Public Act 098-0669
 
HB5707 EnrolledLRB098 18990 OMW 54139 b

    AN ACT concerning education.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The School Code is amended by changing Sections
27-23.7 and 27A-5 as follows:
 
    (105 ILCS 5/27-23.7)
    Sec. 27-23.7. Bullying prevention.
    (a) The General Assembly finds that a safe and civil school
environment is necessary for students to learn and achieve and
that bullying causes physical, psychological, and emotional
harm to students and interferes with students' ability to learn
and participate in school activities. The General Assembly
further finds that bullying has been linked to other forms of
antisocial behavior, such as vandalism, shoplifting, skipping
and dropping out of school, fighting, using drugs and alcohol,
sexual harassment, and sexual violence. Because of the negative
outcomes associated with bullying in schools, the General
Assembly finds that school districts, charter schools, and
non-public, non-sectarian elementary and secondary schools
should educate students, parents, and school district, charter
school, or non-public, non-sectarian elementary or secondary
school personnel about what behaviors constitute prohibited
bullying.
    Bullying on the basis of actual or perceived race, color,
religion, sex, national origin, ancestry, age, marital status,
physical or mental disability, military status, sexual
orientation, gender-related identity or expression,
unfavorable discharge from military service, association with
a person or group with one or more of the aforementioned actual
or perceived characteristics, or any other distinguishing
characteristic is prohibited in all school districts, charter
schools, and non-public, non-sectarian elementary and
secondary schools. No student shall be subjected to bullying:
        (1) during any school-sponsored education program or
    activity;
        (2) while in school, on school property, on school
    buses or other school vehicles, at designated school bus
    stops waiting for the school bus, or at school-sponsored or
    school-sanctioned events or activities; or
        (3) through the transmission of information from a
    school computer, a school computer network, or other
    similar electronic school equipment.
    (a-5) Nothing in this Section is intended to infringe upon
any right to exercise free expression or the free exercise of
religion or religiously based views protected under the First
Amendment to the United States Constitution or under Section 3
of Article I of the Illinois Constitution.
    (b) In this Section:
    "Bullying" means any severe or pervasive physical or verbal
act or conduct, including communications made in writing or
electronically, directed toward a student or students that has
or can be reasonably predicted to have the effect of one or
more of the following:
        (1) placing the student or students in reasonable fear
    of harm to the student's or students' person or property;
        (2) causing a substantially detrimental effect on the
    student's or students' physical or mental health;
        (3) substantially interfering with the student's or
    students' academic performance; or
        (4) substantially interfering with the student's or
    students' ability to participate in or benefit from the
    services, activities, or privileges provided by a school.
    Bullying, as defined in this subsection (b), may take
various forms, including without limitation one or more of the
following: harassment, threats, intimidation, stalking,
physical violence, sexual harassment, sexual violence, theft,
public humiliation, destruction of property, or retaliation
for asserting or alleging an act of bullying. This list is
meant to be illustrative and non-exhaustive.
    "Policy on bullying" means a bullying prevention policy
that meets the following criteria:
        (1) Includes the bullying definition provided in this
    Section.
        (2) Includes a statement that bullying is contrary to
    State law and the policy of the school district, charter
    school, or non-public, non-sectarian elementary or
    secondary school and is consistent with subsection (a-5) of
    this Section.
        (3) Includes procedures for promptly reporting
    bullying, including, but not limited to, identifying and
    providing the school e-mail address (if applicable) and
    school telephone number for the staff person or persons
    responsible for receiving such reports and a procedure for
    anonymous reporting; however, this shall not be construed
    to permit formal disciplinary action solely on the basis of
    an anonymous report.
        (4) Consistent with federal and State laws and rules
    governing student privacy rights, includes procedures for
    promptly informing parents or guardians of all students
    involved in the alleged incident of bullying and
    discussing, as appropriate, the availability of social
    work services, counseling, school psychological services,
    other interventions, and restorative measures.
        (5) Contains procedures for promptly investigating and
    addressing reports of bullying, including the following:
            (A) Making all reasonable efforts to complete the
        investigation within 10 school days after the date the
        report of the incident of bullying was received and
        taking into consideration additional relevant
        information received during the course of the
        investigation about the reported incident of bullying.
            (B) Involving appropriate school support personnel
        and other staff persons with knowledge, experience,
        and training on bullying prevention, as deemed
        appropriate, in the investigation process.
            (C) Notifying the principal or school
        administrator or his or her designee of the report of
        the incident of bullying as soon as possible after the
        report is received.
            (D) Consistent with federal and State laws and
        rules governing student privacy rights, providing
        parents and guardians of the students who are parties
        to the investigation information about the
        investigation and an opportunity to meet with the
        principal or school administrator or his or her
        designee to discuss the investigation, the findings of
        the investigation, and the actions taken to address the
        reported incident of bullying.
        (6) Includes the interventions that can be taken to
    address bullying, which may include, but are not limited
    to, school social work services, restorative measures,
    social-emotional skill building, counseling, school
    psychological services, and community-based services.
        (7) Includes a statement prohibiting reprisal or
    retaliation against any person who reports an act of
    bullying and the consequences and appropriate remedial
    actions for a person who engages in reprisal or
    retaliation.
        (8) Includes consequences and appropriate remedial
    actions for a person found to have falsely accused another
    of bullying as a means of retaliation or as a means of
    bullying.
        (9) Is based on the engagement of a range of school
    stakeholders, including students and parents or guardians.
        (10) Is posted on the school district's, charter
    school's, or non-public, non-sectarian elementary or
    secondary school's existing Internet website and is
    included in the student handbook, and, where applicable,
    posted where other policies, rules, and standards of
    conduct are currently posted in the school, and is
    distributed annually to parents, guardians, students, and
    school personnel, including new employees when hired.
        (11) As part of the process of reviewing and
    re-evaluating the policy under subsection (d) of this
    Section, contains a policy evaluation process to assess the
    outcomes and effectiveness of the policy that includes, but
    is not limited to, factors such as the frequency of
    victimization; student, staff, and family observations of
    safety at a school; identification of areas of a school
    where bullying occurs; the types of bullying utilized; and
    bystander intervention or participation. The school
    district, charter school, or non-public, non-sectarian
    elementary or secondary school may use relevant data and
    information it already collects for other purposes in the
    policy evaluation. The information developed as a result of
    the policy evaluation must be made available on the
    Internet website of the school district, charter school, or
    non-public, non-sectarian elementary or secondary school.
    If an Internet website is not available, the information
    must be provided to school administrators, school board
    members, school personnel, parents, guardians, and
    students.
        (12) Is consistent with the policies of the school
    board, charter school, or non-public, non-sectarian
    elementary or secondary school.
    "Restorative measures" means a continuum of school-based
alternatives to exclusionary discipline, such as suspensions
and expulsions, that: (i) are adapted to the particular needs
of the school and community, (ii) contribute to maintaining
school safety, (iii) protect the integrity of a positive and
productive learning climate, (iv) teach students the personal
and interpersonal skills they will need to be successful in
school and society, (v) serve to build and restore
relationships among students, families, schools, and
communities, and (vi) reduce the likelihood of future
disruption by balancing accountability with an understanding
of students' behavioral health needs in order to keep students
in school.
    "School personnel" means persons employed by, on contract
with, or who volunteer in a school district, charter schools,
or non-public, non-sectarian elementary or secondary school,
including without limitation school and school district
administrators, teachers, school guidance counselors, school
social workers, school counselors, school psychologists,
school nurses, cafeteria workers, custodians, bus drivers,
school resource officers, and security guards.
    (c) (Blank).
    (d) Each school district, charter school, and non-public,
non-sectarian elementary or secondary school shall create, and
maintain, and implement a policy on bullying, which policy must
be filed with the State Board of Education. Every 2 years, each
school district, charter school, and non-public, non-sectarian
elementary or secondary school shall conduct a review and
re-evaluation of its policy and make any necessary and
appropriate revisions. Each school district and non-public,
non-sectarian elementary or secondary school must communicate
its policy on bullying to its students and their parent or
guardian on an annual basis. The policy must be updated every 2
years and filed with the State Board of Education after being
updated. The State Board of Education shall monitor and provide
technical support for the implementation of policies created
under this subsection (d).
    (e) This Section shall not be interpreted to prevent a
victim from seeking redress under any other available civil or
criminal law. Nothing in this Section is intended to infringe
upon any right to exercise free expression or the free exercise
of religion or religiously based views protected under the
First Amendment to the United States Constitution or under
Section 3 or 4 of Article 1 of the Illinois Constitution.
(Source: P.A. 95-198, eff. 1-1-08; 95-349, eff. 8-23-07;
95-876, eff. 8-21-08; 96-952, eff. 6-28-10.)
 
    (105 ILCS 5/27A-5)
    Sec. 27A-5. Charter school; legal entity; requirements.
    (a) A charter school shall be a public, nonsectarian,
nonreligious, non-home based, and non-profit school. A charter
school shall be organized and operated as a nonprofit
corporation or other discrete, legal, nonprofit entity
authorized under the laws of the State of Illinois.
    (b) A charter school may be established under this Article
by creating a new school or by converting an existing public
school or attendance center to charter school status. Beginning
on the effective date of this amendatory Act of the 93rd
General Assembly, in all new applications submitted to the
State Board or a local school board to establish a charter
school in a city having a population exceeding 500,000,
operation of the charter school shall be limited to one campus.
The changes made to this Section by this amendatory Act of the
93rd General Assembly do not apply to charter schools existing
or approved on or before the effective date of this amendatory
Act.
    (b-5) In this subsection (b-5), "virtual-schooling" means
the teaching of courses through online methods with online
instructors, rather than the instructor and student being at
the same physical location. "Virtual-schooling" includes
without limitation instruction provided by full-time, online
virtual schools.
    From April 1, 2013 through April 1, 2014, there is a
moratorium on the establishment of charter schools with
virtual-schooling components in school districts other than a
school district organized under Article 34 of this Code. This
moratorium does not apply to a charter school with
virtual-schooling components existing or approved prior to
April 1, 2013 or to the renewal of the charter of a charter
school with virtual-schooling components already approved
prior to April 1, 2013.
    On or before March 1, 2014, the Commission shall submit to
the General Assembly a report on the effect of
virtual-schooling, including without limitation the effect on
student performance, the costs associated with
virtual-schooling, and issues with oversight. The report shall
include policy recommendations for virtual-schooling.
    (c) A charter school shall be administered and governed by
its board of directors or other governing body in the manner
provided in its charter. The governing body of a charter school
shall be subject to the Freedom of Information Act and the Open
Meetings Act.
    (d) A charter school shall comply with all applicable
health and safety requirements applicable to public schools
under the laws of the State of Illinois.
    (e) Except as otherwise provided in the School Code, a
charter school shall not charge tuition; provided that a
charter school may charge reasonable fees for textbooks,
instructional materials, and student activities.
    (f) A charter school shall be responsible for the
management and operation of its fiscal affairs including, but
not limited to, the preparation of its budget. An audit of each
charter school's finances shall be conducted annually by an
outside, independent contractor retained by the charter
school. Annually, by December 1, every charter school must
submit to the State Board a copy of its audit and a copy of the
Form 990 the charter school filed that year with the federal
Internal Revenue Service.
    (g) A charter school shall comply with all provisions of
this Article, the Illinois Educational Labor Relations Act, and
its charter. A charter school is exempt from all other State
laws and regulations in this the School Code governing public
schools and local school board policies, except the following:
        (1) Sections 10-21.9 and 34-18.5 of this the School
    Code regarding criminal history records checks and checks
    of the Statewide Sex Offender Database and Statewide
    Murderer and Violent Offender Against Youth Database of
    applicants for employment;
        (2) Sections 24-24 and 34-84A of this the School Code
    regarding discipline of students;
        (3) the The Local Governmental and Governmental
    Employees Tort Immunity Act;
        (4) Section 108.75 of the General Not For Profit
    Corporation Act of 1986 regarding indemnification of
    officers, directors, employees, and agents;
        (5) the The Abused and Neglected Child Reporting Act;
        (6) the The Illinois School Student Records Act;
        (7) Section 10-17a of this the School Code regarding
    school report cards; and
        (8) the The P-20 Longitudinal Education Data System
    Act; and .
        (9) Section 27-23.7 of this Code regarding bullying
    prevention.
    The change made by Public Act 96-104 to this subsection (g)
is declaratory of existing law.
    (h) A charter school may negotiate and contract with a
school district, the governing body of a State college or
university or public community college, or any other public or
for-profit or nonprofit private entity for: (i) the use of a
school building and grounds or any other real property or
facilities that the charter school desires to use or convert
for use as a charter school site, (ii) the operation and
maintenance thereof, and (iii) the provision of any service,
activity, or undertaking that the charter school is required to
perform in order to carry out the terms of its charter.
However, a charter school that is established on or after the
effective date of this amendatory Act of the 93rd General
Assembly and that operates in a city having a population
exceeding 500,000 may not contract with a for-profit entity to
manage or operate the school during the period that commences
on the effective date of this amendatory Act of the 93rd
General Assembly and concludes at the end of the 2004-2005
school year. Except as provided in subsection (i) of this
Section, a school district may charge a charter school
reasonable rent for the use of the district's buildings,
grounds, and facilities. Any services for which a charter
school contracts with a school district shall be provided by
the district at cost. Any services for which a charter school
contracts with a local school board or with the governing body
of a State college or university or public community college
shall be provided by the public entity at cost.
    (i) In no event shall a charter school that is established
by converting an existing school or attendance center to
charter school status be required to pay rent for space that is
deemed available, as negotiated and provided in the charter
agreement, in school district facilities. However, all other
costs for the operation and maintenance of school district
facilities that are used by the charter school shall be subject
to negotiation between the charter school and the local school
board and shall be set forth in the charter.
    (j) A charter school may limit student enrollment by age or
grade level.
    (k) If the charter school is approved by the Commission,
then the Commission charter school is its own local education
agency.
(Source: P.A. 97-152, eff. 7-20-11; 97-154, eff. 1-1-12;
97-813, eff. 7-13-12; 98-16, eff. 5-24-13.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.