Public Act 103-0806
HB4175 EnrolledLRB103 34243 RJT 64069 b HB4175 Enrolled LRB103 34243 RJT 64069 b
HB4175 Enrolled LRB103 34243 RJT 64069 b
AN ACT concerning education.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The School Code is amended by changing Sections
24-24, 27A-5, and 34-84a and by adding Section 22-100 as
follows:
(105 ILCS 5/22-100 new)
Sec. 22-100. Prohibition on physical discipline in
schools.
(a) In this Section:
"Corporal punishment" means a discipline method in which a
person deliberately inflicts pain upon a student in response
to the student's unacceptable behavior or inappropriate
language, with an aim to halt an offense, prevent its
recurrence, or set an example for others. "Corporal
punishment" does not include the use of physical restraint
under Sections 10-20.33 and 34-18.20.
"School personnel" means any person who is employed by,
who is on contract with, or who volunteers in a school
district, charter school, or nonpublic elementary or secondary
school, including, but not limited to, school and school
district administrators, teachers, school social workers,
school counselors, school psychologists, school nurses,
HB4175 Enrolled LRB103 34243 RJT 64069 b
paraprofessionals, speech-language pathologists, cafeteria
workers, custodians, bus drivers, school resource officers, or
security guards.
(b) School personnel of any school district, charter
school, or nonpublic elementary or secondary school may not
engage in corporal punishment of a student, inflict corporal
punishment upon a student, or cause corporal punishment to be
inflicted upon a student.
(105 ILCS 5/24-24) (from Ch. 122, par. 24-24)
Sec. 24-24. Maintenance of discipline. Subject to the
limitations of all policies established or adopted under
Section 14-8.05, teachers, other licensed certificated
educational employees, and any other person, whether or not a
licensed certificated employee, providing a related service
for or with respect to a student shall maintain discipline in
the schools, including school grounds which are owned or
leased by the board and used for school purposes and
activities. In all matters relating to the discipline in and
conduct of the schools and the school children, they stand in
the relation of parents and guardians to the pupils. This
relationship shall extend to all activities connected with the
school program, including all athletic and extracurricular
programs, and may be exercised at any time for the safety and
supervision of the pupils in the absence of their parents or
guardians.
Nothing in this Section affects the power of the board to
establish rules with respect to discipline; except that each
board shall establish a policy on discipline, and the policy
so established shall provide, subject to the limitations of
all policies established or adopted under Section 14-8.05,
that a teacher, any other licensed certificated employee, and
any other person, whether or not a licensed certificated
employee, providing a related service for or with respect to a
student may only use reasonable force as permitted under
Sections 10-20.33 and 34-18.20 needed to maintain safety for
the other students, school personnel or persons or for the
purpose of self defense or the defense of property, shall
provide that a teacher may remove a student from the classroom
for disruptive behavior, and shall include provisions which
provide due process to students. The policy shall prohibit the
use of corporal punishment, as defined in Section 22-100, in
all circumstances not include slapping, paddling or prolonged
maintenance of students in physically painful positions nor
shall it include the intentional infliction of bodily harm.
The board may make and enforce reasonable rules of conduct
and sportsmanship for athletic and extracurricular school
events. Any person who violates such rules may be denied
admission to school events for not more than one year,
provided that written 10 days notice of the violation is given
such person and a hearing had thereon by the board pursuant to
its rules and regulations. The administration of any school
may sign complaints as agents of the school against persons
committing any offense at school events.
(Source: P.A. 88-346; 88-670, eff. 12-2-94; 89-184, eff.
7-19-95.)
(105 ILCS 5/27A-5)
(Text of Section before amendment by P.A. 102-466 and
103-472)
Sec. 27A-5. Charter school; legal entity; requirements.
(a) A charter school shall be a public, nonsectarian,
nonreligious, non-home based, and non-profit school. A charter
school shall be organized and operated as a nonprofit
corporation or other discrete, legal, nonprofit entity
authorized under the laws of the State of Illinois.
(b) A charter school may be established under this Article
by creating a new school or by converting an existing public
school or attendance center to charter school status. In all
new applications to establish a charter school in a city
having a population exceeding 500,000, operation of the
charter school shall be limited to one campus. This limitation
does not apply to charter schools existing or approved on or
before April 16, 2003.
(b-5) (Blank).
(c) A charter school shall be administered and governed by
its board of directors or other governing body in the manner
provided in its charter. The governing body of a charter
school shall be subject to the Freedom of Information Act and
the Open Meetings Act. A charter school's board of directors
or other governing body must include at least one parent or
guardian of a pupil currently enrolled in the charter school
who may be selected through the charter school or a charter
network election, appointment by the charter school's board of
directors or other governing body, or by the charter school's
Parent Teacher Organization or its equivalent.
(c-5) No later than January 1, 2021 or within the first
year of his or her first term, every voting member of a charter
school's board of directors or other governing body shall
complete a minimum of 4 hours of professional development
leadership training to ensure that each member has sufficient
familiarity with the board's or governing body's role and
responsibilities, including financial oversight and
accountability of the school, evaluating the principal's and
school's performance, adherence to the Freedom of Information
Act and the Open Meetings Act, and compliance with education
and labor law. In each subsequent year of his or her term, a
voting member of a charter school's board of directors or
other governing body shall complete a minimum of 2 hours of
professional development training in these same areas. The
training under this subsection may be provided or certified by
a statewide charter school membership association or may be
provided or certified by other qualified providers approved by
the State Board.
(d) For purposes of this subsection (d), "non-curricular
health and safety requirement" means any health and safety
requirement created by statute or rule to provide, maintain,
preserve, or safeguard safe or healthful conditions for
students and school personnel or to eliminate, reduce, or
prevent threats to the health and safety of students and
school personnel. "Non-curricular health and safety
requirement" does not include any course of study or
specialized instructional requirement for which the State
Board has established goals and learning standards or which is
designed primarily to impart knowledge and skills for students
to master and apply as an outcome of their education.
A charter school shall comply with all non-curricular
health and safety requirements applicable to public schools
under the laws of the State of Illinois. The State Board shall
promulgate and post on its Internet website a list of
non-curricular health and safety requirements that a charter
school must meet. The list shall be updated annually no later
than September 1. Any charter contract between a charter
school and its authorizer must contain a provision that
requires the charter school to follow the list of all
non-curricular health and safety requirements promulgated by
the State Board and any non-curricular health and safety
requirements added by the State Board to such list during the
term of the charter. Nothing in this subsection (d) precludes
an authorizer from including non-curricular health and safety
requirements in a charter school contract that are not
contained in the list promulgated by the State Board,
including non-curricular health and safety requirements of the
authorizing local school board.
(e) Except as otherwise provided in the School Code, a
charter school shall not charge tuition; provided that a
charter school may charge reasonable fees for textbooks,
instructional materials, and student activities.
(f) A charter school shall be responsible for the
management and operation of its fiscal affairs, including, but
not limited to, the preparation of its budget. An audit of each
charter school's finances shall be conducted annually by an
outside, independent contractor retained by the charter
school. The contractor shall not be an employee of the charter
school or affiliated with the charter school or its authorizer
in any way, other than to audit the charter school's finances.
To ensure financial accountability for the use of public
funds, on or before December 1 of every year of operation, each
charter school shall submit to its authorizer and the State
Board a copy of its audit and a copy of the Form 990 the
charter school filed that year with the federal Internal
Revenue Service. In addition, if deemed necessary for proper
financial oversight of the charter school, an authorizer may
require quarterly financial statements from each charter
school.
(g) A charter school shall comply with all provisions of
this Article, the Illinois Educational Labor Relations Act,
all federal and State laws and rules applicable to public
schools that pertain to special education and the instruction
of English learners, and its charter. A charter school is
exempt from all other State laws and regulations in this Code
governing public schools and local school board policies;
however, a charter school is not exempt from the following:
(1) Sections 10-21.9 and 34-18.5 of this Code
regarding criminal history records checks and checks of
the Statewide Sex Offender Database and Statewide Murderer
and Violent Offender Against Youth Database of applicants
for employment;
(2) Sections 10-20.14, 10-22.6, 22-100, 24-24, 34-19,
and 34-84a of this Code regarding discipline of students;
(3) the Local Governmental and Governmental Employees
Tort Immunity Act;
(4) Section 108.75 of the General Not For Profit
Corporation Act of 1986 regarding indemnification of
officers, directors, employees, and agents;
(5) the Abused and Neglected Child Reporting Act;
(5.5) subsection (b) of Section 10-23.12 and
subsection (b) of Section 34-18.6 of this Code;
(6) the Illinois School Student Records Act;
(7) Section 10-17a of this Code regarding school
report cards;
(8) the P-20 Longitudinal Education Data System Act;
(9) Section 27-23.7 of this Code regarding bullying
prevention;
(10) Section 2-3.162 of this Code regarding student
discipline reporting;
(11) Sections 22-80 and 27-8.1 of this Code;
(12) Sections 10-20.60 and 34-18.53 of this Code;
(13) Sections 10-20.63 and 34-18.56 of this Code;
(14) Sections 22-90 and 26-18 of this Code;
(15) Section 22-30 of this Code;
(16) Sections 24-12 and 34-85 of this Code;
(17) the Seizure Smart School Act;
(18) Section 2-3.64a-10 of this Code;
(19) Sections 10-20.73 and 34-21.9 of this Code;
(20) Section 10-22.25b of this Code;
(21) Section 27-9.1a of this Code;
(22) Section 27-9.1b of this Code;
(23) Section 34-18.8 of this Code;
(25) Section 2-3.188 of this Code;
(26) Section 22-85.5 of this Code;
(27) subsections (d-10), (d-15), and (d-20) of Section
10-20.56 of this Code;
(28) Sections 10-20.83 and 34-18.78 of this Code;
(29) Section 10-20.13 of this Code;
(30) Section 28-19.2 of this Code;
(31) Section 34-21.6 of this Code; and
(32) Section 22-85.10 of this Code.
The change made by Public Act 96-104 to this subsection
(g) is declaratory of existing law.
(h) A charter school may negotiate and contract with a
school district, the governing body of a State college or
university or public community college, or any other public or
for-profit or nonprofit private entity for: (i) the use of a
school building and grounds or any other real property or
facilities that the charter school desires to use or convert
for use as a charter school site, (ii) the operation and
maintenance thereof, and (iii) the provision of any service,
activity, or undertaking that the charter school is required
to perform in order to carry out the terms of its charter.
Except as provided in subsection (i) of this Section, a school
district may charge a charter school reasonable rent for the
use of the district's buildings, grounds, and facilities. Any
services for which a charter school contracts with a school
district shall be provided by the district at cost. Any
services for which a charter school contracts with a local
school board or with the governing body of a State college or
university or public community college shall be provided by
the public entity at cost.
(i) In no event shall a charter school that is established
by converting an existing school or attendance center to
charter school status be required to pay rent for space that is
deemed available, as negotiated and provided in the charter
agreement, in school district facilities. However, all other
costs for the operation and maintenance of school district
facilities that are used by the charter school shall be
subject to negotiation between the charter school and the
local school board and shall be set forth in the charter.
(j) A charter school may limit student enrollment by age
or grade level.
(k) If the charter school is authorized by the State
Board, then the charter school is its own local education
agency.
(Source: P.A. 102-51, eff. 7-9-21; 102-157, eff. 7-1-22;
102-360, eff. 1-1-22; 102-445, eff. 8-20-21; 102-522, eff.
8-20-21; 102-558, eff. 8-20-21; 102-676, eff. 12-3-21;
102-697, eff. 4-5-22; 102-702, eff. 7-1-23; 102-805, eff.
1-1-23; 102-813, eff. 5-13-22; 103-154, eff. 6-30-23; 103-175,
eff. 6-30-23.)
(Text of Section after amendment by P.A. 103-472 but
before amendment by P.A. 102-466)
Sec. 27A-5. Charter school; legal entity; requirements.
(a) A charter school shall be a public, nonsectarian,
nonreligious, non-home based, and non-profit school. A charter
school shall be organized and operated as a nonprofit
corporation or other discrete, legal, nonprofit entity
authorized under the laws of the State of Illinois.
(b) A charter school may be established under this Article
by creating a new school or by converting an existing public
school or attendance center to charter school status. In all
new applications to establish a charter school in a city
having a population exceeding 500,000, operation of the
charter school shall be limited to one campus. This limitation
does not apply to charter schools existing or approved on or
before April 16, 2003.
(b-5) (Blank).
(c) A charter school shall be administered and governed by
its board of directors or other governing body in the manner
provided in its charter. The governing body of a charter
school shall be subject to the Freedom of Information Act and
the Open Meetings Act. A charter school's board of directors
or other governing body must include at least one parent or
guardian of a pupil currently enrolled in the charter school
who may be selected through the charter school or a charter
network election, appointment by the charter school's board of
directors or other governing body, or by the charter school's
Parent Teacher Organization or its equivalent.
(c-5) No later than January 1, 2021 or within the first
year of his or her first term, every voting member of a charter
school's board of directors or other governing body shall
complete a minimum of 4 hours of professional development
leadership training to ensure that each member has sufficient
familiarity with the board's or governing body's role and
responsibilities, including financial oversight and
accountability of the school, evaluating the principal's and
school's performance, adherence to the Freedom of Information
Act and the Open Meetings Act, and compliance with education
and labor law. In each subsequent year of his or her term, a
voting member of a charter school's board of directors or
other governing body shall complete a minimum of 2 hours of
professional development training in these same areas. The
training under this subsection may be provided or certified by
a statewide charter school membership association or may be
provided or certified by other qualified providers approved by
the State Board.
(d) For purposes of this subsection (d), "non-curricular
health and safety requirement" means any health and safety
requirement created by statute or rule to provide, maintain,
preserve, or safeguard safe or healthful conditions for
students and school personnel or to eliminate, reduce, or
prevent threats to the health and safety of students and
school personnel. "Non-curricular health and safety
requirement" does not include any course of study or
specialized instructional requirement for which the State
Board has established goals and learning standards or which is
designed primarily to impart knowledge and skills for students
to master and apply as an outcome of their education.
A charter school shall comply with all non-curricular
health and safety requirements applicable to public schools
under the laws of the State of Illinois. The State Board shall
promulgate and post on its Internet website a list of
non-curricular health and safety requirements that a charter
school must meet. The list shall be updated annually no later
than September 1. Any charter contract between a charter
school and its authorizer must contain a provision that
requires the charter school to follow the list of all
non-curricular health and safety requirements promulgated by
the State Board and any non-curricular health and safety
requirements added by the State Board to such list during the
term of the charter. Nothing in this subsection (d) precludes
an authorizer from including non-curricular health and safety
requirements in a charter school contract that are not
contained in the list promulgated by the State Board,
including non-curricular health and safety requirements of the
authorizing local school board.
(e) Except as otherwise provided in the School Code, a
charter school shall not charge tuition; provided that a
charter school may charge reasonable fees for textbooks,
instructional materials, and student activities.
(f) A charter school shall be responsible for the
management and operation of its fiscal affairs, including, but
not limited to, the preparation of its budget. An audit of each
charter school's finances shall be conducted annually by an
outside, independent contractor retained by the charter
school. The contractor shall not be an employee of the charter
school or affiliated with the charter school or its authorizer
in any way, other than to audit the charter school's finances.
To ensure financial accountability for the use of public
funds, on or before December 1 of every year of operation, each
charter school shall submit to its authorizer and the State
Board a copy of its audit and a copy of the Form 990 the
charter school filed that year with the federal Internal
Revenue Service. In addition, if deemed necessary for proper
financial oversight of the charter school, an authorizer may
require quarterly financial statements from each charter
school.
(g) A charter school shall comply with all provisions of
this Article, the Illinois Educational Labor Relations Act,
all federal and State laws and rules applicable to public
schools that pertain to special education and the instruction
of English learners, and its charter. A charter school is
exempt from all other State laws and regulations in this Code
governing public schools and local school board policies;
however, a charter school is not exempt from the following:
(1) Sections 10-21.9 and 34-18.5 of this Code
regarding criminal history records checks and checks of
the Statewide Sex Offender Database and Statewide Murderer
and Violent Offender Against Youth Database of applicants
for employment;
(2) Sections 10-20.14, 10-22.6, 22-100, 24-24, 34-19,
and 34-84a of this Code regarding discipline of students;
(3) the Local Governmental and Governmental Employees
Tort Immunity Act;
(4) Section 108.75 of the General Not For Profit
Corporation Act of 1986 regarding indemnification of
officers, directors, employees, and agents;
(5) the Abused and Neglected Child Reporting Act;
(5.5) subsection (b) of Section 10-23.12 and
subsection (b) of Section 34-18.6 of this Code;
(6) the Illinois School Student Records Act;
(7) Section 10-17a of this Code regarding school
report cards;
(8) the P-20 Longitudinal Education Data System Act;
(9) Section 27-23.7 of this Code regarding bullying
prevention;
(10) Section 2-3.162 of this Code regarding student
discipline reporting;
(11) Sections 22-80 and 27-8.1 of this Code;
(12) Sections 10-20.60 and 34-18.53 of this Code;
(13) Sections 10-20.63 and 34-18.56 of this Code;
(14) Sections 22-90 and 26-18 of this Code;
(15) Section 22-30 of this Code;
(16) Sections 24-12 and 34-85 of this Code;
(17) the Seizure Smart School Act;
(18) Section 2-3.64a-10 of this Code;
(19) Sections 10-20.73 and 34-21.9 of this Code;
(20) Section 10-22.25b of this Code;
(21) Section 27-9.1a of this Code;
(22) Section 27-9.1b of this Code;
(23) Section 34-18.8 of this Code;
(25) Section 2-3.188 of this Code;
(26) Section 22-85.5 of this Code;
(27) subsections (d-10), (d-15), and (d-20) of Section
10-20.56 of this Code;
(28) Sections 10-20.83 and 34-18.78 of this Code;
(29) Section 10-20.13 of this Code;
(30) Section 28-19.2 of this Code;
(31) Section 34-21.6 of this Code; and
(32) Section 22-85.10 of this Code;
(33) Section 2-3.196 of this Code;
(34) Section 22-95 of this Code;
(35) Section 34-18.62 of this Code; and
(36) the Illinois Human Rights Act.
The change made by Public Act 96-104 to this subsection
(g) is declaratory of existing law.
(h) A charter school may negotiate and contract with a
school district, the governing body of a State college or
university or public community college, or any other public or
for-profit or nonprofit private entity for: (i) the use of a
school building and grounds or any other real property or
facilities that the charter school desires to use or convert
for use as a charter school site, (ii) the operation and
maintenance thereof, and (iii) the provision of any service,
activity, or undertaking that the charter school is required
to perform in order to carry out the terms of its charter.
Except as provided in subsection (i) of this Section, a school
district may charge a charter school reasonable rent for the
use of the district's buildings, grounds, and facilities. Any
services for which a charter school contracts with a school
district shall be provided by the district at cost. Any
services for which a charter school contracts with a local
school board or with the governing body of a State college or
university or public community college shall be provided by
the public entity at cost.
(i) In no event shall a charter school that is established
by converting an existing school or attendance center to
charter school status be required to pay rent for space that is
deemed available, as negotiated and provided in the charter
agreement, in school district facilities. However, all other
costs for the operation and maintenance of school district
facilities that are used by the charter school shall be
subject to negotiation between the charter school and the
local school board and shall be set forth in the charter.
(j) A charter school may limit student enrollment by age
or grade level.
(k) If the charter school is authorized by the State
Board, then the charter school is its own local education
agency.
(Source: P.A. 102-51, eff. 7-9-21; 102-157, eff. 7-1-22;
102-360, eff. 1-1-22; 102-445, eff. 8-20-21; 102-522, eff.
8-20-21; 102-558, eff. 8-20-21; 102-676, eff. 12-3-21;
102-697, eff. 4-5-22; 102-702, eff. 7-1-23; 102-805, eff.
1-1-23; 102-813, eff. 5-13-22; 103-154, eff. 6-30-23; 103-175,
eff. 6-30-23; 103-472, eff. 8-1-24; revised 8-31-23.)
(Text of Section after amendment by P.A. 102-466)
Sec. 27A-5. Charter school; legal entity; requirements.
(a) A charter school shall be a public, nonsectarian,
nonreligious, non-home based, and non-profit school. A charter
school shall be organized and operated as a nonprofit
corporation or other discrete, legal, nonprofit entity
authorized under the laws of the State of Illinois.
(b) A charter school may be established under this Article
by creating a new school or by converting an existing public
school or attendance center to charter school status. In all
new applications to establish a charter school in a city
having a population exceeding 500,000, operation of the
charter school shall be limited to one campus. This limitation
does not apply to charter schools existing or approved on or
before April 16, 2003.
(b-5) (Blank).
(c) A charter school shall be administered and governed by
its board of directors or other governing body in the manner
provided in its charter. The governing body of a charter
school shall be subject to the Freedom of Information Act and
the Open Meetings Act. A charter school's board of directors
or other governing body must include at least one parent or
guardian of a pupil currently enrolled in the charter school
who may be selected through the charter school or a charter
network election, appointment by the charter school's board of
directors or other governing body, or by the charter school's
Parent Teacher Organization or its equivalent.
(c-5) No later than January 1, 2021 or within the first
year of his or her first term, every voting member of a charter
school's board of directors or other governing body shall
complete a minimum of 4 hours of professional development
leadership training to ensure that each member has sufficient
familiarity with the board's or governing body's role and
responsibilities, including financial oversight and
accountability of the school, evaluating the principal's and
school's performance, adherence to the Freedom of Information
Act and the Open Meetings Act, and compliance with education
and labor law. In each subsequent year of his or her term, a
voting member of a charter school's board of directors or
other governing body shall complete a minimum of 2 hours of
professional development training in these same areas. The
training under this subsection may be provided or certified by
a statewide charter school membership association or may be
provided or certified by other qualified providers approved by
the State Board.
(d) For purposes of this subsection (d), "non-curricular
health and safety requirement" means any health and safety
requirement created by statute or rule to provide, maintain,
preserve, or safeguard safe or healthful conditions for
students and school personnel or to eliminate, reduce, or
prevent threats to the health and safety of students and
school personnel. "Non-curricular health and safety
requirement" does not include any course of study or
specialized instructional requirement for which the State
Board has established goals and learning standards or which is
designed primarily to impart knowledge and skills for students
to master and apply as an outcome of their education.
A charter school shall comply with all non-curricular
health and safety requirements applicable to public schools
under the laws of the State of Illinois. The State Board shall
promulgate and post on its Internet website a list of
non-curricular health and safety requirements that a charter
school must meet. The list shall be updated annually no later
than September 1. Any charter contract between a charter
school and its authorizer must contain a provision that
requires the charter school to follow the list of all
non-curricular health and safety requirements promulgated by
the State Board and any non-curricular health and safety
requirements added by the State Board to such list during the
term of the charter. Nothing in this subsection (d) precludes
an authorizer from including non-curricular health and safety
requirements in a charter school contract that are not
contained in the list promulgated by the State Board,
including non-curricular health and safety requirements of the
authorizing local school board.
(e) Except as otherwise provided in the School Code, a
charter school shall not charge tuition; provided that a
charter school may charge reasonable fees for textbooks,
instructional materials, and student activities.
(f) A charter school shall be responsible for the
management and operation of its fiscal affairs, including, but
not limited to, the preparation of its budget. An audit of each
charter school's finances shall be conducted annually by an
outside, independent contractor retained by the charter
school. The contractor shall not be an employee of the charter
school or affiliated with the charter school or its authorizer
in any way, other than to audit the charter school's finances.
To ensure financial accountability for the use of public
funds, on or before December 1 of every year of operation, each
charter school shall submit to its authorizer and the State
Board a copy of its audit and a copy of the Form 990 the
charter school filed that year with the federal Internal
Revenue Service. In addition, if deemed necessary for proper
financial oversight of the charter school, an authorizer may
require quarterly financial statements from each charter
school.
(g) A charter school shall comply with all provisions of
this Article, the Illinois Educational Labor Relations Act,
all federal and State laws and rules applicable to public
schools that pertain to special education and the instruction
of English learners, and its charter. A charter school is
exempt from all other State laws and regulations in this Code
governing public schools and local school board policies;
however, a charter school is not exempt from the following:
(1) Sections 10-21.9 and 34-18.5 of this Code
regarding criminal history records checks and checks of
the Statewide Sex Offender Database and Statewide Murderer
and Violent Offender Against Youth Database of applicants
for employment;
(2) Sections 10-20.14, 10-22.6, 22-100, 24-24, 34-19,
and 34-84a of this Code regarding discipline of students;
(3) the Local Governmental and Governmental Employees
Tort Immunity Act;
(4) Section 108.75 of the General Not For Profit
Corporation Act of 1986 regarding indemnification of
officers, directors, employees, and agents;
(5) the Abused and Neglected Child Reporting Act;
(5.5) subsection (b) of Section 10-23.12 and
subsection (b) of Section 34-18.6 of this Code;
(6) the Illinois School Student Records Act;
(7) Section 10-17a of this Code regarding school
report cards;
(8) the P-20 Longitudinal Education Data System Act;
(9) Section 27-23.7 of this Code regarding bullying
prevention;
(10) Section 2-3.162 of this Code regarding student
discipline reporting;
(11) Sections 22-80 and 27-8.1 of this Code;
(12) Sections 10-20.60 and 34-18.53 of this Code;
(13) Sections 10-20.63 and 34-18.56 of this Code;
(14) Sections 22-90 and 26-18 of this Code;
(15) Section 22-30 of this Code;
(16) Sections 24-12 and 34-85 of this Code;
(17) the Seizure Smart School Act;
(18) Section 2-3.64a-10 of this Code;
(19) Sections 10-20.73 and 34-21.9 of this Code;
(20) Section 10-22.25b of this Code;
(21) Section 27-9.1a of this Code;
(22) Section 27-9.1b of this Code;
(23) Section 34-18.8 of this Code;
(24) Article 26A of this Code;
(25) Section 2-3.188 of this Code;
(26) Section 22-85.5 of this Code;
(27) subsections (d-10), (d-15), and (d-20) of Section
10-20.56 of this Code;
(28) Sections 10-20.83 and 34-18.78 of this Code;
(29) Section 10-20.13 of this Code;
(30) Section 28-19.2 of this Code;
(31) Section 34-21.6 of this Code; and
(32) Section 22-85.10 of this Code;
(33) Section 2-3.196 of this Code;
(34) Section 22-95 of this Code;
(35) Section 34-18.62 of this Code; and
(36) the Illinois Human Rights Act.
The change made by Public Act 96-104 to this subsection
(g) is declaratory of existing law.
(h) A charter school may negotiate and contract with a
school district, the governing body of a State college or
university or public community college, or any other public or
for-profit or nonprofit private entity for: (i) the use of a
school building and grounds or any other real property or
facilities that the charter school desires to use or convert
for use as a charter school site, (ii) the operation and
maintenance thereof, and (iii) the provision of any service,
activity, or undertaking that the charter school is required
to perform in order to carry out the terms of its charter.
Except as provided in subsection (i) of this Section, a school
district may charge a charter school reasonable rent for the
use of the district's buildings, grounds, and facilities. Any
services for which a charter school contracts with a school
district shall be provided by the district at cost. Any
services for which a charter school contracts with a local
school board or with the governing body of a State college or
university or public community college shall be provided by
the public entity at cost.
(i) In no event shall a charter school that is established
by converting an existing school or attendance center to
charter school status be required to pay rent for space that is
deemed available, as negotiated and provided in the charter
agreement, in school district facilities. However, all other
costs for the operation and maintenance of school district
facilities that are used by the charter school shall be
subject to negotiation between the charter school and the
local school board and shall be set forth in the charter.
(j) A charter school may limit student enrollment by age
or grade level.
(k) If the charter school is authorized by the State
Board, then the charter school is its own local education
agency.
(Source: P.A. 102-51, eff. 7-9-21; 102-157, eff. 7-1-22;
102-360, eff. 1-1-22; 102-445, eff. 8-20-21; 102-466, eff.
7-1-25; 102-522, eff. 8-20-21; 102-558, eff. 8-20-21; 102-676,
eff. 12-3-21; 102-697, eff. 4-5-22; 102-702, eff. 7-1-23;
102-805, eff. 1-1-23; 102-813, eff. 5-13-22; 103-154, eff.
6-30-23; 103-175, eff. 6-30-23; 103-472, eff. 8-1-24; revised
8-31-23.)
(105 ILCS 5/34-84a) (from Ch. 122, par. 34-84a)
Sec. 34-84a. Maintenance of discipline. Subject to the
limitations of all policies established or adopted under
Section 14-8.05, teachers, other licensed certificated
educational employees, and any other person, whether or not a
licensed certificated employee, providing a related service
for or with respect to a student shall maintain discipline in
the schools, including school grounds which are owned or
leased by the board and used for school purposes and
activities. In all matters relating to the discipline in and
conduct of the schools and the school children, they stand in
the relation of parents and guardians to the pupils. This
relationship shall extend to all activities connected with the
school program, including all athletic and extracurricular
programs, and may be exercised at any time for the safety and
supervision of the pupils in the absence of their parents or
guardians.
Nothing in this Section affects the power of the board to
establish rules with respect to discipline, except that the
rules of the board must provide, subject to the limitations of
all policies established or adopted under Section 14-8.05,
that a teacher, any other licensed certificated employee, and
any other person, whether or not a licensed certificated
employee, providing a related service for or with respect to a
student may only use reasonable force as permitted under
Section 34-18.20 needed to maintain safety for the other
students, shall provide that a teacher may remove a student
from the classroom for disruptive behavior, and must include
provisions which provide due process to students. The policy
shall prohibit the use of corporal punishment, as defined in
Section 22-100, in all circumstances.
(Source: P.A. 89-184, eff. 7-19-95.)