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 HB1481LRB103 03522 RJT 48528 b HB1481 LRB103 03522 RJT 48528 b HB1481 LRB103 03522 RJT 48528 b 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. 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 105 ILCS 5/27A-5 105 ILCS 5/28-22 new LRB103 03522 RJT 48528 b STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY HB1481 LRB103 03522 RJT 48528 b HB1481- 2 -LRB103 03522 RJT 48528 b HB1481 - 2 - LRB103 03522 RJT 48528 b HB1481 - 2 - LRB103 03522 RJT 48528 b 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 HB1481 - 2 - LRB103 03522 RJT 48528 b HB1481- 3 -LRB103 03522 RJT 48528 b HB1481 - 3 - LRB103 03522 RJT 48528 b HB1481 - 3 - LRB103 03522 RJT 48528 b 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 HB1481 - 3 - LRB103 03522 RJT 48528 b HB1481- 4 -LRB103 03522 RJT 48528 b HB1481 - 4 - LRB103 03522 RJT 48528 b HB1481 - 4 - LRB103 03522 RJT 48528 b 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 HB1481 - 4 - LRB103 03522 RJT 48528 b HB1481- 5 -LRB103 03522 RJT 48528 b HB1481 - 5 - LRB103 03522 RJT 48528 b HB1481 - 5 - LRB103 03522 RJT 48528 b 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 HB1481 - 5 - LRB103 03522 RJT 48528 b HB1481- 6 -LRB103 03522 RJT 48528 b HB1481 - 6 - LRB103 03522 RJT 48528 b HB1481 - 6 - LRB103 03522 RJT 48528 b 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; HB1481 - 6 - LRB103 03522 RJT 48528 b HB1481- 7 -LRB103 03522 RJT 48528 b HB1481 - 7 - LRB103 03522 RJT 48528 b HB1481 - 7 - LRB103 03522 RJT 48528 b 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 HB1481 - 7 - LRB103 03522 RJT 48528 b HB1481- 8 -LRB103 03522 RJT 48528 b HB1481 - 8 - LRB103 03522 RJT 48528 b HB1481 - 8 - LRB103 03522 RJT 48528 b 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 HB1481 - 8 - LRB103 03522 RJT 48528 b HB1481- 9 -LRB103 03522 RJT 48528 b HB1481 - 9 - LRB103 03522 RJT 48528 b HB1481 - 9 - LRB103 03522 RJT 48528 b 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 HB1481 - 9 - LRB103 03522 RJT 48528 b HB1481- 10 -LRB103 03522 RJT 48528 b HB1481 - 10 - LRB103 03522 RJT 48528 b HB1481 - 10 - LRB103 03522 RJT 48528 b 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 HB1481 - 10 - LRB103 03522 RJT 48528 b HB1481- 11 -LRB103 03522 RJT 48528 b HB1481 - 11 - LRB103 03522 RJT 48528 b HB1481 - 11 - LRB103 03522 RJT 48528 b 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 HB1481 - 11 - LRB103 03522 RJT 48528 b HB1481- 12 -LRB103 03522 RJT 48528 b HB1481 - 12 - LRB103 03522 RJT 48528 b HB1481 - 12 - LRB103 03522 RJT 48528 b 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 HB1481 - 12 - LRB103 03522 RJT 48528 b HB1481- 13 -LRB103 03522 RJT 48528 b HB1481 - 13 - LRB103 03522 RJT 48528 b HB1481 - 13 - LRB103 03522 RJT 48528 b 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 HB1481 - 13 - LRB103 03522 RJT 48528 b HB1481- 14 -LRB103 03522 RJT 48528 b HB1481 - 14 - LRB103 03522 RJT 48528 b HB1481 - 14 - LRB103 03522 RJT 48528 b 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 HB1481 - 14 - LRB103 03522 RJT 48528 b HB1481- 15 -LRB103 03522 RJT 48528 b HB1481 - 15 - LRB103 03522 RJT 48528 b HB1481 - 15 - LRB103 03522 RJT 48528 b 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 HB1481 - 15 - LRB103 03522 RJT 48528 b HB1481- 16 -LRB103 03522 RJT 48528 b HB1481 - 16 - LRB103 03522 RJT 48528 b HB1481 - 16 - LRB103 03522 RJT 48528 b 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 HB1481 - 16 - LRB103 03522 RJT 48528 b HB1481- 17 -LRB103 03522 RJT 48528 b HB1481 - 17 - LRB103 03522 RJT 48528 b HB1481 - 17 - LRB103 03522 RJT 48528 b 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.) HB1481 - 17 - LRB103 03522 RJT 48528 b HB1481- 18 -LRB103 03522 RJT 48528 b HB1481 - 18 - LRB103 03522 RJT 48528 b HB1481 - 18 - LRB103 03522 RJT 48528 b 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 HB1481 - 18 - LRB103 03522 RJT 48528 b HB1481- 19 -LRB103 03522 RJT 48528 b HB1481 - 19 - LRB103 03522 RJT 48528 b HB1481 - 19 - LRB103 03522 RJT 48528 b 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 HB1481 - 19 - LRB103 03522 RJT 48528 b HB1481- 20 -LRB103 03522 RJT 48528 b HB1481 - 20 - LRB103 03522 RJT 48528 b HB1481 - 20 - LRB103 03522 RJT 48528 b 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 HB1481 - 20 - LRB103 03522 RJT 48528 b HB1481- 21 -LRB103 03522 RJT 48528 b HB1481 - 21 - LRB103 03522 RJT 48528 b HB1481 - 21 - LRB103 03522 RJT 48528 b 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 HB1481 - 21 - LRB103 03522 RJT 48528 b HB1481- 22 -LRB103 03522 RJT 48528 b HB1481 - 22 - LRB103 03522 RJT 48528 b HB1481 - 22 - LRB103 03522 RJT 48528 b 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; HB1481 - 22 - LRB103 03522 RJT 48528 b HB1481- 23 -LRB103 03522 RJT 48528 b HB1481 - 23 - LRB103 03522 RJT 48528 b HB1481 - 23 - LRB103 03522 RJT 48528 b 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; HB1481 - 23 - LRB103 03522 RJT 48528 b HB1481- 24 -LRB103 03522 RJT 48528 b HB1481 - 24 - LRB103 03522 RJT 48528 b HB1481 - 24 - LRB103 03522 RJT 48528 b 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 HB1481 - 24 - LRB103 03522 RJT 48528 b HB1481- 25 -LRB103 03522 RJT 48528 b HB1481 - 25 - LRB103 03522 RJT 48528 b HB1481 - 25 - LRB103 03522 RJT 48528 b 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. HB1481 - 25 - LRB103 03522 RJT 48528 b HB1481- 26 -LRB103 03522 RJT 48528 b HB1481 - 26 - LRB103 03522 RJT 48528 b HB1481 - 26 - LRB103 03522 RJT 48528 b 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 HB1481 - 26 - LRB103 03522 RJT 48528 b HB1481- 27 -LRB103 03522 RJT 48528 b HB1481 - 27 - LRB103 03522 RJT 48528 b HB1481 - 27 - LRB103 03522 RJT 48528 b 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 HB1481 - 27 - LRB103 03522 RJT 48528 b HB1481- 28 -LRB103 03522 RJT 48528 b HB1481 - 28 - LRB103 03522 RJT 48528 b HB1481 - 28 - LRB103 03522 RJT 48528 b 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 HB1481 - 28 - LRB103 03522 RJT 48528 b HB1481- 29 -LRB103 03522 RJT 48528 b HB1481 - 29 - LRB103 03522 RJT 48528 b HB1481 - 29 - LRB103 03522 RJT 48528 b 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. HB1481 - 29 - LRB103 03522 RJT 48528 b HB1481- 30 -LRB103 03522 RJT 48528 b HB1481 - 30 - LRB103 03522 RJT 48528 b HB1481 - 30 - LRB103 03522 RJT 48528 b 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 HB1481 - 30 - LRB103 03522 RJT 48528 b HB1481- 31 -LRB103 03522 RJT 48528 b HB1481 - 31 - LRB103 03522 RJT 48528 b HB1481 - 31 - LRB103 03522 RJT 48528 b 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; HB1481 - 31 - LRB103 03522 RJT 48528 b HB1481- 32 -LRB103 03522 RJT 48528 b HB1481 - 32 - LRB103 03522 RJT 48528 b HB1481 - 32 - LRB103 03522 RJT 48528 b 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. HB1481 - 32 - LRB103 03522 RJT 48528 b HB1481- 33 -LRB103 03522 RJT 48528 b HB1481 - 33 - LRB103 03522 RJT 48528 b HB1481 - 33 - LRB103 03522 RJT 48528 b 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. HB1481 - 33 - LRB103 03522 RJT 48528 b HB1481- 34 -LRB103 03522 RJT 48528 b HB1481 - 34 - LRB103 03522 RJT 48528 b HB1481 - 34 - LRB103 03522 RJT 48528 b 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 HB1481 - 34 - LRB103 03522 RJT 48528 b HB1481- 35 -LRB103 03522 RJT 48528 b HB1481 - 35 - LRB103 03522 RJT 48528 b HB1481 - 35 - LRB103 03522 RJT 48528 b 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 HB1481 - 35 - LRB103 03522 RJT 48528 b HB1481- 36 -LRB103 03522 RJT 48528 b HB1481 - 36 - LRB103 03522 RJT 48528 b HB1481 - 36 - LRB103 03522 RJT 48528 b 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. HB1481 - 36 - LRB103 03522 RJT 48528 b