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Public Act 102-0805 | ||||
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AN ACT concerning education.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The School Code is amended by changing Sections | ||||
1-3, 10-20.13, 27A-5, 28-19.2, and 34-21.6 as follows:
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(105 ILCS 5/1-3) (from Ch. 122, par. 1-3)
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Sec. 1-3. Definitions. In this Code:
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The terms "common schools", "free schools" and "public | ||||
schools" are used
interchangeably to apply to any school | ||||
operated by authority of this Act.
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"School board" means the governing body of any district | ||||
created or
operating under authority of this Code, including | ||||
board of school directors
and board of education. When the | ||||
context so indicates it also means the
governing body of any | ||||
non-high school district and of any special charter
district, | ||||
including a board of school inspectors. | ||||
"School fees" or "fees" means any monetary charge | ||||
collected by a public school, public school district, or | ||||
charter school from a student or the parents or guardian of a | ||||
student as a prerequisite for the student's participation in | ||||
any curricular or extracurricular program of the school or | ||||
school district as defined under paragraphs (1) and (2) of | ||||
subsection (a) of Section 1.245 of Title 23 of the Illinois |
Administrative Code.
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"Special charter district" means any city, township, or | ||
district
organized into a school district, under a special Act | ||
or charter of the
General Assembly or in which schools are now | ||
managed and operating within
such unit in whole or in part | ||
under the terms of such special Act or
charter.
| ||
(Source: P.A. 102-687, eff. 12-17-21.)
| ||
(105 ILCS 5/10-20.13) (from Ch. 122, par. 10-20.13)
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Sec. 10-20.13. Textbooks for children of parents unable to | ||
buy them
and other fees and fines . | ||
(a) To purchase, at the
expense of the district, a | ||
sufficient number of
textbooks for children whose parents are | ||
unable to buy them, including
but not limited to children | ||
living in households that meet the free lunch or breakfast | ||
eligibility guidelines established by the federal government | ||
pursuant to Section 1758 of the federal Richard B. Russell | ||
National School Lunch Act (42 U.S.C. 1758; 7 C.F.R. 245 et | ||
seq.) and homeless children and youth as defined in Section | ||
11434a of the federal McKinney-Vento Homeless Assistance Act | ||
(42 U.S.C. 11434a) , subject to verification as set forth in | ||
subsection (c) of this Section. Such textbooks
shall be loaned | ||
only, and the directors shall require the teacher to see
that | ||
they are properly cared for and returned at the end of each | ||
term of
school.
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(b) To waive all fees and any fines for the loss of school |
property assessed by the district on children whose parents
| ||
are unable to afford them, including but not limited to : | ||
(1) children living in households that meet the free | ||
lunch or breakfast eligibility guidelines established by | ||
the federal government pursuant to Section 1758 of the | ||
federal Richard B. Russell National School Lunch Act (42 | ||
U.S.C. 1758; 7 C.F.R. 245 et seq.), subject to | ||
verification as set forth in subsection (c) of this | ||
Section , and | ||
(2)homeless children and youth as defined in Section | ||
11434a of the federal McKinney-Vento Homeless Assistance | ||
Act (42 U.S.C. 11434a). | ||
Notice of waiver availability shall be given to parents or | ||
guardians with every bill for fees or fines .
The school board
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shall adopt written policies and procedures for such waiver of | ||
fees in
accordance with regulations promulgated by the State | ||
Board of Education.
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(c) Any school board that participates in a federally | ||
funded, school-based child nutrition program and uses a | ||
student's application for, eligibility for, or participation | ||
in the federally funded, school-based child nutrition program | ||
(42 U.S.C. 1758; 7 C.F.R. 245 et seq.) as the basis for waiving | ||
fees assessed by the school district must follow the | ||
verification requirements of the federally funded, | ||
school-based child nutrition program (42 U.S.C. 1758; 7 C.F.R. | ||
245.6a). |
A school board that establishes a process for the | ||
determination of eligibility for waiver of fees assessed by | ||
the school district that is completely independent of a | ||
student's application for, eligibility for, or participation | ||
in a federally funded, school-based child nutrition program | ||
may provide for fee waiver verification no more often than | ||
once per academic year every 60 calendar days . Information | ||
obtained during the independent, fee waiver verification | ||
process indicating that the student does not meet free lunch | ||
or breakfast eligibility guidelines may be used to deny the | ||
waiver of the student's fees or fines for the loss of school | ||
property , provided that any information obtained through this | ||
independent process for determining or verifying eligibility | ||
for fee waivers shall not be used to determine or verify | ||
eligibility for any federally funded, school-based child | ||
nutrition program. This subsection shall not preclude children | ||
from obtaining waivers at any point during the academic year. | ||
(Source: P.A. 96-360, eff. 9-1-09.)
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(105 ILCS 5/27A-5)
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(Text of Section before amendment by P.A. 102-157 and P.A. | ||
102-466 ) | ||
Sec. 27A-5. Charter school; legal entity; requirements.
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(a) A charter school shall be a public, nonsectarian, | ||
nonreligious, non-home
based, and non-profit school. A charter | ||
school shall be organized and operated
as a nonprofit |
corporation or other discrete, legal, nonprofit entity
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authorized under the laws of the State of Illinois.
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(b) A charter school may be established under this Article | ||
by creating a new
school or by converting an existing public | ||
school or attendance center to
charter
school status.
| ||
Beginning on April 16, 2003 (the effective date of Public Act | ||
93-3), in all new
applications to establish
a charter
school | ||
in a city having a population exceeding 500,000, operation of | ||
the
charter
school shall be limited to one campus. The changes | ||
made to this Section by Public Act 93-3 do not apply to charter | ||
schools existing or approved on or before April 16, 2003 (the
| ||
effective date of Public Act 93-3). | ||
(b-5) In this subsection (b-5), "virtual-schooling" means | ||
a cyber school where students engage in online curriculum and | ||
instruction via the Internet and electronic communication with | ||
their teachers at remote locations and with students | ||
participating at different times. | ||
From April 1, 2013 through December 31, 2016, there is a | ||
moratorium on the establishment of charter schools with | ||
virtual-schooling components in school districts other than a | ||
school district organized under Article 34 of this Code. This | ||
moratorium does not apply to a charter school with | ||
virtual-schooling components existing or approved prior to | ||
April 1, 2013 or to the renewal of the charter of a charter | ||
school with virtual-schooling components already approved | ||
prior to April 1, 2013.
|
(c) A charter school shall be administered and governed by | ||
its board of
directors or other governing body
in the manner | ||
provided in its charter. The governing body of a charter | ||
school
shall be subject to the Freedom of Information Act and | ||
the Open Meetings Act. No later than January 1, 2021 (one year | ||
after the effective date of Public Act 101-291), a charter | ||
school's board of directors or other governing body must | ||
include at least one parent or guardian of a pupil currently | ||
enrolled in the charter school who may be selected through the | ||
charter school or a charter network election, appointment by | ||
the charter school's board of directors or other governing | ||
body, or by the charter school's Parent Teacher Organization | ||
or its equivalent. | ||
(c-5) No later than January 1, 2021 (one year after the | ||
effective date of Public Act 101-291) or within the first year | ||
of his or her first term, every voting member of a charter | ||
school's board of directors or other governing body shall | ||
complete a minimum of 4 hours of professional development | ||
leadership training to ensure that each member has sufficient | ||
familiarity with the board's or governing body's role and | ||
responsibilities, including financial oversight and | ||
accountability of the school, evaluating the principal's and | ||
school's performance, adherence to the Freedom of Information | ||
Act and the Open Meetings Act, and compliance with education | ||
and labor law. In each subsequent year of his or her term, a | ||
voting member of a charter school's board of directors or |
other governing body shall complete a minimum of 2 hours of | ||
professional development training in these same areas. The | ||
training under this subsection may be provided or certified by | ||
a statewide charter school membership association or may be | ||
provided or certified by other qualified providers approved by | ||
the State Board of Education.
| ||
(d) For purposes of this subsection (d), "non-curricular | ||
health and safety requirement" means any health and safety | ||
requirement created by statute or rule to provide, maintain, | ||
preserve, or safeguard safe or healthful conditions for | ||
students and school personnel or to eliminate, reduce, or | ||
prevent threats to the health and safety of students and | ||
school personnel. "Non-curricular health and safety | ||
requirement" does not include any course of study or | ||
specialized instructional requirement for which the State | ||
Board has established goals and learning standards or which is | ||
designed primarily to impart knowledge and skills for students | ||
to master and apply as an outcome of their education. | ||
A charter school shall comply with all non-curricular | ||
health and safety
requirements applicable to public schools | ||
under the laws of the State of
Illinois. On or before September | ||
1, 2015, the State Board shall promulgate and post on its | ||
Internet website a list of non-curricular health and safety | ||
requirements that a charter school must meet. The list shall | ||
be updated annually no later than September 1. Any charter | ||
contract between a charter school and its authorizer must |
contain a provision that requires the charter school to follow | ||
the list of all non-curricular health and safety requirements | ||
promulgated by the State Board and any non-curricular health | ||
and safety requirements added by the State Board to such list | ||
during the term of the charter. Nothing in this subsection (d) | ||
precludes an authorizer from including non-curricular health | ||
and safety requirements in a charter school contract that are | ||
not contained in the list promulgated by the State Board, | ||
including non-curricular health and safety requirements of the | ||
authorizing local school board.
| ||
(e) Except as otherwise provided in the School Code, a | ||
charter school shall
not charge tuition; provided that a | ||
charter school may charge reasonable fees
for textbooks, | ||
instructional materials, and student activities.
| ||
(f) A charter school shall be responsible for the | ||
management and operation
of its fiscal affairs, including,
but | ||
not limited to, the preparation of its budget. An audit of each | ||
charter
school's finances shall be conducted annually by an | ||
outside, independent
contractor retained by the charter | ||
school. The contractor shall not be an employee of the charter | ||
school or affiliated with the charter school or its authorizer | ||
in any way, other than to audit the charter school's finances. | ||
To ensure financial accountability for the use of public | ||
funds, on or before December 1 of every year of operation, each | ||
charter school shall submit to its authorizer and the State | ||
Board a copy of its audit and a copy of the Form 990 the |
charter school filed that year with the federal Internal | ||
Revenue Service. In addition, if deemed necessary for proper | ||
financial oversight of the charter school, an authorizer may | ||
require quarterly financial statements from each charter | ||
school.
| ||
(g) A charter school shall comply with all provisions of | ||
this Article, the Illinois Educational Labor Relations Act, | ||
all federal and State laws and rules applicable to public | ||
schools that pertain to special education and the instruction | ||
of English learners, and
its charter. A charter
school is | ||
exempt from all other State laws and regulations in this Code
| ||
governing public
schools and local school board policies; | ||
however, a charter school is not exempt from the following:
| ||
(1) Sections 10-21.9 and 34-18.5 of this Code | ||
regarding criminal
history records checks and checks of | ||
the Statewide Sex Offender Database and Statewide Murderer | ||
and Violent Offender Against Youth Database of applicants | ||
for employment;
| ||
(2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and | ||
34-84a of this Code regarding discipline of
students;
| ||
(3) the Local Governmental and Governmental Employees | ||
Tort Immunity Act;
| ||
(4) Section 108.75 of the General Not For Profit | ||
Corporation Act of 1986
regarding indemnification of | ||
officers, directors, employees, and agents;
| ||
(5) the Abused and Neglected Child Reporting Act;
|
(5.5) subsection (b) of Section 10-23.12 and | ||
subsection (b) of Section 34-18.6 of this Code; | ||
(6) the Illinois School Student Records Act;
| ||
(7) Section 10-17a of this Code regarding school | ||
report cards;
| ||
(8) the P-20 Longitudinal Education Data System Act; | ||
(9) Section 27-23.7 of this Code regarding bullying | ||
prevention; | ||
(10) Section 2-3.162 of this Code regarding student | ||
discipline reporting; | ||
(11) Sections 22-80 and 27-8.1 of this Code; | ||
(12) Sections 10-20.60 and 34-18.53 of this Code; | ||
(13) Sections 10-20.63 and 34-18.56 of this Code; | ||
(14) Section 26-18 of this Code; | ||
(15) Section 22-30 of this Code; | ||
(16) Sections 24-12 and 34-85 of this Code; and | ||
(17) the Seizure Smart School Act; | ||
(18) Section 2-3.64a-10 of this Code; and | ||
(19) (18) Sections 10-20.73 and 34-21.9 of this Code ; . | ||
(20) (19) Section 10-22.25b of this Code ; . | ||
(21) (19) Section 27-9.1a of this Code; | ||
(22) (20) Section 27-9.1b of this Code; and | ||
(23) (21) Section 34-18.8 of this Code ; . | ||
(25) (19) Section 2-3.188 of this Code; and | ||
(26) (20) Section 22-85.5 of this Code ; . | ||
(27) Section 10-20.13 of this Code; |
(28) Section 28-19.2 of this Code; and | ||
(29) Section 34-21.6 of this Code. | ||
The change made by Public Act 96-104 to this subsection | ||
(g) is declaratory of existing law. | ||
(h) A charter school may negotiate and contract with a | ||
school district, the
governing body of a State college or | ||
university or public community college, or
any other public or | ||
for-profit or nonprofit private entity for: (i) the use
of a | ||
school building and grounds or any other real property or | ||
facilities that
the charter school desires to use or convert | ||
for use as a charter school site,
(ii) the operation and | ||
maintenance thereof, and
(iii) the provision of any service, | ||
activity, or undertaking that the charter
school is required | ||
to perform in order to carry out the terms of its charter.
| ||
However, a charter school
that is established on
or
after | ||
April 16, 2003 (the effective date of Public Act 93-3) and that | ||
operates
in a city having a population exceeding
500,000 may | ||
not contract with a for-profit entity to
manage or operate the | ||
school during the period that commences on April 16, 2003 (the
| ||
effective date of Public Act 93-3) and
concludes at the end of | ||
the 2004-2005 school year.
Except as provided in subsection | ||
(i) of this Section, a school district may
charge a charter | ||
school reasonable rent for the use of the district's
| ||
buildings, grounds, and facilities. Any services for which a | ||
charter school
contracts
with a school district shall be | ||
provided by the district at cost. Any services
for which a |
charter school contracts with a local school board or with the
| ||
governing body of a State college or university or public | ||
community college
shall be provided by the public entity at | ||
cost.
| ||
(i) In no event shall a charter school that is established | ||
by converting an
existing school or attendance center to | ||
charter school status be required to
pay rent for space
that is | ||
deemed available, as negotiated and provided in the charter | ||
agreement,
in school district
facilities. However, all other | ||
costs for the operation and maintenance of
school district | ||
facilities that are used by the charter school shall be | ||
subject
to negotiation between
the charter school and the | ||
local school board and shall be set forth in the
charter.
| ||
(j) A charter school may limit student enrollment by age | ||
or grade level.
| ||
(k) If the charter school is approved by the State Board or | ||
Commission, then the charter school is its own local education | ||
agency. | ||
(Source: P.A. 101-50, eff. 7-1-20; 101-81, eff. 7-12-19; | ||
101-291, eff. 1-1-20; 101-531, eff. 8-23-19; 101-543, eff. | ||
8-23-19; 101-654, eff. 3-8-21; 102-51, eff. 7-9-21; 102-360, | ||
eff. 1-1-22; 102-445, eff. 8-20-21; 102-522, eff. 8-20-21; | ||
102-558, eff. 8-20-21; 102-676, eff. 12-3-21; revised | ||
12-21-21.) | ||
(Text of Section after amendment by P.A. 102-157 but |
before amendment by P.A. 102-466 )
| ||
Sec. 27A-5. Charter school; legal entity; requirements.
| ||
(a) A charter school shall be a public, nonsectarian, | ||
nonreligious, non-home
based, and non-profit school. A charter | ||
school shall be organized and operated
as a nonprofit | ||
corporation or other discrete, legal, nonprofit entity
| ||
authorized under the laws of the State of Illinois.
| ||
(b) A charter school may be established under this Article | ||
by creating a new
school or by converting an existing public | ||
school or attendance center to
charter
school status.
| ||
Beginning on April 16, 2003 (the effective date of Public Act | ||
93-3), in all new
applications to establish
a charter
school | ||
in a city having a population exceeding 500,000, operation of | ||
the
charter
school shall be limited to one campus. The changes | ||
made to this Section by Public Act 93-3 do not apply to charter | ||
schools existing or approved on or before April 16, 2003 (the
| ||
effective date of Public Act 93-3). | ||
(b-5) In this subsection (b-5), "virtual-schooling" means | ||
a cyber school where students engage in online curriculum and | ||
instruction via the Internet and electronic communication with | ||
their teachers at remote locations and with students | ||
participating at different times. | ||
From April 1, 2013 through December 31, 2016, there is a | ||
moratorium on the establishment of charter schools with | ||
virtual-schooling components in school districts other than a | ||
school district organized under Article 34 of this Code. This |
moratorium does not apply to a charter school with | ||
virtual-schooling components existing or approved prior to | ||
April 1, 2013 or to the renewal of the charter of a charter | ||
school with virtual-schooling components already approved | ||
prior to April 1, 2013.
| ||
(c) A charter school shall be administered and governed by | ||
its board of
directors or other governing body
in the manner | ||
provided in its charter. The governing body of a charter | ||
school
shall be subject to the Freedom of Information Act and | ||
the Open Meetings Act. No later than January 1, 2021 (one year | ||
after the effective date of Public Act 101-291), a charter | ||
school's board of directors or other governing body must | ||
include at least one parent or guardian of a pupil currently | ||
enrolled in the charter school who may be selected through the | ||
charter school or a charter network election, appointment by | ||
the charter school's board of directors or other governing | ||
body, or by the charter school's Parent Teacher Organization | ||
or its equivalent. | ||
(c-5) No later than January 1, 2021 (one year after the | ||
effective date of Public Act 101-291) or within the first year | ||
of his or her first term, every voting member of a charter | ||
school's board of directors or other governing body shall | ||
complete a minimum of 4 hours of professional development | ||
leadership training to ensure that each member has sufficient | ||
familiarity with the board's or governing body's role and | ||
responsibilities, including financial oversight and |
accountability of the school, evaluating the principal's and | ||
school's performance, adherence to the Freedom of Information | ||
Act and the Open Meetings Act, and compliance with education | ||
and labor law. In each subsequent year of his or her term, a | ||
voting member of a charter school's board of directors or | ||
other governing body shall complete a minimum of 2 hours of | ||
professional development training in these same areas. The | ||
training under this subsection may be provided or certified by | ||
a statewide charter school membership association or may be | ||
provided or certified by other qualified providers approved by | ||
the State Board of Education.
| ||
(d) For purposes of this subsection (d), "non-curricular | ||
health and safety requirement" means any health and safety | ||
requirement created by statute or rule to provide, maintain, | ||
preserve, or safeguard safe or healthful conditions for | ||
students and school personnel or to eliminate, reduce, or | ||
prevent threats to the health and safety of students and | ||
school personnel. "Non-curricular health and safety | ||
requirement" does not include any course of study or | ||
specialized instructional requirement for which the State | ||
Board has established goals and learning standards or which is | ||
designed primarily to impart knowledge and skills for students | ||
to master and apply as an outcome of their education. | ||
A charter school shall comply with all non-curricular | ||
health and safety
requirements applicable to public schools | ||
under the laws of the State of
Illinois. On or before September |
1, 2015, the State Board shall promulgate and post on its | ||
Internet website a list of non-curricular health and safety | ||
requirements that a charter school must meet. The list shall | ||
be updated annually no later than September 1. Any charter | ||
contract between a charter school and its authorizer must | ||
contain a provision that requires the charter school to follow | ||
the list of all non-curricular health and safety requirements | ||
promulgated by the State Board and any non-curricular health | ||
and safety requirements added by the State Board to such list | ||
during the term of the charter. Nothing in this subsection (d) | ||
precludes an authorizer from including non-curricular health | ||
and safety requirements in a charter school contract that are | ||
not contained in the list promulgated by the State Board, | ||
including non-curricular health and safety requirements of the | ||
authorizing local school board.
| ||
(e) Except as otherwise provided in the School Code, a | ||
charter school shall
not charge tuition; provided that a | ||
charter school may charge reasonable fees
for textbooks, | ||
instructional materials, and student activities.
| ||
(f) A charter school shall be responsible for the | ||
management and operation
of its fiscal affairs, including,
but | ||
not limited to, the preparation of its budget. An audit of each | ||
charter
school's finances shall be conducted annually by an | ||
outside, independent
contractor retained by the charter | ||
school. The contractor shall not be an employee of the charter | ||
school or affiliated with the charter school or its authorizer |
in any way, other than to audit the charter school's finances. | ||
To ensure financial accountability for the use of public | ||
funds, on or before December 1 of every year of operation, each | ||
charter school shall submit to its authorizer and the State | ||
Board a copy of its audit and a copy of the Form 990 the | ||
charter school filed that year with the federal Internal | ||
Revenue Service. In addition, if deemed necessary for proper | ||
financial oversight of the charter school, an authorizer may | ||
require quarterly financial statements from each charter | ||
school.
| ||
(g) A charter school shall comply with all provisions of | ||
this Article, the Illinois Educational Labor Relations Act, | ||
all federal and State laws and rules applicable to public | ||
schools that pertain to special education and the instruction | ||
of English learners, and
its charter. A charter
school is | ||
exempt from all other State laws and regulations in this Code
| ||
governing public
schools and local school board policies; | ||
however, a charter school is not exempt from the following:
| ||
(1) Sections 10-21.9 and 34-18.5 of this Code | ||
regarding criminal
history records checks and checks of | ||
the Statewide Sex Offender Database and Statewide Murderer | ||
and Violent Offender Against Youth Database of applicants | ||
for employment;
| ||
(2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and | ||
34-84a of this Code regarding discipline of
students;
| ||
(3) the Local Governmental and Governmental Employees |
Tort Immunity Act;
| ||
(4) Section 108.75 of the General Not For Profit | ||
Corporation Act of 1986
regarding indemnification of | ||
officers, directors, employees, and agents;
| ||
(5) the Abused and Neglected Child Reporting Act;
| ||
(5.5) subsection (b) of Section 10-23.12 and | ||
subsection (b) of Section 34-18.6 of this Code; | ||
(6) the Illinois School Student Records Act;
| ||
(7) Section 10-17a of this Code regarding school | ||
report cards;
| ||
(8) the P-20 Longitudinal Education Data System Act; | ||
(9) Section 27-23.7 of this Code regarding bullying | ||
prevention; | ||
(10) Section 2-3.162 of this Code regarding student | ||
discipline reporting; | ||
(11) Sections 22-80 and 27-8.1 of this Code; | ||
(12) Sections 10-20.60 and 34-18.53 of this Code; | ||
(13) Sections 10-20.63 and 34-18.56 of this Code; | ||
(14) Sections 22-90 and 26-18 of this Code; | ||
(15) Section 22-30 of this Code; | ||
(16) Sections 24-12 and 34-85 of this Code; and | ||
(17) the Seizure Smart School Act; | ||
(18) Section 2-3.64a-10 of this Code; and | ||
(19) (18) Sections 10-20.73 and 34-21.9 of this Code ; . | ||
(20) (19) Section 10-22.25b of this Code ; . | ||
(21) (19) Section 27-9.1a of this Code; |
(22) (20) Section 27-9.1b of this Code; and | ||
(23) (21) Section 34-18.8 of this Code ; . | ||
(25) (19) Section 2-3.188 of this Code; and | ||
(26) (20) Section 22-85.5 of this Code ; . | ||
(27) Section 10-20.13 of this Code; | ||
(28) Section 28-19.2 of this Code; and | ||
(29) Section 34-21.6 of this Code. | ||
The change made by Public Act 96-104 to this subsection | ||
(g) is declaratory of existing law. | ||
(h) A charter school may negotiate and contract with a | ||
school district, the
governing body of a State college or | ||
university or public community college, or
any other public or | ||
for-profit or nonprofit private entity for: (i) the use
of a | ||
school building and grounds or any other real property or | ||
facilities that
the charter school desires to use or convert | ||
for use as a charter school site,
(ii) the operation and | ||
maintenance thereof, and
(iii) the provision of any service, | ||
activity, or undertaking that the charter
school is required | ||
to perform in order to carry out the terms of its charter.
| ||
However, a charter school
that is established on
or
after | ||
April 16, 2003 (the effective date of Public Act 93-3) and that | ||
operates
in a city having a population exceeding
500,000 may | ||
not contract with a for-profit entity to
manage or operate the | ||
school during the period that commences on April 16, 2003 (the
| ||
effective date of Public Act 93-3) and
concludes at the end of | ||
the 2004-2005 school year.
Except as provided in subsection |
(i) of this Section, a school district may
charge a charter | ||
school reasonable rent for the use of the district's
| ||
buildings, grounds, and facilities. Any services for which a | ||
charter school
contracts
with a school district shall be | ||
provided by the district at cost. Any services
for which a | ||
charter school contracts with a local school board or with the
| ||
governing body of a State college or university or public | ||
community college
shall be provided by the public entity at | ||
cost.
| ||
(i) In no event shall a charter school that is established | ||
by converting an
existing school or attendance center to | ||
charter school status be required to
pay rent for space
that is | ||
deemed available, as negotiated and provided in the charter | ||
agreement,
in school district
facilities. However, all other | ||
costs for the operation and maintenance of
school district | ||
facilities that are used by the charter school shall be | ||
subject
to negotiation between
the charter school and the | ||
local school board and shall be set forth in the
charter.
| ||
(j) A charter school may limit student enrollment by age | ||
or grade level.
| ||
(k) If the charter school is approved by the State Board or | ||
Commission, then the charter school is its own local education | ||
agency. | ||
(Source: P.A. 101-50, eff. 7-1-20; 101-81, eff. 7-12-19; | ||
101-291, eff. 1-1-20; 101-531, eff. 8-23-19; 101-543, eff. | ||
8-23-19; 101-654, eff. 3-8-21; 102-51, eff. 7-9-21; 102-157, |
eff. 7-1-22; 102-360, eff. 1-1-22; 102-445, eff. 8-20-21; | ||
102-522, eff. 8-20-21; 102-558, eff. 8-20-21; 102-676, eff. | ||
12-3-21; revised 12-21-21.) | ||
(Text of Section after amendment by P.A. 102-466 ) | ||
Sec. 27A-5. Charter school; legal entity; requirements.
| ||
(a) A charter school shall be a public, nonsectarian, | ||
nonreligious, non-home
based, and non-profit school. A charter | ||
school shall be organized and operated
as a nonprofit | ||
corporation or other discrete, legal, nonprofit entity
| ||
authorized under the laws of the State of Illinois.
| ||
(b) A charter school may be established under this Article | ||
by creating a new
school or by converting an existing public | ||
school or attendance center to
charter
school status.
| ||
Beginning on April 16, 2003 (the effective date of Public Act | ||
93-3), in all new
applications to establish
a charter
school | ||
in a city having a population exceeding 500,000, operation of | ||
the
charter
school shall be limited to one campus. The changes | ||
made to this Section by Public Act 93-3 do not apply to charter | ||
schools existing or approved on or before April 16, 2003 (the
| ||
effective date of Public Act 93-3). | ||
(b-5) In this subsection (b-5), "virtual-schooling" means | ||
a cyber school where students engage in online curriculum and | ||
instruction via the Internet and electronic communication with | ||
their teachers at remote locations and with students | ||
participating at different times. |
From April 1, 2013 through December 31, 2016, there is a | ||
moratorium on the establishment of charter schools with | ||
virtual-schooling components in school districts other than a | ||
school district organized under Article 34 of this Code. This | ||
moratorium does not apply to a charter school with | ||
virtual-schooling components existing or approved prior to | ||
April 1, 2013 or to the renewal of the charter of a charter | ||
school with virtual-schooling components already approved | ||
prior to April 1, 2013.
| ||
(c) A charter school shall be administered and governed by | ||
its board of
directors or other governing body
in the manner | ||
provided in its charter. The governing body of a charter | ||
school
shall be subject to the Freedom of Information Act and | ||
the Open Meetings Act. No later than January 1, 2021 (one year | ||
after the effective date of Public Act 101-291), a charter | ||
school's board of directors or other governing body must | ||
include at least one parent or guardian of a pupil currently | ||
enrolled in the charter school who may be selected through the | ||
charter school or a charter network election, appointment by | ||
the charter school's board of directors or other governing | ||
body, or by the charter school's Parent Teacher Organization | ||
or its equivalent. | ||
(c-5) No later than January 1, 2021 (one year after the | ||
effective date of Public Act 101-291) or within the first year | ||
of his or her first term, every voting member of a charter | ||
school's board of directors or other governing body shall |
complete a minimum of 4 hours of professional development | ||
leadership training to ensure that each member has sufficient | ||
familiarity with the board's or governing body's role and | ||
responsibilities, including financial oversight and | ||
accountability of the school, evaluating the principal's and | ||
school's performance, adherence to the Freedom of Information | ||
Act and the Open Meetings Act, and compliance with education | ||
and labor law. In each subsequent year of his or her term, a | ||
voting member of a charter school's board of directors or | ||
other governing body shall complete a minimum of 2 hours of | ||
professional development training in these same areas. The | ||
training under this subsection may be provided or certified by | ||
a statewide charter school membership association or may be | ||
provided or certified by other qualified providers approved by | ||
the State Board of Education.
| ||
(d) For purposes of this subsection (d), "non-curricular | ||
health and safety requirement" means any health and safety | ||
requirement created by statute or rule to provide, maintain, | ||
preserve, or safeguard safe or healthful conditions for | ||
students and school personnel or to eliminate, reduce, or | ||
prevent threats to the health and safety of students and | ||
school personnel. "Non-curricular health and safety | ||
requirement" does not include any course of study or | ||
specialized instructional requirement for which the State | ||
Board has established goals and learning standards or which is | ||
designed primarily to impart knowledge and skills for students |
to master and apply as an outcome of their education. | ||
A charter school shall comply with all non-curricular | ||
health and safety
requirements applicable to public schools | ||
under the laws of the State of
Illinois. On or before September | ||
1, 2015, the State Board shall promulgate and post on its | ||
Internet website a list of non-curricular health and safety | ||
requirements that a charter school must meet. The list shall | ||
be updated annually no later than September 1. Any charter | ||
contract between a charter school and its authorizer must | ||
contain a provision that requires the charter school to follow | ||
the list of all non-curricular health and safety requirements | ||
promulgated by the State Board and any non-curricular health | ||
and safety requirements added by the State Board to such list | ||
during the term of the charter. Nothing in this subsection (d) | ||
precludes an authorizer from including non-curricular health | ||
and safety requirements in a charter school contract that are | ||
not contained in the list promulgated by the State Board, | ||
including non-curricular health and safety requirements of the | ||
authorizing local school board.
| ||
(e) Except as otherwise provided in the School Code, a | ||
charter school shall
not charge tuition; provided that a | ||
charter school may charge reasonable fees
for textbooks, | ||
instructional materials, and student activities.
| ||
(f) A charter school shall be responsible for the | ||
management and operation
of its fiscal affairs, including,
but | ||
not limited to, the preparation of its budget. An audit of each |
charter
school's finances shall be conducted annually by an | ||
outside, independent
contractor retained by the charter | ||
school. The contractor shall not be an employee of the charter | ||
school or affiliated with the charter school or its authorizer | ||
in any way, other than to audit the charter school's finances. | ||
To ensure financial accountability for the use of public | ||
funds, on or before December 1 of every year of operation, each | ||
charter school shall submit to its authorizer and the State | ||
Board a copy of its audit and a copy of the Form 990 the | ||
charter school filed that year with the federal Internal | ||
Revenue Service. In addition, if deemed necessary for proper | ||
financial oversight of the charter school, an authorizer may | ||
require quarterly financial statements from each charter | ||
school.
| ||
(g) A charter school shall comply with all provisions of | ||
this Article, the Illinois Educational Labor Relations Act, | ||
all federal and State laws and rules applicable to public | ||
schools that pertain to special education and the instruction | ||
of English learners, and
its charter. A charter
school is | ||
exempt from all other State laws and regulations in this Code
| ||
governing public
schools and local school board policies; | ||
however, a charter school is not exempt from the following:
| ||
(1) Sections 10-21.9 and 34-18.5 of this Code | ||
regarding criminal
history records checks and checks of | ||
the Statewide Sex Offender Database and Statewide Murderer | ||
and Violent Offender Against Youth Database of applicants |
for employment;
| ||
(2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and | ||
34-84a of this Code regarding discipline of
students;
| ||
(3) the Local Governmental and Governmental Employees | ||
Tort Immunity Act;
| ||
(4) Section 108.75 of the General Not For Profit | ||
Corporation Act of 1986
regarding indemnification of | ||
officers, directors, employees, and agents;
| ||
(5) the Abused and Neglected Child Reporting Act;
| ||
(5.5) subsection (b) of Section 10-23.12 and | ||
subsection (b) of Section 34-18.6 of this Code; | ||
(6) the Illinois School Student Records Act;
| ||
(7) Section 10-17a of this Code regarding school | ||
report cards;
| ||
(8) the P-20 Longitudinal Education Data System Act; | ||
(9) Section 27-23.7 of this Code regarding bullying | ||
prevention; | ||
(10) Section 2-3.162 of this Code regarding student | ||
discipline reporting; | ||
(11) Sections 22-80 and 27-8.1 of this Code; | ||
(12) Sections 10-20.60 and 34-18.53 of this Code; | ||
(13) Sections 10-20.63 and 34-18.56 of this Code; | ||
(14) Sections 22-90 and 26-18 of this Code; | ||
(15) Section 22-30 of this Code; | ||
(16) Sections 24-12 and 34-85 of this Code; and | ||
(17) the Seizure Smart School Act; |
(18) Section 2-3.64a-10 of this Code; and | ||
(19) (18) Sections 10-20.73 and 34-21.9 of this Code ; . | ||
(20) (19) Section 10-22.25b of this Code ; . | ||
(21) (19) Section 27-9.1a of this Code; | ||
(22) (20) Section 27-9.1b of this Code; and | ||
(23) (21) Section 34-18.8 of this Code ; . | ||
(24) (19) Article 26A of this Code ; . | ||
(25) (19) Section 2-3.188 of this Code; and | ||
(26) (20) Section 22-85.5 of this Code ; . | ||
(27) Section 10-20.13 of this Code; | ||
(28) Section 28-19.2 of this Code; and | ||
(29) Section 34-21.6 of this Code. | ||
The change made by Public Act 96-104 to this subsection | ||
(g) is declaratory of existing law. | ||
(h) A charter school may negotiate and contract with a | ||
school district, the
governing body of a State college or | ||
university or public community college, or
any other public or | ||
for-profit or nonprofit private entity for: (i) the use
of a | ||
school building and grounds or any other real property or | ||
facilities that
the charter school desires to use or convert | ||
for use as a charter school site,
(ii) the operation and | ||
maintenance thereof, and
(iii) the provision of any service, | ||
activity, or undertaking that the charter
school is required | ||
to perform in order to carry out the terms of its charter.
| ||
However, a charter school
that is established on
or
after | ||
April 16, 2003 (the effective date of Public Act 93-3) and that |
operates
in a city having a population exceeding
500,000 may | ||
not contract with a for-profit entity to
manage or operate the | ||
school during the period that commences on April 16, 2003 (the
| ||
effective date of Public Act 93-3) and
concludes at the end of | ||
the 2004-2005 school year.
Except as provided in subsection | ||
(i) of this Section, a school district may
charge a charter | ||
school reasonable rent for the use of the district's
| ||
buildings, grounds, and facilities. Any services for which a | ||
charter school
contracts
with a school district shall be | ||
provided by the district at cost. Any services
for which a | ||
charter school contracts with a local school board or with the
| ||
governing body of a State college or university or public | ||
community college
shall be provided by the public entity at | ||
cost.
| ||
(i) In no event shall a charter school that is established | ||
by converting an
existing school or attendance center to | ||
charter school status be required to
pay rent for space
that is | ||
deemed available, as negotiated and provided in the charter | ||
agreement,
in school district
facilities. However, all other | ||
costs for the operation and maintenance of
school district | ||
facilities that are used by the charter school shall be | ||
subject
to negotiation between
the charter school and the | ||
local school board and shall be set forth in the
charter.
| ||
(j) A charter school may limit student enrollment by age | ||
or grade level.
| ||
(k) If the charter school is approved by the State Board or |
Commission, then the charter school is its own local education | ||
agency. | ||
(Source: P.A. 101-50, eff. 7-1-20; 101-81, eff. 7-12-19; | ||
101-291, eff. 1-1-20; 101-531, eff. 8-23-19; 101-543, eff. | ||
8-23-19; 101-654, eff. 3-8-21; 102-51, eff. 7-9-21; 102-157, | ||
eff. 7-1-22; 102-360, eff. 1-1-22; 102-445, eff. 8-20-21; | ||
102-466, eff. 7-1-25; 102-522, eff. 8-20-21; 102-558, eff. | ||
8-20-21; 102-676, eff. 12-3-21; revised 12-21-21.)
| ||
(105 ILCS 5/28-19.2) (from Ch. 122, par. 28-19.2)
| ||
Sec. 28-19.2.
(a) No discrimination or punishment of any | ||
kind, including , but not limited to: the lowering of grades , | ||
or exclusion from classes, or withholding of student records, | ||
transcripts or diplomas may be exercised against
a student | ||
because the student's whose parents or guardians are unable to | ||
purchase required textbooks
or instructional materials or to | ||
pay required fees.
| ||
(b) Any person who violates this Section is guilty of a | ||
petty offense.
| ||
(Source: P.A. 83-573.)
| ||
(105 ILCS 5/34-21.6) (from Ch. 122, par. 34-21.6)
| ||
Sec. 34-21.6. Waiver of fees and fines . | ||
(a) The board shall waive all fees and any fines for the | ||
loss of school property assessed by the district
on children | ||
whose parents are unable to afford them, including but not |
limited
to : | ||
(1) children living in households that meet the free | ||
lunch or breakfast eligibility guidelines established by | ||
the federal government pursuant to Section 1758 of the | ||
federal Richard B. Russell National School Lunch Act (42 | ||
U.S.C. 1758; 7 C.F.R. 245 et seq.), subject to | ||
verification as set forth in subsection (b) of this | ||
Section , and | ||
(2) homeless children and youth as defined in Section | ||
11434a of the federal McKinney-Vento Homeless Assistance | ||
Act (42 U.S.C. 11434a). | ||
Notice of waiver availability shall be given to parents or | ||
guardians with every bill for fees or fines . The board shall | ||
develop written
policies and procedures implementing this | ||
Section in accordance with
regulations promulgated by the | ||
State Board of Education.
| ||
(b) If the board participates in a federally funded, | ||
school-based child nutrition program and uses a student's | ||
application for, eligibility for, or participation in the | ||
federally funded, school-based child nutrition program (42 | ||
U.S.C. 1758; 7 C.F.R. 245 et seq.) as the basis for waiving | ||
fees assessed by the district, then the board must follow the | ||
verification requirements of the federally funded, | ||
school-based child nutrition program (42 U.S.C. 1758; 7 C.F.R. | ||
245.6a). | ||
If the board establishes a process for the determination |
of eligibility for waiver of all fees assessed by the district | ||
that is completely independent of the criteria listed in | ||
subsection (b) a student's application for, eligibility for, | ||
or participation in a federally funded, school-based child | ||
nutrition program , the board may provide for fee waiver | ||
verification no more often once every academic year than every | ||
60 calendar days . Information obtained during the independent , | ||
fee waiver verification process indicating that the student | ||
does not meet free lunch or breakfast eligibility guidelines | ||
may be used to deny the waiver of the student's fees or fines | ||
for the loss of school property , provided that any information | ||
obtained through this independent process for determining or | ||
verifying eligibility for fee waivers shall not be used to | ||
determine or verify eligibility for any federally funded, | ||
school-based child nutrition program. | ||
This subsection shall not preclude children from obtaining | ||
waivers at any point during the academic year. | ||
(Source: P.A. 96-360, eff. 9-1-09.)
| ||
Section 95. No acceleration or delay. Where this Act makes | ||
changes in a statute that is represented in this Act by text | ||
that is not yet or no longer in effect (for example, a Section | ||
represented by multiple versions), the use of that text does | ||
not accelerate or delay the taking effect of (i) the changes | ||
made by this Act or (ii) provisions derived from any other | ||
Public Act.
|