Full Text of SB0605 102nd General Assembly
SB0605enr 102ND GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning education.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The School Code is amended by adding Section | 5 | | 22-90 and by changing Sections 26-13 and 27A-5 as follows: | 6 | | (105 ILCS 5/22-90 new) | 7 | | Sec. 22-90. Absenteeism and truancy policy. | 8 | | (a) Each school district, charter school, or alternative | 9 | | school or any school receiving public funds shall develop and | 10 | | communicate to its students and their parent or guardian, on | 11 | | an annual basis, an absenteeism and truancy policy, including | 12 | | at least the following elements: | 13 | | (1) A definition of a valid cause for absence in | 14 | | accordance with Section 26-2a of this Code. | 15 | | (2) A description of diagnostic procedures to be used | 16 | | for identifying the causes of unexcused student | 17 | | absenteeism, which shall, at a minimum, include interviews | 18 | | with the student, his or her parent or guardian, and any | 19 | | school officials who may have information about the | 20 | | reasons for the student's attendance problem. | 21 | | (3) The identification of supportive services to be | 22 | | made available to truant or chronically truant students. | 23 | | These services shall include, but need not be limited to, |
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| 1 | | parent conferences, student counseling, family counseling, | 2 | | and information about existing community services that are | 3 | | available to truant and chronically truant students and | 4 | | relevant to their needs. | 5 | | (4) Incorporation of the provisions relating to | 6 | | chronic absenteeism in accordance with Section 26-18 of | 7 | | this Code. | 8 | | (b) The absenteeism and truancy policy must be updated | 9 | | every 2 years and filed with the State Board of Education and | 10 | | the regional superintendent of schools.
| 11 | | (105 ILCS 5/26-13) (from Ch. 122, par. 26-13)
| 12 | | Sec. 26-13. Absenteeism and truancy policies. School | 13 | | districts shall
adopt policies, consistent with rules adopted | 14 | | by the State Board of
Education and Section 22-90 , which | 15 | | identify the appropriate supportive services and available
| 16 | | resources which are provided for truants and chronic truants.
| 17 | | (Source: P.A. 84-1420.)
| 18 | | (105 ILCS 5/27A-5)
| 19 | | Sec. 27A-5. Charter school; legal entity; requirements.
| 20 | | (a) A charter school shall be a public, nonsectarian, | 21 | | nonreligious, non-home
based, and non-profit school. A charter | 22 | | school shall be organized and operated
as a nonprofit | 23 | | corporation or other discrete, legal, nonprofit entity
| 24 | | authorized under the laws of the State of Illinois.
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| 1 | | (b) A charter school may be established under this Article | 2 | | by creating a new
school or by converting an existing public | 3 | | school or attendance center to
charter
school status.
| 4 | | Beginning on April 16, 2003 (the effective date of Public Act | 5 | | 93-3), in all new
applications to establish
a charter
school | 6 | | in a city having a population exceeding 500,000, operation of | 7 | | the
charter
school shall be limited to one campus. The changes | 8 | | made to this Section by Public Act 93-3 do not apply to charter | 9 | | schools existing or approved on or before April 16, 2003 (the
| 10 | | effective date of Public Act 93-3). | 11 | | (b-5) In this subsection (b-5), "virtual-schooling" means | 12 | | a cyber school where students engage in online curriculum and | 13 | | instruction via the Internet and electronic communication with | 14 | | their teachers at remote locations and with students | 15 | | participating at different times. | 16 | | From April 1, 2013 through December 31, 2016, there is a | 17 | | moratorium on the establishment of charter schools with | 18 | | virtual-schooling components in school districts other than a | 19 | | school district organized under Article 34 of this Code. This | 20 | | moratorium does not apply to a charter school with | 21 | | virtual-schooling components existing or approved prior to | 22 | | April 1, 2013 or to the renewal of the charter of a charter | 23 | | school with virtual-schooling components already approved | 24 | | prior to April 1, 2013.
| 25 | | (c) A charter school shall be administered and governed by | 26 | | its board of
directors or other governing body
in the manner |
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| 1 | | provided in its charter. The governing body of a charter | 2 | | school
shall be subject to the Freedom of Information Act and | 3 | | the Open Meetings Act. No later than January 1, 2021 ( one year | 4 | | after the effective date of Public Act 101-291) this | 5 | | amendatory Act of the 101st General Assembly , a charter | 6 | | school's board of directors or other governing body must | 7 | | include at least one parent or guardian of a pupil currently | 8 | | enrolled in the charter school who may be selected through the | 9 | | charter school or a charter network election, appointment by | 10 | | the charter school's board of directors or other governing | 11 | | body, or by the charter school's Parent Teacher Organization | 12 | | or its equivalent. | 13 | | (c-5) No later than January 1, 2021 ( one year after the | 14 | | effective date of Public Act 101-291) this amendatory Act of | 15 | | the 101st General Assembly or within the first year of his or | 16 | | her first term, every voting member of a charter school's | 17 | | board of directors or other governing body shall complete a | 18 | | minimum of 4 hours of professional development leadership | 19 | | training to ensure that each member has sufficient familiarity | 20 | | with the board's or governing body's role and | 21 | | responsibilities, including financial oversight and | 22 | | accountability of the school, evaluating the principal's and | 23 | | school's performance, adherence to the Freedom of Information | 24 | | Act and the Open Meetings Act Acts , and compliance with | 25 | | education and labor law. In each subsequent year of his or her | 26 | | term, a voting member of a charter school's board of directors |
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| 1 | | or other governing body shall complete a minimum of 2 hours of | 2 | | professional development training in these same areas. The | 3 | | training under this subsection may be provided or certified by | 4 | | a statewide charter school membership association or may be | 5 | | provided or certified by other qualified providers approved by | 6 | | the State Board of Education.
| 7 | | (d) For purposes of this subsection (d), "non-curricular | 8 | | health and safety requirement" means any health and safety | 9 | | requirement created by statute or rule to provide, maintain, | 10 | | preserve, or safeguard safe or healthful conditions for | 11 | | students and school personnel or to eliminate, reduce, or | 12 | | prevent threats to the health and safety of students and | 13 | | school personnel. "Non-curricular health and safety | 14 | | requirement" does not include any course of study or | 15 | | specialized instructional requirement for which the State | 16 | | Board has established goals and learning standards or which is | 17 | | designed primarily to impart knowledge and skills for students | 18 | | to master and apply as an outcome of their education. | 19 | | A charter school shall comply with all non-curricular | 20 | | health and safety
requirements applicable to public schools | 21 | | under the laws of the State of
Illinois. On or before September | 22 | | 1, 2015, the State Board shall promulgate and post on its | 23 | | Internet website a list of non-curricular health and safety | 24 | | requirements that a charter school must meet. The list shall | 25 | | be updated annually no later than September 1. Any charter | 26 | | contract between a charter school and its authorizer must |
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| 1 | | contain a provision that requires the charter school to follow | 2 | | the list of all non-curricular health and safety requirements | 3 | | promulgated by the State Board and any non-curricular health | 4 | | and safety requirements added by the State Board to such list | 5 | | during the term of the charter. Nothing in this subsection (d) | 6 | | precludes an authorizer from including non-curricular health | 7 | | and safety requirements in a charter school contract that are | 8 | | not contained in the list promulgated by the State Board, | 9 | | including non-curricular health and safety requirements of the | 10 | | authorizing local school board.
| 11 | | (e) Except as otherwise provided in the School Code, a | 12 | | charter school shall
not charge tuition; provided that a | 13 | | charter school may charge reasonable fees
for textbooks, | 14 | | instructional materials, and student activities.
| 15 | | (f) A charter school shall be responsible for the | 16 | | management and operation
of its fiscal affairs including,
but | 17 | | not limited to, the preparation of its budget. An audit of each | 18 | | charter
school's finances shall be conducted annually by an | 19 | | outside, independent
contractor retained by the charter | 20 | | school. To ensure financial accountability for the use of | 21 | | public funds, on or before December 1 of every year of | 22 | | operation, each charter school shall submit to its authorizer | 23 | | and the State Board a copy of its audit and a copy of the Form | 24 | | 990 the charter school filed that year with the federal | 25 | | Internal Revenue Service. In addition, if deemed necessary for | 26 | | proper financial oversight of the charter school, an |
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| 1 | | authorizer may require quarterly financial statements from | 2 | | each charter school.
| 3 | | (g) A charter school shall comply with all provisions of | 4 | | this Article, the Illinois Educational Labor Relations Act, | 5 | | all federal and State laws and rules applicable to public | 6 | | schools that pertain to special education and the instruction | 7 | | of English learners, and
its charter. A charter
school is | 8 | | exempt from all other State laws and regulations in this Code
| 9 | | governing public
schools and local school board policies; | 10 | | however, a charter school is not exempt from the following:
| 11 | | (1) Sections 10-21.9 and 34-18.5 of this Code | 12 | | regarding criminal
history records checks and checks of | 13 | | the Statewide Sex Offender Database and Statewide Murderer | 14 | | and Violent Offender Against Youth Database of applicants | 15 | | for employment;
| 16 | | (2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and | 17 | | 34-84a of this Code regarding discipline of
students;
| 18 | | (3) the Local Governmental and Governmental Employees | 19 | | Tort Immunity Act;
| 20 | | (4) Section 108.75 of the General Not For Profit | 21 | | Corporation Act of 1986
regarding indemnification of | 22 | | officers, directors, employees, and agents;
| 23 | | (5) the Abused and Neglected Child Reporting Act;
| 24 | | (5.5) subsection (b) of Section 10-23.12 and | 25 | | subsection (b) of Section 34-18.6 of this Code; | 26 | | (6) the Illinois School Student Records Act;
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| 1 | | (7) Section 10-17a of this Code regarding school | 2 | | report cards;
| 3 | | (8) the P-20 Longitudinal Education Data System Act; | 4 | | (9) Section 27-23.7 of this Code regarding bullying | 5 | | prevention; | 6 | | (10) Section 2-3.162 of this Code regarding student | 7 | | discipline reporting; | 8 | | (11) Sections 22-80 and 27-8.1 of this Code; | 9 | | (12) Sections 10-20.60 and 34-18.53 of this Code; | 10 | | (13) Sections 10-20.63 and 34-18.56 of this Code; | 11 | | (14) Sections 22-90 and Section 26-18 of this Code; | 12 | | (15) Section 22-30 of this Code; and | 13 | | (16) Sections 24-12 and 34-85 of this Code ; and . | 14 | | (17) the (16) The Seizure Smart School Act. | 15 | | The change made by Public Act 96-104 to this subsection | 16 | | (g) is declaratory of existing law. | 17 | | (h) A charter school may negotiate and contract with a | 18 | | school district, the
governing body of a State college or | 19 | | university or public community college, or
any other public or | 20 | | for-profit or nonprofit private entity for: (i) the use
of a | 21 | | school building and grounds or any other real property or | 22 | | facilities that
the charter school desires to use or convert | 23 | | for use as a charter school site,
(ii) the operation and | 24 | | maintenance thereof, and
(iii) the provision of any service, | 25 | | activity, or undertaking that the charter
school is required | 26 | | to perform in order to carry out the terms of its charter.
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| 1 | | However, a charter school
that is established on
or
after | 2 | | April 16, 2003 (the effective date of Public Act 93-3) and that | 3 | | operates
in a city having a population exceeding
500,000 may | 4 | | not contract with a for-profit entity to
manage or operate the | 5 | | school during the period that commences on April 16, 2003 (the
| 6 | | effective date of Public Act 93-3) and
concludes at the end of | 7 | | the 2004-2005 school year.
Except as provided in subsection | 8 | | (i) of this Section, a school district may
charge a charter | 9 | | school reasonable rent for the use of the district's
| 10 | | buildings, grounds, and facilities. Any services for which a | 11 | | charter school
contracts
with a school district shall be | 12 | | provided by the district at cost. Any services
for which a | 13 | | charter school contracts with a local school board or with the
| 14 | | governing body of a State college or university or public | 15 | | community college
shall be provided by the public entity at | 16 | | cost.
| 17 | | (i) In no event shall a charter school that is established | 18 | | by converting an
existing school or attendance center to | 19 | | charter school status be required to
pay rent for space
that is | 20 | | deemed available, as negotiated and provided in the charter | 21 | | agreement,
in school district
facilities. However, all other | 22 | | costs for the operation and maintenance of
school district | 23 | | facilities that are used by the charter school shall be | 24 | | subject
to negotiation between
the charter school and the | 25 | | local school board and shall be set forth in the
charter.
| 26 | | (j) A charter school may limit student enrollment by age |
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| 1 | | or grade level.
| 2 | | (k) If the charter school is approved by the State Board or | 3 | | Commission, then the charter school is its own local education | 4 | | agency. | 5 | | (Source: P.A. 100-29, eff. 1-1-18; 100-156, eff. 1-1-18; | 6 | | 100-163, eff. 1-1-18; 100-413, eff. 1-1-18; 100-468, eff. | 7 | | 6-1-18; 100-726, eff. 1-1-19; 100-863, eff. 8-14-18; 101-50, | 8 | | eff. 7-1-20; 101-81, eff. 7-12-19; 101-291, eff. 1-1-20; | 9 | | 101-531, eff. 8-23-19; 101-543, eff. 8-23-19; revised 8-4-20.)
| 10 | | Section 99. Effective date. This Act takes effect July 1, | 11 | | 2022.
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