Public Act 098-0669
 
HB5707 EnrolledLRB098 18990 OMW 54139 b


  
    AN ACT concerning education.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  






 
    Section 5. The School Code is amended  by changing Sections  
27-23.7 and 27A-5  as follows:
 
    (105 ILCS 5/27-23.7)
    Sec. 27-23.7. Bullying prevention.
    (a)  The General Assembly finds that a safe and civil school 
environment is necessary for students to learn and achieve and 
that bullying causes physical, psychological, and emotional 
harm to students and interferes with students' ability to learn 
and participate in school activities. The General Assembly 
further finds that bullying has been linked to other forms of 
antisocial behavior, such as vandalism, shoplifting, skipping 
and dropping out of school, fighting, using drugs and alcohol, 
sexual harassment, and sexual violence. Because of the negative 
outcomes associated with bullying in schools, the General 
Assembly finds that school districts, charter schools, and 
non-public, non-sectarian elementary and secondary schools 
should educate students, parents, and school district, charter 
school, or non-public, non-sectarian elementary or secondary 
school personnel about what behaviors constitute prohibited 
bullying.
    Bullying on the basis of actual or perceived race, color, 
religion, sex, national origin, ancestry, age, marital status, 
physical or mental disability, military status, sexual 
orientation, gender-related identity or expression, 
unfavorable discharge from military service, association with 
a person or group with one or more of the aforementioned actual 
or perceived characteristics, or any other distinguishing 
characteristic is prohibited in all school districts, charter 
schools, and non-public, non-sectarian elementary and 
secondary schools.

No student shall be subjected to bullying:
        (1) during any school-sponsored education program or 
    activity;
        (2) while in school, on school property, on school 
    buses or other school vehicles, at designated school bus 
    stops waiting for the school bus, or at school-sponsored or 
    school-sanctioned events or activities; or
        (3) through the transmission of information from a 
    school computer, a school computer network, or other 
    similar electronic school equipment. 
    (a-5) Nothing in this Section is intended to infringe upon 
any right to exercise free expression or the free exercise of 
religion or religiously based views protected under the First 
Amendment to the United States Constitution or under Section 3 
of Article I of the Illinois Constitution. 
    (b)  In this Section:

    "Bullying" means any severe or pervasive physical or verbal 
act or conduct, including communications made in writing or 
electronically, directed toward a student or students that has 
or can be reasonably predicted to have the effect of one or 
more of the following:
        (1) placing the student or students in reasonable fear 
    of harm to the student's or students' person or property;
        (2) causing a substantially detrimental effect on the 
    student's or students' physical or mental health;
        (3) substantially interfering with the student's or 
    students' academic performance; or
        (4) substantially interfering with the student's or 
    students' ability to participate in or benefit from the 
    services, activities, or privileges provided by a school.
    Bullying, as defined in this subsection (b), may take 
various forms, including without limitation one or more of the 
following: harassment, threats, intimidation, stalking, 
physical violence, sexual harassment, sexual violence, theft, 
public humiliation, destruction of property, or retaliation 
for asserting or alleging an act of bullying. This list is 
meant to be illustrative and non-exhaustive.
    "Policy on bullying" means a bullying prevention policy 
that meets the following criteria:
        (1) Includes the bullying definition provided in this 
    Section.
        (2) Includes a statement that bullying is contrary to 
    State law and the policy of the school district, charter 
    school,  or non-public, non-sectarian elementary or 
    secondary school and is consistent with subsection (a-5) of 
    this Section.
        (3) Includes procedures for promptly reporting 
    bullying, including, but not limited to, identifying and 
    providing the school e-mail address (if applicable) and 
    school telephone number for the staff person or persons 
    responsible for receiving such reports and a procedure for 
    anonymous reporting; however, this shall not be construed 
    to permit formal disciplinary action solely on the basis of 
    an anonymous report.
        (4) Consistent with federal and State laws and rules 
    governing student privacy rights, includes procedures for 
    promptly informing parents or guardians of all students 
    involved in the alleged incident of bullying and 
    discussing, as appropriate, the availability of social 
    work services, counseling, school psychological services, 
    other interventions, and restorative measures.
        (5) Contains procedures for promptly investigating and 
    addressing reports of bullying, including  the following:
            (A) Making all reasonable efforts to complete the 
        investigation within 10 school days  after the date the 
        report of the incident of bullying was received and 
        taking into consideration additional relevant 
        information received during the course of the 
        investigation about the reported incident of bullying.
            (B) Involving appropriate school support personnel 
        and other staff persons with knowledge, experience, 
        and training on bullying prevention, as deemed 
        appropriate, in the investigation process.
            (C) Notifying the principal or school 
        administrator or his or her designee of the report of 
        the incident of bullying as soon as possible after the 
        report is received.
            (D) Consistent with federal and State laws and 
        rules governing student privacy rights, providing 
        parents and guardians of the students who are parties 
        to the investigation information about the 
        investigation and an opportunity to meet with the 
        principal or school administrator or his or her 
        designee to discuss the investigation, the findings of 
        the investigation, and the actions taken to address the 
        reported incident of bullying.
        (6) Includes the interventions that can be taken to 
    address bullying, which may include, but are not limited 
    to, school social work services, restorative measures, 
    social-emotional skill building, counseling, school 
    psychological services, and community-based services.
        (7) Includes a statement prohibiting reprisal or 
    retaliation against any person who reports an act of 
    bullying and the consequences and appropriate remedial 
    actions for a person who engages in reprisal or 
    retaliation.
        (8) Includes consequences and appropriate remedial 
    actions for a person found to have falsely accused another 
    of bullying as a means of retaliation or  as a means of 
    bullying.
        (9)  Is based on the engagement of a range of school 
    stakeholders, including students and parents or guardians.
        (10) Is posted on the school district's, charter

    school's, or non-public, non-sectarian elementary or

    secondary school's existing Internet website and is

    included in the student handbook, and, where applicable,

    posted where other policies, rules, and standards of

    conduct are currently posted in the school, and is

    distributed annually to parents, guardians, students, and

    school personnel, including new employees when hired.
        (11) As part of the process of reviewing and 
    re-evaluating the policy under subsection (d) of this 
    Section,  contains a policy evaluation process to assess the 
    outcomes and effectiveness of the policy  that includes, but 
    is not limited to, factors such as the frequency of 
    victimization; student, staff, and family observations of 
    safety at a school; identification of areas of a school 
    where bullying occurs; the types of bullying utilized; and 
    bystander intervention or participation.  The school 
    district, charter school, or non-public, non-sectarian 
    elementary or secondary school may use relevant data and 
    information it already collects for other purposes in the 
    policy evaluation.  The information developed as a result of 
    the policy evaluation must be made available on the 
    Internet website of the school district, charter school, or 
    non-public, non-sectarian elementary or secondary school.   
    If an Internet website is not available, the information 
    must be provided to school administrators, school board 
    members, school personnel, parents, guardians, and 
    students.
        (12) Is consistent with the policies of the school 
    board, charter school, or non-public, non-sectarian 
    elementary or secondary school.
    "Restorative measures" means a continuum of school-based 
alternatives to exclusionary discipline, such as suspensions 
and expulsions, that: (i) are adapted to the particular needs 
of the school and community, (ii) contribute to maintaining 
school safety, (iii) protect the integrity of a positive and 
productive learning climate, (iv) teach students the personal 
and interpersonal skills they will need to be successful in 
school and society, (v) serve to build and restore 
relationships among students, families, schools, and 
communities, and (vi) reduce the likelihood of future 
disruption by balancing accountability with an understanding 
of students' behavioral health needs in order to keep students 
in school. 
    "School personnel" means persons employed by, on contract 
with, or who volunteer in a school district, charter schools, 
or non-public, non-sectarian elementary or secondary school, 
including without limitation school and school district 
administrators, teachers, school guidance counselors, school 
social workers, school counselors, school psychologists, 
school nurses, cafeteria workers, custodians, bus drivers, 
school resource officers, and security guards. 
    (c)  (Blank).


    (d)   Each school district, charter school, and non-public, 
non-sectarian elementary or secondary school shall  create, and 
maintain, and implement a policy on bullying, which policy must 
be filed with the State Board of Education. Every 2 years, each 
school district, charter school, and non-public, non-sectarian 
elementary or secondary school shall conduct a review and 
re-evaluation of its policy and make any necessary and 
appropriate revisions.  Each school district and non-public, 
non-sectarian elementary or secondary school must communicate 
its policy on bullying to its students and their parent or 
guardian on an annual basis. The policy must be updated every 2 
years and filed with the State Board of Education after being 
updated. The State Board of Education shall monitor and provide 
technical support for the implementation of policies created 
under this subsection (d).
    (e) This Section shall not be interpreted to prevent a 
victim from seeking redress under any other available civil or 
criminal law.
Nothing in this Section is intended to infringe 
upon any right to exercise free expression or the free exercise 
of religion or religiously based views protected under the 
First Amendment to the United States Constitution or under 
Section 3 or 4 of Article 1 of the Illinois Constitution.
(Source: P.A. 95-198, eff. 1-1-08; 95-349, eff. 8-23-07; 
95-876, eff. 8-21-08; 96-952, eff. 6-28-10.)
 


    (105 ILCS 5/27A-5)


    Sec. 27A-5. Charter school; legal entity; requirements. 

    (a) A charter school shall be a public, nonsectarian, 
nonreligious, non-home
based, and non-profit school.  A charter 
school shall be organized and operated
as a nonprofit 
corporation or other discrete, legal, nonprofit entity

authorized under the laws of the State of Illinois.

    (b) A charter school may be established under this Article 
by creating a new
school or by converting an existing public 
school or attendance center to
charter
school status.
Beginning 
on the effective date of this amendatory Act of the 93rd 
General
Assembly, in all new
applications submitted to the 
State Board or a local school board 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 this
amendatory Act
of the 
93rd General
Assembly do not apply to charter schools existing 
or approved on or before the
effective date of this
amendatory 
Act.
    (b-5)  In this subsection (b-5), "virtual-schooling" means 
the teaching of courses through online methods with online 
instructors, rather than the instructor and student being at 
the same physical location.  "Virtual-schooling" includes 
without limitation instruction provided by full-time, online 
virtual schools.
    From April 1, 2013 through April 1, 2014, 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.
    On or before March 1, 2014, the Commission shall submit to 
the General Assembly a report on the effect of 
virtual-schooling, including without limitation the effect on 
student performance, the costs associated with 
virtual-schooling, and issues with oversight. The report shall 
include policy recommendations for virtual-schooling. 

    (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.

    (d) A charter school shall comply with all applicable 
health and safety
requirements applicable to public schools 
under the laws of the State of
Illinois.

    (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. Annually, by December 1, every charter school must 
submit to 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. 

    (g) A charter school shall comply with all provisions of 
this Article, the Illinois Educational Labor Relations Act, and

its charter.  A charter
school is exempt from all other State 
laws and regulations in this the School Code
governing public

schools and local school board policies, except the following:


        (1) Sections 10-21.9 and 34-18.5 of this the School 
    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 24-24 and 34-84A of this the School Code 
    regarding discipline of
students;


        (3) the 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 The Abused and Neglected Child Reporting Act;


        (6) the The Illinois School Student Records Act;


        (7) Section 10-17a of this the School Code regarding 
    school report cards; and

        (8) the The P-20 Longitudinal Education Data System 
    Act; and . 
        (9) Section 27-23.7 of this Code regarding bullying 
    prevention. 
    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 the 
effective date of this amendatory Act of the 93rd General

Assembly 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 the
effective date of this amendatory Act of the 93rd 
General Assembly 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 Commission, 
then the Commission charter school is its own local education 
agency. 
(Source: P.A. 97-152, eff. 7-20-11; 97-154, eff. 1-1-12; 
97-813, eff. 7-13-12; 98-16, eff. 5-24-13.)

 
    Section 99. Effective date. This Act takes effect upon 
becoming law.