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
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.
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.
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A BILL FOR
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HB3168 LRB103 27846 RJT 54224 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 1. This Act may be referred to as the National Sex
5 Education Standards Repeal Law.
6 Section 5. The School Code is amended by changing Sections
7 2-3.62, 27-9.1b, 27A-5, and 34-18.8 and by adding Sections
8 27-9.1c, 27-9.5, and 27-11.5 as follows:
9 (105 ILCS 5/2-3.62) (from Ch. 122, par. 2-3.62)
10 Sec. 2-3.62. Educational service centers.
11 (a) A regional network of educational service centers
12 shall be established by the State Board of Education to
13 coordinate and combine existing services in a manner which is
14 practical and efficient and to provide new services to schools
15 as provided in this Section. Services to be made available by
16 such centers shall include the planning, implementation and
17 evaluation of:
18 (1) (blank);
19 (2) computer technology education;
20 (3) mathematics, science and reading resources for
21 teachers including continuing education, inservice
22 training and staff development.
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.
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.
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A BILL FOR
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.
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1 The centers may provide training, technical assistance,
2 coordination and planning in other program areas such as
3 school improvement, school accountability, financial planning,
4 consultation, and services, career guidance, early childhood
5 education, alcohol/drug education and prevention, family life -
6 sex comprehensive personal health and safety education and
7 comprehensive sexual health education, electronic transmission
8 of data from school districts to the State, alternative
9 education and regional special education, and
10 telecommunications systems that provide distance learning.
11 Such telecommunications systems may be obtained through the
12 Department of Central Management Services pursuant to Section
13 405-270 of the Department of Central Management Services Law
14 (20 ILCS 405/405-270). The programs and services of
15 educational service centers may be offered to private school
16 teachers and private school students within each service
17 center area provided public schools have already been afforded
18 adequate access to such programs and services.
19 Upon the abolition of the office, removal from office,
20 disqualification for office, resignation from office, or
21 expiration of the current term of office of the regional
22 superintendent of schools, whichever is earlier, the chief
23 administrative officer of the centers serving that portion of
24 a Class II county school unit outside of a city of 500,000 or
25 more inhabitants shall have and exercise, in and with respect
26 to each educational service region having a population of
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1 2,000,000 or more inhabitants and in and with respect to each
2 school district located in any such educational service
3 region, all of the rights, powers, duties, and
4 responsibilities theretofore vested by law in and exercised
5 and performed by the regional superintendent of schools for
6 that area under the provisions of this Code or any other laws
7 of this State.
8 The State Board of Education shall promulgate rules and
9 regulations necessary to implement this Section. The rules
10 shall include detailed standards which delineate the scope and
11 specific content of programs to be provided by each
12 Educational Service Center, as well as the specific planning,
13 implementation and evaluation services to be provided by each
14 Center relative to its programs. The Board shall also provide
15 the standards by which it will evaluate the programs provided
16 by each Center.
17 (b) Centers serving Class 1 county school units shall be
18 governed by an 11-member board, 3 members of which shall be
19 public school teachers nominated by the local bargaining
20 representatives to the appropriate regional superintendent for
21 appointment and no more than 3 members of which shall be from
22 each of the following categories, including but not limited to
23 superintendents, regional superintendents, school board
24 members and a representative of an institution of higher
25 education. The members of the board shall be appointed by the
26 regional superintendents whose school districts are served by
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1 the educational service center. The composition of the board
2 will reflect the revisions of this amendatory Act of 1989 as
3 the terms of office of current members expire.
4 (c) The centers shall be of sufficient size and number to
5 assure delivery of services to all local school districts in
6 the State.
7 (d) From monies appropriated for this program the State
8 Board of Education shall provide grants paid from the Personal
9 Property Tax Replacement Fund to qualifying Educational
10 Service Centers applying for such grants in accordance with
11 rules and regulations promulgated by the State Board of
12 Education to implement this Section.
13 (e) The governing authority of each of the 18 regional
14 educational service centers shall appoint a family life - sex
15 comprehensive personal health and safety education and
16 comprehensive sexual health education advisory board
17 consisting of 2 parents, 2 teachers, 2 school administrators,
18 2 school board members, 2 health care professionals, one
19 library system representative, and the director of the
20 regional educational service center who shall serve as
21 chairperson of the advisory board so appointed. Members of the
22 family life - sex comprehensive personal health and safety
23 education and comprehensive sexual health education advisory
24 boards shall serve without compensation. Each of the advisory
25 boards appointed pursuant to this subsection shall develop a
26 plan for regional teacher-parent family life - sex
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1 comprehensive personal health and safety education and
2 comprehensive sexual health education training sessions and
3 shall file a written report of such plan with the governing
4 board of their regional educational service center. The
5 directors of each of the regional educational service centers
6 shall thereupon meet, review each of the reports submitted by
7 the advisory boards and combine those reports into a single
8 written report which they shall file with the Citizens Council
9 on School Problems prior to the end of the regular school term
10 of the 1987-1988 school year.
11 (f) The 14 educational service centers serving Class I
12 county school units shall be disbanded on the first Monday of
13 August, 1995, and their statutory responsibilities and
14 programs shall be assumed by the regional offices of
15 education, subject to rules and regulations developed by the
16 State Board of Education. The regional superintendents of
17 schools elected by the voters residing in all Class I counties
18 shall serve as the chief administrators for these programs and
19 services.
20 (Source: P.A. 102-522, eff. 8-20-21.)
21 (105 ILCS 5/27-9.1b)
22 Sec. 27-9.1b. Consent education.
23 (a) In this Section:
24 "Age and developmentally appropriate" means suitable to
25 particular ages or age groups of children and adolescents,
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1 based on the developing cognitive, emotional, and behavioral
2 capacity typical for the age or age group has the meaning
3 ascribed to that term in Section 27-9.1a.
4 "Consent" means an affirmative, knowing, conscious,
5 ongoing, and voluntary agreement to engage in interpersonal,
6 physical, or sexual activity, which can be revoked at any
7 point, including during the course of interpersonal, physical,
8 or sexual activity has the meaning ascribed to that term in
9 Section 27-9.1a.
10 (b) A school district may provide age and developmentally
11 appropriate consent education in kindergarten through the 12th
12 grade.
13 (1) In kindergarten through the 5th grade, instruction
14 and materials shall include age and developmentally
15 appropriate instruction on consent and how to give and
16 receive consent, including a discussion that includes, but
17 is not limited to, all of the following:
18 (A) Setting appropriate physical boundaries with
19 others.
20 (B) Respecting the physical boundaries of others.
21 (C) The right to refuse to engage in behaviors or
22 activities that are uncomfortable or unsafe.
23 (D) Dealing with unwanted physical contact.
24 (E) Helping a peer deal with unwanted physical
25 contact.
26 (2) In the 6th through 12th grades, instruction and
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1 materials shall include age and developmentally
2 appropriate instruction on consent and how to give and
3 receive consent, including a discussion that includes, but
4 is not limited to, all of the following:
5 (A) That consent is a freely given agreement to
6 sexual activity.
7 (B) That consent to one particular sexual activity
8 does not constitute consent to other types of sexual
9 activities.
10 (C) That a person's lack of verbal or physical
11 resistance or submission resulting from the use or
12 threat of force does not constitute consent.
13 (D) That a person's manner of dress does not
14 constitute consent.
15 (E) That a person's consent to past sexual
16 activity does not constitute consent to future sexual
17 activity.
18 (F) That a person's consent to engage in sexual
19 activity with one person does not constitute consent
20 to engage in sexual activity with another person.
21 (G) That a person can withdraw consent at any
22 time.
23 (H) That a person cannot consent to sexual
24 activity if that person is unable to understand the
25 nature of the activity or give knowing consent due to
26 certain circumstances that include, but are not
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1 limited to:
2 (i) the person is incapacitated due to the use
3 or influence of alcohol or drugs;
4 (ii) the person is asleep or unconscious;
5 (iii) the person is a minor; or
6 (iv) the person is incapacitated due to a
7 mental disability.
8 (I) The legal age of consent in this State.
9 (Source: P.A. 102-522, eff. 8-20-21.)
10 (105 ILCS 5/27-9.1c new)
11 Sec. 27-9.1c. Sex education.
12 (a) In this Section:
13 "Adapt" means to modify an evidence-based program model
14 for use with a particular demographic, ethnic, linguistic, or
15 cultural group.
16 "Age appropriate" means suitable to particular ages or age
17 groups of children and adolescents, based on the developing
18 cognitive, emotional, and behavioral capacity typical for the
19 age or age group.
20 "Evidence-based program" means a program for which
21 systematic, empirical research or evaluation has provided
22 evidence of effectiveness.
23 "Medically accurate" means verified or supported by the
24 weight of research conducted in compliance with accepted
25 scientific methods and published in peer-reviewed journals, if
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1 applicable, or comprising information recognized as accurate,
2 objective, and complete.
3 "Sexting" means the act of sending, sharing, receiving, or
4 forwarding a sexually explicit or sexually suggestive image,
5 video, or text message by a digital or electronic device,
6 including, but not limited to, a mobile or cellular telephone
7 or a computer.
8 (b) No pupil shall be required to take or participate in
9 any class or course in comprehensive sex education if the
10 pupil's parent or guardian submits written objection thereto,
11 and refusal to take or participate in such course or program
12 shall not be reason for suspension or expulsion of such pupil.
13 Each class or course in comprehensive sex education offered in
14 any of grades 6 through 12 shall include instruction on both
15 abstinence and contraception for the prevention of pregnancy
16 and sexually transmitted diseases, including HIV/AIDS. Nothing
17 in this Section prohibits instruction in sanitation, hygiene,
18 or traditional courses in biology.
19 (c) All public school classes that teach sex education and
20 discuss sexual intercourse in grades 6 through 12 shall
21 emphasize that abstinence from sexual intercourse is a
22 responsible and positive decision and is the only protection
23 that is 100% effective against unwanted teenage pregnancy,
24 sexually transmitted diseases, and acquired immune deficiency
25 syndrome (AIDS) when transmitted sexually.
26 (d) All classes that teach sex education and discuss
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1 sexual intercourse in grades 6 through 12 shall satisfy the
2 following criteria:
3 (1) Course material and instruction shall be
4 developmentally and age appropriate, medically accurate,
5 and complete.
6 (2) Course material and instruction shall replicate
7 evidence-based programs or substantially incorporate
8 elements of evidence-based programs.
9 (3) Course material and instruction shall teach honor
10 and respect for monogamous heterosexual marriage.
11 (4) Course material and instruction shall place
12 substantial emphasis on both abstinence, including
13 abstinence until marriage, and contraception for the
14 prevention of pregnancy and sexually transmitted diseases
15 among youth and shall stress that abstinence is the
16 ensured method of avoiding unintended pregnancy, sexually
17 transmitted diseases, and HIV/AIDS.
18 (5) Course material and instruction shall include a
19 discussion of the possible emotional and psychological
20 consequences of preadolescent and adolescent sexual
21 intercourse and the consequences of unwanted adolescent
22 pregnancy.
23 (6) Course material and instruction shall stress that
24 sexually transmitted diseases are serious possible hazards
25 of sexual intercourse. Pupils shall be provided with
26 statistics based on the latest medical information citing
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1 the failure and success rates of condoms in preventing
2 AIDS and other sexually transmitted diseases.
3 (7) Course material and instruction shall advise
4 pupils of the laws pertaining to their financial
5 responsibility to children born in and out of wedlock.
6 (8) Course material and instruction shall advise
7 pupils of the circumstances under which it is unlawful for
8 a person to have sexual relations with an individual who
9 is under the age of 17 and for a person who is in a
10 position of trust, authority, or supervision to have
11 sexual relations with an individual who is under the age
12 of 18 pursuant to Article 11 of the Criminal Code of 2012.
13 (9) Course material and instruction shall teach pupils
14 to not make unwanted physical and verbal sexual advances
15 and how to say no to unwanted sexual advances. Pupils
16 shall be taught that it is wrong to take advantage of or to
17 exploit another person. The material and instruction shall
18 also encourage youth to resist negative peer pressure. The
19 material and instruction shall include discussion on what
20 may be considered sexual harassment or sexual assault.
21 (10) Course material and instruction shall teach
22 pupils about the dangers associated with drug and alcohol
23 consumption during pregnancy.
24 (11) Course material and instruction shall include an
25 age-appropriate discussion about sexting. The discussion
26 about sexting must include an exploration of all of the
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1 following areas:
2 (A) The possible consequences of sharing or
3 forwarding sexually explicit or sexually suggestive
4 photographs or images, videos, or text messages.
5 (B) The identification of situations in which
6 bullying or harassment may result as a consequence of
7 sexting.
8 (C) The possible long-term legal, social,
9 academic, and other consequences that may result from
10 possessing sexual content.
11 (D) The importance of using the Internet safely
12 and how sexting may pose a risk on the Internet.
13 (E) The identification of individuals in school,
14 such as a principal, teacher, school social worker, or
15 counselor, or a trusted community leader who may be
16 contacted for assistance with issues, concerns, or
17 problems.
18 (F) The development of strategies for resisting
19 peer pressure and for communicating in a positive
20 manner.
21 (e) An opportunity shall be afforded to individuals,
22 including parents or guardians, to examine the instructional
23 materials to be used in such class or course.
24 (f) The State Board of Education shall make available
25 resource materials, with the cooperation and input of the
26 agency that administers grant programs consistent with
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1 criteria (1) and (2) of subsection (d) of this Section, for
2 educating children regarding sex education and may take into
3 consideration the curriculum on this subject developed by
4 other states, as well as any other curricular materials
5 suggested by education experts and other groups that work on
6 sex education issues. Materials may include without limitation
7 model sex education curriculums and sexual health education
8 programs. The State Board of Education shall make these
9 resource materials available on its Internet website. School
10 districts that do not currently provide sex education are not
11 required to teach sex education. If a sex education class or
12 course is offered in any of grades 6 through 12, the school
13 district may choose and adapt the developmentally and
14 age-appropriate, medically accurate, evidence-based, and
15 complete sex education curriculum that meets the specific
16 needs of its community.
17 (105 ILCS 5/27-9.5 new)
18 Sec. 27-9.5. Family life. If any school district provides
19 courses of instruction designed to promote wholesome and
20 comprehensive understanding of the emotional, psychological,
21 physiological, hygienic, and social responsibility aspects of
22 family life, then such courses of instruction shall include
23 the teaching of the alternatives to abortion, appropriate to
24 the various grade levels; and whenever such courses of
25 instruction are provided in any of grades 6 through 12, then
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1 such courses also shall include instruction on the prevention,
2 transmission, and spread of AIDS. However, no pupil shall be
3 required to take or participate in any family life class or
4 course on AIDS instruction if the pupil's parent or guardian
5 submits written objection thereto, and refusal to take or
6 participate in such course or program shall not be reason for
7 suspension or expulsion of such pupil.
8 The State Superintendent of Education shall prepare and
9 make available to school districts courses of instruction
10 designed to satisfy the requirements of this Section.
11 The State Superintendent of Education shall develop a
12 procedure for evaluating and measuring the effectiveness of
13 the family life courses of instruction in each school
14 district, including the setting of reasonable goals for
15 reduced sexual activity, sexually transmitted diseases, and
16 premarital pregnancy. The State Superintendent shall
17 distribute a copy of the procedure to each school district.
18 Each school district may develop additional procedures or
19 methods for measuring the effectiveness of the family life
20 courses of instruction within the district.
21 (105 ILCS 5/27-11.5 new)
22 Sec. 27-11.5. Instruction on diseases. No pupil shall be
23 required to take or participate in instruction on diseases if
24 a parent or guardian files written objection thereto on
25 constitutional grounds, and refusal to take or participate in
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1 such instruction on such grounds shall not be reason for
2 suspension or expulsion of such pupil. Nothing in this Section
3 shall prohibit instruction in sanitation and hygiene.
4 (105 ILCS 5/27A-5)
5 (Text of Section before amendment by P.A. 102-466 and
6 102-702)
7 Sec. 27A-5. Charter school; legal entity; requirements.
8 (a) A charter school shall be a public, nonsectarian,
9 nonreligious, non-home based, and non-profit school. A charter
10 school shall be organized and operated as a nonprofit
11 corporation or other discrete, legal, nonprofit entity
12 authorized under the laws of the State of Illinois.
13 (b) A charter school may be established under this Article
14 by creating a new school or by converting an existing public
15 school or attendance center to charter school status.
16 Beginning on April 16, 2003 (the effective date of Public Act
17 93-3), in all new applications to establish a charter school
18 in a city having a population exceeding 500,000, operation of
19 the charter school shall be limited to one campus. The changes
20 made to this Section by Public Act 93-3 do not apply to charter
21 schools existing or approved on or before April 16, 2003 (the
22 effective date of Public Act 93-3).
23 (b-5) In this subsection (b-5), "virtual-schooling" means
24 a cyber school where students engage in online curriculum and
25 instruction via the Internet and electronic communication with
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1 their teachers at remote locations and with students
2 participating at different times.
3 From April 1, 2013 through December 31, 2016, there is a
4 moratorium on the establishment of charter schools with
5 virtual-schooling components in school districts other than a
6 school district organized under Article 34 of this Code. This
7 moratorium does not apply to a charter school with
8 virtual-schooling components existing or approved prior to
9 April 1, 2013 or to the renewal of the charter of a charter
10 school with virtual-schooling components already approved
11 prior to April 1, 2013.
12 (c) A charter school shall be administered and governed by
13 its board of directors or other governing body in the manner
14 provided in its charter. The governing body of a charter
15 school shall be subject to the Freedom of Information Act and
16 the Open Meetings Act. No later than January 1, 2021 (one year
17 after the effective date of Public Act 101-291), a charter
18 school's board of directors or other governing body must
19 include at least one parent or guardian of a pupil currently
20 enrolled in the charter school who may be selected through the
21 charter school or a charter network election, appointment by
22 the charter school's board of directors or other governing
23 body, or by the charter school's Parent Teacher Organization
24 or its equivalent.
25 (c-5) No later than January 1, 2021 (one year after the
26 effective date of Public Act 101-291) or within the first year
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1 of his or her first term, every voting member of a charter
2 school's board of directors or other governing body shall
3 complete a minimum of 4 hours of professional development
4 leadership training to ensure that each member has sufficient
5 familiarity with the board's or governing body's role and
6 responsibilities, including financial oversight and
7 accountability of the school, evaluating the principal's and
8 school's performance, adherence to the Freedom of Information
9 Act and the Open Meetings Act, and compliance with education
10 and labor law. In each subsequent year of his or her term, a
11 voting member of a charter school's board of directors or
12 other governing body shall complete a minimum of 2 hours of
13 professional development training in these same areas. The
14 training under this subsection may be provided or certified by
15 a statewide charter school membership association or may be
16 provided or certified by other qualified providers approved by
17 the State Board of Education.
18 (d) For purposes of this subsection (d), "non-curricular
19 health and safety requirement" means any health and safety
20 requirement created by statute or rule to provide, maintain,
21 preserve, or safeguard safe or healthful conditions for
22 students and school personnel or to eliminate, reduce, or
23 prevent threats to the health and safety of students and
24 school personnel. "Non-curricular health and safety
25 requirement" does not include any course of study or
26 specialized instructional requirement for which the State
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1 Board has established goals and learning standards or which is
2 designed primarily to impart knowledge and skills for students
3 to master and apply as an outcome of their education.
4 A charter school shall comply with all non-curricular
5 health and safety requirements applicable to public schools
6 under the laws of the State of Illinois. On or before September
7 1, 2015, the State Board shall promulgate and post on its
8 Internet website a list of non-curricular health and safety
9 requirements that a charter school must meet. The list shall
10 be updated annually no later than September 1. Any charter
11 contract between a charter school and its authorizer must
12 contain a provision that requires the charter school to follow
13 the list of all non-curricular health and safety requirements
14 promulgated by the State Board and any non-curricular health
15 and safety requirements added by the State Board to such list
16 during the term of the charter. Nothing in this subsection (d)
17 precludes an authorizer from including non-curricular health
18 and safety requirements in a charter school contract that are
19 not contained in the list promulgated by the State Board,
20 including non-curricular health and safety requirements of the
21 authorizing local school board.
22 (e) Except as otherwise provided in the School Code, a
23 charter school shall not charge tuition; provided that a
24 charter school may charge reasonable fees for textbooks,
25 instructional materials, and student activities.
26 (f) A charter school shall be responsible for the
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1 management and operation of its fiscal affairs, including, but
2 not limited to, the preparation of its budget. An audit of each
3 charter school's finances shall be conducted annually by an
4 outside, independent contractor retained by the charter
5 school. The contractor shall not be an employee of the charter
6 school or affiliated with the charter school or its authorizer
7 in any way, other than to audit the charter school's finances.
8 To ensure financial accountability for the use of public
9 funds, on or before December 1 of every year of operation, each
10 charter school shall submit to its authorizer and the State
11 Board a copy of its audit and a copy of the Form 990 the
12 charter school filed that year with the federal Internal
13 Revenue Service. In addition, if deemed necessary for proper
14 financial oversight of the charter school, an authorizer may
15 require quarterly financial statements from each charter
16 school.
17 (g) A charter school shall comply with all provisions of
18 this Article, the Illinois Educational Labor Relations Act,
19 all federal and State laws and rules applicable to public
20 schools that pertain to special education and the instruction
21 of English learners, and its charter. A charter school is
22 exempt from all other State laws and regulations in this Code
23 governing public schools and local school board policies;
24 however, a charter school is not exempt from the following:
25 (1) Sections 10-21.9 and 34-18.5 of this Code
26 regarding criminal history records checks and checks of
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1 the Statewide Sex Offender Database and Statewide Murderer
2 and Violent Offender Against Youth Database of applicants
3 for employment;
4 (2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and
5 34-84a of this Code regarding discipline of students;
6 (3) the Local Governmental and Governmental Employees
7 Tort Immunity Act;
8 (4) Section 108.75 of the General Not For Profit
9 Corporation Act of 1986 regarding indemnification of
10 officers, directors, employees, and agents;
11 (5) the Abused and Neglected Child Reporting Act;
12 (5.5) subsection (b) of Section 10-23.12 and
13 subsection (b) of Section 34-18.6 of this Code;
14 (6) the Illinois School Student Records Act;
15 (7) Section 10-17a of this Code regarding school
16 report cards;
17 (8) the P-20 Longitudinal Education Data System Act;
18 (9) Section 27-23.7 of this Code regarding bullying
19 prevention;
20 (10) Section 2-3.162 of this Code regarding student
21 discipline reporting;
22 (11) Sections 22-80 and 27-8.1 of this Code;
23 (12) Sections 10-20.60 and 34-18.53 of this Code;
24 (13) Sections 10-20.63 and 34-18.56 of this Code;
25 (14) Sections 22-90 and 26-18 of this Code;
26 (15) Section 22-30 of this Code;
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1 (16) Sections 24-12 and 34-85 of this Code;
2 (17) the Seizure Smart School Act;
3 (18) Section 2-3.64a-10 of this Code;
4 (19) Sections 10-20.73 and 34-21.9 of this Code;
5 (20) Section 10-22.25b of this Code;
6 (21) (blank); Section 27-9.1a of this Code;
7 (22) Section 27-9.1b of this Code;
8 (23) (blank); Section 34-18.8 of this Code;
9 (25) Section 2-3.188 of this Code;
10 (26) Section 22-85.5 of this Code;
11 (27) subsections Subsections (d-10), (d-15), and
12 (d-20) of Section 10-20.56 of this Code; and
13 (28) Sections 10-20.83 and 34-18.78 of this Code; .
14 (29) (27) Section 10-20.13 of this Code;
15 (30) (28) Section 28-19.2 of this Code; and
16 (31) (29) Section 34-21.6 of this Code.
17 The change made by Public Act 96-104 to this subsection
18 (g) is declaratory of existing law.
19 (h) A charter school may negotiate and contract with a
20 school district, the governing body of a State college or
21 university or public community college, or any other public or
22 for-profit or nonprofit private entity for: (i) the use of a
23 school building and grounds or any other real property or
24 facilities that the charter school desires to use or convert
25 for use as a charter school site, (ii) the operation and
26 maintenance thereof, and (iii) the provision of any service,
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1 activity, or undertaking that the charter school is required
2 to perform in order to carry out the terms of its charter.
3 However, a charter school that is established on or after
4 April 16, 2003 (the effective date of Public Act 93-3) and that
5 operates in a city having a population exceeding 500,000 may
6 not contract with a for-profit entity to manage or operate the
7 school during the period that commences on April 16, 2003 (the
8 effective date of Public Act 93-3) and concludes at the end of
9 the 2004-2005 school year. Except as provided in subsection
10 (i) of this Section, a school district may charge a charter
11 school reasonable rent for the use of the district's
12 buildings, grounds, and facilities. Any services for which a
13 charter school contracts with a school district shall be
14 provided by the district at cost. Any services for which a
15 charter school contracts with a local school board or with the
16 governing body of a State college or university or public
17 community college shall be provided by the public entity at
18 cost.
19 (i) In no event shall a charter school that is established
20 by converting an existing school or attendance center to
21 charter school status be required to pay rent for space that is
22 deemed available, as negotiated and provided in the charter
23 agreement, in school district facilities. However, all other
24 costs for the operation and maintenance of school district
25 facilities that are used by the charter school shall be
26 subject to negotiation between the charter school and the
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1 local school board and shall be set forth in the charter.
2 (j) A charter school may limit student enrollment by age
3 or grade level.
4 (k) If the charter school is approved by the State Board or
5 Commission, then the charter school is its own local education
6 agency.
7 (Source: P.A. 101-50, eff. 7-1-20; 101-81, eff. 7-12-19;
8 101-291, eff. 1-1-20; 101-531, eff. 8-23-19; 101-543, eff.
9 8-23-19; 101-654, eff. 3-8-21; 102-51, eff. 7-9-21; 102-157,
10 eff. 7-1-22; 102-360, eff. 1-1-22; 102-445, eff. 8-20-21;
11 102-522, eff. 8-20-21; 102-558, eff. 8-20-21; 102-676, eff.
12 12-3-21; 102-697, eff. 4-5-22; 102-805, eff. 1-1-23; 102-813,
13 eff. 5-13-22; revised 12-13-22.)
14 (Text of Section after amendment by P.A. 102-702 but
15 before amendment by P.A. 102-466)
16 Sec. 27A-5. Charter school; legal entity; requirements.
17 (a) A charter school shall be a public, nonsectarian,
18 nonreligious, non-home based, and non-profit school. A charter
19 school shall be organized and operated as a nonprofit
20 corporation or other discrete, legal, nonprofit entity
21 authorized under the laws of the State of Illinois.
22 (b) A charter school may be established under this Article
23 by creating a new school or by converting an existing public
24 school or attendance center to charter school status.
25 Beginning on April 16, 2003 (the effective date of Public Act
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1 93-3), in all new applications to establish a charter school
2 in a city having a population exceeding 500,000, operation of
3 the charter school shall be limited to one campus. The changes
4 made to this Section by Public Act 93-3 do not apply to charter
5 schools existing or approved on or before April 16, 2003 (the
6 effective date of Public Act 93-3).
7 (b-5) In this subsection (b-5), "virtual-schooling" means
8 a cyber school where students engage in online curriculum and
9 instruction via the Internet and electronic communication with
10 their teachers at remote locations and with students
11 participating at different times.
12 From April 1, 2013 through December 31, 2016, there is a
13 moratorium on the establishment of charter schools with
14 virtual-schooling components in school districts other than a
15 school district organized under Article 34 of this Code. This
16 moratorium does not apply to a charter school with
17 virtual-schooling components existing or approved prior to
18 April 1, 2013 or to the renewal of the charter of a charter
19 school with virtual-schooling components already approved
20 prior to April 1, 2013.
21 (c) A charter school shall be administered and governed by
22 its board of directors or other governing body in the manner
23 provided in its charter. The governing body of a charter
24 school shall be subject to the Freedom of Information Act and
25 the Open Meetings Act. No later than January 1, 2021 (one year
26 after the effective date of Public Act 101-291), a charter
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1 school's board of directors or other governing body must
2 include at least one parent or guardian of a pupil currently
3 enrolled in the charter school who may be selected through the
4 charter school or a charter network election, appointment by
5 the charter school's board of directors or other governing
6 body, or by the charter school's Parent Teacher Organization
7 or its equivalent.
8 (c-5) No later than January 1, 2021 (one year after the
9 effective date of Public Act 101-291) or within the first year
10 of his or her first term, every voting member of a charter
11 school's board of directors or other governing body shall
12 complete a minimum of 4 hours of professional development
13 leadership training to ensure that each member has sufficient
14 familiarity with the board's or governing body's role and
15 responsibilities, including financial oversight and
16 accountability of the school, evaluating the principal's and
17 school's performance, adherence to the Freedom of Information
18 Act and the Open Meetings Act, and compliance with education
19 and labor law. In each subsequent year of his or her term, a
20 voting member of a charter school's board of directors or
21 other governing body shall complete a minimum of 2 hours of
22 professional development training in these same areas. The
23 training under this subsection may be provided or certified by
24 a statewide charter school membership association or may be
25 provided or certified by other qualified providers approved by
26 the State Board of Education.
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1 (d) For purposes of this subsection (d), "non-curricular
2 health and safety requirement" means any health and safety
3 requirement created by statute or rule to provide, maintain,
4 preserve, or safeguard safe or healthful conditions for
5 students and school personnel or to eliminate, reduce, or
6 prevent threats to the health and safety of students and
7 school personnel. "Non-curricular health and safety
8 requirement" does not include any course of study or
9 specialized instructional requirement for which the State
10 Board has established goals and learning standards or which is
11 designed primarily to impart knowledge and skills for students
12 to master and apply as an outcome of their education.
13 A charter school shall comply with all non-curricular
14 health and safety requirements applicable to public schools
15 under the laws of the State of Illinois. On or before September
16 1, 2015, the State Board shall promulgate and post on its
17 Internet website a list of non-curricular health and safety
18 requirements that a charter school must meet. The list shall
19 be updated annually no later than September 1. Any charter
20 contract between a charter school and its authorizer must
21 contain a provision that requires the charter school to follow
22 the list of all non-curricular health and safety requirements
23 promulgated by the State Board and any non-curricular health
24 and safety requirements added by the State Board to such list
25 during the term of the charter. Nothing in this subsection (d)
26 precludes an authorizer from including non-curricular health
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1 and safety requirements in a charter school contract that are
2 not contained in the list promulgated by the State Board,
3 including non-curricular health and safety requirements of the
4 authorizing local school board.
5 (e) Except as otherwise provided in the School Code, a
6 charter school shall not charge tuition; provided that a
7 charter school may charge reasonable fees for textbooks,
8 instructional materials, and student activities.
9 (f) A charter school shall be responsible for the
10 management and operation of its fiscal affairs, including, but
11 not limited to, the preparation of its budget. An audit of each
12 charter school's finances shall be conducted annually by an
13 outside, independent contractor retained by the charter
14 school. The contractor shall not be an employee of the charter
15 school or affiliated with the charter school or its authorizer
16 in any way, other than to audit the charter school's finances.
17 To ensure financial accountability for the use of public
18 funds, on or before December 1 of every year of operation, each
19 charter school shall submit to its authorizer and the State
20 Board a copy of its audit and a copy of the Form 990 the
21 charter school filed that year with the federal Internal
22 Revenue Service. In addition, if deemed necessary for proper
23 financial oversight of the charter school, an authorizer may
24 require quarterly financial statements from each charter
25 school.
26 (g) A charter school shall comply with all provisions of
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1 this Article, the Illinois Educational Labor Relations Act,
2 all federal and State laws and rules applicable to public
3 schools that pertain to special education and the instruction
4 of English learners, and its charter. A charter school is
5 exempt from all other State laws and regulations in this Code
6 governing public schools and local school board policies;
7 however, a charter school is not exempt from the following:
8 (1) Sections 10-21.9 and 34-18.5 of this Code
9 regarding criminal history records checks and checks of
10 the Statewide Sex Offender Database and Statewide Murderer
11 and Violent Offender Against Youth Database of applicants
12 for employment;
13 (2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and
14 34-84a of this Code regarding discipline of students;
15 (3) the Local Governmental and Governmental Employees
16 Tort Immunity Act;
17 (4) Section 108.75 of the General Not For Profit
18 Corporation Act of 1986 regarding indemnification of
19 officers, directors, employees, and agents;
20 (5) the Abused and Neglected Child Reporting Act;
21 (5.5) subsection (b) of Section 10-23.12 and
22 subsection (b) of Section 34-18.6 of this Code;
23 (6) the Illinois School Student Records Act;
24 (7) Section 10-17a of this Code regarding school
25 report cards;
26 (8) the P-20 Longitudinal Education Data System Act;
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1 (9) Section 27-23.7 of this Code regarding bullying
2 prevention;
3 (10) Section 2-3.162 of this Code regarding student
4 discipline reporting;
5 (11) Sections 22-80 and 27-8.1 of this Code;
6 (12) Sections 10-20.60 and 34-18.53 of this Code;
7 (13) Sections 10-20.63 and 34-18.56 of this Code;
8 (14) Sections 22-90 and 26-18 of this Code;
9 (15) Section 22-30 of this Code;
10 (16) Sections 24-12 and 34-85 of this Code;
11 (17) the Seizure Smart School Act;
12 (18) Section 2-3.64a-10 of this Code;
13 (19) Sections 10-20.73 and 34-21.9 of this Code;
14 (20) Section 10-22.25b of this Code;
15 (21) (blank); Section 27-9.1a of this Code;
16 (22) Section 27-9.1b of this Code;
17 (23) (blank); Section 34-18.8 of this Code; and
18 (25) Section 2-3.188 of this Code;
19 (26) Section 22-85.5 of this Code;
20 (27) subsections Subsections (d-10), (d-15), and
21 (d-20) of Section 10-20.56 of this Code; and
22 (28) Sections 10-20.83 and 34-18.78 of this Code; .
23 (29) (27) Section 10-20.13 of this Code;
24 (30) (28) Section 28-19.2 of this Code; and
25 (31) (29) Section 34-21.6 of this Code; and .
26 (32) (25) Section 22-85.10 of this Code.
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1 The change made by Public Act 96-104 to this subsection
2 (g) is declaratory of existing law.
3 (h) A charter school may negotiate and contract with a
4 school district, the governing body of a State college or
5 university or public community college, or any other public or
6 for-profit or nonprofit private entity for: (i) the use of a
7 school building and grounds or any other real property or
8 facilities that the charter school desires to use or convert
9 for use as a charter school site, (ii) the operation and
10 maintenance thereof, and (iii) the provision of any service,
11 activity, or undertaking that the charter school is required
12 to perform in order to carry out the terms of its charter.
13 However, a charter school that is established on or after
14 April 16, 2003 (the effective date of Public Act 93-3) and that
15 operates in a city having a population exceeding 500,000 may
16 not contract with a for-profit entity to manage or operate the
17 school during the period that commences on April 16, 2003 (the
18 effective date of Public Act 93-3) and concludes at the end of
19 the 2004-2005 school year. Except as provided in subsection
20 (i) of this Section, a school district may charge a charter
21 school reasonable rent for the use of the district's
22 buildings, grounds, and facilities. Any services for which a
23 charter school contracts with a school district shall be
24 provided by the district at cost. Any services for which a
25 charter school contracts with a local school board or with the
26 governing body of a State college or university or public
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1 community college shall be provided by the public entity at
2 cost.
3 (i) In no event shall a charter school that is established
4 by converting an existing school or attendance center to
5 charter school status be required to pay rent for space that is
6 deemed available, as negotiated and provided in the charter
7 agreement, in school district facilities. However, all other
8 costs for the operation and maintenance of school district
9 facilities that are used by the charter school shall be
10 subject to negotiation between the charter school and the
11 local school board and shall be set forth in the charter.
12 (j) A charter school may limit student enrollment by age
13 or grade level.
14 (k) If the charter school is approved by the State Board or
15 Commission, then the charter school is its own local education
16 agency.
17 (Source: P.A. 101-50, eff. 7-1-20; 101-81, eff. 7-12-19;
18 101-291, eff. 1-1-20; 101-531, eff. 8-23-19; 101-543, eff.
19 8-23-19; 101-654, eff. 3-8-21; 102-51, eff. 7-9-21; 102-157,
20 eff. 7-1-22; 102-360, eff. 1-1-22; 102-445, eff. 8-20-21;
21 102-522, eff. 8-20-21; 102-558, eff. 8-20-21; 102-676, eff.
22 12-3-21; 102-697, eff. 4-5-22; 102-702, eff. 7-1-23; 102-805,
23 eff. 1-1-23; 102-813, eff. 5-13-22; revised 12-13-22.)
24 (Text of Section after amendment by P.A. 102-466)
25 Sec. 27A-5. Charter school; legal entity; requirements.
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1 (a) A charter school shall be a public, nonsectarian,
2 nonreligious, non-home based, and non-profit school. A charter
3 school shall be organized and operated as a nonprofit
4 corporation or other discrete, legal, nonprofit entity
5 authorized under the laws of the State of Illinois.
6 (b) A charter school may be established under this Article
7 by creating a new school or by converting an existing public
8 school or attendance center to charter school status.
9 Beginning on April 16, 2003 (the effective date of Public Act
10 93-3), in all new applications to establish a charter school
11 in a city having a population exceeding 500,000, operation of
12 the charter school shall be limited to one campus. The changes
13 made to this Section by Public Act 93-3 do not apply to charter
14 schools existing or approved on or before April 16, 2003 (the
15 effective date of Public Act 93-3).
16 (b-5) In this subsection (b-5), "virtual-schooling" means
17 a cyber school where students engage in online curriculum and
18 instruction via the Internet and electronic communication with
19 their teachers at remote locations and with students
20 participating at different times.
21 From April 1, 2013 through December 31, 2016, there is a
22 moratorium on the establishment of charter schools with
23 virtual-schooling components in school districts other than a
24 school district organized under Article 34 of this Code. This
25 moratorium does not apply to a charter school with
26 virtual-schooling components existing or approved prior to
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1 April 1, 2013 or to the renewal of the charter of a charter
2 school with virtual-schooling components already approved
3 prior to April 1, 2013.
4 (c) A charter school shall be administered and governed by
5 its board of directors or other governing body in the manner
6 provided in its charter. The governing body of a charter
7 school shall be subject to the Freedom of Information Act and
8 the Open Meetings Act. No later than January 1, 2021 (one year
9 after the effective date of Public Act 101-291), a charter
10 school's board of directors or other governing body must
11 include at least one parent or guardian of a pupil currently
12 enrolled in the charter school who may be selected through the
13 charter school or a charter network election, appointment by
14 the charter school's board of directors or other governing
15 body, or by the charter school's Parent Teacher Organization
16 or its equivalent.
17 (c-5) No later than January 1, 2021 (one year after the
18 effective date of Public Act 101-291) or within the first year
19 of his or her first term, every voting member of a charter
20 school's board of directors or other governing body shall
21 complete a minimum of 4 hours of professional development
22 leadership training to ensure that each member has sufficient
23 familiarity with the board's or governing body's role and
24 responsibilities, including financial oversight and
25 accountability of the school, evaluating the principal's and
26 school's performance, adherence to the Freedom of Information
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1 Act and the Open Meetings Act, and compliance with education
2 and labor law. In each subsequent year of his or her term, a
3 voting member of a charter school's board of directors or
4 other governing body shall complete a minimum of 2 hours of
5 professional development training in these same areas. The
6 training under this subsection may be provided or certified by
7 a statewide charter school membership association or may be
8 provided or certified by other qualified providers approved by
9 the State Board of Education.
10 (d) For purposes of this subsection (d), "non-curricular
11 health and safety requirement" means any health and safety
12 requirement created by statute or rule to provide, maintain,
13 preserve, or safeguard safe or healthful conditions for
14 students and school personnel or to eliminate, reduce, or
15 prevent threats to the health and safety of students and
16 school personnel. "Non-curricular health and safety
17 requirement" does not include any course of study or
18 specialized instructional requirement for which the State
19 Board has established goals and learning standards or which is
20 designed primarily to impart knowledge and skills for students
21 to master and apply as an outcome of their education.
22 A charter school shall comply with all non-curricular
23 health and safety requirements applicable to public schools
24 under the laws of the State of Illinois. On or before September
25 1, 2015, the State Board shall promulgate and post on its
26 Internet website a list of non-curricular health and safety
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1 requirements that a charter school must meet. The list shall
2 be updated annually no later than September 1. Any charter
3 contract between a charter school and its authorizer must
4 contain a provision that requires the charter school to follow
5 the list of all non-curricular health and safety requirements
6 promulgated by the State Board and any non-curricular health
7 and safety requirements added by the State Board to such list
8 during the term of the charter. Nothing in this subsection (d)
9 precludes an authorizer from including non-curricular health
10 and safety requirements in a charter school contract that are
11 not contained in the list promulgated by the State Board,
12 including non-curricular health and safety requirements of the
13 authorizing local school board.
14 (e) Except as otherwise provided in the School Code, a
15 charter school shall not charge tuition; provided that a
16 charter school may charge reasonable fees for textbooks,
17 instructional materials, and student activities.
18 (f) A charter school shall be responsible for the
19 management and operation of its fiscal affairs, including, but
20 not limited to, the preparation of its budget. An audit of each
21 charter school's finances shall be conducted annually by an
22 outside, independent contractor retained by the charter
23 school. The contractor shall not be an employee of the charter
24 school or affiliated with the charter school or its authorizer
25 in any way, other than to audit the charter school's finances.
26 To ensure financial accountability for the use of public
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1 funds, on or before December 1 of every year of operation, each
2 charter school shall submit to its authorizer and the State
3 Board a copy of its audit and a copy of the Form 990 the
4 charter school filed that year with the federal Internal
5 Revenue Service. In addition, if deemed necessary for proper
6 financial oversight of the charter school, an authorizer may
7 require quarterly financial statements from each charter
8 school.
9 (g) A charter school shall comply with all provisions of
10 this Article, the Illinois Educational Labor Relations Act,
11 all federal and State laws and rules applicable to public
12 schools that pertain to special education and the instruction
13 of English learners, and its charter. A charter school is
14 exempt from all other State laws and regulations in this Code
15 governing public schools and local school board policies;
16 however, a charter school is not exempt from the following:
17 (1) Sections 10-21.9 and 34-18.5 of this Code
18 regarding criminal history records checks and checks of
19 the Statewide Sex Offender Database and Statewide Murderer
20 and Violent Offender Against Youth Database of applicants
21 for employment;
22 (2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and
23 34-84a of this Code regarding discipline of students;
24 (3) the Local Governmental and Governmental Employees
25 Tort Immunity Act;
26 (4) Section 108.75 of the General Not For Profit
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1 Corporation Act of 1986 regarding indemnification of
2 officers, directors, employees, and agents;
3 (5) the Abused and Neglected Child Reporting Act;
4 (5.5) subsection (b) of Section 10-23.12 and
5 subsection (b) of Section 34-18.6 of this Code;
6 (6) the Illinois School Student Records Act;
7 (7) Section 10-17a of this Code regarding school
8 report cards;
9 (8) the P-20 Longitudinal Education Data System Act;
10 (9) Section 27-23.7 of this Code regarding bullying
11 prevention;
12 (10) Section 2-3.162 of this Code regarding student
13 discipline reporting;
14 (11) Sections 22-80 and 27-8.1 of this Code;
15 (12) Sections 10-20.60 and 34-18.53 of this Code;
16 (13) Sections 10-20.63 and 34-18.56 of this Code;
17 (14) Sections 22-90 and 26-18 of this Code;
18 (15) Section 22-30 of this Code;
19 (16) Sections 24-12 and 34-85 of this Code;
20 (17) the Seizure Smart School Act;
21 (18) Section 2-3.64a-10 of this Code;
22 (19) Sections 10-20.73 and 34-21.9 of this Code;
23 (20) Section 10-22.25b of this Code;
24 (21) (blank); Section 27-9.1a of this Code;
25 (22) Section 27-9.1b of this Code;
26 (23) (blank); Section 34-18.8 of this Code;
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1 (24) Article 26A of this Code; and
2 (25) Section 2-3.188 of this Code;
3 (26) Section 22-85.5 of this Code;
4 (27) subsections Subsections (d-10), (d-15), and
5 (d-20) of Section 10-20.56 of this Code; and
6 (28) Sections 10-20.83 and 34-18.78 of this Code; .
7 (29) (27) Section 10-20.13 of this Code;
8 (30) (28) Section 28-19.2 of this Code; and
9 (31) (29) Section 34-21.6 of this Code; and .
10 (32) (25) Section 22-85.10 of this Code.
11 The change made by Public Act 96-104 to this subsection
12 (g) is declaratory of existing law.
13 (h) A charter school may negotiate and contract with a
14 school district, the governing body of a State college or
15 university or public community college, or any other public or
16 for-profit or nonprofit private entity for: (i) the use of a
17 school building and grounds or any other real property or
18 facilities that the charter school desires to use or convert
19 for use as a charter school site, (ii) the operation and
20 maintenance thereof, and (iii) the provision of any service,
21 activity, or undertaking that the charter school is required
22 to perform in order to carry out the terms of its charter.
23 However, a charter school that is established on or after
24 April 16, 2003 (the effective date of Public Act 93-3) and that
25 operates in a city having a population exceeding 500,000 may
26 not contract with a for-profit entity to manage or operate the
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1 school during the period that commences on April 16, 2003 (the
2 effective date of Public Act 93-3) and concludes at the end of
3 the 2004-2005 school year. Except as provided in subsection
4 (i) of this Section, a school district may charge a charter
5 school reasonable rent for the use of the district's
6 buildings, grounds, and facilities. Any services for which a
7 charter school contracts with a school district shall be
8 provided by the district at cost. Any services for which a
9 charter school contracts with a local school board or with the
10 governing body of a State college or university or public
11 community college shall be provided by the public entity at
12 cost.
13 (i) In no event shall a charter school that is established
14 by converting an existing school or attendance center to
15 charter school status be required to pay rent for space that is
16 deemed available, as negotiated and provided in the charter
17 agreement, in school district facilities. However, all other
18 costs for the operation and maintenance of school district
19 facilities that are used by the charter school shall be
20 subject to negotiation between the charter school and the
21 local school board and shall be set forth in the charter.
22 (j) A charter school may limit student enrollment by age
23 or grade level.
24 (k) If the charter school is approved by the State Board or
25 Commission, then the charter school is its own local education
26 agency.
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1 (Source: P.A. 101-50, eff. 7-1-20; 101-81, eff. 7-12-19;
2 101-291, eff. 1-1-20; 101-531, eff. 8-23-19; 101-543, eff.
3 8-23-19; 101-654, eff. 3-8-21; 102-51, eff. 7-9-21; 102-157,
4 eff. 7-1-22; 102-360, eff. 1-1-22; 102-445, eff. 8-20-21;
5 102-466, eff. 7-1-25; 102-522, eff. 8-20-21; 102-558, eff.
6 8-20-21; 102-676, eff. 12-3-21; 102-697, eff. 4-5-22; 102-702,
7 eff. 7-1-23; 102-805, eff. 1-1-23; 102-813, eff. 5-13-22;
8 revised 12-13-22.)
9 (105 ILCS 5/34-18.8) (from Ch. 122, par. 34-18.8)
10 Sec. 34-18.8. AIDS HIV training. School counselors,
11 nurses, teachers, school social workers, and other school
12 personnel who work with pupils may students shall be trained
13 to have a basic knowledge of matters relating to acquired
14 human immunodeficiency syndrome (AIDS) virus (HIV), including
15 the nature of the disease infection, its causes and effects,
16 the means of detecting it and preventing its transmission, the
17 availability of appropriate sources of counseling and
18 referral, and any other medically accurate information that
19 may be is age and developmentally appropriate considering the
20 age and grade level of for such pupils students. The Board of
21 Education shall supervise such training. The State Board of
22 Education and the Department of Public Health shall jointly
23 develop standards for such training.
24 (Source: P.A. 102-197, eff. 7-30-21; 102-522, eff. 8-20-21;
25 102-813, eff. 5-13-22.)
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1 (105 ILCS 5/27-9.1a rep.)
2 Section 10. The School Code is amended by repealing
3 Section 27-9.1a.
4 Section 95. No acceleration or delay. Where this Act makes
5 changes in a statute that is represented in this Act by text
6 that is not yet or no longer in effect (for example, a Section
7 represented by multiple versions), the use of that text does
8 not accelerate or delay the taking effect of (i) the changes
9 made by this Act or (ii) provisions derived from any other
10 Public Act.
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