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

HB5265ham001 102ND GENERAL ASSEMBLY

Rep. Will Guzzardi

Filed: 2/9/2022

 

 


 

 


 
10200HB5265ham001LRB102 25007 RJT 36111 a

1
AMENDMENT TO HOUSE BILL 5265

2    AMENDMENT NO. ______. Amend House Bill 5265 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The School Code is amended by changing
5Sections 1-3, 10-20.13, 27A-5, 28-19.2, and 34-21.6 as
6follows:
 
7    (105 ILCS 5/1-3)  (from Ch. 122, par. 1-3)
8    Sec. 1-3. Definitions. In this Code:
9    The terms "common schools", "free schools" and "public
10schools" are used interchangeably to apply to any school
11operated by authority of this Act.
12    "School board" means the governing body of any district
13created or operating under authority of this Code, including
14board of school directors and board of education. When the
15context so indicates it also means the governing body of any
16non-high school district and of any special charter district,

 

 

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1including a board of school inspectors.
2    "School fees" or "fees" means any monetary charge
3collected by a public school, public school district, or
4charter school from a student or the parents or guardian of a
5student as a prerequisite for the student's participation in
6any curricular or extracurricular program of the school or
7school district.
8    "Special charter district" means any city, township, or
9district organized into a school district, under a special Act
10or charter of the General Assembly or in which schools are now
11managed and operating within such unit in whole or in part
12under the terms of such special Act or charter.
13(Source: P.A. 102-687, eff. 12-17-21.)
 
14    (105 ILCS 5/10-20.13)  (from Ch. 122, par. 10-20.13)
15    Sec. 10-20.13. Textbooks for children of parents unable to
16buy them and other fees and fines.
17    (a) To purchase, at the expense of the district, a
18sufficient number of textbooks for children whose parents are
19unable to buy them, including but not limited to children
20living in households that meet the free or reduced lunch or
21breakfast eligibility guidelines established by the federal
22government pursuant to Section 1758 of the federal Richard B.
23Russell National School Lunch Act (42 U.S.C. 1758; 7 C.F.R.
24245 et seq.) and homeless children and youth as defined in
25Section 11434a of the federal McKinney-Vento Homeless

 

 

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1Assistance Act (42 U.S.C. 11434a), subject to verification as
2set forth in subsection (c) of this Section. Such textbooks
3shall be loaned only, and the directors shall require the
4teacher to see that they are properly cared for and returned at
5the end of each term of school.
6    (b) To waive all fees and any fines for the loss of school
7property assessed by the district on children whose parents
8are unable to afford them, including but not limited to:
9        (1) children living in households that meet the free
10    lunch or breakfast eligibility guidelines established by
11    the federal government pursuant to Section 1758 of the
12    federal Richard B. Russell National School Lunch Act (42
13    U.S.C. 1758; 7 C.F.R. 245 et seq.), subject to
14    verification as set forth in subsection (c) of this
15    Section, and
16        (2)homeless children and youth as defined in Section
17    11434a of the federal McKinney-Vento Homeless Assistance
18    Act (42 U.S.C. 11434a).
19    Notice of waiver availability shall be given to parents or
20guardians with every bill for fees or fines. The school board
21shall adopt written policies and procedures for such waiver of
22fees in accordance with regulations promulgated by the State
23Board of Education.
24    (c) Any school board that participates in a federally
25funded, school-based child nutrition program and uses a
26student's application for, eligibility for, or participation

 

 

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1in the federally funded, school-based child nutrition program
2(42 U.S.C. 1758; 7 C.F.R. 245 et seq.) as the basis for waiving
3fees assessed by the school district must follow the
4verification requirements of the federally funded,
5school-based child nutrition program (42 U.S.C. 1758; 7 C.F.R.
6245.6a).
7    A school board that establishes a process for the
8determination of eligibility for waiver of fees assessed by
9the school district that is completely independent of a
10student's application for, eligibility for, or participation
11in a federally funded, school-based child nutrition program
12may provide for fee waiver verification no more often than
13once per academic year every 60 calendar days. Information
14obtained during the independent, fee waiver verification
15process indicating that the student does not meet free or
16reduced lunch or breakfast eligibility guidelines may be used
17to deny the waiver of the student's fees or fines for the loss
18of school property, provided that any information obtained
19through this independent process for determining or verifying
20eligibility for fee waivers shall not be used to determine or
21verify eligibility for any federally funded, school-based
22child nutrition program. This subsection shall not preclude
23children from obtaining waivers at any point during the
24academic year.
25(Source: P.A. 96-360, eff. 9-1-09.)
 

 

 

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1    (105 ILCS 5/27A-5)
2    (Text of Section before amendment by P.A. 102-157 and P.A.
3102-466)
4    Sec. 27A-5. Charter school; legal entity; requirements.
5    (a) A charter school shall be a public, nonsectarian,
6nonreligious, non-home based, and non-profit school. A charter
7school shall be organized and operated as a nonprofit
8corporation or other discrete, legal, nonprofit entity
9authorized under the laws of the State of Illinois.
10    (b) A charter school may be established under this Article
11by creating a new school or by converting an existing public
12school or attendance center to charter school status.
13Beginning on April 16, 2003 (the effective date of Public Act
1493-3), in all new applications to establish a charter school
15in a city having a population exceeding 500,000, operation of
16the charter school shall be limited to one campus. The changes
17made to this Section by Public Act 93-3 do not apply to charter
18schools existing or approved on or before April 16, 2003 (the
19effective date of Public Act 93-3).
20    (b-5) In this subsection (b-5), "virtual-schooling" means
21a cyber school where students engage in online curriculum and
22instruction via the Internet and electronic communication with
23their teachers at remote locations and with students
24participating at different times.
25    From April 1, 2013 through December 31, 2016, there is a
26moratorium on the establishment of charter schools with

 

 

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

 

 

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

 

 

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1health and safety requirements applicable to public schools
2under the laws of the State of Illinois. On or before September
31, 2015, the State Board shall promulgate and post on its
4Internet website a list of non-curricular health and safety
5requirements that a charter school must meet. The list shall
6be updated annually no later than September 1. Any charter
7contract between a charter school and its authorizer must
8contain a provision that requires the charter school to follow
9the list of all non-curricular health and safety requirements
10promulgated by the State Board and any non-curricular health
11and safety requirements added by the State Board to such list
12during the term of the charter. Nothing in this subsection (d)
13precludes an authorizer from including non-curricular health
14and safety requirements in a charter school contract that are
15not contained in the list promulgated by the State Board,
16including non-curricular health and safety requirements of the
17authorizing local school board.
18    (e) Except as otherwise provided in the School Code, a
19charter school shall not charge tuition; provided that a
20charter school may charge reasonable fees for textbooks,
21instructional materials, and student activities.
22    (f) A charter school shall be responsible for the
23management and operation of its fiscal affairs, including, but
24not limited to, the preparation of its budget. An audit of each
25charter school's finances shall be conducted annually by an
26outside, independent contractor retained by the charter

 

 

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

 

 

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1    34-84a of this Code regarding discipline of students;
2        (3) the Local Governmental and Governmental Employees
3    Tort Immunity Act;
4        (4) Section 108.75 of the General Not For Profit
5    Corporation Act of 1986 regarding indemnification of
6    officers, directors, employees, and agents;
7        (5) the Abused and Neglected Child Reporting Act;
8        (5.5) subsection (b) of Section 10-23.12 and
9    subsection (b) of Section 34-18.6 of this Code;
10        (6) the Illinois School Student Records Act;
11        (7) Section 10-17a of this Code regarding school
12    report cards;
13        (8) the P-20 Longitudinal Education Data System Act;
14        (9) Section 27-23.7 of this Code regarding bullying
15    prevention;
16        (10) Section 2-3.162 of this Code regarding student
17    discipline reporting;
18        (11) Sections 22-80 and 27-8.1 of this Code;
19        (12) Sections 10-20.60 and 34-18.53 of this Code;
20        (13) Sections 10-20.63 and 34-18.56 of this Code;
21        (14) Section 26-18 of this Code;
22        (15) Section 22-30 of this Code;
23        (16) Sections 24-12 and 34-85 of this Code; and
24        (17) the Seizure Smart School Act;
25        (18) Section 2-3.64a-10 of this Code; and
26        (19) (18) Sections 10-20.73 and 34-21.9 of this Code; .

 

 

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1        (20) (19) Section 10-22.25b of this Code; .
2        (21) (19) Section 27-9.1a of this Code;
3        (22) (20) Section 27-9.1b of this Code; and
4        (23) (21) Section 34-18.8 of this Code; .
5        (25) (19) Section 2-3.188 of this Code; and
6        (26) (20) Section 22-85.5 of this Code; .
7        (27) Section 10-20.13 of this Code;
8        (28) Section 28-19.2 of this Code; and
9        (29) Section 34-21.6 of this Code.
10    The change made by Public Act 96-104 to this subsection
11(g) is declaratory of existing law.
12    (h) A charter school may negotiate and contract with a
13school district, the governing body of a State college or
14university or public community college, or any other public or
15for-profit or nonprofit private entity for: (i) the use of a
16school building and grounds or any other real property or
17facilities that the charter school desires to use or convert
18for use as a charter school site, (ii) the operation and
19maintenance thereof, and (iii) the provision of any service,
20activity, or undertaking that the charter school is required
21to perform in order to carry out the terms of its charter.
22However, a charter school that is established on or after
23April 16, 2003 (the effective date of Public Act 93-3) and that
24operates in a city having a population exceeding 500,000 may
25not contract with a for-profit entity to manage or operate the
26school during the period that commences on April 16, 2003 (the

 

 

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1effective date of Public Act 93-3) and concludes at the end of
2the 2004-2005 school year. Except as provided in subsection
3(i) of this Section, a school district may charge a charter
4school reasonable rent for the use of the district's
5buildings, grounds, and facilities. Any services for which a
6charter school contracts with a school district shall be
7provided by the district at cost. Any services for which a
8charter school contracts with a local school board or with the
9governing body of a State college or university or public
10community college shall be provided by the public entity at
11cost.
12    (i) In no event shall a charter school that is established
13by converting an existing school or attendance center to
14charter school status be required to pay rent for space that is
15deemed available, as negotiated and provided in the charter
16agreement, in school district facilities. However, all other
17costs for the operation and maintenance of school district
18facilities that are used by the charter school shall be
19subject to negotiation between the charter school and the
20local school board and shall be set forth in the charter.
21    (j) A charter school may limit student enrollment by age
22or grade level.
23    (k) If the charter school is approved by the State Board or
24Commission, then the charter school is its own local education
25agency.
26(Source: P.A. 101-50, eff. 7-1-20; 101-81, eff. 7-12-19;

 

 

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1101-291, eff. 1-1-20; 101-531, eff. 8-23-19; 101-543, eff.
28-23-19; 101-654, eff. 3-8-21; 102-51, eff. 7-9-21; 102-360,
3eff. 1-1-22; 102-445, eff. 8-20-21; 102-522, eff. 8-20-21;
4102-558, eff. 8-20-21; 102-676, eff. 12-3-21; revised
512-21-21.)
 
6    (Text of Section after amendment by P.A. 102-157 but
7before amendment by P.A. 102-466)
8    Sec. 27A-5. Charter school; legal entity; requirements.
9    (a) A charter school shall be a public, nonsectarian,
10nonreligious, non-home based, and non-profit school. A charter
11school shall be organized and operated as a nonprofit
12corporation or other discrete, legal, nonprofit entity
13authorized under the laws of the State of Illinois.
14    (b) A charter school may be established under this Article
15by creating a new school or by converting an existing public
16school or attendance center to charter school status.
17Beginning on April 16, 2003 (the effective date of Public Act
1893-3), in all new applications to establish a charter school
19in a city having a population exceeding 500,000, operation of
20the charter school shall be limited to one campus. The changes
21made to this Section by Public Act 93-3 do not apply to charter
22schools existing or approved on or before April 16, 2003 (the
23effective date of Public Act 93-3).
24    (b-5) In this subsection (b-5), "virtual-schooling" means
25a cyber school where students engage in online curriculum and

 

 

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

 

 

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1effective date of Public Act 101-291) or within the first year
2of his or her first term, every voting member of a charter
3school's board of directors or other governing body shall
4complete a minimum of 4 hours of professional development
5leadership training to ensure that each member has sufficient
6familiarity with the board's or governing body's role and
7responsibilities, including financial oversight and
8accountability of the school, evaluating the principal's and
9school's performance, adherence to the Freedom of Information
10Act and the Open Meetings Act, and compliance with education
11and labor law. In each subsequent year of his or her term, a
12voting member of a charter school's board of directors or
13other governing body shall complete a minimum of 2 hours of
14professional development training in these same areas. The
15training under this subsection may be provided or certified by
16a statewide charter school membership association or may be
17provided or certified by other qualified providers approved by
18the State Board of Education.
19    (d) For purposes of this subsection (d), "non-curricular
20health and safety requirement" means any health and safety
21requirement created by statute or rule to provide, maintain,
22preserve, or safeguard safe or healthful conditions for
23students and school personnel or to eliminate, reduce, or
24prevent threats to the health and safety of students and
25school personnel. "Non-curricular health and safety
26requirement" does not include any course of study or

 

 

10200HB5265ham001- 16 -LRB102 25007 RJT 36111 a

1specialized instructional requirement for which the State
2Board has established goals and learning standards or which is
3designed primarily to impart knowledge and skills for students
4to master and apply as an outcome of their education.
5    A charter school shall comply with all non-curricular
6health and safety requirements applicable to public schools
7under the laws of the State of Illinois. On or before September
81, 2015, the State Board shall promulgate and post on its
9Internet website a list of non-curricular health and safety
10requirements that a charter school must meet. The list shall
11be updated annually no later than September 1. Any charter
12contract between a charter school and its authorizer must
13contain a provision that requires the charter school to follow
14the list of all non-curricular health and safety requirements
15promulgated by the State Board and any non-curricular health
16and safety requirements added by the State Board to such list
17during the term of the charter. Nothing in this subsection (d)
18precludes an authorizer from including non-curricular health
19and safety requirements in a charter school contract that are
20not contained in the list promulgated by the State Board,
21including non-curricular health and safety requirements of the
22authorizing local school board.
23    (e) Except as otherwise provided in the School Code, a
24charter school shall not charge tuition; provided that a
25charter school may charge reasonable fees for textbooks,
26instructional materials, and student activities.

 

 

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

 

 

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

 

 

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1        (15) Section 22-30 of this Code;
2        (16) Sections 24-12 and 34-85 of this Code; and
3        (17) the Seizure Smart School Act;
4        (18) Section 2-3.64a-10 of this Code; and
5        (19) (18) Sections 10-20.73 and 34-21.9 of this Code; .
6        (20) (19) Section 10-22.25b of this Code; .
7        (21) (19) Section 27-9.1a of this Code;
8        (22) (20) Section 27-9.1b of this Code; and
9        (23) (21) Section 34-18.8 of this Code; .
10        (25) (19) Section 2-3.188 of this Code; and
11        (26) (20) Section 22-85.5 of this Code; .
12        (27) Section 10-20.13 of this Code;
13        (28) Section 28-19.2 of this Code; and
14        (29) Section 34-21.6 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. 101-50, eff. 7-1-20; 101-81, eff. 7-12-19;
6101-291, eff. 1-1-20; 101-531, eff. 8-23-19; 101-543, eff.
78-23-19; 101-654, eff. 3-8-21; 102-51, eff. 7-9-21; 102-157,
8eff. 7-1-22; 102-360, eff. 1-1-22; 102-445, eff. 8-20-21;
9102-522, eff. 8-20-21; 102-558, eff. 8-20-21; 102-676, eff.
1012-3-21; revised 12-21-21.)
 
11    (Text of Section after amendment by P.A. 102-466)
12    Sec. 27A-5. Charter school; legal entity; requirements.
13    (a) A charter school shall be a public, nonsectarian,
14nonreligious, non-home based, and non-profit school. A charter
15school shall be organized and operated as a nonprofit
16corporation or other discrete, legal, nonprofit entity
17authorized under the laws of the State of Illinois.
18    (b) A charter school may be established under this Article
19by creating a new school or by converting an existing public
20school or attendance center to charter school status.
21Beginning on April 16, 2003 (the effective date of Public Act
2293-3), in all new applications to establish a charter school
23in a city having a population exceeding 500,000, operation of
24the charter school shall be limited to one campus. The changes
25made to this Section by Public Act 93-3 do not apply to charter

 

 

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1schools existing or approved on or before April 16, 2003 (the
2effective date of Public Act 93-3).
3    (b-5) In this subsection (b-5), "virtual-schooling" means
4a cyber school where students engage in online curriculum and
5instruction via the Internet and electronic communication with
6their teachers at remote locations and with students
7participating at different times.
8    From April 1, 2013 through December 31, 2016, there is a
9moratorium on the establishment of charter schools with
10virtual-schooling components in school districts other than a
11school district organized under Article 34 of this Code. This
12moratorium does not apply to a charter school with
13virtual-schooling components existing or approved prior to
14April 1, 2013 or to the renewal of the charter of a charter
15school with virtual-schooling components already approved
16prior to April 1, 2013.
17    (c) A charter school shall be administered and governed by
18its board of directors or other governing body in the manner
19provided in its charter. The governing body of a charter
20school shall be subject to the Freedom of Information Act and
21the Open Meetings Act. No later than January 1, 2021 (one year
22after the effective date of Public Act 101-291), a charter
23school's board of directors or other governing body must
24include at least one parent or guardian of a pupil currently
25enrolled in the charter school who may be selected through the
26charter school or a charter network election, appointment by

 

 

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1the charter school's board of directors or other governing
2body, or by the charter school's Parent Teacher Organization
3or its equivalent.
4    (c-5) No later than January 1, 2021 (one year after the
5effective date of Public Act 101-291) or within the first year
6of his or her first term, every voting member of a charter
7school's board of directors or other governing body shall
8complete a minimum of 4 hours of professional development
9leadership training to ensure that each member has sufficient
10familiarity with the board's or governing body's role and
11responsibilities, including financial oversight and
12accountability of the school, evaluating the principal's and
13school's performance, adherence to the Freedom of Information
14Act and the Open Meetings Act, and compliance with education
15and labor law. In each subsequent year of his or her term, a
16voting member of a charter school's board of directors or
17other governing body shall complete a minimum of 2 hours of
18professional development training in these same areas. The
19training under this subsection may be provided or certified by
20a statewide charter school membership association or may be
21provided or certified by other qualified providers approved by
22the State Board of Education.
23    (d) For purposes of this subsection (d), "non-curricular
24health and safety requirement" means any health and safety
25requirement created by statute or rule to provide, maintain,
26preserve, or safeguard safe or healthful conditions for

 

 

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1students and school personnel or to eliminate, reduce, or
2prevent threats to the health and safety of students and
3school personnel. "Non-curricular health and safety
4requirement" does not include any course of study or
5specialized instructional requirement for which the State
6Board has established goals and learning standards or which is
7designed primarily to impart knowledge and skills for students
8to master and apply as an outcome of their education.
9    A charter school shall comply with all non-curricular
10health and safety requirements applicable to public schools
11under the laws of the State of Illinois. On or before September
121, 2015, the State Board shall promulgate and post on its
13Internet website a list of non-curricular health and safety
14requirements that a charter school must meet. The list shall
15be updated annually no later than September 1. Any charter
16contract between a charter school and its authorizer must
17contain a provision that requires the charter school to follow
18the list of all non-curricular health and safety requirements
19promulgated by the State Board and any non-curricular health
20and safety requirements added by the State Board to such list
21during the term of the charter. Nothing in this subsection (d)
22precludes an authorizer from including non-curricular health
23and safety requirements in a charter school contract that are
24not contained in the list promulgated by the State Board,
25including non-curricular health and safety requirements of the
26authorizing local school board.

 

 

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1    (e) Except as otherwise provided in the School Code, a
2charter school shall not charge tuition; provided that a
3charter school may charge reasonable fees for textbooks,
4instructional materials, and student activities.
5    (f) A charter school shall be responsible for the
6management and operation of its fiscal affairs, including, but
7not limited to, the preparation of its budget. An audit of each
8charter school's finances shall be conducted annually by an
9outside, independent contractor retained by the charter
10school. The contractor shall not be an employee of the charter
11school or affiliated with the charter school or its authorizer
12in any way, other than to audit the charter school's finances.
13To ensure financial accountability for the use of public
14funds, on or before December 1 of every year of operation, each
15charter school shall submit to its authorizer and the State
16Board a copy of its audit and a copy of the Form 990 the
17charter school filed that year with the federal Internal
18Revenue Service. In addition, if deemed necessary for proper
19financial oversight of the charter school, an authorizer may
20require quarterly financial statements from each charter
21school.
22    (g) A charter school shall comply with all provisions of
23this Article, the Illinois Educational Labor Relations Act,
24all federal and State laws and rules applicable to public
25schools that pertain to special education and the instruction
26of English learners, and its charter. A charter school is

 

 

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1exempt from all other State laws and regulations in this Code
2governing public schools and local school board policies;
3however, a charter school is not exempt from the following:
4        (1) Sections 10-21.9 and 34-18.5 of this Code
5    regarding criminal history records checks and checks of
6    the Statewide Sex Offender Database and Statewide Murderer
7    and Violent Offender Against Youth Database of applicants
8    for employment;
9        (2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and
10    34-84a of this Code regarding discipline of students;
11        (3) the Local Governmental and Governmental Employees
12    Tort Immunity Act;
13        (4) Section 108.75 of the General Not For Profit
14    Corporation Act of 1986 regarding indemnification of
15    officers, directors, employees, and agents;
16        (5) the Abused and Neglected Child Reporting Act;
17        (5.5) subsection (b) of Section 10-23.12 and
18    subsection (b) of Section 34-18.6 of this Code;
19        (6) the Illinois School Student Records Act;
20        (7) Section 10-17a of this Code regarding school
21    report cards;
22        (8) the P-20 Longitudinal Education Data System Act;
23        (9) Section 27-23.7 of this Code regarding bullying
24    prevention;
25        (10) Section 2-3.162 of this Code regarding student
26    discipline reporting;

 

 

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1        (11) Sections 22-80 and 27-8.1 of this Code;
2        (12) Sections 10-20.60 and 34-18.53 of this Code;
3        (13) Sections 10-20.63 and 34-18.56 of this Code;
4        (14) Sections 22-90 and 26-18 of this Code;
5        (15) Section 22-30 of this Code;
6        (16) Sections 24-12 and 34-85 of this Code; and
7        (17) the Seizure Smart School Act;
8        (18) Section 2-3.64a-10 of this Code; and
9        (19) (18) Sections 10-20.73 and 34-21.9 of this Code; .
10        (20) (19) Section 10-22.25b of this Code; .
11        (21) (19) Section 27-9.1a of this Code;
12        (22) (20) Section 27-9.1b of this Code; and
13        (23) (21) Section 34-18.8 of this Code; .
14        (24) (19) Article 26A of this Code; .
15        (25) (19) Section 2-3.188 of this Code; and
16        (26) (20) Section 22-85.5 of this Code; .
17        (27) Section 10-20.13 of this Code;
18        (28) Section 28-19.2 of this Code; and
19        (29) Section 34-21.6 of this Code.
20    The change made by Public Act 96-104 to this subsection
21(g) is declaratory of existing law.
22    (h) A charter school may negotiate and contract with a
23school district, the governing body of a State college or
24university or public community college, or any other public or
25for-profit or nonprofit private entity for: (i) the use of a
26school building and grounds or any other real property or

 

 

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1facilities that the charter school desires to use or convert
2for use as a charter school site, (ii) the operation and
3maintenance thereof, and (iii) the provision of any service,
4activity, or undertaking that the charter school is required
5to perform in order to carry out the terms of its charter.
6However, a charter school that is established on or after
7April 16, 2003 (the effective date of Public Act 93-3) and that
8operates in a city having a population exceeding 500,000 may
9not contract with a for-profit entity to manage or operate the
10school during the period that commences on April 16, 2003 (the
11effective date of Public Act 93-3) and concludes at the end of
12the 2004-2005 school year. Except as provided in subsection
13(i) of this Section, a school district may charge a charter
14school reasonable rent for the use of the district's
15buildings, grounds, and facilities. Any services for which a
16charter school contracts with a school district shall be
17provided by the district at cost. Any services for which a
18charter school contracts with a local school board or with the
19governing body of a State college or university or public
20community college shall be provided by the public entity at
21cost.
22    (i) In no event shall a charter school that is established
23by converting an existing school or attendance center to
24charter school status be required to pay rent for space that is
25deemed available, as negotiated and provided in the charter
26agreement, in school district facilities. However, all other

 

 

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1costs for the operation and maintenance of school district
2facilities that are used by the charter school shall be
3subject to negotiation between the charter school and the
4local school board and shall be set forth in the charter.
5    (j) A charter school may limit student enrollment by age
6or grade level.
7    (k) If the charter school is approved by the State Board or
8Commission, then the charter school is its own local education
9agency.
10(Source: P.A. 101-50, eff. 7-1-20; 101-81, eff. 7-12-19;
11101-291, eff. 1-1-20; 101-531, eff. 8-23-19; 101-543, eff.
128-23-19; 101-654, eff. 3-8-21; 102-51, eff. 7-9-21; 102-157,
13eff. 7-1-22; 102-360, eff. 1-1-22; 102-445, eff. 8-20-21;
14102-466, eff. 7-1-25; 102-522, eff. 8-20-21; 102-558, eff.
158-20-21; 102-676, eff. 12-3-21; revised 12-21-21.)
 
16    (105 ILCS 5/28-19.2)  (from Ch. 122, par. 28-19.2)
17    Sec. 28-19.2. (a) No discrimination or punishment of any
18kind, including, but not limited to: the lowering of grades or
19exclusion from classes, or withholding of student records,
20transcripts or diplomas may be exercised against a student
21because the student's whose parents or guardians are unable to
22purchase required textbooks or instructional materials or to
23pay required fees.
24    (b) Any person who violates this Section is guilty of a
25petty offense.

 

 

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1(Source: P.A. 83-573.)
 
2    (105 ILCS 5/34-21.6)  (from Ch. 122, par. 34-21.6)
3    Sec. 34-21.6. Waiver of fees and fines.
4    (a) The board shall waive all fees and any fines for the
5loss of school property assessed by the district on children
6whose parents are unable to afford them, including but not
7limited to:
8        (1) children living in households that meet the free
9    or reduced lunch or breakfast eligibility guidelines
10    established by the federal government pursuant to Section
11    1758 of the federal Richard B. Russell National School
12    Lunch Act (42 U.S.C. 1758; 7 C.F.R. 245 et seq.), subject
13    to verification as set forth in subsection (b) of this
14    Section, and
15        (2) homeless children and youth as defined in Section
16    11434a of the federal McKinney-Vento Homeless Assistance
17    Act (42 U.S.C. 11434a).
18    Notice of waiver availability shall be given to parents or
19guardians with every bill for fees or fines. The board shall
20develop written policies and procedures implementing this
21Section in accordance with regulations promulgated by the
22State Board of Education.
23    (b) If the board participates in a federally funded,
24school-based child nutrition program and uses a student's
25application for, eligibility for, or participation in the

 

 

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1federally funded, school-based child nutrition program (42
2U.S.C. 1758; 7 C.F.R. 245 et seq.) as the basis for waiving
3fees assessed by the district, then the board must follow the
4verification requirements of the federally funded,
5school-based child nutrition program (42 U.S.C. 1758; 7 C.F.R.
6245.6a).
7    If the board establishes a process for the determination
8of eligibility for waiver of all fees assessed by the district
9that is completely independent of the criteria listed in
10subsection (b) a student's application for, eligibility for,
11or participation in a federally funded, school-based child
12nutrition program, the board may provide for fee waiver
13verification no more often once every academic year than every
1460 calendar days. Information obtained during the independent,
15fee waiver verification process indicating that the student
16does not meet free or reduced lunch or breakfast eligibility
17guidelines may be used to deny the waiver of the student's fees
18or fines for the loss of school property, provided that any
19information obtained through this independent process for
20determining or verifying eligibility for fee waivers shall not
21be used to determine or verify eligibility for any federally
22funded, school-based child nutrition program.
23    This subsection shall not preclude children from obtaining
24waivers at any point during the academic year.
25(Source: P.A. 96-360, eff. 9-1-09.)
 

 

 

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1    Section 95. No acceleration or delay. Where this Act makes
2changes in a statute that is represented in this Act by text
3that is not yet or no longer in effect (for example, a Section
4represented by multiple versions), the use of that text does
5not accelerate or delay the taking effect of (i) the changes
6made by this Act or (ii) provisions derived from any other
7Public Act.".