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Public Act 102-0522


 

Public Act 0522 102ND GENERAL ASSEMBLY

  
  
  

 


 
Public Act 102-0522
 
SB0818 EnrolledLRB102 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