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Public Act 103-0641 | ||||
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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. |