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Public Act 099-0927 | ||||
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AN ACT concerning State government.
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Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
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Section 5. The School Code is amended by changing Sections | ||||
27-8.1 and 27A-5 as follows: | ||||
(105 ILCS 5/27-8.1) (from Ch. 122, par. 27-8.1) | ||||
Sec. 27-8.1. Health examinations and immunizations. | ||||
(1) In compliance with rules and regulations which the | ||||
Department of Public
Health shall promulgate, and except as | ||||
hereinafter provided, all children in
Illinois shall have a | ||||
health examination as follows: within one year prior to
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entering kindergarten or the first grade of any public, | ||||
private, or parochial
elementary school; upon entering the | ||||
sixth and ninth grades of any public,
private, or parochial | ||||
school; prior to entrance into any public, private, or
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parochial nursery school; and, irrespective of grade, | ||||
immediately prior to or
upon entrance into any public, private, | ||||
or parochial school or nursery school,
each child shall present | ||||
proof of having been examined in accordance with this
Section | ||||
and the rules and regulations promulgated hereunder. Any child | ||||
who received a health examination within one year prior to | ||||
entering the fifth grade for the 2007-2008 school year is not | ||||
required to receive an additional health examination in order |
to comply with the provisions of Public Act 95-422 when he or | ||
she attends school for the 2008-2009 school year, unless the | ||
child is attending school for the first time as provided in | ||
this paragraph. | ||
A tuberculosis skin test screening shall be included as a | ||
required part of
each health examination included under this | ||
Section if the child resides in an
area designated by the | ||
Department of Public Health as having a high incidence
of | ||
tuberculosis. Additional health examinations of pupils, | ||
including eye examinations, may be required when deemed | ||
necessary by school
authorities. Parents are encouraged to have | ||
their children undergo eye examinations at the same points in | ||
time required for health
examinations. | ||
(1.5) In compliance with rules adopted by the Department of | ||
Public Health and except as otherwise provided in this Section, | ||
all children in kindergarten and the second and sixth grades of | ||
any public, private, or parochial school shall have a dental | ||
examination. Each of these children shall present proof of | ||
having been examined by a dentist in accordance with this | ||
Section and rules adopted under this Section before May 15th of | ||
the school year. If a child in the second or sixth grade fails | ||
to present proof by May 15th, the school may hold the child's | ||
report card until one of the following occurs: (i) the child | ||
presents proof of a completed dental examination or (ii) the | ||
child presents proof that a dental examination will take place | ||
within 60 days after May 15th. The Department of Public Health |
shall establish, by rule, a waiver for children who show an | ||
undue burden or a lack of access to a dentist. Each public, | ||
private, and parochial school must give notice of this dental | ||
examination requirement to the parents and guardians of | ||
students at least 60 days before May 15th of each school year.
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(1.10) Except as otherwise provided in this Section, all | ||
children enrolling in kindergarten in a public, private, or | ||
parochial school on or after the effective date of this | ||
amendatory Act of the 95th General Assembly and any student | ||
enrolling for the first time in a public, private, or parochial | ||
school on or after the effective date of this amendatory Act of | ||
the 95th General Assembly shall have an eye examination. Each | ||
of these children shall present proof of having been examined | ||
by a physician licensed to practice medicine in all of its | ||
branches or a licensed optometrist within the previous year, in | ||
accordance with this Section and rules adopted under this | ||
Section, before October 15th of the school year. If the child | ||
fails to present proof by October 15th, the school may hold the | ||
child's report card until one of the following occurs: (i) the | ||
child presents proof of a completed eye examination or (ii) the | ||
child presents proof that an eye examination will take place | ||
within 60 days after October 15th. The Department of Public | ||
Health shall establish, by rule, a waiver for children who show | ||
an undue burden or a lack of access to a physician licensed to | ||
practice medicine in all of its branches who provides eye | ||
examinations or to a licensed optometrist. Each public, |
private, and parochial school must give notice of this eye | ||
examination requirement to the parents and guardians of | ||
students in compliance with rules of the Department of Public | ||
Health. Nothing in this Section shall be construed to allow a | ||
school to exclude a child from attending because of a parent's | ||
or guardian's failure to obtain an eye examination for the | ||
child.
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(2) The Department of Public Health shall promulgate rules | ||
and regulations
specifying the examinations and procedures | ||
that constitute a health examination, which shall include an | ||
age-appropriate developmental screening, an age-appropriate | ||
social and emotional screening, and the collection of data | ||
relating to obesity
(including at a minimum, date of birth, | ||
gender, height, weight, blood pressure, and date of exam),
and | ||
a dental examination and may recommend by rule that certain | ||
additional examinations be performed.
The rules and | ||
regulations of the Department of Public Health shall specify | ||
that
a tuberculosis skin test screening shall be included as a | ||
required part of each
health examination included under this | ||
Section if the child resides in an area
designated by the | ||
Department of Public Health as having a high incidence of
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tuberculosis.
With respect to the developmental screening and | ||
the social and emotional screening, the Department of Public | ||
Health must develop rules and appropriate revisions to the | ||
Child Health Examination form in conjunction with a statewide | ||
organization representing school boards; a statewide |
organization representing pediatricians; statewide | ||
organizations representing individuals holding Illinois | ||
educator licenses with school support personnel endorsements, | ||
including school social workers, school psychologists, and | ||
school nurses; a statewide organization representing | ||
children's mental health experts; a statewide organization | ||
representing school principals; the Director of Healthcare and | ||
Family Services or his or her designee, the State | ||
Superintendent of Education or his or her designee; and | ||
representatives of other appropriate State agencies and, at a | ||
minimum, must recommend the use of validated screening tools | ||
appropriate to the child's age or grade, and, with regard to | ||
the social and emotional screening, require recording only | ||
whether or not the screening was completed. The rules shall | ||
take into consideration the screening recommendations of the | ||
American Academy of Pediatrics and must be consistent with the | ||
State Board of Education's social and emotional learning | ||
standards. The Department of Public Health shall specify that a | ||
diabetes
screening as defined by rule shall be included as a | ||
required part of each
health examination.
Diabetes testing is | ||
not required. | ||
Physicians licensed to practice medicine in all of its | ||
branches, licensed advanced
practice nurses, or licensed | ||
physician assistants shall be
responsible for the performance | ||
of the health examinations, other than dental
examinations, eye | ||
examinations, and vision and hearing screening, and shall sign |
all report forms
required by subsection (4) of this Section | ||
that pertain to those portions of
the health examination for | ||
which the physician, advanced practice nurse, or
physician | ||
assistant is responsible.
If a registered
nurse performs any | ||
part of a health examination, then a physician licensed to
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practice medicine in all of its branches must review and sign | ||
all required
report forms. Licensed dentists shall perform all | ||
dental examinations and
shall sign all report forms required by | ||
subsection (4) of this Section that
pertain to the dental | ||
examinations. Physicians licensed to practice medicine
in all | ||
its branches or licensed optometrists shall perform all eye | ||
examinations
required by this Section and shall sign all report | ||
forms required by
subsection (4) of this Section that pertain | ||
to the eye examination. For purposes of this Section, an eye | ||
examination shall at a minimum include history, visual acuity, | ||
subjective refraction to best visual acuity near and far, | ||
internal and external examination, and a glaucoma evaluation, | ||
as well as any other tests or observations that in the | ||
professional judgment of the doctor are necessary. Vision and
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hearing screening tests, which shall not be considered | ||
examinations as that
term is used in this Section, shall be | ||
conducted in accordance with rules and
regulations of the | ||
Department of Public Health, and by individuals whom the
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Department of Public Health has certified.
In these rules and | ||
regulations, the Department of Public Health shall
require that | ||
individuals conducting vision screening tests give a child's
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parent or guardian written notification, before the vision | ||
screening is
conducted, that states, "Vision screening is not a | ||
substitute for a
complete eye and vision evaluation by an eye | ||
doctor. Your child is not
required to undergo this vision | ||
screening if an optometrist or
ophthalmologist has completed | ||
and signed a report form indicating that
an examination has | ||
been administered within the previous 12 months." | ||
(2.5) With respect to the developmental screening and the | ||
social and emotional screening portion of the health | ||
examination, each child may present proof of having been | ||
screened in accordance with this Section and the rules adopted | ||
under this Section before October 15th of the school year. With | ||
regard to the social and emotional screening only, the | ||
examining health care provider shall only record whether or not | ||
the screening was completed. If the child fails to present | ||
proof of the developmental screening or the social and | ||
emotional screening portions of the health examination by | ||
October 15th of the school year, qualified school support | ||
personnel may, with a parent's or guardian's consent, offer the | ||
developmental screening or the social and emotional screening | ||
to the child. Each public, private, and parochial school must | ||
give notice of the developmental screening and social and | ||
emotional screening requirements to the parents and guardians | ||
of students in compliance with the rules of the Department of | ||
Public Health. Nothing in this Section shall be construed to | ||
allow a school to exclude a child from attending because of a |
parent's or guardian's failure to obtain a developmental | ||
screening or a social and emotional screening for the child. | ||
Once a developmental screening or a social and emotional | ||
screening is completed and proof has been presented to the | ||
school, the school may, with a parent's or guardian's consent, | ||
make available appropriate school personnel to work with the | ||
parent or guardian, the child, and the provider who signed the | ||
screening form to obtain any appropriate evaluations and | ||
services as indicated on the form and in other information and | ||
documentation provided by the parents, guardians, or provider. | ||
(3) Every child shall, at or about the same time as he or | ||
she receives
a health examination required by subsection (1) of | ||
this Section, present
to the local school proof of having | ||
received such immunizations against
preventable communicable | ||
diseases as the Department of Public Health shall
require by | ||
rules and regulations promulgated pursuant to this Section and | ||
the
Communicable Disease Prevention Act. | ||
(4) The individuals conducting the health examination,
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dental examination, or eye examination shall record the
fact of | ||
having conducted the examination, and such additional | ||
information as
required, including for a health examination
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data relating to obesity
(including at a minimum, date of | ||
birth, gender, height, weight, blood pressure, and date of | ||
exam), on uniform forms which the Department of Public Health | ||
and the State
Board of Education shall prescribe for statewide | ||
use. The examiner shall
summarize on the report form any |
condition that he or she suspects indicates a
need for special | ||
services, including for a health examination factors relating | ||
to obesity. The duty to summarize on the report form does not | ||
apply to social and emotional screenings. The confidentiality | ||
of the information and records relating to the developmental | ||
screening and the social and emotional screening shall be | ||
determined by the statutes, rules, and professional ethics | ||
governing the type of provider conducting the screening. The | ||
individuals confirming the administration of
required | ||
immunizations shall record as indicated on the form that the
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immunizations were administered. | ||
(5) If a child does not submit proof of having had either | ||
the health
examination or the immunization as required, then | ||
the child shall be examined
or receive the immunization, as the | ||
case may be, and present proof by October
15 of the current | ||
school year, or by an earlier date of the current school year
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established by a school district. To establish a date before | ||
October 15 of the
current school year for the health | ||
examination or immunization as required, a
school district must | ||
give notice of the requirements of this Section 60 days
prior | ||
to the earlier established date. If for medical reasons one or | ||
more of
the required immunizations must be given after October | ||
15 of the current school
year, or after an earlier established | ||
date of the current school year, then
the child shall present, | ||
by October 15, or by the earlier established date, a
schedule | ||
for the administration of the immunizations and a statement of |
the
medical reasons causing the delay, both the schedule and | ||
the statement being
issued by the physician, advanced practice | ||
nurse, physician assistant,
registered nurse, or local health | ||
department that will
be responsible for administration of the | ||
remaining required immunizations. If
a child does not comply by | ||
October 15, or by the earlier established date of
the current | ||
school year, with the requirements of this subsection, then the
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local school authority shall exclude that child from school | ||
until such time as
the child presents proof of having had the | ||
health examination as required and
presents proof of having | ||
received those required immunizations which are
medically | ||
possible to receive immediately. During a child's exclusion | ||
from
school for noncompliance with this subsection, the child's | ||
parents or legal
guardian shall be considered in violation of | ||
Section 26-1 and subject to any
penalty imposed by Section | ||
26-10. This subsection (5) does not apply to dental | ||
examinations , and eye examinations , and the developmental | ||
screening and the social and emotional screening portions of | ||
the health examination . If the student is an out-of-state | ||
transfer student and does not have the proof required under | ||
this subsection (5) before October 15 of the current year or | ||
whatever date is set by the school district, then he or she may | ||
only attend classes (i) if he or she has proof that an | ||
appointment for the required vaccinations has been scheduled | ||
with a party authorized to submit proof of the required | ||
vaccinations. If the proof of vaccination required under this |
subsection (5) is not submitted within 30 days after the | ||
student is permitted to attend classes, then the student is not | ||
to be permitted to attend classes until proof of the | ||
vaccinations has been properly submitted. No school district or | ||
employee of a school district shall be held liable for any | ||
injury or illness to another person that results from admitting | ||
an out-of-state transfer student to class that has an | ||
appointment scheduled pursuant to this subsection (5). | ||
(6) Every school shall report to the State Board of | ||
Education by November
15, in the manner which that agency shall | ||
require, the number of children who
have received the necessary | ||
immunizations and the health examination (other than a dental | ||
examination or eye examination) as
required, indicating, of | ||
those who have not received the immunizations and
examination | ||
as required, the number of children who are exempt from health
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examination and immunization requirements on religious or | ||
medical grounds as
provided in subsection (8). On or before | ||
December 1 of each year, every public school district and | ||
registered nonpublic school shall make publicly available the | ||
immunization data they are required to submit to the State | ||
Board of Education by November 15. The immunization data made | ||
publicly available must be identical to the data the school | ||
district or school has reported to the State Board of | ||
Education. | ||
Every school shall report to the State Board of Education | ||
by June 30, in the manner that the State Board requires, the |
number of children who have received the required dental | ||
examination, indicating, of those who have not received the | ||
required dental examination, the number of children who are | ||
exempt from the dental examination on religious grounds as | ||
provided in subsection (8) of this Section and the number of | ||
children who have received a waiver under subsection (1.5) of | ||
this Section. | ||
Every school shall report to the State Board of Education | ||
by June 30, in the manner that the State Board requires, the | ||
number of children who have received the required eye | ||
examination, indicating, of those who have not received the | ||
required eye examination, the number of children who are exempt | ||
from the eye examination as provided in subsection (8) of this | ||
Section, the number of children who have received a waiver | ||
under subsection (1.10) of this Section, and the total number | ||
of children in noncompliance with the eye examination | ||
requirement. | ||
The reported information under this subsection (6) shall be | ||
provided to the
Department of Public Health by the State Board | ||
of Education. | ||
(7) Upon determining that the number of pupils who are | ||
required to be in
compliance with subsection (5) of this | ||
Section is below 90% of the number of
pupils enrolled in the | ||
school district, 10% of each State aid payment made
pursuant to | ||
Section 18-8.05 to the school district for such year may be | ||
withheld
by the State Board of Education until the number of |
students in compliance with
subsection (5) is the applicable | ||
specified percentage or higher. | ||
(8) Children of parents or legal guardians who object to | ||
health, dental, or eye examinations or any part thereof, to | ||
immunizations, or to vision and hearing screening tests on | ||
religious grounds shall not be required to undergo the | ||
examinations, tests, or immunizations to which they so object | ||
if such parents or legal guardians present to the appropriate | ||
local school authority a signed Certificate of Religious | ||
Exemption detailing the grounds for objection and the specific | ||
immunizations, tests, or examinations to which they object. The | ||
grounds for objection must set forth the specific religious | ||
belief that conflicts with the examination, test, | ||
immunization, or other medical intervention. The signed | ||
certificate shall also reflect the parent's or legal guardian's | ||
understanding of the school's exclusion policies in the case of | ||
a vaccine-preventable disease outbreak or exposure. The | ||
certificate must also be signed by the authorized examining | ||
health care provider responsible for the performance of the | ||
child's health examination confirming that the provider | ||
provided education to the parent or legal guardian on the | ||
benefits of immunization and the health risks to the student | ||
and to the community of the communicable diseases for which | ||
immunization is required in this State. However, the health | ||
care provider's signature on the certificate reflects only that | ||
education was provided and does not allow a health care |
provider grounds to determine a religious exemption. Those | ||
receiving immunizations required under this Code shall be | ||
provided with the relevant vaccine information statements that | ||
are required to be disseminated by the federal National | ||
Childhood Vaccine Injury Act of 1986, which may contain | ||
information on circumstances when a vaccine should not be | ||
administered, prior to administering a vaccine. A healthcare | ||
provider may consider including without limitation the | ||
nationally accepted recommendations from federal agencies such | ||
as the Advisory Committee on Immunization Practices, the | ||
information outlined in the relevant vaccine information | ||
statement, and vaccine package inserts, along with the | ||
healthcare provider's clinical judgment, to determine whether | ||
any child may be more susceptible to experiencing an adverse | ||
vaccine reaction than the general population, and, if so, the | ||
healthcare provider may exempt the child from an immunization | ||
or adopt an individualized immunization schedule. The | ||
Certificate of Religious Exemption shall be created by the | ||
Department of Public Health and shall be made available and | ||
used by parents and legal guardians by the beginning of the | ||
2015-2016 school year. Parents or legal guardians must submit | ||
the Certificate of Religious Exemption to their local school | ||
authority prior to entering kindergarten, sixth grade, and | ||
ninth grade for each child for which they are requesting an | ||
exemption. The religious objection stated need not be directed | ||
by the tenets of an established religious organization. |
However, general philosophical or moral reluctance to allow | ||
physical examinations, eye examinations, immunizations, vision | ||
and hearing screenings, or dental examinations does not provide | ||
a sufficient basis for an exception to statutory requirements. | ||
The local school authority is responsible for determining if
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the content of the Certificate of Religious Exemption
| ||
constitutes a valid religious objection.
The local school | ||
authority shall inform the parent or legal guardian of | ||
exclusion procedures, in accordance with the Department's | ||
rules under Part 690 of Title 77 of the Illinois Administrative | ||
Code, at the time the objection is presented. | ||
If the physical condition
of the child is such that any one | ||
or more of the immunizing agents should not
be administered, | ||
the examining physician, advanced practice nurse, or
physician | ||
assistant responsible for the performance of the
health | ||
examination shall endorse that fact upon the health examination | ||
form. | ||
Exempting a child from the health,
dental, or eye | ||
examination does not exempt the child from
participation in the | ||
program of physical education training provided in
Sections | ||
27-5 through 27-7 of this Code. | ||
(9) For the purposes of this Section, "nursery schools" | ||
means those nursery
schools operated by elementary school | ||
systems or secondary level school units
or institutions of | ||
higher learning. | ||
(Source: P.A. 98-673, eff. 6-30-14; 99-173, eff. 7-29-15; |
99-249, eff. 8-3-15; 99-642, eff. 7-28-16.)
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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.
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. | ||
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) 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;
| ||
(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; and | ||
(11) Sections Section 22-80 and 27-8.1 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 Commission, | ||
then the Commission charter school is its own local education | ||
agency. | ||
(Source: P.A. 98-16, eff. 5-24-13; 98-639, eff. 6-9-14; 98-669, | ||
eff. 6-26-14; 98-739, eff. 7-16-14; 98-783, eff. 1-1-15; | ||
98-1059, eff. 8-26-14; 98-1102, eff. 8-26-14; 99-30, eff. | ||
7-10-15; 99-78, eff. 7-20-15; 99-245, eff. 8-3-15; 99-325, eff. | ||
8-10-15; 99-456, eff. 9-15-16; 99-642, eff. 7-28-16.)
| ||
Section 99. Effective date. This Act takes effect June 1, | ||
2017. |