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Public Act 103-0641


 

Public Act 0641 103RD GENERAL ASSEMBLY

 


 
Public Act 103-0641
 
SB3473 EnrolledLRB103 36420 RJT 66522 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
2-3.204 and by changing Section 27A-5 as follows:
 
    (105 ILCS 5/2-3.204 new)
    Sec. 2-3.204. Type 1 diabetes informational materials.
    (a) The State Board of Education, in coordination with the
Department of Public Health, shall develop type 1 diabetes
informational materials for the parents and guardians of
students. The informational materials shall be made available
to each school district and charter school on the State
Board's Internet website. Each school district and charter
school shall post the informational materials on the school
district's or charter school's website, if any.
    (b) Information developed pursuant to this Section may
include, but is not limited to, all of the following:
        (1) A description of type 1 diabetes.
        (2) A description of the risk factors and warning
    signs associated with type 1 diabetes.
        (3) A recommendation regarding a student displaying
    warning signs associated with type 1 diabetes that the
    parent or guardian of the student should immediately
    consult with the student's primary care provider to
    determine if immediate screening for type 1 diabetes is
    appropriate.
        (4) A description of the screening process for type 1
    diabetes and the implications of test results.
        (5) A recommendation that, following a type 1 diabetes
    diagnosis, the parent or guardian should consult with the
    student's primary care provider to develop an appropriate
    treatment plan, which may include consultation with and
    examination by a specialty care provider, including, but
    not limited to, a properly qualified endocrinologist.
 
    (105 ILCS 5/27A-5)
    (Text of Section before amendment by P.A. 102-466 and
103-472)
    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. 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. This limitation
does not apply to charter schools existing or approved on or
before April 16, 2003.
    (b-5) (Blank).
    (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. 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 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.
    (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. 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;
        (17) the Seizure Smart School Act;
        (18) Section 2-3.64a-10 of this Code;
        (19) Sections 10-20.73 and 34-21.9 of this Code;
        (20) Section 10-22.25b of this Code;
        (21) Section 27-9.1a of this Code;
        (22) Section 27-9.1b of this Code;
        (23) Section 34-18.8 of this Code;
        (25) Section 2-3.188 of this Code;
        (26) Section 22-85.5 of this Code;
        (27) subsections (d-10), (d-15), and (d-20) of Section
    10-20.56 of this Code;
        (28) Sections 10-20.83 and 34-18.78 of this Code;
        (29) Section 10-20.13 of this Code;
        (30) Section 28-19.2 of this Code;
        (31) Section 34-21.6 of this Code; and
        (32) Section 22-85.10 of this Code; and .
        (37) Section 2-3.204 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.
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 authorized by the State
Board, then the charter school is its own local education
agency.
(Source: P.A. 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;
102-697, eff. 4-5-22; 102-702, eff. 7-1-23; 102-805, eff.
1-1-23; 102-813, eff. 5-13-22; 103-154, eff. 6-30-23; 103-175,
eff. 6-30-23.)
 
    (Text of Section after amendment by P.A. 103-472 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. 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. This limitation
does not apply to charter schools existing or approved on or
before April 16, 2003.
    (b-5) (Blank).
    (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. 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 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.
    (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. 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;
        (17) the Seizure Smart School Act;
        (18) Section 2-3.64a-10 of this Code;
        (19) Sections 10-20.73 and 34-21.9 of this Code;
        (20) Section 10-22.25b of this Code;
        (21) Section 27-9.1a of this Code;
        (22) Section 27-9.1b of this Code;
        (23) Section 34-18.8 of this Code;
        (25) Section 2-3.188 of this Code;
        (26) Section 22-85.5 of this Code;
        (27) subsections (d-10), (d-15), and (d-20) of Section
    10-20.56 of this Code;
        (28) Sections 10-20.83 and 34-18.78 of this Code;
        (29) Section 10-20.13 of this Code;
        (30) Section 28-19.2 of this Code;
        (31) Section 34-21.6 of this Code; and
        (32) Section 22-85.10 of this Code;
        (33) Section 2-3.196 of this Code;
        (34) Section 22-95 of this Code;
        (35) Section 34-18.62 of this Code; and
        (36) the Illinois Human Rights Act; and .
        (37) Section 2-3.204 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.
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 authorized by the State
Board, then the charter school is its own local education
agency.
(Source: P.A. 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;
102-697, eff. 4-5-22; 102-702, eff. 7-1-23; 102-805, eff.
1-1-23; 102-813, eff. 5-13-22; 103-154, eff. 6-30-23; 103-175,
eff. 6-30-23; 103-472, eff. 8-1-24; revised 8-31-23.)
 
    (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. 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. This limitation
does not apply to charter schools existing or approved on or
before April 16, 2003.
    (b-5) (Blank).
    (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. 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 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.
    (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. 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;
        (17) the Seizure Smart School Act;
        (18) Section 2-3.64a-10 of this Code;
        (19) Sections 10-20.73 and 34-21.9 of this Code;
        (20) Section 10-22.25b of this Code;
        (21) Section 27-9.1a of this Code;
        (22) Section 27-9.1b of this Code;
        (23) Section 34-18.8 of this Code;
        (24) Article 26A of this Code;
        (25) Section 2-3.188 of this Code;
        (26) Section 22-85.5 of this Code;
        (27) subsections (d-10), (d-15), and (d-20) of Section
    10-20.56 of this Code;
        (28) Sections 10-20.83 and 34-18.78 of this Code;
        (29) Section 10-20.13 of this Code;
        (30) Section 28-19.2 of this Code;
        (31) Section 34-21.6 of this Code; and
        (32) Section 22-85.10 of this Code;
        (33) Section 2-3.196 of this Code;
        (34) Section 22-95 of this Code;
        (35) Section 34-18.62 of this Code; and
        (36) the Illinois Human Rights Act; and .
        (37) Section 2-3.204 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.
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 authorized by the State
Board, then the charter school is its own local education
agency.
(Source: P.A. 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; 102-697, eff. 4-5-22; 102-702, eff. 7-1-23;
102-805, eff. 1-1-23; 102-813, eff. 5-13-22; 103-154, eff.
6-30-23; 103-175, eff. 6-30-23; 103-472, eff. 8-1-24; revised
8-31-23.)
 
    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.
 
    Section 99. Effective date. This Act takes effect upon
becoming law.