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Public Act 102-0522 | ||||
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AN ACT concerning education.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The School Code is amended by changing Sections | ||||
2-3.62, 27A-5, and 34-18.8 and by adding Sections 27-9.1a and | ||||
27-9.1b as follows:
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(105 ILCS 5/2-3.62) (from Ch. 122, par. 2-3.62)
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Sec. 2-3.62. Educational service centers.
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(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:
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(1) (blank);
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(2) computer technology education;
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(3) mathematics, science and reading resources for | ||||
teachers including
continuing education, inservice | ||||
training and staff development.
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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
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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.
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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
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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.
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(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
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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.
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(c) The centers shall be of sufficient size and number to | ||
assure delivery
of services to all local school districts in | ||
the State.
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(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.
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(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
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board members, 2 health care professionals, one library system
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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
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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
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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.
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(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
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education, subject to rules and regulations developed by
the
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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.
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(Source: P.A. 98-24, eff. 6-19-13; 98-647, eff. 6-13-14; | ||
99-30, eff. 7-10-15.)
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(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.
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(105 ILCS 5/27A-5)
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Sec. 27A-5. Charter school; legal entity; requirements.
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(a) A charter school shall be a public, nonsectarian, | ||
nonreligious, non-home
based, and non-profit school. A charter | ||
school shall be organized and operated
as a nonprofit | ||
corporation or other discrete, legal, nonprofit entity
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authorized under the laws of the State of Illinois.
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(b) A charter school may be established under this Article | ||
by creating a new
school or by converting an existing public | ||
school or attendance center to
charter
school status.
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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.
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(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.
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(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.
|