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Public Act 103-0641 Public Act 0641 103RD GENERAL ASSEMBLY | Public Act 103-0641 | SB3473 Enrolled | LRB103 36420 RJT 66522 b |
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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. |
Effective Date: 7/1/2024
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