Full Text of SB0647 102nd General Assembly
SB0647sam002 102ND GENERAL ASSEMBLY | Sen. Ram Villivalam Filed: 3/24/2021
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| 1 | | AMENDMENT TO SENATE BILL 647
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 647 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The School Code is amended by adding Section | 5 | | 27-9.1a and by changing Sections 27A-5 and 34-18.8 as follows: | 6 | | (105 ILCS 5/27-9.1a new) | 7 | | Sec. 27-9.1a. Responsible education for adolescent and | 8 | | children's health (REACH). | 9 | | (a) This Section may be referred to as the REACH Law. | 10 | | (b) The General Assembly finds all of the following: | 11 | | (1) Personal health and safety education can encourage | 12 | | better sexual health outcomes, reduce stigmas, and prepare | 13 | | young people to lead healthy and fulfilling lives. | 14 | | (2) Students who receive personal health and safety | 15 | | education that includes health-positive instruction on | 16 | | sexual orientation, gender identity, and gender expression |
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| 1 | | report less bullying and
harassment. | 2 | | (3) The leading health and education organizations | 3 | | support personal health and safety education that includes | 4 | | information about both delaying sexual activity and the | 5 | | effective use of contraception. | 6 | | (4) Students often lack the education and support | 7 | | needed to prevent unwanted or mistimed pregnancy, HIV, and | 8 | | other sexually transmitted infections, to develop healthy | 9 | | relationships, to plan for personal safety, and to develop | 10 | | decision-making skills. | 11 | | (5) Schools have a responsibility to address child | 12 | | abuse, harassment, bullying, inter-personal violence, and | 13 | | personal safety issues, which can have a significant | 14 | | impact on a student's emotional and physical well-being | 15 | | and academic success. | 16 | | It is the intent of the General Assembly that | 17 | | comprehensive personal health and safety education shall | 18 | | promote awareness and healthy attitudes about growth and | 19 | | development, body image, gender identity, gender expression, | 20 | | sexuality, sexual health, sexual orientation, consent, dating, | 21 | | relationships, and families; should be designed to promote | 22 | | positive behaviors and reduce health-related risk behaviors; | 23 | | and must be available to students in kindergarten through 12th | 24 | | grade and provide students with the information, skills, and | 25 | | support needed to acquire accurate information to make healthy | 26 | | decisions throughout their lives. |
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| 1 | | (c) In this Section: | 2 | | "Age and developmentally appropriate" means suitable for a | 3 | | particular age or age group of children and adolescents, based | 4 | | on the cognitive, emotional, and behavioral development | 5 | | typical of that age or age group. | 6 | | "Characteristics of effective programs" means the aspects | 7 | | of evidence-based programs, including development, content, | 8 | | and the implementation of programs that have been shown to be | 9 | | effective in increasing knowledge, clarifying values and | 10 | | attitudes, increasing skills, and impacting behavior and are | 11 | | widely recognized by leading medical and public health | 12 | | agencies to be effective in changing sexual behaviors that | 13 | | lead to sexually transmitted infections, including HIV, | 14 | | unwanted or mistimed pregnancy, dating violence, and sexual | 15 | | violence among young people. | 16 | | "Comprehensive personal health and safety education" means | 17 | | instruction in a comprehensive school health education | 18 | | approach that addresses the physical, mental, emotional, and | 19 | | social dimensions of human sexuality and is designed to | 20 | | motivate and assist students in maintaining and improving | 21 | | sexual health, developing skills for engaging in healthy | 22 | | relationships, preventing abuse, preventing sexual and | 23 | | interpersonal violence,
preventing infection, and reducing | 24 | | sexual health-related risk behaviors and to enable and empower | 25 | | students to develop and demonstrate developmentally and | 26 | | culturally appropriate sexuality and sexual health-related |
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| 1 | | knowledge, attitudes, skills, and practices. | 2 | | "Consent" means knowing, affirmative, conscious, and | 3 | | voluntary agreement to engage in specific interpersonal, | 4 | | physical, or sexual activity at a given time. | 5 | | "Culturally appropriate" means materials and instruction | 6 | | that are inclusive of the experiences and needs of communities | 7 | | of color, communities of all ethnic and cultural backgrounds, | 8 | | immigrant communities, families, people whose primary language | 9 | | is not English, people of diverse sexual orientations, gender | 10 | | identities, and gender expressions, people who are intersex, | 11 | | people with disabilities, people who have experienced sexual | 12 | | victimization, and people whose experiences have traditionally | 13 | | been left out of sexual health education, programs, and | 14 | | policies. | 15 | | "Gender stereotype" means a generalized view or | 16 | | preconception about what attributes, characteristics, or roles | 17 | | are or ought to be taught, possessed by, or performed by people | 18 | | based on their gender identity. | 19 | | "Human trafficking" means the recruitment, harboring, | 20 | | transportation, provision, obtaining, patronizing, or | 21 | | soliciting of a person for the purpose of labor, involuntary | 22 | | servitude, debt bondage, slavery, or a commercial sex act, | 23 | | which is induced by force, fraud, or coercion or in which the | 24 | | person induced has not attained 18 years of age. | 25 | | "Inclusive" means a curriculum that ensures that students | 26 | | from marginalized communities that include, but are not |
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| 1 | | limited to, communities of color, immigrant communities, | 2 | | people of diverse sexual orientations, gender identities, and | 3 | | gender expressions, people who are intersex, people with | 4 | | disabilities, people who have experienced sexual | 5 | | victimization, and others whose experiences have been | 6 | | traditionally left out of personal health and safety education | 7 | | or related programs and policies are included in classroom | 8 | | materials and lessons. | 9 | | "Medically accurate and complete" means that the | 10 | | information provided through instruction is verified or | 11 | | supported by research conducted in compliance with accepted | 12 | | scientific methods and is published in peer-reviewed journals | 13 | | by the federal Centers for Disease Control and Prevention, the | 14 | | American Public Health Association, the American Academy of | 15 | | Pediatrics, and the American College of Obstetricians and | 16 | | Gynecologists, if applicable, or a program contains | 17 | | information that leading professional public health or medical | 18 | | organizations, government agencies, and scientific advisory | 19 | | groups with relevant expertise in the field recognize as | 20 | | accurate, objective, and complete and the program does not | 21 | | withhold information about external anatomy involved in sexual | 22 | | functioning or in the effectiveness and benefits of correct | 23 | | and consistent use of condoms and other contraceptives. | 24 | | "Sexting" means the act of sending, sharing, receiving, or | 25 | | forwarding a sexually explicit or sexually suggestive image, | 26 | | video, or text message by a digital or electronic device, |
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| 1 | | including, but not limited to, a mobile or cellular telephone | 2 | | or a computer. | 3 | | "Sexual violence" means an act of a sexual nature that is | 4 | | committed or attempted by another person without the freely | 5 | | given consent of the victim or against someone who is unable to | 6 | | consent or refuse. "Sexual violence" includes acts of sexual | 7 | | harassment, sexual abuse, and sexual assault. | 8 | | "Trauma informed" means to address vital information about | 9 | | sexuality and well-being that takes into consideration how | 10 | | adverse life experiences may potentially influence a person's | 11 | | well-being and decision making. | 12 | | (d) Beginning no later than July 1, 2023, a school | 13 | | district shall provide inclusive, medically accurate, and | 14 | | complete, age and developmentally appropriate, and culturally | 15 | | appropriate comprehensive personal health and safety education | 16 | | in kindergarten through the 12th grade in all public schools. | 17 | | (e) Comprehensive personal health and safety education | 18 | | requirements for course materials and instruction under this | 19 | | Section are as follows: | 20 | | (1) Comprehensive personal health and safety education | 21 | | shall do all of the following: | 22 | | (A) Reflect the characteristics of effective
| 23 | | programs. | 24 | | (B) Use and implement curricula that is trauma | 25 | | informed. | 26 | | (C) Use or adopt curricula, materials, and |
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| 1 | | instruction that are inclusive and address the | 2 | | experiences and needs of all youth in the school. | 3 | | (D) Be accessible to students with disabilities, | 4 | | which may include the use of a modified curriculum, | 5 | | materials, instruction in alternative formats, | 6 | | assistive technology, and auxiliary aids. | 7 | | (E) Allow instructors to answer questions | 8 | | initiated by a student that are related to and | 9 | | consistent with the material of the course. | 10 | | (F) Include affirmative and health-positive | 11 | | examples of diverse family structures, races,
| 12 | | ethnicities, genders, sexual orientations, gender
| 13 | | identities, gender expressions, disabilities, and | 14 | | cultures. | 15 | | (G) Create a safe, inclusive, and culturally | 16 | | appropriate environment for all students to learn | 17 | | about and discuss personal health and healthy | 18 | | relationships. | 19 | | (H) Help students develop self-advocacy skills for | 20 | | effective communication with parents or guardians, | 21 | | health and social service professionals, other trusted | 22 | | adults, and peers about sexual health and | 23 | | relationships. | 24 | | (I) Provide information to help students develop | 25 | | skills for preventing and dealing with interpersonal | 26 | | violence, sexual violence, and human trafficking. |
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| 1 | | (J) Provide information about local resources | 2 | | where students can obtain additional information and | 3 | | confidential services related to bullying, | 4 | | interpersonal and sexual violence, suicide prevention, | 5 | | sexual and reproductive health, sexual orientation, | 6 | | gender identity, gender expression, and other related | 7 | | issues. | 8 | | (K) Comply with standards developed by the State | 9 | | Board of Education. | 10 | | (2) Comprehensive personal health and safety education | 11 | | materials and instruction in shall not: | 12 | | (A) use shame-based or stigmatizing language or | 13 | | instructional tools; | 14 | | (B) stigmatize parenting or sexually active youth; | 15 | | (C) stigmatize or further victimize students | 16 | | impacted by sexual violence; | 17 | | (D) discriminate on the basis of sex, race, | 18 | | ethnicity, national origin, disability, religion, | 19 | | gender expression, gender identity, or sexual | 20 | | orientation; | 21 | | (E) exclude the health needs of individuals who | 22 | | are intersex or individuals of diverse sexual | 23 | | orientations, gender identities, or gender | 24 | | expressions; | 25 | | (F) employ gender stereotypes; or | 26 | | (G) impose or promote any religious doctrine. |
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| 1 | | (3) Comprehensive personal health and safety education | 2 | | in the 3rd and 5th grades shall include age and | 3 | | developmentally appropriate instruction on consent and how | 4 | | to give and receive consent, including a discussion that | 5 | | includes, but is not limited to, all of the following: | 6 | | (A) Setting appropriate physical boundaries with | 7 | | others. | 8 | | (B) Respecting the physical boundaries of others. | 9 | | (C) The right to refuse to engage in behaviors or | 10 | | activities that are uncomfortable or unsafe. | 11 | | (D) Dealing with unwanted physical contact. | 12 | | (E) Helping a peer deal with unwanted physical | 13 | | contact. | 14 | | (4) Comprehensive personal health and safety education | 15 | | in the 6th through 12th grades shall include age and | 16 | | developmentally appropriate instruction on consent and how | 17 | | to give and receive consent, including a discussion that | 18 | | includes, but is not limited to, all of the following: | 19 | | (A) That consent is a freely given agreement to | 20 | | sexual activity. | 21 | | (B) That consent to one particular sexual activity | 22 | | does not constitute consent to other types of sexual | 23 | | activities. | 24 | | (C) That a person's lack of verbal or physical | 25 | | resistance or submission resulting from the use or | 26 | | threat of force does not constitute consent. |
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| 1 | | (D) That a person's manner of dress does not | 2 | | constitute consent. | 3 | | (E) That a person's consent to past sexual | 4 | | activity does not constitute consent to future sexual | 5 | | activity. | 6 | | (F) That a person's consent to engage in sexual | 7 | | activity with one person does not constitute consent | 8 | | to engage in sexual activity with another person. | 9 | | (G) That a person can withdraw consent at any | 10 | | time. | 11 | | (H) That a person cannot consent to sexual | 12 | | activity if that person is unable to understand the | 13 | | nature of the activity or give knowing consent due to | 14 | | certain circumstances that include, but are not | 15 | | limited to: | 16 | | (i) the person is incapacitated due to the use | 17 | | or influence of alcohol or drugs; | 18 | | (ii) the person is asleep or unconscious; | 19 | | (iii) the person is a minor; or | 20 | | (iv) the person is incapacitated due to a | 21 | | mental disability. | 22 | | (I) The legal age of consent in Illinois. | 23 | | (5) Beginning no later than July 1, 2023, | 24 | | comprehensive personal health and safety education | 25 | | instruction and materials, including materials provided or | 26 | | presented by outside organizations, resource persons, or |
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| 1 | | guest lecturers, may not conflict with the provisions of | 2 | | this Section. A school may utilize guest lecturers or | 3 | | resource persons to provide instruction or presentations | 4 | | in accordance with Section 10-22.34b of this Code. | 5 | | (f) By no later than March 31, 2023, the State Board of | 6 | | Education shall post on its website comprehensive personal | 7 | | health and safety education resources that are inclusive, | 8 | | medically accurate and complete, age and developmentally | 9 | | appropriate, and culturally appropriate for use in | 10 | | pre-kindergarten through the 12th grade. Any comprehensive | 11 | | personal health and safety education offered to | 12 | | pre-kindergarten students shall be age and developmentally | 13 | | appropriate. | 14 | | (g) School disclosure, parental requests, and notice are | 15 | | as follows: | 16 | | (1) It is the intent of the General Assembly to: | 17 | | (A) encourage pupils to communicate with their | 18 | | parents or guardians about human sexuality and health | 19 | | needs and to respect the rights of parents and | 20 | | guardians to supervise their children's education on | 21 | | these subjects; | 22 | | (B) create a streamlined process to make it easier | 23 | | for parents and guardians to review materials and | 24 | | evaluation tools related to comprehensive personal | 25 | | health and safety education; and | 26 | | (C) recognize that although parents and guardians |
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| 1 | | overwhelmingly support medically accurate and | 2 | | complete, age and developmentally appropriate, and | 3 | | culturally appropriate comprehensive personal health | 4 | | and safety education, parents and guardians have the | 5 | | ultimate responsibility for imparting values regarding | 6 | | human sexuality to their children. | 7 | | (2) A parent or guardian of a student has the right to | 8 | | excuse his or her child from all or a part of comprehensive | 9 | | personal health and safety education and assessments | 10 | | related to that education through a passive consent | 11 | | process. A school district may not require active parental | 12 | | consent for comprehensive personal health and safety | 13 | | education. | 14 | | (3) A school district shall annually post
information | 15 | | on its Internet website about any curricula used to | 16 | | provide comprehensive personal health and safety | 17 | | education, including: | 18 | | (A) whether the instruction during the prior | 19 | | school year was provided by a teacher in the school, an | 20 | | outside organization, or a guest lecturer or resource | 21 | | person; | 22 | | (B) the number of students who received the | 23 | | instruction during the prior school year; | 24 | | (C) the number of students excused from | 25 | | instruction pursuant to this subsection (g) during the | 26 | | prior school year; |
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| 1 | | (D) the duration of instruction, including the | 2 | | number of hours of instruction per grade level during | 3 | | the prior school year; and | 4 | | (E) the name and contact information, including an | 5 | | email address, of school personnel who can respond to | 6 | | inquiries and comments about the instruction and | 7 | | materials. | 8 | | If any instruction is provided by an outside | 9 | | organization or guest lecturer or resource person, the | 10 | | school district shall specify the name of the outside | 11 | | organization or the guest lecturer or resource person and | 12 | | identify any organizations with which the guest lecturer | 13 | | or resource person may be affiliated. | 14 | | If an Internet website is not available, the | 15 | | information must be provided in another format to school | 16 | | administrators, school board members, school personnel, | 17 | | parents, guardians, students, and the public. | 18 | | (4) At the beginning of each school year or at the time | 19 | | of a student's enrollment, a school district shall notify | 20 | | the parent or guardian of each student about the | 21 | | instruction planned for the coming school year about | 22 | | comprehensive personal health and safety education and | 23 | | research on student health, behaviors, and risks. The | 24 | | notice shall do all of the following: | 25 | | (A) Advise the parent or guardian that written and | 26 | | audiovisual educational materials used in
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| 1 | | comprehensive personal health and safety education, | 2 | | including materials used by an outside organization, | 3 | | guest lecturer, or resource person, are available for | 4 | | inspection both to the parent or guardian and to the | 5 | | public. | 6 | | (B) Advise the parent or guardian whether the | 7 | | comprehensive personal health and safety education | 8 | | will be taught by school district personnel or by an | 9 | | outside organization, guest lecturer, or resource | 10 | | person. If comprehensive personal health and safety | 11 | | education is to be taught by an outside organization, | 12 | | guest lecturer, or resource person, the notice shall | 13 | | include the date of the instruction, the name of the | 14 | | organization or the affiliation of each guest speaker | 15 | | or resource person, and information stating the right | 16 | | of the parent or guardian to request a copy of the | 17 | | educational materials to be used. If arrangements for | 18 | | this instruction are made after the beginning of the | 19 | | school year, the notice shall be made by mail or | 20 | | another commonly used method of notification no fewer | 21 | | than 14 days before the instruction is delivered. | 22 | | (C) Include information explaining the parent's or | 23 | | guardian's right to request a copy of this Section. | 24 | | (D) Advise the parent or guardian that the parent | 25 | | or guardian has the right to excuse the student from | 26 | | comprehensive personal health and safety education and |
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| 1 | | that, in order to excuse the student, the parent or | 2 | | guardian must submit his or her request in writing to | 3 | | the school district. | 4 | | (E) State that a student will not be subject to | 5 | | disciplinary action, an academic penalty, or any other | 6 | | sanction if the student's parent or guardian requests | 7 | | the student not receive the instruction provided under | 8 | | this Section. If a student's parent or guardian | 9 | | requests that the student not receive the instruction | 10 | | provided under this Section, the school is encouraged | 11 | | to provide alternative assignments. | 12 | | (F) Identify the name and contact information, | 13 | | including an email address, of school personnel who | 14 | | can respond to inquiries and comments about the course | 15 | | instruction and materials. | 16 | | (h) A school district may collaborate with a local public | 17 | | health department to identify and designate a qualified | 18 | | employee of the local public health department as the school | 19 | | district's point of contact for the purposes of responding to | 20 | | inquiries and comments about course instruction and materials | 21 | | under this Section. | 22 | | (i) On or before December 31, 2022, the State Board of | 23 | | Education, in consultation with youth, parents, sexual and | 24 | | interpersonal violence prevention experts, health care | 25 | | providers, social workers, and advocates and education | 26 | | practitioners, including, but not limited to, administrators, |
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| 1 | | regional superintendents of schools, teachers, and school | 2 | | support personnel, shall develop and adopt rigorous learning | 3 | | standards in the area of comprehensive personal health and | 4 | | safety education, including, but not limited to: | 5 | | (1) national standards developed by Advocates for | 6 | | Youth, Answer, and the Sexuality Information and Education | 7 | | Council of the United States (SIECUS); | 8 | | (2) standards for instruction on positive body image | 9 | | and positive sexuality, including that there is a range of | 10 | | healthy sexual behaviors that are affirming and | 11 | | pleasurable; | 12 | | (3) standards for instruction on the safe use of | 13 | | social media, dating or relationship websites or | 14 | | applications, and sexting; | 15 | | (4) standards for instruction on the sex equity policy | 16 | | of the school or education system, the process for making | 17 | | a complaint, the grievance procedure, and the school | 18 | | official who is designated as the school's Title IX | 19 | | coordinator; | 20 | | (5) standards for instruction pursuant to Section | 21 | | 10-23.13 of this Code; and | 22 | | (6) standards for instruction on mandated reporting of | 23 | | abused and neglected children as required by the Abused | 24 | | and Neglected Child Reporting Act. | 25 | | (j) The State Board of Education shall adopt rules to | 26 | | implement, administer, and ensure compliance with this |
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| 1 | | Section.
| 2 | | (105 ILCS 5/27A-5)
| 3 | | Sec. 27A-5. Charter school; legal entity; requirements.
| 4 | | (a) A charter school shall be a public, nonsectarian, | 5 | | nonreligious, non-home
based, and non-profit school. A charter | 6 | | school shall be organized and operated
as a nonprofit | 7 | | corporation or other discrete, legal, nonprofit entity
| 8 | | authorized under the laws of the State of Illinois.
| 9 | | (b) A charter school may be established under this Article | 10 | | by creating a new
school or by converting an existing public | 11 | | school or attendance center to
charter
school status.
| 12 | | Beginning on April 16, 2003 (the effective date of Public Act | 13 | | 93-3), in all new
applications to establish
a charter
school | 14 | | in a city having a population exceeding 500,000, operation of | 15 | | the
charter
school shall be limited to one campus. The changes | 16 | | made to this Section by Public Act 93-3 do not apply to charter | 17 | | schools existing or approved on or before April 16, 2003 (the
| 18 | | effective date of Public Act 93-3). | 19 | | (b-5) In this subsection (b-5), "virtual-schooling" means | 20 | | a cyber school where students engage in online curriculum and | 21 | | instruction via the Internet and electronic communication with | 22 | | their teachers at remote locations and with students | 23 | | participating at different times. | 24 | | From April 1, 2013 through December 31, 2016, there is a | 25 | | moratorium on the establishment of charter schools with |
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| 1 | | virtual-schooling components in school districts other than a | 2 | | school district organized under Article 34 of this Code. This | 3 | | moratorium does not apply to a charter school with | 4 | | virtual-schooling components existing or approved prior to | 5 | | April 1, 2013 or to the renewal of the charter of a charter | 6 | | school with virtual-schooling components already approved | 7 | | prior to April 1, 2013.
| 8 | | (c) A charter school shall be administered and governed by | 9 | | its board of
directors or other governing body
in the manner | 10 | | provided in its charter. The governing body of a charter | 11 | | school
shall be subject to the Freedom of Information Act and | 12 | | the Open Meetings Act. No later than January 1, 2021 ( one year | 13 | | after the effective date of Public Act 101-291) this | 14 | | amendatory Act of the 101st General Assembly , a charter | 15 | | school's board of directors or other governing body must | 16 | | include at least one parent or guardian of a pupil currently | 17 | | enrolled in the charter school who may be selected through the | 18 | | charter school or a charter network election, appointment by | 19 | | the charter school's board of directors or other governing | 20 | | body, or by the charter school's Parent Teacher Organization | 21 | | or its equivalent. | 22 | | (c-5) No later than January 1, 2021 ( one year after the | 23 | | effective date of Public Act 101-291) this amendatory Act of | 24 | | the 101st General Assembly or within the first year of his or | 25 | | her first term, every voting member of a charter school's | 26 | | board of directors or other governing body shall complete a |
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| 1 | | minimum of 4 hours of professional development leadership | 2 | | training to ensure that each member has sufficient familiarity | 3 | | with the board's or governing body's role and | 4 | | responsibilities, including financial oversight and | 5 | | accountability of the school, evaluating the principal's and | 6 | | school's performance, adherence to the Freedom of Information | 7 | | Act and the Open Meetings Act Acts , and compliance with | 8 | | education and labor law. In each subsequent year of his or her | 9 | | term, a voting member of a charter school's board of directors | 10 | | or other governing body shall complete a minimum of 2 hours of | 11 | | professional development training in these same areas. The | 12 | | training under this subsection may be provided or certified by | 13 | | a statewide charter school membership association or may be | 14 | | provided or certified by other qualified providers approved by | 15 | | the State Board of Education.
| 16 | | (d) For purposes of this subsection (d), "non-curricular | 17 | | health and safety requirement" means any health and safety | 18 | | requirement created by statute or rule to provide, maintain, | 19 | | preserve, or safeguard safe or healthful conditions for | 20 | | students and school personnel or to eliminate, reduce, or | 21 | | prevent threats to the health and safety of students and | 22 | | school personnel. "Non-curricular health and safety | 23 | | requirement" does not include any course of study or | 24 | | specialized instructional requirement for which the State | 25 | | Board has established goals and learning standards or which is | 26 | | designed primarily to impart knowledge and skills for students |
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| 1 | | to master and apply as an outcome of their education. | 2 | | A charter school shall comply with all non-curricular | 3 | | health and safety
requirements applicable to public schools | 4 | | under the laws of the State of
Illinois. On or before September | 5 | | 1, 2015, the State Board shall promulgate and post on its | 6 | | Internet website a list of non-curricular health and safety | 7 | | requirements that a charter school must meet. The list shall | 8 | | be updated annually no later than September 1. Any charter | 9 | | contract between a charter school and its authorizer must | 10 | | contain a provision that requires the charter school to follow | 11 | | the list of all non-curricular health and safety requirements | 12 | | promulgated by the State Board and any non-curricular health | 13 | | and safety requirements added by the State Board to such list | 14 | | during the term of the charter. Nothing in this subsection (d) | 15 | | precludes an authorizer from including non-curricular health | 16 | | and safety requirements in a charter school contract that are | 17 | | not contained in the list promulgated by the State Board, | 18 | | including non-curricular health and safety requirements of the | 19 | | authorizing local school board.
| 20 | | (e) Except as otherwise provided in the School Code, a | 21 | | charter school shall
not charge tuition; provided that a | 22 | | charter school may charge reasonable fees
for textbooks, | 23 | | instructional materials, and student activities.
| 24 | | (f) A charter school shall be responsible for the | 25 | | management and operation
of its fiscal affairs including,
but | 26 | | not limited to, the preparation of its budget. An audit of each |
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| 1 | | charter
school's finances shall be conducted annually by an | 2 | | outside, independent
contractor retained by the charter | 3 | | school. To ensure financial accountability for the use of | 4 | | public funds, on or before December 1 of every year of | 5 | | operation, each charter school shall submit to its authorizer | 6 | | and the State Board a copy of its audit and a copy of the Form | 7 | | 990 the charter school filed that year with the federal | 8 | | Internal Revenue Service. In addition, if deemed necessary for | 9 | | proper financial oversight of the charter school, an | 10 | | authorizer may require quarterly financial statements from | 11 | | each charter school.
| 12 | | (g) A charter school shall comply with all provisions of | 13 | | this Article, the Illinois Educational Labor Relations Act, | 14 | | all federal and State laws and rules applicable to public | 15 | | schools that pertain to special education and the instruction | 16 | | of English learners, and
its charter. A charter
school is | 17 | | exempt from all other State laws and regulations in this Code
| 18 | | governing public
schools and local school board policies; | 19 | | however, a charter school is not exempt from the following:
| 20 | | (1) Sections 10-21.9 and 34-18.5 of this Code | 21 | | regarding criminal
history records checks and checks of | 22 | | the Statewide Sex Offender Database and Statewide Murderer | 23 | | and Violent Offender Against Youth Database of applicants | 24 | | for employment;
| 25 | | (2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and | 26 | | 34-84a of this Code regarding discipline of
students;
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| 1 | | (3) the Local Governmental and Governmental Employees | 2 | | Tort Immunity Act;
| 3 | | (4) Section 108.75 of the General Not For Profit | 4 | | Corporation Act of 1986
regarding indemnification of | 5 | | officers, directors, employees, and agents;
| 6 | | (5) the Abused and Neglected Child Reporting Act;
| 7 | | (5.5) subsection (b) of Section 10-23.12 and | 8 | | subsection (b) of Section 34-18.6 of this Code; | 9 | | (6) the Illinois School Student Records Act;
| 10 | | (7) Section 10-17a of this Code regarding school | 11 | | report cards;
| 12 | | (8) the P-20 Longitudinal Education Data System Act; | 13 | | (9) Section 27-23.7 of this Code regarding bullying | 14 | | prevention; | 15 | | (10) Section 2-3.162 of this Code regarding student | 16 | | discipline reporting; | 17 | | (11) Sections 22-80 and 27-8.1 of this Code; | 18 | | (12) Sections 10-20.60 and 34-18.53 of this Code; | 19 | | (13) Sections 10-20.63 and 34-18.56 of this Code; | 20 | | (14) Section 26-18 of this Code; | 21 | | (15) Section 22-30 of this Code; and | 22 | | (16) Sections 24-12 and 34-85 of this Code ; . | 23 | | (17) the (16) The Seizure Smart School Act ; . | 24 | | (18) Section 27-9.1a of this Code; and | 25 | | (19) Section 34-18.8 of this Code. | 26 | | The change made by Public Act 96-104 to this subsection |
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| 1 | | (g) is declaratory of existing law. | 2 | | (h) A charter school may negotiate and contract with a | 3 | | school district, the
governing body of a State college or | 4 | | university or public community college, or
any other public or | 5 | | for-profit or nonprofit private entity for: (i) the use
of a | 6 | | school building and grounds or any other real property or | 7 | | facilities that
the charter school desires to use or convert | 8 | | for use as a charter school site,
(ii) the operation and | 9 | | maintenance thereof, and
(iii) the provision of any service, | 10 | | activity, or undertaking that the charter
school is required | 11 | | to perform in order to carry out the terms of its charter.
| 12 | | However, a charter school
that is established on
or
after | 13 | | April 16, 2003 (the effective date of Public Act 93-3) and that | 14 | | operates
in a city having a population exceeding
500,000 may | 15 | | not contract with a for-profit entity to
manage or operate the | 16 | | school during the period that commences on April 16, 2003 (the
| 17 | | effective date of Public Act 93-3) and
concludes at the end of | 18 | | the 2004-2005 school year.
Except as provided in subsection | 19 | | (i) of this Section, a school district may
charge a charter | 20 | | school reasonable rent for the use of the district's
| 21 | | buildings, grounds, and facilities. Any services for which a | 22 | | charter school
contracts
with a school district shall be | 23 | | provided by the district at cost. Any services
for which a | 24 | | charter school contracts with a local school board or with the
| 25 | | governing body of a State college or university or public | 26 | | community college
shall be provided by the public entity at |
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| 1 | | cost.
| 2 | | (i) In no event shall a charter school that is established | 3 | | by converting an
existing school or attendance center to | 4 | | charter school status be required to
pay rent for space
that is | 5 | | deemed available, as negotiated and provided in the charter | 6 | | agreement,
in school district
facilities. However, all other | 7 | | costs for the operation and maintenance of
school district | 8 | | facilities that are used by the charter school shall be | 9 | | subject
to negotiation between
the charter school and the | 10 | | local school board and shall be set forth in the
charter.
| 11 | | (j) A charter school may limit student enrollment by age | 12 | | or grade level.
| 13 | | (k) If the charter school is approved by the State Board or | 14 | | Commission, then the charter school is its own local education | 15 | | agency. | 16 | | (Source: P.A. 100-29, eff. 1-1-18; 100-156, eff. 1-1-18; | 17 | | 100-163, eff. 1-1-18; 100-413, eff. 1-1-18; 100-468, eff. | 18 | | 6-1-18; 100-726, eff. 1-1-19; 100-863, eff. 8-14-18; 101-50, | 19 | | eff. 7-1-20; 101-81, eff. 7-12-19; 101-291, eff. 1-1-20; | 20 | | 101-531, eff. 8-23-19; 101-543, eff. 8-23-19; revised 8-4-20.)
| 21 | | (105 ILCS 5/34-18.8) (from Ch. 122, par. 34-18.8)
| 22 | | Sec. 34-18.8. HIV AIDS training. School guidance | 23 | | counselors, nurses,
teachers , school social workers, and other | 24 | | school personnel who work with pupils shall
may be trained to | 25 | | have a basic knowledge of matters relating
to human |
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| 1 | | immunodeficiency virus (HIV) acquired immunodeficiency | 2 | | syndrome (AIDS) , including the nature of the infection
| 3 | | disease , its causes and effects, the means of detecting it and | 4 | | preventing
its transmission, the availability of appropriate | 5 | | sources of counseling and
referral, and any other medically | 6 | | accurate information that is age and developmentally | 7 | | appropriate for may be appropriate considering the
age and | 8 | | grade level of such pupils. The Board of Education shall | 9 | | supervise
such training. The State Board of Education and the | 10 | | Department of Public
Health shall jointly develop standards | 11 | | for such training.
| 12 | | (Source: P.A. 86-900.)
| 13 | | (105 ILCS 5/27-9.1 rep.)
| 14 | | (105 ILCS 5/27-9.2 rep.)
| 15 | | (105 ILCS 5/27-11 rep.)
| 16 | | Section 10. The School Code is amended by repealing | 17 | | Sections 27-9.1, 27-9.2, and 27-11.
| 18 | | Section 99. Effective date. This Act takes effect upon | 19 | | becoming law.".
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