Bill Amendment: IL HB4175 | 2023-2024 | 103rd General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: SCH CD-NONPUBLIC DISCIPLINE
Status: 2024-05-25 - Added as Alternate Co-Sponsor Sen. Emil Jones, III [HB4175 Detail]
Download: Illinois-2023-HB4175-House_Amendment_001.html
Bill Title: SCH CD-NONPUBLIC DISCIPLINE
Status: 2024-05-25 - Added as Alternate Co-Sponsor Sen. Emil Jones, III [HB4175 Detail]
Download: Illinois-2023-HB4175-House_Amendment_001.html
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1 | AMENDMENT TO HOUSE BILL 4175 | ||||||
2 | AMENDMENT NO. ______. Amend House Bill 4175 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The School Code is amended by changing | ||||||
5 | Sections 24-24, 27A-5, and 34-84a and by adding Section 22-100 | ||||||
6 | as follows:
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7 | (105 ILCS 5/22-100 new) | ||||||
8 | Sec. 22-100. Prohibition on physical discipline in | ||||||
9 | schools. | ||||||
10 | (a) In this Section: | ||||||
11 | "Corporal punishment" means a discipline method in which a | ||||||
12 | person deliberately inflicts pain upon a student in response | ||||||
13 | to the student's unacceptable behavior or inappropriate | ||||||
14 | language, with an aim to halt an offense, prevent its | ||||||
15 | recurrence, or set an example for others. "Corporal | ||||||
16 | punishment" does not include the use of physical restraint |
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1 | under Sections 10-20.33 and 34-18.20. | ||||||
2 | "School personnel" means any person who is employed by, | ||||||
3 | who is on contract with, or who volunteers in a school | ||||||
4 | district, charter school, or nonpublic elementary or secondary | ||||||
5 | school, including, but not limited to, school and school | ||||||
6 | district administrators, teachers, school social workers, | ||||||
7 | school counselors, school psychologists, school nurses, | ||||||
8 | paraprofessionals, speech-language pathologists, cafeteria | ||||||
9 | workers, custodians, bus drivers, school resource officers, or | ||||||
10 | security guards. | ||||||
11 | (b) School personnel of any school district, charter | ||||||
12 | school, or nonpublic elementary or secondary school may not | ||||||
13 | engage in corporal punishment of a student, inflict corporal | ||||||
14 | punishment upon a student, or cause corporal punishment to be | ||||||
15 | inflicted upon a student.
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16 | (105 ILCS 5/24-24) (from Ch. 122, par. 24-24) | ||||||
17 | Sec. 24-24. Maintenance of discipline. Subject to the | ||||||
18 | limitations of all policies established or adopted under | ||||||
19 | Section 14-8.05, teachers, other licensed certificated | ||||||
20 | educational employees, and any other person, whether or not a | ||||||
21 | licensed certificated employee, providing a related service | ||||||
22 | for or with respect to a student shall maintain discipline in | ||||||
23 | the schools, including school grounds which are owned or | ||||||
24 | leased by the board and used for school purposes and | ||||||
25 | activities. In all matters relating to the discipline in and |
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1 | conduct of the schools and the school children, they stand in | ||||||
2 | the relation of parents and guardians to the pupils. This | ||||||
3 | relationship shall extend to all activities connected with the | ||||||
4 | school program, including all athletic and extracurricular | ||||||
5 | programs, and may be exercised at any time for the safety and | ||||||
6 | supervision of the pupils in the absence of their parents or | ||||||
7 | guardians. | ||||||
8 | Nothing in this Section affects the power of the board to | ||||||
9 | establish rules with respect to discipline; except that each | ||||||
10 | board shall establish a policy on discipline, and the policy | ||||||
11 | so established shall provide, subject to the limitations of | ||||||
12 | all policies established or adopted under Section 14-8.05, | ||||||
13 | that a teacher, any other licensed certificated employee, and | ||||||
14 | any other person, whether or not a licensed certificated | ||||||
15 | employee, providing a related service for or with respect to a | ||||||
16 | student may only use reasonable force as permitted under | ||||||
17 | Sections 10-20.33 and 34-18.20 needed to maintain safety for | ||||||
18 | the other students, school personnel or persons or for the | ||||||
19 | purpose of self defense or the defense of property , shall | ||||||
20 | provide that a teacher may remove a student from the classroom | ||||||
21 | for disruptive behavior, and shall include provisions which | ||||||
22 | provide due process to students. The policy shall prohibit the | ||||||
23 | use of corporal punishment, as defined in Section 22-100, in | ||||||
24 | all circumstances not include slapping, paddling or prolonged | ||||||
25 | maintenance of students in physically painful positions nor | ||||||
26 | shall it include the intentional infliction of bodily harm . |
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1 | The board may make and enforce reasonable rules of conduct | ||||||
2 | and sportsmanship for athletic and extracurricular school | ||||||
3 | events. Any person who violates such rules may be denied | ||||||
4 | admission to school events for not more than one year, | ||||||
5 | provided that written 10 days notice of the violation is given | ||||||
6 | such person and a hearing had thereon by the board pursuant to | ||||||
7 | its rules and regulations. The administration of any school | ||||||
8 | may sign complaints as agents of the school against persons | ||||||
9 | committing any offense at school events. | ||||||
10 | (Source: P.A. 88-346; 88-670, eff. 12-2-94; 89-184, eff. | ||||||
11 | 7-19-95.)
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12 | (105 ILCS 5/27A-5) | ||||||
13 | (Text of Section before amendment by P.A. 102-466 and | ||||||
14 | 103-472 ) | ||||||
15 | Sec. 27A-5. Charter school; legal entity; requirements. | ||||||
16 | (a) A charter school shall be a public, nonsectarian, | ||||||
17 | nonreligious, non-home based, and non-profit school. A charter | ||||||
18 | school shall be organized and operated as a nonprofit | ||||||
19 | corporation or other discrete, legal, nonprofit entity | ||||||
20 | authorized under the laws of the State of Illinois. | ||||||
21 | (b) A charter school may be established under this Article | ||||||
22 | by creating a new school or by converting an existing public | ||||||
23 | school or attendance center to charter school status. In all | ||||||
24 | new applications to establish a charter school in a city | ||||||
25 | having a population exceeding 500,000, operation of the |
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1 | charter school shall be limited to one campus. This limitation | ||||||
2 | does not apply to charter schools existing or approved on or | ||||||
3 | before April 16, 2003. | ||||||
4 | (b-5) (Blank). | ||||||
5 | (c) A charter school shall be administered and governed by | ||||||
6 | its board of directors or other governing body in the manner | ||||||
7 | provided in its charter. The governing body of a charter | ||||||
8 | school shall be subject to the Freedom of Information Act and | ||||||
9 | the Open Meetings Act. A charter school's board of directors | ||||||
10 | or other governing body must include at least one parent or | ||||||
11 | guardian of a pupil currently enrolled in the charter school | ||||||
12 | who may be selected through the charter school or a charter | ||||||
13 | network election, appointment by the charter school's board of | ||||||
14 | directors or other governing body, or by the charter school's | ||||||
15 | Parent Teacher Organization or its equivalent. | ||||||
16 | (c-5) No later than January 1, 2021 or within the first | ||||||
17 | year of his or her first term, every voting member of a charter | ||||||
18 | school's board of directors or other governing body shall | ||||||
19 | complete a minimum of 4 hours of professional development | ||||||
20 | leadership training to ensure that each member has sufficient | ||||||
21 | familiarity with the board's or governing body's role and | ||||||
22 | responsibilities, including financial oversight and | ||||||
23 | accountability of the school, evaluating the principal's and | ||||||
24 | school's performance, adherence to the Freedom of Information | ||||||
25 | Act and the Open Meetings Act, and compliance with education | ||||||
26 | and labor law. In each subsequent year of his or her term, a |
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1 | voting member of a charter school's board of directors or | ||||||
2 | other governing body shall complete a minimum of 2 hours of | ||||||
3 | professional development training in these same areas. The | ||||||
4 | training under this subsection may be provided or certified by | ||||||
5 | a statewide charter school membership association or may be | ||||||
6 | provided or certified by other qualified providers approved by | ||||||
7 | the State Board. | ||||||
8 | (d) For purposes of this subsection (d), "non-curricular | ||||||
9 | health and safety requirement" means any health and safety | ||||||
10 | requirement created by statute or rule to provide, maintain, | ||||||
11 | preserve, or safeguard safe or healthful conditions for | ||||||
12 | students and school personnel or to eliminate, reduce, or | ||||||
13 | prevent threats to the health and safety of students and | ||||||
14 | school personnel. "Non-curricular health and safety | ||||||
15 | requirement" does not include any course of study or | ||||||
16 | specialized instructional requirement for which the State | ||||||
17 | Board has established goals and learning standards or which is | ||||||
18 | designed primarily to impart knowledge and skills for students | ||||||
19 | to master and apply as an outcome of their education. | ||||||
20 | A charter school shall comply with all non-curricular | ||||||
21 | health and safety requirements applicable to public schools | ||||||
22 | under the laws of the State of Illinois. The State Board shall | ||||||
23 | promulgate and post on its Internet website a list of | ||||||
24 | non-curricular health and safety requirements that a charter | ||||||
25 | school must meet. The list shall be updated annually no later | ||||||
26 | than September 1. Any charter contract between a charter |
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1 | school and its authorizer must contain a provision that | ||||||
2 | requires the charter school to follow the list of all | ||||||
3 | non-curricular health and safety requirements promulgated by | ||||||
4 | the State Board and any non-curricular health and safety | ||||||
5 | requirements added by the State Board to such list during the | ||||||
6 | term of the charter. Nothing in this subsection (d) precludes | ||||||
7 | an authorizer from including non-curricular health and safety | ||||||
8 | requirements in a charter school contract that are not | ||||||
9 | contained in the list promulgated by the State Board, | ||||||
10 | including non-curricular health and safety requirements of the | ||||||
11 | authorizing local school board. | ||||||
12 | (e) Except as otherwise provided in the School Code, a | ||||||
13 | charter school shall not charge tuition; provided that a | ||||||
14 | charter school may charge reasonable fees for textbooks, | ||||||
15 | instructional materials, and student activities. | ||||||
16 | (f) A charter school shall be responsible for the | ||||||
17 | management and operation of its fiscal affairs, including, but | ||||||
18 | not limited to, the preparation of its budget. An audit of each | ||||||
19 | charter school's finances shall be conducted annually by an | ||||||
20 | outside, independent contractor retained by the charter | ||||||
21 | school. The contractor shall not be an employee of the charter | ||||||
22 | school or affiliated with the charter school or its authorizer | ||||||
23 | in any way, other than to audit the charter school's finances. | ||||||
24 | To ensure financial accountability for the use of public | ||||||
25 | funds, on or before December 1 of every year of operation, each | ||||||
26 | charter school shall submit to its authorizer and the State |
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1 | Board a copy of its audit and a copy of the Form 990 the | ||||||
2 | charter school filed that year with the federal Internal | ||||||
3 | Revenue Service. In addition, if deemed necessary for proper | ||||||
4 | financial oversight of the charter school, an authorizer may | ||||||
5 | require quarterly financial statements from each charter | ||||||
6 | school. | ||||||
7 | (g) A charter school shall comply with all provisions of | ||||||
8 | this Article, the Illinois Educational Labor Relations Act, | ||||||
9 | all federal and State laws and rules applicable to public | ||||||
10 | schools that pertain to special education and the instruction | ||||||
11 | of English learners, and its charter. A charter school is | ||||||
12 | exempt from all other State laws and regulations in this Code | ||||||
13 | governing public schools and local school board policies; | ||||||
14 | however, a charter school is not exempt from the following: | ||||||
15 | (1) Sections 10-21.9 and 34-18.5 of this Code | ||||||
16 | regarding criminal history records checks and checks of | ||||||
17 | the Statewide Sex Offender Database and Statewide Murderer | ||||||
18 | and Violent Offender Against Youth Database of applicants | ||||||
19 | for employment; | ||||||
20 | (2) Sections 10-20.14, 10-22.6, 22-100, 24-24, 34-19, | ||||||
21 | and 34-84a of this Code regarding discipline of students; | ||||||
22 | (3) the Local Governmental and Governmental Employees | ||||||
23 | Tort Immunity Act; | ||||||
24 | (4) Section 108.75 of the General Not For Profit | ||||||
25 | Corporation Act of 1986 regarding indemnification of | ||||||
26 | officers, directors, employees, and agents; |
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1 | (5) the Abused and Neglected Child Reporting Act; | ||||||
2 | (5.5) subsection (b) of Section 10-23.12 and | ||||||
3 | subsection (b) of Section 34-18.6 of this Code; | ||||||
4 | (6) the Illinois School Student Records Act; | ||||||
5 | (7) Section 10-17a of this Code regarding school | ||||||
6 | report cards; | ||||||
7 | (8) the P-20 Longitudinal Education Data System Act; | ||||||
8 | (9) Section 27-23.7 of this Code regarding bullying | ||||||
9 | prevention; | ||||||
10 | (10) Section 2-3.162 of this Code regarding student | ||||||
11 | discipline reporting; | ||||||
12 | (11) Sections 22-80 and 27-8.1 of this Code; | ||||||
13 | (12) Sections 10-20.60 and 34-18.53 of this Code; | ||||||
14 | (13) Sections 10-20.63 and 34-18.56 of this Code; | ||||||
15 | (14) Sections 22-90 and 26-18 of this Code; | ||||||
16 | (15) Section 22-30 of this Code; | ||||||
17 | (16) Sections 24-12 and 34-85 of this Code; | ||||||
18 | (17) the Seizure Smart School Act; | ||||||
19 | (18) Section 2-3.64a-10 of this Code; | ||||||
20 | (19) Sections 10-20.73 and 34-21.9 of this Code; | ||||||
21 | (20) Section 10-22.25b of this Code; | ||||||
22 | (21) Section 27-9.1a of this Code; | ||||||
23 | (22) Section 27-9.1b of this Code; | ||||||
24 | (23) Section 34-18.8 of this Code; | ||||||
25 | (25) Section 2-3.188 of this Code; | ||||||
26 | (26) Section 22-85.5 of this Code; |
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1 | (27) subsections (d-10), (d-15), and (d-20) of Section | ||||||
2 | 10-20.56 of this Code; | ||||||
3 | (28) Sections 10-20.83 and 34-18.78 of this Code; | ||||||
4 | (29) Section 10-20.13 of this Code; | ||||||
5 | (30) Section 28-19.2 of this Code; | ||||||
6 | (31) Section 34-21.6 of this Code; and | ||||||
7 | (32) Section 22-85.10 of this Code. | ||||||
8 | The change made by Public Act 96-104 to this subsection | ||||||
9 | (g) is declaratory of existing law. | ||||||
10 | (h) A charter school may negotiate and contract with a | ||||||
11 | school district, the governing body of a State college or | ||||||
12 | university or public community college, or any other public or | ||||||
13 | for-profit or nonprofit private entity for: (i) the use of a | ||||||
14 | school building and grounds or any other real property or | ||||||
15 | facilities that the charter school desires to use or convert | ||||||
16 | for use as a charter school site, (ii) the operation and | ||||||
17 | maintenance thereof, and (iii) the provision of any service, | ||||||
18 | activity, or undertaking that the charter school is required | ||||||
19 | to perform in order to carry out the terms of its charter. | ||||||
20 | Except as provided in subsection (i) of this Section, a school | ||||||
21 | district may charge a charter school reasonable rent for the | ||||||
22 | use of the district's buildings, grounds, and facilities. Any | ||||||
23 | services for which a charter school contracts with a school | ||||||
24 | district shall be provided by the district at cost. Any | ||||||
25 | services for which a charter school contracts with a local | ||||||
26 | school board or with the governing body of a State college or |
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1 | university or public community college shall be provided by | ||||||
2 | the public entity at cost. | ||||||
3 | (i) In no event shall a charter school that is established | ||||||
4 | by converting an existing school or attendance center to | ||||||
5 | charter school status be required to pay rent for space that is | ||||||
6 | deemed available, as negotiated and provided in the charter | ||||||
7 | agreement, in school district facilities. However, all other | ||||||
8 | costs for the operation and maintenance of school district | ||||||
9 | facilities that are used by the charter school shall be | ||||||
10 | subject to negotiation between the charter school and the | ||||||
11 | local school board and shall be set forth in the charter. | ||||||
12 | (j) A charter school may limit student enrollment by age | ||||||
13 | or grade level. | ||||||
14 | (k) If the charter school is authorized by the State | ||||||
15 | Board, then the charter school is its own local education | ||||||
16 | agency. | ||||||
17 | (Source: P.A. 102-51, eff. 7-9-21; 102-157, eff. 7-1-22; | ||||||
18 | 102-360, eff. 1-1-22; 102-445, eff. 8-20-21; 102-522, eff. | ||||||
19 | 8-20-21; 102-558, eff. 8-20-21; 102-676, eff. 12-3-21; | ||||||
20 | 102-697, eff. 4-5-22; 102-702, eff. 7-1-23; 102-805, eff. | ||||||
21 | 1-1-23; 102-813, eff. 5-13-22; 103-154, eff. 6-30-23; 103-175, | ||||||
22 | eff. 6-30-23.)
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23 | (Text of Section after amendment by P.A. 103-472 but | ||||||
24 | before amendment by P.A. 102-466 ) | ||||||
25 | Sec. 27A-5. Charter school; legal entity; requirements. |
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1 | (a) A charter school shall be a public, nonsectarian, | ||||||
2 | nonreligious, non-home based, and non-profit school. A charter | ||||||
3 | school shall be organized and operated as a nonprofit | ||||||
4 | corporation or other discrete, legal, nonprofit entity | ||||||
5 | authorized under the laws of the State of Illinois. | ||||||
6 | (b) A charter school may be established under this Article | ||||||
7 | by creating a new school or by converting an existing public | ||||||
8 | school or attendance center to charter school status. In all | ||||||
9 | new applications to establish a charter school in a city | ||||||
10 | having a population exceeding 500,000, operation of the | ||||||
11 | charter school shall be limited to one campus. This limitation | ||||||
12 | does not apply to charter schools existing or approved on or | ||||||
13 | before April 16, 2003. | ||||||
14 | (b-5) (Blank). | ||||||
15 | (c) A charter school shall be administered and governed by | ||||||
16 | its board of directors or other governing body in the manner | ||||||
17 | provided in its charter. The governing body of a charter | ||||||
18 | school shall be subject to the Freedom of Information Act and | ||||||
19 | the Open Meetings Act. A charter school's board of directors | ||||||
20 | or other governing body must include at least one parent or | ||||||
21 | guardian of a pupil currently enrolled in the charter school | ||||||
22 | who may be selected through the charter school or a charter | ||||||
23 | network election, appointment by the charter school's board of | ||||||
24 | directors or other governing body, or by the charter school's | ||||||
25 | Parent Teacher Organization or its equivalent. | ||||||
26 | (c-5) No later than January 1, 2021 or within the first |
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1 | year of his or her first term, every voting member of a charter | ||||||
2 | school's board of directors or other governing body shall | ||||||
3 | complete a minimum of 4 hours of professional development | ||||||
4 | leadership training to ensure that each member has sufficient | ||||||
5 | familiarity with the board's or governing body's role and | ||||||
6 | responsibilities, including financial oversight and | ||||||
7 | accountability of the school, evaluating the principal's and | ||||||
8 | school's performance, adherence to the Freedom of Information | ||||||
9 | Act and the Open Meetings Act, and compliance with education | ||||||
10 | and labor law. In each subsequent year of his or her term, a | ||||||
11 | voting member of a charter school's board of directors or | ||||||
12 | other governing body shall complete a minimum of 2 hours of | ||||||
13 | professional development training in these same areas. The | ||||||
14 | training under this subsection may be provided or certified by | ||||||
15 | a statewide charter school membership association or may be | ||||||
16 | provided or certified by other qualified providers approved by | ||||||
17 | the State Board. | ||||||
18 | (d) For purposes of this subsection (d), "non-curricular | ||||||
19 | health and safety requirement" means any health and safety | ||||||
20 | requirement created by statute or rule to provide, maintain, | ||||||
21 | preserve, or safeguard safe or healthful conditions for | ||||||
22 | students and school personnel or to eliminate, reduce, or | ||||||
23 | prevent threats to the health and safety of students and | ||||||
24 | school personnel. "Non-curricular health and safety | ||||||
25 | requirement" does not include any course of study or | ||||||
26 | specialized instructional requirement for which the State |
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| |||||||
1 | Board has established goals and learning standards or which is | ||||||
2 | designed primarily to impart knowledge and skills for students | ||||||
3 | to master and apply as an outcome of their education. | ||||||
4 | A charter school shall comply with all non-curricular | ||||||
5 | health and safety requirements applicable to public schools | ||||||
6 | under the laws of the State of Illinois. The State Board shall | ||||||
7 | promulgate and post on its Internet website a list of | ||||||
8 | non-curricular health and safety requirements that a charter | ||||||
9 | school must meet. The list shall be updated annually no later | ||||||
10 | than September 1. Any charter contract between a charter | ||||||
11 | school and its authorizer must contain a provision that | ||||||
12 | requires the charter school to follow the list of all | ||||||
13 | non-curricular health and safety requirements promulgated by | ||||||
14 | the State Board and any non-curricular health and safety | ||||||
15 | requirements added by the State Board to such list during the | ||||||
16 | term of the charter. Nothing in this subsection (d) precludes | ||||||
17 | an authorizer from including non-curricular health and safety | ||||||
18 | requirements in a charter school contract that are not | ||||||
19 | contained in the list promulgated by the State Board, | ||||||
20 | including non-curricular health and safety requirements of the | ||||||
21 | authorizing local school board. | ||||||
22 | (e) Except as otherwise provided in the School Code, a | ||||||
23 | charter school shall not charge tuition; provided that a | ||||||
24 | charter school may charge reasonable fees for textbooks, | ||||||
25 | instructional materials, and student activities. | ||||||
26 | (f) A charter school shall be responsible for the |
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| |||||||
1 | management and operation of its fiscal affairs, including, but | ||||||
2 | not limited to, the preparation of its budget. An audit of each | ||||||
3 | charter school's finances shall be conducted annually by an | ||||||
4 | outside, independent contractor retained by the charter | ||||||
5 | school. The contractor shall not be an employee of the charter | ||||||
6 | school or affiliated with the charter school or its authorizer | ||||||
7 | in any way, other than to audit the charter school's finances. | ||||||
8 | To ensure financial accountability for the use of public | ||||||
9 | funds, on or before December 1 of every year of operation, each | ||||||
10 | charter school shall submit to its authorizer and the State | ||||||
11 | Board a copy of its audit and a copy of the Form 990 the | ||||||
12 | charter school filed that year with the federal Internal | ||||||
13 | Revenue Service. In addition, if deemed necessary for proper | ||||||
14 | financial oversight of the charter school, an authorizer may | ||||||
15 | require quarterly financial statements from each charter | ||||||
16 | school. | ||||||
17 | (g) A charter school shall comply with all provisions of | ||||||
18 | this Article, the Illinois Educational Labor Relations Act, | ||||||
19 | all federal and State laws and rules applicable to public | ||||||
20 | schools that pertain to special education and the instruction | ||||||
21 | of English learners, and its charter. A charter school is | ||||||
22 | exempt from all other State laws and regulations in this Code | ||||||
23 | governing public schools and local school board policies; | ||||||
24 | however, a charter school is not exempt from the following: | ||||||
25 | (1) Sections 10-21.9 and 34-18.5 of this Code | ||||||
26 | regarding criminal history records checks and checks of |
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1 | the Statewide Sex Offender Database and Statewide Murderer | ||||||
2 | and Violent Offender Against Youth Database of applicants | ||||||
3 | for employment; | ||||||
4 | (2) Sections 10-20.14, 10-22.6, 22-100, 24-24, 34-19, | ||||||
5 | and 34-84a of this Code regarding discipline of students; | ||||||
6 | (3) the Local Governmental and Governmental Employees | ||||||
7 | Tort Immunity Act; | ||||||
8 | (4) Section 108.75 of the General Not For Profit | ||||||
9 | Corporation Act of 1986 regarding indemnification of | ||||||
10 | officers, directors, employees, and agents; | ||||||
11 | (5) the Abused and Neglected Child Reporting Act; | ||||||
12 | (5.5) subsection (b) of Section 10-23.12 and | ||||||
13 | subsection (b) of Section 34-18.6 of this Code; | ||||||
14 | (6) the Illinois School Student Records Act; | ||||||
15 | (7) Section 10-17a of this Code regarding school | ||||||
16 | report cards; | ||||||
17 | (8) the P-20 Longitudinal Education Data System Act; | ||||||
18 | (9) Section 27-23.7 of this Code regarding bullying | ||||||
19 | prevention; | ||||||
20 | (10) Section 2-3.162 of this Code regarding student | ||||||
21 | discipline reporting; | ||||||
22 | (11) Sections 22-80 and 27-8.1 of this Code; | ||||||
23 | (12) Sections 10-20.60 and 34-18.53 of this Code; | ||||||
24 | (13) Sections 10-20.63 and 34-18.56 of this Code; | ||||||
25 | (14) Sections 22-90 and 26-18 of this Code; | ||||||
26 | (15) Section 22-30 of this Code; |
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1 | (16) Sections 24-12 and 34-85 of this Code; | ||||||
2 | (17) the Seizure Smart School Act; | ||||||
3 | (18) Section 2-3.64a-10 of this Code; | ||||||
4 | (19) Sections 10-20.73 and 34-21.9 of this Code; | ||||||
5 | (20) Section 10-22.25b of this Code; | ||||||
6 | (21) Section 27-9.1a of this Code; | ||||||
7 | (22) Section 27-9.1b of this Code; | ||||||
8 | (23) Section 34-18.8 of this Code; | ||||||
9 | (25) Section 2-3.188 of this Code; | ||||||
10 | (26) Section 22-85.5 of this Code; | ||||||
11 | (27) subsections (d-10), (d-15), and (d-20) of Section | ||||||
12 | 10-20.56 of this Code; | ||||||
13 | (28) Sections 10-20.83 and 34-18.78 of this Code; | ||||||
14 | (29) Section 10-20.13 of this Code; | ||||||
15 | (30) Section 28-19.2 of this Code; | ||||||
16 | (31) Section 34-21.6 of this Code; and | ||||||
17 | (32) Section 22-85.10 of this Code; | ||||||
18 | (33) Section 2-3.196 of this Code; | ||||||
19 | (34) Section 22-95 of this Code; | ||||||
20 | (35) Section 34-18.62 of this Code; and | ||||||
21 | (36) the Illinois Human Rights Act. | ||||||
22 | The change made by Public Act 96-104 to this subsection | ||||||
23 | (g) is declaratory of existing law. | ||||||
24 | (h) A charter school may negotiate and contract with a | ||||||
25 | school district, the governing body of a State college or | ||||||
26 | university or public community college, or any other public or |
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1 | for-profit or nonprofit private entity for: (i) the use of a | ||||||
2 | school building and grounds or any other real property or | ||||||
3 | facilities that the charter school desires to use or convert | ||||||
4 | for use as a charter school site, (ii) the operation and | ||||||
5 | maintenance thereof, and (iii) the provision of any service, | ||||||
6 | activity, or undertaking that the charter school is required | ||||||
7 | to perform in order to carry out the terms of its charter. | ||||||
8 | Except as provided in subsection (i) of this Section, a school | ||||||
9 | district may charge a charter school reasonable rent for the | ||||||
10 | use of the district's buildings, grounds, and facilities. Any | ||||||
11 | services for which a charter school contracts with a school | ||||||
12 | district shall be provided by the district at cost. Any | ||||||
13 | services for which a charter school contracts with a local | ||||||
14 | school board or with the governing body of a State college or | ||||||
15 | university or public community college shall be provided by | ||||||
16 | the public entity at cost. | ||||||
17 | (i) In no event shall a charter school that is established | ||||||
18 | by converting an existing school or attendance center to | ||||||
19 | charter school status be required to pay rent for space that is | ||||||
20 | deemed available, as negotiated and provided in the charter | ||||||
21 | agreement, in school district facilities. However, all other | ||||||
22 | costs for the operation and maintenance of school district | ||||||
23 | facilities that are used by the charter school shall be | ||||||
24 | subject to negotiation between the charter school and the | ||||||
25 | local school board and shall be set forth in the charter. | ||||||
26 | (j) A charter school may limit student enrollment by age |
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1 | or grade level. | ||||||
2 | (k) If the charter school is authorized by the State | ||||||
3 | Board, then the charter school is its own local education | ||||||
4 | agency. | ||||||
5 | (Source: P.A. 102-51, eff. 7-9-21; 102-157, eff. 7-1-22; | ||||||
6 | 102-360, eff. 1-1-22; 102-445, eff. 8-20-21; 102-522, eff. | ||||||
7 | 8-20-21; 102-558, eff. 8-20-21; 102-676, eff. 12-3-21; | ||||||
8 | 102-697, eff. 4-5-22; 102-702, eff. 7-1-23; 102-805, eff. | ||||||
9 | 1-1-23; 102-813, eff. 5-13-22; 103-154, eff. 6-30-23; 103-175, | ||||||
10 | eff. 6-30-23; 103-472, eff. 8-1-24; revised 8-31-23.)
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11 | (Text of Section after amendment by P.A. 102-466 ) | ||||||
12 | Sec. 27A-5. Charter school; legal entity; requirements. | ||||||
13 | (a) A charter school shall be a public, nonsectarian, | ||||||
14 | nonreligious, non-home based, and non-profit school. A charter | ||||||
15 | school shall be organized and operated as a nonprofit | ||||||
16 | corporation or other discrete, legal, nonprofit entity | ||||||
17 | authorized under the laws of the State of Illinois. | ||||||
18 | (b) A charter school may be established under this Article | ||||||
19 | by creating a new school or by converting an existing public | ||||||
20 | school or attendance center to charter school status. In all | ||||||
21 | new applications to establish a charter school in a city | ||||||
22 | having a population exceeding 500,000, operation of the | ||||||
23 | charter school shall be limited to one campus. This limitation | ||||||
24 | does not apply to charter schools existing or approved on or | ||||||
25 | before April 16, 2003. |
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1 | (b-5) (Blank). | ||||||
2 | (c) A charter school shall be administered and governed by | ||||||
3 | its board of directors or other governing body in the manner | ||||||
4 | provided in its charter. The governing body of a charter | ||||||
5 | school shall be subject to the Freedom of Information Act and | ||||||
6 | the Open Meetings Act. A charter school's board of directors | ||||||
7 | or other governing body must include at least one parent or | ||||||
8 | guardian of a pupil currently enrolled in the charter school | ||||||
9 | who may be selected through the charter school or a charter | ||||||
10 | network election, appointment by the charter school's board of | ||||||
11 | directors or other governing body, or by the charter school's | ||||||
12 | Parent Teacher Organization or its equivalent. | ||||||
13 | (c-5) No later than January 1, 2021 or within the first | ||||||
14 | year of his or her first term, every voting member of a charter | ||||||
15 | school's board of directors or other governing body shall | ||||||
16 | complete a minimum of 4 hours of professional development | ||||||
17 | leadership training to ensure that each member has sufficient | ||||||
18 | familiarity with the board's or governing body's role and | ||||||
19 | responsibilities, including financial oversight and | ||||||
20 | accountability of the school, evaluating the principal's and | ||||||
21 | school's performance, adherence to the Freedom of Information | ||||||
22 | Act and the Open Meetings Act, and compliance with education | ||||||
23 | and labor law. In each subsequent year of his or her term, a | ||||||
24 | voting member of a charter school's board of directors or | ||||||
25 | other governing body shall complete a minimum of 2 hours of | ||||||
26 | professional development training in these same areas. The |
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1 | training under this subsection may be provided or certified by | ||||||
2 | a statewide charter school membership association or may be | ||||||
3 | provided or certified by other qualified providers approved by | ||||||
4 | the State Board. | ||||||
5 | (d) For purposes of this subsection (d), "non-curricular | ||||||
6 | health and safety requirement" means any health and safety | ||||||
7 | requirement created by statute or rule to provide, maintain, | ||||||
8 | preserve, or safeguard safe or healthful conditions for | ||||||
9 | students and school personnel or to eliminate, reduce, or | ||||||
10 | prevent threats to the health and safety of students and | ||||||
11 | school personnel. "Non-curricular health and safety | ||||||
12 | requirement" does not include any course of study or | ||||||
13 | specialized instructional requirement for which the State | ||||||
14 | Board has established goals and learning standards or which is | ||||||
15 | designed primarily to impart knowledge and skills for students | ||||||
16 | to master and apply as an outcome of their education. | ||||||
17 | A charter school shall comply with all non-curricular | ||||||
18 | health and safety requirements applicable to public schools | ||||||
19 | under the laws of the State of Illinois. The State Board shall | ||||||
20 | promulgate and post on its Internet website a list of | ||||||
21 | non-curricular health and safety requirements that a charter | ||||||
22 | school must meet. The list shall be updated annually no later | ||||||
23 | than September 1. Any charter contract between a charter | ||||||
24 | school and its authorizer must contain a provision that | ||||||
25 | requires the charter school to follow the list of all | ||||||
26 | non-curricular health and safety requirements promulgated by |
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1 | the State Board and any non-curricular health and safety | ||||||
2 | requirements added by the State Board to such list during the | ||||||
3 | term of the charter. Nothing in this subsection (d) precludes | ||||||
4 | an authorizer from including non-curricular health and safety | ||||||
5 | requirements in a charter school contract that are not | ||||||
6 | contained in the list promulgated by the State Board, | ||||||
7 | including non-curricular health and safety requirements of the | ||||||
8 | authorizing local school board. | ||||||
9 | (e) Except as otherwise provided in the School Code, a | ||||||
10 | charter school shall not charge tuition; provided that a | ||||||
11 | charter school may charge reasonable fees for textbooks, | ||||||
12 | instructional materials, and student activities. | ||||||
13 | (f) A charter school shall be responsible for the | ||||||
14 | management and operation of its fiscal affairs, including, but | ||||||
15 | not limited to, the preparation of its budget. An audit of each | ||||||
16 | charter school's finances shall be conducted annually by an | ||||||
17 | outside, independent contractor retained by the charter | ||||||
18 | school. The contractor shall not be an employee of the charter | ||||||
19 | school or affiliated with the charter school or its authorizer | ||||||
20 | in any way, other than to audit the charter school's finances. | ||||||
21 | To ensure financial accountability for the use of public | ||||||
22 | funds, on or before December 1 of every year of operation, each | ||||||
23 | charter school shall submit to its authorizer and the State | ||||||
24 | Board a copy of its audit and a copy of the Form 990 the | ||||||
25 | charter school filed that year with the federal Internal | ||||||
26 | Revenue Service. In addition, if deemed necessary for proper |
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1 | financial oversight of the charter school, an authorizer may | ||||||
2 | require quarterly financial statements from each charter | ||||||
3 | school. | ||||||
4 | (g) A charter school shall comply with all provisions of | ||||||
5 | this Article, the Illinois Educational Labor Relations Act, | ||||||
6 | all federal and State laws and rules applicable to public | ||||||
7 | schools that pertain to special education and the instruction | ||||||
8 | of English learners, and its charter. A charter school is | ||||||
9 | exempt from all other State laws and regulations in this Code | ||||||
10 | governing public schools and local school board policies; | ||||||
11 | however, a charter school is not exempt from the following: | ||||||
12 | (1) Sections 10-21.9 and 34-18.5 of this Code | ||||||
13 | regarding criminal history records checks and checks of | ||||||
14 | the Statewide Sex Offender Database and Statewide Murderer | ||||||
15 | and Violent Offender Against Youth Database of applicants | ||||||
16 | for employment; | ||||||
17 | (2) Sections 10-20.14, 10-22.6, 22-100, 24-24, 34-19, | ||||||
18 | and 34-84a of this Code regarding discipline of students; | ||||||
19 | (3) the Local Governmental and Governmental Employees | ||||||
20 | Tort Immunity Act; | ||||||
21 | (4) Section 108.75 of the General Not For Profit | ||||||
22 | Corporation Act of 1986 regarding indemnification of | ||||||
23 | officers, directors, employees, and agents; | ||||||
24 | (5) the Abused and Neglected Child Reporting Act; | ||||||
25 | (5.5) subsection (b) of Section 10-23.12 and | ||||||
26 | subsection (b) of Section 34-18.6 of this Code; |
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1 | (6) the Illinois School Student Records Act; | ||||||
2 | (7) Section 10-17a of this Code regarding school | ||||||
3 | report cards; | ||||||
4 | (8) the P-20 Longitudinal Education Data System Act; | ||||||
5 | (9) Section 27-23.7 of this Code regarding bullying | ||||||
6 | prevention; | ||||||
7 | (10) Section 2-3.162 of this Code regarding student | ||||||
8 | discipline reporting; | ||||||
9 | (11) Sections 22-80 and 27-8.1 of this Code; | ||||||
10 | (12) Sections 10-20.60 and 34-18.53 of this Code; | ||||||
11 | (13) Sections 10-20.63 and 34-18.56 of this Code; | ||||||
12 | (14) Sections 22-90 and 26-18 of this Code; | ||||||
13 | (15) Section 22-30 of this Code; | ||||||
14 | (16) Sections 24-12 and 34-85 of this Code; | ||||||
15 | (17) the Seizure Smart School Act; | ||||||
16 | (18) Section 2-3.64a-10 of this Code; | ||||||
17 | (19) Sections 10-20.73 and 34-21.9 of this Code; | ||||||
18 | (20) Section 10-22.25b of this Code; | ||||||
19 | (21) Section 27-9.1a of this Code; | ||||||
20 | (22) Section 27-9.1b of this Code; | ||||||
21 | (23) Section 34-18.8 of this Code; | ||||||
22 | (24) Article 26A of this Code; | ||||||
23 | (25) Section 2-3.188 of this Code; | ||||||
24 | (26) Section 22-85.5 of this Code; | ||||||
25 | (27) subsections (d-10), (d-15), and (d-20) of Section | ||||||
26 | 10-20.56 of this Code; |
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1 | (28) Sections 10-20.83 and 34-18.78 of this Code; | ||||||
2 | (29) Section 10-20.13 of this Code; | ||||||
3 | (30) Section 28-19.2 of this Code; | ||||||
4 | (31) Section 34-21.6 of this Code; and | ||||||
5 | (32) Section 22-85.10 of this Code; | ||||||
6 | (33) Section 2-3.196 of this Code; | ||||||
7 | (34) Section 22-95 of this Code; | ||||||
8 | (35) Section 34-18.62 of this Code; and | ||||||
9 | (36) the Illinois Human Rights Act. | ||||||
10 | The change made by Public Act 96-104 to this subsection | ||||||
11 | (g) is declaratory of existing law. | ||||||
12 | (h) A charter school may negotiate and contract with a | ||||||
13 | school district, the governing body of a State college or | ||||||
14 | university or public community college, or any other public or | ||||||
15 | for-profit or nonprofit private entity for: (i) the use of a | ||||||
16 | school building and grounds or any other real property or | ||||||
17 | facilities that the charter school desires to use or convert | ||||||
18 | for use as a charter school site, (ii) the operation and | ||||||
19 | maintenance thereof, and (iii) the provision of any service, | ||||||
20 | activity, or undertaking that the charter school is required | ||||||
21 | to perform in order to carry out the terms of its charter. | ||||||
22 | Except as provided in subsection (i) of this Section, a school | ||||||
23 | district may charge a charter school reasonable rent for the | ||||||
24 | use of the district's buildings, grounds, and facilities. Any | ||||||
25 | services for which a charter school contracts with a school | ||||||
26 | district shall be provided by the district at cost. Any |
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1 | services for which a charter school contracts with a local | ||||||
2 | school board or with the governing body of a State college or | ||||||
3 | university or public community college shall be provided by | ||||||
4 | the public entity at cost. | ||||||
5 | (i) In no event shall a charter school that is established | ||||||
6 | by converting an existing school or attendance center to | ||||||
7 | charter school status be required to pay rent for space that is | ||||||
8 | deemed available, as negotiated and provided in the charter | ||||||
9 | agreement, in school district facilities. However, all other | ||||||
10 | costs for the operation and maintenance of school district | ||||||
11 | facilities that are used by the charter school shall be | ||||||
12 | subject to negotiation between the charter school and the | ||||||
13 | local school board and shall be set forth in the charter. | ||||||
14 | (j) A charter school may limit student enrollment by age | ||||||
15 | or grade level. | ||||||
16 | (k) If the charter school is authorized by the State | ||||||
17 | Board, then the charter school is its own local education | ||||||
18 | agency. | ||||||
19 | (Source: P.A. 102-51, eff. 7-9-21; 102-157, eff. 7-1-22; | ||||||
20 | 102-360, eff. 1-1-22; 102-445, eff. 8-20-21; 102-466, eff. | ||||||
21 | 7-1-25; 102-522, eff. 8-20-21; 102-558, eff. 8-20-21; 102-676, | ||||||
22 | eff. 12-3-21; 102-697, eff. 4-5-22; 102-702, eff. 7-1-23; | ||||||
23 | 102-805, eff. 1-1-23; 102-813, eff. 5-13-22; 103-154, eff. | ||||||
24 | 6-30-23; 103-175, eff. 6-30-23; 103-472, eff. 8-1-24; revised | ||||||
25 | 8-31-23.)
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1 | (105 ILCS 5/34-84a) (from Ch. 122, par. 34-84a) | ||||||
2 | Sec. 34-84a. Maintenance of discipline. Subject to the | ||||||
3 | limitations of all policies established or adopted under | ||||||
4 | Section 14-8.05, teachers, other licensed certificated | ||||||
5 | educational employees, and any other person, whether or not a | ||||||
6 | licensed certificated employee, providing a related service | ||||||
7 | for or with respect to a student shall maintain discipline in | ||||||
8 | the schools, including school grounds which are owned or | ||||||
9 | leased by the board and used for school purposes and | ||||||
10 | activities. In all matters relating to the discipline in and | ||||||
11 | conduct of the schools and the school children, they stand in | ||||||
12 | the relation of parents and guardians to the pupils. This | ||||||
13 | relationship shall extend to all activities connected with the | ||||||
14 | school program, including all athletic and extracurricular | ||||||
15 | programs, and may be exercised at any time for the safety and | ||||||
16 | supervision of the pupils in the absence of their parents or | ||||||
17 | guardians. | ||||||
18 | Nothing in this Section affects the power of the board to | ||||||
19 | establish rules with respect to discipline, except that the | ||||||
20 | rules of the board must provide, subject to the limitations of | ||||||
21 | all policies established or adopted under Section 14-8.05, | ||||||
22 | that a teacher, any other licensed certificated employee, and | ||||||
23 | any other person, whether or not a licensed certificated | ||||||
24 | employee, providing a related service for or with respect to a | ||||||
25 | student may only use reasonable force as permitted under | ||||||
26 | Section 34-18.20 needed to maintain safety for the other |
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1 | students , shall provide that a teacher may remove a student | ||||||
2 | from the classroom for disruptive behavior, and must include | ||||||
3 | provisions which provide due process to students. The policy | ||||||
4 | shall prohibit the use of corporal punishment, as defined in | ||||||
5 | Section 22-100, in all circumstances. | ||||||
6 | (Source: P.A. 89-184, eff. 7-19-95.)
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