Public Act 102-0522 Public Act 0522 102ND GENERAL ASSEMBLY |
Public Act 102-0522 | SB0818 Enrolled | LRB102 04606 CMG 14625 b |
|
| AN ACT concerning education.
| Be it enacted by the People of the State of Illinois,
| represented in the General Assembly:
| Section 5. The School Code is amended by changing Sections | 2-3.62, 27A-5, and 34-18.8 and by adding Sections 27-9.1a and | 27-9.1b as follows:
| (105 ILCS 5/2-3.62) (from Ch. 122, par. 2-3.62)
| Sec. 2-3.62. Educational service centers.
| (a) A regional network of educational service centers | shall be established
by the State Board of Education to | coordinate and combine existing services in
a manner which is | practical and efficient and to provide new services to
schools | as provided in this Section. Services to be made available by | such
centers shall include the planning, implementation and | evaluation of:
| (1) (blank);
| (2) computer technology education;
| (3) mathematics, science and reading resources for | teachers including
continuing education, inservice | training and staff development.
| The centers may provide training, technical assistance, | coordination and
planning in other program areas such as | school improvement, school
accountability, financial planning, |
| consultation, and services, career guidance, early childhood | education, alcohol/drug
education and prevention, | comprehensive personal health and safety education and | comprehensive sexual health family life - sex education, | electronic transmission
of data from school districts to the | State, alternative education and regional
special education, | and telecommunications systems that provide distance
learning. | Such telecommunications systems may be obtained through the
| Department of Central Management Services pursuant to Section | 405-270 of the
Department of Central Management Services Law | (20 ILCS 405/405-270). The programs and services of | educational
service centers may be offered to private school | teachers and private school
students within each service | center area provided public schools have already
been afforded | adequate access to such programs and services.
| Upon the abolition of the office, removal from office, | disqualification for office, resignation from office, or | expiration of the current term of office of the regional | superintendent of schools, whichever is earlier, the chief | administrative officer of the centers serving that portion of | a Class II county school unit outside of a city of 500,000 or | more inhabitants shall have and exercise, in and with respect | to each educational service region having a population of | 2,000,000 or more inhabitants and in and with respect to each | school district located in any such educational service | region, all of the rights, powers, duties, and |
| responsibilities theretofore vested by law in and exercised | and performed by the regional superintendent of schools for | that area under the provisions of this Code or any other laws | of this State. | The State Board of Education shall promulgate rules and | regulations necessary
to implement this Section. The rules | shall include detailed standards which
delineate the scope and | specific content of programs to be provided by each
| Educational Service Center, as well as the specific planning, | implementation
and evaluation services to be provided by each | Center relative to its programs.
The Board shall also provide | the standards by which it will evaluate the
programs provided | by each Center.
| (b) Centers serving Class 1 county school units shall be | governed by an
11-member board, 3 members of which shall be | public school teachers
nominated by the local bargaining | representatives to the appropriate regional
superintendent for | appointment and no more than 3 members of which shall be
from | each of the following categories, including but not limited to
| superintendents, regional superintendents, school board | members
and a representative of an institution of higher | education. The members of
the board shall be appointed by the | regional superintendents whose school
districts are served by | the educational service center.
The composition of the board | will reflect the revisions of this
amendatory Act of 1989 as | the terms of office of current members expire.
|
| (c) The centers shall be of sufficient size and number to | assure delivery
of services to all local school districts in | the State.
| (d) From monies appropriated for this program the State | Board of
Education shall provide grants paid from the Personal | Property Tax Replacement Fund to qualifying Educational | Service Centers
applying for such grants in accordance with | rules and regulations
promulgated by the State Board of | Education to implement this Section.
| (e) The governing authority of each of the 18 regional | educational service
centers shall appoint a comprehensive | personal health and safety education and comprehensive sexual | health family life - sex education advisory board
consisting | of 2 parents, 2 teachers, 2 school administrators, 2 school
| board members, 2 health care professionals, one library system
| representative, and the director of the regional educational | service center
who shall serve as chairperson of the advisory | board so appointed. Members
of the comprehensive personal | health and safety education and comprehensive sexual health | family life - sex education advisory boards shall serve | without
compensation. Each of the advisory boards appointed | pursuant to this
subsection shall develop a plan for regional | teacher-parent comprehensive personal health and safety | education and comprehensive sexual health family life - sex
| education training sessions and shall file a written report of | such plan
with the governing board of their regional |
| educational service center. The
directors of each of the | regional educational service
centers shall thereupon meet, | review each of the reports submitted by the
advisory boards | and combine those reports into a single written report which
| they shall file with the Citizens Council on School Problems | prior to the
end of the regular school term of the 1987-1988 | school year.
| (f) The 14 educational service centers serving Class I | county school units
shall be disbanded on the first Monday of | August, 1995, and their statutory
responsibilities and | programs shall be assumed by the regional offices of
| education, subject to rules and regulations developed by
the
| State Board of Education. The regional superintendents of | schools elected by
the voters residing in all Class I counties | shall serve as the chief
administrators for these programs and | services.
| (Source: P.A. 98-24, eff. 6-19-13; 98-647, eff. 6-13-14; | 99-30, eff. 7-10-15.)
| (105 ILCS 5/27-9.1a new) | Sec. 27-9.1a. Comprehensive personal health and safety and | comprehensive sexual health education. | (a) In this Section: | "Adapt" means to modify an evidence-based or | evidence-informed program model for use with a particular | demographic, ethnic, linguistic, or cultural group. |
| "Age and developmentally appropriate" means suitable to | particular ages or age groups of children and adolescents, | based on the developing cognitive, emotional, and behavioral | capacity typical for the age or age group. | "Characteristics of effective programs" includes | development, content, and implementation of such programs that | (i) have been shown to be effective in terms of increasing | knowledge, clarifying values and attitudes, increasing skills, | and impacting behavior, (ii) are widely recognized by leading | medical and public health agencies to be effective in changing | sexual behaviors that lead to sexually transmitted infections, | including HIV, unintended pregnancy, interpersonal violence, | and sexual violence among young people, and (iii) are taught | by professionals who provide a safe learning space, free from | shame, stigma, and ideology and are trained in trauma-informed | teaching methodologies. | "Complete" means information that aligns with the National | Sex Education Standards, including information on consent and | healthy relationships, anatomy and physiology, puberty and | adolescent sexual development, gender identity and expression, | sexual orientation and identity, sexual health, and | interpersonal violence. | "Comprehensive personal health and safety education" means | age and developmentally appropriate education that aligns with | the National Sex Education Standards, including information on | consent and healthy relationships, anatomy and physiology, |
| puberty and adolescent sexual development, gender identity and | expression, sexual orientation and identity, sexual health, | and interpersonal violence. | "Comprehensive sexual health education" means age and | developmentally appropriate education that aligns with the | National Sex Education Standards, including information on | consent and healthy relationships, anatomy and physiology, | puberty and adolescent sexual development, gender identity and | expression, sexual orientation and identity, sexual health, | and interpersonal violence. | "Consent" means an affirmative, knowing, conscious, | ongoing, and voluntary agreement to engage in interpersonal, | physical, or sexual activity, which can be revoked at any | point, including during the course of interpersonal, physical, | or sexual activity. | "Culturally appropriate" means affirming culturally | diverse individuals, families, and communities in an | inclusive, respectful, and effective manner, including | materials and instruction that are inclusive of race, | ethnicity, language, cultural background, immigration status, | religion, disability, gender, gender identity, gender | expression, sexual orientation, and sexual behavior. | "Evidence-based program" means a program for which | systematic, empirical research or evaluation has provided | evidence of effectiveness. | "Evidence-informed program" means a program that uses the |
| best available research and practice knowledge to guide | program design and implementation. | "Gender stereotype" means a generalized view or | preconception about what attributes, characteristics, or roles | are or ought to be taught, possessed by, or performed by people | based on their gender identity. | "Healthy relationships" means relationships between | individuals that consist of mutual respect, trust, honesty, | support, fairness, equity, separate identities, physical and | emotional safety, and good communication. | "Identity" means people's understanding of how they | identify their sexual orientation, gender, gender identity, or | gender expression without stereotypes, shame, or stigma. | "Inclusive" means inclusion of marginalized communities | that include, but are not limited to, people of color, | immigrants, people of diverse sexual orientations, gender | identities, and gender expressions, people who are intersex, | people with disabilities, people who have experienced | interpersonal or sexual violence, and others. | "Interpersonal violence" means violent behavior used to | establish power and control over another person. | "Medically accurate" means verified or supported by the | weight of research conducted in compliance with accepted | scientific methods and published in peer-reviewed journals, if | applicable, or comprising information recognized as accurate | and objective. |
| "Pre-exposure Prophylaxis (PrEP)" means medications | approved by the federal Food and Drug Administration (FDA) and | recommended by the United States Public Health Service or the | federal Centers for Disease Control and Prevention for HIV | pre-exposure prophylaxis and related pre-exposure prophylaxis | services, including, but not limited to, HIV and sexually | transmitted infection screening, treatment for sexually | transmitted infections, medical monitoring, laboratory | services, and sexual health counseling, to reduce the | likelihood of HIV infection for individuals who are not living | with HIV but are vulnerable to HIV exposure. | "Post-exposure Prophylaxis (PeP)" means the medications | that are recommended by the federal Centers for Disease | Control and Prevention and other public health authorities to | help prevent HIV infection after potential occupational or | non-occupational HIV exposure. | "Sexual violence" means discrimination, bullying, | harassment, including sexual harassment, sexual abuse, sexual | assault, intimate partner violence, incest, rape, and human | trafficking. | "Trauma informed" means to address vital information about | sexuality and well-being that takes into consideration how | adverse life experiences may potentially influence a person's | well-being and decision making. | (b) All classes that teach comprehensive personal health | and safety and comprehensive sexual health education shall |
| satisfy the following criteria: | (1) Course material and instruction shall be age and | developmentally appropriate, medically accurate, | complete, culturally appropriate, inclusive, and trauma | informed. | (2) Course material and instruction shall replicate | evidence-based or evidence-informed programs or | substantially incorporate elements of evidence-based | programs or evidence-informed programs or characteristics | of effective programs. | (3) Course material and instruction shall be inclusive | and sensitive to the needs of students based on their | status as pregnant or parenting, living with STIs, | including HIV, sexually active, asexual, or intersex or | based on their gender, gender identity, gender expression, | sexual orientation, sexual behavior, or disability. | (4) Course material and instruction shall be | accessible to students with disabilities, which may | include the use of a modified curriculum, materials, | instruction in alternative formats, assistive technology, | and auxiliary aids. | (5) Course material and instruction shall help | students develop self-advocacy skills for effective | communication with parents or guardians, health and social | service professionals, other trusted adults, and peers | about sexual health and relationships. |
| (6) Course material and instruction shall provide | information to help students develop skills for developing | healthy relationships and preventing and dealing with | interpersonal violence and sexual violence. | (7) Course material and instruction shall provide | information to help students safely use the Internet, | including social media, dating or relationship websites or | applications, and texting. | (8) Course material and instruction shall provide | information about local resources where students can | obtain additional information and confidential services | related to parenting, bullying, interpersonal violence, | sexual violence, suicide prevention, sexual and | reproductive health, mental health, substance abuse, | sexual orientation, gender identity, gender expression, | and other related issues. | (9) Course material and instruction shall include | information about State laws related to minor | confidentiality and minor consent, including exceptions, | consent education, mandated reporting of child abuse and | neglect, the safe relinquishment of a newborn child, | minors' access to confidential health care and related | services, school policies addressing the prevention of and | response to interpersonal and sexual violence, school | breastfeeding accommodations, and school policies | addressing the prevention of and response to sexual |
| harassment. | (10) Course material and instruction may not reflect | or promote bias against any person on the basis of the | person's race, ethnicity, language, cultural background, | citizenship, religion, HIV status, family structure, | disability, gender, gender identity, gender expression, | sexual orientation, or sexual behavior. | (11) Course material and instruction may not employ | gender stereotypes. | (12) Course material and instruction shall be | inclusive of and may not be insensitive or unresponsive to | the needs of survivors of interpersonal violence and | sexual violence. | (13) Course material and instruction may not | proselytize any religious doctrine. | (14) Course material and instruction may not | deliberately withhold health-promoting or life-saving | information about culturally appropriate health care and | services, including reproductive health services, hormone | therapy, and FDA-approved treatments and options, | including, but not limited to, Pre-exposure Prophylaxis | (PrEP) and Post-exposure Prophylaxis (PeP). | (15) Course material and instruction may not be | inconsistent with the ethical imperatives of medicine and | public health. | (c) A school may utilize guest lecturers or resource |
| persons to provide instruction or presentations in accordance | with Section 10-22.34b. Comprehensive personal health and | safety and comprehensive sexual health education instruction | and materials provided by guest lecturers or resource persons | may not conflict with the provisions of this Section. | (d) No student shall be required to take or participate in | any class or course in comprehensive personal health and | safety and comprehensive sexual health education. A student's | parent or guardian may opt the student out of comprehensive | personal health and safety and comprehensive sexual health | education by submitting the request in writing. Refusal to | take or participate in such a course or program may not be a | reason for disciplinary action, academic penalty, suspension, | or expulsion or any other sanction of a student. A school | district may not require active parental consent for | comprehensive personal health and safety and comprehensive | sexual health education. | (e) An opportunity shall be afforded to individuals, | including parents or guardians, to review the scope and | sequence of instructional materials to be used in a class or | course under this Section, either electronically or in person. | A school district shall annually post, on its Internet website | if one exists, which curriculum is used to provide | comprehensive personal health and safety and comprehensive | sexual health education and the name and contact information, | including an email address, of school personnel who can |
| respond to inquiries about instruction and materials. | (f) On or before August 1, 2022, the State Board of | Education, in consultation with youth, parents, sexual health | and violence prevention experts, health care providers, | advocates, and education practitioners, including, but not | limited to, administrators, regional superintendents of | schools, teachers, and school support personnel, shall develop | and adopt rigorous learning standards in the area of | comprehensive personal health and safety education for pupils | in kindergarten through the 5th grade and comprehensive sexual | health education for pupils in the 6th through 12th grades, | including, but not limited to, all of the National Sex | Education Standards, including information on consent and | healthy relationships, anatomy and physiology, puberty and | adolescent sexual development, gender identity and expression, | sexual orientation and identity, sexual health, and | interpersonal violence, as authored by the Future of Sex | Education Initiative. As the National Sex Education Standards | are updated, the State Board of Education shall update these | learning standards. | (g) By no later than August 1, 2022, the State Board of | Education shall make available resource materials developed in | consultation with stakeholders, with the cooperation and input | of experts that provide and entities that promote age and | developmentally appropriate, medically accurate, complete, | culturally appropriate, inclusive, and trauma-informed |
| comprehensive personal health and safety and comprehensive | sexual health education policy. Materials may include, without | limitation, model comprehensive personal health and safety and | comprehensive sexual health education resources and programs. | The State Board of Education shall make these resource | materials available on its Internet website, in a clearly | identified and easily accessible place. | (h) Schools may choose and adapt the age and | developmentally appropriate, medically accurate, complete, | culturally appropriate, inclusive, and trauma-informed | comprehensive personal health and safety and comprehensive | sexual health education curriculum that meets the specific | needs of their community. All instruction and materials, | including materials provided or presented by outside | consultants, community groups, or organizations, may not | conflict with the provisions of this Section. | (i) The State Board of Education shall, through existing | reporting mechanisms if available, direct each school district | to identify the following: | (1) if instruction on comprehensive personal health | and safety and comprehensive sexual health education is | provided; | (2) whether the instruction was provided by a teacher | in the school, a consultant, or a community group or | organization and specify the name of the outside | consultant, community group, or organization; |
| (3) the number of students receiving instruction; | (4) the number of students excused from instruction; | and | (5) the duration of instruction. | The State Board of Education shall report the results of | this inquiry to the General Assembly annually, for a period of | 5 years beginning one year after the effective date of this | amendatory Act of the 102nd General Assembly. | (105 ILCS 5/27-9.1b new) | Sec. 27-9.1b. Consent education. | (a) In this Section: | "Age and developmentally appropriate" has the meaning | ascribed to that term in Section 27-9.1a. | "Consent" has the meaning ascribed to that term in Section | 27-9.1a. | (b) A school district may provide age and developmentally | appropriate consent education in kindergarten through the 12th | grade. | (1) In kindergarten through the 5th grade, instruction | and materials shall include age and developmentally | appropriate instruction on consent and how to give and | receive consent, including a discussion that includes, but | is not limited to, all of the following: | (A) Setting appropriate physical boundaries with | others. |
| (B) Respecting the physical boundaries of others. | (C) The right to refuse to engage in behaviors or | activities that are uncomfortable or unsafe. | (D) Dealing with unwanted physical contact. | (E) Helping a peer deal with unwanted physical | contact. | (2) In the 6th through 12th grades, instruction and | materials shall include age and developmentally | appropriate instruction on consent and how to give and | receive consent, including a discussion that includes, but | is not limited to, all of the following: | (A) That consent is a freely given agreement to | sexual activity. | (B) That consent to one particular sexual activity | does not constitute consent to other types of sexual | activities. | (C) That a person's lack of verbal or physical | resistance or submission resulting from the use or | threat of force does not constitute consent. | (D) That a person's manner of dress does not | constitute consent. | (E) That a person's consent to past sexual | activity does not constitute consent to future sexual | activity. | (F) That a person's consent to engage in sexual | activity with one person does not constitute consent |
| to engage in sexual activity with another person. | (G) That a person can withdraw consent at any | time. | (H) That a person cannot consent to sexual | activity if that person is unable to understand the | nature of the activity or give knowing consent due to | certain circumstances that include, but are not | limited to: | (i) the person is incapacitated due to the use | or influence of alcohol or drugs; | (ii) the person is asleep or unconscious; | (iii) the person is a minor; or | (iv) the person is incapacitated due to a | mental disability. | (I) The legal age of consent in this State.
| (105 ILCS 5/27A-5)
| 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. 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; | (17) the Seizure Smart School Act; and | (18) Section 2-3.64a-10 of this Code ; . | (19) Section 27-9.1a of this Code; | (20) Section 27-9.1b of this Code; and | (21) Section 34-18.8 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. 100-29, eff. 1-1-18; 100-156, eff. 1-1-18; | 100-163, eff. 1-1-18; 100-413, eff. 1-1-18; 100-468, eff. | 6-1-18; 100-726, eff. 1-1-19; 100-863, eff. 8-14-18; 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.)
| (105 ILCS 5/34-18.8) (from Ch. 122, par. 34-18.8)
| Sec. 34-18.8. HIV AIDS training. School guidance | counselors, nurses,
teachers , school social workers, and other | school personnel who work with students shall pupils
may be | trained to have a basic knowledge of matters relating
to human | immunodeficiency virus (HIV) acquired immunodeficiency | syndrome (AIDS) , including the nature of the infection
| disease , its causes and effects, the means of detecting it and | preventing
its transmission, the availability of appropriate | sources of counseling and
referral, and any other medically | accurate information that is age and developmentally | appropriate for may be appropriate considering the
age and | grade level of such students pupils . The Board of Education | shall supervise
such training. The State Board of Education | and the Department of Public
Health shall jointly develop | standards for such training.
|
| (Source: P.A. 86-900.)
| (105 ILCS 5/27-9.1 rep.)
| (105 ILCS 5/27-9.2 rep.)
| (105 ILCS 5/27-11 rep.)
| Section 10. The School Code is amended by repealing | Sections 27-9.1, 27-9.2, and 27-11.
| Section 99. Effective date. This Act takes effect upon | becoming law.
|
Effective Date: 8/20/2021
|