Illinois 2023-2024 Regular Session

Illinois House Bill HB3168 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3168 Introduced , by Rep. Dave Severin SYNOPSIS AS INTRODUCED: 105 ILCS 5/2-3.62 from Ch. 122, par. 2-3.62 105 ILCS 5/27-9.1b105 ILCS 5/27-9.1c new105 ILCS 5/27-9.5 new105 ILCS 5/27-11.5 new105 ILCS 5/27A-5 105 ILCS 5/34-18.8 from Ch. 122, par. 34-18.8 105 ILCS 5/27-9.1a rep. Amends the School Code. In provisions concerning educational service centers, changes references relating to comprehensive personal health and safety education and comprehensive sexual health education to family life - sex education. Repeals provisions concerning comprehensive personal health and safety and comprehensive sexual health education. Instead, adds provisions concerning sex education, family life, and instruction on diseases. Makes changes in the Chicago School District Article concerning HIV training, including providing AIDS training instead. Makes conforming changes. LRB103 27846 RJT 54224 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3168 Introduced , by Rep. Dave Severin SYNOPSIS AS INTRODUCED: 105 ILCS 5/2-3.62 from Ch. 122, par. 2-3.62 105 ILCS 5/27-9.1b105 ILCS 5/27-9.1c new105 ILCS 5/27-9.5 new105 ILCS 5/27-11.5 new105 ILCS 5/27A-5 105 ILCS 5/34-18.8 from Ch. 122, par. 34-18.8 105 ILCS 5/27-9.1a rep. 105 ILCS 5/2-3.62 from Ch. 122, par. 2-3.62 105 ILCS 5/27-9.1b 105 ILCS 5/27-9.1c new 105 ILCS 5/27-9.5 new 105 ILCS 5/27-11.5 new 105 ILCS 5/27A-5 105 ILCS 5/34-18.8 from Ch. 122, par. 34-18.8 105 ILCS 5/27-9.1a rep. Amends the School Code. In provisions concerning educational service centers, changes references relating to comprehensive personal health and safety education and comprehensive sexual health education to family life - sex education. Repeals provisions concerning comprehensive personal health and safety and comprehensive sexual health education. Instead, adds provisions concerning sex education, family life, and instruction on diseases. Makes changes in the Chicago School District Article concerning HIV training, including providing AIDS training instead. Makes conforming changes. LRB103 27846 RJT 54224 b LRB103 27846 RJT 54224 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3168 Introduced , by Rep. Dave Severin SYNOPSIS AS INTRODUCED:
3	3	105 ILCS 5/2-3.62 from Ch. 122, par. 2-3.62 105 ILCS 5/27-9.1b105 ILCS 5/27-9.1c new105 ILCS 5/27-9.5 new105 ILCS 5/27-11.5 new105 ILCS 5/27A-5 105 ILCS 5/34-18.8 from Ch. 122, par. 34-18.8 105 ILCS 5/27-9.1a rep. 105 ILCS 5/2-3.62 from Ch. 122, par. 2-3.62 105 ILCS 5/27-9.1b 105 ILCS 5/27-9.1c new 105 ILCS 5/27-9.5 new 105 ILCS 5/27-11.5 new 105 ILCS 5/27A-5 105 ILCS 5/34-18.8 from Ch. 122, par. 34-18.8 105 ILCS 5/27-9.1a rep.
4	4	105 ILCS 5/2-3.62 from Ch. 122, par. 2-3.62
5	5	105 ILCS 5/27-9.1b
6	6	105 ILCS 5/27-9.1c new
7	7	105 ILCS 5/27-9.5 new
8	8	105 ILCS 5/27-11.5 new
9	9	105 ILCS 5/27A-5
10	10	105 ILCS 5/34-18.8 from Ch. 122, par. 34-18.8
11	11	105 ILCS 5/27-9.1a rep.
12	12	Amends the School Code. In provisions concerning educational service centers, changes references relating to comprehensive personal health and safety education and comprehensive sexual health education to family life - sex education. Repeals provisions concerning comprehensive personal health and safety and comprehensive sexual health education. Instead, adds provisions concerning sex education, family life, and instruction on diseases. Makes changes in the Chicago School District Article concerning HIV training, including providing AIDS training instead. Makes conforming changes.
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15	15	A BILL FOR
16	16	HB3168LRB103 27846 RJT 54224 b HB3168 LRB103 27846 RJT 54224 b
17	17	HB3168 LRB103 27846 RJT 54224 b
18	18	1 AN ACT concerning education.
19	19	2 Be it enacted by the People of the State of Illinois,
20	20	3 represented in the General Assembly:
21	21	4 Section 1. This Act may be referred to as the National Sex
22	22	5 Education Standards Repeal Law.
23	23	6 Section 5. The School Code is amended by changing Sections
24	24	7 2-3.62, 27-9.1b, 27A-5, and 34-18.8 and by adding Sections
25	25	8 27-9.1c, 27-9.5, and 27-11.5 as follows:
26	26	9 (105 ILCS 5/2-3.62) (from Ch. 122, par. 2-3.62)
27	27	10 Sec. 2-3.62. Educational service centers.
28	28	11 (a) A regional network of educational service centers
29	29	12 shall be established by the State Board of Education to
30	30	13 coordinate and combine existing services in a manner which is
31	31	14 practical and efficient and to provide new services to schools
32	32	15 as provided in this Section. Services to be made available by
33	33	16 such centers shall include the planning, implementation and
34	34	17 evaluation of:
35	35	18 (1) (blank);
36	36	19 (2) computer technology education;
37	37	20 (3) mathematics, science and reading resources for
38	38	21 teachers including continuing education, inservice
39	39	22 training and staff development.
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43	43	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3168 Introduced , by Rep. Dave Severin SYNOPSIS AS INTRODUCED:
44	44	105 ILCS 5/2-3.62 from Ch. 122, par. 2-3.62 105 ILCS 5/27-9.1b105 ILCS 5/27-9.1c new105 ILCS 5/27-9.5 new105 ILCS 5/27-11.5 new105 ILCS 5/27A-5 105 ILCS 5/34-18.8 from Ch. 122, par. 34-18.8 105 ILCS 5/27-9.1a rep. 105 ILCS 5/2-3.62 from Ch. 122, par. 2-3.62 105 ILCS 5/27-9.1b 105 ILCS 5/27-9.1c new 105 ILCS 5/27-9.5 new 105 ILCS 5/27-11.5 new 105 ILCS 5/27A-5 105 ILCS 5/34-18.8 from Ch. 122, par. 34-18.8 105 ILCS 5/27-9.1a rep.
45	45	105 ILCS 5/2-3.62 from Ch. 122, par. 2-3.62
46	46	105 ILCS 5/27-9.1b
47	47	105 ILCS 5/27-9.1c new
48	48	105 ILCS 5/27-9.5 new
49	49	105 ILCS 5/27-11.5 new
50	50	105 ILCS 5/27A-5
51	51	105 ILCS 5/34-18.8 from Ch. 122, par. 34-18.8
52	52	105 ILCS 5/27-9.1a rep.
53	53	Amends the School Code. In provisions concerning educational service centers, changes references relating to comprehensive personal health and safety education and comprehensive sexual health education to family life - sex education. Repeals provisions concerning comprehensive personal health and safety and comprehensive sexual health education. Instead, adds provisions concerning sex education, family life, and instruction on diseases. Makes changes in the Chicago School District Article concerning HIV training, including providing AIDS training instead. Makes conforming changes.
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55	55	LRB103 27846 RJT 54224 b
56	56	A BILL FOR
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62	62	105 ILCS 5/2-3.62 from Ch. 122, par. 2-3.62
63	63	105 ILCS 5/27-9.1b
64	64	105 ILCS 5/27-9.1c new
65	65	105 ILCS 5/27-9.5 new
66	66	105 ILCS 5/27-11.5 new
67	67	105 ILCS 5/27A-5
68	68	105 ILCS 5/34-18.8 from Ch. 122, par. 34-18.8
69	69	105 ILCS 5/27-9.1a rep.
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88	88	1 The centers may provide training, technical assistance,
89	89	2 coordination and planning in other program areas such as
90	90	3 school improvement, school accountability, financial planning,
91	91	4 consultation, and services, career guidance, early childhood
92	92	5 education, alcohol/drug education and prevention, family life -
93	93	6 sex comprehensive personal health and safety education and
94	94	7 comprehensive sexual health education, electronic transmission
95	95	8 of data from school districts to the State, alternative
96	96	9 education and regional special education, and
97	97	10 telecommunications systems that provide distance learning.
98	98	11 Such telecommunications systems may be obtained through the
99	99	12 Department of Central Management Services pursuant to Section
100	100	13 405-270 of the Department of Central Management Services Law
101	101	14 (20 ILCS 405/405-270). The programs and services of
102	102	15 educational service centers may be offered to private school
103	103	16 teachers and private school students within each service
104	104	17 center area provided public schools have already been afforded
105	105	18 adequate access to such programs and services.
106	106	19 Upon the abolition of the office, removal from office,
107	107	20 disqualification for office, resignation from office, or
108	108	21 expiration of the current term of office of the regional
109	109	22 superintendent of schools, whichever is earlier, the chief
110	110	23 administrative officer of the centers serving that portion of
111	111	24 a Class II county school unit outside of a city of 500,000 or
112	112	25 more inhabitants shall have and exercise, in and with respect
113	113	26 to each educational service region having a population of
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124	124	1 2,000,000 or more inhabitants and in and with respect to each
125	125	2 school district located in any such educational service
126	126	3 region, all of the rights, powers, duties, and
127	127	4 responsibilities theretofore vested by law in and exercised
128	128	5 and performed by the regional superintendent of schools for
129	129	6 that area under the provisions of this Code or any other laws
130	130	7 of this State.
131	131	8 The State Board of Education shall promulgate rules and
132	132	9 regulations necessary to implement this Section. The rules
133	133	10 shall include detailed standards which delineate the scope and
134	134	11 specific content of programs to be provided by each
135	135	12 Educational Service Center, as well as the specific planning,
136	136	13 implementation and evaluation services to be provided by each
137	137	14 Center relative to its programs. The Board shall also provide
138	138	15 the standards by which it will evaluate the programs provided
139	139	16 by each Center.
140	140	17 (b) Centers serving Class 1 county school units shall be
141	141	18 governed by an 11-member board, 3 members of which shall be
142	142	19 public school teachers nominated by the local bargaining
143	143	20 representatives to the appropriate regional superintendent for
144	144	21 appointment and no more than 3 members of which shall be from
145	145	22 each of the following categories, including but not limited to
146	146	23 superintendents, regional superintendents, school board
147	147	24 members and a representative of an institution of higher
148	148	25 education. The members of the board shall be appointed by the
149	149	26 regional superintendents whose school districts are served by
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160	160	1 the educational service center. The composition of the board
161	161	2 will reflect the revisions of this amendatory Act of 1989 as
162	162	3 the terms of office of current members expire.
163	163	4 (c) The centers shall be of sufficient size and number to
164	164	5 assure delivery of services to all local school districts in
165	165	6 the State.
166	166	7 (d) From monies appropriated for this program the State
167	167	8 Board of Education shall provide grants paid from the Personal
168	168	9 Property Tax Replacement Fund to qualifying Educational
169	169	10 Service Centers applying for such grants in accordance with
170	170	11 rules and regulations promulgated by the State Board of
171	171	12 Education to implement this Section.
172	172	13 (e) The governing authority of each of the 18 regional
173	173	14 educational service centers shall appoint a family life - sex
174	174	15 comprehensive personal health and safety education and
175	175	16 comprehensive sexual health education advisory board
176	176	17 consisting of 2 parents, 2 teachers, 2 school administrators,
177	177	18 2 school board members, 2 health care professionals, one
178	178	19 library system representative, and the director of the
179	179	20 regional educational service center who shall serve as
180	180	21 chairperson of the advisory board so appointed. Members of the
181	181	22 family life - sex comprehensive personal health and safety
182	182	23 education and comprehensive sexual health education advisory
183	183	24 boards shall serve without compensation. Each of the advisory
184	184	25 boards appointed pursuant to this subsection shall develop a
185	185	26 plan for regional teacher-parent family life - sex
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196	196	1 comprehensive personal health and safety education and
197	197	2 comprehensive sexual health education training sessions and
198	198	3 shall file a written report of such plan with the governing
199	199	4 board of their regional educational service center. The
200	200	5 directors of each of the regional educational service centers
201	201	6 shall thereupon meet, review each of the reports submitted by
202	202	7 the advisory boards and combine those reports into a single
203	203	8 written report which they shall file with the Citizens Council
204	204	9 on School Problems prior to the end of the regular school term
205	205	10 of the 1987-1988 school year.
206	206	11 (f) The 14 educational service centers serving Class I
207	207	12 county school units shall be disbanded on the first Monday of
208	208	13 August, 1995, and their statutory responsibilities and
209	209	14 programs shall be assumed by the regional offices of
210	210	15 education, subject to rules and regulations developed by the
211	211	16 State Board of Education. The regional superintendents of
212	212	17 schools elected by the voters residing in all Class I counties
213	213	18 shall serve as the chief administrators for these programs and
214	214	19 services.
215	215	20 (Source: P.A. 102-522, eff. 8-20-21.)
216	216	21 (105 ILCS 5/27-9.1b)
217	217	22 Sec. 27-9.1b. Consent education.
218	218	23 (a) In this Section:
219	219	24 "Age and developmentally appropriate" means suitable to
220	220	25 particular ages or age groups of children and adolescents,
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231	231	1 based on the developing cognitive, emotional, and behavioral
232	232	2 capacity typical for the age or age group has the meaning
233	233	3 ascribed to that term in Section 27-9.1a.
234	234	4 "Consent" means an affirmative, knowing, conscious,
235	235	5 ongoing, and voluntary agreement to engage in interpersonal,
236	236	6 physical, or sexual activity, which can be revoked at any
237	237	7 point, including during the course of interpersonal, physical,
238	238	8 or sexual activity has the meaning ascribed to that term in
239	239	9 Section 27-9.1a.
240	240	10 (b) A school district may provide age and developmentally
241	241	11 appropriate consent education in kindergarten through the 12th
242	242	12 grade.
243	243	13 (1) In kindergarten through the 5th grade, instruction
244	244	14 and materials shall include age and developmentally
245	245	15 appropriate instruction on consent and how to give and
246	246	16 receive consent, including a discussion that includes, but
247	247	17 is not limited to, all of the following:
248	248	18 (A) Setting appropriate physical boundaries with
249	249	19 others.
250	250	20 (B) Respecting the physical boundaries of others.
251	251	21 (C) The right to refuse to engage in behaviors or
252	252	22 activities that are uncomfortable or unsafe.
253	253	23 (D) Dealing with unwanted physical contact.
254	254	24 (E) Helping a peer deal with unwanted physical
255	255	25 contact.
256	256	26 (2) In the 6th through 12th grades, instruction and
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267	267	1 materials shall include age and developmentally
268	268	2 appropriate instruction on consent and how to give and
269	269	3 receive consent, including a discussion that includes, but
270	270	4 is not limited to, all of the following:
271	271	5 (A) That consent is a freely given agreement to
272	272	6 sexual activity.
273	273	7 (B) That consent to one particular sexual activity
274	274	8 does not constitute consent to other types of sexual
275	275	9 activities.
276	276	10 (C) That a person's lack of verbal or physical
277	277	11 resistance or submission resulting from the use or
278	278	12 threat of force does not constitute consent.
279	279	13 (D) That a person's manner of dress does not
280	280	14 constitute consent.
281	281	15 (E) That a person's consent to past sexual
282	282	16 activity does not constitute consent to future sexual
283	283	17 activity.
284	284	18 (F) That a person's consent to engage in sexual
285	285	19 activity with one person does not constitute consent
286	286	20 to engage in sexual activity with another person.
287	287	21 (G) That a person can withdraw consent at any
288	288	22 time.
289	289	23 (H) That a person cannot consent to sexual
290	290	24 activity if that person is unable to understand the
291	291	25 nature of the activity or give knowing consent due to
292	292	26 certain circumstances that include, but are not
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303	303	1 limited to:
304	304	2 (i) the person is incapacitated due to the use
305	305	3 or influence of alcohol or drugs;
306	306	4 (ii) the person is asleep or unconscious;
307	307	5 (iii) the person is a minor; or
308	308	6 (iv) the person is incapacitated due to a
309	309	7 mental disability.
310	310	8 (I) The legal age of consent in this State.
311	311	9 (Source: P.A. 102-522, eff. 8-20-21.)
312	312	10 (105 ILCS 5/27-9.1c new)
313	313	11 Sec. 27-9.1c. Sex education.
314	314	12 (a) In this Section:
315	315	13 "Adapt" means to modify an evidence-based program model
316	316	14 for use with a particular demographic, ethnic, linguistic, or
317	317	15 cultural group.
318	318	16 "Age appropriate" means suitable to particular ages or age
319	319	17 groups of children and adolescents, based on the developing
320	320	18 cognitive, emotional, and behavioral capacity typical for the
321	321	19 age or age group.
322	322	20 "Evidence-based program" means a program for which
323	323	21 systematic, empirical research or evaluation has provided
324	324	22 evidence of effectiveness.
325	325	23 "Medically accurate" means verified or supported by the
326	326	24 weight of research conducted in compliance with accepted
327	327	25 scientific methods and published in peer-reviewed journals, if
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338	338	1 applicable, or comprising information recognized as accurate,
339	339	2 objective, and complete.
340	340	3 "Sexting" means the act of sending, sharing, receiving, or
341	341	4 forwarding a sexually explicit or sexually suggestive image,
342	342	5 video, or text message by a digital or electronic device,
343	343	6 including, but not limited to, a mobile or cellular telephone
344	344	7 or a computer.
345	345	8 (b) No pupil shall be required to take or participate in
346	346	9 any class or course in comprehensive sex education if the
347	347	10 pupil's parent or guardian submits written objection thereto,
348	348	11 and refusal to take or participate in such course or program
349	349	12 shall not be reason for suspension or expulsion of such pupil.
350	350	13 Each class or course in comprehensive sex education offered in
351	351	14 any of grades 6 through 12 shall include instruction on both
352	352	15 abstinence and contraception for the prevention of pregnancy
353	353	16 and sexually transmitted diseases, including HIV/AIDS. Nothing
354	354	17 in this Section prohibits instruction in sanitation, hygiene,
355	355	18 or traditional courses in biology.
356	356	19 (c) All public school classes that teach sex education and
357	357	20 discuss sexual intercourse in grades 6 through 12 shall
358	358	21 emphasize that abstinence from sexual intercourse is a
359	359	22 responsible and positive decision and is the only protection
360	360	23 that is 100% effective against unwanted teenage pregnancy,
361	361	24 sexually transmitted diseases, and acquired immune deficiency
362	362	25 syndrome (AIDS) when transmitted sexually.
363	363	26 (d) All classes that teach sex education and discuss
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374	374	1 sexual intercourse in grades 6 through 12 shall satisfy the
375	375	2 following criteria:
376	376	3 (1) Course material and instruction shall be
377	377	4 developmentally and age appropriate, medically accurate,
378	378	5 and complete.
379	379	6 (2) Course material and instruction shall replicate
380	380	7 evidence-based programs or substantially incorporate
381	381	8 elements of evidence-based programs.
382	382	9 (3) Course material and instruction shall teach honor
383	383	10 and respect for monogamous heterosexual marriage.
384	384	11 (4) Course material and instruction shall place
385	385	12 substantial emphasis on both abstinence, including
386	386	13 abstinence until marriage, and contraception for the
387	387	14 prevention of pregnancy and sexually transmitted diseases
388	388	15 among youth and shall stress that abstinence is the
389	389	16 ensured method of avoiding unintended pregnancy, sexually
390	390	17 transmitted diseases, and HIV/AIDS.
391	391	18 (5) Course material and instruction shall include a
392	392	19 discussion of the possible emotional and psychological
393	393	20 consequences of preadolescent and adolescent sexual
394	394	21 intercourse and the consequences of unwanted adolescent
395	395	22 pregnancy.
396	396	23 (6) Course material and instruction shall stress that
397	397	24 sexually transmitted diseases are serious possible hazards
398	398	25 of sexual intercourse. Pupils shall be provided with
399	399	26 statistics based on the latest medical information citing
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410	410	1 the failure and success rates of condoms in preventing
411	411	2 AIDS and other sexually transmitted diseases.
412	412	3 (7) Course material and instruction shall advise
413	413	4 pupils of the laws pertaining to their financial
414	414	5 responsibility to children born in and out of wedlock.
415	415	6 (8) Course material and instruction shall advise
416	416	7 pupils of the circumstances under which it is unlawful for
417	417	8 a person to have sexual relations with an individual who
418	418	9 is under the age of 17 and for a person who is in a
419	419	10 position of trust, authority, or supervision to have
420	420	11 sexual relations with an individual who is under the age
421	421	12 of 18 pursuant to Article 11 of the Criminal Code of 2012.
422	422	13 (9) Course material and instruction shall teach pupils
423	423	14 to not make unwanted physical and verbal sexual advances
424	424	15 and how to say no to unwanted sexual advances. Pupils
425	425	16 shall be taught that it is wrong to take advantage of or to
426	426	17 exploit another person. The material and instruction shall
427	427	18 also encourage youth to resist negative peer pressure. The
428	428	19 material and instruction shall include discussion on what
429	429	20 may be considered sexual harassment or sexual assault.
430	430	21 (10) Course material and instruction shall teach
431	431	22 pupils about the dangers associated with drug and alcohol
432	432	23 consumption during pregnancy.
433	433	24 (11) Course material and instruction shall include an
434	434	25 age-appropriate discussion about sexting. The discussion
435	435	26 about sexting must include an exploration of all of the
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446	446	1 following areas:
447	447	2 (A) The possible consequences of sharing or
448	448	3 forwarding sexually explicit or sexually suggestive
449	449	4 photographs or images, videos, or text messages.
450	450	5 (B) The identification of situations in which
451	451	6 bullying or harassment may result as a consequence of
452	452	7 sexting.
453	453	8 (C) The possible long-term legal, social,
454	454	9 academic, and other consequences that may result from
455	455	10 possessing sexual content.
456	456	11 (D) The importance of using the Internet safely
457	457	12 and how sexting may pose a risk on the Internet.
458	458	13 (E) The identification of individuals in school,
459	459	14 such as a principal, teacher, school social worker, or
460	460	15 counselor, or a trusted community leader who may be
461	461	16 contacted for assistance with issues, concerns, or
462	462	17 problems.
463	463	18 (F) The development of strategies for resisting
464	464	19 peer pressure and for communicating in a positive
465	465	20 manner.
466	466	21 (e) An opportunity shall be afforded to individuals,
467	467	22 including parents or guardians, to examine the instructional
468	468	23 materials to be used in such class or course.
469	469	24 (f) The State Board of Education shall make available
470	470	25 resource materials, with the cooperation and input of the
471	471	26 agency that administers grant programs consistent with
472	472
473	473
474	474
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482	482	1 criteria (1) and (2) of subsection (d) of this Section, for
483	483	2 educating children regarding sex education and may take into
484	484	3 consideration the curriculum on this subject developed by
485	485	4 other states, as well as any other curricular materials
486	486	5 suggested by education experts and other groups that work on
487	487	6 sex education issues. Materials may include without limitation
488	488	7 model sex education curriculums and sexual health education
489	489	8 programs. The State Board of Education shall make these
490	490	9 resource materials available on its Internet website. School
491	491	10 districts that do not currently provide sex education are not
492	492	11 required to teach sex education. If a sex education class or
493	493	12 course is offered in any of grades 6 through 12, the school
494	494	13 district may choose and adapt the developmentally and
495	495	14 age-appropriate, medically accurate, evidence-based, and
496	496	15 complete sex education curriculum that meets the specific
497	497	16 needs of its community.
498	498	17 (105 ILCS 5/27-9.5 new)
499	499	18 Sec. 27-9.5. Family life. If any school district provides
500	500	19 courses of instruction designed to promote wholesome and
501	501	20 comprehensive understanding of the emotional, psychological,
502	502	21 physiological, hygienic, and social responsibility aspects of
503	503	22 family life, then such courses of instruction shall include
504	504	23 the teaching of the alternatives to abortion, appropriate to
505	505	24 the various grade levels; and whenever such courses of
506	506	25 instruction are provided in any of grades 6 through 12, then
507	507
508	508
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517	517	1 such courses also shall include instruction on the prevention,
518	518	2 transmission, and spread of AIDS. However, no pupil shall be
519	519	3 required to take or participate in any family life class or
520	520	4 course on AIDS instruction if the pupil's parent or guardian
521	521	5 submits written objection thereto, and refusal to take or
522	522	6 participate in such course or program shall not be reason for
523	523	7 suspension or expulsion of such pupil.
524	524	8 The State Superintendent of Education shall prepare and
525	525	9 make available to school districts courses of instruction
526	526	10 designed to satisfy the requirements of this Section.
527	527	11 The State Superintendent of Education shall develop a
528	528	12 procedure for evaluating and measuring the effectiveness of
529	529	13 the family life courses of instruction in each school
530	530	14 district, including the setting of reasonable goals for
531	531	15 reduced sexual activity, sexually transmitted diseases, and
532	532	16 premarital pregnancy. The State Superintendent shall
533	533	17 distribute a copy of the procedure to each school district.
534	534	18 Each school district may develop additional procedures or
535	535	19 methods for measuring the effectiveness of the family life
536	536	20 courses of instruction within the district.
537	537	21 (105 ILCS 5/27-11.5 new)
538	538	22 Sec. 27-11.5. Instruction on diseases. No pupil shall be
539	539	23 required to take or participate in instruction on diseases if
540	540	24 a parent or guardian files written objection thereto on
541	541	25 constitutional grounds, and refusal to take or participate in
542	542
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545	545
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552	552	1 such instruction on such grounds shall not be reason for
553	553	2 suspension or expulsion of such pupil. Nothing in this Section
554	554	3 shall prohibit instruction in sanitation and hygiene.
555	555	4 (105 ILCS 5/27A-5)
556	556	5 (Text of Section before amendment by P.A. 102-466 and
557	557	6 102-702)
558	558	7 Sec. 27A-5. Charter school; legal entity; requirements.
559	559	8 (a) A charter school shall be a public, nonsectarian,
560	560	9 nonreligious, non-home based, and non-profit school. A charter
561	561	10 school shall be organized and operated as a nonprofit
562	562	11 corporation or other discrete, legal, nonprofit entity
563	563	12 authorized under the laws of the State of Illinois.
564	564	13 (b) A charter school may be established under this Article
565	565	14 by creating a new school or by converting an existing public
566	566	15 school or attendance center to charter school status.
567	567	16 Beginning on April 16, 2003 (the effective date of Public Act
568	568	17 93-3), in all new applications to establish a charter school
569	569	18 in a city having a population exceeding 500,000, operation of
570	570	19 the charter school shall be limited to one campus. The changes
571	571	20 made to this Section by Public Act 93-3 do not apply to charter
572	572	21 schools existing or approved on or before April 16, 2003 (the
573	573	22 effective date of Public Act 93-3).
574	574	23 (b-5) In this subsection (b-5), "virtual-schooling" means
575	575	24 a cyber school where students engage in online curriculum and
576	576	25 instruction via the Internet and electronic communication with
577	577
578	578
579	579
580	580
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587	587	1 their teachers at remote locations and with students
588	588	2 participating at different times.
589	589	3 From April 1, 2013 through December 31, 2016, there is a
590	590	4 moratorium on the establishment of charter schools with
591	591	5 virtual-schooling components in school districts other than a
592	592	6 school district organized under Article 34 of this Code. This
593	593	7 moratorium does not apply to a charter school with
594	594	8 virtual-schooling components existing or approved prior to
595	595	9 April 1, 2013 or to the renewal of the charter of a charter
596	596	10 school with virtual-schooling components already approved
597	597	11 prior to April 1, 2013.
598	598	12 (c) A charter school shall be administered and governed by
599	599	13 its board of directors or other governing body in the manner
600	600	14 provided in its charter. The governing body of a charter
601	601	15 school shall be subject to the Freedom of Information Act and
602	602	16 the Open Meetings Act. No later than January 1, 2021 (one year
603	603	17 after the effective date of Public Act 101-291), a charter
604	604	18 school's board of directors or other governing body must
605	605	19 include at least one parent or guardian of a pupil currently
606	606	20 enrolled in the charter school who may be selected through the
607	607	21 charter school or a charter network election, appointment by
608	608	22 the charter school's board of directors or other governing
609	609	23 body, or by the charter school's Parent Teacher Organization
610	610	24 or its equivalent.
611	611	25 (c-5) No later than January 1, 2021 (one year after the
612	612	26 effective date of Public Act 101-291) or within the first year
613	613
614	614
615	615
616	616
617	617
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619	619
620	620
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623	623	1 of his or her first term, every voting member of a charter
624	624	2 school's board of directors or other governing body shall
625	625	3 complete a minimum of 4 hours of professional development
626	626	4 leadership training to ensure that each member has sufficient
627	627	5 familiarity with the board's or governing body's role and
628	628	6 responsibilities, including financial oversight and
629	629	7 accountability of the school, evaluating the principal's and
630	630	8 school's performance, adherence to the Freedom of Information
631	631	9 Act and the Open Meetings Act, and compliance with education
632	632	10 and labor law. In each subsequent year of his or her term, a
633	633	11 voting member of a charter school's board of directors or
634	634	12 other governing body shall complete a minimum of 2 hours of
635	635	13 professional development training in these same areas. The
636	636	14 training under this subsection may be provided or certified by
637	637	15 a statewide charter school membership association or may be
638	638	16 provided or certified by other qualified providers approved by
639	639	17 the State Board of Education.
640	640	18 (d) For purposes of this subsection (d), "non-curricular
641	641	19 health and safety requirement" means any health and safety
642	642	20 requirement created by statute or rule to provide, maintain,
643	643	21 preserve, or safeguard safe or healthful conditions for
644	644	22 students and school personnel or to eliminate, reduce, or
645	645	23 prevent threats to the health and safety of students and
646	646	24 school personnel. "Non-curricular health and safety
647	647	25 requirement" does not include any course of study or
648	648	26 specialized instructional requirement for which the State
649	649
650	650
651	651
652	652
653	653
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659	659	1 Board has established goals and learning standards or which is
660	660	2 designed primarily to impart knowledge and skills for students
661	661	3 to master and apply as an outcome of their education.
662	662	4 A charter school shall comply with all non-curricular
663	663	5 health and safety requirements applicable to public schools
664	664	6 under the laws of the State of Illinois. On or before September
665	665	7 1, 2015, the State Board shall promulgate and post on its
666	666	8 Internet website a list of non-curricular health and safety
667	667	9 requirements that a charter school must meet. The list shall
668	668	10 be updated annually no later than September 1. Any charter
669	669	11 contract between a charter school and its authorizer must
670	670	12 contain a provision that requires the charter school to follow
671	671	13 the list of all non-curricular health and safety requirements
672	672	14 promulgated by the State Board and any non-curricular health
673	673	15 and safety requirements added by the State Board to such list
674	674	16 during the term of the charter. Nothing in this subsection (d)
675	675	17 precludes an authorizer from including non-curricular health
676	676	18 and safety requirements in a charter school contract that are
677	677	19 not contained in the list promulgated by the State Board,
678	678	20 including non-curricular health and safety requirements of the
679	679	21 authorizing local school board.
680	680	22 (e) Except as otherwise provided in the School Code, a
681	681	23 charter school shall not charge tuition; provided that a
682	682	24 charter school may charge reasonable fees for textbooks,
683	683	25 instructional materials, and student activities.
684	684	26 (f) A charter school shall be responsible for the
685	685
686	686
687	687
688	688
689	689
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691	691
692	692
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695	695	1 management and operation of its fiscal affairs, including, but
696	696	2 not limited to, the preparation of its budget. An audit of each
697	697	3 charter school's finances shall be conducted annually by an
698	698	4 outside, independent contractor retained by the charter
699	699	5 school. The contractor shall not be an employee of the charter
700	700	6 school or affiliated with the charter school or its authorizer
701	701	7 in any way, other than to audit the charter school's finances.
702	702	8 To ensure financial accountability for the use of public
703	703	9 funds, on or before December 1 of every year of operation, each
704	704	10 charter school shall submit to its authorizer and the State
705	705	11 Board a copy of its audit and a copy of the Form 990 the
706	706	12 charter school filed that year with the federal Internal
707	707	13 Revenue Service. In addition, if deemed necessary for proper
708	708	14 financial oversight of the charter school, an authorizer may
709	709	15 require quarterly financial statements from each charter
710	710	16 school.
711	711	17 (g) A charter school shall comply with all provisions of
712	712	18 this Article, the Illinois Educational Labor Relations Act,
713	713	19 all federal and State laws and rules applicable to public
714	714	20 schools that pertain to special education and the instruction
715	715	21 of English learners, and its charter. A charter school is
716	716	22 exempt from all other State laws and regulations in this Code
717	717	23 governing public schools and local school board policies;
718	718	24 however, a charter school is not exempt from the following:
719	719	25 (1) Sections 10-21.9 and 34-18.5 of this Code
720	720	26 regarding criminal history records checks and checks of
721	721
722	722
723	723
724	724
725	725
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727	727
728	728
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731	731	1 the Statewide Sex Offender Database and Statewide Murderer
732	732	2 and Violent Offender Against Youth Database of applicants
733	733	3 for employment;
734	734	4 (2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and
735	735	5 34-84a of this Code regarding discipline of students;
736	736	6 (3) the Local Governmental and Governmental Employees
737	737	7 Tort Immunity Act;
738	738	8 (4) Section 108.75 of the General Not For Profit
739	739	9 Corporation Act of 1986 regarding indemnification of
740	740	10 officers, directors, employees, and agents;
741	741	11 (5) the Abused and Neglected Child Reporting Act;
742	742	12 (5.5) subsection (b) of Section 10-23.12 and
743	743	13 subsection (b) of Section 34-18.6 of this Code;
744	744	14 (6) the Illinois School Student Records Act;
745	745	15 (7) Section 10-17a of this Code regarding school
746	746	16 report cards;
747	747	17 (8) the P-20 Longitudinal Education Data System Act;
748	748	18 (9) Section 27-23.7 of this Code regarding bullying
749	749	19 prevention;
750	750	20 (10) Section 2-3.162 of this Code regarding student
751	751	21 discipline reporting;
752	752	22 (11) Sections 22-80 and 27-8.1 of this Code;
753	753	23 (12) Sections 10-20.60 and 34-18.53 of this Code;
754	754	24 (13) Sections 10-20.63 and 34-18.56 of this Code;
755	755	25 (14) Sections 22-90 and 26-18 of this Code;
756	756	26 (15) Section 22-30 of this Code;
757	757
758	758
759	759
760	760
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763	763
764	764
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767	767	1 (16) Sections 24-12 and 34-85 of this Code;
768	768	2 (17) the Seizure Smart School Act;
769	769	3 (18) Section 2-3.64a-10 of this Code;
770	770	4 (19) Sections 10-20.73 and 34-21.9 of this Code;
771	771	5 (20) Section 10-22.25b of this Code;
772	772	6 (21) (blank); Section 27-9.1a of this Code;
773	773	7 (22) Section 27-9.1b of this Code;
774	774	8 (23) (blank); Section 34-18.8 of this Code;
775	775	9 (25) Section 2-3.188 of this Code;
776	776	10 (26) Section 22-85.5 of this Code;
777	777	11 (27) subsections Subsections (d-10), (d-15), and
778	778	12 (d-20) of Section 10-20.56 of this Code; and
779	779	13 (28) Sections 10-20.83 and 34-18.78 of this Code; .
780	780	14 (29) (27) Section 10-20.13 of this Code;
781	781	15 (30) (28) Section 28-19.2 of this Code; and
782	782	16 (31) (29) Section 34-21.6 of this Code.
783	783	17 The change made by Public Act 96-104 to this subsection
784	784	18 (g) is declaratory of existing law.
785	785	19 (h) A charter school may negotiate and contract with a
786	786	20 school district, the governing body of a State college or
787	787	21 university or public community college, or any other public or
788	788	22 for-profit or nonprofit private entity for: (i) the use of a
789	789	23 school building and grounds or any other real property or
790	790	24 facilities that the charter school desires to use or convert
791	791	25 for use as a charter school site, (ii) the operation and
792	792	26 maintenance thereof, and (iii) the provision of any service,
793	793
794	794
795	795
796	796
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799	799
800	800
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803	803	1 activity, or undertaking that the charter school is required
804	804	2 to perform in order to carry out the terms of its charter.
805	805	3 However, a charter school that is established on or after
806	806	4 April 16, 2003 (the effective date of Public Act 93-3) and that
807	807	5 operates in a city having a population exceeding 500,000 may
808	808	6 not contract with a for-profit entity to manage or operate the
809	809	7 school during the period that commences on April 16, 2003 (the
810	810	8 effective date of Public Act 93-3) and concludes at the end of
811	811	9 the 2004-2005 school year. Except as provided in subsection
812	812	10 (i) of this Section, a school district may charge a charter
813	813	11 school reasonable rent for the use of the district's
814	814	12 buildings, grounds, and facilities. Any services for which a
815	815	13 charter school contracts with a school district shall be
816	816	14 provided by the district at cost. Any services for which a
817	817	15 charter school contracts with a local school board or with the
818	818	16 governing body of a State college or university or public
819	819	17 community college shall be provided by the public entity at
820	820	18 cost.
821	821	19 (i) In no event shall a charter school that is established
822	822	20 by converting an existing school or attendance center to
823	823	21 charter school status be required to pay rent for space that is
824	824	22 deemed available, as negotiated and provided in the charter
825	825	23 agreement, in school district facilities. However, all other
826	826	24 costs for the operation and maintenance of school district
827	827	25 facilities that are used by the charter school shall be
828	828	26 subject to negotiation between the charter school and the
829	829
830	830
831	831
832	832
833	833
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835	835
836	836
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839	839	1 local school board and shall be set forth in the charter.
840	840	2 (j) A charter school may limit student enrollment by age
841	841	3 or grade level.
842	842	4 (k) If the charter school is approved by the State Board or
843	843	5 Commission, then the charter school is its own local education
844	844	6 agency.
845	845	7 (Source: P.A. 101-50, eff. 7-1-20; 101-81, eff. 7-12-19;
846	846	8 101-291, eff. 1-1-20; 101-531, eff. 8-23-19; 101-543, eff.
847	847	9 8-23-19; 101-654, eff. 3-8-21; 102-51, eff. 7-9-21; 102-157,
848	848	10 eff. 7-1-22; 102-360, eff. 1-1-22; 102-445, eff. 8-20-21;
849	849	11 102-522, eff. 8-20-21; 102-558, eff. 8-20-21; 102-676, eff.
850	850	12 12-3-21; 102-697, eff. 4-5-22; 102-805, eff. 1-1-23; 102-813,
851	851	13 eff. 5-13-22; revised 12-13-22.)
852	852	14 (Text of Section after amendment by P.A. 102-702 but
853	853	15 before amendment by P.A. 102-466)
854	854	16 Sec. 27A-5. Charter school; legal entity; requirements.
855	855	17 (a) A charter school shall be a public, nonsectarian,
856	856	18 nonreligious, non-home based, and non-profit school. A charter
857	857	19 school shall be organized and operated as a nonprofit
858	858	20 corporation or other discrete, legal, nonprofit entity
859	859	21 authorized under the laws of the State of Illinois.
860	860	22 (b) A charter school may be established under this Article
861	861	23 by creating a new school or by converting an existing public
862	862	24 school or attendance center to charter school status.
863	863	25 Beginning on April 16, 2003 (the effective date of Public Act
864	864
865	865
866	866
867	867
868	868
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870	870
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874	874	1 93-3), in all new applications to establish a charter school
875	875	2 in a city having a population exceeding 500,000, operation of
876	876	3 the charter school shall be limited to one campus. The changes
877	877	4 made to this Section by Public Act 93-3 do not apply to charter
878	878	5 schools existing or approved on or before April 16, 2003 (the
879	879	6 effective date of Public Act 93-3).
880	880	7 (b-5) In this subsection (b-5), "virtual-schooling" means
881	881	8 a cyber school where students engage in online curriculum and
882	882	9 instruction via the Internet and electronic communication with
883	883	10 their teachers at remote locations and with students
884	884	11 participating at different times.
885	885	12 From April 1, 2013 through December 31, 2016, there is a
886	886	13 moratorium on the establishment of charter schools with
887	887	14 virtual-schooling components in school districts other than a
888	888	15 school district organized under Article 34 of this Code. This
889	889	16 moratorium does not apply to a charter school with
890	890	17 virtual-schooling components existing or approved prior to
891	891	18 April 1, 2013 or to the renewal of the charter of a charter
892	892	19 school with virtual-schooling components already approved
893	893	20 prior to April 1, 2013.
894	894	21 (c) A charter school shall be administered and governed by
895	895	22 its board of directors or other governing body in the manner
896	896	23 provided in its charter. The governing body of a charter
897	897	24 school shall be subject to the Freedom of Information Act and
898	898	25 the Open Meetings Act. No later than January 1, 2021 (one year
899	899	26 after the effective date of Public Act 101-291), a charter
900	900
901	901
902	902
903	903
904	904
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910	910	1 school's board of directors or other governing body must
911	911	2 include at least one parent or guardian of a pupil currently
912	912	3 enrolled in the charter school who may be selected through the
913	913	4 charter school or a charter network election, appointment by
914	914	5 the charter school's board of directors or other governing
915	915	6 body, or by the charter school's Parent Teacher Organization
916	916	7 or its equivalent.
917	917	8 (c-5) No later than January 1, 2021 (one year after the
918	918	9 effective date of Public Act 101-291) or within the first year
919	919	10 of his or her first term, every voting member of a charter
920	920	11 school's board of directors or other governing body shall
921	921	12 complete a minimum of 4 hours of professional development
922	922	13 leadership training to ensure that each member has sufficient
923	923	14 familiarity with the board's or governing body's role and
924	924	15 responsibilities, including financial oversight and
925	925	16 accountability of the school, evaluating the principal's and
926	926	17 school's performance, adherence to the Freedom of Information
927	927	18 Act and the Open Meetings Act, and compliance with education
928	928	19 and labor law. In each subsequent year of his or her term, a
929	929	20 voting member of a charter school's board of directors or
930	930	21 other governing body shall complete a minimum of 2 hours of
931	931	22 professional development training in these same areas. The
932	932	23 training under this subsection may be provided or certified by
933	933	24 a statewide charter school membership association or may be
934	934	25 provided or certified by other qualified providers approved by
935	935	26 the State Board of Education.
936	936
937	937
938	938
939	939
940	940
941	941	HB3168 - 25 - LRB103 27846 RJT 54224 b
942	942
943	943
944	944	HB3168- 26 -LRB103 27846 RJT 54224 b HB3168 - 26 - LRB103 27846 RJT 54224 b
945	945	HB3168 - 26 - LRB103 27846 RJT 54224 b
946	946	1 (d) For purposes of this subsection (d), "non-curricular
947	947	2 health and safety requirement" means any health and safety
948	948	3 requirement created by statute or rule to provide, maintain,
949	949	4 preserve, or safeguard safe or healthful conditions for
950	950	5 students and school personnel or to eliminate, reduce, or
951	951	6 prevent threats to the health and safety of students and
952	952	7 school personnel. "Non-curricular health and safety
953	953	8 requirement" does not include any course of study or
954	954	9 specialized instructional requirement for which the State
955	955	10 Board has established goals and learning standards or which is
956	956	11 designed primarily to impart knowledge and skills for students
957	957	12 to master and apply as an outcome of their education.
958	958	13 A charter school shall comply with all non-curricular
959	959	14 health and safety requirements applicable to public schools
960	960	15 under the laws of the State of Illinois. On or before September
961	961	16 1, 2015, the State Board shall promulgate and post on its
962	962	17 Internet website a list of non-curricular health and safety
963	963	18 requirements that a charter school must meet. The list shall
964	964	19 be updated annually no later than September 1. Any charter
965	965	20 contract between a charter school and its authorizer must
966	966	21 contain a provision that requires the charter school to follow
967	967	22 the list of all non-curricular health and safety requirements
968	968	23 promulgated by the State Board and any non-curricular health
969	969	24 and safety requirements added by the State Board to such list
970	970	25 during the term of the charter. Nothing in this subsection (d)
971	971	26 precludes an authorizer from including non-curricular health
972	972
973	973
974	974
975	975
976	976
977	977	HB3168 - 26 - LRB103 27846 RJT 54224 b
978	978
979	979
980	980	HB3168- 27 -LRB103 27846 RJT 54224 b HB3168 - 27 - LRB103 27846 RJT 54224 b
981	981	HB3168 - 27 - LRB103 27846 RJT 54224 b
982	982	1 and safety requirements in a charter school contract that are
983	983	2 not contained in the list promulgated by the State Board,
984	984	3 including non-curricular health and safety requirements of the
985	985	4 authorizing local school board.
986	986	5 (e) Except as otherwise provided in the School Code, a
987	987	6 charter school shall not charge tuition; provided that a
988	988	7 charter school may charge reasonable fees for textbooks,
989	989	8 instructional materials, and student activities.
990	990	9 (f) A charter school shall be responsible for the
991	991	10 management and operation of its fiscal affairs, including, but
992	992	11 not limited to, the preparation of its budget. An audit of each
993	993	12 charter school's finances shall be conducted annually by an
994	994	13 outside, independent contractor retained by the charter
995	995	14 school. The contractor shall not be an employee of the charter
996	996	15 school or affiliated with the charter school or its authorizer
997	997	16 in any way, other than to audit the charter school's finances.
998	998	17 To ensure financial accountability for the use of public
999	999	18 funds, on or before December 1 of every year of operation, each
1000	1000	19 charter school shall submit to its authorizer and the State
1001	1001	20 Board a copy of its audit and a copy of the Form 990 the
1002	1002	21 charter school filed that year with the federal Internal
1003	1003	22 Revenue Service. In addition, if deemed necessary for proper
1004	1004	23 financial oversight of the charter school, an authorizer may
1005	1005	24 require quarterly financial statements from each charter
1006	1006	25 school.
1007	1007	26 (g) A charter school shall comply with all provisions of
1008	1008
1009	1009
1010	1010
1011	1011
1012	1012
1013	1013	HB3168 - 27 - LRB103 27846 RJT 54224 b
1014	1014
1015	1015
1016	1016	HB3168- 28 -LRB103 27846 RJT 54224 b HB3168 - 28 - LRB103 27846 RJT 54224 b
1017	1017	HB3168 - 28 - LRB103 27846 RJT 54224 b
1018	1018	1 this Article, the Illinois Educational Labor Relations Act,
1019	1019	2 all federal and State laws and rules applicable to public
1020	1020	3 schools that pertain to special education and the instruction
1021	1021	4 of English learners, and its charter. A charter school is
1022	1022	5 exempt from all other State laws and regulations in this Code
1023	1023	6 governing public schools and local school board policies;
1024	1024	7 however, a charter school is not exempt from the following:
1025	1025	8 (1) Sections 10-21.9 and 34-18.5 of this Code
1026	1026	9 regarding criminal history records checks and checks of
1027	1027	10 the Statewide Sex Offender Database and Statewide Murderer
1028	1028	11 and Violent Offender Against Youth Database of applicants
1029	1029	12 for employment;
1030	1030	13 (2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and
1031	1031	14 34-84a of this Code regarding discipline of students;
1032	1032	15 (3) the Local Governmental and Governmental Employees
1033	1033	16 Tort Immunity Act;
1034	1034	17 (4) Section 108.75 of the General Not For Profit
1035	1035	18 Corporation Act of 1986 regarding indemnification of
1036	1036	19 officers, directors, employees, and agents;
1037	1037	20 (5) the Abused and Neglected Child Reporting Act;
1038	1038	21 (5.5) subsection (b) of Section 10-23.12 and
1039	1039	22 subsection (b) of Section 34-18.6 of this Code;
1040	1040	23 (6) the Illinois School Student Records Act;
1041	1041	24 (7) Section 10-17a of this Code regarding school
1042	1042	25 report cards;
1043	1043	26 (8) the P-20 Longitudinal Education Data System Act;
1044	1044
1045	1045
1046	1046
1047	1047
1048	1048
1049	1049	HB3168 - 28 - LRB103 27846 RJT 54224 b
1050	1050
1051	1051
1052	1052	HB3168- 29 -LRB103 27846 RJT 54224 b HB3168 - 29 - LRB103 27846 RJT 54224 b
1053	1053	HB3168 - 29 - LRB103 27846 RJT 54224 b
1054	1054	1 (9) Section 27-23.7 of this Code regarding bullying
1055	1055	2 prevention;
1056	1056	3 (10) Section 2-3.162 of this Code regarding student
1057	1057	4 discipline reporting;
1058	1058	5 (11) Sections 22-80 and 27-8.1 of this Code;
1059	1059	6 (12) Sections 10-20.60 and 34-18.53 of this Code;
1060	1060	7 (13) Sections 10-20.63 and 34-18.56 of this Code;
1061	1061	8 (14) Sections 22-90 and 26-18 of this Code;
1062	1062	9 (15) Section 22-30 of this Code;
1063	1063	10 (16) Sections 24-12 and 34-85 of this Code;
1064	1064	11 (17) the Seizure Smart School Act;
1065	1065	12 (18) Section 2-3.64a-10 of this Code;
1066	1066	13 (19) Sections 10-20.73 and 34-21.9 of this Code;
1067	1067	14 (20) Section 10-22.25b of this Code;
1068	1068	15 (21) (blank); Section 27-9.1a of this Code;
1069	1069	16 (22) Section 27-9.1b of this Code;
1070	1070	17 (23) (blank); Section 34-18.8 of this Code; and
1071	1071	18 (25) Section 2-3.188 of this Code;
1072	1072	19 (26) Section 22-85.5 of this Code;
1073	1073	20 (27) subsections Subsections (d-10), (d-15), and
1074	1074	21 (d-20) of Section 10-20.56 of this Code; and
1075	1075	22 (28) Sections 10-20.83 and 34-18.78 of this Code; .
1076	1076	23 (29) (27) Section 10-20.13 of this Code;
1077	1077	24 (30) (28) Section 28-19.2 of this Code; and
1078	1078	25 (31) (29) Section 34-21.6 of this Code; and .
1079	1079	26 (32) (25) Section 22-85.10 of this Code.
1080	1080
1081	1081
1082	1082
1083	1083
1084	1084
1085	1085	HB3168 - 29 - LRB103 27846 RJT 54224 b
1086	1086
1087	1087
1088	1088	HB3168- 30 -LRB103 27846 RJT 54224 b HB3168 - 30 - LRB103 27846 RJT 54224 b
1089	1089	HB3168 - 30 - LRB103 27846 RJT 54224 b
1090	1090	1 The change made by Public Act 96-104 to this subsection
1091	1091	2 (g) is declaratory of existing law.
1092	1092	3 (h) A charter school may negotiate and contract with a
1093	1093	4 school district, the governing body of a State college or
1094	1094	5 university or public community college, or any other public or
1095	1095	6 for-profit or nonprofit private entity for: (i) the use of a
1096	1096	7 school building and grounds or any other real property or
1097	1097	8 facilities that the charter school desires to use or convert
1098	1098	9 for use as a charter school site, (ii) the operation and
1099	1099	10 maintenance thereof, and (iii) the provision of any service,
1100	1100	11 activity, or undertaking that the charter school is required
1101	1101	12 to perform in order to carry out the terms of its charter.
1102	1102	13 However, a charter school that is established on or after
1103	1103	14 April 16, 2003 (the effective date of Public Act 93-3) and that
1104	1104	15 operates in a city having a population exceeding 500,000 may
1105	1105	16 not contract with a for-profit entity to manage or operate the
1106	1106	17 school during the period that commences on April 16, 2003 (the
1107	1107	18 effective date of Public Act 93-3) and concludes at the end of
1108	1108	19 the 2004-2005 school year. Except as provided in subsection
1109	1109	20 (i) of this Section, a school district may charge a charter
1110	1110	21 school reasonable rent for the use of the district's
1111	1111	22 buildings, grounds, and facilities. Any services for which a
1112	1112	23 charter school contracts with a school district shall be
1113	1113	24 provided by the district at cost. Any services for which a
1114	1114	25 charter school contracts with a local school board or with the
1115	1115	26 governing body of a State college or university or public
1116	1116
1117	1117
1118	1118
1119	1119
1120	1120
1121	1121	HB3168 - 30 - LRB103 27846 RJT 54224 b
1122	1122
1123	1123
1124	1124	HB3168- 31 -LRB103 27846 RJT 54224 b HB3168 - 31 - LRB103 27846 RJT 54224 b
1125	1125	HB3168 - 31 - LRB103 27846 RJT 54224 b
1126	1126	1 community college shall be provided by the public entity at
1127	1127	2 cost.
1128	1128	3 (i) In no event shall a charter school that is established
1129	1129	4 by converting an existing school or attendance center to
1130	1130	5 charter school status be required to pay rent for space that is
1131	1131	6 deemed available, as negotiated and provided in the charter
1132	1132	7 agreement, in school district facilities. However, all other
1133	1133	8 costs for the operation and maintenance of school district
1134	1134	9 facilities that are used by the charter school shall be
1135	1135	10 subject to negotiation between the charter school and the
1136	1136	11 local school board and shall be set forth in the charter.
1137	1137	12 (j) A charter school may limit student enrollment by age
1138	1138	13 or grade level.
1139	1139	14 (k) If the charter school is approved by the State Board or
1140	1140	15 Commission, then the charter school is its own local education
1141	1141	16 agency.
1142	1142	17 (Source: P.A. 101-50, eff. 7-1-20; 101-81, eff. 7-12-19;
1143	1143	18 101-291, eff. 1-1-20; 101-531, eff. 8-23-19; 101-543, eff.
1144	1144	19 8-23-19; 101-654, eff. 3-8-21; 102-51, eff. 7-9-21; 102-157,
1145	1145	20 eff. 7-1-22; 102-360, eff. 1-1-22; 102-445, eff. 8-20-21;
1146	1146	21 102-522, eff. 8-20-21; 102-558, eff. 8-20-21; 102-676, eff.
1147	1147	22 12-3-21; 102-697, eff. 4-5-22; 102-702, eff. 7-1-23; 102-805,
1148	1148	23 eff. 1-1-23; 102-813, eff. 5-13-22; revised 12-13-22.)
1149	1149	24 (Text of Section after amendment by P.A. 102-466)
1150	1150	25 Sec. 27A-5. Charter school; legal entity; requirements.
1151	1151
1152	1152
1153	1153
1154	1154
1155	1155
1156	1156	HB3168 - 31 - LRB103 27846 RJT 54224 b
1157	1157
1158	1158
1159	1159	HB3168- 32 -LRB103 27846 RJT 54224 b HB3168 - 32 - LRB103 27846 RJT 54224 b
1160	1160	HB3168 - 32 - LRB103 27846 RJT 54224 b
1161	1161	1 (a) A charter school shall be a public, nonsectarian,
1162	1162	2 nonreligious, non-home based, and non-profit school. A charter
1163	1163	3 school shall be organized and operated as a nonprofit
1164	1164	4 corporation or other discrete, legal, nonprofit entity
1165	1165	5 authorized under the laws of the State of Illinois.
1166	1166	6 (b) A charter school may be established under this Article
1167	1167	7 by creating a new school or by converting an existing public
1168	1168	8 school or attendance center to charter school status.
1169	1169	9 Beginning on April 16, 2003 (the effective date of Public Act
1170	1170	10 93-3), in all new applications to establish a charter school
1171	1171	11 in a city having a population exceeding 500,000, operation of
1172	1172	12 the charter school shall be limited to one campus. The changes
1173	1173	13 made to this Section by Public Act 93-3 do not apply to charter
1174	1174	14 schools existing or approved on or before April 16, 2003 (the
1175	1175	15 effective date of Public Act 93-3).
1176	1176	16 (b-5) In this subsection (b-5), "virtual-schooling" means
1177	1177	17 a cyber school where students engage in online curriculum and
1178	1178	18 instruction via the Internet and electronic communication with
1179	1179	19 their teachers at remote locations and with students
1180	1180	20 participating at different times.
1181	1181	21 From April 1, 2013 through December 31, 2016, there is a
1182	1182	22 moratorium on the establishment of charter schools with
1183	1183	23 virtual-schooling components in school districts other than a
1184	1184	24 school district organized under Article 34 of this Code. This
1185	1185	25 moratorium does not apply to a charter school with
1186	1186	26 virtual-schooling components existing or approved prior to
1187	1187
1188	1188
1189	1189
1190	1190
1191	1191
1192	1192	HB3168 - 32 - LRB103 27846 RJT 54224 b
1193	1193
1194	1194
1195	1195	HB3168- 33 -LRB103 27846 RJT 54224 b HB3168 - 33 - LRB103 27846 RJT 54224 b
1196	1196	HB3168 - 33 - LRB103 27846 RJT 54224 b
1197	1197	1 April 1, 2013 or to the renewal of the charter of a charter
1198	1198	2 school with virtual-schooling components already approved
1199	1199	3 prior to April 1, 2013.
1200	1200	4 (c) A charter school shall be administered and governed by
1201	1201	5 its board of directors or other governing body in the manner
1202	1202	6 provided in its charter. The governing body of a charter
1203	1203	7 school shall be subject to the Freedom of Information Act and
1204	1204	8 the Open Meetings Act. No later than January 1, 2021 (one year
1205	1205	9 after the effective date of Public Act 101-291), a charter
1206	1206	10 school's board of directors or other governing body must
1207	1207	11 include at least one parent or guardian of a pupil currently
1208	1208	12 enrolled in the charter school who may be selected through the
1209	1209	13 charter school or a charter network election, appointment by
1210	1210	14 the charter school's board of directors or other governing
1211	1211	15 body, or by the charter school's Parent Teacher Organization
1212	1212	16 or its equivalent.
1213	1213	17 (c-5) No later than January 1, 2021 (one year after the
1214	1214	18 effective date of Public Act 101-291) or within the first year
1215	1215	19 of his or her first term, every voting member of a charter
1216	1216	20 school's board of directors or other governing body shall
1217	1217	21 complete a minimum of 4 hours of professional development
1218	1218	22 leadership training to ensure that each member has sufficient
1219	1219	23 familiarity with the board's or governing body's role and
1220	1220	24 responsibilities, including financial oversight and
1221	1221	25 accountability of the school, evaluating the principal's and
1222	1222	26 school's performance, adherence to the Freedom of Information
1223	1223
1224	1224
1225	1225
1226	1226
1227	1227
1228	1228	HB3168 - 33 - LRB103 27846 RJT 54224 b
1229	1229
1230	1230
1231	1231	HB3168- 34 -LRB103 27846 RJT 54224 b HB3168 - 34 - LRB103 27846 RJT 54224 b
1232	1232	HB3168 - 34 - LRB103 27846 RJT 54224 b
1233	1233	1 Act and the Open Meetings Act, and compliance with education
1234	1234	2 and labor law. In each subsequent year of his or her term, a
1235	1235	3 voting member of a charter school's board of directors or
1236	1236	4 other governing body shall complete a minimum of 2 hours of
1237	1237	5 professional development training in these same areas. The
1238	1238	6 training under this subsection may be provided or certified by
1239	1239	7 a statewide charter school membership association or may be
1240	1240	8 provided or certified by other qualified providers approved by
1241	1241	9 the State Board of Education.
1242	1242	10 (d) For purposes of this subsection (d), "non-curricular
1243	1243	11 health and safety requirement" means any health and safety
1244	1244	12 requirement created by statute or rule to provide, maintain,
1245	1245	13 preserve, or safeguard safe or healthful conditions for
1246	1246	14 students and school personnel or to eliminate, reduce, or
1247	1247	15 prevent threats to the health and safety of students and
1248	1248	16 school personnel. "Non-curricular health and safety
1249	1249	17 requirement" does not include any course of study or
1250	1250	18 specialized instructional requirement for which the State
1251	1251	19 Board has established goals and learning standards or which is
1252	1252	20 designed primarily to impart knowledge and skills for students
1253	1253	21 to master and apply as an outcome of their education.
1254	1254	22 A charter school shall comply with all non-curricular
1255	1255	23 health and safety requirements applicable to public schools
1256	1256	24 under the laws of the State of Illinois. On or before September
1257	1257	25 1, 2015, the State Board shall promulgate and post on its
1258	1258	26 Internet website a list of non-curricular health and safety
1259	1259
1260	1260
1261	1261
1262	1262
1263	1263
1264	1264	HB3168 - 34 - LRB103 27846 RJT 54224 b
1265	1265
1266	1266
1267	1267	HB3168- 35 -LRB103 27846 RJT 54224 b HB3168 - 35 - LRB103 27846 RJT 54224 b
1268	1268	HB3168 - 35 - LRB103 27846 RJT 54224 b
1269	1269	1 requirements that a charter school must meet. The list shall
1270	1270	2 be updated annually no later than September 1. Any charter
1271	1271	3 contract between a charter school and its authorizer must
1272	1272	4 contain a provision that requires the charter school to follow
1273	1273	5 the list of all non-curricular health and safety requirements
1274	1274	6 promulgated by the State Board and any non-curricular health
1275	1275	7 and safety requirements added by the State Board to such list
1276	1276	8 during the term of the charter. Nothing in this subsection (d)
1277	1277	9 precludes an authorizer from including non-curricular health
1278	1278	10 and safety requirements in a charter school contract that are
1279	1279	11 not contained in the list promulgated by the State Board,
1280	1280	12 including non-curricular health and safety requirements of the
1281	1281	13 authorizing local school board.
1282	1282	14 (e) Except as otherwise provided in the School Code, a
1283	1283	15 charter school shall not charge tuition; provided that a
1284	1284	16 charter school may charge reasonable fees for textbooks,
1285	1285	17 instructional materials, and student activities.
1286	1286	18 (f) A charter school shall be responsible for the
1287	1287	19 management and operation of its fiscal affairs, including, but
1288	1288	20 not limited to, the preparation of its budget. An audit of each
1289	1289	21 charter school's finances shall be conducted annually by an
1290	1290	22 outside, independent contractor retained by the charter
1291	1291	23 school. The contractor shall not be an employee of the charter
1292	1292	24 school or affiliated with the charter school or its authorizer
1293	1293	25 in any way, other than to audit the charter school's finances.
1294	1294	26 To ensure financial accountability for the use of public
1295	1295
1296	1296
1297	1297
1298	1298
1299	1299
1300	1300	HB3168 - 35 - LRB103 27846 RJT 54224 b
1301	1301
1302	1302
1303	1303	HB3168- 36 -LRB103 27846 RJT 54224 b HB3168 - 36 - LRB103 27846 RJT 54224 b
1304	1304	HB3168 - 36 - LRB103 27846 RJT 54224 b
1305	1305	1 funds, on or before December 1 of every year of operation, each
1306	1306	2 charter school shall submit to its authorizer and the State
1307	1307	3 Board a copy of its audit and a copy of the Form 990 the
1308	1308	4 charter school filed that year with the federal Internal
1309	1309	5 Revenue Service. In addition, if deemed necessary for proper
1310	1310	6 financial oversight of the charter school, an authorizer may
1311	1311	7 require quarterly financial statements from each charter
1312	1312	8 school.
1313	1313	9 (g) A charter school shall comply with all provisions of
1314	1314	10 this Article, the Illinois Educational Labor Relations Act,
1315	1315	11 all federal and State laws and rules applicable to public
1316	1316	12 schools that pertain to special education and the instruction
1317	1317	13 of English learners, and its charter. A charter school is
1318	1318	14 exempt from all other State laws and regulations in this Code
1319	1319	15 governing public schools and local school board policies;
1320	1320	16 however, a charter school is not exempt from the following:
1321	1321	17 (1) Sections 10-21.9 and 34-18.5 of this Code
1322	1322	18 regarding criminal history records checks and checks of
1323	1323	19 the Statewide Sex Offender Database and Statewide Murderer
1324	1324	20 and Violent Offender Against Youth Database of applicants
1325	1325	21 for employment;
1326	1326	22 (2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and
1327	1327	23 34-84a of this Code regarding discipline of students;
1328	1328	24 (3) the Local Governmental and Governmental Employees
1329	1329	25 Tort Immunity Act;
1330	1330	26 (4) Section 108.75 of the General Not For Profit
1331	1331
1332	1332
1333	1333
1334	1334
1335	1335
1336	1336	HB3168 - 36 - LRB103 27846 RJT 54224 b
1337	1337
1338	1338
1339	1339	HB3168- 37 -LRB103 27846 RJT 54224 b HB3168 - 37 - LRB103 27846 RJT 54224 b
1340	1340	HB3168 - 37 - LRB103 27846 RJT 54224 b
1341	1341	1 Corporation Act of 1986 regarding indemnification of
1342	1342	2 officers, directors, employees, and agents;
1343	1343	3 (5) the Abused and Neglected Child Reporting Act;
1344	1344	4 (5.5) subsection (b) of Section 10-23.12 and
1345	1345	5 subsection (b) of Section 34-18.6 of this Code;
1346	1346	6 (6) the Illinois School Student Records Act;
1347	1347	7 (7) Section 10-17a of this Code regarding school
1348	1348	8 report cards;
1349	1349	9 (8) the P-20 Longitudinal Education Data System Act;
1350	1350	10 (9) Section 27-23.7 of this Code regarding bullying
1351	1351	11 prevention;
1352	1352	12 (10) Section 2-3.162 of this Code regarding student
1353	1353	13 discipline reporting;
1354	1354	14 (11) Sections 22-80 and 27-8.1 of this Code;
1355	1355	15 (12) Sections 10-20.60 and 34-18.53 of this Code;
1356	1356	16 (13) Sections 10-20.63 and 34-18.56 of this Code;
1357	1357	17 (14) Sections 22-90 and 26-18 of this Code;
1358	1358	18 (15) Section 22-30 of this Code;
1359	1359	19 (16) Sections 24-12 and 34-85 of this Code;
1360	1360	20 (17) the Seizure Smart School Act;
1361	1361	21 (18) Section 2-3.64a-10 of this Code;
1362	1362	22 (19) Sections 10-20.73 and 34-21.9 of this Code;
1363	1363	23 (20) Section 10-22.25b of this Code;
1364	1364	24 (21) (blank); Section 27-9.1a of this Code;
1365	1365	25 (22) Section 27-9.1b of this Code;
1366	1366	26 (23) (blank); Section 34-18.8 of this Code;
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1377	1377	1 (24) Article 26A of this Code; and
1378	1378	2 (25) Section 2-3.188 of this Code;
1379	1379	3 (26) Section 22-85.5 of this Code;
1380	1380	4 (27) subsections Subsections (d-10), (d-15), and
1381	1381	5 (d-20) of Section 10-20.56 of this Code; and
1382	1382	6 (28) Sections 10-20.83 and 34-18.78 of this Code; .
1383	1383	7 (29) (27) Section 10-20.13 of this Code;
1384	1384	8 (30) (28) Section 28-19.2 of this Code; and
1385	1385	9 (31) (29) Section 34-21.6 of this Code; and .
1386	1386	10 (32) (25) Section 22-85.10 of this Code.
1387	1387	11 The change made by Public Act 96-104 to this subsection
1388	1388	12 (g) is declaratory of existing law.
1389	1389	13 (h) A charter school may negotiate and contract with a
1390	1390	14 school district, the governing body of a State college or
1391	1391	15 university or public community college, or any other public or
1392	1392	16 for-profit or nonprofit private entity for: (i) the use of a
1393	1393	17 school building and grounds or any other real property or
1394	1394	18 facilities that the charter school desires to use or convert
1395	1395	19 for use as a charter school site, (ii) the operation and
1396	1396	20 maintenance thereof, and (iii) the provision of any service,
1397	1397	21 activity, or undertaking that the charter school is required
1398	1398	22 to perform in order to carry out the terms of its charter.
1399	1399	23 However, a charter school that is established on or after
1400	1400	24 April 16, 2003 (the effective date of Public Act 93-3) and that
1401	1401	25 operates in a city having a population exceeding 500,000 may
1402	1402	26 not contract with a for-profit entity to manage or operate the
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1413	1413	1 school during the period that commences on April 16, 2003 (the
1414	1414	2 effective date of Public Act 93-3) and concludes at the end of
1415	1415	3 the 2004-2005 school year. Except as provided in subsection
1416	1416	4 (i) of this Section, a school district may charge a charter
1417	1417	5 school reasonable rent for the use of the district's
1418	1418	6 buildings, grounds, and facilities. Any services for which a
1419	1419	7 charter school contracts with a school district shall be
1420	1420	8 provided by the district at cost. Any services for which a
1421	1421	9 charter school contracts with a local school board or with the
1422	1422	10 governing body of a State college or university or public
1423	1423	11 community college shall be provided by the public entity at
1424	1424	12 cost.
1425	1425	13 (i) In no event shall a charter school that is established
1426	1426	14 by converting an existing school or attendance center to
1427	1427	15 charter school status be required to pay rent for space that is
1428	1428	16 deemed available, as negotiated and provided in the charter
1429	1429	17 agreement, in school district facilities. However, all other
1430	1430	18 costs for the operation and maintenance of school district
1431	1431	19 facilities that are used by the charter school shall be
1432	1432	20 subject to negotiation between the charter school and the
1433	1433	21 local school board and shall be set forth in the charter.
1434	1434	22 (j) A charter school may limit student enrollment by age
1435	1435	23 or grade level.
1436	1436	24 (k) If the charter school is approved by the State Board or
1437	1437	25 Commission, then the charter school is its own local education
1438	1438	26 agency.
1439	1439
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1449	1449	1 (Source: P.A. 101-50, eff. 7-1-20; 101-81, eff. 7-12-19;
1450	1450	2 101-291, eff. 1-1-20; 101-531, eff. 8-23-19; 101-543, eff.
1451	1451	3 8-23-19; 101-654, eff. 3-8-21; 102-51, eff. 7-9-21; 102-157,
1452	1452	4 eff. 7-1-22; 102-360, eff. 1-1-22; 102-445, eff. 8-20-21;
1453	1453	5 102-466, eff. 7-1-25; 102-522, eff. 8-20-21; 102-558, eff.
1454	1454	6 8-20-21; 102-676, eff. 12-3-21; 102-697, eff. 4-5-22; 102-702,
1455	1455	7 eff. 7-1-23; 102-805, eff. 1-1-23; 102-813, eff. 5-13-22;
1456	1456	8 revised 12-13-22.)
1457	1457	9 (105 ILCS 5/34-18.8) (from Ch. 122, par. 34-18.8)
1458	1458	10 Sec. 34-18.8. AIDS HIV training. School counselors,
1459	1459	11 nurses, teachers, school social workers, and other school
1460	1460	12 personnel who work with pupils may students shall be trained
1461	1461	13 to have a basic knowledge of matters relating to acquired
1462	1462	14 human immunodeficiency syndrome (AIDS) virus (HIV), including
1463	1463	15 the nature of the disease infection, its causes and effects,
1464	1464	16 the means of detecting it and preventing its transmission, the
1465	1465	17 availability of appropriate sources of counseling and
1466	1466	18 referral, and any other medically accurate information that
1467	1467	19 may be is age and developmentally appropriate considering the
1468	1468	20 age and grade level of for such pupils students. The Board of
1469	1469	21 Education shall supervise such training. The State Board of
1470	1470	22 Education and the Department of Public Health shall jointly
1471	1471	23 develop standards for such training.
1472	1472	24 (Source: P.A. 102-197, eff. 7-30-21; 102-522, eff. 8-20-21;
1473	1473	25 102-813, eff. 5-13-22.)
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1484	1484	1 (105 ILCS 5/27-9.1a rep.)
1485	1485	2 Section 10. The School Code is amended by repealing
1486	1486	3 Section 27-9.1a.
1487	1487	4 Section 95. No acceleration or delay. Where this Act makes
1488	1488	5 changes in a statute that is represented in this Act by text
1489	1489	6 that is not yet or no longer in effect (for example, a Section
1490	1490	7 represented by multiple versions), the use of that text does
1491	1491	8 not accelerate or delay the taking effect of (i) the changes
1492	1492	9 made by this Act or (ii) provisions derived from any other
1493	1493	10 Public Act.
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