Illinois General Assembly - Full Text of SB0818
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Full Text of SB0818  102nd General Assembly

SB0818sam004 102ND GENERAL ASSEMBLY

Sen. Ram Villivalam

Filed: 5/19/2021

 

 


 

 


 
10200SB0818sam004LRB102 04606 CMG 26671 a

1
AMENDMENT TO SENATE BILL 818

2    AMENDMENT NO. ______. Amend Senate Bill 818, AS AMENDED,
3by replacing everything after the enacting clause with the
4following:
 
5    "Section 5. The School Code is amended by changing
6Sections 2-3.62, 27A-5, and 34-18.8 and by adding Sections
727-9.1a and 27-9.1b as follows:
 
8    (105 ILCS 5/2-3.62)  (from Ch. 122, par. 2-3.62)
9    Sec. 2-3.62. Educational service centers.
10    (a) A regional network of educational service centers
11shall be established by the State Board of Education to
12coordinate and combine existing services in a manner which is
13practical and efficient and to provide new services to schools
14as provided in this Section. Services to be made available by
15such centers shall include the planning, implementation and
16evaluation of:

 

 

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1        (1) (blank);
2        (2) computer technology education;
3        (3) mathematics, science and reading resources for
4    teachers including continuing education, inservice
5    training and staff development.
6    The centers may provide training, technical assistance,
7coordination and planning in other program areas such as
8school improvement, school accountability, financial planning,
9consultation, and services, career guidance, early childhood
10education, alcohol/drug education and prevention,
11comprehensive personal health and safety education and
12comprehensive sexual health family life - sex education,
13electronic transmission of data from school districts to the
14State, alternative education and regional special education,
15and telecommunications systems that provide distance learning.
16Such telecommunications systems may be obtained through the
17Department of Central Management Services pursuant to Section
18405-270 of the Department of Central Management Services Law
19(20 ILCS 405/405-270). The programs and services of
20educational service centers may be offered to private school
21teachers and private school students within each service
22center area provided public schools have already been afforded
23adequate access to such programs and services.
24    Upon the abolition of the office, removal from office,
25disqualification for office, resignation from office, or
26expiration of the current term of office of the regional

 

 

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1superintendent of schools, whichever is earlier, the chief
2administrative officer of the centers serving that portion of
3a Class II county school unit outside of a city of 500,000 or
4more inhabitants shall have and exercise, in and with respect
5to each educational service region having a population of
62,000,000 or more inhabitants and in and with respect to each
7school district located in any such educational service
8region, all of the rights, powers, duties, and
9responsibilities theretofore vested by law in and exercised
10and performed by the regional superintendent of schools for
11that area under the provisions of this Code or any other laws
12of this State.
13    The State Board of Education shall promulgate rules and
14regulations necessary to implement this Section. The rules
15shall include detailed standards which delineate the scope and
16specific content of programs to be provided by each
17Educational Service Center, as well as the specific planning,
18implementation and evaluation services to be provided by each
19Center relative to its programs. The Board shall also provide
20the standards by which it will evaluate the programs provided
21by each Center.
22    (b) Centers serving Class 1 county school units shall be
23governed by an 11-member board, 3 members of which shall be
24public school teachers nominated by the local bargaining
25representatives to the appropriate regional superintendent for
26appointment and no more than 3 members of which shall be from

 

 

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1each of the following categories, including but not limited to
2superintendents, regional superintendents, school board
3members and a representative of an institution of higher
4education. The members of the board shall be appointed by the
5regional superintendents whose school districts are served by
6the educational service center. The composition of the board
7will reflect the revisions of this amendatory Act of 1989 as
8the terms of office of current members expire.
9    (c) The centers shall be of sufficient size and number to
10assure delivery of services to all local school districts in
11the State.
12    (d) From monies appropriated for this program the State
13Board of Education shall provide grants paid from the Personal
14Property Tax Replacement Fund to qualifying Educational
15Service Centers applying for such grants in accordance with
16rules and regulations promulgated by the State Board of
17Education to implement this Section.
18    (e) The governing authority of each of the 18 regional
19educational service centers shall appoint a comprehensive
20personal health and safety education and comprehensive sexual
21health family life - sex education advisory board consisting
22of 2 parents, 2 teachers, 2 school administrators, 2 school
23board members, 2 health care professionals, one library system
24representative, and the director of the regional educational
25service center who shall serve as chairperson of the advisory
26board so appointed. Members of the comprehensive personal

 

 

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1health and safety education and comprehensive sexual health
2family life - sex education advisory boards shall serve
3without compensation. Each of the advisory boards appointed
4pursuant to this subsection shall develop a plan for regional
5teacher-parent comprehensive personal health and safety
6education and comprehensive sexual health family life - sex
7education training sessions and shall file a written report of
8such plan with the governing board of their regional
9educational service center. The directors of each of the
10regional educational service centers shall thereupon meet,
11review each of the reports submitted by the advisory boards
12and combine those reports into a single written report which
13they shall file with the Citizens Council on School Problems
14prior to the end of the regular school term of the 1987-1988
15school year.
16    (f) The 14 educational service centers serving Class I
17county school units shall be disbanded on the first Monday of
18August, 1995, and their statutory responsibilities and
19programs shall be assumed by the regional offices of
20education, subject to rules and regulations developed by the
21State Board of Education. The regional superintendents of
22schools elected by the voters residing in all Class I counties
23shall serve as the chief administrators for these programs and
24services.
25(Source: P.A. 98-24, eff. 6-19-13; 98-647, eff. 6-13-14;
2699-30, eff. 7-10-15.)
 

 

 

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1    (105 ILCS 5/27-9.1a new)
2    Sec. 27-9.1a. Comprehensive personal health and safety and
3comprehensive sexual health education.
4    (a) In this Section:
5    "Adapt" means to modify an evidence-based or
6evidence-informed program model for use with a particular
7demographic, ethnic, linguistic, or cultural group.
8    "Age and developmentally appropriate" means suitable to
9particular ages or age groups of children and adolescents,
10based on the developing cognitive, emotional, and behavioral
11capacity typical for the age or age group.
12    "Characteristics of effective programs" includes
13development, content, and implementation of such programs that
14(i) have been shown to be effective in terms of increasing
15knowledge, clarifying values and attitudes, increasing skills,
16and impacting behavior, (ii) are widely recognized by leading
17medical and public health agencies to be effective in changing
18sexual behaviors that lead to sexually transmitted infections,
19including HIV, unintended pregnancy, interpersonal violence,
20and sexual violence among young people, and (iii) are taught
21by professionals who provide a safe learning space, free from
22shame, stigma, and ideology and are trained in trauma-informed
23teaching methodologies.
24    "Complete" means information that aligns with the National
25Sex Education Standards, including information on consent and

 

 

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1healthy relationships, anatomy and physiology, puberty and
2adolescent sexual development, gender identity and expression,
3sexual orientation and identity, sexual health, and
4interpersonal violence.
5    "Comprehensive personal health and safety education" means
6age and developmentally appropriate education that aligns with
7the National Sex Education Standards, including information on
8consent and healthy relationships, anatomy and physiology,
9puberty and adolescent sexual development, gender identity and
10expression, sexual orientation and identity, sexual health,
11and interpersonal violence.
12    "Comprehensive sexual health education" means age and
13developmentally appropriate education that aligns with the
14National Sex Education Standards, including information on
15consent and healthy relationships, anatomy and physiology,
16puberty and adolescent sexual development, gender identity and
17expression, sexual orientation and identity, sexual health,
18and interpersonal violence.
19    "Consent" means an affirmative, knowing, conscious,
20ongoing, and voluntary agreement to engage in interpersonal,
21physical, or sexual activity, which can be revoked at any
22point, including during the course of interpersonal, physical,
23or sexual activity.
24    "Culturally appropriate" means affirming culturally
25diverse individuals, families, and communities in an
26inclusive, respectful, and effective manner, including

 

 

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1materials and instruction that are inclusive of race,
2ethnicity, language, cultural background, immigration status,
3religion, disability, gender, gender identity, gender
4expression, sexual orientation, and sexual behavior.
5    "Evidence-based program" means a program for which
6systematic, empirical research or evaluation has provided
7evidence of effectiveness.
8    "Evidence-informed program" means a program that uses the
9best available research and practice knowledge to guide
10program design and implementation.
11    "Gender stereotype" means a generalized view or
12preconception about what attributes, characteristics, or roles
13are or ought to be taught, possessed by, or performed by people
14based on their gender identity.
15    "Healthy relationships" means relationships between
16individuals that consist of mutual respect, trust, honesty,
17support, fairness, equity, separate identities, physical and
18emotional safety, and good communication.
19    "Identity" means people's understanding of how they
20identify their sexual orientation, gender, gender identity, or
21gender expression without stereotypes, shame, or stigma.
22    "Inclusive" means inclusion of marginalized communities
23that include, but are not limited to, people of color,
24immigrants, people of diverse sexual orientations, gender
25identities, and gender expressions, people who are intersex,
26people with disabilities, people who have experienced

 

 

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1interpersonal or sexual violence, and others.
2    "Interpersonal violence" means violent behavior used to
3establish power and control over another person.
4    "Medically accurate" means verified or supported by the
5weight of research conducted in compliance with accepted
6scientific methods and published in peer-reviewed journals, if
7applicable, or comprising information recognized as accurate
8and objective.
9    "Pre-exposure Prophylaxis (PrEP)" means medications
10approved by the federal Food and Drug Administration (FDA) and
11recommended by the United States Public Health Service or the
12federal Centers for Disease Control and Prevention for HIV
13pre-exposure prophylaxis and related pre-exposure prophylaxis
14services, including, but not limited to, HIV and sexually
15transmitted infection screening, treatment for sexually
16transmitted infections, medical monitoring, laboratory
17services, and sexual health counseling, to reduce the
18likelihood of HIV infection for individuals who are not living
19with HIV but are vulnerable to HIV exposure.
20    "Post-exposure Prophylaxis (PeP)" means the medications
21that are recommended by the federal Centers for Disease
22Control and Prevention and other public health authorities to
23help prevent HIV infection after potential occupational or
24non-occupational HIV exposure.
25    "Sexual violence" means discrimination, bullying,
26harassment, including sexual harassment, sexual abuse, sexual

 

 

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1assault, intimate partner violence, incest, rape, and human
2trafficking.
3    "Trauma informed" means to address vital information about
4sexuality and well-being that takes into consideration how
5adverse life experiences may potentially influence a person's
6well-being and decision making.
7    (b) All classes that teach comprehensive personal health
8and safety and comprehensive sexual health education shall
9satisfy the following criteria:
10        (1) Course material and instruction shall be age and
11    developmentally appropriate, medically accurate,
12    complete, culturally appropriate, inclusive, and trauma
13    informed.
14        (2) Course material and instruction shall replicate
15    evidence-based or evidence-informed programs or
16    substantially incorporate elements of evidence-based
17    programs or evidence-informed programs or characteristics
18    of effective programs.
19        (3) Course material and instruction shall be inclusive
20    and sensitive to the needs of students based on their
21    status as pregnant or parenting, living with STIs,
22    including HIV, sexually active, asexual, or intersex or
23    based on their gender, gender identity, gender expression,
24    sexual orientation, sexual behavior, or disability.
25        (4) Course material and instruction shall be
26    accessible to students with disabilities, which may

 

 

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1    include the use of a modified curriculum, materials,
2    instruction in alternative formats, assistive technology,
3    and auxiliary aids.
4        (5) Course material and instruction shall help
5    students develop self-advocacy skills for effective
6    communication with parents or guardians, health and social
7    service professionals, other trusted adults, and peers
8    about sexual health and relationships.
9        (6) Course material and instruction shall provide
10    information to help students develop skills for developing
11    healthy relationships and preventing and dealing with
12    interpersonal violence and sexual violence.
13        (7) Course material and instruction shall provide
14    information to help students safely use the Internet,
15    including social media, dating or relationship websites or
16    applications, and texting.
17        (8) Course material and instruction shall provide
18    information about local resources where students can
19    obtain additional information and confidential services
20    related to parenting, bullying, interpersonal violence,
21    sexual violence, suicide prevention, sexual and
22    reproductive health, mental health, substance abuse,
23    sexual orientation, gender identity, gender expression,
24    and other related issues.
25        (9) Course material and instruction shall include
26    information about State laws related to minor

 

 

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1    confidentiality and minor consent, including exceptions,
2    consent education, mandated reporting of child abuse and
3    neglect, the safe relinquishment of a newborn child,
4    minors' access to confidential health care and related
5    services, school policies addressing the prevention of and
6    response to interpersonal and sexual violence, school
7    breastfeeding accommodations, and school policies
8    addressing the prevention of and response to sexual
9    harassment.
10        (10) Course material and instruction may not reflect
11    or promote bias against any person on the basis of the
12    person's race, ethnicity, language, cultural background,
13    citizenship, religion, HIV status, family structure,
14    disability, gender, gender identity, gender expression,
15    sexual orientation, or sexual behavior.
16        (11) Course material and instruction may not employ
17    gender stereotypes.
18        (12) Course material and instruction shall be
19    inclusive of and may not be insensitive or unresponsive to
20    the needs of survivors of interpersonal violence and
21    sexual violence.
22        (13) Course material and instruction may not
23    proselytize any religious doctrine.
24        (14) Course material and instruction may not
25    deliberately withhold health-promoting or life-saving
26    information about culturally appropriate health care and

 

 

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1    services, including reproductive health services, hormone
2    therapy, and FDA-approved treatments and options,
3    including, but not limited to, Pre-exposure Prophylaxis
4    (PrEP) and Post-exposure Prophylaxis (PeP).
5        (15) Course material and instruction may not be
6    inconsistent with the ethical imperatives of medicine and
7    public health.
8    (c) A school may utilize guest lecturers or resource
9persons to provide instruction or presentations in accordance
10with Section 10-22.34b. Comprehensive personal health and
11safety and comprehensive sexual health education instruction
12and materials provided by guest lecturers or resource persons
13may not conflict with the provisions of this Section.
14    (d) No student shall be required to take or participate in
15any class or course in comprehensive personal health and
16safety and comprehensive sexual health education. A student's
17parent or guardian may opt the student out of comprehensive
18personal health and safety and comprehensive sexual health
19education by submitting the request in writing. Refusal to
20take or participate in such a course or program may not be a
21reason for disciplinary action, academic penalty, suspension,
22or expulsion or any other sanction of a student. A school
23district may not require active parental consent for
24comprehensive personal health and safety and comprehensive
25sexual health education.
26    (e) An opportunity shall be afforded to individuals,

 

 

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1including parents or guardians, to review the scope and
2sequence of instructional materials to be used in a class or
3course under this Section, either electronically or in person.
4A school district shall annually post, on its Internet website
5if one exists, which curriculum is used to provide
6comprehensive personal health and safety and comprehensive
7sexual health education and the name and contact information,
8including an email address, of school personnel who can
9respond to inquiries about instruction and materials.
10    (f) On or before August 1, 2022, the State Board of
11Education, in consultation with youth, parents, sexual health
12and violence prevention experts, health care providers,
13advocates, and education practitioners, including, but not
14limited to, administrators, regional superintendents of
15schools, teachers, and school support personnel, shall develop
16and adopt rigorous learning standards in the area of
17comprehensive personal health and safety education for pupils
18in kindergarten through the 5th grade and comprehensive sexual
19health education for pupils in the 6th through 12th grades,
20including, but not limited to, all of the National Sex
21Education Standards, including information on consent and
22healthy relationships, anatomy and physiology, puberty and
23adolescent sexual development, gender identity and expression,
24sexual orientation and identity, sexual health, and
25interpersonal violence, as authored by the Future of Sex
26Education Initiative. As the National Sex Education Standards

 

 

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1are updated, the State Board of Education shall update these
2learning standards.
3    (g) By no later than August 1, 2022, the State Board of
4Education shall make available resource materials developed in
5consultation with stakeholders, with the cooperation and input
6of experts that provide and entities that promote age and
7developmentally appropriate, medically accurate, complete,
8culturally appropriate, inclusive, and trauma-informed
9comprehensive personal health and safety and comprehensive
10sexual health education policy. Materials may include, without
11limitation, model comprehensive personal health and safety and
12comprehensive sexual health education resources and programs.
13The State Board of Education shall make these resource
14materials available on its Internet website, in a clearly
15identified and easily accessible place.
16    (h) Schools may choose and adapt the age and
17developmentally appropriate, medically accurate, complete,
18culturally appropriate, inclusive, and trauma-informed
19comprehensive personal health and safety and comprehensive
20sexual health education curriculum that meets the specific
21needs of their community. All instruction and materials,
22including materials provided or presented by outside
23consultants, community groups, or organizations, may not
24conflict with the provisions of this Section.
25    (i) The State Board of Education shall, through existing
26reporting mechanisms if available, direct each school district

 

 

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1to identify the following:
2        (1) if instruction on comprehensive personal health
3    and safety and comprehensive sexual health education is
4    provided;
5        (2) whether the instruction was provided by a teacher
6    in the school, a consultant, or a community group or
7    organization and specify the name of the outside
8    consultant, community group, or organization;
9        (3) the number of students receiving instruction;
10        (4) the number of students excused from instruction;
11    and
12        (5) the duration of instruction.
13    The State Board of Education shall report the results of
14this inquiry to the General Assembly annually, for a period of
155 years beginning one year after the effective date of this
16amendatory Act of the 102nd General Assembly.
 
17    (105 ILCS 5/27-9.1b new)
18    Sec. 27-9.1b. Consent education.
19    (a) In this Section:
20    "Age and developmentally appropriate" has the meaning
21ascribed to that term in Section 27-9.1a.
22    "Consent" has the meaning ascribed to that term in Section
2327-9.1a.
24    (b) A school district may provide age and developmentally
25appropriate consent education in kindergarten through the 12th

 

 

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1grade.
2        (1) In kindergarten through the 5th grade, instruction
3    and materials shall include age and developmentally
4    appropriate instruction on consent and how to give and
5    receive consent, including a discussion that includes, but
6    is not limited to, all of the following:
7            (A) Setting appropriate physical boundaries with
8        others.
9            (B) Respecting the physical boundaries of others.
10            (C) The right to refuse to engage in behaviors or
11        activities that are uncomfortable or unsafe.
12            (D) Dealing with unwanted physical contact.
13            (E) Helping a peer deal with unwanted physical
14        contact.
15        (2) In the 6th through 12th grades, instruction and
16    materials shall include age and developmentally
17    appropriate instruction on consent and how to give and
18    receive consent, including a discussion that includes, but
19    is not limited to, all of the following:
20            (A) That consent is a freely given agreement to
21        sexual activity.
22            (B) That consent to one particular sexual activity
23        does not constitute consent to other types of sexual
24        activities.
25            (C) That a person's lack of verbal or physical
26        resistance or submission resulting from the use or

 

 

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1        threat of force does not constitute consent.
2            (D) That a person's manner of dress does not
3        constitute consent.
4            (E) That a person's consent to past sexual
5        activity does not constitute consent to future sexual
6        activity.
7            (F) That a person's consent to engage in sexual
8        activity with one person does not constitute consent
9        to engage in sexual activity with another person.
10            (G) That a person can withdraw consent at any
11        time.
12            (H) That a person cannot consent to sexual
13        activity if that person is unable to understand the
14        nature of the activity or give knowing consent due to
15        certain circumstances that include, but are not
16        limited to:
17                (i) the person is incapacitated due to the use
18            or influence of alcohol or drugs;
19                (ii) the person is asleep or unconscious;
20                (iii) the person is a minor; or
21                (iv) the person is incapacitated due to a
22            mental disability.
23            (I) The legal age of consent in this State.
 
24    (105 ILCS 5/27A-5)
25    Sec. 27A-5. Charter school; legal entity; requirements.

 

 

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1    (a) A charter school shall be a public, nonsectarian,
2nonreligious, non-home based, and non-profit school. A charter
3school shall be organized and operated as a nonprofit
4corporation or other discrete, legal, nonprofit entity
5authorized under the laws of the State of Illinois.
6    (b) A charter school may be established under this Article
7by creating a new school or by converting an existing public
8school or attendance center to charter school status.
9Beginning on April 16, 2003 (the effective date of Public Act
1093-3), in all new applications to establish a charter school
11in a city having a population exceeding 500,000, operation of
12the charter school shall be limited to one campus. The changes
13made to this Section by Public Act 93-3 do not apply to charter
14schools existing or approved on or before April 16, 2003 (the
15effective date of Public Act 93-3).
16    (b-5) In this subsection (b-5), "virtual-schooling" means
17a cyber school where students engage in online curriculum and
18instruction via the Internet and electronic communication with
19their teachers at remote locations and with students
20participating at different times.
21    From April 1, 2013 through December 31, 2016, there is a
22moratorium on the establishment of charter schools with
23virtual-schooling components in school districts other than a
24school district organized under Article 34 of this Code. This
25moratorium does not apply to a charter school with
26virtual-schooling components existing or approved prior to

 

 

10200SB0818sam004- 20 -LRB102 04606 CMG 26671 a

1April 1, 2013 or to the renewal of the charter of a charter
2school with virtual-schooling components already approved
3prior to April 1, 2013.
4    (c) A charter school shall be administered and governed by
5its board of directors or other governing body in the manner
6provided in its charter. The governing body of a charter
7school shall be subject to the Freedom of Information Act and
8the Open Meetings Act. No later than January 1, 2021 (one year
9after the effective date of Public Act 101-291), a charter
10school's board of directors or other governing body must
11include at least one parent or guardian of a pupil currently
12enrolled in the charter school who may be selected through the
13charter school or a charter network election, appointment by
14the charter school's board of directors or other governing
15body, or by the charter school's Parent Teacher Organization
16or its equivalent.
17    (c-5) No later than January 1, 2021 (one year after the
18effective date of Public Act 101-291) or within the first year
19of his or her first term, every voting member of a charter
20school's board of directors or other governing body shall
21complete a minimum of 4 hours of professional development
22leadership training to ensure that each member has sufficient
23familiarity with the board's or governing body's role and
24responsibilities, including financial oversight and
25accountability of the school, evaluating the principal's and
26school's performance, adherence to the Freedom of Information

 

 

10200SB0818sam004- 21 -LRB102 04606 CMG 26671 a

1Act and the Open Meetings Act, and compliance with education
2and labor law. In each subsequent year of his or her term, a
3voting member of a charter school's board of directors or
4other governing body shall complete a minimum of 2 hours of
5professional development training in these same areas. The
6training under this subsection may be provided or certified by
7a statewide charter school membership association or may be
8provided or certified by other qualified providers approved by
9the State Board of Education.
10    (d) For purposes of this subsection (d), "non-curricular
11health and safety requirement" means any health and safety
12requirement created by statute or rule to provide, maintain,
13preserve, or safeguard safe or healthful conditions for
14students and school personnel or to eliminate, reduce, or
15prevent threats to the health and safety of students and
16school personnel. "Non-curricular health and safety
17requirement" does not include any course of study or
18specialized instructional requirement for which the State
19Board has established goals and learning standards or which is
20designed primarily to impart knowledge and skills for students
21to master and apply as an outcome of their education.
22    A charter school shall comply with all non-curricular
23health and safety requirements applicable to public schools
24under the laws of the State of Illinois. On or before September
251, 2015, the State Board shall promulgate and post on its
26Internet website a list of non-curricular health and safety

 

 

10200SB0818sam004- 22 -LRB102 04606 CMG 26671 a

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

 

 

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1990 the charter school filed that year with the federal
2Internal Revenue Service. In addition, if deemed necessary for
3proper financial oversight of the charter school, an
4authorizer may require quarterly financial statements from
5each charter school.
6    (g) A charter school shall comply with all provisions of
7this Article, the Illinois Educational Labor Relations Act,
8all federal and State laws and rules applicable to public
9schools that pertain to special education and the instruction
10of English learners, and its charter. A charter school is
11exempt from all other State laws and regulations in this Code
12governing public schools and local school board policies;
13however, a charter school is not exempt from the following:
14        (1) Sections 10-21.9 and 34-18.5 of this Code
15    regarding criminal history records checks and checks of
16    the Statewide Sex Offender Database and Statewide Murderer
17    and Violent Offender Against Youth Database of applicants
18    for employment;
19        (2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and
20    34-84a of this Code regarding discipline of students;
21        (3) the Local Governmental and Governmental Employees
22    Tort Immunity Act;
23        (4) Section 108.75 of the General Not For Profit
24    Corporation Act of 1986 regarding indemnification of
25    officers, directors, employees, and agents;
26        (5) the Abused and Neglected Child Reporting Act;

 

 

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1        (5.5) subsection (b) of Section 10-23.12 and
2    subsection (b) of Section 34-18.6 of this Code;
3        (6) the Illinois School Student Records Act;
4        (7) Section 10-17a of this Code regarding school
5    report cards;
6        (8) the P-20 Longitudinal Education Data System Act;
7        (9) Section 27-23.7 of this Code regarding bullying
8    prevention;
9        (10) Section 2-3.162 of this Code regarding student
10    discipline reporting;
11        (11) Sections 22-80 and 27-8.1 of this Code;
12        (12) Sections 10-20.60 and 34-18.53 of this Code;
13        (13) Sections 10-20.63 and 34-18.56 of this Code;
14        (14) Section 26-18 of this Code;
15        (15) Section 22-30 of this Code;
16        (16) Sections 24-12 and 34-85 of this Code;
17        (17) the Seizure Smart School Act; and
18        (18) Section 2-3.64a-10 of this Code; .
19        (19) Section 27-9.1a of this Code;
20        (20) Section 27-9.1b of this Code; and
21        (21) Section 34-18.8 of this Code.
22    The change made by Public Act 96-104 to this subsection
23(g) is declaratory of existing law.
24    (h) A charter school may negotiate and contract with a
25school district, the governing body of a State college or
26university or public community college, or any other public or

 

 

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

 

 

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1deemed available, as negotiated and provided in the charter
2agreement, in school district facilities. However, all other
3costs for the operation and maintenance of school district
4facilities that are used by the charter school shall be
5subject to negotiation between the charter school and the
6local school board and shall be set forth in the charter.
7    (j) A charter school may limit student enrollment by age
8or grade level.
9    (k) If the charter school is approved by the State Board or
10Commission, then the charter school is its own local education
11agency.
12(Source: P.A. 100-29, eff. 1-1-18; 100-156, eff. 1-1-18;
13100-163, eff. 1-1-18; 100-413, eff. 1-1-18; 100-468, eff.
146-1-18; 100-726, eff. 1-1-19; 100-863, eff. 8-14-18; 101-50,
15eff. 7-1-20; 101-81, eff. 7-12-19; 101-291, eff. 1-1-20;
16101-531, eff. 8-23-19; 101-543, eff. 8-23-19; 101-654, eff.
173-8-21.)
 
18    (105 ILCS 5/34-18.8)  (from Ch. 122, par. 34-18.8)
19    Sec. 34-18.8. HIV AIDS training. School guidance
20counselors, nurses, teachers, school social workers, and other
21school personnel who work with students shall pupils may be
22trained to have a basic knowledge of matters relating to human
23immunodeficiency virus (HIV) acquired immunodeficiency
24syndrome (AIDS), including the nature of the infection
25disease, its causes and effects, the means of detecting it and

 

 

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1preventing its transmission, the availability of appropriate
2sources of counseling and referral, and any other medically
3accurate information that is age and developmentally
4appropriate for may be appropriate considering the age and
5grade level of such students pupils. The Board of Education
6shall supervise such training. The State Board of Education
7and the Department of Public Health shall jointly develop
8standards for such training.
9(Source: P.A. 86-900.)
 
10    (105 ILCS 5/27-9.1 rep.)
11    (105 ILCS 5/27-9.2 rep.)
12    (105 ILCS 5/27-11 rep.)
13    Section 10. The School Code is amended by repealing
14Sections 27-9.1, 27-9.2, and 27-11.
 
15    Section 99. Effective date. This Act takes effect upon
16becoming law.".