103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB1833

 

Introduced 2/9/2023, by Sen. Elgie R. Sims, Jr.

 

SYNOPSIS AS INTRODUCED:
 
105 ILCS 5/27A-5
105 ILCS 5/28-22 new

    Amends the Instructional Materials Article of the School Code. Provides that a school district (including a charter school) shall require that books that are included as a part of any course, material, instruction, reading assignment, or other school curricula related to literature during the school year or that appear on summer reading lists must include books that are written by diverse authors, including, but not limited to, authors who are African American, women, Native American, LatinX, and Asian. Provides that reading material may not perpetuate bias against persons based on specified categories. Provides that for any school district utilizing federal funds under Title I, Part A of the federal Elementary and Secondary Education Act of 1965, the selection of each book to be included in a reading assignment, course material and instruction, or other school curricula related to literature must first receive prior approval from the school board before the book may be included. Provides that the criteria for the approval or denial of a book shall be determined by school board policy, but the minimum requirement is that the book may not be approved by the school board if the book contains language or material that is derogatory or racist or incites hate against any persons. Provides for rulemaking and guidelines. Effective immediately.


LRB103 27988 RJT 54367 b

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT
MAY APPLY

 

 

A BILL FOR

 

SB1833LRB103 27988 RJT 54367 b

1    AN ACT concerning education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The School Code is amended by changing Section
527A-5 and by adding Section 28-22 as follows:
 
6    (105 ILCS 5/27A-5)
7    (Text of Section before amendment by P.A. 102-466 and
8102-702)
9    Sec. 27A-5. Charter school; legal entity; requirements.
10    (a) A charter school shall be a public, nonsectarian,
11nonreligious, non-home based, and non-profit school. A charter
12school shall be organized and operated as a nonprofit
13corporation or other discrete, legal, nonprofit entity
14authorized under the laws of the State of Illinois.
15    (b) A charter school may be established under this Article
16by creating a new school or by converting an existing public
17school or attendance center to charter school status.
18Beginning on April 16, 2003 (the effective date of Public Act
1993-3), in all new applications to establish a charter school
20in a city having a population exceeding 500,000, operation of
21the charter school shall be limited to one campus. The changes
22made to this Section by Public Act 93-3 do not apply to charter
23schools existing or approved on or before April 16, 2003 (the

 

 

SB1833- 2 -LRB103 27988 RJT 54367 b

1effective date of Public Act 93-3).
2    (b-5) In this subsection (b-5), "virtual-schooling" means
3a cyber school where students engage in online curriculum and
4instruction via the Internet and electronic communication with
5their teachers at remote locations and with students
6participating at different times.
7    From April 1, 2013 through December 31, 2016, there is a
8moratorium on the establishment of charter schools with
9virtual-schooling components in school districts other than a
10school district organized under Article 34 of this Code. This
11moratorium does not apply to a charter school with
12virtual-schooling components existing or approved prior to
13April 1, 2013 or to the renewal of the charter of a charter
14school with virtual-schooling components already approved
15prior to April 1, 2013.
16    (c) A charter school shall be administered and governed by
17its board of directors or other governing body in the manner
18provided in its charter. The governing body of a charter
19school shall be subject to the Freedom of Information Act and
20the Open Meetings Act. No later than January 1, 2021 (one year
21after the effective date of Public Act 101-291), a charter
22school's board of directors or other governing body must
23include at least one parent or guardian of a pupil currently
24enrolled in the charter school who may be selected through the
25charter school or a charter network election, appointment by
26the charter school's board of directors or other governing

 

 

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1body, or by the charter school's Parent Teacher Organization
2or its equivalent.
3    (c-5) No later than January 1, 2021 (one year after the
4effective date of Public Act 101-291) or within the first year
5of his or her first term, every voting member of a charter
6school's board of directors or other governing body shall
7complete a minimum of 4 hours of professional development
8leadership training to ensure that each member has sufficient
9familiarity with the board's or governing body's role and
10responsibilities, including financial oversight and
11accountability of the school, evaluating the principal's and
12school's performance, adherence to the Freedom of Information
13Act and the Open Meetings Act, and compliance with education
14and labor law. In each subsequent year of his or her term, a
15voting member of a charter school's board of directors or
16other governing body shall complete a minimum of 2 hours of
17professional development training in these same areas. The
18training under this subsection may be provided or certified by
19a statewide charter school membership association or may be
20provided or certified by other qualified providers approved by
21the State Board of Education.
22    (d) For purposes of this subsection (d), "non-curricular
23health and safety requirement" means any health and safety
24requirement created by statute or rule to provide, maintain,
25preserve, or safeguard safe or healthful conditions for
26students and school personnel or to eliminate, reduce, or

 

 

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1prevent threats to the health and safety of students and
2school personnel. "Non-curricular health and safety
3requirement" does not include any course of study or
4specialized instructional requirement for which the State
5Board has established goals and learning standards or which is
6designed primarily to impart knowledge and skills for students
7to master and apply as an outcome of their education.
8    A charter school shall comply with all non-curricular
9health and safety requirements applicable to public schools
10under the laws of the State of Illinois. On or before September
111, 2015, the State Board shall promulgate and post on its
12Internet website a list of non-curricular health and safety
13requirements that a charter school must meet. The list shall
14be updated annually no later than September 1. Any charter
15contract between a charter school and its authorizer must
16contain a provision that requires the charter school to follow
17the list of all non-curricular health and safety requirements
18promulgated by the State Board and any non-curricular health
19and safety requirements added by the State Board to such list
20during the term of the charter. Nothing in this subsection (d)
21precludes an authorizer from including non-curricular health
22and safety requirements in a charter school contract that are
23not contained in the list promulgated by the State Board,
24including non-curricular health and safety requirements of the
25authorizing local school board.
26    (e) Except as otherwise provided in the School Code, a

 

 

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1charter school shall not charge tuition; provided that a
2charter school may charge reasonable fees for textbooks,
3instructional materials, and student activities.
4    (f) A charter school shall be responsible for the
5management and operation of its fiscal affairs, including, but
6not limited to, the preparation of its budget. An audit of each
7charter school's finances shall be conducted annually by an
8outside, independent contractor retained by the charter
9school. The contractor shall not be an employee of the charter
10school or affiliated with the charter school or its authorizer
11in any way, other than to audit the charter school's finances.
12To ensure financial accountability for the use of public
13funds, on or before December 1 of every year of operation, each
14charter school shall submit to its authorizer and the State
15Board a copy of its audit and a copy of the Form 990 the
16charter school filed that year with the federal Internal
17Revenue Service. In addition, if deemed necessary for proper
18financial oversight of the charter school, an authorizer may
19require quarterly financial statements from each charter
20school.
21    (g) A charter school shall comply with all provisions of
22this Article, the Illinois Educational Labor Relations Act,
23all federal and State laws and rules applicable to public
24schools that pertain to special education and the instruction
25of English learners, and its charter. A charter school is
26exempt from all other State laws and regulations in this Code

 

 

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1governing public schools and local school board policies;
2however, a charter school is not exempt from the following:
3        (1) Sections 10-21.9 and 34-18.5 of this Code
4    regarding criminal history records checks and checks of
5    the Statewide Sex Offender Database and Statewide Murderer
6    and Violent Offender Against Youth Database of applicants
7    for employment;
8        (2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and
9    34-84a of this Code regarding discipline of students;
10        (3) the Local Governmental and Governmental Employees
11    Tort Immunity Act;
12        (4) Section 108.75 of the General Not For Profit
13    Corporation Act of 1986 regarding indemnification of
14    officers, directors, employees, and agents;
15        (5) the Abused and Neglected Child Reporting Act;
16        (5.5) subsection (b) of Section 10-23.12 and
17    subsection (b) of Section 34-18.6 of this Code;
18        (6) the Illinois School Student Records Act;
19        (7) Section 10-17a of this Code regarding school
20    report cards;
21        (8) the P-20 Longitudinal Education Data System Act;
22        (9) Section 27-23.7 of this Code regarding bullying
23    prevention;
24        (10) Section 2-3.162 of this Code regarding student
25    discipline reporting;
26        (11) Sections 22-80 and 27-8.1 of this Code;

 

 

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1        (12) Sections 10-20.60 and 34-18.53 of this Code;
2        (13) Sections 10-20.63 and 34-18.56 of this Code;
3        (14) Sections 22-90 and 26-18 of this Code;
4        (15) Section 22-30 of this Code;
5        (16) Sections 24-12 and 34-85 of this Code;
6        (17) the Seizure Smart School Act;
7        (18) Section 2-3.64a-10 of this Code;
8        (19) Sections 10-20.73 and 34-21.9 of this Code;
9        (20) Section 10-22.25b of this Code;
10        (21) Section 27-9.1a of this Code;
11        (22) Section 27-9.1b of this Code;
12        (23) Section 34-18.8 of this Code;
13        (25) Section 2-3.188 of this Code;
14        (26) Section 22-85.5 of this Code;
15        (27) subsections Subsections (d-10), (d-15), and
16    (d-20) of Section 10-20.56 of this Code; and
17        (28) Sections 10-20.83 and 34-18.78 of this Code; .
18        (29) (27) Section 10-20.13 of this Code;
19        (30) (28) Section 28-19.2 of this Code; and
20        (31) (29) Section 34-21.6 of this Code; and .
21        (33) Section 28-22 of this Code.
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
25school district, the governing body of a State college or
26university or public community college, or any other public or

 

 

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1for-profit or nonprofit private entity for: (i) the use of a
2school building and grounds or any other real property or
3facilities that the charter school desires to use or convert
4for use as a charter school site, (ii) the operation and
5maintenance thereof, and (iii) the provision of any service,
6activity, or undertaking that the charter school is required
7to perform in order to carry out the terms of its charter.
8However, a charter school that is established on or after
9April 16, 2003 (the effective date of Public Act 93-3) and that
10operates in a city having a population exceeding 500,000 may
11not contract with a for-profit entity to manage or operate the
12school during the period that commences on April 16, 2003 (the
13effective date of Public Act 93-3) and concludes at the end of
14the 2004-2005 school year. Except as provided in subsection
15(i) of this Section, a school district may charge a charter
16school reasonable rent for the use of the district's
17buildings, grounds, and facilities. Any services for which a
18charter school contracts with a school district shall be
19provided by the district at cost. Any services for which a
20charter school contracts with a local school board or with the
21governing body of a State college or university or public
22community college shall be provided by the public entity at
23cost.
24    (i) In no event shall a charter school that is established
25by converting an existing school or attendance center to
26charter school status be required to pay rent for space that is

 

 

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1deemed available, as negotiated and provided in the charter
2agreement, in school district facilities. However, all other
3costs for the operation and maintenance of school district
4facilities that are used by the charter school shall be
5subject to negotiation between the charter school and the
6local school board and shall be set forth in the charter.
7    (j) A charter school may limit student enrollment by age
8or grade level.
9    (k) If the charter school is approved by the State Board or
10Commission, then the charter school is its own local education
11agency.
12(Source: P.A. 101-50, eff. 7-1-20; 101-81, eff. 7-12-19;
13101-291, eff. 1-1-20; 101-531, eff. 8-23-19; 101-543, eff.
148-23-19; 101-654, eff. 3-8-21; 102-51, eff. 7-9-21; 102-157,
15eff. 7-1-22; 102-360, eff. 1-1-22; 102-445, eff. 8-20-21;
16102-522, eff. 8-20-21; 102-558, eff. 8-20-21; 102-676, eff.
1712-3-21; 102-697, eff. 4-5-22; 102-805, eff. 1-1-23; 102-813,
18eff. 5-13-22; revised 12-13-22.)
 
19    (Text of Section after amendment by P.A. 102-702 but
20before amendment by P.A. 102-466)
21    Sec. 27A-5. Charter school; legal entity; requirements.
22    (a) A charter school shall be a public, nonsectarian,
23nonreligious, non-home based, and non-profit school. A charter
24school shall be organized and operated as a nonprofit
25corporation or other discrete, legal, nonprofit entity

 

 

SB1833- 10 -LRB103 27988 RJT 54367 b

1authorized under the laws of the State of Illinois.
2    (b) A charter school may be established under this Article
3by creating a new school or by converting an existing public
4school or attendance center to charter school status.
5Beginning on April 16, 2003 (the effective date of Public Act
693-3), in all new applications to establish a charter school
7in a city having a population exceeding 500,000, operation of
8the charter school shall be limited to one campus. The changes
9made to this Section by Public Act 93-3 do not apply to charter
10schools existing or approved on or before April 16, 2003 (the
11effective date of Public Act 93-3).
12    (b-5) In this subsection (b-5), "virtual-schooling" means
13a cyber school where students engage in online curriculum and
14instruction via the Internet and electronic communication with
15their teachers at remote locations and with students
16participating at different times.
17    From April 1, 2013 through December 31, 2016, there is a
18moratorium on the establishment of charter schools with
19virtual-schooling components in school districts other than a
20school district organized under Article 34 of this Code. This
21moratorium does not apply to a charter school with
22virtual-schooling components existing or approved prior to
23April 1, 2013 or to the renewal of the charter of a charter
24school with virtual-schooling components already approved
25prior to April 1, 2013.
26    (c) A charter school shall be administered and governed by

 

 

SB1833- 11 -LRB103 27988 RJT 54367 b

1its board of directors or other governing body in the manner
2provided in its charter. The governing body of a charter
3school shall be subject to the Freedom of Information Act and
4the Open Meetings Act. No later than January 1, 2021 (one year
5after the effective date of Public Act 101-291), a charter
6school's board of directors or other governing body must
7include at least one parent or guardian of a pupil currently
8enrolled in the charter school who may be selected through the
9charter school or a charter network election, appointment by
10the charter school's board of directors or other governing
11body, or by the charter school's Parent Teacher Organization
12or its equivalent.
13    (c-5) No later than January 1, 2021 (one year after the
14effective date of Public Act 101-291) or within the first year
15of his or her first term, every voting member of a charter
16school's board of directors or other governing body shall
17complete a minimum of 4 hours of professional development
18leadership training to ensure that each member has sufficient
19familiarity with the board's or governing body's role and
20responsibilities, including financial oversight and
21accountability of the school, evaluating the principal's and
22school's performance, adherence to the Freedom of Information
23Act and the Open Meetings Act, and compliance with education
24and labor law. In each subsequent year of his or her term, a
25voting member of a charter school's board of directors or
26other governing body shall complete a minimum of 2 hours of

 

 

SB1833- 12 -LRB103 27988 RJT 54367 b

1professional development training in these same areas. The
2training under this subsection may be provided or certified by
3a statewide charter school membership association or may be
4provided or certified by other qualified providers approved by
5the State Board of Education.
6    (d) For purposes of this subsection (d), "non-curricular
7health and safety requirement" means any health and safety
8requirement created by statute or rule to provide, maintain,
9preserve, or safeguard safe or healthful conditions for
10students and school personnel or to eliminate, reduce, or
11prevent threats to the health and safety of students and
12school personnel. "Non-curricular health and safety
13requirement" does not include any course of study or
14specialized instructional requirement for which the State
15Board has established goals and learning standards or which is
16designed primarily to impart knowledge and skills for students
17to master and apply as an outcome of their education.
18    A charter school shall comply with all non-curricular
19health and safety requirements applicable to public schools
20under the laws of the State of Illinois. On or before September
211, 2015, the State Board shall promulgate and post on its
22Internet website a list of non-curricular health and safety
23requirements that a charter school must meet. The list shall
24be updated annually no later than September 1. Any charter
25contract between a charter school and its authorizer must
26contain a provision that requires the charter school to follow

 

 

SB1833- 13 -LRB103 27988 RJT 54367 b

1the list of all non-curricular health and safety requirements
2promulgated by the State Board and any non-curricular health
3and safety requirements added by the State Board to such list
4during the term of the charter. Nothing in this subsection (d)
5precludes an authorizer from including non-curricular health
6and safety requirements in a charter school contract that are
7not contained in the list promulgated by the State Board,
8including non-curricular health and safety requirements of the
9authorizing local school board.
10    (e) Except as otherwise provided in the School Code, a
11charter school shall not charge tuition; provided that a
12charter school may charge reasonable fees for textbooks,
13instructional materials, and student activities.
14    (f) A charter school shall be responsible for the
15management and operation of its fiscal affairs, including, but
16not limited to, the preparation of its budget. An audit of each
17charter school's finances shall be conducted annually by an
18outside, independent contractor retained by the charter
19school. The contractor shall not be an employee of the charter
20school or affiliated with the charter school or its authorizer
21in any way, other than to audit the charter school's finances.
22To ensure financial accountability for the use of public
23funds, on or before December 1 of every year of operation, each
24charter school shall submit to its authorizer and the State
25Board a copy of its audit and a copy of the Form 990 the
26charter school filed that year with the federal Internal

 

 

SB1833- 14 -LRB103 27988 RJT 54367 b

1Revenue Service. In addition, if deemed necessary for proper
2financial oversight of the charter school, an authorizer may
3require quarterly financial statements from each charter
4school.
5    (g) A charter school shall comply with all provisions of
6this Article, the Illinois Educational Labor Relations Act,
7all federal and State laws and rules applicable to public
8schools that pertain to special education and the instruction
9of English learners, and its charter. A charter school is
10exempt from all other State laws and regulations in this Code
11governing public schools and local school board policies;
12however, a charter school is not exempt from the following:
13        (1) Sections 10-21.9 and 34-18.5 of this Code
14    regarding criminal history records checks and checks of
15    the Statewide Sex Offender Database and Statewide Murderer
16    and Violent Offender Against Youth Database of applicants
17    for employment;
18        (2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and
19    34-84a of this Code regarding discipline of students;
20        (3) the Local Governmental and Governmental Employees
21    Tort Immunity Act;
22        (4) Section 108.75 of the General Not For Profit
23    Corporation Act of 1986 regarding indemnification of
24    officers, directors, employees, and agents;
25        (5) the Abused and Neglected Child Reporting Act;
26        (5.5) subsection (b) of Section 10-23.12 and

 

 

SB1833- 15 -LRB103 27988 RJT 54367 b

1    subsection (b) of Section 34-18.6 of this Code;
2        (6) the Illinois School Student Records Act;
3        (7) Section 10-17a of this Code regarding school
4    report cards;
5        (8) the P-20 Longitudinal Education Data System Act;
6        (9) Section 27-23.7 of this Code regarding bullying
7    prevention;
8        (10) Section 2-3.162 of this Code regarding student
9    discipline reporting;
10        (11) Sections 22-80 and 27-8.1 of this Code;
11        (12) Sections 10-20.60 and 34-18.53 of this Code;
12        (13) Sections 10-20.63 and 34-18.56 of this Code;
13        (14) Sections 22-90 and 26-18 of this Code;
14        (15) Section 22-30 of this Code;
15        (16) Sections 24-12 and 34-85 of this Code;
16        (17) the Seizure Smart School Act;
17        (18) Section 2-3.64a-10 of this Code;
18        (19) Sections 10-20.73 and 34-21.9 of this Code;
19        (20) Section 10-22.25b of this Code;
20        (21) Section 27-9.1a of this Code;
21        (22) Section 27-9.1b of this Code;
22        (23) Section 34-18.8 of this Code; and
23        (25) Section 2-3.188 of this Code;
24        (26) Section 22-85.5 of this Code;
25        (27) subsections Subsections (d-10), (d-15), and
26    (d-20) of Section 10-20.56 of this Code; and

 

 

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1        (28) Sections 10-20.83 and 34-18.78 of this Code; .
2        (29) (27) Section 10-20.13 of this Code;
3        (30) (28) Section 28-19.2 of this Code; and
4        (31) (29) Section 34-21.6 of this Code; .
5        (32) (25) Section 22-85.10 of this Code; and .
6        (33) Section 28-22 of this Code.
7    The change made by Public Act 96-104 to this subsection
8(g) is declaratory of existing law.
9    (h) A charter school may negotiate and contract with a
10school district, the governing body of a State college or
11university or public community college, or any other public or
12for-profit or nonprofit private entity for: (i) the use of a
13school building and grounds or any other real property or
14facilities that the charter school desires to use or convert
15for use as a charter school site, (ii) the operation and
16maintenance thereof, and (iii) the provision of any service,
17activity, or undertaking that the charter school is required
18to perform in order to carry out the terms of its charter.
19However, a charter school that is established on or after
20April 16, 2003 (the effective date of Public Act 93-3) and that
21operates in a city having a population exceeding 500,000 may
22not contract with a for-profit entity to manage or operate the
23school during the period that commences on April 16, 2003 (the
24effective date of Public Act 93-3) and concludes at the end of
25the 2004-2005 school year. Except as provided in subsection
26(i) of this Section, a school district may charge a charter

 

 

SB1833- 17 -LRB103 27988 RJT 54367 b

1school reasonable rent for the use of the district's
2buildings, grounds, and facilities. Any services for which a
3charter school contracts with a school district shall be
4provided by the district at cost. Any services for which a
5charter school contracts with a local school board or with the
6governing body of a State college or university or public
7community college shall be provided by the public entity at
8cost.
9    (i) In no event shall a charter school that is established
10by converting an existing school or attendance center to
11charter school status be required to pay rent for space that is
12deemed available, as negotiated and provided in the charter
13agreement, in school district facilities. However, all other
14costs for the operation and maintenance of school district
15facilities that are used by the charter school shall be
16subject to negotiation between the charter school and the
17local school board and shall be set forth in the charter.
18    (j) A charter school may limit student enrollment by age
19or grade level.
20    (k) If the charter school is approved by the State Board or
21Commission, then the charter school is its own local education
22agency.
23(Source: P.A. 101-50, eff. 7-1-20; 101-81, eff. 7-12-19;
24101-291, eff. 1-1-20; 101-531, eff. 8-23-19; 101-543, eff.
258-23-19; 101-654, eff. 3-8-21; 102-51, eff. 7-9-21; 102-157,
26eff. 7-1-22; 102-360, eff. 1-1-22; 102-445, eff. 8-20-21;

 

 

SB1833- 18 -LRB103 27988 RJT 54367 b

1102-522, eff. 8-20-21; 102-558, eff. 8-20-21; 102-676, eff.
212-3-21; 102-697, eff. 4-5-22; 102-702, eff. 7-1-23; 102-805,
3eff. 1-1-23; 102-813, eff. 5-13-22; revised 12-13-22.)
 
4    (Text of Section after amendment by P.A. 102-466)
5    Sec. 27A-5. Charter school; legal entity; requirements.
6    (a) A charter school shall be a public, nonsectarian,
7nonreligious, non-home based, and non-profit school. A charter
8school shall be organized and operated as a nonprofit
9corporation or other discrete, legal, nonprofit entity
10authorized under the laws of the State of Illinois.
11    (b) A charter school may be established under this Article
12by creating a new school or by converting an existing public
13school or attendance center to charter school status.
14Beginning on April 16, 2003 (the effective date of Public Act
1593-3), in all new applications to establish a charter school
16in a city having a population exceeding 500,000, operation of
17the charter school shall be limited to one campus. The changes
18made to this Section by Public Act 93-3 do not apply to charter
19schools existing or approved on or before April 16, 2003 (the
20effective date of Public Act 93-3).
21    (b-5) In this subsection (b-5), "virtual-schooling" means
22a cyber school where students engage in online curriculum and
23instruction via the Internet and electronic communication with
24their teachers at remote locations and with students
25participating at different times.

 

 

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1    From April 1, 2013 through December 31, 2016, there is a
2moratorium on the establishment of charter schools with
3virtual-schooling components in school districts other than a
4school district organized under Article 34 of this Code. This
5moratorium does not apply to a charter school with
6virtual-schooling components existing or approved prior to
7April 1, 2013 or to the renewal of the charter of a charter
8school with virtual-schooling components already approved
9prior to April 1, 2013.
10    (c) A charter school shall be administered and governed by
11its board of directors or other governing body in the manner
12provided in its charter. The governing body of a charter
13school shall be subject to the Freedom of Information Act and
14the Open Meetings Act. No later than January 1, 2021 (one year
15after the effective date of Public Act 101-291), a charter
16school's board of directors or other governing body must
17include at least one parent or guardian of a pupil currently
18enrolled in the charter school who may be selected through the
19charter school or a charter network election, appointment by
20the charter school's board of directors or other governing
21body, or by the charter school's Parent Teacher Organization
22or its equivalent.
23    (c-5) No later than January 1, 2021 (one year after the
24effective date of Public Act 101-291) or within the first year
25of his or her first term, every voting member of a charter
26school's board of directors or other governing body shall

 

 

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1complete a minimum of 4 hours of professional development
2leadership training to ensure that each member has sufficient
3familiarity with the board's or governing body's role and
4responsibilities, including financial oversight and
5accountability of the school, evaluating the principal's and
6school's performance, adherence to the Freedom of Information
7Act and the Open Meetings Act, and compliance with education
8and labor law. In each subsequent year of his or her term, a
9voting member of a charter school's board of directors or
10other governing body shall complete a minimum of 2 hours of
11professional development training in these same areas. The
12training under this subsection may be provided or certified by
13a statewide charter school membership association or may be
14provided or certified by other qualified providers approved by
15the State Board of Education.
16    (d) For purposes of this subsection (d), "non-curricular
17health and safety requirement" means any health and safety
18requirement created by statute or rule to provide, maintain,
19preserve, or safeguard safe or healthful conditions for
20students and school personnel or to eliminate, reduce, or
21prevent threats to the health and safety of students and
22school personnel. "Non-curricular health and safety
23requirement" does not include any course of study or
24specialized instructional requirement for which the State
25Board has established goals and learning standards or which is
26designed primarily to impart knowledge and skills for students

 

 

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1to master and apply as an outcome of their education.
2    A charter school shall comply with all non-curricular
3health and safety requirements applicable to public schools
4under the laws of the State of Illinois. On or before September
51, 2015, the State Board shall promulgate and post on its
6Internet website a list of non-curricular health and safety
7requirements that a charter school must meet. The list shall
8be updated annually no later than September 1. Any charter
9contract between a charter school and its authorizer must
10contain a provision that requires the charter school to follow
11the list of all non-curricular health and safety requirements
12promulgated by the State Board and any non-curricular health
13and safety requirements added by the State Board to such list
14during the term of the charter. Nothing in this subsection (d)
15precludes an authorizer from including non-curricular health
16and safety requirements in a charter school contract that are
17not contained in the list promulgated by the State Board,
18including non-curricular health and safety requirements of the
19authorizing local school board.
20    (e) Except as otherwise provided in the School Code, a
21charter school shall not charge tuition; provided that a
22charter school may charge reasonable fees for textbooks,
23instructional materials, and student activities.
24    (f) A charter school shall be responsible for the
25management and operation of its fiscal affairs, including, but
26not limited to, the preparation of its budget. An audit of each

 

 

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1charter school's finances shall be conducted annually by an
2outside, independent contractor retained by the charter
3school. The contractor shall not be an employee of the charter
4school or affiliated with the charter school or its authorizer
5in any way, other than to audit the charter school's finances.
6To ensure financial accountability for the use of public
7funds, on or before December 1 of every year of operation, each
8charter school shall submit to its authorizer and the State
9Board a copy of its audit and a copy of the Form 990 the
10charter school filed that year with the federal Internal
11Revenue Service. In addition, if deemed necessary for proper
12financial oversight of the charter school, an authorizer may
13require quarterly financial statements from each charter
14school.
15    (g) A charter school shall comply with all provisions of
16this Article, the Illinois Educational Labor Relations Act,
17all federal and State laws and rules applicable to public
18schools that pertain to special education and the instruction
19of English learners, and its charter. A charter school is
20exempt from all other State laws and regulations in this Code
21governing public schools and local school board policies;
22however, a charter school is not exempt from the following:
23        (1) Sections 10-21.9 and 34-18.5 of this Code
24    regarding criminal history records checks and checks of
25    the Statewide Sex Offender Database and Statewide Murderer
26    and Violent Offender Against Youth Database of applicants

 

 

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1    for employment;
2        (2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and
3    34-84a of this Code regarding discipline of students;
4        (3) the Local Governmental and Governmental Employees
5    Tort Immunity Act;
6        (4) Section 108.75 of the General Not For Profit
7    Corporation Act of 1986 regarding indemnification of
8    officers, directors, employees, and agents;
9        (5) the Abused and Neglected Child Reporting Act;
10        (5.5) subsection (b) of Section 10-23.12 and
11    subsection (b) of Section 34-18.6 of this Code;
12        (6) the Illinois School Student Records Act;
13        (7) Section 10-17a of this Code regarding school
14    report cards;
15        (8) the P-20 Longitudinal Education Data System Act;
16        (9) Section 27-23.7 of this Code regarding bullying
17    prevention;
18        (10) Section 2-3.162 of this Code regarding student
19    discipline reporting;
20        (11) Sections 22-80 and 27-8.1 of this Code;
21        (12) Sections 10-20.60 and 34-18.53 of this Code;
22        (13) Sections 10-20.63 and 34-18.56 of this Code;
23        (14) Sections 22-90 and 26-18 of this Code;
24        (15) Section 22-30 of this Code;
25        (16) Sections 24-12 and 34-85 of this Code;
26        (17) the Seizure Smart School Act;

 

 

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1        (18) Section 2-3.64a-10 of this Code;
2        (19) Sections 10-20.73 and 34-21.9 of this Code;
3        (20) Section 10-22.25b of this Code;
4        (21) Section 27-9.1a of this Code;
5        (22) Section 27-9.1b of this Code;
6        (23) Section 34-18.8 of this Code;
7        (24) Article 26A of this Code; and
8        (25) Section 2-3.188 of this Code;
9        (26) Section 22-85.5 of this Code;
10        (27) subsections Subsections (d-10), (d-15), and
11    (d-20) of Section 10-20.56 of this Code; and
12        (28) Sections 10-20.83 and 34-18.78 of this Code; .
13        (29) (27) Section 10-20.13 of this Code;
14        (30) (28) Section 28-19.2 of this Code; and
15        (31) (29) Section 34-21.6 of this Code; .
16        (32) (25) Section 22-85.10 of this Code; and .
17        (33) Section 28-22 of this Code.
18    The change made by Public Act 96-104 to this subsection
19(g) is declaratory of existing law.
20    (h) A charter school may negotiate and contract with a
21school district, the governing body of a State college or
22university or public community college, or any other public or
23for-profit or nonprofit private entity for: (i) the use of a
24school building and grounds or any other real property or
25facilities that the charter school desires to use or convert
26for use as a charter school site, (ii) the operation and

 

 

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1maintenance thereof, and (iii) the provision of any service,
2activity, or undertaking that the charter school is required
3to perform in order to carry out the terms of its charter.
4However, a charter school that is established on or after
5April 16, 2003 (the effective date of Public Act 93-3) and that
6operates in a city having a population exceeding 500,000 may
7not contract with a for-profit entity to manage or operate the
8school during the period that commences on April 16, 2003 (the
9effective date of Public Act 93-3) and concludes at the end of
10the 2004-2005 school year. Except as provided in subsection
11(i) of this Section, a school district may charge a charter
12school reasonable rent for the use of the district's
13buildings, grounds, and facilities. Any services for which a
14charter school contracts with a school district shall be
15provided by the district at cost. Any services for which a
16charter school contracts with a local school board or with the
17governing body of a State college or university or public
18community college shall be provided by the public entity at
19cost.
20    (i) In no event shall a charter school that is established
21by converting an existing school or attendance center to
22charter school status be required to pay rent for space that is
23deemed available, as negotiated and provided in the charter
24agreement, in school district facilities. However, all other
25costs for the operation and maintenance of school district
26facilities that are used by the charter school shall be

 

 

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1subject to negotiation between the charter school and the
2local school board and shall be set forth in the charter.
3    (j) A charter school may limit student enrollment by age
4or grade level.
5    (k) If the charter school is approved by the State Board or
6Commission, then the charter school is its own local education
7agency.
8(Source: P.A. 101-50, eff. 7-1-20; 101-81, eff. 7-12-19;
9101-291, eff. 1-1-20; 101-531, eff. 8-23-19; 101-543, eff.
108-23-19; 101-654, eff. 3-8-21; 102-51, eff. 7-9-21; 102-157,
11eff. 7-1-22; 102-360, eff. 1-1-22; 102-445, eff. 8-20-21;
12102-466, eff. 7-1-25; 102-522, eff. 8-20-21; 102-558, eff.
138-20-21; 102-676, eff. 12-3-21; 102-697, eff. 4-5-22; 102-702,
14eff. 7-1-23; 102-805, eff. 1-1-23; 102-813, eff. 5-13-22;
15revised 12-13-22.)
 
16    (105 ILCS 5/28-22 new)
17    Sec. 28-22. Literature selection requirements.
18    (a) This Section may be referred to as the Diversity in
19Literature Law.
20    (b) To ensure that students in grades kindergarten through
2112 receive exposure to diverse peoples, cultures, and
22backgrounds to better develop tolerance, understanding,
23appreciation, and acceptance of others, a school district
24shall require that books that are included as a part of any
25course, material, instruction, reading assignment, or other

 

 

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1school curricula related to literature during the school year
2or that appear on summer reading lists must include books that
3are written by diverse authors, including, but not limited to,
4authors who are African American, women, Native American,
5LatinX, and Asian. Reading material may not perpetuate bias
6against persons based on, but not limited to, any of the
7following the categories:
8        (1) Ability.
9        (2) Race.
10        (3) Language.
11        (4) Beliefs.
12        (5) Gender.
13        (6) Culture.
14        (7) Family dynamics.
15        (8) Socioeconomic status.
16    (c) For any school district utilizing federal funds under
17Title I, Part A of the federal Elementary and Secondary
18Education Act of 1965, the selection of each book to be
19included in a reading assignment, course material and
20instruction, or other school curricula related to literature
21must first receive prior approval from the school board before
22the book may be included. The criteria for the approval or
23denial of a book shall be determined by school board policy,
24but the minimum requirement is that the book may not be
25approved by the school board if the book contains language or
26material that is derogatory or racist or incites hate against

 

 

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1any persons.
2    (d) The State Board of Education shall adopt any rules and
3guidelines necessary to implement this Section.
 
4    Section 95. No acceleration or delay. Where this Act makes
5changes in a statute that is represented in this Act by text
6that is not yet or no longer in effect (for example, a Section
7represented by multiple versions), the use of that text does
8not accelerate or delay the taking effect of (i) the changes
9made by this Act or (ii) provisions derived from any other
10Public Act.
 
11    Section 99. Effective date. This Act takes effect upon
12becoming law.