Illinois 2023-2024 Regular Session

Illinois House Bill HB1481 Latest Draft

Bill / Introduced Version Filed 01/26/2023

                            103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1481 Introduced , by Rep. La Shawn K. Ford SYNOPSIS AS INTRODUCED:  105 ILCS 5/27A-5 105 ILCS 5/28-22 new  Amends the Instructional Materials Article of the School Code. Provides that a school district (including a charter school) shall require that books that are included as a part of any course, material, instruction, reading assignment, or other school curricula related to literature during the school year or that appear on summer reading lists must include books that are written by diverse authors, including, but not limited to, authors who are African American, women, Native American, LatinX, and Asian. Provides that reading material may not perpetuate bias against persons based on specified categories. Provides that for any school district utilizing federal funds under Title I, Part A of the federal Elementary and Secondary Education Act of 1965, the selection of each book to be included in a reading assignment, course material and instruction, or other school curricula related to literature must first receive prior approval from the school board before the book may be included. Provides that the criteria for the approval or denial of a book shall be determined by school board policy, but the minimum requirement is that the book may not be approved by the school board if the book contains language or material that is derogatory or racist or incites hate against any persons. Provides for rulemaking and guidelines. Effective immediately.  LRB103 03522 RJT 48528 b STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY   A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1481 Introduced , by Rep. La Shawn K. Ford SYNOPSIS AS INTRODUCED:  105 ILCS 5/27A-5 105 ILCS 5/28-22 new 105 ILCS 5/27A-5  105 ILCS 5/28-22 new  Amends the Instructional Materials Article of the School Code. Provides that a school district (including a charter school) shall require that books that are included as a part of any course, material, instruction, reading assignment, or other school curricula related to literature during the school year or that appear on summer reading lists must include books that are written by diverse authors, including, but not limited to, authors who are African American, women, Native American, LatinX, and Asian. Provides that reading material may not perpetuate bias against persons based on specified categories. Provides that for any school district utilizing federal funds under Title I, Part A of the federal Elementary and Secondary Education Act of 1965, the selection of each book to be included in a reading assignment, course material and instruction, or other school curricula related to literature must first receive prior approval from the school board before the book may be included. Provides that the criteria for the approval or denial of a book shall be determined by school board policy, but the minimum requirement is that the book may not be approved by the school board if the book contains language or material that is derogatory or racist or incites hate against any persons. Provides for rulemaking and guidelines. Effective immediately.  LRB103 03522 RJT 48528 b     LRB103 03522 RJT 48528 b   STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY  STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY   A BILL FOR
103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1481 Introduced , by Rep. La Shawn K. Ford SYNOPSIS AS INTRODUCED:
105 ILCS 5/27A-5 105 ILCS 5/28-22 new 105 ILCS 5/27A-5  105 ILCS 5/28-22 new
105 ILCS 5/27A-5
105 ILCS 5/28-22 new
Amends the Instructional Materials Article of the School Code. Provides that a school district (including a charter school) shall require that books that are included as a part of any course, material, instruction, reading assignment, or other school curricula related to literature during the school year or that appear on summer reading lists must include books that are written by diverse authors, including, but not limited to, authors who are African American, women, Native American, LatinX, and Asian. Provides that reading material may not perpetuate bias against persons based on specified categories. Provides that for any school district utilizing federal funds under Title I, Part A of the federal Elementary and Secondary Education Act of 1965, the selection of each book to be included in a reading assignment, course material and instruction, or other school curricula related to literature must first receive prior approval from the school board before the book may be included. Provides that the criteria for the approval or denial of a book shall be determined by school board policy, but the minimum requirement is that the book may not be approved by the school board if the book contains language or material that is derogatory or racist or incites hate against any persons. Provides for rulemaking and guidelines. Effective immediately.
LRB103 03522 RJT 48528 b     LRB103 03522 RJT 48528 b
    LRB103 03522 RJT 48528 b
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY  STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY
 STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY
A BILL FOR
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1  AN ACT concerning education.
2  Be it enacted by the People of the State of Illinois,
3  represented in the General Assembly:
4  Section 5. The School Code is amended by changing Section
5  27A-5 and by adding Section 28-22 as follows:
6  (105 ILCS 5/27A-5)
7  (Text of Section before amendment by P.A. 102-466,
8  102-702, and 102-805)
9  Sec. 27A-5. Charter school; legal entity; requirements.
10  (a) A charter school shall be a public, nonsectarian,
11  nonreligious, non-home based, and non-profit school. A charter
12  school shall be organized and operated as a nonprofit
13  corporation or other discrete, legal, nonprofit entity
14  authorized under the laws of the State of Illinois.
15  (b) A charter school may be established under this Article
16  by creating a new school or by converting an existing public
17  school or attendance center to charter school status.
18  Beginning on April 16, 2003 (the effective date of Public Act
19  93-3), in all new applications to establish a charter school
20  in a city having a population exceeding 500,000, operation of
21  the charter school shall be limited to one campus. The changes
22  made to this Section by Public Act 93-3 do not apply to charter
23  schools existing or approved on or before April 16, 2003 (the

 

103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1481 Introduced , by Rep. La Shawn K. Ford SYNOPSIS AS INTRODUCED:
105 ILCS 5/27A-5 105 ILCS 5/28-22 new 105 ILCS 5/27A-5  105 ILCS 5/28-22 new
105 ILCS 5/27A-5
105 ILCS 5/28-22 new
Amends the Instructional Materials Article of the School Code. Provides that a school district (including a charter school) shall require that books that are included as a part of any course, material, instruction, reading assignment, or other school curricula related to literature during the school year or that appear on summer reading lists must include books that are written by diverse authors, including, but not limited to, authors who are African American, women, Native American, LatinX, and Asian. Provides that reading material may not perpetuate bias against persons based on specified categories. Provides that for any school district utilizing federal funds under Title I, Part A of the federal Elementary and Secondary Education Act of 1965, the selection of each book to be included in a reading assignment, course material and instruction, or other school curricula related to literature must first receive prior approval from the school board before the book may be included. Provides that the criteria for the approval or denial of a book shall be determined by school board policy, but the minimum requirement is that the book may not be approved by the school board if the book contains language or material that is derogatory or racist or incites hate against any persons. Provides for rulemaking and guidelines. Effective immediately.
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    LRB103 03522 RJT 48528 b
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY  STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY
 STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY
A BILL FOR

 

 

105 ILCS 5/27A-5
105 ILCS 5/28-22 new



    LRB103 03522 RJT 48528 b

 STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY



 

 



 

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1  effective date of Public Act 93-3).
2  (b-5) In this subsection (b-5), "virtual-schooling" means
3  a cyber school where students engage in online curriculum and
4  instruction via the Internet and electronic communication with
5  their teachers at remote locations and with students
6  participating at different times.
7  From April 1, 2013 through December 31, 2016, there is a
8  moratorium on the establishment of charter schools with
9  virtual-schooling components in school districts other than a
10  school district organized under Article 34 of this Code. This
11  moratorium does not apply to a charter school with
12  virtual-schooling components existing or approved prior to
13  April 1, 2013 or to the renewal of the charter of a charter
14  school with virtual-schooling components already approved
15  prior to April 1, 2013.
16  (c) A charter school shall be administered and governed by
17  its board of directors or other governing body in the manner
18  provided in its charter. The governing body of a charter
19  school shall be subject to the Freedom of Information Act and
20  the Open Meetings Act. No later than January 1, 2021 (one year
21  after the effective date of Public Act 101-291), a charter
22  school's board of directors or other governing body must
23  include at least one parent or guardian of a pupil currently
24  enrolled in the charter school who may be selected through the
25  charter school or a charter network election, appointment by
26  the charter school's board of directors or other governing

 

 

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1  body, or by the charter school's Parent Teacher Organization
2  or its equivalent.
3  (c-5) No later than January 1, 2021 (one year after the
4  effective date of Public Act 101-291) or within the first year
5  of his or her first term, every voting member of a charter
6  school's board of directors or other governing body shall
7  complete a minimum of 4 hours of professional development
8  leadership training to ensure that each member has sufficient
9  familiarity with the board's or governing body's role and
10  responsibilities, including financial oversight and
11  accountability of the school, evaluating the principal's and
12  school's performance, adherence to the Freedom of Information
13  Act and the Open Meetings Act, and compliance with education
14  and labor law. In each subsequent year of his or her term, a
15  voting member of a charter school's board of directors or
16  other governing body shall complete a minimum of 2 hours of
17  professional development training in these same areas. The
18  training under this subsection may be provided or certified by
19  a statewide charter school membership association or may be
20  provided or certified by other qualified providers approved by
21  the State Board of Education.
22  (d) For purposes of this subsection (d), "non-curricular
23  health and safety requirement" means any health and safety
24  requirement created by statute or rule to provide, maintain,
25  preserve, or safeguard safe or healthful conditions for
26  students and school personnel or to eliminate, reduce, or

 

 

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1  prevent threats to the health and safety of students and
2  school personnel. "Non-curricular health and safety
3  requirement" does not include any course of study or
4  specialized instructional requirement for which the State
5  Board has established goals and learning standards or which is
6  designed primarily to impart knowledge and skills for students
7  to master and apply as an outcome of their education.
8  A charter school shall comply with all non-curricular
9  health and safety requirements applicable to public schools
10  under the laws of the State of Illinois. On or before September
11  1, 2015, the State Board shall promulgate and post on its
12  Internet website a list of non-curricular health and safety
13  requirements that a charter school must meet. The list shall
14  be updated annually no later than September 1. Any charter
15  contract between a charter school and its authorizer must
16  contain a provision that requires the charter school to follow
17  the list of all non-curricular health and safety requirements
18  promulgated by the State Board and any non-curricular health
19  and safety requirements added by the State Board to such list
20  during the term of the charter. Nothing in this subsection (d)
21  precludes an authorizer from including non-curricular health
22  and safety requirements in a charter school contract that are
23  not contained in the list promulgated by the State Board,
24  including non-curricular health and safety requirements of the
25  authorizing local school board.
26  (e) Except as otherwise provided in the School Code, a

 

 

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1  charter school shall not charge tuition; provided that a
2  charter school may charge reasonable fees for textbooks,
3  instructional materials, and student activities.
4  (f) A charter school shall be responsible for the
5  management and operation of its fiscal affairs, including, but
6  not limited to, the preparation of its budget. An audit of each
7  charter school's finances shall be conducted annually by an
8  outside, independent contractor retained by the charter
9  school. The contractor shall not be an employee of the charter
10  school or affiliated with the charter school or its authorizer
11  in any way, other than to audit the charter school's finances.
12  To ensure financial accountability for the use of public
13  funds, on or before December 1 of every year of operation, each
14  charter school shall submit to its authorizer and the State
15  Board a copy of its audit and a copy of the Form 990 the
16  charter school filed that year with the federal Internal
17  Revenue Service. In addition, if deemed necessary for proper
18  financial oversight of the charter school, an authorizer may
19  require quarterly financial statements from each charter
20  school.
21  (g) A charter school shall comply with all provisions of
22  this Article, the Illinois Educational Labor Relations Act,
23  all federal and State laws and rules applicable to public
24  schools that pertain to special education and the instruction
25  of English learners, and its charter. A charter school is
26  exempt from all other State laws and regulations in this Code

 

 

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1  governing public schools and local school board policies;
2  however, a charter school is not exempt from the following:
3  (1) Sections 10-21.9 and 34-18.5 of this Code
4  regarding criminal history records checks and checks of
5  the Statewide Sex Offender Database and Statewide Murderer
6  and Violent Offender Against Youth Database of applicants
7  for employment;
8  (2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and
9  34-84a of this Code regarding discipline of students;
10  (3) the Local Governmental and Governmental Employees
11  Tort Immunity Act;
12  (4) Section 108.75 of the General Not For Profit
13  Corporation Act of 1986 regarding indemnification of
14  officers, directors, employees, and agents;
15  (5) the Abused and Neglected Child Reporting Act;
16  (5.5) subsection (b) of Section 10-23.12 and
17  subsection (b) of Section 34-18.6 of this Code;
18  (6) the Illinois School Student Records Act;
19  (7) Section 10-17a of this Code regarding school
20  report cards;
21  (8) the P-20 Longitudinal Education Data System Act;
22  (9) Section 27-23.7 of this Code regarding bullying
23  prevention;
24  (10) Section 2-3.162 of this Code regarding student
25  discipline reporting;
26  (11) Sections 22-80 and 27-8.1 of this Code;

 

 

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1  (12) Sections 10-20.60 and 34-18.53 of this Code;
2  (13) Sections 10-20.63 and 34-18.56 of this Code;
3  (14) Sections 22-90 and 26-18 of this Code;
4  (15) Section 22-30 of this Code;
5  (16) Sections 24-12 and 34-85 of this Code;
6  (17) the Seizure Smart School Act;
7  (18) Section 2-3.64a-10 of this Code;
8  (19) Sections 10-20.73 and 34-21.9 of this Code;
9  (20) Section 10-22.25b of this Code;
10  (21) Section 27-9.1a of this Code;
11  (22) Section 27-9.1b of this Code;
12  (23) Section 34-18.8 of this Code;
13  (25) Section 2-3.188 of this Code;
14  (26) Section 22-85.5 of this Code;
15  (27) subsections Subsections (d-10), (d-15), and
16  (d-20) of Section 10-20.56 of this Code; and
17  (28) Sections 10-20.83 and 34-18.78 of this Code; and .
18  (33) Section 28-22 of this Code.
19  The change made by Public Act 96-104 to this subsection
20  (g) is declaratory of existing law.
21  (h) A charter school may negotiate and contract with a
22  school district, the governing body of a State college or
23  university or public community college, or any other public or
24  for-profit or nonprofit private entity for: (i) the use of a
25  school building and grounds or any other real property or
26  facilities that the charter school desires to use or convert

 

 

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1  for use as a charter school site, (ii) the operation and
2  maintenance thereof, and (iii) the provision of any service,
3  activity, or undertaking that the charter school is required
4  to perform in order to carry out the terms of its charter.
5  However, a charter school that is established on or after
6  April 16, 2003 (the effective date of Public Act 93-3) and that
7  operates in a city having a population exceeding 500,000 may
8  not contract with a for-profit entity to manage or operate the
9  school during the period that commences on April 16, 2003 (the
10  effective date of Public Act 93-3) and concludes at the end of
11  the 2004-2005 school year. Except as provided in subsection
12  (i) of this Section, a school district may charge a charter
13  school reasonable rent for the use of the district's
14  buildings, grounds, and facilities. Any services for which a
15  charter school contracts with a school district shall be
16  provided by the district at cost. Any services for which a
17  charter school contracts with a local school board or with the
18  governing body of a State college or university or public
19  community college shall be provided by the public entity at
20  cost.
21  (i) In no event shall a charter school that is established
22  by converting an existing school or attendance center to
23  charter school status be required to pay rent for space that is
24  deemed available, as negotiated and provided in the charter
25  agreement, in school district facilities. However, all other
26  costs for the operation and maintenance of school district

 

 

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1  facilities that are used by the charter school shall be
2  subject to negotiation between the charter school and the
3  local school board and shall be set forth in the charter.
4  (j) A charter school may limit student enrollment by age
5  or grade level.
6  (k) If the charter school is approved by the State Board or
7  Commission, then the charter school is its own local education
8  agency.
9  (Source: P.A. 101-50, eff. 7-1-20; 101-81, eff. 7-12-19;
10  101-291, eff. 1-1-20; 101-531, eff. 8-23-19; 101-543, eff.
11  8-23-19; 101-654, eff. 3-8-21; 102-51, eff. 7-9-21; 102-157,
12  eff. 7-1-22; 102-360, eff. 1-1-22; 102-445, eff. 8-20-21;
13  102-522, eff. 8-20-21; 102-558, eff. 8-20-21; 102-676, eff.
14  12-3-21; 102-697, eff. 4-5-22; 102-813, eff. 5-13-22; revised
15  8-16-22.)
16  (Text of Section after amendment by P.A. 102-805 but
17  before amendment by P.A. 102-466 and 102-702)
18  Sec. 27A-5. Charter school; legal entity; requirements.
19  (a) A charter school shall be a public, nonsectarian,
20  nonreligious, non-home based, and non-profit school. A charter
21  school shall be organized and operated as a nonprofit
22  corporation or other discrete, legal, nonprofit entity
23  authorized under the laws of the State of Illinois.
24  (b) A charter school may be established under this Article
25  by creating a new school or by converting an existing public

 

 

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1  school or attendance center to charter school status.
2  Beginning on April 16, 2003 (the effective date of Public Act
3  93-3), in all new applications to establish a charter school
4  in a city having a population exceeding 500,000, operation of
5  the charter school shall be limited to one campus. The changes
6  made to this Section by Public Act 93-3 do not apply to charter
7  schools existing or approved on or before April 16, 2003 (the
8  effective date of Public Act 93-3).
9  (b-5) In this subsection (b-5), "virtual-schooling" means
10  a cyber school where students engage in online curriculum and
11  instruction via the Internet and electronic communication with
12  their teachers at remote locations and with students
13  participating at different times.
14  From April 1, 2013 through December 31, 2016, there is a
15  moratorium on the establishment of charter schools with
16  virtual-schooling components in school districts other than a
17  school district organized under Article 34 of this Code. This
18  moratorium does not apply to a charter school with
19  virtual-schooling components existing or approved prior to
20  April 1, 2013 or to the renewal of the charter of a charter
21  school with virtual-schooling components already approved
22  prior to April 1, 2013.
23  (c) A charter school shall be administered and governed by
24  its board of directors or other governing body in the manner
25  provided in its charter. The governing body of a charter
26  school shall be subject to the Freedom of Information Act and

 

 

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1  the Open Meetings Act. No later than January 1, 2021 (one year
2  after the effective date of Public Act 101-291), a charter
3  school's board of directors or other governing body must
4  include at least one parent or guardian of a pupil currently
5  enrolled in the charter school who may be selected through the
6  charter school or a charter network election, appointment by
7  the charter school's board of directors or other governing
8  body, or by the charter school's Parent Teacher Organization
9  or its equivalent.
10  (c-5) No later than January 1, 2021 (one year after the
11  effective date of Public Act 101-291) or within the first year
12  of his or her first term, every voting member of a charter
13  school's board of directors or other governing body shall
14  complete a minimum of 4 hours of professional development
15  leadership training to ensure that each member has sufficient
16  familiarity with the board's or governing body's role and
17  responsibilities, including financial oversight and
18  accountability of the school, evaluating the principal's and
19  school's performance, adherence to the Freedom of Information
20  Act and the Open Meetings Act, and compliance with education
21  and labor law. In each subsequent year of his or her term, a
22  voting member of a charter school's board of directors or
23  other governing body shall complete a minimum of 2 hours of
24  professional development training in these same areas. The
25  training under this subsection may be provided or certified by
26  a statewide charter school membership association or may be

 

 

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1  provided or certified by other qualified providers approved by
2  the State Board of Education.
3  (d) For purposes of this subsection (d), "non-curricular
4  health and safety requirement" means any health and safety
5  requirement created by statute or rule to provide, maintain,
6  preserve, or safeguard safe or healthful conditions for
7  students and school personnel or to eliminate, reduce, or
8  prevent threats to the health and safety of students and
9  school personnel. "Non-curricular health and safety
10  requirement" does not include any course of study or
11  specialized instructional requirement for which the State
12  Board has established goals and learning standards or which is
13  designed primarily to impart knowledge and skills for students
14  to master and apply as an outcome of their education.
15  A charter school shall comply with all non-curricular
16  health and safety requirements applicable to public schools
17  under the laws of the State of Illinois. On or before September
18  1, 2015, the State Board shall promulgate and post on its
19  Internet website a list of non-curricular health and safety
20  requirements that a charter school must meet. The list shall
21  be updated annually no later than September 1. Any charter
22  contract between a charter school and its authorizer must
23  contain a provision that requires the charter school to follow
24  the list of all non-curricular health and safety requirements
25  promulgated by the State Board and any non-curricular health
26  and safety requirements added by the State Board to such list

 

 

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1  during the term of the charter. Nothing in this subsection (d)
2  precludes an authorizer from including non-curricular health
3  and safety requirements in a charter school contract that are
4  not contained in the list promulgated by the State Board,
5  including non-curricular health and safety requirements of the
6  authorizing local school board.
7  (e) Except as otherwise provided in the School Code, a
8  charter school shall not charge tuition; provided that a
9  charter school may charge reasonable fees for textbooks,
10  instructional materials, and student activities.
11  (f) A charter school shall be responsible for the
12  management and operation of its fiscal affairs, including, but
13  not limited to, the preparation of its budget. An audit of each
14  charter school's finances shall be conducted annually by an
15  outside, independent contractor retained by the charter
16  school. The contractor shall not be an employee of the charter
17  school or affiliated with the charter school or its authorizer
18  in any way, other than to audit the charter school's finances.
19  To ensure financial accountability for the use of public
20  funds, on or before December 1 of every year of operation, each
21  charter school shall submit to its authorizer and the State
22  Board a copy of its audit and a copy of the Form 990 the
23  charter school filed that year with the federal Internal
24  Revenue Service. In addition, if deemed necessary for proper
25  financial oversight of the charter school, an authorizer may
26  require quarterly financial statements from each charter

 

 

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1  school.
2  (g) A charter school shall comply with all provisions of
3  this Article, the Illinois Educational Labor Relations Act,
4  all federal and State laws and rules applicable to public
5  schools that pertain to special education and the instruction
6  of English learners, and its charter. A charter school is
7  exempt from all other State laws and regulations in this Code
8  governing public schools and local school board policies;
9  however, a charter school is not exempt from the following:
10  (1) Sections 10-21.9 and 34-18.5 of this Code
11  regarding criminal history records checks and checks of
12  the Statewide Sex Offender Database and Statewide Murderer
13  and Violent Offender Against Youth Database of applicants
14  for employment;
15  (2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and
16  34-84a of this Code regarding discipline of students;
17  (3) the Local Governmental and Governmental Employees
18  Tort Immunity Act;
19  (4) Section 108.75 of the General Not For Profit
20  Corporation Act of 1986 regarding indemnification of
21  officers, directors, employees, and agents;
22  (5) the Abused and Neglected Child Reporting Act;
23  (5.5) subsection (b) of Section 10-23.12 and
24  subsection (b) of Section 34-18.6 of this Code;
25  (6) the Illinois School Student Records Act;
26  (7) Section 10-17a of this Code regarding school

 

 

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1  report cards;
2  (8) the P-20 Longitudinal Education Data System Act;
3  (9) Section 27-23.7 of this Code regarding bullying
4  prevention;
5  (10) Section 2-3.162 of this Code regarding student
6  discipline reporting;
7  (11) Sections 22-80 and 27-8.1 of this Code;
8  (12) Sections 10-20.60 and 34-18.53 of this Code;
9  (13) Sections 10-20.63 and 34-18.56 of this Code;
10  (14) Sections 22-90 and 26-18 of this Code;
11  (15) Section 22-30 of this Code;
12  (16) Sections 24-12 and 34-85 of this Code;
13  (17) the Seizure Smart School Act;
14  (18) Section 2-3.64a-10 of this Code;
15  (19) Sections 10-20.73 and 34-21.9 of this Code;
16  (20) Section 10-22.25b of this Code;
17  (21) Section 27-9.1a of this Code;
18  (22) Section 27-9.1b of this Code;
19  (23) Section 34-18.8 of this Code;
20  (25) Section 2-3.188 of this Code;
21  (26) Section 22-85.5 of this Code;
22  (27) subsections Subsections (d-10), (d-15), and
23  (d-20) of Section 10-20.56 of this Code; and
24  (28) Sections 10-20.83 and 34-18.78 of this Code; .
25  (29) (27) Section 10-20.13 of this Code;
26  (30) (28) Section 28-19.2 of this Code; and

 

 

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1  (31) (29) Section 34-21.6 of this Code; and .
2  (33) Section 28-22 of this Code.
3  The change made by Public Act 96-104 to this subsection
4  (g) is declaratory of existing law.
5  (h) A charter school may negotiate and contract with a
6  school district, the governing body of a State college or
7  university or public community college, or any other public or
8  for-profit or nonprofit private entity for: (i) the use of a
9  school building and grounds or any other real property or
10  facilities that the charter school desires to use or convert
11  for use as a charter school site, (ii) the operation and
12  maintenance thereof, and (iii) the provision of any service,
13  activity, or undertaking that the charter school is required
14  to perform in order to carry out the terms of its charter.
15  However, a charter school that is established on or after
16  April 16, 2003 (the effective date of Public Act 93-3) and that
17  operates in a city having a population exceeding 500,000 may
18  not contract with a for-profit entity to manage or operate the
19  school during the period that commences on April 16, 2003 (the
20  effective date of Public Act 93-3) and concludes at the end of
21  the 2004-2005 school year. Except as provided in subsection
22  (i) of this Section, a school district may charge a charter
23  school reasonable rent for the use of the district's
24  buildings, grounds, and facilities. Any services for which a
25  charter school contracts with a school district shall be
26  provided by the district at cost. Any services for which a

 

 

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1  charter school contracts with a local school board or with the
2  governing body of a State college or university or public
3  community college shall be provided by the public entity at
4  cost.
5  (i) In no event shall a charter school that is established
6  by converting an existing school or attendance center to
7  charter school status be required to pay rent for space that is
8  deemed available, as negotiated and provided in the charter
9  agreement, in school district facilities. However, all other
10  costs for the operation and maintenance of school district
11  facilities that are used by the charter school shall be
12  subject to negotiation between the charter school and the
13  local school board and shall be set forth in the charter.
14  (j) A charter school may limit student enrollment by age
15  or grade level.
16  (k) If the charter school is approved by the State Board or
17  Commission, then the charter school is its own local education
18  agency.
19  (Source: P.A. 101-50, eff. 7-1-20; 101-81, eff. 7-12-19;
20  101-291, eff. 1-1-20; 101-531, eff. 8-23-19; 101-543, eff.
21  8-23-19; 101-654, eff. 3-8-21; 102-51, eff. 7-9-21; 102-157,
22  eff. 7-1-22; 102-360, eff. 1-1-22; 102-445, eff. 8-20-21;
23  102-522, eff. 8-20-21; 102-558, eff. 8-20-21; 102-676, eff.
24  12-3-21; 102-697, eff. 4-5-22; 102-805, eff. 1-1-23; 102-813,
25  eff. 5-13-22; revised 8-16-22.)

 

 

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1  (Text of Section after amendment by P.A. 102-702 but
2  before amendment by P.A. 102-466)
3  Sec. 27A-5. Charter school; legal entity; requirements.
4  (a) A charter school shall be a public, nonsectarian,
5  nonreligious, non-home based, and non-profit school. A charter
6  school shall be organized and operated as a nonprofit
7  corporation or other discrete, legal, nonprofit entity
8  authorized under the laws of the State of Illinois.
9  (b) A charter school may be established under this Article
10  by creating a new school or by converting an existing public
11  school or attendance center to charter school status.
12  Beginning on April 16, 2003 (the effective date of Public Act
13  93-3), in all new applications to establish a charter school
14  in a city having a population exceeding 500,000, operation of
15  the charter school shall be limited to one campus. The changes
16  made to this Section by Public Act 93-3 do not apply to charter
17  schools existing or approved on or before April 16, 2003 (the
18  effective date of Public Act 93-3).
19  (b-5) In this subsection (b-5), "virtual-schooling" means
20  a cyber school where students engage in online curriculum and
21  instruction via the Internet and electronic communication with
22  their teachers at remote locations and with students
23  participating at different times.
24  From April 1, 2013 through December 31, 2016, there is a
25  moratorium on the establishment of charter schools with
26  virtual-schooling components in school districts other than a

 

 

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1  school district organized under Article 34 of this Code. This
2  moratorium does not apply to a charter school with
3  virtual-schooling components existing or approved prior to
4  April 1, 2013 or to the renewal of the charter of a charter
5  school with virtual-schooling components already approved
6  prior to April 1, 2013.
7  (c) A charter school shall be administered and governed by
8  its board of directors or other governing body in the manner
9  provided in its charter. The governing body of a charter
10  school shall be subject to the Freedom of Information Act and
11  the Open Meetings Act. No later than January 1, 2021 (one year
12  after the effective date of Public Act 101-291), a charter
13  school's board of directors or other governing body must
14  include at least one parent or guardian of a pupil currently
15  enrolled in the charter school who may be selected through the
16  charter school or a charter network election, appointment by
17  the charter school's board of directors or other governing
18  body, or by the charter school's Parent Teacher Organization
19  or its equivalent.
20  (c-5) No later than January 1, 2021 (one year after the
21  effective date of Public Act 101-291) or within the first year
22  of his or her first term, every voting member of a charter
23  school's board of directors or other governing body shall
24  complete a minimum of 4 hours of professional development
25  leadership training to ensure that each member has sufficient
26  familiarity with the board's or governing body's role and

 

 

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1  responsibilities, including financial oversight and
2  accountability of the school, evaluating the principal's and
3  school's performance, adherence to the Freedom of Information
4  Act and the Open Meetings Act, and compliance with education
5  and labor law. In each subsequent year of his or her term, a
6  voting member of a charter school's board of directors or
7  other governing body shall complete a minimum of 2 hours of
8  professional development training in these same areas. The
9  training under this subsection may be provided or certified by
10  a statewide charter school membership association or may be
11  provided or certified by other qualified providers approved by
12  the State Board of Education.
13  (d) For purposes of this subsection (d), "non-curricular
14  health and safety requirement" means any health and safety
15  requirement created by statute or rule to provide, maintain,
16  preserve, or safeguard safe or healthful conditions for
17  students and school personnel or to eliminate, reduce, or
18  prevent threats to the health and safety of students and
19  school personnel. "Non-curricular health and safety
20  requirement" does not include any course of study or
21  specialized instructional requirement for which the State
22  Board has established goals and learning standards or which is
23  designed primarily to impart knowledge and skills for students
24  to master and apply as an outcome of their education.
25  A charter school shall comply with all non-curricular
26  health and safety requirements applicable to public schools

 

 

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1  under the laws of the State of Illinois. On or before September
2  1, 2015, the State Board shall promulgate and post on its
3  Internet website a list of non-curricular health and safety
4  requirements that a charter school must meet. The list shall
5  be updated annually no later than September 1. Any charter
6  contract between a charter school and its authorizer must
7  contain a provision that requires the charter school to follow
8  the list of all non-curricular health and safety requirements
9  promulgated by the State Board and any non-curricular health
10  and safety requirements added by the State Board to such list
11  during the term of the charter. Nothing in this subsection (d)
12  precludes an authorizer from including non-curricular health
13  and safety requirements in a charter school contract that are
14  not contained in the list promulgated by the State Board,
15  including non-curricular health and safety requirements of the
16  authorizing local school board.
17  (e) Except as otherwise provided in the School Code, a
18  charter school shall not charge tuition; provided that a
19  charter school may charge reasonable fees for textbooks,
20  instructional materials, and student activities.
21  (f) A charter school shall be responsible for the
22  management and operation of its fiscal affairs, including, but
23  not limited to, the preparation of its budget. An audit of each
24  charter school's finances shall be conducted annually by an
25  outside, independent contractor retained by the charter
26  school. The contractor shall not be an employee of the charter

 

 

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1  school or affiliated with the charter school or its authorizer
2  in any way, other than to audit the charter school's finances.
3  To ensure financial accountability for the use of public
4  funds, on or before December 1 of every year of operation, each
5  charter school shall submit to its authorizer and the State
6  Board a copy of its audit and a copy of the Form 990 the
7  charter school filed that year with the federal Internal
8  Revenue Service. In addition, if deemed necessary for proper
9  financial oversight of the charter school, an authorizer may
10  require quarterly financial statements from each charter
11  school.
12  (g) A charter school shall comply with all provisions of
13  this Article, the Illinois Educational Labor Relations Act,
14  all federal and State laws and rules applicable to public
15  schools that pertain to special education and the instruction
16  of English learners, and its charter. A charter school is
17  exempt from all other State laws and regulations in this Code
18  governing public schools and local school board policies;
19  however, a charter school is not exempt from the following:
20  (1) Sections 10-21.9 and 34-18.5 of this Code
21  regarding criminal history records checks and checks of
22  the Statewide Sex Offender Database and Statewide Murderer
23  and Violent Offender Against Youth Database of applicants
24  for employment;
25  (2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and
26  34-84a of this Code regarding discipline of students;

 

 

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1  (3) the Local Governmental and Governmental Employees
2  Tort Immunity Act;
3  (4) Section 108.75 of the General Not For Profit
4  Corporation Act of 1986 regarding indemnification of
5  officers, directors, employees, and agents;
6  (5) the Abused and Neglected Child Reporting Act;
7  (5.5) subsection (b) of Section 10-23.12 and
8  subsection (b) of Section 34-18.6 of this Code;
9  (6) the Illinois School Student Records Act;
10  (7) Section 10-17a of this Code regarding school
11  report cards;
12  (8) the P-20 Longitudinal Education Data System Act;
13  (9) Section 27-23.7 of this Code regarding bullying
14  prevention;
15  (10) Section 2-3.162 of this Code regarding student
16  discipline reporting;
17  (11) Sections 22-80 and 27-8.1 of this Code;
18  (12) Sections 10-20.60 and 34-18.53 of this Code;
19  (13) Sections 10-20.63 and 34-18.56 of this Code;
20  (14) Sections 22-90 and 26-18 of this Code;
21  (15) Section 22-30 of this Code;
22  (16) Sections 24-12 and 34-85 of this Code;
23  (17) the Seizure Smart School Act;
24  (18) Section 2-3.64a-10 of this Code;
25  (19) Sections 10-20.73 and 34-21.9 of this Code;
26  (20) Section 10-22.25b of this Code;

 

 

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1  (21) Section 27-9.1a of this Code;
2  (22) Section 27-9.1b of this Code;
3  (23) Section 34-18.8 of this Code; and
4  (25) Section 2-3.188 of this Code;
5  (26) Section 22-85.5 of this Code;
6  (27) subsections Subsections (d-10), (d-15), and
7  (d-20) of Section 10-20.56 of this Code; and
8  (28) Sections 10-20.83 and 34-18.78 of this Code; .
9  (29) (27) Section 10-20.13 of this Code;
10  (30) (28) Section 28-19.2 of this Code; and
11  (31) (29) Section 34-21.6 of this Code; .
12  (32) (25) Section 22-85.10 of this Code; and .
13  (33) Section 28-22 of this Code.
14  The change made by Public Act 96-104 to this subsection
15  (g) is declaratory of existing law.
16  (h) A charter school may negotiate and contract with a
17  school district, the governing body of a State college or
18  university or public community college, or any other public or
19  for-profit or nonprofit private entity for: (i) the use of a
20  school building and grounds or any other real property or
21  facilities that the charter school desires to use or convert
22  for use as a charter school site, (ii) the operation and
23  maintenance thereof, and (iii) the provision of any service,
24  activity, or undertaking that the charter school is required
25  to perform in order to carry out the terms of its charter.
26  However, a charter school that is established on or after

 

 

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1  April 16, 2003 (the effective date of Public Act 93-3) and that
2  operates in a city having a population exceeding 500,000 may
3  not contract with a for-profit entity to manage or operate the
4  school during the period that commences on April 16, 2003 (the
5  effective date of Public Act 93-3) and concludes at the end of
6  the 2004-2005 school year. Except as provided in subsection
7  (i) of this Section, a school district may charge a charter
8  school reasonable rent for the use of the district's
9  buildings, grounds, and facilities. Any services for which a
10  charter school contracts with a school district shall be
11  provided by the district at cost. Any services for which a
12  charter school contracts with a local school board or with the
13  governing body of a State college or university or public
14  community college shall be provided by the public entity at
15  cost.
16  (i) In no event shall a charter school that is established
17  by converting an existing school or attendance center to
18  charter school status be required to pay rent for space that is
19  deemed available, as negotiated and provided in the charter
20  agreement, in school district facilities. However, all other
21  costs for the operation and maintenance of school district
22  facilities that are used by the charter school shall be
23  subject to negotiation between the charter school and the
24  local school board and shall be set forth in the charter.
25  (j) A charter school may limit student enrollment by age
26  or grade level.

 

 

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1  (k) If the charter school is approved by the State Board or
2  Commission, then the charter school is its own local education
3  agency.
4  (Source: P.A. 101-50, eff. 7-1-20; 101-81, eff. 7-12-19;
5  101-291, eff. 1-1-20; 101-531, eff. 8-23-19; 101-543, eff.
6  8-23-19; 101-654, eff. 3-8-21; 102-51, eff. 7-9-21; 102-157,
7  eff. 7-1-22; 102-360, eff. 1-1-22; 102-445, eff. 8-20-21;
8  102-522, eff. 8-20-21; 102-558, eff. 8-20-21; 102-676, eff.
9  12-3-21; 102-697, eff. 4-5-22; 102-702, eff. 7-1-23; 102-805,
10  eff. 1-1-23; 102-813, eff. 5-13-22; revised 8-16-22.)
11  (Text of Section after amendment by P.A. 102-466)
12  Sec. 27A-5. Charter school; legal entity; requirements.
13  (a) A charter school shall be a public, nonsectarian,
14  nonreligious, non-home based, and non-profit school. A charter
15  school shall be organized and operated as a nonprofit
16  corporation or other discrete, legal, nonprofit entity
17  authorized under the laws of the State of Illinois.
18  (b) A charter school may be established under this Article
19  by creating a new school or by converting an existing public
20  school or attendance center to charter school status.
21  Beginning on April 16, 2003 (the effective date of Public Act
22  93-3), in all new applications to establish a charter school
23  in a city having a population exceeding 500,000, operation of
24  the charter school shall be limited to one campus. The changes
25  made to this Section by Public Act 93-3 do not apply to charter

 

 

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1  schools existing or approved on or before April 16, 2003 (the
2  effective date of Public Act 93-3).
3  (b-5) In this subsection (b-5), "virtual-schooling" means
4  a cyber school where students engage in online curriculum and
5  instruction via the Internet and electronic communication with
6  their teachers at remote locations and with students
7  participating at different times.
8  From April 1, 2013 through December 31, 2016, there is a
9  moratorium on the establishment of charter schools with
10  virtual-schooling components in school districts other than a
11  school district organized under Article 34 of this Code. This
12  moratorium does not apply to a charter school with
13  virtual-schooling components existing or approved prior to
14  April 1, 2013 or to the renewal of the charter of a charter
15  school with virtual-schooling components already approved
16  prior to April 1, 2013.
17  (c) A charter school shall be administered and governed by
18  its board of directors or other governing body in the manner
19  provided in its charter. The governing body of a charter
20  school shall be subject to the Freedom of Information Act and
21  the Open Meetings Act. No later than January 1, 2021 (one year
22  after the effective date of Public Act 101-291), a charter
23  school's board of directors or other governing body must
24  include at least one parent or guardian of a pupil currently
25  enrolled in the charter school who may be selected through the
26  charter school or a charter network election, appointment by

 

 

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1  the charter school's board of directors or other governing
2  body, or by the charter school's Parent Teacher Organization
3  or its equivalent.
4  (c-5) No later than January 1, 2021 (one year after the
5  effective date of Public Act 101-291) or within the first year
6  of his or her first term, every voting member of a charter
7  school's board of directors or other governing body shall
8  complete a minimum of 4 hours of professional development
9  leadership training to ensure that each member has sufficient
10  familiarity with the board's or governing body's role and
11  responsibilities, including financial oversight and
12  accountability of the school, evaluating the principal's and
13  school's performance, adherence to the Freedom of Information
14  Act and the Open Meetings Act, and compliance with education
15  and labor law. In each subsequent year of his or her term, a
16  voting member of a charter school's board of directors or
17  other governing body shall complete a minimum of 2 hours of
18  professional development training in these same areas. The
19  training under this subsection may be provided or certified by
20  a statewide charter school membership association or may be
21  provided or certified by other qualified providers approved by
22  the State Board of Education.
23  (d) For purposes of this subsection (d), "non-curricular
24  health and safety requirement" means any health and safety
25  requirement created by statute or rule to provide, maintain,
26  preserve, or safeguard safe or healthful conditions for

 

 

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1  students and school personnel or to eliminate, reduce, or
2  prevent threats to the health and safety of students and
3  school personnel. "Non-curricular health and safety
4  requirement" does not include any course of study or
5  specialized instructional requirement for which the State
6  Board has established goals and learning standards or which is
7  designed primarily to impart knowledge and skills for students
8  to master and apply as an outcome of their education.
9  A charter school shall comply with all non-curricular
10  health and safety requirements applicable to public schools
11  under the laws of the State of Illinois. On or before September
12  1, 2015, the State Board shall promulgate and post on its
13  Internet website a list of non-curricular health and safety
14  requirements that a charter school must meet. The list shall
15  be updated annually no later than September 1. Any charter
16  contract between a charter school and its authorizer must
17  contain a provision that requires the charter school to follow
18  the list of all non-curricular health and safety requirements
19  promulgated by the State Board and any non-curricular health
20  and safety requirements added by the State Board to such list
21  during the term of the charter. Nothing in this subsection (d)
22  precludes an authorizer from including non-curricular health
23  and safety requirements in a charter school contract that are
24  not contained in the list promulgated by the State Board,
25  including non-curricular health and safety requirements of the
26  authorizing local school board.

 

 

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1  (e) Except as otherwise provided in the School Code, a
2  charter school shall not charge tuition; provided that a
3  charter school may charge reasonable fees for textbooks,
4  instructional materials, and student activities.
5  (f) A charter school shall be responsible for the
6  management and operation of its fiscal affairs, including, but
7  not limited to, the preparation of its budget. An audit of each
8  charter school's finances shall be conducted annually by an
9  outside, independent contractor retained by the charter
10  school. The contractor shall not be an employee of the charter
11  school or affiliated with the charter school or its authorizer
12  in any way, other than to audit the charter school's finances.
13  To ensure financial accountability for the use of public
14  funds, on or before December 1 of every year of operation, each
15  charter school shall submit to its authorizer and the State
16  Board a copy of its audit and a copy of the Form 990 the
17  charter school filed that year with the federal Internal
18  Revenue Service. In addition, if deemed necessary for proper
19  financial oversight of the charter school, an authorizer may
20  require quarterly financial statements from each charter
21  school.
22  (g) A charter school shall comply with all provisions of
23  this Article, the Illinois Educational Labor Relations Act,
24  all federal and State laws and rules applicable to public
25  schools that pertain to special education and the instruction
26  of English learners, and its charter. A charter school is

 

 

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1  exempt from all other State laws and regulations in this Code
2  governing public schools and local school board policies;
3  however, a charter school is not exempt from the following:
4  (1) Sections 10-21.9 and 34-18.5 of this Code
5  regarding criminal history records checks and checks of
6  the Statewide Sex Offender Database and Statewide Murderer
7  and Violent Offender Against Youth Database of applicants
8  for employment;
9  (2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and
10  34-84a of this Code regarding discipline of students;
11  (3) the Local Governmental and Governmental Employees
12  Tort Immunity Act;
13  (4) Section 108.75 of the General Not For Profit
14  Corporation Act of 1986 regarding indemnification of
15  officers, directors, employees, and agents;
16  (5) the Abused and Neglected Child Reporting Act;
17  (5.5) subsection (b) of Section 10-23.12 and
18  subsection (b) of Section 34-18.6 of this Code;
19  (6) the Illinois School Student Records Act;
20  (7) Section 10-17a of this Code regarding school
21  report cards;
22  (8) the P-20 Longitudinal Education Data System Act;
23  (9) Section 27-23.7 of this Code regarding bullying
24  prevention;
25  (10) Section 2-3.162 of this Code regarding student
26  discipline reporting;

 

 

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1  (11) Sections 22-80 and 27-8.1 of this Code;
2  (12) Sections 10-20.60 and 34-18.53 of this Code;
3  (13) Sections 10-20.63 and 34-18.56 of this Code;
4  (14) Sections 22-90 and 26-18 of this Code;
5  (15) Section 22-30 of this Code;
6  (16) Sections 24-12 and 34-85 of this Code;
7  (17) the Seizure Smart School Act;
8  (18) Section 2-3.64a-10 of this Code;
9  (19) Sections 10-20.73 and 34-21.9 of this Code;
10  (20) Section 10-22.25b of this Code;
11  (21) Section 27-9.1a of this Code;
12  (22) Section 27-9.1b of this Code;
13  (23) Section 34-18.8 of this Code;
14  (24) Article 26A of this Code; and
15  (25) Section 2-3.188 of this Code;
16  (26) Section 22-85.5 of this Code;
17  (27) subsections Subsections (d-10), (d-15), and
18  (d-20) of Section 10-20.56 of this Code; and
19  (28) Sections 10-20.83 and 34-18.78 of this Code; .
20  (29) (27) Section 10-20.13 of this Code;
21  (30) (28) Section 28-19.2 of this Code; and
22  (31) (29) Section 34-21.6 of this Code; .
23  (32) (25) Section 22-85.10 of this Code; and .
24  (33) Section 28-22 of this Code.
25  The change made by Public Act 96-104 to this subsection
26  (g) is declaratory of existing law.

 

 

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1  (h) A charter school may negotiate and contract with a
2  school district, the governing body of a State college or
3  university or public community college, or any other public or
4  for-profit or nonprofit private entity for: (i) the use of a
5  school building and grounds or any other real property or
6  facilities that the charter school desires to use or convert
7  for use as a charter school site, (ii) the operation and
8  maintenance thereof, and (iii) the provision of any service,
9  activity, or undertaking that the charter school is required
10  to perform in order to carry out the terms of its charter.
11  However, a charter school that is established on or after
12  April 16, 2003 (the effective date of Public Act 93-3) and that
13  operates in a city having a population exceeding 500,000 may
14  not contract with a for-profit entity to manage or operate the
15  school during the period that commences on April 16, 2003 (the
16  effective date of Public Act 93-3) and concludes at the end of
17  the 2004-2005 school year. Except as provided in subsection
18  (i) of this Section, a school district may charge a charter
19  school reasonable rent for the use of the district's
20  buildings, grounds, and facilities. Any services for which a
21  charter school contracts with a school district shall be
22  provided by the district at cost. Any services for which a
23  charter school contracts with a local school board or with the
24  governing body of a State college or university or public
25  community college shall be provided by the public entity at
26  cost.

 

 

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1  (i) In no event shall a charter school that is established
2  by converting an existing school or attendance center to
3  charter school status be required to pay rent for space that is
4  deemed available, as negotiated and provided in the charter
5  agreement, in school district facilities. However, all other
6  costs for the operation and maintenance of school district
7  facilities that are used by the charter school shall be
8  subject to negotiation between the charter school and the
9  local school board and shall be set forth in the charter.
10  (j) A charter school may limit student enrollment by age
11  or grade level.
12  (k) If the charter school is approved by the State Board or
13  Commission, then the charter school is its own local education
14  agency.
15  (Source: P.A. 101-50, eff. 7-1-20; 101-81, eff. 7-12-19;
16  101-291, eff. 1-1-20; 101-531, eff. 8-23-19; 101-543, eff.
17  8-23-19; 101-654, eff. 3-8-21; 102-51, eff. 7-9-21; 102-157,
18  eff. 7-1-22; 102-360, eff. 1-1-22; 102-445, eff. 8-20-21;
19  102-466, eff. 7-1-25; 102-522, eff. 8-20-21; 102-558, eff.
20  8-20-21; 102-676, eff. 12-3-21; 102-697, eff. 4-5-22; 102-702,
21  eff. 7-1-23; 102-805, eff. 1-1-23; 102-813, eff. 5-13-22;
22  revised 8-16-22.)
23  (105 ILCS 5/28-22 new)
24  Sec. 28-22. Literature selection requirements.
25  (a) This Section may be referred to as the Pierce Twins

 

 

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1  Law.
2  (b) To ensure that students in grades kindergarten through
3  12 receive exposure to diverse peoples, cultures, and
4  backgrounds to better develop tolerance, understanding,
5  appreciation, and acceptance of others, a school district
6  shall require that books that are included as a part of any
7  course, material, instruction, reading assignment, or other
8  school curricula related to literature during the school year
9  or that appear on summer reading lists must include books that
10  are written by diverse authors, including, but not limited to,
11  authors who are African American, women, Native American,
12  LatinX, and Asian. Reading material may not perpetuate bias
13  against persons based on, but not limited to, any of the
14  following the categories:
15  (1) Ability.
16  (2) Race.
17  (3) Language.
18  (4) Beliefs.
19  (5) Gender.
20  (6) Culture.
21  (7) Family dynamics.
22  (8) Socioeconomic status.
23  (c) For any school district utilizing federal funds under
24  Title I, Part A of the federal Elementary and Secondary
25  Education Act of 1965, the selection of each book to be
26  included in a reading assignment, course material and

 

 

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1  instruction, or other school curricula related to literature
2  must first receive prior approval from the school board before
3  the book may be included. The criteria for the approval or
4  denial of a book shall be determined by school board policy,
5  but the minimum requirement is that the book may not be
6  approved by the school board if the book contains language or
7  material that is derogatory or racist or incites hate against
8  any persons.
9  (d) The State Board of Education shall adopt any rules and
10  guidelines necessary to implement this Section.
11  Section 95. No acceleration or delay. Where this Act makes
12  changes in a statute that is represented in this Act by text
13  that is not yet or no longer in effect (for example, a Section
14  represented by multiple versions), the use of that text does
15  not accelerate or delay the taking effect of (i) the changes
16  made by this Act or (ii) provisions derived from any other
17  Public Act.
18  Section 99. Effective date. This Act takes effect upon
19  becoming law.

 

 

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