Illinois 2023-2024 Regular Session

Illinois House Bill HB4175 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Public Act 103-0806
2	1		HB4175 EnrolledLRB103 34243 RJT 64069 b HB4175 Enrolled LRB103 34243 RJT 64069 b
3	2		HB4175 Enrolled LRB103 34243 RJT 64069 b
4		-	AN ACT concerning education.
5		-	Be it enacted by the People of the State of Illinois,
6		-	represented in the General Assembly:
7		-	Section 5. The School Code is amended by changing Sections
8		-	24-24, 27A-5, and 34-84a and by adding Section 22-100 as
9		-	follows:
10		-	(105 ILCS 5/22-100 new)
11		-	Sec. 22-100. Prohibition on physical discipline in
12		-	schools.
13		-	(a) In this Section:
14		-	"Corporal punishment" means a discipline method in which a
15		-	person deliberately inflicts pain upon a student in response
16		-	to the student's unacceptable behavior or inappropriate
17		-	language, with an aim to halt an offense, prevent its
18		-	recurrence, or set an example for others. "Corporal
19		-	punishment" does not include the use of physical restraint
20		-	under Sections 10-20.33 and 34-18.20.
21		-	"School personnel" means any person who is employed by,
22		-	who is on contract with, or who volunteers in a school
23		-	district, charter school, or nonpublic elementary or secondary
24		-	school, including, but not limited to, school and school
25		-	district administrators, teachers, school social workers,
26		-	school counselors, school psychologists, school nurses,
	3	+	1 AN ACT concerning education.
	4	+	2 Be it enacted by the People of the State of Illinois,
	5	+	3 represented in the General Assembly:
	6	+	4 Section 5. The School Code is amended by changing Sections
	7	+	5 24-24, 27A-5, and 34-84a and by adding Section 22-100 as
	8	+	6 follows:
	9	+	7 (105 ILCS 5/22-100 new)
	10	+	8 Sec. 22-100. Prohibition on physical discipline in
	11	+	9 schools.
	12	+	10 (a) In this Section:
	13	+	11 "Corporal punishment" means a discipline method in which a
	14	+	12 person deliberately inflicts pain upon a student in response
	15	+	13 to the student's unacceptable behavior or inappropriate
	16	+	14 language, with an aim to halt an offense, prevent its
	17	+	15 recurrence, or set an example for others. "Corporal
	18	+	16 punishment" does not include the use of physical restraint
	19	+	17 under Sections 10-20.33 and 34-18.20.
	20	+	18 "School personnel" means any person who is employed by,
	21	+	19 who is on contract with, or who volunteers in a school
	22	+	20 district, charter school, or nonpublic elementary or secondary
	23	+	21 school, including, but not limited to, school and school
	24	+	22 district administrators, teachers, school social workers,
	25	+	23 school counselors, school psychologists, school nurses,
27	26
28	27
29	28
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31	30
32	31
33		-	paraprofessionals, speech-language pathologists, cafeteria
34		-	workers, custodians, bus drivers, school resource officers, or
35		-	security guards.
36		-	(b) School personnel of any school district, charter
37		-	school, or nonpublic elementary or secondary school may not
38		-	engage in corporal punishment of a student, inflict corporal
39		-	punishment upon a student, or cause corporal punishment to be
40		-	inflicted upon a student.
41		-	(105 ILCS 5/24-24) (from Ch. 122, par. 24-24)
42		-	Sec. 24-24. Maintenance of discipline. Subject to the
43		-	limitations of all policies established or adopted under
44		-	Section 14-8.05, teachers, other licensed certificated
45		-	educational employees, and any other person, whether or not a
46		-	licensed certificated employee, providing a related service
47		-	for or with respect to a student shall maintain discipline in
48		-	the schools, including school grounds which are owned or
49		-	leased by the board and used for school purposes and
50		-	activities. In all matters relating to the discipline in and
51		-	conduct of the schools and the school children, they stand in
52		-	the relation of parents and guardians to the pupils. This
53		-	relationship shall extend to all activities connected with the
54		-	school program, including all athletic and extracurricular
55		-	programs, and may be exercised at any time for the safety and
56		-	supervision of the pupils in the absence of their parents or
57		-	guardians.
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	34	+	1 paraprofessionals, speech-language pathologists, cafeteria
	35	+	2 workers, custodians, bus drivers, school resource officers, or
	36	+	3 security guards.
	37	+	4 (b) School personnel of any school district, charter
	38	+	5 school, or nonpublic elementary or secondary school may not
	39	+	6 engage in corporal punishment of a student, inflict corporal
	40	+	7 punishment upon a student, or cause corporal punishment to be
	41	+	8 inflicted upon a student.
	42	+	9 (105 ILCS 5/24-24) (from Ch. 122, par. 24-24)
	43	+	10 Sec. 24-24. Maintenance of discipline. Subject to the
	44	+	11 limitations of all policies established or adopted under
	45	+	12 Section 14-8.05, teachers, other licensed certificated
	46	+	13 educational employees, and any other person, whether or not a
	47	+	14 licensed certificated employee, providing a related service
	48	+	15 for or with respect to a student shall maintain discipline in
	49	+	16 the schools, including school grounds which are owned or
	50	+	17 leased by the board and used for school purposes and
	51	+	18 activities. In all matters relating to the discipline in and
	52	+	19 conduct of the schools and the school children, they stand in
	53	+	20 the relation of parents and guardians to the pupils. This
	54	+	21 relationship shall extend to all activities connected with the
	55	+	22 school program, including all athletic and extracurricular
	56	+	23 programs, and may be exercised at any time for the safety and
	57	+	24 supervision of the pupils in the absence of their parents or
	58	+	25 guardians.
58	59
59	60
60		-	Nothing in this Section affects the power of the board to
61		-	establish rules with respect to discipline; except that each
62		-	board shall establish a policy on discipline, and the policy
63		-	so established shall provide, subject to the limitations of
64		-	all policies established or adopted under Section 14-8.05,
65		-	that a teacher, any other licensed certificated employee, and
66		-	any other person, whether or not a licensed certificated
67		-	employee, providing a related service for or with respect to a
68		-	student may only use reasonable force as permitted under
69		-	Sections 10-20.33 and 34-18.20 needed to maintain safety for
70		-	the other students, school personnel or persons or for the
71		-	purpose of self defense or the defense of property, shall
72		-	provide that a teacher may remove a student from the classroom
73		-	for disruptive behavior, and shall include provisions which
74		-	provide due process to students. The policy shall prohibit the
75		-	use of corporal punishment, as defined in Section 22-100, in
76		-	all circumstances not include slapping, paddling or prolonged
77		-	maintenance of students in physically painful positions nor
78		-	shall it include the intentional infliction of bodily harm.
79		-	The board may make and enforce reasonable rules of conduct
80		-	and sportsmanship for athletic and extracurricular school
81		-	events. Any person who violates such rules may be denied
82		-	admission to school events for not more than one year,
83		-	provided that written 10 days notice of the violation is given
84		-	such person and a hearing had thereon by the board pursuant to
85		-	its rules and regulations. The administration of any school
86	61
87	62
88		-	may sign complaints as agents of the school against persons
89		-	committing any offense at school events.
90		-	(Source: P.A. 88-346; 88-670, eff. 12-2-94; 89-184, eff.
91		-	7-19-95.)
92		-	(105 ILCS 5/27A-5)
93		-	(Text of Section before amendment by P.A. 102-466 and
94		-	103-472)
95		-	Sec. 27A-5. Charter school; legal entity; requirements.
96		-	(a) A charter school shall be a public, nonsectarian,
97		-	nonreligious, non-home based, and non-profit school. A charter
98		-	school shall be organized and operated as a nonprofit
99		-	corporation or other discrete, legal, nonprofit entity
100		-	authorized under the laws of the State of Illinois.
101		-	(b) A charter school may be established under this Article
102		-	by creating a new school or by converting an existing public
103		-	school or attendance center to charter school status. In all
104		-	new applications to establish a charter school in a city
105		-	having a population exceeding 500,000, operation of the
106		-	charter school shall be limited to one campus. This limitation
107		-	does not apply to charter schools existing or approved on or
108		-	before April 16, 2003.
109		-	(b-5) (Blank).
110		-	(c) A charter school shall be administered and governed by
111		-	its board of directors or other governing body in the manner
112		-	provided in its charter. The governing body of a charter
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113	65
114	66
115		-	school shall be subject to the Freedom of Information Act and
116		-	the Open Meetings Act. A charter school's board of directors
117		-	or other governing body must include at least one parent or
118		-	guardian of a pupil currently enrolled in the charter school
119		-	who may be selected through the charter school or a charter
120		-	network election, appointment by the charter school's board of
121		-	directors or other governing body, or by the charter school's
122		-	Parent Teacher Organization or its equivalent.
123		-	(c-5) No later than January 1, 2021 or within the first
124		-	year of his or her first term, every voting member of a charter
125		-	school's board of directors or other governing body shall
126		-	complete a minimum of 4 hours of professional development
127		-	leadership training to ensure that each member has sufficient
128		-	familiarity with the board's or governing body's role and
129		-	responsibilities, including financial oversight and
130		-	accountability of the school, evaluating the principal's and
131		-	school's performance, adherence to the Freedom of Information
132		-	Act and the Open Meetings Act, and compliance with education
133		-	and labor law. In each subsequent year of his or her term, a
134		-	voting member of a charter school's board of directors or
135		-	other governing body shall complete a minimum of 2 hours of
136		-	professional development training in these same areas. The
137		-	training under this subsection may be provided or certified by
138		-	a statewide charter school membership association or may be
139		-	provided or certified by other qualified providers approved by
140		-	the State Board.
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	69	+	1 Nothing in this Section affects the power of the board to
	70	+	2 establish rules with respect to discipline; except that each
	71	+	3 board shall establish a policy on discipline, and the policy
	72	+	4 so established shall provide, subject to the limitations of
	73	+	5 all policies established or adopted under Section 14-8.05,
	74	+	6 that a teacher, any other licensed certificated employee, and
	75	+	7 any other person, whether or not a licensed certificated
	76	+	8 employee, providing a related service for or with respect to a
	77	+	9 student may only use reasonable force as permitted under
	78	+	10 Sections 10-20.33 and 34-18.20 needed to maintain safety for
	79	+	11 the other students, school personnel or persons or for the
	80	+	12 purpose of self defense or the defense of property, shall
	81	+	13 provide that a teacher may remove a student from the classroom
	82	+	14 for disruptive behavior, and shall include provisions which
	83	+	15 provide due process to students. The policy shall prohibit the
	84	+	16 use of corporal punishment, as defined in Section 22-100, in
	85	+	17 all circumstances not include slapping, paddling or prolonged
	86	+	18 maintenance of students in physically painful positions nor
	87	+	19 shall it include the intentional infliction of bodily harm.
	88	+	20 The board may make and enforce reasonable rules of conduct
	89	+	21 and sportsmanship for athletic and extracurricular school
	90	+	22 events. Any person who violates such rules may be denied
	91	+	23 admission to school events for not more than one year,
	92	+	24 provided that written 10 days notice of the violation is given
	93	+	25 such person and a hearing had thereon by the board pursuant to
	94	+	26 its rules and regulations. The administration of any school
141	95
142	96
143		-	(d) For purposes of this subsection (d), "non-curricular
144		-	health and safety requirement" means any health and safety
145		-	requirement created by statute or rule to provide, maintain,
146		-	preserve, or safeguard safe or healthful conditions for
147		-	students and school personnel or to eliminate, reduce, or
148		-	prevent threats to the health and safety of students and
149		-	school personnel. "Non-curricular health and safety
150		-	requirement" does not include any course of study or
151		-	specialized instructional requirement for which the State
152		-	Board has established goals and learning standards or which is
153		-	designed primarily to impart knowledge and skills for students
154		-	to master and apply as an outcome of their education.
155		-	A charter school shall comply with all non-curricular
156		-	health and safety requirements applicable to public schools
157		-	under the laws of the State of Illinois. The State Board shall
158		-	promulgate and post on its Internet website a list of
159		-	non-curricular health and safety requirements that a charter
160		-	school must meet. The list shall be updated annually no later
161		-	than September 1. Any charter contract between a charter
162		-	school and its authorizer must contain a provision that
163		-	requires the charter school to follow the list of all
164		-	non-curricular health and safety requirements promulgated by
165		-	the State Board and any non-curricular health and safety
166		-	requirements added by the State Board to such list during the
167		-	term of the charter. Nothing in this subsection (d) precludes
168		-	an authorizer from including non-curricular health and safety
169	97
170	98
171		-	requirements in a charter school contract that are not
172		-	contained in the list promulgated by the State Board,
173		-	including non-curricular health and safety requirements of the
174		-	authorizing local school board.
175		-	(e) Except as otherwise provided in the School Code, a
176		-	charter school shall not charge tuition; provided that a
177		-	charter school may charge reasonable fees for textbooks,
178		-	instructional materials, and student activities.
179		-	(f) A charter school shall be responsible for the
180		-	management and operation of its fiscal affairs, including, but
181		-	not limited to, the preparation of its budget. An audit of each
182		-	charter school's finances shall be conducted annually by an
183		-	outside, independent contractor retained by the charter
184		-	school. The contractor shall not be an employee of the charter
185		-	school or affiliated with the charter school or its authorizer
186		-	in any way, other than to audit the charter school's finances.
187		-	To ensure financial accountability for the use of public
188		-	funds, on or before December 1 of every year of operation, each
189		-	charter school shall submit to its authorizer and the State
190		-	Board a copy of its audit and a copy of the Form 990 the
191		-	charter school filed that year with the federal Internal
192		-	Revenue Service. In addition, if deemed necessary for proper
193		-	financial oversight of the charter school, an authorizer may
194		-	require quarterly financial statements from each charter
195		-	school.
196		-	(g) A charter school shall comply with all provisions of
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197	101
198	102
199		-	this Article, the Illinois Educational Labor Relations Act,
200		-	all federal and State laws and rules applicable to public
201		-	schools that pertain to special education and the instruction
202		-	of English learners, and its charter. A charter school is
203		-	exempt from all other State laws and regulations in this Code
204		-	governing public schools and local school board policies;
205		-	however, a charter school is not exempt from the following:
206		-	(1) Sections 10-21.9 and 34-18.5 of this Code
207		-	regarding criminal history records checks and checks of
208		-	the Statewide Sex Offender Database and Statewide Murderer
209		-	and Violent Offender Against Youth Database of applicants
210		-	for employment;
211		-	(2) Sections 10-20.14, 10-22.6, 22-100, 24-24, 34-19,
212		-	and 34-84a of this Code regarding discipline of students;
213		-	(3) the Local Governmental and Governmental Employees
214		-	Tort Immunity Act;
215		-	(4) Section 108.75 of the General Not For Profit
216		-	Corporation Act of 1986 regarding indemnification of
217		-	officers, directors, employees, and agents;
218		-	(5) the Abused and Neglected Child Reporting Act;
219		-	(5.5) subsection (b) of Section 10-23.12 and
220		-	subsection (b) of Section 34-18.6 of this Code;
221		-	(6) the Illinois School Student Records Act;
222		-	(7) Section 10-17a of this Code regarding school
223		-	report cards;
224		-	(8) the P-20 Longitudinal Education Data System Act;
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	105	+	1 may sign complaints as agents of the school against persons
	106	+	2 committing any offense at school events.
	107	+	3 (Source: P.A. 88-346; 88-670, eff. 12-2-94; 89-184, eff.
	108	+	4 7-19-95.)
	109	+	5 (105 ILCS 5/27A-5)
	110	+	6 (Text of Section before amendment by P.A. 102-466 and
	111	+	7 103-472)
	112	+	8 Sec. 27A-5. Charter school; legal entity; requirements.
	113	+	9 (a) A charter school shall be a public, nonsectarian,
	114	+	10 nonreligious, non-home based, and non-profit school. A charter
	115	+	11 school shall be organized and operated as a nonprofit
	116	+	12 corporation or other discrete, legal, nonprofit entity
	117	+	13 authorized under the laws of the State of Illinois.
	118	+	14 (b) A charter school may be established under this Article
	119	+	15 by creating a new school or by converting an existing public
	120	+	16 school or attendance center to charter school status. In all
	121	+	17 new applications to establish a charter school in a city
	122	+	18 having a population exceeding 500,000, operation of the
	123	+	19 charter school shall be limited to one campus. This limitation
	124	+	20 does not apply to charter schools existing or approved on or
	125	+	21 before April 16, 2003.
	126	+	22 (b-5) (Blank).
	127	+	23 (c) A charter school shall be administered and governed by
	128	+	24 its board of directors or other governing body in the manner
	129	+	25 provided in its charter. The governing body of a charter
225	130
226	131
227		-	(9) Section 27-23.7 of this Code regarding bullying
228		-	prevention;
229		-	(10) Section 2-3.162 of this Code regarding student
230		-	discipline reporting;
231		-	(11) Sections 22-80 and 27-8.1 of this Code;
232		-	(12) Sections 10-20.60 and 34-18.53 of this Code;
233		-	(13) Sections 10-20.63 and 34-18.56 of this Code;
234		-	(14) Sections 22-90 and 26-18 of this Code;
235		-	(15) Section 22-30 of this Code;
236		-	(16) Sections 24-12 and 34-85 of this Code;
237		-	(17) the Seizure Smart School Act;
238		-	(18) Section 2-3.64a-10 of this Code;
239		-	(19) Sections 10-20.73 and 34-21.9 of this Code;
240		-	(20) Section 10-22.25b of this Code;
241		-	(21) Section 27-9.1a of this Code;
242		-	(22) Section 27-9.1b of this Code;
243		-	(23) Section 34-18.8 of this Code;
244		-	(25) Section 2-3.188 of this Code;
245		-	(26) Section 22-85.5 of this Code;
246		-	(27) subsections (d-10), (d-15), and (d-20) of Section
247		-	10-20.56 of this Code;
248		-	(28) Sections 10-20.83 and 34-18.78 of this Code;
249		-	(29) Section 10-20.13 of this Code;
250		-	(30) Section 28-19.2 of this Code;
251		-	(31) Section 34-21.6 of this Code; and
252		-	(32) Section 22-85.10 of this Code.
253	132
254	133
255		-	The change made by Public Act 96-104 to this subsection
256		-	(g) is declaratory of existing law.
257		-	(h) A charter school may negotiate and contract with a
258		-	school district, the governing body of a State college or
259		-	university or public community college, or any other public or
260		-	for-profit or nonprofit private entity for: (i) the use of a
261		-	school building and grounds or any other real property or
262		-	facilities that the charter school desires to use or convert
263		-	for use as a charter school site, (ii) the operation and
264		-	maintenance thereof, and (iii) the provision of any service,
265		-	activity, or undertaking that the charter school is required
266		-	to perform in order to carry out the terms of its charter.
267		-	Except as provided in subsection (i) of this Section, a school
268		-	district may charge a charter school reasonable rent for the
269		-	use of the district's buildings, grounds, and facilities. Any
270		-	services for which a charter school contracts with a school
271		-	district shall be provided by the district at cost. Any
272		-	services for which a charter school contracts with a local
273		-	school board or with the governing body of a State college or
274		-	university or public community college shall be provided by
275		-	the public entity at cost.
276		-	(i) In no event shall a charter school that is established
277		-	by converting an existing school or attendance center to
278		-	charter school status be required to pay rent for space that is
279		-	deemed available, as negotiated and provided in the charter
280		-	agreement, in school district facilities. However, all other
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281	136
282	137
283		-	costs for the operation and maintenance of school district
284		-	facilities that are used by the charter school shall be
285		-	subject to negotiation between the charter school and the
286		-	local school board and shall be set forth in the charter.
287		-	(j) A charter school may limit student enrollment by age
288		-	or grade level.
289		-	(k) If the charter school is authorized by the State
290		-	Board, then the charter school is its own local education
291		-	agency.
292		-	(Source: P.A. 102-51, eff. 7-9-21; 102-157, eff. 7-1-22;
293		-	102-360, eff. 1-1-22; 102-445, eff. 8-20-21; 102-522, eff.
294		-	8-20-21; 102-558, eff. 8-20-21; 102-676, eff. 12-3-21;
295		-	102-697, eff. 4-5-22; 102-702, eff. 7-1-23; 102-805, eff.
296		-	1-1-23; 102-813, eff. 5-13-22; 103-154, eff. 6-30-23; 103-175,
297		-	eff. 6-30-23.)
298		-	(Text of Section after amendment by P.A. 103-472 but
299		-	before amendment by P.A. 102-466)
300		-	Sec. 27A-5. Charter school; legal entity; requirements.
301		-	(a) A charter school shall be a public, nonsectarian,
302		-	nonreligious, non-home based, and non-profit school. A charter
303		-	school shall be organized and operated as a nonprofit
304		-	corporation or other discrete, legal, nonprofit entity
305		-	authorized under the laws of the State of Illinois.
306		-	(b) A charter school may be established under this Article
307		-	by creating a new school or by converting an existing public
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	140	+	1 school shall be subject to the Freedom of Information Act and
	141	+	2 the Open Meetings Act. A charter school's board of directors
	142	+	3 or other governing body must include at least one parent or
	143	+	4 guardian of a pupil currently enrolled in the charter school
	144	+	5 who may be selected through the charter school or a charter
	145	+	6 network election, appointment by the charter school's board of
	146	+	7 directors or other governing body, or by the charter school's
	147	+	8 Parent Teacher Organization or its equivalent.
	148	+	9 (c-5) No later than January 1, 2021 or within the first
	149	+	10 year of his or her first term, every voting member of a charter
	150	+	11 school's board of directors or other governing body shall
	151	+	12 complete a minimum of 4 hours of professional development
	152	+	13 leadership training to ensure that each member has sufficient
	153	+	14 familiarity with the board's or governing body's role and
	154	+	15 responsibilities, including financial oversight and
	155	+	16 accountability of the school, evaluating the principal's and
	156	+	17 school's performance, adherence to the Freedom of Information
	157	+	18 Act and the Open Meetings Act, and compliance with education
	158	+	19 and labor law. In each subsequent year of his or her term, a
	159	+	20 voting member of a charter school's board of directors or
	160	+	21 other governing body shall complete a minimum of 2 hours of
	161	+	22 professional development training in these same areas. The
	162	+	23 training under this subsection may be provided or certified by
	163	+	24 a statewide charter school membership association or may be
	164	+	25 provided or certified by other qualified providers approved by
	165	+	26 the State Board.
308	166
309	167
310		-	school or attendance center to charter school status. In all
311		-	new applications to establish a charter school in a city
312		-	having a population exceeding 500,000, operation of the
313		-	charter school shall be limited to one campus. This limitation
314		-	does not apply to charter schools existing or approved on or
315		-	before April 16, 2003.
316		-	(b-5) (Blank).
317		-	(c) A charter school shall be administered and governed by
318		-	its board of directors or other governing body in the manner
319		-	provided in its charter. The governing body of a charter
320		-	school shall be subject to the Freedom of Information Act and
321		-	the Open Meetings Act. A charter school's board of directors
322		-	or other governing body must include at least one parent or
323		-	guardian of a pupil currently enrolled in the charter school
324		-	who may be selected through the charter school or a charter
325		-	network election, appointment by the charter school's board of
326		-	directors or other governing body, or by the charter school's
327		-	Parent Teacher Organization or its equivalent.
328		-	(c-5) No later than January 1, 2021 or within the first
329		-	year of his or her first term, every voting member of a charter
330		-	school's board of directors or other governing body shall
331		-	complete a minimum of 4 hours of professional development
332		-	leadership training to ensure that each member has sufficient
333		-	familiarity with the board's or governing body's role and
334		-	responsibilities, including financial oversight and
335		-	accountability of the school, evaluating the principal's and
336	168
337	169
338		-	school's performance, adherence to the Freedom of Information
339		-	Act and the Open Meetings Act, and compliance with education
340		-	and labor law. In each subsequent year of his or her term, a
341		-	voting member of a charter school's board of directors or
342		-	other governing body shall complete a minimum of 2 hours of
343		-	professional development training in these same areas. The
344		-	training under this subsection may be provided or certified by
345		-	a statewide charter school membership association or may be
346		-	provided or certified by other qualified providers approved by
347		-	the State Board.
348		-	(d) For purposes of this subsection (d), "non-curricular
349		-	health and safety requirement" means any health and safety
350		-	requirement created by statute or rule to provide, maintain,
351		-	preserve, or safeguard safe or healthful conditions for
352		-	students and school personnel or to eliminate, reduce, or
353		-	prevent threats to the health and safety of students and
354		-	school personnel. "Non-curricular health and safety
355		-	requirement" does not include any course of study or
356		-	specialized instructional requirement for which the State
357		-	Board has established goals and learning standards or which is
358		-	designed primarily to impart knowledge and skills for students
359		-	to master and apply as an outcome of their education.
360		-	A charter school shall comply with all non-curricular
361		-	health and safety requirements applicable to public schools
362		-	under the laws of the State of Illinois. The State Board shall
363		-	promulgate and post on its Internet website a list of
	170	+
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364	172
365	173
366		-	non-curricular health and safety requirements that a charter
367		-	school must meet. The list shall be updated annually no later
368		-	than September 1. Any charter contract between a charter
369		-	school and its authorizer must contain a provision that
370		-	requires the charter school to follow the list of all
371		-	non-curricular health and safety requirements promulgated by
372		-	the State Board and any non-curricular health and safety
373		-	requirements added by the State Board to such list during the
374		-	term of the charter. Nothing in this subsection (d) precludes
375		-	an authorizer from including non-curricular health and safety
376		-	requirements in a charter school contract that are not
377		-	contained in the list promulgated by the State Board,
378		-	including non-curricular health and safety requirements of the
379		-	authorizing local school board.
380		-	(e) Except as otherwise provided in the School Code, a
381		-	charter school shall not charge tuition; provided that a
382		-	charter school may charge reasonable fees for textbooks,
383		-	instructional materials, and student activities.
384		-	(f) A charter school shall be responsible for the
385		-	management and operation of its fiscal affairs, including, but
386		-	not limited to, the preparation of its budget. An audit of each
387		-	charter school's finances shall be conducted annually by an
388		-	outside, independent contractor retained by the charter
389		-	school. The contractor shall not be an employee of the charter
390		-	school or affiliated with the charter school or its authorizer
391		-	in any way, other than to audit the charter school's finances.
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	176	+	1 (d) For purposes of this subsection (d), "non-curricular
	177	+	2 health and safety requirement" means any health and safety
	178	+	3 requirement created by statute or rule to provide, maintain,
	179	+	4 preserve, or safeguard safe or healthful conditions for
	180	+	5 students and school personnel or to eliminate, reduce, or
	181	+	6 prevent threats to the health and safety of students and
	182	+	7 school personnel. "Non-curricular health and safety
	183	+	8 requirement" does not include any course of study or
	184	+	9 specialized instructional requirement for which the State
	185	+	10 Board has established goals and learning standards or which is
	186	+	11 designed primarily to impart knowledge and skills for students
	187	+	12 to master and apply as an outcome of their education.
	188	+	13 A charter school shall comply with all non-curricular
	189	+	14 health and safety requirements applicable to public schools
	190	+	15 under the laws of the State of Illinois. The State Board shall
	191	+	16 promulgate and post on its Internet website a list of
	192	+	17 non-curricular health and safety requirements that a charter
	193	+	18 school must meet. The list shall be updated annually no later
	194	+	19 than September 1. Any charter contract between a charter
	195	+	20 school and its authorizer must contain a provision that
	196	+	21 requires the charter school to follow the list of all
	197	+	22 non-curricular health and safety requirements promulgated by
	198	+	23 the State Board and any non-curricular health and safety
	199	+	24 requirements added by the State Board to such list during the
	200	+	25 term of the charter. Nothing in this subsection (d) precludes
	201	+	26 an authorizer from including non-curricular health and safety
392	202
393	203
394		-	To ensure financial accountability for the use of public
395		-	funds, on or before December 1 of every year of operation, each
396		-	charter school shall submit to its authorizer and the State
397		-	Board a copy of its audit and a copy of the Form 990 the
398		-	charter school filed that year with the federal Internal
399		-	Revenue Service. In addition, if deemed necessary for proper
400		-	financial oversight of the charter school, an authorizer may
401		-	require quarterly financial statements from each charter
402		-	school.
403		-	(g) A charter school shall comply with all provisions of
404		-	this Article, the Illinois Educational Labor Relations Act,
405		-	all federal and State laws and rules applicable to public
406		-	schools that pertain to special education and the instruction
407		-	of English learners, and its charter. A charter school is
408		-	exempt from all other State laws and regulations in this Code
409		-	governing public schools and local school board policies;
410		-	however, a charter school is not exempt from the following:
411		-	(1) Sections 10-21.9 and 34-18.5 of this Code
412		-	regarding criminal history records checks and checks of
413		-	the Statewide Sex Offender Database and Statewide Murderer
414		-	and Violent Offender Against Youth Database of applicants
415		-	for employment;
416		-	(2) Sections 10-20.14, 10-22.6, 22-100, 24-24, 34-19,
417		-	and 34-84a of this Code regarding discipline of students;
418		-	(3) the Local Governmental and Governmental Employees
419		-	Tort Immunity Act;
420	204
421	205
422		-	(4) Section 108.75 of the General Not For Profit
423		-	Corporation Act of 1986 regarding indemnification of
424		-	officers, directors, employees, and agents;
425		-	(5) the Abused and Neglected Child Reporting Act;
426		-	(5.5) subsection (b) of Section 10-23.12 and
427		-	subsection (b) of Section 34-18.6 of this Code;
428		-	(6) the Illinois School Student Records Act;
429		-	(7) Section 10-17a of this Code regarding school
430		-	report cards;
431		-	(8) the P-20 Longitudinal Education Data System Act;
432		-	(9) Section 27-23.7 of this Code regarding bullying
433		-	prevention;
434		-	(10) Section 2-3.162 of this Code regarding student
435		-	discipline reporting;
436		-	(11) Sections 22-80 and 27-8.1 of this Code;
437		-	(12) Sections 10-20.60 and 34-18.53 of this Code;
438		-	(13) Sections 10-20.63 and 34-18.56 of this Code;
439		-	(14) Sections 22-90 and 26-18 of this Code;
440		-	(15) Section 22-30 of this Code;
441		-	(16) Sections 24-12 and 34-85 of this Code;
442		-	(17) the Seizure Smart School Act;
443		-	(18) Section 2-3.64a-10 of this Code;
444		-	(19) Sections 10-20.73 and 34-21.9 of this Code;
445		-	(20) Section 10-22.25b of this Code;
446		-	(21) Section 27-9.1a of this Code;
447		-	(22) Section 27-9.1b of this Code;
	206	+
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448	208
449	209
450		-	(23) Section 34-18.8 of this Code;
451		-	(25) Section 2-3.188 of this Code;
452		-	(26) Section 22-85.5 of this Code;
453		-	(27) subsections (d-10), (d-15), and (d-20) of Section
454		-	10-20.56 of this Code;
455		-	(28) Sections 10-20.83 and 34-18.78 of this Code;
456		-	(29) Section 10-20.13 of this Code;
457		-	(30) Section 28-19.2 of this Code;
458		-	(31) Section 34-21.6 of this Code; and
459		-	(32) Section 22-85.10 of this Code;
460		-	(33) Section 2-3.196 of this Code;
461		-	(34) Section 22-95 of this Code;
462		-	(35) Section 34-18.62 of this Code; and
463		-	(36) the Illinois Human Rights Act.
464		-	The change made by Public Act 96-104 to this subsection
465		-	(g) is declaratory of existing law.
466		-	(h) A charter school may negotiate and contract with a
467		-	school district, the governing body of a State college or
468		-	university or public community college, or any other public or
469		-	for-profit or nonprofit private entity for: (i) the use of a
470		-	school building and grounds or any other real property or
471		-	facilities that the charter school desires to use or convert
472		-	for use as a charter school site, (ii) the operation and
473		-	maintenance thereof, and (iii) the provision of any service,
474		-	activity, or undertaking that the charter school is required
475		-	to perform in order to carry out the terms of its charter.
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	212	+	1 requirements in a charter school contract that are not
	213	+	2 contained in the list promulgated by the State Board,
	214	+	3 including non-curricular health and safety requirements of the
	215	+	4 authorizing local school board.
	216	+	5 (e) Except as otherwise provided in the School Code, a
	217	+	6 charter school shall not charge tuition; provided that a
	218	+	7 charter school may charge reasonable fees for textbooks,
	219	+	8 instructional materials, and student activities.
	220	+	9 (f) A charter school shall be responsible for the
	221	+	10 management and operation of its fiscal affairs, including, but
	222	+	11 not limited to, the preparation of its budget. An audit of each
	223	+	12 charter school's finances shall be conducted annually by an
	224	+	13 outside, independent contractor retained by the charter
	225	+	14 school. The contractor shall not be an employee of the charter
	226	+	15 school or affiliated with the charter school or its authorizer
	227	+	16 in any way, other than to audit the charter school's finances.
	228	+	17 To ensure financial accountability for the use of public
	229	+	18 funds, on or before December 1 of every year of operation, each
	230	+	19 charter school shall submit to its authorizer and the State
	231	+	20 Board a copy of its audit and a copy of the Form 990 the
	232	+	21 charter school filed that year with the federal Internal
	233	+	22 Revenue Service. In addition, if deemed necessary for proper
	234	+	23 financial oversight of the charter school, an authorizer may
	235	+	24 require quarterly financial statements from each charter
	236	+	25 school.
	237	+	26 (g) A charter school shall comply with all provisions of
476	238
477	239
478		-	Except as provided in subsection (i) of this Section, a school
479		-	district may charge a charter school reasonable rent for the
480		-	use of the district's buildings, grounds, and facilities. Any
481		-	services for which a charter school contracts with a school
482		-	district shall be provided by the district at cost. Any
483		-	services for which a charter school contracts with a local
484		-	school board or with the governing body of a State college or
485		-	university or public community college shall be provided by
486		-	the public entity at cost.
487		-	(i) In no event shall a charter school that is established
488		-	by converting an existing school or attendance center to
489		-	charter school status be required to pay rent for space that is
490		-	deemed available, as negotiated and provided in the charter
491		-	agreement, in school district facilities. However, all other
492		-	costs for the operation and maintenance of school district
493		-	facilities that are used by the charter school shall be
494		-	subject to negotiation between the charter school and the
495		-	local school board and shall be set forth in the charter.
496		-	(j) A charter school may limit student enrollment by age
497		-	or grade level.
498		-	(k) If the charter school is authorized by the State
499		-	Board, then the charter school is its own local education
500		-	agency.
501		-	(Source: P.A. 102-51, eff. 7-9-21; 102-157, eff. 7-1-22;
502		-	102-360, eff. 1-1-22; 102-445, eff. 8-20-21; 102-522, eff.
503		-	8-20-21; 102-558, eff. 8-20-21; 102-676, eff. 12-3-21;
504	240
505	241
506		-	102-697, eff. 4-5-22; 102-702, eff. 7-1-23; 102-805, eff.
507		-	1-1-23; 102-813, eff. 5-13-22; 103-154, eff. 6-30-23; 103-175,
508		-	eff. 6-30-23; 103-472, eff. 8-1-24; revised 8-31-23.)
509		-	(Text of Section after amendment by P.A. 102-466)
510		-	Sec. 27A-5. Charter school; legal entity; requirements.
511		-	(a) A charter school shall be a public, nonsectarian,
512		-	nonreligious, non-home based, and non-profit school. A charter
513		-	school shall be organized and operated as a nonprofit
514		-	corporation or other discrete, legal, nonprofit entity
515		-	authorized under the laws of the State of Illinois.
516		-	(b) A charter school may be established under this Article
517		-	by creating a new school or by converting an existing public
518		-	school or attendance center to charter school status. In all
519		-	new applications to establish a charter school in a city
520		-	having a population exceeding 500,000, operation of the
521		-	charter school shall be limited to one campus. This limitation
522		-	does not apply to charter schools existing or approved on or
523		-	before April 16, 2003.
524		-	(b-5) (Blank).
525		-	(c) A charter school shall be administered and governed by
526		-	its board of directors or other governing body in the manner
527		-	provided in its charter. The governing body of a charter
528		-	school shall be subject to the Freedom of Information Act and
529		-	the Open Meetings Act. A charter school's board of directors
530		-	or other governing body must include at least one parent or
	242	+
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531	244
532	245
533		-	guardian of a pupil currently enrolled in the charter school
534		-	who may be selected through the charter school or a charter
535		-	network election, appointment by the charter school's board of
536		-	directors or other governing body, or by the charter school's
537		-	Parent Teacher Organization or its equivalent.
538		-	(c-5) No later than January 1, 2021 or within the first
539		-	year of his or her first term, every voting member of a charter
540		-	school's board of directors or other governing body shall
541		-	complete a minimum of 4 hours of professional development
542		-	leadership training to ensure that each member has sufficient
543		-	familiarity with the board's or governing body's role and
544		-	responsibilities, including financial oversight and
545		-	accountability of the school, evaluating the principal's and
546		-	school's performance, adherence to the Freedom of Information
547		-	Act and the Open Meetings Act, and compliance with education
548		-	and labor law. In each subsequent year of his or her term, a
549		-	voting member of a charter school's board of directors or
550		-	other governing body shall complete a minimum of 2 hours of
551		-	professional development training in these same areas. The
552		-	training under this subsection may be provided or certified by
553		-	a statewide charter school membership association or may be
554		-	provided or certified by other qualified providers approved by
555		-	the State Board.
556		-	(d) For purposes of this subsection (d), "non-curricular
557		-	health and safety requirement" means any health and safety
558		-	requirement created by statute or rule to provide, maintain,
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	247	+	HB4175 Enrolled - 8 - LRB103 34243 RJT 64069 b
	248	+	1 this Article, the Illinois Educational Labor Relations Act,
	249	+	2 all federal and State laws and rules applicable to public
	250	+	3 schools that pertain to special education and the instruction
	251	+	4 of English learners, and its charter. A charter school is
	252	+	5 exempt from all other State laws and regulations in this Code
	253	+	6 governing public schools and local school board policies;
	254	+	7 however, a charter school is not exempt from the following:
	255	+	8 (1) Sections 10-21.9 and 34-18.5 of this Code
	256	+	9 regarding criminal history records checks and checks of
	257	+	10 the Statewide Sex Offender Database and Statewide Murderer
	258	+	11 and Violent Offender Against Youth Database of applicants
	259	+	12 for employment;
	260	+	13 (2) Sections 10-20.14, 10-22.6, 22-100, 24-24, 34-19,
	261	+	14 and 34-84a of this Code regarding discipline of students;
	262	+	15 (3) the Local Governmental and Governmental Employees
	263	+	16 Tort Immunity Act;
	264	+	17 (4) Section 108.75 of the General Not For Profit
	265	+	18 Corporation Act of 1986 regarding indemnification of
	266	+	19 officers, directors, employees, and agents;
	267	+	20 (5) the Abused and Neglected Child Reporting Act;
	268	+	21 (5.5) subsection (b) of Section 10-23.12 and
	269	+	22 subsection (b) of Section 34-18.6 of this Code;
	270	+	23 (6) the Illinois School Student Records Act;
	271	+	24 (7) Section 10-17a of this Code regarding school
	272	+	25 report cards;
	273	+	26 (8) the P-20 Longitudinal Education Data System Act;
559	274
560	275
561		-	preserve, or safeguard safe or healthful conditions for
562		-	students and school personnel or to eliminate, reduce, or
563		-	prevent threats to the health and safety of students and
564		-	school personnel. "Non-curricular health and safety
565		-	requirement" does not include any course of study or
566		-	specialized instructional requirement for which the State
567		-	Board has established goals and learning standards or which is
568		-	designed primarily to impart knowledge and skills for students
569		-	to master and apply as an outcome of their education.
570		-	A charter school shall comply with all non-curricular
571		-	health and safety requirements applicable to public schools
572		-	under the laws of the State of Illinois. The State Board shall
573		-	promulgate and post on its Internet website a list of
574		-	non-curricular health and safety requirements that a charter
575		-	school must meet. The list shall be updated annually no later
576		-	than September 1. Any charter contract between a charter
577		-	school and its authorizer must contain a provision that
578		-	requires the charter school to follow the list of all
579		-	non-curricular health and safety requirements promulgated by
580		-	the State Board and any non-curricular health and safety
581		-	requirements added by the State Board to such list during the
582		-	term of the charter. Nothing in this subsection (d) precludes
583		-	an authorizer from including non-curricular health and safety
584		-	requirements in a charter school contract that are not
585		-	contained in the list promulgated by the State Board,
586		-	including non-curricular health and safety requirements of the
587	276
588	277
589		-	authorizing local school board.
590		-	(e) Except as otherwise provided in the School Code, a
591		-	charter school shall not charge tuition; provided that a
592		-	charter school may charge reasonable fees for textbooks,
593		-	instructional materials, and student activities.
594		-	(f) A charter school shall be responsible for the
595		-	management and operation of its fiscal affairs, including, but
596		-	not limited to, the preparation of its budget. An audit of each
597		-	charter school's finances shall be conducted annually by an
598		-	outside, independent contractor retained by the charter
599		-	school. The contractor shall not be an employee of the charter
600		-	school or affiliated with the charter school or its authorizer
601		-	in any way, other than to audit the charter school's finances.
602		-	To ensure financial accountability for the use of public
603		-	funds, on or before December 1 of every year of operation, each
604		-	charter school shall submit to its authorizer and the State
605		-	Board a copy of its audit and a copy of the Form 990 the
606		-	charter school filed that year with the federal Internal
607		-	Revenue Service. In addition, if deemed necessary for proper
608		-	financial oversight of the charter school, an authorizer may
609		-	require quarterly financial statements from each charter
610		-	school.
611		-	(g) A charter school shall comply with all provisions of
612		-	this Article, the Illinois Educational Labor Relations Act,
613		-	all federal and State laws and rules applicable to public
614		-	schools that pertain to special education and the instruction
	278	+
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615	280
616	281
617		-	of English learners, and its charter. A charter school is
618		-	exempt from all other State laws and regulations in this Code
619		-	governing public schools and local school board policies;
620		-	however, a charter school is not exempt from the following:
621		-	(1) Sections 10-21.9 and 34-18.5 of this Code
622		-	regarding criminal history records checks and checks of
623		-	the Statewide Sex Offender Database and Statewide Murderer
624		-	and Violent Offender Against Youth Database of applicants
625		-	for employment;
626		-	(2) Sections 10-20.14, 10-22.6, 22-100, 24-24, 34-19,
627		-	and 34-84a of this Code regarding discipline of students;
628		-	(3) the Local Governmental and Governmental Employees
629		-	Tort Immunity Act;
630		-	(4) Section 108.75 of the General Not For Profit
631		-	Corporation Act of 1986 regarding indemnification of
632		-	officers, directors, employees, and agents;
633		-	(5) the Abused and Neglected Child Reporting Act;
634		-	(5.5) subsection (b) of Section 10-23.12 and
635		-	subsection (b) of Section 34-18.6 of this Code;
636		-	(6) the Illinois School Student Records Act;
637		-	(7) Section 10-17a of this Code regarding school
638		-	report cards;
639		-	(8) the P-20 Longitudinal Education Data System Act;
640		-	(9) Section 27-23.7 of this Code regarding bullying
641		-	prevention;
642		-	(10) Section 2-3.162 of this Code regarding student
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	283	+	HB4175 Enrolled - 9 - LRB103 34243 RJT 64069 b
	284	+	1 (9) Section 27-23.7 of this Code regarding bullying
	285	+	2 prevention;
	286	+	3 (10) Section 2-3.162 of this Code regarding student
	287	+	4 discipline reporting;
	288	+	5 (11) Sections 22-80 and 27-8.1 of this Code;
	289	+	6 (12) Sections 10-20.60 and 34-18.53 of this Code;
	290	+	7 (13) Sections 10-20.63 and 34-18.56 of this Code;
	291	+	8 (14) Sections 22-90 and 26-18 of this Code;
	292	+	9 (15) Section 22-30 of this Code;
	293	+	10 (16) Sections 24-12 and 34-85 of this Code;
	294	+	11 (17) the Seizure Smart School Act;
	295	+	12 (18) Section 2-3.64a-10 of this Code;
	296	+	13 (19) Sections 10-20.73 and 34-21.9 of this Code;
	297	+	14 (20) Section 10-22.25b of this Code;
	298	+	15 (21) Section 27-9.1a of this Code;
	299	+	16 (22) Section 27-9.1b of this Code;
	300	+	17 (23) Section 34-18.8 of this Code;
	301	+	18 (25) Section 2-3.188 of this Code;
	302	+	19 (26) Section 22-85.5 of this Code;
	303	+	20 (27) subsections (d-10), (d-15), and (d-20) of Section
	304	+	21 10-20.56 of this Code;
	305	+	22 (28) Sections 10-20.83 and 34-18.78 of this Code;
	306	+	23 (29) Section 10-20.13 of this Code;
	307	+	24 (30) Section 28-19.2 of this Code;
	308	+	25 (31) Section 34-21.6 of this Code; and
	309	+	26 (32) Section 22-85.10 of this Code.
643	310
644	311
645		-	discipline reporting;
646		-	(11) Sections 22-80 and 27-8.1 of this Code;
647		-	(12) Sections 10-20.60 and 34-18.53 of this Code;
648		-	(13) Sections 10-20.63 and 34-18.56 of this Code;
649		-	(14) Sections 22-90 and 26-18 of this Code;
650		-	(15) Section 22-30 of this Code;
651		-	(16) Sections 24-12 and 34-85 of this Code;
652		-	(17) the Seizure Smart School Act;
653		-	(18) Section 2-3.64a-10 of this Code;
654		-	(19) Sections 10-20.73 and 34-21.9 of this Code;
655		-	(20) Section 10-22.25b of this Code;
656		-	(21) Section 27-9.1a of this Code;
657		-	(22) Section 27-9.1b of this Code;
658		-	(23) Section 34-18.8 of this Code;
659		-	(24) Article 26A of this Code;
660		-	(25) Section 2-3.188 of this Code;
661		-	(26) Section 22-85.5 of this Code;
662		-	(27) subsections (d-10), (d-15), and (d-20) of Section
663		-	10-20.56 of this Code;
664		-	(28) Sections 10-20.83 and 34-18.78 of this Code;
665		-	(29) Section 10-20.13 of this Code;
666		-	(30) Section 28-19.2 of this Code;
667		-	(31) Section 34-21.6 of this Code; and
668		-	(32) Section 22-85.10 of this Code;
669		-	(33) Section 2-3.196 of this Code;
670		-	(34) Section 22-95 of this Code;
671	312
672	313
673		-	(35) Section 34-18.62 of this Code; and
674		-	(36) the Illinois Human Rights Act.
675		-	The change made by Public Act 96-104 to this subsection
676		-	(g) is declaratory of existing law.
677		-	(h) A charter school may negotiate and contract with a
678		-	school district, the governing body of a State college or
679		-	university or public community college, or any other public or
680		-	for-profit or nonprofit private entity for: (i) the use of a
681		-	school building and grounds or any other real property or
682		-	facilities that the charter school desires to use or convert
683		-	for use as a charter school site, (ii) the operation and
684		-	maintenance thereof, and (iii) the provision of any service,
685		-	activity, or undertaking that the charter school is required
686		-	to perform in order to carry out the terms of its charter.
687		-	Except as provided in subsection (i) of this Section, a school
688		-	district may charge a charter school reasonable rent for the
689		-	use of the district's buildings, grounds, and facilities. Any
690		-	services for which a charter school contracts with a school
691		-	district shall be provided by the district at cost. Any
692		-	services for which a charter school contracts with a local
693		-	school board or with the governing body of a State college or
694		-	university or public community college shall be provided by
695		-	the public entity at cost.
696		-	(i) In no event shall a charter school that is established
697		-	by converting an existing school or attendance center to
698		-	charter school status be required to pay rent for space that is
	314	+
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699	316
700	317
701		-	deemed available, as negotiated and provided in the charter
702		-	agreement, in school district facilities. However, all other
703		-	costs for the operation and maintenance of school district
704		-	facilities that are used by the charter school shall be
705		-	subject to negotiation between the charter school and the
706		-	local school board and shall be set forth in the charter.
707		-	(j) A charter school may limit student enrollment by age
708		-	or grade level.
709		-	(k) If the charter school is authorized by the State
710		-	Board, then the charter school is its own local education
711		-	agency.
712		-	(Source: P.A. 102-51, eff. 7-9-21; 102-157, eff. 7-1-22;
713		-	102-360, eff. 1-1-22; 102-445, eff. 8-20-21; 102-466, eff.
714		-	7-1-25; 102-522, eff. 8-20-21; 102-558, eff. 8-20-21; 102-676,
715		-	eff. 12-3-21; 102-697, eff. 4-5-22; 102-702, eff. 7-1-23;
716		-	102-805, eff. 1-1-23; 102-813, eff. 5-13-22; 103-154, eff.
717		-	6-30-23; 103-175, eff. 6-30-23; 103-472, eff. 8-1-24; revised
718		-	8-31-23.)
719		-	(105 ILCS 5/34-84a) (from Ch. 122, par. 34-84a)
720		-	Sec. 34-84a. Maintenance of discipline. Subject to the
721		-	limitations of all policies established or adopted under
722		-	Section 14-8.05, teachers, other licensed certificated
723		-	educational employees, and any other person, whether or not a
724		-	licensed certificated employee, providing a related service
725		-	for or with respect to a student shall maintain discipline in
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	319	+	HB4175 Enrolled - 10 - LRB103 34243 RJT 64069 b
	320	+	1 The change made by Public Act 96-104 to this subsection
	321	+	2 (g) is declaratory of existing law.
	322	+	3 (h) A charter school may negotiate and contract with a
	323	+	4 school district, the governing body of a State college or
	324	+	5 university or public community college, or any other public or
	325	+	6 for-profit or nonprofit private entity for: (i) the use of a
	326	+	7 school building and grounds or any other real property or
	327	+	8 facilities that the charter school desires to use or convert
	328	+	9 for use as a charter school site, (ii) the operation and
	329	+	10 maintenance thereof, and (iii) the provision of any service,
	330	+	11 activity, or undertaking that the charter school is required
	331	+	12 to perform in order to carry out the terms of its charter.
	332	+	13 Except as provided in subsection (i) of this Section, a school
	333	+	14 district may charge a charter school reasonable rent for the
	334	+	15 use of the district's buildings, grounds, and facilities. Any
	335	+	16 services for which a charter school contracts with a school
	336	+	17 district shall be provided by the district at cost. Any
	337	+	18 services for which a charter school contracts with a local
	338	+	19 school board or with the governing body of a State college or
	339	+	20 university or public community college shall be provided by
	340	+	21 the public entity at cost.
	341	+	22 (i) In no event shall a charter school that is established
	342	+	23 by converting an existing school or attendance center to
	343	+	24 charter school status be required to pay rent for space that is
	344	+	25 deemed available, as negotiated and provided in the charter
	345	+	26 agreement, in school district facilities. However, all other
726	346
727	347
728		-	the schools, including school grounds which are owned or
729		-	leased by the board and used for school purposes and
730		-	activities. In all matters relating to the discipline in and
731		-	conduct of the schools and the school children, they stand in
732		-	the relation of parents and guardians to the pupils. This
733		-	relationship shall extend to all activities connected with the
734		-	school program, including all athletic and extracurricular
735		-	programs, and may be exercised at any time for the safety and
736		-	supervision of the pupils in the absence of their parents or
737		-	guardians.
738		-	Nothing in this Section affects the power of the board to
739		-	establish rules with respect to discipline, except that the
740		-	rules of the board must provide, subject to the limitations of
741		-	all policies established or adopted under Section 14-8.05,
742		-	that a teacher, any other licensed certificated employee, and
743		-	any other person, whether or not a licensed certificated
744		-	employee, providing a related service for or with respect to a
745		-	student may only use reasonable force as permitted under
746		-	Section 34-18.20 needed to maintain safety for the other
747		-	students, shall provide that a teacher may remove a student
748		-	from the classroom for disruptive behavior, and must include
749		-	provisions which provide due process to students. The policy
750		-	shall prohibit the use of corporal punishment, as defined in
751		-	Section 22-100, in all circumstances.
752		-	(Source: P.A. 89-184, eff. 7-19-95.)
	348	+
	349	+
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	352	+
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	355	+	HB4175 Enrolled - 11 - LRB103 34243 RJT 64069 b
	356	+	1 costs for the operation and maintenance of school district
	357	+	2 facilities that are used by the charter school shall be
	358	+	3 subject to negotiation between the charter school and the
	359	+	4 local school board and shall be set forth in the charter.
	360	+	5 (j) A charter school may limit student enrollment by age
	361	+	6 or grade level.
	362	+	7 (k) If the charter school is authorized by the State
	363	+	8 Board, then the charter school is its own local education
	364	+	9 agency.
	365	+	10 (Source: P.A. 102-51, eff. 7-9-21; 102-157, eff. 7-1-22;
	366	+	11 102-360, eff. 1-1-22; 102-445, eff. 8-20-21; 102-522, eff.
	367	+	12 8-20-21; 102-558, eff. 8-20-21; 102-676, eff. 12-3-21;
	368	+	13 102-697, eff. 4-5-22; 102-702, eff. 7-1-23; 102-805, eff.
	369	+	14 1-1-23; 102-813, eff. 5-13-22; 103-154, eff. 6-30-23; 103-175,
	370	+	15 eff. 6-30-23.)
	371	+	16 (Text of Section after amendment by P.A. 103-472 but
	372	+	17 before amendment by P.A. 102-466)
	373	+	18 Sec. 27A-5. Charter school; legal entity; requirements.
	374	+	19 (a) A charter school shall be a public, nonsectarian,
	375	+	20 nonreligious, non-home based, and non-profit school. A charter
	376	+	21 school shall be organized and operated as a nonprofit
	377	+	22 corporation or other discrete, legal, nonprofit entity
	378	+	23 authorized under the laws of the State of Illinois.
	379	+	24 (b) A charter school may be established under this Article
	380	+	25 by creating a new school or by converting an existing public
	381	+
	382	+
	383	+
	384	+
	385	+
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	391	+	1 school or attendance center to charter school status. In all
	392	+	2 new applications to establish a charter school in a city
	393	+	3 having a population exceeding 500,000, operation of the
	394	+	4 charter school shall be limited to one campus. This limitation
	395	+	5 does not apply to charter schools existing or approved on or
	396	+	6 before April 16, 2003.
	397	+	7 (b-5) (Blank).
	398	+	8 (c) A charter school shall be administered and governed by
	399	+	9 its board of directors or other governing body in the manner
	400	+	10 provided in its charter. The governing body of a charter
	401	+	11 school shall be subject to the Freedom of Information Act and
	402	+	12 the Open Meetings Act. A charter school's board of directors
	403	+	13 or other governing body must include at least one parent or
	404	+	14 guardian of a pupil currently enrolled in the charter school
	405	+	15 who may be selected through the charter school or a charter
	406	+	16 network election, appointment by the charter school's board of
	407	+	17 directors or other governing body, or by the charter school's
	408	+	18 Parent Teacher Organization or its equivalent.
	409	+	19 (c-5) No later than January 1, 2021 or within the first
	410	+	20 year of his or her first term, every voting member of a charter
	411	+	21 school's board of directors or other governing body shall
	412	+	22 complete a minimum of 4 hours of professional development
	413	+	23 leadership training to ensure that each member has sufficient
	414	+	24 familiarity with the board's or governing body's role and
	415	+	25 responsibilities, including financial oversight and
	416	+	26 accountability of the school, evaluating the principal's and
	417	+
	418	+
	419	+
	420	+
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	423	+
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	427	+	1 school's performance, adherence to the Freedom of Information
	428	+	2 Act and the Open Meetings Act, and compliance with education
	429	+	3 and labor law. In each subsequent year of his or her term, a
	430	+	4 voting member of a charter school's board of directors or
	431	+	5 other governing body shall complete a minimum of 2 hours of
	432	+	6 professional development training in these same areas. The
	433	+	7 training under this subsection may be provided or certified by
	434	+	8 a statewide charter school membership association or may be
	435	+	9 provided or certified by other qualified providers approved by
	436	+	10 the State Board.
	437	+	11 (d) For purposes of this subsection (d), "non-curricular
	438	+	12 health and safety requirement" means any health and safety
	439	+	13 requirement created by statute or rule to provide, maintain,
	440	+	14 preserve, or safeguard safe or healthful conditions for
	441	+	15 students and school personnel or to eliminate, reduce, or
	442	+	16 prevent threats to the health and safety of students and
	443	+	17 school personnel. "Non-curricular health and safety
	444	+	18 requirement" does not include any course of study or
	445	+	19 specialized instructional requirement for which the State
	446	+	20 Board has established goals and learning standards or which is
	447	+	21 designed primarily to impart knowledge and skills for students
	448	+	22 to master and apply as an outcome of their education.
	449	+	23 A charter school shall comply with all non-curricular
	450	+	24 health and safety requirements applicable to public schools
	451	+	25 under the laws of the State of Illinois. The State Board shall
	452	+	26 promulgate and post on its Internet website a list of
	453	+
	454	+
	455	+
	456	+
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	463	+	1 non-curricular health and safety requirements that a charter
	464	+	2 school must meet. The list shall be updated annually no later
	465	+	3 than September 1. Any charter contract between a charter
	466	+	4 school and its authorizer must contain a provision that
	467	+	5 requires the charter school to follow the list of all
	468	+	6 non-curricular health and safety requirements promulgated by
	469	+	7 the State Board and any non-curricular health and safety
	470	+	8 requirements added by the State Board to such list during the
	471	+	9 term of the charter. Nothing in this subsection (d) precludes
	472	+	10 an authorizer from including non-curricular health and safety
	473	+	11 requirements in a charter school contract that are not
	474	+	12 contained in the list promulgated by the State Board,
	475	+	13 including non-curricular health and safety requirements of the
	476	+	14 authorizing local school board.
	477	+	15 (e) Except as otherwise provided in the School Code, a
	478	+	16 charter school shall not charge tuition; provided that a
	479	+	17 charter school may charge reasonable fees for textbooks,
	480	+	18 instructional materials, and student activities.
	481	+	19 (f) A charter school shall be responsible for the
	482	+	20 management and operation of its fiscal affairs, including, but
	483	+	21 not limited to, the preparation of its budget. An audit of each
	484	+	22 charter school's finances shall be conducted annually by an
	485	+	23 outside, independent contractor retained by the charter
	486	+	24 school. The contractor shall not be an employee of the charter
	487	+	25 school or affiliated with the charter school or its authorizer
	488	+	26 in any way, other than to audit the charter school's finances.
	489	+
	490	+
	491	+
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	499	+	1 To ensure financial accountability for the use of public
	500	+	2 funds, on or before December 1 of every year of operation, each
	501	+	3 charter school shall submit to its authorizer and the State
	502	+	4 Board a copy of its audit and a copy of the Form 990 the
	503	+	5 charter school filed that year with the federal Internal
	504	+	6 Revenue Service. In addition, if deemed necessary for proper
	505	+	7 financial oversight of the charter school, an authorizer may
	506	+	8 require quarterly financial statements from each charter
	507	+	9 school.
	508	+	10 (g) A charter school shall comply with all provisions of
	509	+	11 this Article, the Illinois Educational Labor Relations Act,
	510	+	12 all federal and State laws and rules applicable to public
	511	+	13 schools that pertain to special education and the instruction
	512	+	14 of English learners, and its charter. A charter school is
	513	+	15 exempt from all other State laws and regulations in this Code
	514	+	16 governing public schools and local school board policies;
	515	+	17 however, a charter school is not exempt from the following:
	516	+	18 (1) Sections 10-21.9 and 34-18.5 of this Code
	517	+	19 regarding criminal history records checks and checks of
	518	+	20 the Statewide Sex Offender Database and Statewide Murderer
	519	+	21 and Violent Offender Against Youth Database of applicants
	520	+	22 for employment;
	521	+	23 (2) Sections 10-20.14, 10-22.6, 22-100, 24-24, 34-19,
	522	+	24 and 34-84a of this Code regarding discipline of students;
	523	+	25 (3) the Local Governmental and Governmental Employees
	524	+	26 Tort Immunity Act;
	525	+
	526	+
	527	+
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	531	+
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	534	+	HB4175 Enrolled - 16 - LRB103 34243 RJT 64069 b
	535	+	1 (4) Section 108.75 of the General Not For Profit
	536	+	2 Corporation Act of 1986 regarding indemnification of
	537	+	3 officers, directors, employees, and agents;
	538	+	4 (5) the Abused and Neglected Child Reporting Act;
	539	+	5 (5.5) subsection (b) of Section 10-23.12 and
	540	+	6 subsection (b) of Section 34-18.6 of this Code;
	541	+	7 (6) the Illinois School Student Records Act;
	542	+	8 (7) Section 10-17a of this Code regarding school
	543	+	9 report cards;
	544	+	10 (8) the P-20 Longitudinal Education Data System Act;
	545	+	11 (9) Section 27-23.7 of this Code regarding bullying
	546	+	12 prevention;
	547	+	13 (10) Section 2-3.162 of this Code regarding student
	548	+	14 discipline reporting;
	549	+	15 (11) Sections 22-80 and 27-8.1 of this Code;
	550	+	16 (12) Sections 10-20.60 and 34-18.53 of this Code;
	551	+	17 (13) Sections 10-20.63 and 34-18.56 of this Code;
	552	+	18 (14) Sections 22-90 and 26-18 of this Code;
	553	+	19 (15) Section 22-30 of this Code;
	554	+	20 (16) Sections 24-12 and 34-85 of this Code;
	555	+	21 (17) the Seizure Smart School Act;
	556	+	22 (18) Section 2-3.64a-10 of this Code;
	557	+	23 (19) Sections 10-20.73 and 34-21.9 of this Code;
	558	+	24 (20) Section 10-22.25b of this Code;
	559	+	25 (21) Section 27-9.1a of this Code;
	560	+	26 (22) Section 27-9.1b of this Code;
	561	+
	562	+
	563	+
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	567	+
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	570	+	HB4175 Enrolled - 17 - LRB103 34243 RJT 64069 b
	571	+	1 (23) Section 34-18.8 of this Code;
	572	+	2 (25) Section 2-3.188 of this Code;
	573	+	3 (26) Section 22-85.5 of this Code;
	574	+	4 (27) subsections (d-10), (d-15), and (d-20) of Section
	575	+	5 10-20.56 of this Code;
	576	+	6 (28) Sections 10-20.83 and 34-18.78 of this Code;
	577	+	7 (29) Section 10-20.13 of this Code;
	578	+	8 (30) Section 28-19.2 of this Code;
	579	+	9 (31) Section 34-21.6 of this Code; and
	580	+	10 (32) Section 22-85.10 of this Code;
	581	+	11 (33) Section 2-3.196 of this Code;
	582	+	12 (34) Section 22-95 of this Code;
	583	+	13 (35) Section 34-18.62 of this Code; and
	584	+	14 (36) the Illinois Human Rights Act.
	585	+	15 The change made by Public Act 96-104 to this subsection
	586	+	16 (g) is declaratory of existing law.
	587	+	17 (h) A charter school may negotiate and contract with a
	588	+	18 school district, the governing body of a State college or
	589	+	19 university or public community college, or any other public or
	590	+	20 for-profit or nonprofit private entity for: (i) the use of a
	591	+	21 school building and grounds or any other real property or
	592	+	22 facilities that the charter school desires to use or convert
	593	+	23 for use as a charter school site, (ii) the operation and
	594	+	24 maintenance thereof, and (iii) the provision of any service,
	595	+	25 activity, or undertaking that the charter school is required
	596	+	26 to perform in order to carry out the terms of its charter.
	597	+
	598	+
	599	+
	600	+
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	603	+
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	606	+	HB4175 Enrolled - 18 - LRB103 34243 RJT 64069 b
	607	+	1 Except as provided in subsection (i) of this Section, a school
	608	+	2 district may charge a charter school reasonable rent for the
	609	+	3 use of the district's buildings, grounds, and facilities. Any
	610	+	4 services for which a charter school contracts with a school
	611	+	5 district shall be provided by the district at cost. Any
	612	+	6 services for which a charter school contracts with a local
	613	+	7 school board or with the governing body of a State college or
	614	+	8 university or public community college shall be provided by
	615	+	9 the public entity at cost.
	616	+	10 (i) In no event shall a charter school that is established
	617	+	11 by converting an existing school or attendance center to
	618	+	12 charter school status be required to pay rent for space that is
	619	+	13 deemed available, as negotiated and provided in the charter
	620	+	14 agreement, in school district facilities. However, all other
	621	+	15 costs for the operation and maintenance of school district
	622	+	16 facilities that are used by the charter school shall be
	623	+	17 subject to negotiation between the charter school and the
	624	+	18 local school board and shall be set forth in the charter.
	625	+	19 (j) A charter school may limit student enrollment by age
	626	+	20 or grade level.
	627	+	21 (k) If the charter school is authorized by the State
	628	+	22 Board, then the charter school is its own local education
	629	+	23 agency.
	630	+	24 (Source: P.A. 102-51, eff. 7-9-21; 102-157, eff. 7-1-22;
	631	+	25 102-360, eff. 1-1-22; 102-445, eff. 8-20-21; 102-522, eff.
	632	+	26 8-20-21; 102-558, eff. 8-20-21; 102-676, eff. 12-3-21;
	633	+
	634	+
	635	+
	636	+
	637	+
	638	+	HB4175 Enrolled - 18 - LRB103 34243 RJT 64069 b
	639	+
	640	+
	641	+	HB4175 Enrolled- 19 -LRB103 34243 RJT 64069 b HB4175 Enrolled - 19 - LRB103 34243 RJT 64069 b
	642	+	HB4175 Enrolled - 19 - LRB103 34243 RJT 64069 b
	643	+	1 102-697, eff. 4-5-22; 102-702, eff. 7-1-23; 102-805, eff.
	644	+	2 1-1-23; 102-813, eff. 5-13-22; 103-154, eff. 6-30-23; 103-175,
	645	+	3 eff. 6-30-23; 103-472, eff. 8-1-24; revised 8-31-23.)
	646	+	4 (Text of Section after amendment by P.A. 102-466)
	647	+	5 Sec. 27A-5. Charter school; legal entity; requirements.
	648	+	6 (a) A charter school shall be a public, nonsectarian,
	649	+	7 nonreligious, non-home based, and non-profit school. A charter
	650	+	8 school shall be organized and operated as a nonprofit
	651	+	9 corporation or other discrete, legal, nonprofit entity
	652	+	10 authorized under the laws of the State of Illinois.
	653	+	11 (b) A charter school may be established under this Article
	654	+	12 by creating a new school or by converting an existing public
	655	+	13 school or attendance center to charter school status. In all
	656	+	14 new applications to establish a charter school in a city
	657	+	15 having a population exceeding 500,000, operation of the
	658	+	16 charter school shall be limited to one campus. This limitation
	659	+	17 does not apply to charter schools existing or approved on or
	660	+	18 before April 16, 2003.
	661	+	19 (b-5) (Blank).
	662	+	20 (c) A charter school shall be administered and governed by
	663	+	21 its board of directors or other governing body in the manner
	664	+	22 provided in its charter. The governing body of a charter
	665	+	23 school shall be subject to the Freedom of Information Act and
	666	+	24 the Open Meetings Act. A charter school's board of directors
	667	+	25 or other governing body must include at least one parent or
	668	+
	669	+
	670	+
	671	+
	672	+
	673	+	HB4175 Enrolled - 19 - LRB103 34243 RJT 64069 b
	674	+
	675	+
	676	+	HB4175 Enrolled- 20 -LRB103 34243 RJT 64069 b HB4175 Enrolled - 20 - LRB103 34243 RJT 64069 b
	677	+	HB4175 Enrolled - 20 - LRB103 34243 RJT 64069 b
	678	+	1 guardian of a pupil currently enrolled in the charter school
	679	+	2 who may be selected through the charter school or a charter
	680	+	3 network election, appointment by the charter school's board of
	681	+	4 directors or other governing body, or by the charter school's
	682	+	5 Parent Teacher Organization or its equivalent.
	683	+	6 (c-5) No later than January 1, 2021 or within the first
	684	+	7 year of his or her first term, every voting member of a charter
	685	+	8 school's board of directors or other governing body shall
	686	+	9 complete a minimum of 4 hours of professional development
	687	+	10 leadership training to ensure that each member has sufficient
	688	+	11 familiarity with the board's or governing body's role and
	689	+	12 responsibilities, including financial oversight and
	690	+	13 accountability of the school, evaluating the principal's and
	691	+	14 school's performance, adherence to the Freedom of Information
	692	+	15 Act and the Open Meetings Act, and compliance with education
	693	+	16 and labor law. In each subsequent year of his or her term, a
	694	+	17 voting member of a charter school's board of directors or
	695	+	18 other governing body shall complete a minimum of 2 hours of
	696	+	19 professional development training in these same areas. The
	697	+	20 training under this subsection may be provided or certified by
	698	+	21 a statewide charter school membership association or may be
	699	+	22 provided or certified by other qualified providers approved by
	700	+	23 the State Board.
	701	+	24 (d) For purposes of this subsection (d), "non-curricular
	702	+	25 health and safety requirement" means any health and safety
	703	+	26 requirement created by statute or rule to provide, maintain,
	704	+
	705	+
	706	+
	707	+
	708	+
	709	+	HB4175 Enrolled - 20 - LRB103 34243 RJT 64069 b
	710	+
	711	+
	712	+	HB4175 Enrolled- 21 -LRB103 34243 RJT 64069 b HB4175 Enrolled - 21 - LRB103 34243 RJT 64069 b
	713	+	HB4175 Enrolled - 21 - LRB103 34243 RJT 64069 b
	714	+	1 preserve, or safeguard safe or healthful conditions for
	715	+	2 students and school personnel or to eliminate, reduce, or
	716	+	3 prevent threats to the health and safety of students and
	717	+	4 school personnel. "Non-curricular health and safety
	718	+	5 requirement" does not include any course of study or
	719	+	6 specialized instructional requirement for which the State
	720	+	7 Board has established goals and learning standards or which is
	721	+	8 designed primarily to impart knowledge and skills for students
	722	+	9 to master and apply as an outcome of their education.
	723	+	10 A charter school shall comply with all non-curricular
	724	+	11 health and safety requirements applicable to public schools
	725	+	12 under the laws of the State of Illinois. The State Board shall
	726	+	13 promulgate and post on its Internet website a list of
	727	+	14 non-curricular health and safety requirements that a charter
	728	+	15 school must meet. The list shall be updated annually no later
	729	+	16 than September 1. Any charter contract between a charter
	730	+	17 school and its authorizer must contain a provision that
	731	+	18 requires the charter school to follow the list of all
	732	+	19 non-curricular health and safety requirements promulgated by
	733	+	20 the State Board and any non-curricular health and safety
	734	+	21 requirements added by the State Board to such list during the
	735	+	22 term of the charter. Nothing in this subsection (d) precludes
	736	+	23 an authorizer from including non-curricular health and safety
	737	+	24 requirements in a charter school contract that are not
	738	+	25 contained in the list promulgated by the State Board,
	739	+	26 including non-curricular health and safety requirements of the
	740	+
	741	+
	742	+
	743	+
	744	+
	745	+	HB4175 Enrolled - 21 - LRB103 34243 RJT 64069 b
	746	+
	747	+
	748	+	HB4175 Enrolled- 22 -LRB103 34243 RJT 64069 b HB4175 Enrolled - 22 - LRB103 34243 RJT 64069 b
	749	+	HB4175 Enrolled - 22 - LRB103 34243 RJT 64069 b
	750	+	1 authorizing local school board.
	751	+	2 (e) Except as otherwise provided in the School Code, a
	752	+	3 charter school shall not charge tuition; provided that a
	753	+	4 charter school may charge reasonable fees for textbooks,
	754	+	5 instructional materials, and student activities.
	755	+	6 (f) A charter school shall be responsible for the
	756	+	7 management and operation of its fiscal affairs, including, but
	757	+	8 not limited to, the preparation of its budget. An audit of each
	758	+	9 charter school's finances shall be conducted annually by an
	759	+	10 outside, independent contractor retained by the charter
	760	+	11 school. The contractor shall not be an employee of the charter
	761	+	12 school or affiliated with the charter school or its authorizer
	762	+	13 in any way, other than to audit the charter school's finances.
	763	+	14 To ensure financial accountability for the use of public
	764	+	15 funds, on or before December 1 of every year of operation, each
	765	+	16 charter school shall submit to its authorizer and the State
	766	+	17 Board a copy of its audit and a copy of the Form 990 the
	767	+	18 charter school filed that year with the federal Internal
	768	+	19 Revenue Service. In addition, if deemed necessary for proper
	769	+	20 financial oversight of the charter school, an authorizer may
	770	+	21 require quarterly financial statements from each charter
	771	+	22 school.
	772	+	23 (g) A charter school shall comply with all provisions of
	773	+	24 this Article, the Illinois Educational Labor Relations Act,
	774	+	25 all federal and State laws and rules applicable to public
	775	+	26 schools that pertain to special education and the instruction
	776	+
	777	+
	778	+
	779	+
	780	+
	781	+	HB4175 Enrolled - 22 - LRB103 34243 RJT 64069 b
	782	+
	783	+
	784	+	HB4175 Enrolled- 23 -LRB103 34243 RJT 64069 b HB4175 Enrolled - 23 - LRB103 34243 RJT 64069 b
	785	+	HB4175 Enrolled - 23 - LRB103 34243 RJT 64069 b
	786	+	1 of English learners, and its charter. A charter school is
	787	+	2 exempt from all other State laws and regulations in this Code
	788	+	3 governing public schools and local school board policies;
	789	+	4 however, a charter school is not exempt from the following:
	790	+	5 (1) Sections 10-21.9 and 34-18.5 of this Code
	791	+	6 regarding criminal history records checks and checks of
	792	+	7 the Statewide Sex Offender Database and Statewide Murderer
	793	+	8 and Violent Offender Against Youth Database of applicants
	794	+	9 for employment;
	795	+	10 (2) Sections 10-20.14, 10-22.6, 22-100, 24-24, 34-19,
	796	+	11 and 34-84a of this Code regarding discipline of students;
	797	+	12 (3) the Local Governmental and Governmental Employees
	798	+	13 Tort Immunity Act;
	799	+	14 (4) Section 108.75 of the General Not For Profit
	800	+	15 Corporation Act of 1986 regarding indemnification of
	801	+	16 officers, directors, employees, and agents;
	802	+	17 (5) the Abused and Neglected Child Reporting Act;
	803	+	18 (5.5) subsection (b) of Section 10-23.12 and
	804	+	19 subsection (b) of Section 34-18.6 of this Code;
	805	+	20 (6) the Illinois School Student Records Act;
	806	+	21 (7) Section 10-17a of this Code regarding school
	807	+	22 report cards;
	808	+	23 (8) the P-20 Longitudinal Education Data System Act;
	809	+	24 (9) Section 27-23.7 of this Code regarding bullying
	810	+	25 prevention;
	811	+	26 (10) Section 2-3.162 of this Code regarding student
	812	+
	813	+
	814	+
	815	+
	816	+
	817	+	HB4175 Enrolled - 23 - LRB103 34243 RJT 64069 b
	818	+
	819	+
	820	+	HB4175 Enrolled- 24 -LRB103 34243 RJT 64069 b HB4175 Enrolled - 24 - LRB103 34243 RJT 64069 b
	821	+	HB4175 Enrolled - 24 - LRB103 34243 RJT 64069 b
	822	+	1 discipline reporting;
	823	+	2 (11) Sections 22-80 and 27-8.1 of this Code;
	824	+	3 (12) Sections 10-20.60 and 34-18.53 of this Code;
	825	+	4 (13) Sections 10-20.63 and 34-18.56 of this Code;
	826	+	5 (14) Sections 22-90 and 26-18 of this Code;
	827	+	6 (15) Section 22-30 of this Code;
	828	+	7 (16) Sections 24-12 and 34-85 of this Code;
	829	+	8 (17) the Seizure Smart School Act;
	830	+	9 (18) Section 2-3.64a-10 of this Code;
	831	+	10 (19) Sections 10-20.73 and 34-21.9 of this Code;
	832	+	11 (20) Section 10-22.25b of this Code;
	833	+	12 (21) Section 27-9.1a of this Code;
	834	+	13 (22) Section 27-9.1b of this Code;
	835	+	14 (23) Section 34-18.8 of this Code;
	836	+	15 (24) Article 26A of this Code;
	837	+	16 (25) Section 2-3.188 of this Code;
	838	+	17 (26) Section 22-85.5 of this Code;
	839	+	18 (27) subsections (d-10), (d-15), and (d-20) of Section
	840	+	19 10-20.56 of this Code;
	841	+	20 (28) Sections 10-20.83 and 34-18.78 of this Code;
	842	+	21 (29) Section 10-20.13 of this Code;
	843	+	22 (30) Section 28-19.2 of this Code;
	844	+	23 (31) Section 34-21.6 of this Code; and
	845	+	24 (32) Section 22-85.10 of this Code;
	846	+	25 (33) Section 2-3.196 of this Code;
	847	+	26 (34) Section 22-95 of this Code;
	848	+
	849	+
	850	+
	851	+
	852	+
	853	+	HB4175 Enrolled - 24 - LRB103 34243 RJT 64069 b
	854	+
	855	+
	856	+	HB4175 Enrolled- 25 -LRB103 34243 RJT 64069 b HB4175 Enrolled - 25 - LRB103 34243 RJT 64069 b
	857	+	HB4175 Enrolled - 25 - LRB103 34243 RJT 64069 b
	858	+	1 (35) Section 34-18.62 of this Code; and
	859	+	2 (36) the Illinois Human Rights Act.
	860	+	3 The change made by Public Act 96-104 to this subsection
	861	+	4 (g) is declaratory of existing law.
	862	+	5 (h) A charter school may negotiate and contract with a
	863	+	6 school district, the governing body of a State college or
	864	+	7 university or public community college, or any other public or
	865	+	8 for-profit or nonprofit private entity for: (i) the use of a
	866	+	9 school building and grounds or any other real property or
	867	+	10 facilities that the charter school desires to use or convert
	868	+	11 for use as a charter school site, (ii) the operation and
	869	+	12 maintenance thereof, and (iii) the provision of any service,
	870	+	13 activity, or undertaking that the charter school is required
	871	+	14 to perform in order to carry out the terms of its charter.
	872	+	15 Except as provided in subsection (i) of this Section, a school
	873	+	16 district may charge a charter school reasonable rent for the
	874	+	17 use of the district's buildings, grounds, and facilities. Any
	875	+	18 services for which a charter school contracts with a school
	876	+	19 district shall be provided by the district at cost. Any
	877	+	20 services for which a charter school contracts with a local
	878	+	21 school board or with the governing body of a State college or
	879	+	22 university or public community college shall be provided by
	880	+	23 the public entity at cost.
	881	+	24 (i) In no event shall a charter school that is established
	882	+	25 by converting an existing school or attendance center to
	883	+	26 charter school status be required to pay rent for space that is
	884	+
	885	+
	886	+
	887	+
	888	+
	889	+	HB4175 Enrolled - 25 - LRB103 34243 RJT 64069 b
	890	+
	891	+
	892	+	HB4175 Enrolled- 26 -LRB103 34243 RJT 64069 b HB4175 Enrolled - 26 - LRB103 34243 RJT 64069 b
	893	+	HB4175 Enrolled - 26 - LRB103 34243 RJT 64069 b
	894	+	1 deemed available, as negotiated and provided in the charter
	895	+	2 agreement, in school district facilities. However, all other
	896	+	3 costs for the operation and maintenance of school district
	897	+	4 facilities that are used by the charter school shall be
	898	+	5 subject to negotiation between the charter school and the
	899	+	6 local school board and shall be set forth in the charter.
	900	+	7 (j) A charter school may limit student enrollment by age
	901	+	8 or grade level.
	902	+	9 (k) If the charter school is authorized by the State
	903	+	10 Board, then the charter school is its own local education
	904	+	11 agency.
	905	+	12 (Source: P.A. 102-51, eff. 7-9-21; 102-157, eff. 7-1-22;
	906	+	13 102-360, eff. 1-1-22; 102-445, eff. 8-20-21; 102-466, eff.
	907	+	14 7-1-25; 102-522, eff. 8-20-21; 102-558, eff. 8-20-21; 102-676,
	908	+	15 eff. 12-3-21; 102-697, eff. 4-5-22; 102-702, eff. 7-1-23;
	909	+	16 102-805, eff. 1-1-23; 102-813, eff. 5-13-22; 103-154, eff.
	910	+	17 6-30-23; 103-175, eff. 6-30-23; 103-472, eff. 8-1-24; revised
	911	+	18 8-31-23.)
	912	+	19 (105 ILCS 5/34-84a) (from Ch. 122, par. 34-84a)
	913	+	20 Sec. 34-84a. Maintenance of discipline. Subject to the
	914	+	21 limitations of all policies established or adopted under
	915	+	22 Section 14-8.05, teachers, other licensed certificated
	916	+	23 educational employees, and any other person, whether or not a
	917	+	24 licensed certificated employee, providing a related service
	918	+	25 for or with respect to a student shall maintain discipline in
	919	+
	920	+
	921	+
	922	+
	923	+
	924	+	HB4175 Enrolled - 26 - LRB103 34243 RJT 64069 b
	925	+
	926	+
	927	+	HB4175 Enrolled- 27 -LRB103 34243 RJT 64069 b HB4175 Enrolled - 27 - LRB103 34243 RJT 64069 b
	928	+	HB4175 Enrolled - 27 - LRB103 34243 RJT 64069 b
	929	+	1 the schools, including school grounds which are owned or
	930	+	2 leased by the board and used for school purposes and
	931	+	3 activities. In all matters relating to the discipline in and
	932	+	4 conduct of the schools and the school children, they stand in
	933	+	5 the relation of parents and guardians to the pupils. This
	934	+	6 relationship shall extend to all activities connected with the
	935	+	7 school program, including all athletic and extracurricular
	936	+	8 programs, and may be exercised at any time for the safety and
	937	+	9 supervision of the pupils in the absence of their parents or
	938	+	10 guardians.
	939	+	11 Nothing in this Section affects the power of the board to
	940	+	12 establish rules with respect to discipline, except that the
	941	+	13 rules of the board must provide, subject to the limitations of
	942	+	14 all policies established or adopted under Section 14-8.05,
	943	+	15 that a teacher, any other licensed certificated employee, and
	944	+	16 any other person, whether or not a licensed certificated
	945	+	17 employee, providing a related service for or with respect to a
	946	+	18 student may only use reasonable force as permitted under
	947	+	19 Section 34-18.20 needed to maintain safety for the other
	948	+	20 students, shall provide that a teacher may remove a student
	949	+	21 from the classroom for disruptive behavior, and must include
	950	+	22 provisions which provide due process to students. The policy
	951	+	23 shall prohibit the use of corporal punishment, as defined in
	952	+	24 Section 22-100, in all circumstances.
	953	+	25 (Source: P.A. 89-184, eff. 7-19-95.)
	954	+
	955	+
	956	+
	957	+
	958	+
	959	+	HB4175 Enrolled - 27 - LRB103 34243 RJT 64069 b
	960	+
	961	+
	962	+	HB4175 Enrolled- 28 -LRB103 34243 RJT 64069 b HB4175 Enrolled - 28 - LRB103 34243 RJT 64069 b
	963	+	HB4175 Enrolled - 28 - LRB103 34243 RJT 64069 b
	964	+
	965	+
	966	+
	967	+
	968	+
	969	+	HB4175 Enrolled - 28 - LRB103 34243 RJT 64069 b