Bill Amendment: IL HB4586 | 2023-2024 | 103rd General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: SCH CD-MENTAL HEALTH-NOTIFY
Status: 2024-05-16 - Added Co-Sponsor Rep. Debbie Meyers-Martin [HB4586 Detail]
Download: Illinois-2023-HB4586-House_Amendment_001.html
Bill Title: SCH CD-MENTAL HEALTH-NOTIFY
Status: 2024-05-16 - Added Co-Sponsor Rep. Debbie Meyers-Martin [HB4586 Detail]
Download: Illinois-2023-HB4586-House_Amendment_001.html
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1 | AMENDMENT TO HOUSE BILL 4586 | ||||||
2 | AMENDMENT NO. ______. Amend House Bill 4586 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The School Code is amended by adding Sections | ||||||
5 | 10-20.87 and 34-18.87 and by changing Section 27A-5 as | ||||||
6 | follows:
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7 | (105 ILCS 5/10-20.87 new) | ||||||
8 | Sec. 10-20.87. Mental health services notification. | ||||||
9 | (a) Beginning with the 2025-2026 school year, each school | ||||||
10 | district shall: | ||||||
11 | (1) notify the parents or guardians of each student | ||||||
12 | enrolled in the school district about any mental health | ||||||
13 | services available in the school in which the student is | ||||||
14 | enrolled, in the school district, or in the community | ||||||
15 | where the school is located; and | ||||||
16 | (2) notify each student enrolled in the district who |
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1 | is 12 years of age or older of the following information in | ||||||
2 | an age and developmentally appropriate manner: | ||||||
3 | (A) mental health services available in the school | ||||||
4 | in which the student is enrolled, in the school | ||||||
5 | district, or in the community where the school is | ||||||
6 | located; and | ||||||
7 | (B) the student's right to request to receive | ||||||
8 | counseling services or psychotherapy on an outpatient | ||||||
9 | basis under Section 3-550 of the Mental Health and | ||||||
10 | Developmental Disabilities Code. | ||||||
11 | (b) A school district shall provide the notifications | ||||||
12 | required under subsection (a) at the time of enrollment for | ||||||
13 | students enrolling in a school district for the first time, | ||||||
14 | prior to November 1 of each school year, and after January 1 | ||||||
15 | but prior to March 1 of each school year. A school district | ||||||
16 | shall consider the languages most commonly spoken in the | ||||||
17 | communities where the school district's schools are located | ||||||
18 | when sending notifications to parents or guardians. A school | ||||||
19 | district may refer parents or guardians to the Care Portal | ||||||
20 | established and maintained by the Department of Human Services | ||||||
21 | under Section 11.4 of the Mental Health and Developmental | ||||||
22 | Disabilities Administrative Act.
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23 | (105 ILCS 5/27A-5) | ||||||
24 | (Text of Section before amendment by P.A. 102-466 and | ||||||
25 | 103-472 ) |
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1 | Sec. 27A-5. Charter school; legal entity; requirements. | ||||||
2 | (a) A charter school shall be a public, nonsectarian, | ||||||
3 | nonreligious, non-home based, and non-profit school. A charter | ||||||
4 | school shall be organized and operated as a nonprofit | ||||||
5 | corporation or other discrete, legal, nonprofit entity | ||||||
6 | authorized under the laws of the State of Illinois. | ||||||
7 | (b) A charter school may be established under this Article | ||||||
8 | by creating a new school or by converting an existing public | ||||||
9 | school or attendance center to charter school status. In all | ||||||
10 | new applications to establish a charter school in a city | ||||||
11 | having a population exceeding 500,000, operation of the | ||||||
12 | charter school shall be limited to one campus. This limitation | ||||||
13 | does not apply to charter schools existing or approved on or | ||||||
14 | before April 16, 2003. | ||||||
15 | (b-5) (Blank). | ||||||
16 | (c) A charter school shall be administered and governed by | ||||||
17 | its board of directors or other governing body in the manner | ||||||
18 | provided in its charter. The governing body of a charter | ||||||
19 | school shall be subject to the Freedom of Information Act and | ||||||
20 | the Open Meetings Act. A charter school's board of directors | ||||||
21 | or other governing body must include at least one parent or | ||||||
22 | guardian of a pupil currently enrolled in the charter school | ||||||
23 | who may be selected through the charter school or a charter | ||||||
24 | network election, appointment by the charter school's board of | ||||||
25 | directors or other governing body, or by the charter school's | ||||||
26 | Parent Teacher Organization or its equivalent. |
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1 | (c-5) No later than January 1, 2021 or within the first | ||||||
2 | year of his or her first term, every voting member of a charter | ||||||
3 | school's board of directors or other governing body shall | ||||||
4 | complete a minimum of 4 hours of professional development | ||||||
5 | leadership training to ensure that each member has sufficient | ||||||
6 | familiarity with the board's or governing body's role and | ||||||
7 | responsibilities, including financial oversight and | ||||||
8 | accountability of the school, evaluating the principal's and | ||||||
9 | school's performance, adherence to the Freedom of Information | ||||||
10 | Act and the Open Meetings Act, and compliance with education | ||||||
11 | and labor law. In each subsequent year of his or her term, a | ||||||
12 | voting member of a charter school's board of directors or | ||||||
13 | other governing body shall complete a minimum of 2 hours of | ||||||
14 | professional development training in these same areas. The | ||||||
15 | training under this subsection may be provided or certified by | ||||||
16 | a statewide charter school membership association or may be | ||||||
17 | provided or certified by other qualified providers approved by | ||||||
18 | the State Board. | ||||||
19 | (d) For purposes of this subsection (d), "non-curricular | ||||||
20 | health and safety requirement" means any health and safety | ||||||
21 | requirement created by statute or rule to provide, maintain, | ||||||
22 | preserve, or safeguard safe or healthful conditions for | ||||||
23 | students and school personnel or to eliminate, reduce, or | ||||||
24 | prevent threats to the health and safety of students and | ||||||
25 | school personnel. "Non-curricular health and safety | ||||||
26 | requirement" does not include any course of study or |
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1 | specialized instructional requirement for which the State | ||||||
2 | Board has established goals and learning standards or which is | ||||||
3 | designed primarily to impart knowledge and skills for students | ||||||
4 | to master and apply as an outcome of their education. | ||||||
5 | A charter school shall comply with all non-curricular | ||||||
6 | health and safety requirements applicable to public schools | ||||||
7 | under the laws of the State of Illinois. The State Board shall | ||||||
8 | promulgate and post on its Internet website a list of | ||||||
9 | non-curricular health and safety requirements that a charter | ||||||
10 | school must meet. The list shall be updated annually no later | ||||||
11 | than September 1. Any charter contract between a charter | ||||||
12 | school and its authorizer must contain a provision that | ||||||
13 | requires the charter school to follow the list of all | ||||||
14 | non-curricular health and safety requirements promulgated by | ||||||
15 | the State Board and any non-curricular health and safety | ||||||
16 | requirements added by the State Board to such list during the | ||||||
17 | term of the charter. Nothing in this subsection (d) precludes | ||||||
18 | an authorizer from including non-curricular health and safety | ||||||
19 | requirements in a charter school contract that are not | ||||||
20 | contained in the list promulgated by the State Board, | ||||||
21 | including non-curricular health and safety requirements of the | ||||||
22 | authorizing local school board. | ||||||
23 | (e) Except as otherwise provided in the School Code, a | ||||||
24 | charter school shall not charge tuition; provided that a | ||||||
25 | charter school may charge reasonable fees for textbooks, | ||||||
26 | instructional materials, and student activities. |
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1 | (f) A charter school shall be responsible for the | ||||||
2 | management and operation of its fiscal affairs, including, but | ||||||
3 | not limited to, the preparation of its budget. An audit of each | ||||||
4 | charter school's finances shall be conducted annually by an | ||||||
5 | outside, independent contractor retained by the charter | ||||||
6 | school. The contractor shall not be an employee of the charter | ||||||
7 | school or affiliated with the charter school or its authorizer | ||||||
8 | in any way, other than to audit the charter school's finances. | ||||||
9 | To ensure financial accountability for the use of public | ||||||
10 | funds, on or before December 1 of every year of operation, each | ||||||
11 | charter school shall submit to its authorizer and the State | ||||||
12 | Board a copy of its audit and a copy of the Form 990 the | ||||||
13 | charter school filed that year with the federal Internal | ||||||
14 | Revenue Service. In addition, if deemed necessary for proper | ||||||
15 | financial oversight of the charter school, an authorizer may | ||||||
16 | require quarterly financial statements from each charter | ||||||
17 | school. | ||||||
18 | (g) A charter school shall comply with all provisions of | ||||||
19 | this Article, the Illinois Educational Labor Relations Act, | ||||||
20 | all federal and State laws and rules applicable to public | ||||||
21 | schools that pertain to special education and the instruction | ||||||
22 | of English learners, and its charter. A charter school is | ||||||
23 | exempt from all other State laws and regulations in this Code | ||||||
24 | governing public schools and local school board policies; | ||||||
25 | however, a charter school is not exempt from the following: | ||||||
26 | (1) Sections 10-21.9 and 34-18.5 of this Code |
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1 | regarding criminal history records checks and checks of | ||||||
2 | the Statewide Sex Offender Database and Statewide Murderer | ||||||
3 | and Violent Offender Against Youth Database of applicants | ||||||
4 | for employment; | ||||||
5 | (2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and | ||||||
6 | 34-84a of this Code regarding discipline of students; | ||||||
7 | (3) the Local Governmental and Governmental Employees | ||||||
8 | Tort Immunity Act; | ||||||
9 | (4) Section 108.75 of the General Not For Profit | ||||||
10 | Corporation Act of 1986 regarding indemnification of | ||||||
11 | officers, directors, employees, and agents; | ||||||
12 | (5) the Abused and Neglected Child Reporting Act; | ||||||
13 | (5.5) subsection (b) of Section 10-23.12 and | ||||||
14 | subsection (b) of Section 34-18.6 of this Code; | ||||||
15 | (6) the Illinois School Student Records Act; | ||||||
16 | (7) Section 10-17a of this Code regarding school | ||||||
17 | report cards; | ||||||
18 | (8) the P-20 Longitudinal Education Data System Act; | ||||||
19 | (9) Section 27-23.7 of this Code regarding bullying | ||||||
20 | prevention; | ||||||
21 | (10) Section 2-3.162 of this Code regarding student | ||||||
22 | discipline reporting; | ||||||
23 | (11) Sections 22-80 and 27-8.1 of this Code; | ||||||
24 | (12) Sections 10-20.60 and 34-18.53 of this Code; | ||||||
25 | (13) Sections 10-20.63 and 34-18.56 of this Code; | ||||||
26 | (14) Sections 22-90 and 26-18 of this Code; |
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1 | (15) Section 22-30 of this Code; | ||||||
2 | (16) Sections 24-12 and 34-85 of this Code; | ||||||
3 | (17) the Seizure Smart School Act; | ||||||
4 | (18) Section 2-3.64a-10 of this Code; | ||||||
5 | (19) Sections 10-20.73 and 34-21.9 of this Code; | ||||||
6 | (20) Section 10-22.25b of this Code; | ||||||
7 | (21) Section 27-9.1a of this Code; | ||||||
8 | (22) Section 27-9.1b of this Code; | ||||||
9 | (23) Section 34-18.8 of this Code; | ||||||
10 | (25) Section 2-3.188 of this Code; | ||||||
11 | (26) Section 22-85.5 of this Code; | ||||||
12 | (27) subsections (d-10), (d-15), and (d-20) of Section | ||||||
13 | 10-20.56 of this Code; | ||||||
14 | (28) Sections 10-20.83 and 34-18.78 of this Code; | ||||||
15 | (29) Section 10-20.13 of this Code; | ||||||
16 | (30) Section 28-19.2 of this Code; | ||||||
17 | (31) Section 34-21.6 of this Code; and | ||||||
18 | (32) Section 22-85.10 of this Code ; and . | ||||||
19 | (37) Sections 10-20.87 and 34-18.87 of this Code. | ||||||
20 | The change made by Public Act 96-104 to this subsection | ||||||
21 | (g) is declaratory of existing law. | ||||||
22 | (h) A charter school may negotiate and contract with a | ||||||
23 | school district, the governing body of a State college or | ||||||
24 | university or public community college, or any other public or | ||||||
25 | for-profit or nonprofit private entity for: (i) the use of a | ||||||
26 | school building and grounds or any other real property or |
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1 | facilities that the charter school desires to use or convert | ||||||
2 | for use as a charter school site, (ii) the operation and | ||||||
3 | maintenance thereof, and (iii) the provision of any service, | ||||||
4 | activity, or undertaking that the charter school is required | ||||||
5 | to perform in order to carry out the terms of its charter. | ||||||
6 | Except as provided in subsection (i) of this Section, a school | ||||||
7 | district may charge a charter school reasonable rent for the | ||||||
8 | use of the district's buildings, grounds, and facilities. Any | ||||||
9 | services for which a charter school contracts with a school | ||||||
10 | district shall be provided by the district at cost. Any | ||||||
11 | services for which a charter school contracts with a local | ||||||
12 | school board or with the governing body of a State college or | ||||||
13 | university or public community college shall be provided by | ||||||
14 | the public entity at cost. | ||||||
15 | (i) In no event shall a charter school that is established | ||||||
16 | by converting an existing school or attendance center to | ||||||
17 | charter school status be required to pay rent for space that is | ||||||
18 | deemed available, as negotiated and provided in the charter | ||||||
19 | agreement, in school district facilities. However, all other | ||||||
20 | costs for the operation and maintenance of school district | ||||||
21 | facilities that are used by the charter school shall be | ||||||
22 | subject to negotiation between the charter school and the | ||||||
23 | local school board and shall be set forth in the charter. | ||||||
24 | (j) A charter school may limit student enrollment by age | ||||||
25 | or grade level. | ||||||
26 | (k) If the charter school is authorized by the State |
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1 | Board, then the charter school is its own local education | ||||||
2 | agency. | ||||||
3 | (Source: P.A. 102-51, eff. 7-9-21; 102-157, eff. 7-1-22; | ||||||
4 | 102-360, eff. 1-1-22; 102-445, eff. 8-20-21; 102-522, eff. | ||||||
5 | 8-20-21; 102-558, eff. 8-20-21; 102-676, eff. 12-3-21; | ||||||
6 | 102-697, eff. 4-5-22; 102-702, eff. 7-1-23; 102-805, eff. | ||||||
7 | 1-1-23; 102-813, eff. 5-13-22; 103-154, eff. 6-30-23; 103-175, | ||||||
8 | eff. 6-30-23.)
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9 | (Text of Section after amendment by P.A. 103-472 but | ||||||
10 | before amendment by P.A. 102-466 ) | ||||||
11 | Sec. 27A-5. Charter school; legal entity; requirements. | ||||||
12 | (a) A charter school shall be a public, nonsectarian, | ||||||
13 | nonreligious, non-home based, and non-profit school. A charter | ||||||
14 | school shall be organized and operated as a nonprofit | ||||||
15 | corporation or other discrete, legal, nonprofit entity | ||||||
16 | authorized under the laws of the State of Illinois. | ||||||
17 | (b) A charter school may be established under this Article | ||||||
18 | by creating a new school or by converting an existing public | ||||||
19 | school or attendance center to charter school status. In all | ||||||
20 | new applications to establish a charter school in a city | ||||||
21 | having a population exceeding 500,000, operation of the | ||||||
22 | charter school shall be limited to one campus. This limitation | ||||||
23 | does not apply to charter schools existing or approved on or | ||||||
24 | before April 16, 2003. | ||||||
25 | (b-5) (Blank). |
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1 | (c) A charter school shall be administered and governed by | ||||||
2 | its board of directors or other governing body in the manner | ||||||
3 | provided in its charter. The governing body of a charter | ||||||
4 | school shall be subject to the Freedom of Information Act and | ||||||
5 | the Open Meetings Act. A charter school's board of directors | ||||||
6 | or other governing body must include at least one parent or | ||||||
7 | guardian of a pupil currently enrolled in the charter school | ||||||
8 | who may be selected through the charter school or a charter | ||||||
9 | network election, appointment by the charter school's board of | ||||||
10 | directors or other governing body, or by the charter school's | ||||||
11 | Parent Teacher Organization or its equivalent. | ||||||
12 | (c-5) No later than January 1, 2021 or within the first | ||||||
13 | year of his or her first term, every voting member of a charter | ||||||
14 | school's board of directors or other governing body shall | ||||||
15 | complete a minimum of 4 hours of professional development | ||||||
16 | leadership training to ensure that each member has sufficient | ||||||
17 | familiarity with the board's or governing body's role and | ||||||
18 | responsibilities, including financial oversight and | ||||||
19 | accountability of the school, evaluating the principal's and | ||||||
20 | school's performance, adherence to the Freedom of Information | ||||||
21 | Act and the Open Meetings Act, and compliance with education | ||||||
22 | and labor law. In each subsequent year of his or her term, a | ||||||
23 | voting member of a charter school's board of directors or | ||||||
24 | other governing body shall complete a minimum of 2 hours of | ||||||
25 | professional development training in these same areas. The | ||||||
26 | training under this subsection may be provided or certified by |
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1 | a statewide charter school membership association or may be | ||||||
2 | provided or certified by other qualified providers approved by | ||||||
3 | the State Board. | ||||||
4 | (d) For purposes of this subsection (d), "non-curricular | ||||||
5 | health and safety requirement" means any health and safety | ||||||
6 | requirement created by statute or rule to provide, maintain, | ||||||
7 | preserve, or safeguard safe or healthful conditions for | ||||||
8 | students and school personnel or to eliminate, reduce, or | ||||||
9 | prevent threats to the health and safety of students and | ||||||
10 | school personnel. "Non-curricular health and safety | ||||||
11 | requirement" does not include any course of study or | ||||||
12 | specialized instructional requirement for which the State | ||||||
13 | Board has established goals and learning standards or which is | ||||||
14 | designed primarily to impart knowledge and skills for students | ||||||
15 | to master and apply as an outcome of their education. | ||||||
16 | A charter school shall comply with all non-curricular | ||||||
17 | health and safety requirements applicable to public schools | ||||||
18 | under the laws of the State of Illinois. The State Board shall | ||||||
19 | promulgate and post on its Internet website a list of | ||||||
20 | non-curricular health and safety requirements that a charter | ||||||
21 | school must meet. The list shall be updated annually no later | ||||||
22 | than September 1. Any charter contract between a charter | ||||||
23 | school and its authorizer must contain a provision that | ||||||
24 | requires the charter school to follow the list of all | ||||||
25 | non-curricular health and safety requirements promulgated by | ||||||
26 | the State Board and any non-curricular health and safety |
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1 | requirements added by the State Board to such list during the | ||||||
2 | term of the charter. Nothing in this subsection (d) precludes | ||||||
3 | an authorizer from including non-curricular health and safety | ||||||
4 | requirements in a charter school contract that are not | ||||||
5 | contained in the list promulgated by the State Board, | ||||||
6 | including non-curricular health and safety requirements of the | ||||||
7 | authorizing local school board. | ||||||
8 | (e) Except as otherwise provided in the School Code, a | ||||||
9 | charter school shall not charge tuition; provided that a | ||||||
10 | charter school may charge reasonable fees for textbooks, | ||||||
11 | instructional materials, and student activities. | ||||||
12 | (f) A charter school shall be responsible for the | ||||||
13 | management and operation of its fiscal affairs, including, but | ||||||
14 | not limited to, the preparation of its budget. An audit of each | ||||||
15 | charter school's finances shall be conducted annually by an | ||||||
16 | outside, independent contractor retained by the charter | ||||||
17 | school. The contractor shall not be an employee of the charter | ||||||
18 | school or affiliated with the charter school or its authorizer | ||||||
19 | in any way, other than to audit the charter school's finances. | ||||||
20 | To ensure financial accountability for the use of public | ||||||
21 | funds, on or before December 1 of every year of operation, each | ||||||
22 | charter school shall submit to its authorizer and the State | ||||||
23 | Board a copy of its audit and a copy of the Form 990 the | ||||||
24 | charter school filed that year with the federal Internal | ||||||
25 | Revenue Service. In addition, if deemed necessary for proper | ||||||
26 | financial oversight of the charter school, an authorizer may |
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1 | require quarterly financial statements from each charter | ||||||
2 | school. | ||||||
3 | (g) A charter school shall comply with all provisions of | ||||||
4 | this Article, the Illinois Educational Labor Relations Act, | ||||||
5 | all federal and State laws and rules applicable to public | ||||||
6 | schools that pertain to special education and the instruction | ||||||
7 | of English learners, and its charter. A charter school is | ||||||
8 | exempt from all other State laws and regulations in this Code | ||||||
9 | governing public schools and local school board policies; | ||||||
10 | however, a charter school is not exempt from the following: | ||||||
11 | (1) Sections 10-21.9 and 34-18.5 of this Code | ||||||
12 | regarding criminal history records checks and checks of | ||||||
13 | the Statewide Sex Offender Database and Statewide Murderer | ||||||
14 | and Violent Offender Against Youth Database of applicants | ||||||
15 | for employment; | ||||||
16 | (2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and | ||||||
17 | 34-84a of this Code regarding discipline of students; | ||||||
18 | (3) the Local Governmental and Governmental Employees | ||||||
19 | Tort Immunity Act; | ||||||
20 | (4) Section 108.75 of the General Not For Profit | ||||||
21 | Corporation Act of 1986 regarding indemnification of | ||||||
22 | officers, directors, employees, and agents; | ||||||
23 | (5) the Abused and Neglected Child Reporting Act; | ||||||
24 | (5.5) subsection (b) of Section 10-23.12 and | ||||||
25 | subsection (b) of Section 34-18.6 of this Code; | ||||||
26 | (6) the Illinois School Student Records Act; |
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1 | (7) Section 10-17a of this Code regarding school | ||||||
2 | report cards; | ||||||
3 | (8) the P-20 Longitudinal Education Data System Act; | ||||||
4 | (9) Section 27-23.7 of this Code regarding bullying | ||||||
5 | prevention; | ||||||
6 | (10) Section 2-3.162 of this Code regarding student | ||||||
7 | discipline reporting; | ||||||
8 | (11) Sections 22-80 and 27-8.1 of this Code; | ||||||
9 | (12) Sections 10-20.60 and 34-18.53 of this Code; | ||||||
10 | (13) Sections 10-20.63 and 34-18.56 of this Code; | ||||||
11 | (14) Sections 22-90 and 26-18 of this Code; | ||||||
12 | (15) Section 22-30 of this Code; | ||||||
13 | (16) Sections 24-12 and 34-85 of this Code; | ||||||
14 | (17) the Seizure Smart School Act; | ||||||
15 | (18) Section 2-3.64a-10 of this Code; | ||||||
16 | (19) Sections 10-20.73 and 34-21.9 of this Code; | ||||||
17 | (20) Section 10-22.25b of this Code; | ||||||
18 | (21) Section 27-9.1a of this Code; | ||||||
19 | (22) Section 27-9.1b of this Code; | ||||||
20 | (23) Section 34-18.8 of this Code; | ||||||
21 | (25) Section 2-3.188 of this Code; | ||||||
22 | (26) Section 22-85.5 of this Code; | ||||||
23 | (27) subsections (d-10), (d-15), and (d-20) of Section | ||||||
24 | 10-20.56 of this Code; | ||||||
25 | (28) Sections 10-20.83 and 34-18.78 of this Code; | ||||||
26 | (29) Section 10-20.13 of this Code; |
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1 | (30) Section 28-19.2 of this Code; | ||||||
2 | (31) Section 34-21.6 of this Code; and | ||||||
3 | (32) Section 22-85.10 of this Code; | ||||||
4 | (33) Section 2-3.196 of this Code; | ||||||
5 | (34) Section 22-95 of this Code; | ||||||
6 | (35) Section 34-18.62 of this Code; and | ||||||
7 | (36) the Illinois Human Rights Act ; and . | ||||||
8 | (37) Sections 10-20.87 and 34-18.87 of this Code. | ||||||
9 | The change made by Public Act 96-104 to this subsection | ||||||
10 | (g) is declaratory of existing law. | ||||||
11 | (h) A charter school may negotiate and contract with a | ||||||
12 | school district, the governing body of a State college or | ||||||
13 | university or public community college, or any other public or | ||||||
14 | for-profit or nonprofit private entity for: (i) the use of a | ||||||
15 | school building and grounds or any other real property or | ||||||
16 | facilities that the charter school desires to use or convert | ||||||
17 | for use as a charter school site, (ii) the operation and | ||||||
18 | maintenance thereof, and (iii) the provision of any service, | ||||||
19 | activity, or undertaking that the charter school is required | ||||||
20 | to perform in order to carry out the terms of its charter. | ||||||
21 | Except as provided in subsection (i) of this Section, a school | ||||||
22 | district may charge a charter school reasonable rent for the | ||||||
23 | use of the district's buildings, grounds, and facilities. Any | ||||||
24 | services for which a charter school contracts with a school | ||||||
25 | district shall be provided by the district at cost. Any | ||||||
26 | services for which a charter school contracts with a local |
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1 | school board or with the governing body of a State college or | ||||||
2 | university or public community college shall be provided by | ||||||
3 | the public entity at cost. | ||||||
4 | (i) In no event shall a charter school that is established | ||||||
5 | by converting an existing school or attendance center to | ||||||
6 | charter school status be required to pay rent for space that is | ||||||
7 | deemed available, as negotiated and provided in the charter | ||||||
8 | agreement, in school district facilities. However, all other | ||||||
9 | costs for the operation and maintenance of school district | ||||||
10 | facilities that are used by the charter school shall be | ||||||
11 | subject to negotiation between the charter school and the | ||||||
12 | local school board and shall be set forth in the charter. | ||||||
13 | (j) A charter school may limit student enrollment by age | ||||||
14 | or grade level. | ||||||
15 | (k) If the charter school is authorized by the State | ||||||
16 | Board, then the charter school is its own local education | ||||||
17 | agency. | ||||||
18 | (Source: P.A. 102-51, eff. 7-9-21; 102-157, eff. 7-1-22; | ||||||
19 | 102-360, eff. 1-1-22; 102-445, eff. 8-20-21; 102-522, eff. | ||||||
20 | 8-20-21; 102-558, eff. 8-20-21; 102-676, eff. 12-3-21; | ||||||
21 | 102-697, eff. 4-5-22; 102-702, eff. 7-1-23; 102-805, eff. | ||||||
22 | 1-1-23; 102-813, eff. 5-13-22; 103-154, eff. 6-30-23; 103-175, | ||||||
23 | eff. 6-30-23; 103-472, eff. 8-1-24; revised 8-31-23.)
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24 | (Text of Section after 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, 24-24, 34-19, and | ||||||
5 | 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 | (24) Article 26A of this Code; | ||||||
10 | (25) Section 2-3.188 of this Code; | ||||||
11 | (26) Section 22-85.5 of this Code; | ||||||
12 | (27) subsections (d-10), (d-15), and (d-20) of Section | ||||||
13 | 10-20.56 of this Code; | ||||||
14 | (28) Sections 10-20.83 and 34-18.78 of this Code; | ||||||
15 | (29) Section 10-20.13 of this Code; | ||||||
16 | (30) Section 28-19.2 of this Code; | ||||||
17 | (31) Section 34-21.6 of this Code; and | ||||||
18 | (32) Section 22-85.10 of this Code; | ||||||
19 | (33) Section 2-3.196 of this Code; | ||||||
20 | (34) Section 22-95 of this Code; | ||||||
21 | (35) Section 34-18.62 of this Code; and | ||||||
22 | (36) the Illinois Human Rights Act ; and . | ||||||
23 | (37) Sections 10-20.87 and 34-18.87 of this Code. | ||||||
24 | The change made by Public Act 96-104 to this subsection | ||||||
25 | (g) is declaratory of existing law. | ||||||
26 | (h) A charter school may negotiate and contract with a |
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1 | school district, the governing body of a State college or | ||||||
2 | university or public community college, or any other public or | ||||||
3 | for-profit or nonprofit private entity for: (i) the use of a | ||||||
4 | school building and grounds or any other real property or | ||||||
5 | facilities that the charter school desires to use or convert | ||||||
6 | for use as a charter school site, (ii) the operation and | ||||||
7 | maintenance thereof, and (iii) the provision of any service, | ||||||
8 | activity, or undertaking that the charter school is required | ||||||
9 | to perform in order to carry out the terms of its charter. | ||||||
10 | Except as provided in subsection (i) of this Section, a school | ||||||
11 | district may charge a charter school reasonable rent for the | ||||||
12 | use of the district's buildings, grounds, and facilities. Any | ||||||
13 | services for which a charter school contracts with a school | ||||||
14 | district shall be provided by the district at cost. Any | ||||||
15 | services for which a charter school contracts with a local | ||||||
16 | school board or with the governing body of a State college or | ||||||
17 | university or public community college shall be provided by | ||||||
18 | the public entity at cost. | ||||||
19 | (i) In no event shall a charter school that is established | ||||||
20 | by converting an existing school or attendance center to | ||||||
21 | charter school status be required to pay rent for space that is | ||||||
22 | deemed available, as negotiated and provided in the charter | ||||||
23 | agreement, in school district facilities. However, all other | ||||||
24 | costs for the operation and maintenance of school district | ||||||
25 | facilities that are used by the charter school shall be | ||||||
26 | subject to negotiation between the charter school and the |
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1 | local school board and shall be set forth in the charter. | ||||||
2 | (j) A charter school may limit student enrollment by age | ||||||
3 | or grade level. | ||||||
4 | (k) If the charter school is authorized by the State | ||||||
5 | Board, then the charter school is its own local education | ||||||
6 | agency. | ||||||
7 | (Source: P.A. 102-51, eff. 7-9-21; 102-157, eff. 7-1-22; | ||||||
8 | 102-360, eff. 1-1-22; 102-445, eff. 8-20-21; 102-466, eff. | ||||||
9 | 7-1-25; 102-522, eff. 8-20-21; 102-558, eff. 8-20-21; 102-676, | ||||||
10 | eff. 12-3-21; 102-697, eff. 4-5-22; 102-702, eff. 7-1-23; | ||||||
11 | 102-805, eff. 1-1-23; 102-813, eff. 5-13-22; 103-154, eff. | ||||||
12 | 6-30-23; 103-175, eff. 6-30-23; 103-472, eff. 8-1-24; revised | ||||||
13 | 8-31-23.)
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14 | (105 ILCS 5/34-18.87 new) | ||||||
15 | Sec. 34-18.87. Mental health services notification. | ||||||
16 | (a) Beginning with the 2025-2026 school year, the school | ||||||
17 | district shall: | ||||||
18 | (1) notify the parents or guardians of each student | ||||||
19 | enrolled in the school district about any mental health | ||||||
20 | services available in the school in which the student is | ||||||
21 | enrolled, in the school district, or in the community | ||||||
22 | where the school is located; and | ||||||
23 | (2) notify each student enrolled in the district who | ||||||
24 | is 12 years of age or older of the following information in | ||||||
25 | an age and developmentally appropriate manner: |
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1 | (A) mental health services available in the school | ||||||
2 | in which the student is enrolled, in the school | ||||||
3 | district, or in the community where the school is | ||||||
4 | located; and | ||||||
5 | (B) the student's right to request to receive | ||||||
6 | counseling services or psychotherapy on an outpatient | ||||||
7 | basis under Section 3-550 of the Mental Health and | ||||||
8 | Developmental Disabilities Code. | ||||||
9 | (b) The school district shall provide the notifications | ||||||
10 | required under subsection (a) at the time of enrollment for | ||||||
11 | students enrolling in a school district for the first time, | ||||||
12 | prior to November 1 of each school year, and after January 1 | ||||||
13 | but prior to March 1 of each school year. The school district | ||||||
14 | shall consider the languages most commonly spoken in the | ||||||
15 | communities where the school district's schools are located | ||||||
16 | when sending notifications to parents or guardians. The school | ||||||
17 | district may refer parents or guardians to the Care Portal | ||||||
18 | established and maintained by the Department of Human Services | ||||||
19 | under Section 11.4 of the Mental Health and Developmental | ||||||
20 | Disabilities Administrative Act.
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21 | Section 95. No acceleration or delay. Where this Act makes | ||||||
22 | changes in a statute that is represented in this Act by text | ||||||
23 | that is not yet or no longer in effect (for example, a Section | ||||||
24 | represented by multiple versions), the use of that text does | ||||||
25 | not accelerate or delay the taking effect of (i) the changes |
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