
22subject to negotiation between the charter school and the
23local school board and shall be set forth in the charter.
24    (j) A charter school may limit student enrollment by age
25or grade level.
26    (k) If the charter school is approved by the State Board or

 

 

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1Commission, then the charter school is its own local education
2agency.
3(Source: P.A. 101-50, eff. 7-1-20; 101-81, eff. 7-12-19;
4101-291, eff. 1-1-20; 101-531, eff. 8-23-19; 101-543, eff.
58-23-19; 101-654, eff. 3-8-21; 102-51, eff. 7-9-21; 102-157,
6eff. 7-1-22; 102-360, eff. 1-1-22; 102-445, eff. 8-20-21;
7102-466, eff. 7-1-25; 102-522, eff. 8-20-21; 102-558, eff.
88-20-21; 102-676, eff. 12-3-21; revised 12-21-21.)
 
9    (105 ILCS 5/28-19.2)  (from Ch. 122, par. 28-19.2)
10    Sec. 28-19.2. (a) No discrimination or punishment of any
11kind, including, but not limited to: the lowering of grades or
12exclusion from classes, or withholding of student records,
13transcripts or diplomas may be exercised against a student
14because the student's whose parents or guardians are unable to
15purchase required textbooks or instructional materials or to
16pay required fees.
17    (b) Any person who violates this Section is guilty of a
18petty offense.
19(Source: P.A. 83-573.)
 
20    (105 ILCS 5/34-21.6)  (from Ch. 122, par. 34-21.6)
21    Sec. 34-21.6. Waiver of fees.
22    (a) The board shall waive all fees and any fines for the
23loss or destruction of school property assessed by the
24district on children whose parents are unable to afford them,

 

 

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1including but not limited to:
2        (1) children living in households that meet the free
3    or reduced lunch or breakfast eligibility guidelines
4    established by the federal government pursuant to Section
5    1758 of the federal Richard B. Russell National School
6    Lunch Act (42 U.S.C. 1758; 7 C.F.R. 245 et seq.), subject
7    to verification as set forth in subsection (b) of this
8    Section, and
9        (2) homeless children and youth as defined in Section
10    11434a of the federal McKinney-Vento Homeless Assistance
11    Act (42 U.S.C. 11434a).
12    Notice of waiver availability shall be given to parents or
13guardians with every bill for fees or fines. The board shall
14develop written policies and procedures implementing this
15Section in accordance with regulations promulgated by the
16State Board of Education.
17    (b) If the board participates in a federally funded,
18school-based child nutrition program and uses a student's
19application for, eligibility for, or participation in the
20federally funded, school-based child nutrition program (42
21U.S.C. 1758; 7 C.F.R. 245 et seq.) as the basis for waiving
22fees assessed by the district, then the board must follow the
23verification requirements of the federally funded,
24school-based child nutrition program (42 U.S.C. 1758; 7 C.F.R.
25245.6a).
26    If the board establishes a process for the determination

 

 

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1of eligibility for waiver of all fees assessed by the district
2that is completely independent of the criteria listed in
3subsection (b) a student's application for, eligibility for,
4or participation in a federally funded, school-based child
5nutrition program, the board may provide for fee waiver
6verification no more often once every academic year than every
760 calendar days. Information obtained during the independent,
8fee waiver verification process indicating that the student
9does not meet free or reduced lunch or breakfast eligibility
10guidelines may be used to deny the waiver of the student's fees
11or fines for the loss or destruction of school property,
12provided that any information obtained through this
13independent process for determining or verifying eligibility
14for fee waivers shall not be used to determine or verify
15eligibility for any federally funded, school-based child
16nutrition program.
17    This subsection shall not preclude children from obtaining
18waivers at any point during the academic year.
19(Source: P.A. 96-360, eff. 9-1-09.)
 
20    Section 95. No acceleration or delay. Where this Act makes
21changes in a statute that is represented in this Act by text
22that is not yet or no longer in effect (for example, a Section
23represented by multiple versions), the use of that text does
24not accelerate or delay the taking effect of (i) the changes
25made by this Act or (ii) provisions derived from any other

 

 

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1Public Act.