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1 AN ACT concerning education.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The School Code is amended by adding Sections
5 10-20.87 and 34-18.87 and by changing Section 27A-5 as
6 follows:
7 (105 ILCS 5/10-20.87 new)
8 Sec. 10-20.87. Mental health services notification.
9 (a) Beginning with the 2025-2026 school year, each school
10 district shall:
11 (1) notify the parents or guardians of each student
12 enrolled in the school district about any mental health
13 services available in the school in which the student is
14 enrolled, in the school district, or in the community
15 where the school is located; and
16 (2) notify each student enrolled in the school
17 district who is 12 years of age or older of the following
18 information in an age and developmentally appropriate
19 manner:
20 (A) mental health services available in the school
21 in which the student is enrolled, in the school
22 district, or in the community where the school is
23 located; and
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1 (B) the student's right to request to receive
2 counseling services or psychotherapy on an outpatient
3 basis under Section 3-550 of the Mental Health and
4 Developmental Disabilities Code.
5 (b) A school district shall provide the notifications
6 required under subsection (a) at the time of enrollment for
7 students enrolling in the school district for the first time,
8 prior to November 1 of each school year, and after January 1
9 but prior to March 1 of each school year. A school district
10 shall consider the languages most commonly spoken in the
11 communities where the school district's schools are located
12 when sending notifications to parents or guardians. A school
13 district may refer parents or guardians to the Care Portal
14 established and maintained by the Department of Human Services
15 under Section 11.4 of the Mental Health and Developmental
16 Disabilities Administrative Act.
17 (105 ILCS 5/27A-5)
18 (Text of Section before amendment by P.A. 102-466 and
19 103-472)
20 Sec. 27A-5. Charter school; legal entity; requirements.
21 (a) A charter school shall be a public, nonsectarian,
22 nonreligious, non-home based, and non-profit school. A charter
23 school shall be organized and operated as a nonprofit
24 corporation or other discrete, legal, nonprofit entity
25 authorized under the laws of the State of Illinois.
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1 (b) A charter school may be established under this Article
2 by creating a new school or by converting an existing public
3 school or attendance center to charter school status. In all
4 new applications to establish a charter school in a city
5 having a population exceeding 500,000, operation of the
6 charter school shall be limited to one campus. This limitation
7 does not apply to charter schools existing or approved on or
8 before April 16, 2003.
9 (b-5) (Blank).
10 (c) A charter school shall be administered and governed by
11 its board of directors or other governing body in the manner
12 provided in its charter. The governing body of a charter
13 school shall be subject to the Freedom of Information Act and
14 the Open Meetings Act. A charter school's board of directors
15 or other governing body must include at least one parent or
16 guardian of a pupil currently enrolled in the charter school
17 who may be selected through the charter school or a charter
18 network election, appointment by the charter school's board of
19 directors or other governing body, or by the charter school's
20 Parent Teacher Organization or its equivalent.
21 (c-5) No later than January 1, 2021 or within the first
22 year of his or her first term, every voting member of a charter
23 school's board of directors or other governing body shall
24 complete a minimum of 4 hours of professional development
25 leadership training to ensure that each member has sufficient
26 familiarity with the board's or governing body's role and
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1 responsibilities, including financial oversight and
2 accountability of the school, evaluating the principal's and
3 school's performance, adherence to the Freedom of Information
4 Act and the Open Meetings Act, and compliance with education
5 and labor law. In each subsequent year of his or her term, a
6 voting member of a charter school's board of directors or
7 other governing body shall complete a minimum of 2 hours of
8 professional development training in these same areas. The
9 training under this subsection may be provided or certified by
10 a statewide charter school membership association or may be
11 provided or certified by other qualified providers approved by
12 the State Board.
13 (d) For purposes of this subsection (d), "non-curricular
14 health and safety requirement" means any health and safety
15 requirement created by statute or rule to provide, maintain,
16 preserve, or safeguard safe or healthful conditions for
17 students and school personnel or to eliminate, reduce, or
18 prevent threats to the health and safety of students and
19 school personnel. "Non-curricular health and safety
20 requirement" does not include any course of study or
21 specialized instructional requirement for which the State
22 Board has established goals and learning standards or which is
23 designed primarily to impart knowledge and skills for students
24 to master and apply as an outcome of their education.
25 A charter school shall comply with all non-curricular
26 health and safety requirements applicable to public schools
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1 under the laws of the State of Illinois. The State Board shall
2 promulgate and post on its Internet website a list of
3 non-curricular health and safety requirements that a charter
4 school must meet. The list shall be updated annually no later
5 than September 1. Any charter contract between a charter
6 school and its authorizer must contain a provision that
7 requires the charter school to follow the list of all
8 non-curricular health and safety requirements promulgated by
9 the State Board and any non-curricular health and safety
10 requirements added by the State Board to such list during the
11 term of the charter. Nothing in this subsection (d) precludes
12 an authorizer from including non-curricular health and safety
13 requirements in a charter school contract that are not
14 contained in the list promulgated by the State Board,
15 including non-curricular health and safety requirements of the
16 authorizing local school board.
17 (e) Except as otherwise provided in the School Code, a
18 charter school shall not charge tuition; provided that a
19 charter school may charge reasonable fees for textbooks,
20 instructional materials, and student activities.
21 (f) A charter school shall be responsible for the
22 management and operation of its fiscal affairs, including, but
23 not limited to, the preparation of its budget. An audit of each
24 charter school's finances shall be conducted annually by an
25 outside, independent contractor retained by the charter
26 school. The contractor shall not be an employee of the charter
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1 school or affiliated with the charter school or its authorizer
2 in any way, other than to audit the charter school's finances.
3 To ensure financial accountability for the use of public
4 funds, on or before December 1 of every year of operation, each
5 charter school shall submit to its authorizer and the State
6 Board a copy of its audit and a copy of the Form 990 the
7 charter school filed that year with the federal Internal
8 Revenue Service. In addition, if deemed necessary for proper
9 financial oversight of the charter school, an authorizer may
10 require quarterly financial statements from each charter
11 school.
12 (g) A charter school shall comply with all provisions of
13 this Article, the Illinois Educational Labor Relations Act,
14 all federal and State laws and rules applicable to public
15 schools that pertain to special education and the instruction
16 of English learners, and its charter. A charter school is
17 exempt from all other State laws and regulations in this Code
18 governing public schools and local school board policies;
19 however, a charter school is not exempt from the following:
20 (1) Sections 10-21.9 and 34-18.5 of this Code
21 regarding criminal history records checks and checks of
22 the Statewide Sex Offender Database and Statewide Murderer
23 and Violent Offender Against Youth Database of applicants
24 for employment;
25 (2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and
26 34-84a of this Code regarding discipline of students;
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1 (3) the Local Governmental and Governmental Employees
2 Tort Immunity Act;
3 (4) Section 108.75 of the General Not For Profit
4 Corporation Act of 1986 regarding indemnification of
5 officers, directors, employees, and agents;
6 (5) the Abused and Neglected Child Reporting Act;
7 (5.5) subsection (b) of Section 10-23.12 and
8 subsection (b) of Section 34-18.6 of this Code;
9 (6) the Illinois School Student Records Act;
10 (7) Section 10-17a of this Code regarding school
11 report cards;
12 (8) the P-20 Longitudinal Education Data System Act;
13 (9) Section 27-23.7 of this Code regarding bullying
14 prevention;
15 (10) Section 2-3.162 of this Code regarding student
16 discipline reporting;
17 (11) Sections 22-80 and 27-8.1 of this Code;
18 (12) Sections 10-20.60 and 34-18.53 of this Code;
19 (13) Sections 10-20.63 and 34-18.56 of this Code;
20 (14) Sections 22-90 and 26-18 of this Code;
21 (15) Section 22-30 of this Code;
22 (16) Sections 24-12 and 34-85 of this Code;
23 (17) the Seizure Smart School Act;
24 (18) Section 2-3.64a-10 of this Code;
25 (19) Sections 10-20.73 and 34-21.9 of this Code;
26 (20) Section 10-22.25b of this Code;
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1 (21) Section 27-9.1a of this Code;
2 (22) Section 27-9.1b of this Code;
3 (23) Section 34-18.8 of this Code;
4 (25) Section 2-3.188 of this Code;
5 (26) Section 22-85.5 of this Code;
6 (27) subsections (d-10), (d-15), and (d-20) of Section
7 10-20.56 of this Code;
8 (28) Sections 10-20.83 and 34-18.78 of this Code;
9 (29) Section 10-20.13 of this Code;
10 (30) Section 28-19.2 of this Code;
11 (31) Section 34-21.6 of this Code; and
12 (32) Section 22-85.10 of this Code; and .
13 (37) Sections 10-20.87 and 34-18.87 of this Code.
14 The change made by Public Act 96-104 to this subsection
15 (g) is declaratory of existing law.
16 (h) A charter school may negotiate and contract with a
17 school district, the governing body of a State college or
18 university or public community college, or any other public or
19 for-profit or nonprofit private entity for: (i) the use of a
20 school building and grounds or any other real property or
21 facilities that the charter school desires to use or convert
22 for use as a charter school site, (ii) the operation and
23 maintenance thereof, and (iii) the provision of any service,
24 activity, or undertaking that the charter school is required
25 to perform in order to carry out the terms of its charter.
26 Except as provided in subsection (i) of this Section, a school
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1 district may charge a charter school reasonable rent for the
2 use of the district's buildings, grounds, and facilities. Any
3 services for which a charter school contracts with a school
4 district shall be provided by the district at cost. Any
5 services for which a charter school contracts with a local
6 school board or with the governing body of a State college or
7 university or public community college shall be provided by
8 the public entity at cost.
9 (i) In no event shall a charter school that is established
10 by converting an existing school or attendance center to
11 charter school status be required to pay rent for space that is
12 deemed available, as negotiated and provided in the charter
13 agreement, in school district facilities. However, all other
14 costs for the operation and maintenance of school district
15 facilities that are used by the charter school shall be
16 subject to negotiation between the charter school and the
17 local school board and shall be set forth in the charter.
18 (j) A charter school may limit student enrollment by age
19 or grade level.
20 (k) If the charter school is authorized by the State
21 Board, then the charter school is its own local education
22 agency.
23 (Source: P.A. 102-51, eff. 7-9-21; 102-157, eff. 7-1-22;
24 102-360, eff. 1-1-22; 102-445, eff. 8-20-21; 102-522, eff.
25 8-20-21; 102-558, eff. 8-20-21; 102-676, eff. 12-3-21;
26 102-697, eff. 4-5-22; 102-702, eff. 7-1-23; 102-805, eff.
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1 1-1-23; 102-813, eff. 5-13-22; 103-154, eff. 6-30-23; 103-175,
2 eff. 6-30-23.)
3 (Text of Section after amendment by P.A. 103-472 but
4 before amendment by P.A. 102-466)
5 Sec. 27A-5. Charter school; legal entity; requirements.
6 (a) A charter school shall be a public, nonsectarian,
7 nonreligious, non-home based, and non-profit school. A charter
8 school shall be organized and operated as a nonprofit
9 corporation or other discrete, legal, nonprofit entity
10 authorized under the laws of the State of Illinois.
11 (b) A charter school may be established under this Article
12 by creating a new school or by converting an existing public
13 school or attendance center to charter school status. In all
14 new applications to establish a charter school in a city
15 having a population exceeding 500,000, operation of the
16 charter school shall be limited to one campus. This limitation
17 does not apply to charter schools existing or approved on or
18 before April 16, 2003.
19 (b-5) (Blank).
20 (c) A charter school shall be administered and governed by
21 its board of directors or other governing body in the manner
22 provided in its charter. The governing body of a charter
23 school shall be subject to the Freedom of Information Act and
24 the Open Meetings Act. A charter school's board of directors
25 or other governing body must include at least one parent or
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1 guardian of a pupil currently enrolled in the charter school
2 who may be selected through the charter school or a charter
3 network election, appointment by the charter school's board of
4 directors or other governing body, or by the charter school's
5 Parent Teacher Organization or its equivalent.
6 (c-5) No later than January 1, 2021 or within the first
7 year of his or her first term, every voting member of a charter
8 school's board of directors or other governing body shall
9 complete a minimum of 4 hours of professional development
10 leadership training to ensure that each member has sufficient
11 familiarity with the board's or governing body's role and
12 responsibilities, including financial oversight and
13 accountability of the school, evaluating the principal's and
14 school's performance, adherence to the Freedom of Information
15 Act and the Open Meetings Act, and compliance with education
16 and labor law. In each subsequent year of his or her term, a
17 voting member of a charter school's board of directors or
18 other governing body shall complete a minimum of 2 hours of
19 professional development training in these same areas. The
20 training under this subsection may be provided or certified by
21 a statewide charter school membership association or may be
22 provided or certified by other qualified providers approved by
23 the State Board.
24 (d) For purposes of this subsection (d), "non-curricular
25 health and safety requirement" means any health and safety
26 requirement created by statute or rule to provide, maintain,
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1 preserve, or safeguard safe or healthful conditions for
2 students and school personnel or to eliminate, reduce, or
3 prevent threats to the health and safety of students and
4 school personnel. "Non-curricular health and safety
5 requirement" does not include any course of study or
6 specialized instructional requirement for which the State
7 Board has established goals and learning standards or which is
8 designed primarily to impart knowledge and skills for students
9 to master and apply as an outcome of their education.
10 A charter school shall comply with all non-curricular
11 health and safety requirements applicable to public schools
12 under the laws of the State of Illinois. The State Board shall
13 promulgate and post on its Internet website a list of
14 non-curricular health and safety requirements that a charter
15 school must meet. The list shall be updated annually no later
16 than September 1. Any charter contract between a charter
17 school and its authorizer must contain a provision that
18 requires the charter school to follow the list of all
19 non-curricular health and safety requirements promulgated by
20 the State Board and any non-curricular health and safety
21 requirements added by the State Board to such list during the
22 term of the charter. Nothing in this subsection (d) precludes
23 an authorizer from including non-curricular health and safety
24 requirements in a charter school contract that are not
25 contained in the list promulgated by the State Board,
26 including non-curricular health and safety requirements of the
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1 authorizing local school board.
2 (e) Except as otherwise provided in the School Code, a
3 charter school shall not charge tuition; provided that a
4 charter school may charge reasonable fees for textbooks,
5 instructional materials, and student activities.
6 (f) A charter school shall be responsible for the
7 management and operation of its fiscal affairs, including, but
8 not limited to, the preparation of its budget. An audit of each
9 charter school's finances shall be conducted annually by an
10 outside, independent contractor retained by the charter
11 school. The contractor shall not be an employee of the charter
12 school or affiliated with the charter school or its authorizer
13 in any way, other than to audit the charter school's finances.
14 To ensure financial accountability for the use of public
15 funds, on or before December 1 of every year of operation, each
16 charter school shall submit to its authorizer and the State
17 Board a copy of its audit and a copy of the Form 990 the
18 charter school filed that year with the federal Internal
19 Revenue Service. In addition, if deemed necessary for proper
20 financial oversight of the charter school, an authorizer may
21 require quarterly financial statements from each charter
22 school.
23 (g) A charter school shall comply with all provisions of
24 this Article, the Illinois Educational Labor Relations Act,
25 all federal and State laws and rules applicable to public
26 schools that pertain to special education and the instruction
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1 of English learners, and its charter. A charter school is
2 exempt from all other State laws and regulations in this Code
3 governing public schools and local school board policies;
4 however, a charter school is not exempt from the following:
5 (1) Sections 10-21.9 and 34-18.5 of this Code
6 regarding criminal history records checks and checks of
7 the Statewide Sex Offender Database and Statewide Murderer
8 and Violent Offender Against Youth Database of applicants
9 for employment;
10 (2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and
11 34-84a of this Code regarding discipline of students;
12 (3) the Local Governmental and Governmental Employees
13 Tort Immunity Act;
14 (4) Section 108.75 of the General Not For Profit
15 Corporation Act of 1986 regarding indemnification of
16 officers, directors, employees, and agents;
17 (5) the Abused and Neglected Child Reporting Act;
18 (5.5) subsection (b) of Section 10-23.12 and
19 subsection (b) of Section 34-18.6 of this Code;
20 (6) the Illinois School Student Records Act;
21 (7) Section 10-17a of this Code regarding school
22 report cards;
23 (8) the P-20 Longitudinal Education Data System Act;
24 (9) Section 27-23.7 of this Code regarding bullying
25 prevention;
26 (10) Section 2-3.162 of this Code regarding student
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1 discipline reporting;
2 (11) Sections 22-80 and 27-8.1 of this Code;
3 (12) Sections 10-20.60 and 34-18.53 of this Code;
4 (13) Sections 10-20.63 and 34-18.56 of this Code;
5 (14) Sections 22-90 and 26-18 of this Code;
6 (15) Section 22-30 of this Code;
7 (16) Sections 24-12 and 34-85 of this Code;
8 (17) the Seizure Smart School Act;
9 (18) Section 2-3.64a-10 of this Code;
10 (19) Sections 10-20.73 and 34-21.9 of this Code;
11 (20) Section 10-22.25b of this Code;
12 (21) Section 27-9.1a of this Code;
13 (22) Section 27-9.1b of this Code;
14 (23) Section 34-18.8 of this Code;
15 (25) Section 2-3.188 of this Code;
16 (26) Section 22-85.5 of this Code;
17 (27) subsections (d-10), (d-15), and (d-20) of Section
18 10-20.56 of this Code;
19 (28) Sections 10-20.83 and 34-18.78 of this Code;
20 (29) Section 10-20.13 of this Code;
21 (30) Section 28-19.2 of this Code;
22 (31) Section 34-21.6 of this Code; and
23 (32) Section 22-85.10 of this Code;
24 (33) Section 2-3.196 of this Code;
25 (34) Section 22-95 of this Code;
26 (35) Section 34-18.62 of this Code; and
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1 (36) the Illinois Human Rights Act; and .
2 (37) Sections 10-20.87 and 34-18.87 of this Code.
3 The change made by Public Act 96-104 to this subsection
4 (g) is declaratory of existing law.
5 (h) A charter school may negotiate and contract with a
6 school district, the governing body of a State college or
7 university or public community college, or any other public or
8 for-profit or nonprofit private entity for: (i) the use of a
9 school building and grounds or any other real property or
10 facilities that the charter school desires to use or convert
11 for use as a charter school site, (ii) the operation and
12 maintenance thereof, and (iii) the provision of any service,
13 activity, or undertaking that the charter school is required
14 to perform in order to carry out the terms of its charter.
15 Except as provided in subsection (i) of this Section, a school
16 district may charge a charter school reasonable rent for the
17 use of the district's buildings, grounds, and facilities. Any
18 services for which a charter school contracts with a school
19 district shall be provided by the district at cost. Any
20 services for which a charter school contracts with a local
21 school board or with the governing body of a State college or
22 university or public community college shall be provided by
23 the public entity at cost.
24 (i) In no event shall a charter school that is established
25 by converting an existing school or attendance center to
26 charter school status be required to pay rent for space that is
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1 deemed available, as negotiated and provided in the charter
2 agreement, in school district facilities. However, all other
3 costs for the operation and maintenance of school district
4 facilities that are used by the charter school shall be
5 subject to negotiation between the charter school and the
6 local school board and shall be set forth in the charter.
7 (j) A charter school may limit student enrollment by age
8 or grade level.
9 (k) If the charter school is authorized by the State
10 Board, then the charter school is its own local education
11 agency.
12 (Source: P.A. 102-51, eff. 7-9-21; 102-157, eff. 7-1-22;
13 102-360, eff. 1-1-22; 102-445, eff. 8-20-21; 102-522, eff.
14 8-20-21; 102-558, eff. 8-20-21; 102-676, eff. 12-3-21;
15 102-697, eff. 4-5-22; 102-702, eff. 7-1-23; 102-805, eff.
16 1-1-23; 102-813, eff. 5-13-22; 103-154, eff. 6-30-23; 103-175,
17 eff. 6-30-23; 103-472, eff. 8-1-24; revised 8-31-23.)
18 (Text of Section after amendment by P.A. 102-466)
19 Sec. 27A-5. Charter school; legal entity; requirements.
20 (a) A charter school shall be a public, nonsectarian,
21 nonreligious, non-home based, and non-profit school. A charter
22 school shall be organized and operated as a nonprofit
23 corporation or other discrete, legal, nonprofit entity
24 authorized under the laws of the State of Illinois.
25 (b) A charter school may be established under this Article
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1 by creating a new school or by converting an existing public
2 school or attendance center to charter school status. In all
3 new applications to establish a charter school in a city
4 having a population exceeding 500,000, operation of the
5 charter school shall be limited to one campus. This limitation
6 does not apply to charter schools existing or approved on or
7 before April 16, 2003.
8 (b-5) (Blank).
9 (c) A charter school shall be administered and governed by
10 its board of directors or other governing body in the manner
11 provided in its charter. The governing body of a charter
12 school shall be subject to the Freedom of Information Act and
13 the Open Meetings Act. A charter school's board of directors
14 or other governing body must include at least one parent or
15 guardian of a pupil currently enrolled in the charter school
16 who may be selected through the charter school or a charter
17 network election, appointment by the charter school's board of
18 directors or other governing body, or by the charter school's
19 Parent Teacher Organization or its equivalent.
20 (c-5) No later than January 1, 2021 or within the first
21 year of his or her first term, every voting member of a charter
22 school's board of directors or other governing body shall
23 complete a minimum of 4 hours of professional development
24 leadership training to ensure that each member has sufficient
25 familiarity with the board's or governing body's role and
26 responsibilities, including financial oversight and
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1 accountability of the school, evaluating the principal's and
2 school's performance, adherence to the Freedom of Information
3 Act and the Open Meetings Act, and compliance with education
4 and labor law. In each subsequent year of his or her term, a
5 voting member of a charter school's board of directors or
6 other governing body shall complete a minimum of 2 hours of
7 professional development training in these same areas. The
8 training under this subsection may be provided or certified by
9 a statewide charter school membership association or may be
10 provided or certified by other qualified providers approved by
11 the State Board.
12 (d) For purposes of this subsection (d), "non-curricular
13 health and safety requirement" means any health and safety
14 requirement created by statute or rule to provide, maintain,
15 preserve, or safeguard safe or healthful conditions for
16 students and school personnel or to eliminate, reduce, or
17 prevent threats to the health and safety of students and
18 school personnel. "Non-curricular health and safety
19 requirement" does not include any course of study or
20 specialized instructional requirement for which the State
21 Board has established goals and learning standards or which is
22 designed primarily to impart knowledge and skills for students
23 to master and apply as an outcome of their education.
24 A charter school shall comply with all non-curricular
25 health and safety requirements applicable to public schools
26 under the laws of the State of Illinois. The State Board shall
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1 promulgate and post on its Internet website a list of
2 non-curricular health and safety requirements that a charter
3 school must meet. The list shall be updated annually no later
4 than September 1. Any charter contract between a charter
5 school and its authorizer must contain a provision that
6 requires the charter school to follow the list of all
7 non-curricular health and safety requirements promulgated by
8 the State Board and any non-curricular health and safety
9 requirements added by the State Board to such list during the
10 term of the charter. Nothing in this subsection (d) precludes
11 an authorizer from including non-curricular health and safety
12 requirements in a charter school contract that are not
13 contained in the list promulgated by the State Board,
14 including non-curricular health and safety requirements of the
15 authorizing local school board.
16 (e) Except as otherwise provided in the School Code, a
17 charter school shall not charge tuition; provided that a
18 charter school may charge reasonable fees for textbooks,
19 instructional materials, and student activities.
20 (f) A charter school shall be responsible for the
21 management and operation of its fiscal affairs, including, but
22 not limited to, the preparation of its budget. An audit of each
23 charter school's finances shall be conducted annually by an
24 outside, independent contractor retained by the charter
25 school. The contractor shall not be an employee of the charter
26 school or affiliated with the charter school or its authorizer
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1 in any way, other than to audit the charter school's finances.
2 To ensure financial accountability for the use of public
3 funds, on or before December 1 of every year of operation, each
4 charter school shall submit to its authorizer and the State
5 Board a copy of its audit and a copy of the Form 990 the
6 charter school filed that year with the federal Internal
7 Revenue Service. In addition, if deemed necessary for proper
8 financial oversight of the charter school, an authorizer may
9 require quarterly financial statements from each charter
10 school.
11 (g) A charter school shall comply with all provisions of
12 this Article, the Illinois Educational Labor Relations Act,
13 all federal and State laws and rules applicable to public
14 schools that pertain to special education and the instruction
15 of English learners, and its charter. A charter school is
16 exempt from all other State laws and regulations in this Code
17 governing public schools and local school board policies;
18 however, a charter school is not exempt from the following:
19 (1) Sections 10-21.9 and 34-18.5 of this Code
20 regarding criminal history records checks and checks of
21 the Statewide Sex Offender Database and Statewide Murderer
22 and Violent Offender Against Youth Database of applicants
23 for employment;
24 (2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and
25 34-84a of this Code regarding discipline of students;
26 (3) the Local Governmental and Governmental Employees
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1 Tort Immunity Act;
2 (4) Section 108.75 of the General Not For Profit
3 Corporation Act of 1986 regarding indemnification of
4 officers, directors, employees, and agents;
5 (5) the Abused and Neglected Child Reporting Act;
6 (5.5) subsection (b) of Section 10-23.12 and
7 subsection (b) of Section 34-18.6 of this Code;
8 (6) the Illinois School Student Records Act;
9 (7) Section 10-17a of this Code regarding school
10 report cards;
11 (8) the P-20 Longitudinal Education Data System Act;
12 (9) Section 27-23.7 of this Code regarding bullying
13 prevention;
14 (10) Section 2-3.162 of this Code regarding student
15 discipline reporting;
16 (11) Sections 22-80 and 27-8.1 of this Code;
17 (12) Sections 10-20.60 and 34-18.53 of this Code;
18 (13) Sections 10-20.63 and 34-18.56 of this Code;
19 (14) Sections 22-90 and 26-18 of this Code;
20 (15) Section 22-30 of this Code;
21 (16) Sections 24-12 and 34-85 of this Code;
22 (17) the Seizure Smart School Act;
23 (18) Section 2-3.64a-10 of this Code;
24 (19) Sections 10-20.73 and 34-21.9 of this Code;
25 (20) Section 10-22.25b of this Code;
26 (21) Section 27-9.1a of this Code;
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1 (22) Section 27-9.1b of this Code;
2 (23) Section 34-18.8 of this Code;
3 (24) Article 26A of this Code;
4 (25) Section 2-3.188 of this Code;
5 (26) Section 22-85.5 of this Code;
6 (27) subsections (d-10), (d-15), and (d-20) of Section
7 10-20.56 of this Code;
8 (28) Sections 10-20.83 and 34-18.78 of this Code;
9 (29) Section 10-20.13 of this Code;
10 (30) Section 28-19.2 of this Code;
11 (31) Section 34-21.6 of this Code; and
12 (32) Section 22-85.10 of this Code;
13 (33) Section 2-3.196 of this Code;
14 (34) Section 22-95 of this Code;
15 (35) Section 34-18.62 of this Code; and
16 (36) the Illinois Human Rights Act; and .
17 (37) Sections 10-20.87 and 34-18.87 of this Code.
18 The change made by Public Act 96-104 to this subsection
19 (g) is declaratory of existing law.
20 (h) A charter school may negotiate and contract with a
21 school district, the governing body of a State college or
22 university or public community college, or any other public or
23 for-profit or nonprofit private entity for: (i) the use of a
24 school building and grounds or any other real property or
25 facilities that the charter school desires to use or convert
26 for use as a charter school site, (ii) the operation and
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1 maintenance thereof, and (iii) the provision of any service,
2 activity, or undertaking that the charter school is required
3 to perform in order to carry out the terms of its charter.
4 Except as provided in subsection (i) of this Section, a school
5 district may charge a charter school reasonable rent for the
6 use of the district's buildings, grounds, and facilities. Any
7 services for which a charter school contracts with a school
8 district shall be provided by the district at cost. Any
9 services for which a charter school contracts with a local
10 school board or with the governing body of a State college or
11 university or public community college shall be provided by
12 the public entity at cost.
13 (i) In no event shall a charter school that is established
14 by converting an existing school or attendance center to
15 charter school status be required to pay rent for space that is
16 deemed available, as negotiated and provided in the charter
17 agreement, in school district facilities. However, all other
18 costs for the operation and maintenance of school district
19 facilities that are used by the charter school shall be
20 subject to negotiation between the charter school and the
21 local school board and shall be set forth in the charter.
22 (j) A charter school may limit student enrollment by age
23 or grade level.
24 (k) If the charter school is authorized by the State
25 Board, then the charter school is its own local education
26 agency.
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1 (Source: P.A. 102-51, eff. 7-9-21; 102-157, eff. 7-1-22;
2 102-360, eff. 1-1-22; 102-445, eff. 8-20-21; 102-466, eff.
3 7-1-25; 102-522, eff. 8-20-21; 102-558, eff. 8-20-21; 102-676,
4 eff. 12-3-21; 102-697, eff. 4-5-22; 102-702, eff. 7-1-23;
5 102-805, eff. 1-1-23; 102-813, eff. 5-13-22; 103-154, eff.
6 6-30-23; 103-175, eff. 6-30-23; 103-472, eff. 8-1-24; revised
7 8-31-23.)
8 (105 ILCS 5/34-18.87 new)
9 Sec. 34-18.87. Mental health services notification.
10 (a) Beginning with the 2025-2026 school year, the school
11 district shall:
12 (1) notify the parents or guardians of each student
13 enrolled in the school district about any mental health
14 services available in the school in which the student is
15 enrolled, in the school district, or in the community
16 where the school is located; and
17 (2) notify each student enrolled in the school
18 district who is 12 years of age or older of the following
19 information in an age and developmentally appropriate
20 manner:
21 (A) mental health services available in the school
22 in which the student is enrolled, in the school
23 district, or in the community where the school is
24 located; and
25 (B) the student's right to request to receive
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1 counseling services or psychotherapy on an outpatient
2 basis under Section 3-550 of the Mental Health and
3 Developmental Disabilities Code.
4 (b) The school district shall provide the notifications
5 required under subsection (a) at the time of enrollment for
6 students enrolling in the school district for the first time,
7 prior to November 1 of each school year, and after January 1
8 but prior to March 1 of each school year. The school district
9 shall consider the languages most commonly spoken in the
10 communities where the school district's schools are located
11 when sending notifications to parents or guardians. The school
12 district may refer parents or guardians to the Care Portal
13 established and maintained by the Department of Human Services
14 under Section 11.4 of the Mental Health and Developmental
15 Disabilities Administrative Act.
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