Public Act 102-0157
 
SB0605 EnrolledLRB102 11423 CMG 16756 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 adding Section 
22-90 and by changing Sections 26-13 and 27A-5 as follows:
 
    (105 ILCS 5/22-90 new)
    Sec. 22-90. Absenteeism and truancy policy.
    (a) Each school district, charter school, or alternative 
school or any school receiving public funds shall develop and 
communicate to its students and their parent or guardian, on 
an annual basis, an absenteeism and truancy policy, including 
at least the following elements: 
        (1) A definition of a valid cause for absence in 
    accordance with Section 26-2a of this Code. 
        (2) A description of diagnostic procedures to be used 
    for identifying the causes of unexcused student 
    absenteeism, which shall, at a minimum, include interviews 
    with the student, his or her parent or guardian, and any 
    school officials who may have information about the 
    reasons for the student's attendance problem. 
        (3) The identification of supportive services to be 
    made available to truant or chronically truant students. 
    These services shall include, but need not be limited to, 
    parent conferences, student counseling, family counseling, 
    and information about existing community services that are 
    available to truant and chronically truant students and 
    relevant to their needs. 
        (4) Incorporation of the provisions relating to 
    chronic absenteeism in accordance with Section 26-18 of 
    this Code. 
    (b) The absenteeism and truancy policy must be updated 
every 2 years and filed with the State Board of Education and 
the regional superintendent of schools. 
 



    (105 ILCS 5/26-13)  (from Ch. 122, par. 26-13)



    Sec. 26-13. Absenteeism and truancy policies. School 
districts shall
adopt policies, consistent with rules adopted 
by the State Board of
Education and Section 22-90, which 
identify the appropriate supportive services and available

resources which are provided for truants and chronic truants.

(Source: P.A. 84-1420.)

 
 

    (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) this 
amendatory Act of the 101st General Assembly, 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) this amendatory Act of 
the 101st General Assembly 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 Acts, 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) Sections 22-90 and Section 26-18 of this Code;
        (15) Section 22-30 of this Code; and 
        (16) Sections 24-12 and 34-85 of this Code; and .
        (17) the (16) The Seizure Smart School Act. 
    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; revised 8-4-20.)
  
 
    Section 99. Effective date. This Act takes effect July 1, 
2022.


Effective Date:  7/1/2022