Illinois 2023-2024 Regular Session

Illinois House Bill HB4586 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	HB4586 EngrossedLRB103 35815 RJT 65900 b HB4586 Engrossed LRB103 35815 RJT 65900 b
2		-	HB4586 Engrossed LRB103 35815 RJT 65900 b
	1	+	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4586 Introduced , by Rep. Anne Stava-Murray SYNOPSIS AS INTRODUCED: 105 ILCS 5/10-20.87 new105 ILCS 5/27A-5105 ILCS 5/34-18.85 new Amends the School Code. Provides that a school board shall require each school to notify students and the students' parents or guardians twice each year on how to access any mental health services offered in school or in the community where the school is located. LRB103 35815 RJT 65900 b STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4586 Introduced , by Rep. Anne Stava-Murray SYNOPSIS AS INTRODUCED: 105 ILCS 5/10-20.87 new105 ILCS 5/27A-5105 ILCS 5/34-18.85 new 105 ILCS 5/10-20.87 new 105 ILCS 5/27A-5 105 ILCS 5/34-18.85 new Amends the School Code. Provides that a school board shall require each school to notify students and the students' parents or guardians twice each year on how to access any mental health services offered in school or in the community where the school is located. LRB103 35815 RJT 65900 b LRB103 35815 RJT 65900 b STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY A BILL FOR
	2	+	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4586 Introduced , by Rep. Anne Stava-Murray SYNOPSIS AS INTRODUCED:
	3	+	105 ILCS 5/10-20.87 new105 ILCS 5/27A-5105 ILCS 5/34-18.85 new 105 ILCS 5/10-20.87 new 105 ILCS 5/27A-5 105 ILCS 5/34-18.85 new
	4	+	105 ILCS 5/10-20.87 new
	5	+	105 ILCS 5/27A-5
	6	+	105 ILCS 5/34-18.85 new
	7	+	Amends the School Code. Provides that a school board shall require each school to notify students and the students' parents or guardians twice each year on how to access any mental health services offered in school or in the community where the school is located.
	8	+	LRB103 35815 RJT 65900 b LRB103 35815 RJT 65900 b
	9	+	LRB103 35815 RJT 65900 b
	10	+	STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY
	11	+	STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY
	12	+	A BILL FOR
	13	+	HB4586LRB103 35815 RJT 65900 b HB4586 LRB103 35815 RJT 65900 b
	14	+	HB4586 LRB103 35815 RJT 65900 b
3	15		1 AN ACT concerning education.
4	16		2 Be it enacted by the People of the State of Illinois,
5	17		3 represented in the General Assembly:
6	18		4 Section 5. The School Code is amended by adding Sections
7		-	5 10-20.87 and 34-18.87 and by changing Section 27A-5 as
	19	+	5 10-20.87 and 34-18.85 and by changing Section 27A-5 as
8	20		6 follows:
9	21		7 (105 ILCS 5/10-20.87 new)
10		-	8 Sec. 10-20.87. Mental health services notification.
11		-	9 (a) Beginning with the 2025-2026 school year, each school
12		-	10 district shall:
13		-	11 (1) notify the parents or guardians of each student
14		-	12 enrolled in the school district about any mental health
15		-	13 services available in the school in which the student is
16		-	14 enrolled, in the school district, or in the community
17		-	15 where the school is located; and
18		-	16 (2) notify each student enrolled in the school
19		-	17 district who is 12 years of age or older of the following
20		-	18 information in an age and developmentally appropriate
21		-	19 manner:
22		-	20 (A) mental health services available in the school
23		-	21 in which the student is enrolled, in the school
24		-	22 district, or in the community where the school is
25		-	23 located; and
	22	+	8 Sec. 10-20.87. Mental health services notification. A
	23	+	9 school board shall require each school to notify students and
	24	+	10 the students' parents or guardians twice each year on how to
	25	+	11 access any mental health services offered in the school or in
	26	+	12 the community where the school is located.
	27	+	13 (105 ILCS 5/27A-5)
	28	+	14 (Text of Section before amendment by P.A. 102-466 and
	29	+	15 103-472)
	30	+	16 Sec. 27A-5. Charter school; legal entity; requirements.
	31	+	17 (a) A charter school shall be a public, nonsectarian,
	32	+	18 nonreligious, non-home based, and non-profit school. A charter
	33	+	19 school shall be organized and operated as a nonprofit
	34	+	20 corporation or other discrete, legal, nonprofit entity
	35	+	21 authorized under the laws of the State of Illinois.
	36	+	22 (b) A charter school may be established under this Article
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34		-	1 (B) the student's right to request to receive
35		-	2 counseling services or psychotherapy on an outpatient
36		-	3 basis under Section 3-550 of the Mental Health and
37		-	4 Developmental Disabilities Code.
38		-	5 (b) A school district shall provide the notifications
39		-	6 required under subsection (a) at the time of enrollment for
40		-	7 students enrolling in the school district for the first time,
41		-	8 prior to November 1 of each school year, and after January 1
42		-	9 but prior to March 1 of each school year. A school district
43		-	10 shall consider the languages most commonly spoken in the
44		-	11 communities where the school district's schools are located
45		-	12 when sending notifications to parents or guardians. A school
46		-	13 district may refer parents or guardians to the Care Portal
47		-	14 established and maintained by the Department of Human Services
48		-	15 under Section 11.4 of the Mental Health and Developmental
49		-	16 Disabilities Administrative Act.
50		-	17 (105 ILCS 5/27A-5)
51		-	18 (Text of Section before amendment by P.A. 102-466 and
52		-	19 103-472)
53		-	20 Sec. 27A-5. Charter school; legal entity; requirements.
54		-	21 (a) A charter school shall be a public, nonsectarian,
55		-	22 nonreligious, non-home based, and non-profit school. A charter
56		-	23 school shall be organized and operated as a nonprofit
57		-	24 corporation or other discrete, legal, nonprofit entity
58		-	25 authorized under the laws of the State of Illinois.
	40	+	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4586 Introduced , by Rep. Anne Stava-Murray SYNOPSIS AS INTRODUCED:
	41	+	105 ILCS 5/10-20.87 new105 ILCS 5/27A-5105 ILCS 5/34-18.85 new 105 ILCS 5/10-20.87 new 105 ILCS 5/27A-5 105 ILCS 5/34-18.85 new
	42	+	105 ILCS 5/10-20.87 new
	43	+	105 ILCS 5/27A-5
	44	+	105 ILCS 5/34-18.85 new
	45	+	Amends the School Code. Provides that a school board shall require each school to notify students and the students' parents or guardians twice each year on how to access any mental health services offered in school or in the community where the school is located.
	46	+	LRB103 35815 RJT 65900 b LRB103 35815 RJT 65900 b
	47	+	LRB103 35815 RJT 65900 b
	48	+	STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY
	49	+	STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY
	50	+	A BILL FOR
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	56	+	105 ILCS 5/10-20.87 new
	57	+	105 ILCS 5/27A-5
	58	+	105 ILCS 5/34-18.85 new
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69		-	1 (b) A charter school may be established under this Article
70		-	2 by creating a new school or by converting an existing public
71		-	3 school or attendance center to charter school status. In all
72		-	4 new applications to establish a charter school in a city
73		-	5 having a population exceeding 500,000, operation of the
74		-	6 charter school shall be limited to one campus. This limitation
75		-	7 does not apply to charter schools existing or approved on or
76		-	8 before April 16, 2003.
77		-	9 (b-5) (Blank).
78		-	10 (c) A charter school shall be administered and governed by
79		-	11 its board of directors or other governing body in the manner
80		-	12 provided in its charter. The governing body of a charter
81		-	13 school shall be subject to the Freedom of Information Act and
82		-	14 the Open Meetings Act. A charter school's board of directors
83		-	15 or other governing body must include at least one parent or
84		-	16 guardian of a pupil currently enrolled in the charter school
85		-	17 who may be selected through the charter school or a charter
86		-	18 network election, appointment by the charter school's board of
87		-	19 directors or other governing body, or by the charter school's
88		-	20 Parent Teacher Organization or its equivalent.
89		-	21 (c-5) No later than January 1, 2021 or within the first
90		-	22 year of his or her first term, every voting member of a charter
91		-	23 school's board of directors or other governing body shall
92		-	24 complete a minimum of 4 hours of professional development
93		-	25 leadership training to ensure that each member has sufficient
94		-	26 familiarity with the board's or governing body's role and
	61	+
	62	+	LRB103 35815 RJT 65900 b
	63	+
	64	+	STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY
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105		-	1 responsibilities, including financial oversight and
106		-	2 accountability of the school, evaluating the principal's and
107		-	3 school's performance, adherence to the Freedom of Information
108		-	4 Act and the Open Meetings Act, and compliance with education
109		-	5 and labor law. In each subsequent year of his or her term, a
110		-	6 voting member of a charter school's board of directors or
111		-	7 other governing body shall complete a minimum of 2 hours of
112		-	8 professional development training in these same areas. The
113		-	9 training under this subsection may be provided or certified by
114		-	10 a statewide charter school membership association or may be
115		-	11 provided or certified by other qualified providers approved by
116		-	12 the State Board.
117		-	13 (d) For purposes of this subsection (d), "non-curricular
118		-	14 health and safety requirement" means any health and safety
119		-	15 requirement created by statute or rule to provide, maintain,
120		-	16 preserve, or safeguard safe or healthful conditions for
121		-	17 students and school personnel or to eliminate, reduce, or
122		-	18 prevent threats to the health and safety of students and
123		-	19 school personnel. "Non-curricular health and safety
124		-	20 requirement" does not include any course of study or
125		-	21 specialized instructional requirement for which the State
126		-	22 Board has established goals and learning standards or which is
127		-	23 designed primarily to impart knowledge and skills for students
128		-	24 to master and apply as an outcome of their education.
129		-	25 A charter school shall comply with all non-curricular
130		-	26 health and safety requirements applicable to public schools
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141		-	1 under the laws of the State of Illinois. The State Board shall
142		-	2 promulgate and post on its Internet website a list of
143		-	3 non-curricular health and safety requirements that a charter
144		-	4 school must meet. The list shall be updated annually no later
145		-	5 than September 1. Any charter contract between a charter
146		-	6 school and its authorizer must contain a provision that
147		-	7 requires the charter school to follow the list of all
148		-	8 non-curricular health and safety requirements promulgated by
149		-	9 the State Board and any non-curricular health and safety
150		-	10 requirements added by the State Board to such list during the
151		-	11 term of the charter. Nothing in this subsection (d) precludes
152		-	12 an authorizer from including non-curricular health and safety
153		-	13 requirements in a charter school contract that are not
154		-	14 contained in the list promulgated by the State Board,
155		-	15 including non-curricular health and safety requirements of the
156		-	16 authorizing local school board.
157		-	17 (e) Except as otherwise provided in the School Code, a
158		-	18 charter school shall not charge tuition; provided that a
159		-	19 charter school may charge reasonable fees for textbooks,
160		-	20 instructional materials, and student activities.
161		-	21 (f) A charter school shall be responsible for the
162		-	22 management and operation of its fiscal affairs, including, but
163		-	23 not limited to, the preparation of its budget. An audit of each
164		-	24 charter school's finances shall be conducted annually by an
165		-	25 outside, independent contractor retained by the charter
166		-	26 school. The contractor shall not be an employee of the charter
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177		-	1 school or affiliated with the charter school or its authorizer
178		-	2 in any way, other than to audit the charter school's finances.
179		-	3 To ensure financial accountability for the use of public
180		-	4 funds, on or before December 1 of every year of operation, each
181		-	5 charter school shall submit to its authorizer and the State
182		-	6 Board a copy of its audit and a copy of the Form 990 the
183		-	7 charter school filed that year with the federal Internal
184		-	8 Revenue Service. In addition, if deemed necessary for proper
185		-	9 financial oversight of the charter school, an authorizer may
186		-	10 require quarterly financial statements from each charter
187		-	11 school.
188		-	12 (g) A charter school shall comply with all provisions of
189		-	13 this Article, the Illinois Educational Labor Relations Act,
190		-	14 all federal and State laws and rules applicable to public
191		-	15 schools that pertain to special education and the instruction
192		-	16 of English learners, and its charter. A charter school is
193		-	17 exempt from all other State laws and regulations in this Code
194		-	18 governing public schools and local school board policies;
195		-	19 however, a charter school is not exempt from the following:
196		-	20 (1) Sections 10-21.9 and 34-18.5 of this Code
197		-	21 regarding criminal history records checks and checks of
198		-	22 the Statewide Sex Offender Database and Statewide Murderer
199		-	23 and Violent Offender Against Youth Database of applicants
200		-	24 for employment;
201		-	25 (2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and
202		-	26 34-84a of this Code regarding discipline of students;
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213		-	1 (3) the Local Governmental and Governmental Employees
214		-	2 Tort Immunity Act;
215		-	3 (4) Section 108.75 of the General Not For Profit
216		-	4 Corporation Act of 1986 regarding indemnification of
217		-	5 officers, directors, employees, and agents;
218		-	6 (5) the Abused and Neglected Child Reporting Act;
219		-	7 (5.5) subsection (b) of Section 10-23.12 and
220		-	8 subsection (b) of Section 34-18.6 of this Code;
221		-	9 (6) the Illinois School Student Records Act;
222		-	10 (7) Section 10-17a of this Code regarding school
223		-	11 report cards;
224		-	12 (8) the P-20 Longitudinal Education Data System Act;
225		-	13 (9) Section 27-23.7 of this Code regarding bullying
226		-	14 prevention;
227		-	15 (10) Section 2-3.162 of this Code regarding student
228		-	16 discipline reporting;
229		-	17 (11) Sections 22-80 and 27-8.1 of this Code;
230		-	18 (12) Sections 10-20.60 and 34-18.53 of this Code;
231		-	19 (13) Sections 10-20.63 and 34-18.56 of this Code;
232		-	20 (14) Sections 22-90 and 26-18 of this Code;
233		-	21 (15) Section 22-30 of this Code;
234		-	22 (16) Sections 24-12 and 34-85 of this Code;
235		-	23 (17) the Seizure Smart School Act;
236		-	24 (18) Section 2-3.64a-10 of this Code;
237		-	25 (19) Sections 10-20.73 and 34-21.9 of this Code;
238		-	26 (20) Section 10-22.25b of this Code;
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249		-	1 (21) Section 27-9.1a of this Code;
250		-	2 (22) Section 27-9.1b of this Code;
251		-	3 (23) Section 34-18.8 of this Code;
252		-	4 (25) Section 2-3.188 of this Code;
253		-	5 (26) Section 22-85.5 of this Code;
254		-	6 (27) subsections (d-10), (d-15), and (d-20) of Section
255		-	7 10-20.56 of this Code;
256		-	8 (28) Sections 10-20.83 and 34-18.78 of this Code;
257		-	9 (29) Section 10-20.13 of this Code;
258		-	10 (30) Section 28-19.2 of this Code;
259		-	11 (31) Section 34-21.6 of this Code; and
260		-	12 (32) Section 22-85.10 of this Code; and .
261		-	13 (37) Sections 10-20.87 and 34-18.87 of this Code.
262		-	14 The change made by Public Act 96-104 to this subsection
263		-	15 (g) is declaratory of existing law.
264		-	16 (h) A charter school may negotiate and contract with a
265		-	17 school district, the governing body of a State college or
266		-	18 university or public community college, or any other public or
267		-	19 for-profit or nonprofit private entity for: (i) the use of a
268		-	20 school building and grounds or any other real property or
269		-	21 facilities that the charter school desires to use or convert
270		-	22 for use as a charter school site, (ii) the operation and
271		-	23 maintenance thereof, and (iii) the provision of any service,
272		-	24 activity, or undertaking that the charter school is required
273		-	25 to perform in order to carry out the terms of its charter.
274		-	26 Except as provided in subsection (i) of this Section, a school
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285		-	1 district may charge a charter school reasonable rent for the
286		-	2 use of the district's buildings, grounds, and facilities. Any
287		-	3 services for which a charter school contracts with a school
288		-	4 district shall be provided by the district at cost. Any
289		-	5 services for which a charter school contracts with a local
290		-	6 school board or with the governing body of a State college or
291		-	7 university or public community college shall be provided by
292		-	8 the public entity at cost.
293		-	9 (i) In no event shall a charter school that is established
294		-	10 by converting an existing school or attendance center to
295		-	11 charter school status be required to pay rent for space that is
296		-	12 deemed available, as negotiated and provided in the charter
297		-	13 agreement, in school district facilities. However, all other
298		-	14 costs for the operation and maintenance of school district
299		-	15 facilities that are used by the charter school shall be
300		-	16 subject to negotiation between the charter school and the
301		-	17 local school board and shall be set forth in the charter.
302		-	18 (j) A charter school may limit student enrollment by age
303		-	19 or grade level.
304		-	20 (k) If the charter school is authorized by the State
305		-	21 Board, then the charter school is its own local education
306		-	22 agency.
307		-	23 (Source: P.A. 102-51, eff. 7-9-21; 102-157, eff. 7-1-22;
308		-	24 102-360, eff. 1-1-22; 102-445, eff. 8-20-21; 102-522, eff.
309		-	25 8-20-21; 102-558, eff. 8-20-21; 102-676, eff. 12-3-21;
310		-	26 102-697, eff. 4-5-22; 102-702, eff. 7-1-23; 102-805, eff.
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321		-	1 1-1-23; 102-813, eff. 5-13-22; 103-154, eff. 6-30-23; 103-175,
322		-	2 eff. 6-30-23.)
323		-	3 (Text of Section after amendment by P.A. 103-472 but
324		-	4 before amendment by P.A. 102-466)
325		-	5 Sec. 27A-5. Charter school; legal entity; requirements.
326		-	6 (a) A charter school shall be a public, nonsectarian,
327		-	7 nonreligious, non-home based, and non-profit school. A charter
328		-	8 school shall be organized and operated as a nonprofit
329		-	9 corporation or other discrete, legal, nonprofit entity
330		-	10 authorized under the laws of the State of Illinois.
331		-	11 (b) A charter school may be established under this Article
332		-	12 by creating a new school or by converting an existing public
333		-	13 school or attendance center to charter school status. In all
334		-	14 new applications to establish a charter school in a city
335		-	15 having a population exceeding 500,000, operation of the
336		-	16 charter school shall be limited to one campus. This limitation
337		-	17 does not apply to charter schools existing or approved on or
338		-	18 before April 16, 2003.
339		-	19 (b-5) (Blank).
340		-	20 (c) A charter school shall be administered and governed by
341		-	21 its board of directors or other governing body in the manner
342		-	22 provided in its charter. The governing body of a charter
343		-	23 school shall be subject to the Freedom of Information Act and
344		-	24 the Open Meetings Act. A charter school's board of directors
345		-	25 or other governing body must include at least one parent or
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356		-	1 guardian of a pupil currently enrolled in the charter school
357		-	2 who may be selected through the charter school or a charter
358		-	3 network election, appointment by the charter school's board of
359		-	4 directors or other governing body, or by the charter school's
360		-	5 Parent Teacher Organization or its equivalent.
361		-	6 (c-5) No later than January 1, 2021 or within the first
362		-	7 year of his or her first term, every voting member of a charter
363		-	8 school's board of directors or other governing body shall
364		-	9 complete a minimum of 4 hours of professional development
365		-	10 leadership training to ensure that each member has sufficient
366		-	11 familiarity with the board's or governing body's role and
367		-	12 responsibilities, including financial oversight and
368		-	13 accountability of the school, evaluating the principal's and
369		-	14 school's performance, adherence to the Freedom of Information
370		-	15 Act and the Open Meetings Act, and compliance with education
371		-	16 and labor law. In each subsequent year of his or her term, a
372		-	17 voting member of a charter school's board of directors or
373		-	18 other governing body shall complete a minimum of 2 hours of
374		-	19 professional development training in these same areas. The
375		-	20 training under this subsection may be provided or certified by
376		-	21 a statewide charter school membership association or may be
377		-	22 provided or certified by other qualified providers approved by
378		-	23 the State Board.
379		-	24 (d) For purposes of this subsection (d), "non-curricular
380		-	25 health and safety requirement" means any health and safety
381		-	26 requirement created by statute or rule to provide, maintain,
382		-
383		-
384		-
385		-
386		-
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388		-
389		-
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391		-	HB4586 Engrossed - 12 - LRB103 35815 RJT 65900 b
392		-	1 preserve, or safeguard safe or healthful conditions for
393		-	2 students and school personnel or to eliminate, reduce, or
394		-	3 prevent threats to the health and safety of students and
395		-	4 school personnel. "Non-curricular health and safety
396		-	5 requirement" does not include any course of study or
397		-	6 specialized instructional requirement for which the State
398		-	7 Board has established goals and learning standards or which is
399		-	8 designed primarily to impart knowledge and skills for students
400		-	9 to master and apply as an outcome of their education.
401		-	10 A charter school shall comply with all non-curricular
402		-	11 health and safety requirements applicable to public schools
403		-	12 under the laws of the State of Illinois. The State Board shall
404		-	13 promulgate and post on its Internet website a list of
405		-	14 non-curricular health and safety requirements that a charter
406		-	15 school must meet. The list shall be updated annually no later
407		-	16 than September 1. Any charter contract between a charter
408		-	17 school and its authorizer must contain a provision that
409		-	18 requires the charter school to follow the list of all
410		-	19 non-curricular health and safety requirements promulgated by
411		-	20 the State Board and any non-curricular health and safety
412		-	21 requirements added by the State Board to such list during the
413		-	22 term of the charter. Nothing in this subsection (d) precludes
414		-	23 an authorizer from including non-curricular health and safety
415		-	24 requirements in a charter school contract that are not
416		-	25 contained in the list promulgated by the State Board,
417		-	26 including non-curricular health and safety requirements of the
418		-
419		-
420		-
421		-
422		-
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424		-
425		-
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427		-	HB4586 Engrossed - 13 - LRB103 35815 RJT 65900 b
428		-	1 authorizing local school board.
429		-	2 (e) Except as otherwise provided in the School Code, a
430		-	3 charter school shall not charge tuition; provided that a
431		-	4 charter school may charge reasonable fees for textbooks,
432		-	5 instructional materials, and student activities.
433		-	6 (f) A charter school shall be responsible for the
434		-	7 management and operation of its fiscal affairs, including, but
435		-	8 not limited to, the preparation of its budget. An audit of each
436		-	9 charter school's finances shall be conducted annually by an
437		-	10 outside, independent contractor retained by the charter
438		-	11 school. The contractor shall not be an employee of the charter
439		-	12 school or affiliated with the charter school or its authorizer
440		-	13 in any way, other than to audit the charter school's finances.
441		-	14 To ensure financial accountability for the use of public
442		-	15 funds, on or before December 1 of every year of operation, each
443		-	16 charter school shall submit to its authorizer and the State
444		-	17 Board a copy of its audit and a copy of the Form 990 the
445		-	18 charter school filed that year with the federal Internal
446		-	19 Revenue Service. In addition, if deemed necessary for proper
447		-	20 financial oversight of the charter school, an authorizer may
448		-	21 require quarterly financial statements from each charter
449		-	22 school.
450		-	23 (g) A charter school shall comply with all provisions of
451		-	24 this Article, the Illinois Educational Labor Relations Act,
452		-	25 all federal and State laws and rules applicable to public
453		-	26 schools that pertain to special education and the instruction
454		-
455		-
456		-
457		-
458		-
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460		-
461		-
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463		-	HB4586 Engrossed - 14 - LRB103 35815 RJT 65900 b
464		-	1 of English learners, and its charter. A charter school is
465		-	2 exempt from all other State laws and regulations in this Code
466		-	3 governing public schools and local school board policies;
467		-	4 however, a charter school is not exempt from the following:
468		-	5 (1) Sections 10-21.9 and 34-18.5 of this Code
469		-	6 regarding criminal history records checks and checks of
470		-	7 the Statewide Sex Offender Database and Statewide Murderer
471		-	8 and Violent Offender Against Youth Database of applicants
472		-	9 for employment;
473		-	10 (2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and
474		-	11 34-84a of this Code regarding discipline of students;
475		-	12 (3) the Local Governmental and Governmental Employees
476		-	13 Tort Immunity Act;
477		-	14 (4) Section 108.75 of the General Not For Profit
478		-	15 Corporation Act of 1986 regarding indemnification of
479		-	16 officers, directors, employees, and agents;
480		-	17 (5) the Abused and Neglected Child Reporting Act;
481		-	18 (5.5) subsection (b) of Section 10-23.12 and
482		-	19 subsection (b) of Section 34-18.6 of this Code;
483		-	20 (6) the Illinois School Student Records Act;
484		-	21 (7) Section 10-17a of this Code regarding school
485		-	22 report cards;
486		-	23 (8) the P-20 Longitudinal Education Data System Act;
487		-	24 (9) Section 27-23.7 of this Code regarding bullying
488		-	25 prevention;
489		-	26 (10) Section 2-3.162 of this Code regarding student
490		-
491		-
492		-
493		-
494		-
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496		-
497		-
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499		-	HB4586 Engrossed - 15 - LRB103 35815 RJT 65900 b
500		-	1 discipline reporting;
501		-	2 (11) Sections 22-80 and 27-8.1 of this Code;
502		-	3 (12) Sections 10-20.60 and 34-18.53 of this Code;
503		-	4 (13) Sections 10-20.63 and 34-18.56 of this Code;
504		-	5 (14) Sections 22-90 and 26-18 of this Code;
505		-	6 (15) Section 22-30 of this Code;
506		-	7 (16) Sections 24-12 and 34-85 of this Code;
507		-	8 (17) the Seizure Smart School Act;
508		-	9 (18) Section 2-3.64a-10 of this Code;
509		-	10 (19) Sections 10-20.73 and 34-21.9 of this Code;
510		-	11 (20) Section 10-22.25b of this Code;
511		-	12 (21) Section 27-9.1a of this Code;
512		-	13 (22) Section 27-9.1b of this Code;
513		-	14 (23) Section 34-18.8 of this Code;
514		-	15 (25) Section 2-3.188 of this Code;
515		-	16 (26) Section 22-85.5 of this Code;
516		-	17 (27) subsections (d-10), (d-15), and (d-20) of Section
517		-	18 10-20.56 of this Code;
518		-	19 (28) Sections 10-20.83 and 34-18.78 of this Code;
519		-	20 (29) Section 10-20.13 of this Code;
520		-	21 (30) Section 28-19.2 of this Code;
521		-	22 (31) Section 34-21.6 of this Code; and
522		-	23 (32) Section 22-85.10 of this Code;
523		-	24 (33) Section 2-3.196 of this Code;
524		-	25 (34) Section 22-95 of this Code;
525		-	26 (35) Section 34-18.62 of this Code; and
526		-
527		-
528		-
529		-
530		-
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532		-
533		-
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535		-	HB4586 Engrossed - 16 - LRB103 35815 RJT 65900 b
536		-	1 (36) the Illinois Human Rights Act; and .
537		-	2 (37) Sections 10-20.87 and 34-18.87 of this Code.
538		-	3 The change made by Public Act 96-104 to this subsection
539		-	4 (g) is declaratory of existing law.
540		-	5 (h) A charter school may negotiate and contract with a
541		-	6 school district, the governing body of a State college or
542		-	7 university or public community college, or any other public or
543		-	8 for-profit or nonprofit private entity for: (i) the use of a
544		-	9 school building and grounds or any other real property or
545		-	10 facilities that the charter school desires to use or convert
546		-	11 for use as a charter school site, (ii) the operation and
547		-	12 maintenance thereof, and (iii) the provision of any service,
548		-	13 activity, or undertaking that the charter school is required
549		-	14 to perform in order to carry out the terms of its charter.
550		-	15 Except as provided in subsection (i) of this Section, a school
551		-	16 district may charge a charter school reasonable rent for the
552		-	17 use of the district's buildings, grounds, and facilities. Any
553		-	18 services for which a charter school contracts with a school
554		-	19 district shall be provided by the district at cost. Any
555		-	20 services for which a charter school contracts with a local
556		-	21 school board or with the governing body of a State college or
557		-	22 university or public community college shall be provided by
558		-	23 the public entity at cost.
559		-	24 (i) In no event shall a charter school that is established
560		-	25 by converting an existing school or attendance center to
561		-	26 charter school status be required to pay rent for space that is
562		-
563		-
564		-
565		-
566		-
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568		-
569		-
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571		-	HB4586 Engrossed - 17 - LRB103 35815 RJT 65900 b
572		-	1 deemed available, as negotiated and provided in the charter
573		-	2 agreement, in school district facilities. However, all other
574		-	3 costs for the operation and maintenance of school district
575		-	4 facilities that are used by the charter school shall be
576		-	5 subject to negotiation between the charter school and the
577		-	6 local school board and shall be set forth in the charter.
578		-	7 (j) A charter school may limit student enrollment by age
579		-	8 or grade level.
580		-	9 (k) If the charter school is authorized by the State
581		-	10 Board, then the charter school is its own local education
582		-	11 agency.
583		-	12 (Source: P.A. 102-51, eff. 7-9-21; 102-157, eff. 7-1-22;
584		-	13 102-360, eff. 1-1-22; 102-445, eff. 8-20-21; 102-522, eff.
585		-	14 8-20-21; 102-558, eff. 8-20-21; 102-676, eff. 12-3-21;
586		-	15 102-697, eff. 4-5-22; 102-702, eff. 7-1-23; 102-805, eff.
587		-	16 1-1-23; 102-813, eff. 5-13-22; 103-154, eff. 6-30-23; 103-175,
588		-	17 eff. 6-30-23; 103-472, eff. 8-1-24; revised 8-31-23.)
589		-	18 (Text of Section after amendment by P.A. 102-466)
590		-	19 Sec. 27A-5. Charter school; legal entity; requirements.
591		-	20 (a) A charter school shall be a public, nonsectarian,
592		-	21 nonreligious, non-home based, and non-profit school. A charter
593		-	22 school shall be organized and operated as a nonprofit
594		-	23 corporation or other discrete, legal, nonprofit entity
595		-	24 authorized under the laws of the State of Illinois.
596		-	25 (b) A charter school may be established under this Article
597		-
598		-
599		-
600		-
601		-
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603		-
604		-
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606		-	HB4586 Engrossed - 18 - LRB103 35815 RJT 65900 b
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	80	+	HB4586 - 2 - LRB103 35815 RJT 65900 b
607	81		1 by creating a new school or by converting an existing public
608	82		2 school or attendance center to charter school status. In all
609	83		3 new applications to establish a charter school in a city
610	84		4 having a population exceeding 500,000, operation of the
611	85		5 charter school shall be limited to one campus. This limitation
612	86		6 does not apply to charter schools existing or approved on or
613	87		7 before April 16, 2003.
614	88		8 (b-5) (Blank).
615	89		9 (c) A charter school shall be administered and governed by
616	90		10 its board of directors or other governing body in the manner
617	91		11 provided in its charter. The governing body of a charter
618	92		12 school shall be subject to the Freedom of Information Act and
619	93		13 the Open Meetings Act. A charter school's board of directors
620	94		14 or other governing body must include at least one parent or
621	95		15 guardian of a pupil currently enrolled in the charter school
622	96		16 who may be selected through the charter school or a charter
623	97		17 network election, appointment by the charter school's board of
624	98		18 directors or other governing body, or by the charter school's
625	99		19 Parent Teacher Organization or its equivalent.
626	100		20 (c-5) No later than January 1, 2021 or within the first
627	101		21 year of his or her first term, every voting member of a charter
628	102		22 school's board of directors or other governing body shall
629	103		23 complete a minimum of 4 hours of professional development
630	104		24 leadership training to ensure that each member has sufficient
631	105		25 familiarity with the board's or governing body's role and
632	106		26 responsibilities, including financial oversight and
633	107
634	108
635	109
636	110
637	111
638		-	HB4586 ~~Engrossed - 18~~ - LRB103 35815 RJT 65900 b
	112	+	HB4586 - 2 - LRB103 35815 RJT 65900 b
639	113
640	114
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642		-	HB4586 ~~Engrossed - 19~~ - LRB103 35815 RJT 65900 b
	115	+	HB4586- 3 -LRB103 35815 RJT 65900 b HB4586 - 3 - LRB103 35815 RJT 65900 b
	116	+	HB4586 - 3 - LRB103 35815 RJT 65900 b
643	117		1 accountability of the school, evaluating the principal's and
644	118		2 school's performance, adherence to the Freedom of Information
645	119		3 Act and the Open Meetings Act, and compliance with education
646	120		4 and labor law. In each subsequent year of his or her term, a
647	121		5 voting member of a charter school's board of directors or
648	122		6 other governing body shall complete a minimum of 2 hours of
649	123		7 professional development training in these same areas. The
650	124		8 training under this subsection may be provided or certified by
651	125		9 a statewide charter school membership association or may be
652	126		10 provided or certified by other qualified providers approved by
653	127		11 the State Board.
654	128		12 (d) For purposes of this subsection (d), "non-curricular
655	129		13 health and safety requirement" means any health and safety
656	130		14 requirement created by statute or rule to provide, maintain,
657	131		15 preserve, or safeguard safe or healthful conditions for
658	132		16 students and school personnel or to eliminate, reduce, or
659	133		17 prevent threats to the health and safety of students and
660	134		18 school personnel. "Non-curricular health and safety
661	135		19 requirement" does not include any course of study or
662	136		20 specialized instructional requirement for which the State
663	137		21 Board has established goals and learning standards or which is
664	138		22 designed primarily to impart knowledge and skills for students
665	139		23 to master and apply as an outcome of their education.
666	140		24 A charter school shall comply with all non-curricular
667	141		25 health and safety requirements applicable to public schools
668	142		26 under the laws of the State of Illinois. The State Board shall
669	143
670	144
671	145
672	146
673	147
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	148	+	HB4586 - 3 - LRB103 35815 RJT 65900 b
675	149
676	150
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678		-	HB4586 ~~Engrossed - 20~~ - LRB103 35815 RJT 65900 b
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	152	+	HB4586 - 4 - LRB103 35815 RJT 65900 b
679	153		1 promulgate and post on its Internet website a list of
680	154		2 non-curricular health and safety requirements that a charter
681	155		3 school must meet. The list shall be updated annually no later
682	156		4 than September 1. Any charter contract between a charter
683	157		5 school and its authorizer must contain a provision that
684	158		6 requires the charter school to follow the list of all
685	159		7 non-curricular health and safety requirements promulgated by
686	160		8 the State Board and any non-curricular health and safety
687	161		9 requirements added by the State Board to such list during the
688	162		10 term of the charter. Nothing in this subsection (d) precludes
689	163		11 an authorizer from including non-curricular health and safety
690	164		12 requirements in a charter school contract that are not
691	165		13 contained in the list promulgated by the State Board,
692	166		14 including non-curricular health and safety requirements of the
693	167		15 authorizing local school board.
694	168		16 (e) Except as otherwise provided in the School Code, a
695	169		17 charter school shall not charge tuition; provided that a
696	170		18 charter school may charge reasonable fees for textbooks,
697	171		19 instructional materials, and student activities.
698	172		20 (f) A charter school shall be responsible for the
699	173		21 management and operation of its fiscal affairs, including, but
700	174		22 not limited to, the preparation of its budget. An audit of each
701	175		23 charter school's finances shall be conducted annually by an
702	176		24 outside, independent contractor retained by the charter
703	177		25 school. The contractor shall not be an employee of the charter
704	178		26 school or affiliated with the charter school or its authorizer
705	179
706	180
707	181
708	182
709	183
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711	185
712	186
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714		-	HB4586 ~~Engrossed - 21~~ - LRB103 35815 RJT 65900 b
	187	+	HB4586- 5 -LRB103 35815 RJT 65900 b HB4586 - 5 - LRB103 35815 RJT 65900 b
	188	+	HB4586 - 5 - LRB103 35815 RJT 65900 b
715	189		1 in any way, other than to audit the charter school's finances.
716	190		2 To ensure financial accountability for the use of public
717	191		3 funds, on or before December 1 of every year of operation, each
718	192		4 charter school shall submit to its authorizer and the State
719	193		5 Board a copy of its audit and a copy of the Form 990 the
720	194		6 charter school filed that year with the federal Internal
721	195		7 Revenue Service. In addition, if deemed necessary for proper
722	196		8 financial oversight of the charter school, an authorizer may
723	197		9 require quarterly financial statements from each charter
724	198		10 school.
725	199		11 (g) A charter school shall comply with all provisions of
726	200		12 this Article, the Illinois Educational Labor Relations Act,
727	201		13 all federal and State laws and rules applicable to public
728	202		14 schools that pertain to special education and the instruction
729	203		15 of English learners, and its charter. A charter school is
730	204		16 exempt from all other State laws and regulations in this Code
731	205		17 governing public schools and local school board policies;
732	206		18 however, a charter school is not exempt from the following:
733	207		19 (1) Sections 10-21.9 and 34-18.5 of this Code
734	208		20 regarding criminal history records checks and checks of
735	209		21 the Statewide Sex Offender Database and Statewide Murderer
736	210		22 and Violent Offender Against Youth Database of applicants
737	211		23 for employment;
738	212		24 (2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and
739	213		25 34-84a of this Code regarding discipline of students;
740	214		26 (3) the Local Governmental and Governmental Employees
741	215
742	216
743	217
744	218
745	219
746		-	HB4586 ~~Engrossed - 21~~ - LRB103 35815 RJT 65900 b
	220	+	HB4586 - 5 - LRB103 35815 RJT 65900 b
747	221
748	222
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750		-	HB4586 ~~Engrossed - 22~~ - LRB103 35815 RJT 65900 b
	223	+	HB4586- 6 -LRB103 35815 RJT 65900 b HB4586 - 6 - LRB103 35815 RJT 65900 b
	224	+	HB4586 - 6 - LRB103 35815 RJT 65900 b
751	225		1 Tort Immunity Act;
752	226		2 (4) Section 108.75 of the General Not For Profit
753	227		3 Corporation Act of 1986 regarding indemnification of
754	228		4 officers, directors, employees, and agents;
755	229		5 (5) the Abused and Neglected Child Reporting Act;
756	230		6 (5.5) subsection (b) of Section 10-23.12 and
757	231		7 subsection (b) of Section 34-18.6 of this Code;
758	232		8 (6) the Illinois School Student Records Act;
759	233		9 (7) Section 10-17a of this Code regarding school
760	234		10 report cards;
761	235		11 (8) the P-20 Longitudinal Education Data System Act;
762	236		12 (9) Section 27-23.7 of this Code regarding bullying
763	237		13 prevention;
764	238		14 (10) Section 2-3.162 of this Code regarding student
765	239		15 discipline reporting;
766	240		16 (11) Sections 22-80 and 27-8.1 of this Code;
767	241		17 (12) Sections 10-20.60 and 34-18.53 of this Code;
768	242		18 (13) Sections 10-20.63 and 34-18.56 of this Code;
769	243		19 (14) Sections 22-90 and 26-18 of this Code;
770	244		20 (15) Section 22-30 of this Code;
771	245		21 (16) Sections 24-12 and 34-85 of this Code;
772	246		22 (17) the Seizure Smart School Act;
773	247		23 (18) Section 2-3.64a-10 of this Code;
774	248		24 (19) Sections 10-20.73 and 34-21.9 of this Code;
775	249		25 (20) Section 10-22.25b of this Code;
776	250		26 (21) Section 27-9.1a of this Code;
777	251
778	252
779	253
780	254
781	255
782		-	HB4586 ~~Engrossed - 22~~ - LRB103 35815 RJT 65900 b
	256	+	HB4586 - 6 - LRB103 35815 RJT 65900 b
783	257
784	258
785		-	HB4586 ~~Engrossed- 23~~ -LRB103 35815 RJT 65900 b HB4586 ~~Engrossed - 23~~ - LRB103 35815 RJT 65900 b
786		-	HB4586 ~~Engrossed - 23~~ - LRB103 35815 RJT 65900 b
	259	+	HB4586- 7 -LRB103 35815 RJT 65900 b HB4586 - 7 - LRB103 35815 RJT 65900 b
	260	+	HB4586 - 7 - LRB103 35815 RJT 65900 b
787	261		1 (22) Section 27-9.1b of this Code;
788	262		2 (23) Section 34-18.8 of this Code;
789		-	3 (24) ~~Article 26A~~ of this Code;
790		-	4 (25) Section ~~2-3~~.~~188~~ of this Code;
791		-	5 (26) ~~Section 22-85.5~~ of ~~this Code;~~
792		-	6 ~~(27) subsections (d-~~10~~), (d-15), and (d~~-20) of ~~Section~~
793		-	7 10-20.56 of this Code;
794		-	8 (28) ~~Sections~~ 10-20.~~83 and 34-18.78~~ of this Code;
795		-	9 (29) Section ~~10-20~~.13 of this Code;
796		-	10 (30) Section ~~28-19~~.2 of this Code;
797		-	11 (31) Section ~~34-21~~.6 of this Code; and
798		-	12 (32) ~~Section 22-~~85~~.10~~ of this Code;
799		-	13 ~~(33) Section 2-3.196 of~~ this ~~Code;~~
800		-	14 (34) ~~Section 22-95~~ of ~~this Code;~~
801		-	15 (35) ~~Section 34-18.62 of this Code;~~ and
802		-	16 ~~(36)~~ the ~~Illinois Human Rights Act;~~ ~~and .~~
803		-	17 ~~(37) Sections 10-20.87 and 34-18.87 of this Code.~~
804		-	18 The ~~change made by Public Act 96-104 to this subsection~~
805		-	19 ~~(g) is declaratory of existing law.~~
806		-	20 ~~(h) A~~ charter school ~~may negotiate and contract with a~~
807		-	21 school ~~district~~, the ~~governing body of a State college or~~
808		-	22 ~~university or public community college~~, or any ~~other public or~~
809		-	23 ~~for-profit~~ or ~~nonprofit private entity for: (i)~~ the ~~use of a~~
810		-	24 ~~school building and grounds or any other real property or~~
811		-	25 ~~facilities that the charter~~ school ~~desires to use or convert~~
812		-	26 ~~for use as~~ a charter school ~~site, (ii)~~ the ~~operation and~~
	263	+	3 (25) Section 2-3.188 of this Code;
	264	+	4 (26) Section 22-85.5 of this Code;
	265	+	5 (27) subsections (d-10), (d-15), and (d-20) of Section
	266	+	6 10-20.56 of this Code;
	267	+	7 (28) Sections 10-20.83 and 34-18.78 of this Code;
	268	+	8 (29) Section 10-20.13 of this Code;
	269	+	9 (30) Section 28-19.2 of this Code;
	270	+	10 (31) Section 34-21.6 of this Code; and
	271	+	11 (32) Section 22-85.10 of this Code; and .
	272	+	12 (37) Sections 10-20.87 and 34-18.85 of this Code.
	273	+	13 The change made by Public Act 96-104 to this subsection
	274	+	14 (g) is declaratory of existing law.
	275	+	15 (h) A charter school may negotiate and contract with a
	276	+	16 school district, the governing body of a State college or
	277	+	17 university or public community college, or any other public or
	278	+	18 for-profit or nonprofit private entity for: (i) the use of a
	279	+	19 school building and grounds or any other real property or
	280	+	20 facilities that the charter school desires to use or convert
	281	+	21 for use as a charter school site, (ii) the operation and
	282	+	22 maintenance thereof, and (iii) the provision of any service,
	283	+	23 activity, or undertaking that the charter school is required
	284	+	24 to perform in order to carry out the terms of its charter.
	285	+	25 Except as provided in subsection (i) of this Section, a school
	286	+	26 district may charge a charter school reasonable rent for the
813	287
814	288
815	289
816	290
817	291
818		-	HB4586 ~~Engrossed - 23~~ - LRB103 35815 RJT 65900 b
	292	+	HB4586 - 7 - LRB103 35815 RJT 65900 b
819	293
820	294
821		-	HB4586 ~~Engrossed- 24~~ -LRB103 35815 RJT 65900 b HB4586 ~~Engrossed - 24~~ - LRB103 35815 RJT 65900 b
822		-	HB4586 ~~Engrossed - 24~~ - LRB103 35815 RJT 65900 b
823		-	1 ~~maintenance thereof~~, and ~~(iii) the provision of~~ any ~~service,~~
824		-	2 ~~activity, or undertaking that the~~ charter school ~~is required~~
825		-	3 ~~to perform in order to carry out~~ the ~~terms of its charter.~~
826		-	4 ~~Except as provided in subsection (i) of this Section,~~ a school
827		-	5 ~~district may charge~~ a ~~charter school reasonable rent for the~~
828		-	6 ~~use of the district's buildings,~~ ~~grounds, and facilities.~~ ~~Any~~
829		-	7 ~~services for which a charter school contracts with a school~~
830		-	8 ~~district~~ shall ~~be provided by the district at cost. Any~~
831		-	9 ~~services for which a charter~~ school ~~contracts with a local~~
832		-	10 school ~~board or with the governing body of a State college or~~
833		-	11 ~~university or public community college shall be~~ provided by
834		-	12 ~~the public entity at cost~~.
835		-	13 ~~(i) In no event shall a charter~~ school ~~that is established~~
836		-	14 by ~~converting an existing~~ school ~~or attendance center to~~
837		-	15 charter school ~~status be required to pay rent for space that is~~
838		-	16 ~~deemed available,~~ ~~as negotiated~~ and ~~provided~~ in the charter
839		-	17 ~~agreement, in~~ school ~~district facilities.~~ ~~However, all other~~
840		-	18 ~~costs for the operation and maintenance of school district~~
841		-	19 ~~facilities that are used by~~ the charter school ~~shall be~~
842		-	20 ~~subject to negotiation between~~ the charter school ~~and the~~
843		-	21 ~~local school board and shall be set forth in the charter~~.
844		-	22 (j) A ~~charter school may limit student enrollment by age~~
845		-	23 ~~or grade level~~.
846		-	24 ~~(k) If the charter school is authorized by the State~~
847		-	25 ~~Board~~, ~~then the charter school is its own local education~~
848		-	26 ~~agency~~.
	295	+	HB4586- 8 -LRB103 35815 RJT 65900 b HB4586 - 8 - LRB103 35815 RJT 65900 b
	296	+	HB4586 - 8 - LRB103 35815 RJT 65900 b
	297	+	1 use of the district's buildings, grounds, and facilities. Any
	298	+	2 services for which a charter school contracts with a school
	299	+	3 district shall be provided by the district at cost. Any
	300	+	4 services for which a charter school contracts with a local
	301	+	5 school board or with the governing body of a State college or
	302	+	6 university or public community college shall be provided by
	303	+	7 the public entity at cost.
	304	+	8 (i) In no event shall a charter school that is established
	305	+	9 by converting an existing school or attendance center to
	306	+	10 charter school status be required to pay rent for space that is
	307	+	11 deemed available, as negotiated and provided in the charter
	308	+	12 agreement, in school district facilities. However, all other
	309	+	13 costs for the operation and maintenance of school district
	310	+	14 facilities that are used by the charter school shall be
	311	+	15 subject to negotiation between the charter school and the
	312	+	16 local school board and shall be set forth in the charter.
	313	+	17 (j) A charter school may limit student enrollment by age
	314	+	18 or grade level.
	315	+	19 (k) If the charter school is authorized by the State
	316	+	20 Board, then the charter school is its own local education
	317	+	21 agency.
	318	+	22 (Source: P.A. 102-51, eff. 7-9-21; 102-157, eff. 7-1-22;
	319	+	23 102-360, eff. 1-1-22; 102-445, eff. 8-20-21; 102-522, eff.
	320	+	24 8-20-21; 102-558, eff. 8-20-21; 102-676, eff. 12-3-21;
	321	+	25 102-697, eff. 4-5-22; 102-702, eff. 7-1-23; 102-805, eff.
	322	+	26 1-1-23; 102-813, eff. 5-13-22; 103-154, eff. 6-30-23; 103-175,
849	323
850	324
851	325
852	326
853	327
854		-	HB4586 ~~Engrossed - 24~~ - LRB103 35815 RJT 65900 b
	328	+	HB4586 - 8 - LRB103 35815 RJT 65900 b
855	329
856	330
857		-	HB4586 ~~Engrossed- 25~~ -LRB103 35815 RJT 65900 b HB4586 ~~Engrossed - 25~~ - LRB103 35815 RJT 65900 b
858		-	HB4586 ~~Engrossed - 25~~ - LRB103 35815 RJT 65900 b
859		-	1 ~~(Source: P.A. 102-51,~~ eff. ~~7-9-21; 102-157, eff~~. ~~7-1-22;~~
860		-	2 ~~102-360, eff~~. ~~1-1-22; 102-445, eff. 8-20-21; 102-466, eff.~~
861		-	3 ~~7-1-25;~~ 102-~~522, eff. 8-20-21; 102-558, eff. 8-20-21; 102-676,~~
862		-	4 ~~eff~~. ~~12-3-21~~; ~~102-697, eff. 4-5-22~~; ~~102-702, eff~~. ~~7-1-23;~~
863		-	5 ~~102-805~~, ~~eff. 1-1-23; 102-813~~, ~~eff. 5-13-22; 103-154, eff.~~
864		-	6 ~~6-30-23; 103-175~~, ~~eff~~. ~~6-30-23; 103-472, eff. 8-1-24; revised~~
865		-	7 ~~8-31-23.)~~
866		-	8 ~~(105 ILCS 5/34-18.87 new)~~
867		-	9 ~~Sec~~. ~~34-18.87. Mental health services notification.~~
868		-	10 (a) ~~Beginning with the 2025-2026~~ school ~~year, the school~~
869		-	11 ~~district shall:~~
870		-	12 ~~(1) notify the parents~~ or ~~guardians of each student~~
871		-	13 ~~enrolled~~ in ~~the school district about any mental health~~
872		-	14 ~~services available in~~ the ~~school in which the student is~~
873		-	15 ~~enrolled, in the~~ school ~~district, or in the community~~
874		-	16 ~~where the school is located;~~ ~~and~~
875		-	17 ~~(2) notify each student enrolled in the school~~
876		-	18 ~~district who is 12 years of age or older of the following~~
877		-	19 ~~information in an age~~ and ~~developmentally appropriate~~
878		-	20 manner:
879		-	21 ~~(A) mental health services available~~ in the ~~school~~
880		-	22 ~~in which~~ the ~~student is enrolled,~~ ~~in the school~~
881		-	23 ~~district, or in~~ the ~~community where the~~ school is
882		-	24 ~~located; and~~
883		-	25 ~~(B)~~ the ~~student's right to request to receive~~
	331	+	HB4586- 9 -LRB103 35815 RJT 65900 b HB4586 - 9 - LRB103 35815 RJT 65900 b
	332	+	HB4586 - 9 - LRB103 35815 RJT 65900 b
	333	+	1 eff. 6-30-23.)
	334	+	2 (Text of Section after amendment by P.A. 103-472 but
	335	+	3 before amendment by P.A. 102-466)
	336	+	4 Sec. 27A-5. Charter school; legal entity; requirements.
	337	+	5 (a) A charter school shall be a public, nonsectarian,
	338	+	6 nonreligious, non-home based, and non-profit school. A charter
	339	+	7 school shall be organized and operated as a nonprofit
	340	+	8 corporation or other discrete, legal, nonprofit entity
	341	+	9 authorized under the laws of the State of Illinois.
	342	+	10 (b) A charter school may be established under this Article
	343	+	11 by creating a new school or by converting an existing public
	344	+	12 school or attendance center to charter school status. In all
	345	+	13 new applications to establish a charter school in a city
	346	+	14 having a population exceeding 500,000, operation of the
	347	+	15 charter school shall be limited to one campus. This limitation
	348	+	16 does not apply to charter schools existing or approved on or
	349	+	17 before April 16, 2003.
	350	+	18 (b-5) (Blank).
	351	+	19 (c) A charter school shall be administered and governed by
	352	+	20 its board of directors or other governing body in the manner
	353	+	21 provided in its charter. The governing body of a charter
	354	+	22 school shall be subject to the Freedom of Information Act and
	355	+	23 the Open Meetings Act. A charter school's board of directors
	356	+	24 or other governing body must include at least one parent or
	357	+	25 guardian of a pupil currently enrolled in the charter school
884	358
885	359
886	360
887	361
888	362
889		-	HB4586 ~~Engrossed - 25~~ - LRB103 35815 RJT 65900 b
	363	+	HB4586 - 9 - LRB103 35815 RJT 65900 b
890	364
891	365
892		-	HB4586 Engrossed- 26 -LRB103 35815 RJT 65900 b HB4586 Engrossed - 26 - LRB103 35815 RJT 65900 b
893		-	HB4586 Engrossed - 26 - LRB103 35815 RJT 65900 b
894		-	1 counseling services or psychotherapy on an outpatient
895		-	2 basis under Section 3-550 of the Mental Health and
896		-	3 Developmental Disabilities Code.
897		-	4 (b) The school district shall provide the notifications
898		-	5 required under subsection (a) at the time of enrollment for
899		-	6 students enrolling in the school district for the first time,
900		-	7 prior to November 1 of each school year, and after January 1
901		-	8 but prior to March 1 of each school year. The school district
902		-	9 shall consider the languages most commonly spoken in the
903		-	10 communities where the school district's schools are located
904		-	11 when sending notifications to parents or guardians. The school
905		-	12 district may refer parents or guardians to the Care Portal
906		-	13 established and maintained by the Department of Human Services
907		-	14 under Section 11.4 of the Mental Health and Developmental
908		-	15 Disabilities Administrative Act.
	366	+	HB4586- 10 -LRB103 35815 RJT 65900 b HB4586 - 10 - LRB103 35815 RJT 65900 b
	367	+	HB4586 - 10 - LRB103 35815 RJT 65900 b
	368	+	1 who may be selected through the charter school or a charter
	369	+	2 network election, appointment by the charter school's board of
	370	+	3 directors or other governing body, or by the charter school's
	371	+	4 Parent Teacher Organization or its equivalent.
	372	+	5 (c-5) No later than January 1, 2021 or within the first
	373	+	6 year of his or her first term, every voting member of a charter
	374	+	7 school's board of directors or other governing body shall
	375	+	8 complete a minimum of 4 hours of professional development
	376	+	9 leadership training to ensure that each member has sufficient
	377	+	10 familiarity with the board's or governing body's role and
	378	+	11 responsibilities, including financial oversight and
	379	+	12 accountability of the school, evaluating the principal's and
	380	+	13 school's performance, adherence to the Freedom of Information
	381	+	14 Act and the Open Meetings Act, and compliance with education
	382	+	15 and labor law. In each subsequent year of his or her term, a
	383	+	16 voting member of a charter school's board of directors or
	384	+	17 other governing body shall complete a minimum of 2 hours of
	385	+	18 professional development training in these same areas. The
	386	+	19 training under this subsection may be provided or certified by
	387	+	20 a statewide charter school membership association or may be
	388	+	21 provided or certified by other qualified providers approved by
	389	+	22 the State Board.
	390	+	23 (d) For purposes of this subsection (d), "non-curricular
	391	+	24 health and safety requirement" means any health and safety
	392	+	25 requirement created by statute or rule to provide, maintain,
	393	+	26 preserve, or safeguard safe or healthful conditions for
909	394
910	395
911	396
912	397
913	398
914		-	HB4586 Engrossed - 26 - LRB103 35815 RJT 65900 b
	399	+	HB4586 - 10 - LRB103 35815 RJT 65900 b
	400	+
	401	+
	402	+	HB4586- 11 -LRB103 35815 RJT 65900 b HB4586 - 11 - LRB103 35815 RJT 65900 b
	403	+	HB4586 - 11 - LRB103 35815 RJT 65900 b
	404	+	1 students and school personnel or to eliminate, reduce, or
	405	+	2 prevent threats to the health and safety of students and
	406	+	3 school personnel. "Non-curricular health and safety
	407	+	4 requirement" does not include any course of study or
	408	+	5 specialized instructional requirement for which the State
	409	+	6 Board has established goals and learning standards or which is
	410	+	7 designed primarily to impart knowledge and skills for students
	411	+	8 to master and apply as an outcome of their education.
	412	+	9 A charter school shall comply with all non-curricular
	413	+	10 health and safety requirements applicable to public schools
	414	+	11 under the laws of the State of Illinois. The State Board shall
	415	+	12 promulgate and post on its Internet website a list of
	416	+	13 non-curricular health and safety requirements that a charter
	417	+	14 school must meet. The list shall be updated annually no later
	418	+	15 than September 1. Any charter contract between a charter
	419	+	16 school and its authorizer must contain a provision that
	420	+	17 requires the charter school to follow the list of all
	421	+	18 non-curricular health and safety requirements promulgated by
	422	+	19 the State Board and any non-curricular health and safety
	423	+	20 requirements added by the State Board to such list during the
	424	+	21 term of the charter. Nothing in this subsection (d) precludes
	425	+	22 an authorizer from including non-curricular health and safety
	426	+	23 requirements in a charter school contract that are not
	427	+	24 contained in the list promulgated by the State Board,
	428	+	25 including non-curricular health and safety requirements of the
	429	+	26 authorizing local school board.
	430	+
	431	+
	432	+
	433	+
	434	+
	435	+	HB4586 - 11 - LRB103 35815 RJT 65900 b
	436	+
	437	+
	438	+	HB4586- 12 -LRB103 35815 RJT 65900 b HB4586 - 12 - LRB103 35815 RJT 65900 b
	439	+	HB4586 - 12 - LRB103 35815 RJT 65900 b
	440	+	1 (e) Except as otherwise provided in the School Code, a
	441	+	2 charter school shall not charge tuition; provided that a
	442	+	3 charter school may charge reasonable fees for textbooks,
	443	+	4 instructional materials, and student activities.
	444	+	5 (f) A charter school shall be responsible for the
	445	+	6 management and operation of its fiscal affairs, including, but
	446	+	7 not limited to, the preparation of its budget. An audit of each
	447	+	8 charter school's finances shall be conducted annually by an
	448	+	9 outside, independent contractor retained by the charter
	449	+	10 school. The contractor shall not be an employee of the charter
	450	+	11 school or affiliated with the charter school or its authorizer
	451	+	12 in any way, other than to audit the charter school's finances.
	452	+	13 To ensure financial accountability for the use of public
	453	+	14 funds, on or before December 1 of every year of operation, each
	454	+	15 charter school shall submit to its authorizer and the State
	455	+	16 Board a copy of its audit and a copy of the Form 990 the
	456	+	17 charter school filed that year with the federal Internal
	457	+	18 Revenue Service. In addition, if deemed necessary for proper
	458	+	19 financial oversight of the charter school, an authorizer may
	459	+	20 require quarterly financial statements from each charter
	460	+	21 school.
	461	+	22 (g) A charter school shall comply with all provisions of
	462	+	23 this Article, the Illinois Educational Labor Relations Act,
	463	+	24 all federal and State laws and rules applicable to public
	464	+	25 schools that pertain to special education and the instruction
	465	+	26 of English learners, and its charter. A charter school is
	466	+
	467	+
	468	+
	469	+
	470	+
	471	+	HB4586 - 12 - LRB103 35815 RJT 65900 b
	472	+
	473	+
	474	+	HB4586- 13 -LRB103 35815 RJT 65900 b HB4586 - 13 - LRB103 35815 RJT 65900 b
	475	+	HB4586 - 13 - LRB103 35815 RJT 65900 b
	476	+	1 exempt from all other State laws and regulations in this Code
	477	+	2 governing public schools and local school board policies;
	478	+	3 however, a charter school is not exempt from the following:
	479	+	4 (1) Sections 10-21.9 and 34-18.5 of this Code
	480	+	5 regarding criminal history records checks and checks of
	481	+	6 the Statewide Sex Offender Database and Statewide Murderer
	482	+	7 and Violent Offender Against Youth Database of applicants
	483	+	8 for employment;
	484	+	9 (2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and
	485	+	10 34-84a of this Code regarding discipline of students;
	486	+	11 (3) the Local Governmental and Governmental Employees
	487	+	12 Tort Immunity Act;
	488	+	13 (4) Section 108.75 of the General Not For Profit
	489	+	14 Corporation Act of 1986 regarding indemnification of
	490	+	15 officers, directors, employees, and agents;
	491	+	16 (5) the Abused and Neglected Child Reporting Act;
	492	+	17 (5.5) subsection (b) of Section 10-23.12 and
	493	+	18 subsection (b) of Section 34-18.6 of this Code;
	494	+	19 (6) the Illinois School Student Records Act;
	495	+	20 (7) Section 10-17a of this Code regarding school
	496	+	21 report cards;
	497	+	22 (8) the P-20 Longitudinal Education Data System Act;
	498	+	23 (9) Section 27-23.7 of this Code regarding bullying
	499	+	24 prevention;
	500	+	25 (10) Section 2-3.162 of this Code regarding student
	501	+	26 discipline reporting;
	502	+
	503	+
	504	+
	505	+
	506	+
	507	+	HB4586 - 13 - LRB103 35815 RJT 65900 b
	508	+
	509	+
	510	+	HB4586- 14 -LRB103 35815 RJT 65900 b HB4586 - 14 - LRB103 35815 RJT 65900 b
	511	+	HB4586 - 14 - LRB103 35815 RJT 65900 b
	512	+	1 (11) Sections 22-80 and 27-8.1 of this Code;
	513	+	2 (12) Sections 10-20.60 and 34-18.53 of this Code;
	514	+	3 (13) Sections 10-20.63 and 34-18.56 of this Code;
	515	+	4 (14) Sections 22-90 and 26-18 of this Code;
	516	+	5 (15) Section 22-30 of this Code;
	517	+	6 (16) Sections 24-12 and 34-85 of this Code;
	518	+	7 (17) the Seizure Smart School Act;
	519	+	8 (18) Section 2-3.64a-10 of this Code;
	520	+	9 (19) Sections 10-20.73 and 34-21.9 of this Code;
	521	+	10 (20) Section 10-22.25b of this Code;
	522	+	11 (21) Section 27-9.1a of this Code;
	523	+	12 (22) Section 27-9.1b of this Code;
	524	+	13 (23) Section 34-18.8 of this Code;
	525	+	14 (25) Section 2-3.188 of this Code;
	526	+	15 (26) Section 22-85.5 of this Code;
	527	+	16 (27) subsections (d-10), (d-15), and (d-20) of Section
	528	+	17 10-20.56 of this Code;
	529	+	18 (28) Sections 10-20.83 and 34-18.78 of this Code;
	530	+	19 (29) Section 10-20.13 of this Code;
	531	+	20 (30) Section 28-19.2 of this Code;
	532	+	21 (31) Section 34-21.6 of this Code; and
	533	+	22 (32) Section 22-85.10 of this Code;
	534	+	23 (33) Section 2-3.196 of this Code;
	535	+	24 (34) Section 22-95 of this Code;
	536	+	25 (35) Section 34-18.62 of this Code; and
	537	+	26 (36) the Illinois Human Rights Act; and .
	538	+
	539	+
	540	+
	541	+
	542	+
	543	+	HB4586 - 14 - LRB103 35815 RJT 65900 b
	544	+
	545	+
	546	+	HB4586- 15 -LRB103 35815 RJT 65900 b HB4586 - 15 - LRB103 35815 RJT 65900 b
	547	+	HB4586 - 15 - LRB103 35815 RJT 65900 b
	548	+	1 (37) Sections 10-20.87 and 34-18.85 of this Code.
	549	+	2 The change made by Public Act 96-104 to this subsection
	550	+	3 (g) is declaratory of existing law.
	551	+	4 (h) A charter school may negotiate and contract with a
	552	+	5 school district, the governing body of a State college or
	553	+	6 university or public community college, or any other public or
	554	+	7 for-profit or nonprofit private entity for: (i) the use of a
	555	+	8 school building and grounds or any other real property or
	556	+	9 facilities that the charter school desires to use or convert
	557	+	10 for use as a charter school site, (ii) the operation and
	558	+	11 maintenance thereof, and (iii) the provision of any service,
	559	+	12 activity, or undertaking that the charter school is required
	560	+	13 to perform in order to carry out the terms of its charter.
	561	+	14 Except as provided in subsection (i) of this Section, a school
	562	+	15 district may charge a charter school reasonable rent for the
	563	+	16 use of the district's buildings, grounds, and facilities. Any
	564	+	17 services for which a charter school contracts with a school
	565	+	18 district shall be provided by the district at cost. Any
	566	+	19 services for which a charter school contracts with a local
	567	+	20 school board or with the governing body of a State college or
	568	+	21 university or public community college shall be provided by
	569	+	22 the public entity at cost.
	570	+	23 (i) In no event shall a charter school that is established
	571	+	24 by converting an existing school or attendance center to
	572	+	25 charter school status be required to pay rent for space that is
	573	+	26 deemed available, as negotiated and provided in the charter
	574	+
	575	+
	576	+
	577	+
	578	+
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	580	+
	581	+
	582	+	HB4586- 16 -LRB103 35815 RJT 65900 b HB4586 - 16 - LRB103 35815 RJT 65900 b
	583	+	HB4586 - 16 - LRB103 35815 RJT 65900 b
	584	+	1 agreement, in school district facilities. However, all other
	585	+	2 costs for the operation and maintenance of school district
	586	+	3 facilities that are used by the charter school shall be
	587	+	4 subject to negotiation between the charter school and the
	588	+	5 local school board and shall be set forth in the charter.
	589	+	6 (j) A charter school may limit student enrollment by age
	590	+	7 or grade level.
	591	+	8 (k) If the charter school is authorized by the State
	592	+	9 Board, then the charter school is its own local education
	593	+	10 agency.
	594	+	11 (Source: P.A. 102-51, eff. 7-9-21; 102-157, eff. 7-1-22;
	595	+	12 102-360, eff. 1-1-22; 102-445, eff. 8-20-21; 102-522, eff.
	596	+	13 8-20-21; 102-558, eff. 8-20-21; 102-676, eff. 12-3-21;
	597	+	14 102-697, eff. 4-5-22; 102-702, eff. 7-1-23; 102-805, eff.
	598	+	15 1-1-23; 102-813, eff. 5-13-22; 103-154, eff. 6-30-23; 103-175,
	599	+	16 eff. 6-30-23; 103-472, eff. 8-1-24; revised 8-31-23.)
	600	+	17 (Text of Section after amendment by P.A. 102-466)
	601	+	18 Sec. 27A-5. Charter school; legal entity; requirements.
	602	+	19 (a) A charter school shall be a public, nonsectarian,
	603	+	20 nonreligious, non-home based, and non-profit school. A charter
	604	+	21 school shall be organized and operated as a nonprofit
	605	+	22 corporation or other discrete, legal, nonprofit entity
	606	+	23 authorized under the laws of the State of Illinois.
	607	+	24 (b) A charter school may be established under this Article
	608	+	25 by creating a new school or by converting an existing public
	609	+
	610	+
	611	+
	612	+
	613	+
	614	+	HB4586 - 16 - LRB103 35815 RJT 65900 b
	615	+
	616	+
	617	+	HB4586- 17 -LRB103 35815 RJT 65900 b HB4586 - 17 - LRB103 35815 RJT 65900 b
	618	+	HB4586 - 17 - LRB103 35815 RJT 65900 b
	619	+	1 school or attendance center to charter school status. In all
	620	+	2 new applications to establish a charter school in a city
	621	+	3 having a population exceeding 500,000, operation of the
	622	+	4 charter school shall be limited to one campus. This limitation
	623	+	5 does not apply to charter schools existing or approved on or
	624	+	6 before April 16, 2003.
	625	+	7 (b-5) (Blank).
	626	+	8 (c) A charter school shall be administered and governed by
	627	+	9 its board of directors or other governing body in the manner
	628	+	10 provided in its charter. The governing body of a charter
	629	+	11 school shall be subject to the Freedom of Information Act and
	630	+	12 the Open Meetings Act. A charter school's board of directors
	631	+	13 or other governing body must include at least one parent or
	632	+	14 guardian of a pupil currently enrolled in the charter school
	633	+	15 who may be selected through the charter school or a charter
	634	+	16 network election, appointment by the charter school's board of
	635	+	17 directors or other governing body, or by the charter school's
	636	+	18 Parent Teacher Organization or its equivalent.
	637	+	19 (c-5) No later than January 1, 2021 or within the first
	638	+	20 year of his or her first term, every voting member of a charter
	639	+	21 school's board of directors or other governing body shall
	640	+	22 complete a minimum of 4 hours of professional development
	641	+	23 leadership training to ensure that each member has sufficient
	642	+	24 familiarity with the board's or governing body's role and
	643	+	25 responsibilities, including financial oversight and
	644	+	26 accountability of the school, evaluating the principal's and
	645	+
	646	+
	647	+
	648	+
	649	+
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	651	+
	652	+
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	654	+	HB4586 - 18 - LRB103 35815 RJT 65900 b
	655	+	1 school's performance, adherence to the Freedom of Information
	656	+	2 Act and the Open Meetings Act, and compliance with education
	657	+	3 and labor law. In each subsequent year of his or her term, a
	658	+	4 voting member of a charter school's board of directors or
	659	+	5 other governing body shall complete a minimum of 2 hours of
	660	+	6 professional development training in these same areas. The
	661	+	7 training under this subsection may be provided or certified by
	662	+	8 a statewide charter school membership association or may be
	663	+	9 provided or certified by other qualified providers approved by
	664	+	10 the State Board.
	665	+	11 (d) For purposes of this subsection (d), "non-curricular
	666	+	12 health and safety requirement" means any health and safety
	667	+	13 requirement created by statute or rule to provide, maintain,
	668	+	14 preserve, or safeguard safe or healthful conditions for
	669	+	15 students and school personnel or to eliminate, reduce, or
	670	+	16 prevent threats to the health and safety of students and
	671	+	17 school personnel. "Non-curricular health and safety
	672	+	18 requirement" does not include any course of study or
	673	+	19 specialized instructional requirement for which the State
	674	+	20 Board has established goals and learning standards or which is
	675	+	21 designed primarily to impart knowledge and skills for students
	676	+	22 to master and apply as an outcome of their education.
	677	+	23 A charter school shall comply with all non-curricular
	678	+	24 health and safety requirements applicable to public schools
	679	+	25 under the laws of the State of Illinois. The State Board shall
	680	+	26 promulgate and post on its Internet website a list of
	681	+
	682	+
	683	+
	684	+
	685	+
	686	+	HB4586 - 18 - LRB103 35815 RJT 65900 b
	687	+
	688	+
	689	+	HB4586- 19 -LRB103 35815 RJT 65900 b HB4586 - 19 - LRB103 35815 RJT 65900 b
	690	+	HB4586 - 19 - LRB103 35815 RJT 65900 b
	691	+	1 non-curricular health and safety requirements that a charter
	692	+	2 school must meet. The list shall be updated annually no later
	693	+	3 than September 1. Any charter contract between a charter
	694	+	4 school and its authorizer must contain a provision that
	695	+	5 requires the charter school to follow the list of all
	696	+	6 non-curricular health and safety requirements promulgated by
	697	+	7 the State Board and any non-curricular health and safety
	698	+	8 requirements added by the State Board to such list during the
	699	+	9 term of the charter. Nothing in this subsection (d) precludes
	700	+	10 an authorizer from including non-curricular health and safety
	701	+	11 requirements in a charter school contract that are not
	702	+	12 contained in the list promulgated by the State Board,
	703	+	13 including non-curricular health and safety requirements of the
	704	+	14 authorizing local school board.
	705	+	15 (e) Except as otherwise provided in the School Code, a
	706	+	16 charter school shall not charge tuition; provided that a
	707	+	17 charter school may charge reasonable fees for textbooks,
	708	+	18 instructional materials, and student activities.
	709	+	19 (f) A charter school shall be responsible for the
	710	+	20 management and operation of its fiscal affairs, including, but
	711	+	21 not limited to, the preparation of its budget. An audit of each
	712	+	22 charter school's finances shall be conducted annually by an
	713	+	23 outside, independent contractor retained by the charter
	714	+	24 school. The contractor shall not be an employee of the charter
	715	+	25 school or affiliated with the charter school or its authorizer
	716	+	26 in any way, other than to audit the charter school's finances.
	717	+
	718	+
	719	+
	720	+
	721	+
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	723	+
	724	+
	725	+	HB4586- 20 -LRB103 35815 RJT 65900 b HB4586 - 20 - LRB103 35815 RJT 65900 b
	726	+	HB4586 - 20 - LRB103 35815 RJT 65900 b
	727	+	1 To ensure financial accountability for the use of public
	728	+	2 funds, on or before December 1 of every year of operation, each
	729	+	3 charter school shall submit to its authorizer and the State
	730	+	4 Board a copy of its audit and a copy of the Form 990 the
	731	+	5 charter school filed that year with the federal Internal
	732	+	6 Revenue Service. In addition, if deemed necessary for proper
	733	+	7 financial oversight of the charter school, an authorizer may
	734	+	8 require quarterly financial statements from each charter
	735	+	9 school.
	736	+	10 (g) A charter school shall comply with all provisions of
	737	+	11 this Article, the Illinois Educational Labor Relations Act,
	738	+	12 all federal and State laws and rules applicable to public
	739	+	13 schools that pertain to special education and the instruction
	740	+	14 of English learners, and its charter. A charter school is
	741	+	15 exempt from all other State laws and regulations in this Code
	742	+	16 governing public schools and local school board policies;
	743	+	17 however, a charter school is not exempt from the following:
	744	+	18 (1) Sections 10-21.9 and 34-18.5 of this Code
	745	+	19 regarding criminal history records checks and checks of
	746	+	20 the Statewide Sex Offender Database and Statewide Murderer
	747	+	21 and Violent Offender Against Youth Database of applicants
	748	+	22 for employment;
	749	+	23 (2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and
	750	+	24 34-84a of this Code regarding discipline of students;
	751	+	25 (3) the Local Governmental and Governmental Employees
	752	+	26 Tort Immunity Act;
	753	+
	754	+
	755	+
	756	+
	757	+
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	759	+
	760	+
	761	+	HB4586- 21 -LRB103 35815 RJT 65900 b HB4586 - 21 - LRB103 35815 RJT 65900 b
	762	+	HB4586 - 21 - LRB103 35815 RJT 65900 b
	763	+	1 (4) Section 108.75 of the General Not For Profit
	764	+	2 Corporation Act of 1986 regarding indemnification of
	765	+	3 officers, directors, employees, and agents;
	766	+	4 (5) the Abused and Neglected Child Reporting Act;
	767	+	5 (5.5) subsection (b) of Section 10-23.12 and
	768	+	6 subsection (b) of Section 34-18.6 of this Code;
	769	+	7 (6) the Illinois School Student Records Act;
	770	+	8 (7) Section 10-17a of this Code regarding school
	771	+	9 report cards;
	772	+	10 (8) the P-20 Longitudinal Education Data System Act;
	773	+	11 (9) Section 27-23.7 of this Code regarding bullying
	774	+	12 prevention;
	775	+	13 (10) Section 2-3.162 of this Code regarding student
	776	+	14 discipline reporting;
	777	+	15 (11) Sections 22-80 and 27-8.1 of this Code;
	778	+	16 (12) Sections 10-20.60 and 34-18.53 of this Code;
	779	+	17 (13) Sections 10-20.63 and 34-18.56 of this Code;
	780	+	18 (14) Sections 22-90 and 26-18 of this Code;
	781	+	19 (15) Section 22-30 of this Code;
	782	+	20 (16) Sections 24-12 and 34-85 of this Code;
	783	+	21 (17) the Seizure Smart School Act;
	784	+	22 (18) Section 2-3.64a-10 of this Code;
	785	+	23 (19) Sections 10-20.73 and 34-21.9 of this Code;
	786	+	24 (20) Section 10-22.25b of this Code;
	787	+	25 (21) Section 27-9.1a of this Code;
	788	+	26 (22) Section 27-9.1b of this Code;
	789	+
	790	+
	791	+
	792	+
	793	+
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	795	+
	796	+
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	798	+	HB4586 - 22 - LRB103 35815 RJT 65900 b
	799	+	1 (23) Section 34-18.8 of this Code;
	800	+	2 (24) Article 26A of this Code;
	801	+	3 (25) Section 2-3.188 of this Code;
	802	+	4 (26) Section 22-85.5 of this Code;
	803	+	5 (27) subsections (d-10), (d-15), and (d-20) of Section
	804	+	6 10-20.56 of this Code;
	805	+	7 (28) Sections 10-20.83 and 34-18.78 of this Code;
	806	+	8 (29) Section 10-20.13 of this Code;
	807	+	9 (30) Section 28-19.2 of this Code;
	808	+	10 (31) Section 34-21.6 of this Code; and
	809	+	11 (32) Section 22-85.10 of this Code;
	810	+	12 (33) Section 2-3.196 of this Code;
	811	+	13 (34) Section 22-95 of this Code;
	812	+	14 (35) Section 34-18.62 of this Code; and
	813	+	15 (36) the Illinois Human Rights Act; and .
	814	+	16 (37) Sections 10-20.87 and 34-18.85 of this Code.
	815	+	17 The change made by Public Act 96-104 to this subsection
	816	+	18 (g) is declaratory of existing law.
	817	+	19 (h) A charter school may negotiate and contract with a
	818	+	20 school district, the governing body of a State college or
	819	+	21 university or public community college, or any other public or
	820	+	22 for-profit or nonprofit private entity for: (i) the use of a
	821	+	23 school building and grounds or any other real property or
	822	+	24 facilities that the charter school desires to use or convert
	823	+	25 for use as a charter school site, (ii) the operation and
	824	+	26 maintenance thereof, and (iii) the provision of any service,
	825	+
	826	+
	827	+
	828	+
	829	+
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	831	+
	832	+
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	835	+	1 activity, or undertaking that the charter school is required
	836	+	2 to perform in order to carry out the terms of its charter.
	837	+	3 Except as provided in subsection (i) of this Section, a school
	838	+	4 district may charge a charter school reasonable rent for the
	839	+	5 use of the district's buildings, grounds, and facilities. Any
	840	+	6 services for which a charter school contracts with a school
	841	+	7 district shall be provided by the district at cost. Any
	842	+	8 services for which a charter school contracts with a local
	843	+	9 school board or with the governing body of a State college or
	844	+	10 university or public community college shall be provided by
	845	+	11 the public entity at cost.
	846	+	12 (i) In no event shall a charter school that is established
	847	+	13 by converting an existing school or attendance center to
	848	+	14 charter school status be required to pay rent for space that is
	849	+	15 deemed available, as negotiated and provided in the charter
	850	+	16 agreement, in school district facilities. However, all other
	851	+	17 costs for the operation and maintenance of school district
	852	+	18 facilities that are used by the charter school shall be
	853	+	19 subject to negotiation between the charter school and the
	854	+	20 local school board and shall be set forth in the charter.
	855	+	21 (j) A charter school may limit student enrollment by age
	856	+	22 or grade level.
	857	+	23 (k) If the charter school is authorized by the State
	858	+	24 Board, then the charter school is its own local education
	859	+	25 agency.
	860	+	26 (Source: P.A. 102-51, eff. 7-9-21; 102-157, eff. 7-1-22;
	861	+
	862	+
	863	+
	864	+
	865	+
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	867	+
	868	+
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	870	+	HB4586 - 24 - LRB103 35815 RJT 65900 b
	871	+	1 102-360, eff. 1-1-22; 102-445, eff. 8-20-21; 102-466, eff.
	872	+	2 7-1-25; 102-522, eff. 8-20-21; 102-558, eff. 8-20-21; 102-676,
	873	+	3 eff. 12-3-21; 102-697, eff. 4-5-22; 102-702, eff. 7-1-23;
	874	+	4 102-805, eff. 1-1-23; 102-813, eff. 5-13-22; 103-154, eff.
	875	+	5 6-30-23; 103-175, eff. 6-30-23; 103-472, eff. 8-1-24; revised
	876	+	6 8-31-23.)
	877	+	7 (105 ILCS 5/34-18.85 new)
	878	+	8 Sec. 34-18.85. Mental health services notification. The
	879	+	9 board shall require each school to notify students and the
	880	+	10 students' parents or guardians twice each year on how to
	881	+	11 access any mental health services offered in the school or in
	882	+	12 the community where the school is located.
	883	+
	884	+
	885	+
	886	+
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