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

HB5265ham002 102ND GENERAL ASSEMBLY

Rep. Will Guzzardi

Filed: 2/15/2022

 

 


 

 


 
10200HB5265ham002LRB102 25007 RJT 36298 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 as defined under paragraphs (1) and (2) of
8subsection (a) of Section 1.245 of Title 23 of the Illinois
9Administrative Code.
10    "Special charter district" means any city, township, or
11district organized into a school district, under a special Act
12or charter of the General Assembly or in which schools are now
13managed and operating within such unit in whole or in part
14under the terms of such special Act or charter.
15(Source: P.A. 102-687, eff. 12-17-21.)
 
16    (105 ILCS 5/10-20.13)  (from Ch. 122, par. 10-20.13)
17    Sec. 10-20.13. Textbooks for children of parents unable to
18buy them and other fees and fines.
19    (a) To purchase, at the expense of the district, a
20sufficient number of textbooks for children whose parents are
21unable to buy them, including but not limited to children
22living in households that meet the free lunch or breakfast
23eligibility guidelines established by the federal government
24pursuant to Section 1758 of the federal Richard B. Russell
25National School Lunch Act (42 U.S.C. 1758; 7 C.F.R. 245 et

 

 

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1seq.) and homeless children and youth as defined in Section
211434a of the federal McKinney-Vento Homeless Assistance Act
3(42 U.S.C. 11434a), subject to verification as set forth in
4subsection (c) of this Section. Such textbooks shall be loaned
5only, and the directors shall require the teacher to see that
6they are properly cared for and returned at the end of each
7term of school.
8    (b) To waive all fees and any fines for the loss of school
9property assessed by the district on children whose parents
10are unable to afford them, including but not limited to:
11        (1) children living in households that meet the free
12    lunch or breakfast eligibility guidelines established by
13    the federal government pursuant to Section 1758 of the
14    federal Richard B. Russell National School Lunch Act (42
15    U.S.C. 1758; 7 C.F.R. 245 et seq.), subject to
16    verification as set forth in subsection (c) of this
17    Section, and
18        (2)homeless children and youth as defined in Section
19    11434a of the federal McKinney-Vento Homeless Assistance
20    Act (42 U.S.C. 11434a).
21    Notice of waiver availability shall be given to parents or
22guardians with every bill for fees or fines. The school board
23shall adopt written policies and procedures for such waiver of
24fees in accordance with regulations promulgated by the State
25Board of Education.
26    (c) Any school board that participates in a federally

 

 

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1funded, school-based child nutrition program and uses a
2student's application for, eligibility for, or participation
3in the federally funded, school-based child nutrition program
4(42 U.S.C. 1758; 7 C.F.R. 245 et seq.) as the basis for waiving
5fees assessed by the school district must follow the
6verification requirements of the federally funded,
7school-based child nutrition program (42 U.S.C. 1758; 7 C.F.R.
8245.6a).
9    A school board that establishes a process for the
10determination of eligibility for waiver of fees assessed by
11the school district that is completely independent of a
12student's application for, eligibility for, or participation
13in a federally funded, school-based child nutrition program
14may provide for fee waiver verification no more often than
15once per academic year every 60 calendar days. Information
16obtained during the independent, fee waiver verification
17process indicating that the student does not meet free lunch
18or breakfast eligibility guidelines may be used to deny the
19waiver of the student's fees or fines for the loss of school
20property, provided that any information obtained through this
21independent process for determining or verifying eligibility
22for fee waivers shall not be used to determine or verify
23eligibility for any federally funded, school-based child
24nutrition program. This subsection shall not preclude children
25from obtaining waivers at any point during the academic year.
26(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

 

 

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

 

 

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

 

 

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1    A charter school shall comply with all non-curricular
2health and safety requirements applicable to public schools
3under the laws of the State of Illinois. On or before September
41, 2015, the State Board shall promulgate and post on its
5Internet website a list of non-curricular health and safety
6requirements that a charter school must meet. The list shall
7be updated annually no later than September 1. Any charter
8contract between a charter school and its authorizer must
9contain a provision that requires the charter school to follow
10the list of all non-curricular health and safety requirements
11promulgated by the State Board and any non-curricular health
12and safety requirements added by the State Board to such list
13during the term of the charter. Nothing in this subsection (d)
14precludes an authorizer from including non-curricular health
15and safety requirements in a charter school contract that are
16not contained in the list promulgated by the State Board,
17including non-curricular health and safety requirements of the
18authorizing local school board.
19    (e) Except as otherwise provided in the School Code, a
20charter school shall not charge tuition; provided that a
21charter school may charge reasonable fees for textbooks,
22instructional materials, and student activities.
23    (f) A charter school shall be responsible for the
24management and operation of its fiscal affairs, including, but
25not limited to, the preparation of its budget. An audit of each
26charter school's finances shall be conducted annually by an

 

 

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

 

 

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1        (2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and
2    34-84a of this Code regarding discipline of students;
3        (3) the Local Governmental and Governmental Employees
4    Tort Immunity Act;
5        (4) Section 108.75 of the General Not For Profit
6    Corporation Act of 1986 regarding indemnification of
7    officers, directors, employees, and agents;
8        (5) the Abused and Neglected Child Reporting Act;
9        (5.5) subsection (b) of Section 10-23.12 and
10    subsection (b) of Section 34-18.6 of this Code;
11        (6) the Illinois School Student Records Act;
12        (7) Section 10-17a of this Code regarding school
13    report cards;
14        (8) the P-20 Longitudinal Education Data System Act;
15        (9) Section 27-23.7 of this Code regarding bullying
16    prevention;
17        (10) Section 2-3.162 of this Code regarding student
18    discipline reporting;
19        (11) Sections 22-80 and 27-8.1 of this Code;
20        (12) Sections 10-20.60 and 34-18.53 of this Code;
21        (13) Sections 10-20.63 and 34-18.56 of this Code;
22        (14) Section 26-18 of this Code;
23        (15) Section 22-30 of this Code;
24        (16) Sections 24-12 and 34-85 of this Code; and
25        (17) the Seizure Smart School Act;
26        (18) Section 2-3.64a-10 of this Code; and

 

 

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1        (19) (18) Sections 10-20.73 and 34-21.9 of this Code; .
2        (20) (19) Section 10-22.25b of this Code; .
3        (21) (19) Section 27-9.1a of this Code;
4        (22) (20) Section 27-9.1b of this Code; and
5        (23) (21) Section 34-18.8 of this Code; .
6        (25) (19) Section 2-3.188 of this Code; and
7        (26) (20) Section 22-85.5 of this Code; .
8        (27) Section 10-20.13 of this Code;
9        (28) Section 28-19.2 of this Code; and
10        (29) Section 34-21.6 of this Code.
11    The change made by Public Act 96-104 to this subsection
12(g) is declaratory of existing law.
13    (h) A charter school may negotiate and contract with a
14school district, the governing body of a State college or
15university or public community college, or any other public or
16for-profit or nonprofit private entity for: (i) the use of a
17school building and grounds or any other real property or
18facilities that the charter school desires to use or convert
19for use as a charter school site, (ii) the operation and
20maintenance thereof, and (iii) the provision of any service,
21activity, or undertaking that the charter school is required
22to perform in order to carry out the terms of its charter.
23However, a charter school that is established on or after
24April 16, 2003 (the effective date of Public Act 93-3) and that
25operates in a city having a population exceeding 500,000 may
26not contract with a for-profit entity to manage or operate the

 

 

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1school during the period that commences on April 16, 2003 (the
2effective date of Public Act 93-3) and concludes at the end of
3the 2004-2005 school year. Except as provided in subsection
4(i) of this Section, a school district may charge a charter
5school reasonable rent for the use of the district's
6buildings, grounds, and facilities. Any services for which a
7charter school contracts with a school district shall be
8provided by the district at cost. Any services for which a
9charter school contracts with a local school board or with the
10governing body of a State college or university or public
11community college shall be provided by the public entity at
12cost.
13    (i) In no event shall a charter school that is established
14by converting an existing school or attendance center to
15charter school status be required to pay rent for space that is
16deemed available, as negotiated and provided in the charter
17agreement, in school district facilities. However, all other
18costs for the operation and maintenance of school district
19facilities that are used by the charter school shall be
20subject to negotiation between the charter school and the
21local school board and shall be set forth in the charter.
22    (j) A charter school may limit student enrollment by age
23or grade level.
24    (k) If the charter school is approved by the State Board or
25Commission, then the charter school is its own local education
26agency.

 

 

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1(Source: P.A. 101-50, eff. 7-1-20; 101-81, eff. 7-12-19;
2101-291, eff. 1-1-20; 101-531, eff. 8-23-19; 101-543, eff.
38-23-19; 101-654, eff. 3-8-21; 102-51, eff. 7-9-21; 102-360,
4eff. 1-1-22; 102-445, eff. 8-20-21; 102-522, eff. 8-20-21;
5102-558, eff. 8-20-21; 102-676, eff. 12-3-21; revised
612-21-21.)
 
7    (Text of Section after amendment by P.A. 102-157 but
8before amendment by P.A. 102-466)
9    Sec. 27A-5. Charter school; legal entity; requirements.
10    (a) A charter school shall be a public, nonsectarian,
11nonreligious, non-home based, and non-profit school. A charter
12school shall be organized and operated as a nonprofit
13corporation or other discrete, legal, nonprofit entity
14authorized under the laws of the State of Illinois.
15    (b) A charter school may be established under this Article
16by creating a new school or by converting an existing public
17school or attendance center to charter school status.
18Beginning on April 16, 2003 (the effective date of Public Act
1993-3), in all new applications to establish a charter school
20in a city having a population exceeding 500,000, operation of
21the charter school shall be limited to one campus. The changes
22made to this Section by Public Act 93-3 do not apply to charter
23schools existing or approved on or before April 16, 2003 (the
24effective date of Public Act 93-3).
25    (b-5) In this subsection (b-5), "virtual-schooling" means

 

 

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

 

 

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

 

 

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1requirement" does not include any course of study or
2specialized instructional requirement for which the State
3Board has established goals and learning standards or which is
4designed primarily to impart knowledge and skills for students
5to master and apply as an outcome of their education.
6    A charter school shall comply with all non-curricular
7health and safety requirements applicable to public schools
8under the laws of the State of Illinois. On or before September
91, 2015, the State Board shall promulgate and post on its
10Internet website a list of non-curricular health and safety
11requirements that a charter school must meet. The list shall
12be updated annually no later than September 1. Any charter
13contract between a charter school and its authorizer must
14contain a provision that requires the charter school to follow
15the list of all non-curricular health and safety requirements
16promulgated by the State Board and any non-curricular health
17and safety requirements added by the State Board to such list
18during the term of the charter. Nothing in this subsection (d)
19precludes an authorizer from including non-curricular health
20and safety requirements in a charter school contract that are
21not contained in the list promulgated by the State Board,
22including non-curricular health and safety requirements of the
23authorizing local school board.
24    (e) Except as otherwise provided in the School Code, a
25charter school shall not charge tuition; provided that a
26charter school may charge reasonable fees for textbooks,

 

 

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

 

 

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1        (1) Sections 10-21.9 and 34-18.5 of this Code
2    regarding criminal history records checks and checks of
3    the Statewide Sex Offender Database and Statewide Murderer
4    and Violent Offender Against Youth Database of applicants
5    for employment;
6        (2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and
7    34-84a of this Code regarding discipline of students;
8        (3) the Local Governmental and Governmental Employees
9    Tort Immunity Act;
10        (4) Section 108.75 of the General Not For Profit
11    Corporation Act of 1986 regarding indemnification of
12    officers, directors, employees, and agents;
13        (5) the Abused and Neglected Child Reporting Act;
14        (5.5) subsection (b) of Section 10-23.12 and
15    subsection (b) of Section 34-18.6 of this Code;
16        (6) the Illinois School Student Records Act;
17        (7) Section 10-17a of this Code regarding school
18    report cards;
19        (8) the P-20 Longitudinal Education Data System Act;
20        (9) Section 27-23.7 of this Code regarding bullying
21    prevention;
22        (10) Section 2-3.162 of this Code regarding student
23    discipline reporting;
24        (11) Sections 22-80 and 27-8.1 of this Code;
25        (12) Sections 10-20.60 and 34-18.53 of this Code;
26        (13) Sections 10-20.63 and 34-18.56 of this Code;

 

 

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

 

 

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

 

 

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1    (j) A charter school may limit student enrollment by age
2or grade level.
3    (k) If the charter school is approved by the State Board or
4Commission, then the charter school is its own local education
5agency.
6(Source: P.A. 101-50, eff. 7-1-20; 101-81, eff. 7-12-19;
7101-291, eff. 1-1-20; 101-531, eff. 8-23-19; 101-543, eff.
88-23-19; 101-654, eff. 3-8-21; 102-51, eff. 7-9-21; 102-157,
9eff. 7-1-22; 102-360, eff. 1-1-22; 102-445, eff. 8-20-21;
10102-522, eff. 8-20-21; 102-558, eff. 8-20-21; 102-676, eff.
1112-3-21; revised 12-21-21.)
 
12    (Text of Section after amendment by P.A. 102-466)
13    Sec. 27A-5. Charter school; legal entity; requirements.
14    (a) A charter school shall be a public, nonsectarian,
15nonreligious, non-home based, and non-profit school. A charter
16school shall be organized and operated as a nonprofit
17corporation or other discrete, legal, nonprofit entity
18authorized under the laws of the State of Illinois.
19    (b) A charter school may be established under this Article
20by creating a new school or by converting an existing public
21school or attendance center to charter school status.
22Beginning on April 16, 2003 (the effective date of Public Act
2393-3), in all new applications to establish a charter school
24in a city having a population exceeding 500,000, operation of
25the charter school shall be limited to one campus. The changes

 

 

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

 

 

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

 

 

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1preserve, or safeguard safe or healthful conditions for
2students and school personnel or to eliminate, reduce, or
3prevent threats to the health and safety of students and
4school personnel. "Non-curricular health and safety
5requirement" does not include any course of study or
6specialized instructional requirement for which the State
7Board has established goals and learning standards or which is
8designed primarily to impart knowledge and skills for students
9to master and apply as an outcome of their education.
10    A charter school shall comply with all non-curricular
11health and safety requirements applicable to public schools
12under the laws of the State of Illinois. On or before September
131, 2015, the State Board shall promulgate and post on its
14Internet website a list of non-curricular health and safety
15requirements that a charter school must meet. The list shall
16be updated annually no later than September 1. Any charter
17contract between a charter school and its authorizer must
18contain a provision that requires the charter school to follow
19the list of all non-curricular health and safety requirements
20promulgated by the State Board and any non-curricular health
21and safety requirements added by the State Board to such list
22during the term of the charter. Nothing in this subsection (d)
23precludes an authorizer from including non-curricular health
24and safety requirements in a charter school contract that are
25not contained in the list promulgated by the State Board,
26including non-curricular health and safety requirements of the

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1agreement, in school district facilities. However, all other
2costs for the operation and maintenance of school district
3facilities that are used by the charter school shall be
4subject to negotiation between the charter school and the
5local school board and shall be set forth in the charter.
6    (j) A charter school may limit student enrollment by age
7or grade level.
8    (k) If the charter school is approved by the State Board or
9Commission, then the charter school is its own local education
10agency.
11(Source: P.A. 101-50, eff. 7-1-20; 101-81, eff. 7-12-19;
12101-291, eff. 1-1-20; 101-531, eff. 8-23-19; 101-543, eff.
138-23-19; 101-654, eff. 3-8-21; 102-51, eff. 7-9-21; 102-157,
14eff. 7-1-22; 102-360, eff. 1-1-22; 102-445, eff. 8-20-21;
15102-466, eff. 7-1-25; 102-522, eff. 8-20-21; 102-558, eff.
168-20-21; 102-676, eff. 12-3-21; revised 12-21-21.)
 
17    (105 ILCS 5/28-19.2)  (from Ch. 122, par. 28-19.2)
18    Sec. 28-19.2. (a) No discrimination or punishment of any
19kind, including, but not limited to: the lowering of grades or
20exclusion from classes, or withholding of student records,
21transcripts or diplomas may be exercised against a student
22because the student's whose parents or guardians are unable to
23purchase required textbooks or instructional materials or to
24pay required fees.
25    (b) Any person who violates this Section is guilty of a

 

 

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1petty offense.
2(Source: P.A. 83-573.)
 
3    (105 ILCS 5/34-21.6)  (from Ch. 122, par. 34-21.6)
4    Sec. 34-21.6. Waiver of fees and fines.
5    (a) The board shall waive all fees and any fines for the
6loss of school property assessed by the district on children
7whose parents are unable to afford them, including but not
8limited 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 (b) 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 board shall
21develop written policies and procedures implementing this
22Section in accordance with regulations promulgated by the
23State Board of Education.
24    (b) If the board participates in a federally funded,
25school-based child nutrition program and uses a student's

 

 

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1application for, eligibility for, or participation in the
2federally funded, school-based child nutrition program (42
3U.S.C. 1758; 7 C.F.R. 245 et seq.) as the basis for waiving
4fees assessed by the district, then the board must follow the
5verification requirements of the federally funded,
6school-based child nutrition program (42 U.S.C. 1758; 7 C.F.R.
7245.6a).
8    If the board establishes a process for the determination
9of eligibility for waiver of all fees assessed by the district
10that is completely independent of the criteria listed in
11subsection (b) a student's application for, eligibility for,
12or participation in a federally funded, school-based child
13nutrition program, the board may provide for fee waiver
14verification no more often once every academic year than every
1560 calendar days. Information obtained during the independent,
16fee waiver verification process indicating that the student
17does not meet free lunch or breakfast eligibility guidelines
18may be used to deny the waiver of the student's fees or fines
19for the loss of school property, provided that any information
20obtained through this independent process for determining or
21verifying eligibility for fee waivers shall not be used to
22determine or verify eligibility for any federally funded,
23school-based child nutrition program.
24    This subsection shall not preclude children from obtaining
25waivers at any point during the academic year.
26(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.".