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Full Text of HB2369  100th General Assembly

HB2369enr 100TH GENERAL ASSEMBLY

  
  
  

 


 
HB2369 EnrolledLRB100 08191 NHT 18287 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 adding Sections
510-20.60 and 34-18.53 and by changing Section 27A-5 as follows:
 
6    (105 ILCS 5/10-20.60 new)
7    Sec. 10-20.60. Breastfeeding accommodations for pupils.
8    (a) Each public school shall provide reasonable
9accommodations to a lactating pupil on a school campus to
10express breast milk, breastfeed an infant child, or address
11other needs related to breastfeeding. Reasonable
12accommodations under this Section include, but are not limited
13to, all of the following:
14        (1) Access to a private and secure room, other than a
15    restroom, to express breast milk or breastfeed an infant
16    child.
17        (2) Permission to bring onto a school campus a breast
18    pump and any other equipment used to express breast milk.
19        (3) Access to a power source for a breast pump or any
20    other equipment used to express breast milk.
21        (4) Access to a place to store expressed breast milk
22    safely.
23    (b) A lactating pupil on a school campus must be provided a

 

 

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1reasonable amount of time to accommodate her need to express
2breast milk or breastfeed an infant child.
3    (c) A public school shall provide the reasonable
4accommodations specified in subsections (a) and (b) of this
5Section only if there is at least one lactating pupil on the
6school campus.
7    (d) A public school may use an existing facility to meet
8the requirements specified in subsection (a) of this Section.
9    (e) A pupil may not incur an academic penalty as a result
10of her use, during the school day, of the reasonable
11accommodations specified in this Section and must be provided
12the opportunity to make up any work missed due to such use.
13    (f) In instances where a student files a complaint of
14noncompliance with the requirements of this Section, the public
15school shall implement the grievance procedure of 23 Ill. Adm.
16Code 200, including appeals procedures.
 
17    (105 ILCS 5/27A-5)
18    (Text of Section before amendment by P.A. 99-927)
19    Sec. 27A-5. Charter school; legal entity; requirements.
20    (a) A charter school shall be a public, nonsectarian,
21nonreligious, non-home based, and non-profit school. A charter
22school shall be organized and operated as a nonprofit
23corporation or other discrete, legal, nonprofit entity
24authorized under the laws of the State of Illinois.
25    (b) A charter school may be established under this Article

 

 

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1by creating a new school or by converting an existing public
2school or attendance center to charter school status. Beginning
3on April 16, 2003 (the effective date of Public Act 93-3), in
4all new applications to establish a charter school in a city
5having a population exceeding 500,000, operation of the charter
6school shall be limited to one campus. The changes made to this
7Section by Public Act 93-3 do not apply to charter schools
8existing or approved on or before April 16, 2003 (the effective
9date of Public Act 93-3).
10    (b-5) In this subsection (b-5), "virtual-schooling" means
11a cyber school where students engage in online curriculum and
12instruction via the Internet and electronic communication with
13their teachers at remote locations and with students
14participating at different times.
15    From April 1, 2013 through December 31, 2016, there is a
16moratorium on the establishment of charter schools with
17virtual-schooling components in school districts other than a
18school district organized under Article 34 of this Code. This
19moratorium does not apply to a charter school with
20virtual-schooling components existing or approved prior to
21April 1, 2013 or to the renewal of the charter of a charter
22school with virtual-schooling components already approved
23prior to April 1, 2013.
24    On or before March 1, 2014, the Commission shall submit to
25the General Assembly a report on the effect of
26virtual-schooling, including without limitation the effect on

 

 

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1student performance, the costs associated with
2virtual-schooling, and issues with oversight. The report shall
3include policy recommendations for virtual-schooling.
4    (c) A charter school shall be administered and governed by
5its board of directors or other governing body in the manner
6provided in its charter. The governing body of a charter school
7shall be subject to the Freedom of Information Act and the Open
8Meetings Act.
9    (d) For purposes of this subsection (d), "non-curricular
10health and safety requirement" means any health and safety
11requirement created by statute or rule to provide, maintain,
12preserve, or safeguard safe or healthful conditions for
13students and school personnel or to eliminate, reduce, or
14prevent threats to the health and safety of students and school
15personnel. "Non-curricular health and safety requirement" does
16not include any course of study or specialized instructional
17requirement for which the State Board has established goals and
18learning standards or which is designed primarily to impart
19knowledge and skills for students to master and apply as an
20outcome of their education.
21    A charter school shall comply with all non-curricular
22health and safety requirements applicable to public schools
23under the laws of the State of Illinois. On or before September
241, 2015, the State Board shall promulgate and post on its
25Internet website a list of non-curricular health and safety
26requirements that a charter school must meet. The list shall be

 

 

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1updated annually no later than September 1. Any charter
2contract between a charter school and its authorizer must
3contain a provision that requires the charter school to follow
4the list of all non-curricular health and safety requirements
5promulgated by the State Board and any non-curricular health
6and safety requirements added by the State Board to such list
7during the term of the charter. Nothing in this subsection (d)
8precludes an authorizer from including non-curricular health
9and safety requirements in a charter school contract that are
10not contained in the list promulgated by the State Board,
11including non-curricular health and safety requirements of the
12authorizing local school board.
13    (e) Except as otherwise provided in the School Code, a
14charter school shall not charge tuition; provided that a
15charter school may charge reasonable fees for textbooks,
16instructional materials, and student activities.
17    (f) A charter school shall be responsible for the
18management and operation of its fiscal affairs including, but
19not limited to, the preparation of its budget. An audit of each
20charter school's finances shall be conducted annually by an
21outside, independent contractor retained by the charter
22school. To ensure financial accountability for the use of
23public funds, on or before December 1 of every year of
24operation, each charter school shall submit to its authorizer
25and the State Board a copy of its audit and a copy of the Form
26990 the charter school filed that year with the federal

 

 

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1Internal Revenue Service. In addition, if deemed necessary for
2proper financial oversight of the charter school, an authorizer
3may require 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, all
7federal and State laws and rules applicable to public schools
8that pertain to special education and the instruction of
9English learners, and its charter. A charter school is exempt
10from 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 regarding
14    criminal history records checks and checks of the Statewide
15    Sex Offender Database and Statewide Murderer and Violent
16    Offender Against Youth Database of applicants for
17    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        (6) the Illinois School Student Records Act;

 

 

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1        (7) Section 10-17a of this Code regarding school report
2    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; and
8        (11) Section 22-80 of this Code; and .
9        (12) Sections 10-20.60 and 34-18.53 of this Code.
10    The change made by Public Act 96-104 to this subsection (g)
11is declaratory of existing law.
12    (h) A charter school may negotiate and contract with a
13school district, the governing body of a State college or
14university or public community college, or any other public or
15for-profit or nonprofit private entity for: (i) the use of a
16school building and grounds or any other real property or
17facilities that the charter school desires to use or convert
18for use as a charter school site, (ii) the operation and
19maintenance thereof, and (iii) the provision of any service,
20activity, or undertaking that the charter school is required to
21perform in order to carry out the terms of its charter.
22However, a charter school that is established on or after April
2316, 2003 (the effective date of Public Act 93-3) and that
24operates in a city having a population exceeding 500,000 may
25not contract with a for-profit entity to manage or operate the
26school during the period that commences on April 16, 2003 (the

 

 

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1effective date of Public Act 93-3) and concludes at the end of
2the 2004-2005 school year. Except as provided in subsection (i)
3of this Section, a school district may charge a charter school
4reasonable rent for the use of the district's buildings,
5grounds, and facilities. Any services for which a charter
6school contracts with a school district shall be provided by
7the district at cost. Any services for which a charter school
8contracts with a local school board or with the governing body
9of a State college or university or public community college
10shall be provided by the public entity at cost.
11    (i) In no event shall a charter school that is established
12by converting an existing school or attendance center to
13charter school status be required to pay rent for space that is
14deemed available, as negotiated and provided in the charter
15agreement, in school district facilities. However, all other
16costs for the operation and maintenance of school district
17facilities that are used by the charter school shall be subject
18to negotiation between the charter school and the local school
19board and shall be set forth in the charter.
20    (j) A charter school may limit student enrollment by age or
21grade level.
22    (k) If the charter school is approved by the Commission,
23then the Commission charter school is its own local education
24agency.
25(Source: P.A. 98-16, eff. 5-24-13; 98-639, eff. 6-9-14; 98-669,
26eff. 6-26-14; 98-739, eff. 7-16-14; 98-783, eff. 1-1-15;

 

 

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198-1059, eff. 8-26-14; 98-1102, eff. 8-26-14; 99-30, eff.
27-10-15; 99-78, eff. 7-20-15; 99-245, eff. 8-3-15; 99-325, eff.
38-10-15; 99-456, eff. 9-15-16; 99-642, eff. 7-28-16.)
 
4    (Text of Section after amendment by P.A. 99-927)
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. Beginning
14on April 16, 2003 (the effective date of Public Act 93-3), in
15all new applications to establish a charter school in a city
16having a population exceeding 500,000, operation of the charter
17school shall be limited to one campus. The changes made to this
18Section by Public Act 93-3 do not apply to charter schools
19existing or approved on or before April 16, 2003 (the effective
20date 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.

 

 

HB2369 Enrolled- 10 -LRB100 08191 NHT 18287 b

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    On or before March 1, 2014, the Commission shall submit to
11the General Assembly a report on the effect of
12virtual-schooling, including without limitation the effect on
13student performance, the costs associated with
14virtual-schooling, and issues with oversight. The report shall
15include policy recommendations for virtual-schooling.
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 school
19shall be subject to the Freedom of Information Act and the Open
20Meetings Act.
21    (d) For purposes of this subsection (d), "non-curricular
22health and safety requirement" means any health and safety
23requirement created by statute or rule to provide, maintain,
24preserve, or safeguard safe or healthful conditions for
25students and school personnel or to eliminate, reduce, or
26prevent threats to the health and safety of students and school

 

 

HB2369 Enrolled- 11 -LRB100 08191 NHT 18287 b

1personnel. "Non-curricular health and safety requirement" does
2not include any course of study or specialized instructional
3requirement for which the State Board has established goals and
4learning standards or which is designed primarily to impart
5knowledge and skills for students to master and apply as an
6outcome of their education.
7    A charter school shall comply with all non-curricular
8health and safety requirements applicable to public schools
9under the laws of the State of Illinois. On or before September
101, 2015, the State Board shall promulgate and post on its
11Internet website a list of non-curricular health and safety
12requirements that a charter school must meet. The list shall be
13updated annually no later than September 1. Any charter
14contract between a charter school and its authorizer must
15contain a provision that requires the charter school to follow
16the list of all non-curricular health and safety requirements
17promulgated by the State Board and any non-curricular health
18and safety requirements added by the State Board to such list
19during the term of the charter. Nothing in this subsection (d)
20precludes an authorizer from including non-curricular health
21and safety requirements in a charter school contract that are
22not contained in the list promulgated by the State Board,
23including non-curricular health and safety requirements of the
24authorizing local school board.
25    (e) Except as otherwise provided in the School Code, a
26charter school shall not charge tuition; provided that a

 

 

HB2369 Enrolled- 12 -LRB100 08191 NHT 18287 b

1charter school may charge reasonable fees for textbooks,
2instructional materials, and student activities.
3    (f) A charter school shall be responsible for the
4management and operation of its fiscal affairs including, but
5not limited to, the preparation of its budget. An audit of each
6charter school's finances shall be conducted annually by an
7outside, independent contractor retained by the charter
8school. To ensure financial accountability for the use of
9public funds, on or before December 1 of every year of
10operation, each charter school shall submit to its authorizer
11and the State Board a copy of its audit and a copy of the Form
12990 the charter school filed that year with the federal
13Internal Revenue Service. In addition, if deemed necessary for
14proper financial oversight of the charter school, an authorizer
15may require quarterly financial statements from each charter
16school.
17    (g) A charter school shall comply with all provisions of
18this Article, the Illinois Educational Labor Relations Act, all
19federal and State laws and rules applicable to public schools
20that pertain to special education and the instruction of
21English learners, and its charter. A charter school is exempt
22from all other State laws and regulations in this Code
23governing public schools and local school board policies;
24however, a charter school is not exempt from the following:
25        (1) Sections 10-21.9 and 34-18.5 of this Code regarding
26    criminal history records checks and checks of the Statewide

 

 

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1    Sex Offender Database and Statewide Murderer and Violent
2    Offender Against Youth Database of applicants for
3    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        (6) the Illinois School Student Records Act;
13        (7) Section 10-17a of this Code regarding school report
14    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; and
20        (11) Sections 22-80 and 27-8.1 of this Code; and .
21        (12) Sections 10-20.60 and 34-18.53 of this Code.
22    The change made by Public Act 96-104 to this subsection (g)
23is 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

 

 

HB2369 Enrolled- 14 -LRB100 08191 NHT 18287 b

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 to
7perform in order to carry out the terms of its charter.
8However, a charter school that is established on or after April
916, 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 (i)
15of this Section, a school district may charge a charter school
16reasonable rent for the use of the district's buildings,
17grounds, and facilities. Any services for which a charter
18school contracts with a school district shall be provided by
19the district at cost. Any services for which a charter school
20contracts with a local school board or with the governing body
21of a State college or university or public community college
22shall be provided by the public entity at cost.
23    (i) In no event shall a charter school that is established
24by converting an existing school or attendance center to
25charter school status be required to pay rent for space that is
26deemed available, as negotiated and provided in the charter

 

 

HB2369 Enrolled- 15 -LRB100 08191 NHT 18287 b

1agreement, in school district facilities. However, all other
2costs for the operation and maintenance of school district
3facilities that are used by the charter school shall be subject
4to negotiation between the charter school and the local school
5board and shall be set forth in the charter.
6    (j) A charter school may limit student enrollment by age or
7grade level.
8    (k) If the charter school is approved by the Commission,
9then the Commission charter school is its own local education
10agency.
11(Source: P.A. 98-16, eff. 5-24-13; 98-639, eff. 6-9-14; 98-669,
12eff. 6-26-14; 98-739, eff. 7-16-14; 98-783, eff. 1-1-15;
1398-1059, eff. 8-26-14; 98-1102, eff. 8-26-14; 99-30, eff.
147-10-15; 99-78, eff. 7-20-15; 99-245, eff. 8-3-15; 99-325, eff.
158-10-15; 99-456, eff. 9-15-16; 99-642, eff. 7-28-16; 99-927,
16eff. 6-1-17.)
 
17    (105 ILCS 5/34-18.53 new)
18    Sec. 34-18.53. Breastfeeding accommodations for pupils.
19    (a) Each public school shall provide reasonable
20accommodations to a lactating pupil on a school campus to
21express breast milk, breastfeed an infant child, or address
22other needs related to breastfeeding. Reasonable
23accommodations under this Section include, but are not limited
24to, all of the following:
25        (1) Access to a private and secure room, other than a

 

 

HB2369 Enrolled- 16 -LRB100 08191 NHT 18287 b

1    restroom, to express breast milk or breastfeed an infant
2    child.
3        (2) Permission to bring onto a school campus a breast
4    pump and any other equipment used to express breast milk.
5        (3) Access to a power source for a breast pump or any
6    other equipment used to express breast milk.
7        (4) Access to a place to store expressed breast milk
8    safely.
9    (b) A lactating pupil on a school campus must be provided a
10reasonable amount of time to accommodate her need to express
11breast milk or breastfeed an infant child.
12    (c) A public school shall provide the reasonable
13accommodations specified in subsections (a) and (b) of this
14Section only if there is at least one lactating pupil on the
15school campus.
16    (d) A public school may use an existing facility to meet
17the requirements specified in subsection (a) of this Section.
18    (e) A pupil may not incur an academic penalty as a result
19of her use, during the school day, of the reasonable
20accommodations specified in this Section and must be provided
21the opportunity to make up any work missed due to such use.
22    (f) In instances where a student files a complaint of
23noncompliance with the requirements of this Section, the public
24school shall implement the grievance procedure of 23 Ill. Adm.
25Code 200, including appeals procedures.
 

 

 

HB2369 Enrolled- 17 -LRB100 08191 NHT 18287 b

1    Section 95. No acceleration or delay. Where this Act makes
2changes in a statute that is represented in this Act by text
3that is not yet or no longer in effect (for example, a Section
4represented by multiple versions), the use of that text does
5not accelerate or delay the taking effect of (i) the changes
6made by this Act or (ii) provisions derived from any other
7Public Act.