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Public Act 100-0726


 

Public Act 0726 100TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 100-0726
 
SB3015 EnrolledLRB100 18967 AXK 34217 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
22-30 and 27A-5 as follows:
 
    (105 ILCS 5/22-30)
    Sec. 22-30. Self-administration and self-carry of asthma
medication and epinephrine auto-injectors; administration of
undesignated epinephrine auto-injectors; administration of an
opioid antagonist; administration of undesignated asthma
medication; asthma episode emergency response protocol.
    (a) For the purpose of this Section only, the following
terms shall have the meanings set forth below:
    "Asthma action plan" means a written plan developed with a
pupil's medical provider to help control the pupil's asthma.
The goal of an asthma action plan is to reduce or prevent
flare-ups and emergency department visits through day-to-day
management and to serve as a student-specific document to be
referenced in the event of an asthma episode.
    "Asthma episode emergency response protocol" means a
procedure to provide assistance to a pupil experiencing
symptoms of wheezing, coughing, shortness of breath, chest
tightness, or breathing difficulty.
    "Asthma inhaler" means a quick reliever asthma inhaler.
    "Epinephrine auto-injector" means a single-use device used
for the automatic injection of a pre-measured dose of
epinephrine into the human body.
    "Asthma medication" means quick-relief asthma medication,
including albuterol or other short-acting bronchodilators,
that is approved by the United States Food and Drug
Administration for the treatment of respiratory distress.
"Asthma medication" includes medication delivered through a
device, including a metered dose inhaler with a reusable or
disposable spacer or a nebulizer with a mouthpiece or mask a
medicine, prescribed by (i) a physician licensed to practice
medicine in all its branches, (ii) a licensed physician
assistant with prescriptive authority, or (iii) a licensed
advanced practice registered nurse with prescriptive authority
for a pupil that pertains to the pupil's asthma and that has an
individual prescription label.
    "Opioid antagonist" means a drug that binds to opioid
receptors and blocks or inhibits the effect of opioids acting
on those receptors, including, but not limited to, naloxone
hydrochloride or any other similarly acting drug approved by
the U.S. Food and Drug Administration.
    "Respiratory distress" means the perceived or actual
presence of wheezing, coughing, shortness of breath, chest
tightness, breathing difficulty, or any other symptoms
consistent with asthma. Respiratory distress may be
categorized as "mild-to-moderate" or "severe".
    "School nurse" means a registered nurse working in a school
with or without licensure endorsed in school nursing.
    "Self-administration" means a pupil's discretionary use of
his or her prescribed asthma medication or epinephrine
auto-injector.
    "Self-carry" means a pupil's ability to carry his or her
prescribed asthma medication or epinephrine auto-injector.
    "Standing protocol" may be issued by (i) a physician
licensed to practice medicine in all its branches, (ii) a
licensed physician assistant with prescriptive authority, or
(iii) a licensed advanced practice registered nurse with
prescriptive authority.
    "Trained personnel" means any school employee or volunteer
personnel authorized in Sections 10-22.34, 10-22.34a, and
10-22.34b of this Code who has completed training under
subsection (g) of this Section to recognize and respond to
anaphylaxis, an opioid overdose, or respiratory distress.
    "Undesignated asthma medication" means asthma medication
prescribed in the name of a school district, public school,
charter school, or nonpublic school.
    "Undesignated epinephrine auto-injector" means an
epinephrine auto-injector prescribed in the name of a school
district, public school, charter school, or nonpublic school.
    (b) A school, whether public, charter, or nonpublic, must
permit the self-administration and self-carry of asthma
medication by a pupil with asthma or the self-administration
and self-carry of an epinephrine auto-injector by a pupil,
provided that:
        (1) the parents or guardians of the pupil provide to
    the school (i) written authorization from the parents or
    guardians for (A) the self-administration and self-carry
    of asthma medication or (B) the self-carry of asthma
    medication or (ii) for (A) the self-administration and
    self-carry of an epinephrine auto-injector or (B) the
    self-carry of an epinephrine auto-injector, written
    authorization from the pupil's physician, physician
    assistant, or advanced practice registered nurse; and
        (2) the parents or guardians of the pupil provide to
    the school (i) the prescription label, which must contain
    the name of the asthma medication, the prescribed dosage,
    and the time at which or circumstances under which the
    asthma medication is to be administered, or (ii) for the
    self-administration or self-carry of an epinephrine
    auto-injector, a written statement from the pupil's
    physician, physician assistant, or advanced practice
    registered nurse containing the following information:
            (A) the name and purpose of the epinephrine
        auto-injector;
            (B) the prescribed dosage; and
            (C) the time or times at which or the special
        circumstances under which the epinephrine
        auto-injector is to be administered.
The information provided shall be kept on file in the office of
the school nurse or, in the absence of a school nurse, the
school's administrator.
    (b-5) A school district, public school, charter school, or
nonpublic school may authorize the provision of a
student-specific or undesignated epinephrine auto-injector to
a student or any personnel authorized under a student's
Individual Health Care Action Plan, Illinois Food Allergy
Emergency Action Plan and Treatment Authorization Form, or plan
pursuant to Section 504 of the federal Rehabilitation Act of
1973 to administer an epinephrine auto-injector to the student,
that meets the student's prescription on file.
    (b-10) The school district, public school, charter school,
or nonpublic school may authorize a school nurse or trained
personnel to do the following: (i) provide an undesignated
epinephrine auto-injector to a student for self-administration
only or any personnel authorized under a student's Individual
Health Care Action Plan, Illinois Food Allergy Emergency Action
Plan and Treatment Authorization Form, or plan pursuant to
Section 504 of the federal Rehabilitation Act of 1973, or
individualized education program plan to administer to the
student, that meets the student's prescription on file; (ii)
administer an undesignated epinephrine auto-injector that
meets the prescription on file to any student who has an
Individual Health Care Action Plan, Illinois Food Allergy
Emergency Action Plan and Treatment Authorization Form, or plan
pursuant to Section 504 of the federal Rehabilitation Act of
1973, or individualized education program plan that authorizes
the use of an epinephrine auto-injector; (iii) administer an
undesignated epinephrine auto-injector to any person that the
school nurse or trained personnel in good faith believes is
having an anaphylactic reaction; and (iv) administer an opioid
antagonist to any person that the school nurse or trained
personnel in good faith believes is having an opioid overdose;
(v) provide undesignated asthma medication to a student for
self-administration only or to any personnel authorized under a
student's Individual Health Care Action Plan or asthma action
plan, plan pursuant to Section 504 of the federal
Rehabilitation Act of 1973, or individualized education
program plan to administer to the student that meets the
student's prescription on file; (vi) administer undesignated
asthma medication that meets the prescription on file to any
student who has an Individual Health Care Action Plan or asthma
action plan, plan pursuant to Section 504 of the federal
Rehabilitation Act of 1973, or individualized education
program plan that authorizes the use of asthma medication; and
(vii) administer undesignated asthma medication to any person
that the school nurse or trained personnel believes in good
faith is having respiratory distress.
    (c) The school district, public school, charter school, or
nonpublic school must inform the parents or guardians of the
pupil, in writing, that the school district, public school,
charter school, or nonpublic school and its employees and
agents, including a physician, physician assistant, or
advanced practice registered nurse providing standing protocol
and a or prescription for school epinephrine auto-injectors, an
opioid antagonist, or undesignated asthma medication, are to
incur no liability or professional discipline, except for
willful and wanton conduct, as a result of any injury arising
from the administration of asthma medication, an epinephrine
auto-injector, or an opioid antagonist regardless of whether
authorization was given by the pupil's parents or guardians or
by the pupil's physician, physician assistant, or advanced
practice registered nurse. The parents or guardians of the
pupil must sign a statement acknowledging that the school
district, public school, charter school, or nonpublic school
and its employees and agents are to incur no liability, except
for willful and wanton conduct, as a result of any injury
arising from the administration of asthma medication, an
epinephrine auto-injector, or an opioid antagonist regardless
of whether authorization was given by the pupil's parents or
guardians or by the pupil's physician, physician assistant, or
advanced practice registered nurse and that the parents or
guardians must indemnify and hold harmless the school district,
public school, charter school, or nonpublic school and its
employees and agents against any claims, except a claim based
on willful and wanton conduct, arising out of the
administration of asthma medication, an epinephrine
auto-injector, or an opioid antagonist regardless of whether
authorization was given by the pupil's parents or guardians or
by the pupil's physician, physician assistant, or advanced
practice registered nurse.
    (c-5) When a school nurse or trained personnel administers
an undesignated epinephrine auto-injector to a person whom the
school nurse or trained personnel in good faith believes is
having an anaphylactic reaction, or administers an opioid
antagonist to a person whom the school nurse or trained
personnel in good faith believes is having an opioid overdose,
or administers undesignated asthma medication to a person whom
the school nurse or trained personnel in good faith believes is
having respiratory distress, notwithstanding the lack of
notice to the parents or guardians of the pupil or the absence
of the parents or guardians signed statement acknowledging no
liability, except for willful and wanton conduct, the school
district, public school, charter school, or nonpublic school
and its employees and agents, and a physician, a physician
assistant, or an advanced practice registered nurse providing
standing protocol and a or prescription for undesignated
epinephrine auto-injectors, an opioid antagonist, or
undesignated asthma medication, are to incur no liability or
professional discipline, except for willful and wanton
conduct, as a result of any injury arising from the use of an
undesignated epinephrine auto-injector, or the use of an opioid
antagonist, or the use of undesignated asthma medication,
regardless of whether authorization was given by the pupil's
parents or guardians or by the pupil's physician, physician
assistant, or advanced practice registered nurse.
    (d) The permission for self-administration and self-carry
of asthma medication or the self-administration and self-carry
of an epinephrine auto-injector is effective for the school
year for which it is granted and shall be renewed each
subsequent school year upon fulfillment of the requirements of
this Section.
    (e) Provided that the requirements of this Section are
fulfilled, a pupil with asthma may self-administer and
self-carry his or her asthma medication or a pupil may
self-administer and self-carry an epinephrine auto-injector
(i) while in school, (ii) while at a school-sponsored activity,
(iii) while under the supervision of school personnel, or (iv)
before or after normal school activities, such as while in
before-school or after-school care on school-operated property
or while being transported on a school bus.
    (e-5) Provided that the requirements of this Section are
fulfilled, a school nurse or trained personnel may administer
an undesignated epinephrine auto-injector to any person whom
the school nurse or trained personnel in good faith believes to
be having an anaphylactic reaction (i) while in school, (ii)
while at a school-sponsored activity, (iii) while under the
supervision of school personnel, or (iv) before or after normal
school activities, such as while in before-school or
after-school care on school-operated property or while being
transported on a school bus. A school nurse or trained
personnel may carry undesignated epinephrine auto-injectors on
his or her person while in school or at a school-sponsored
activity.
    (e-10) Provided that the requirements of this Section are
fulfilled, a school nurse or trained personnel may administer
an opioid antagonist to any person whom the school nurse or
trained personnel in good faith believes to be having an opioid
overdose (i) while in school, (ii) while at a school-sponsored
activity, (iii) while under the supervision of school
personnel, or (iv) before or after normal school activities,
such as while in before-school or after-school care on
school-operated property. A school nurse or trained personnel
may carry an opioid antagonist on his or her their person while
in school or at a school-sponsored activity.
    (e-15) If the requirements of this Section are met, a
school nurse or trained personnel may administer undesignated
asthma medication to any person whom the school nurse or
trained personnel in good faith believes to be experiencing
respiratory distress (i) while in school, (ii) while at a
school-sponsored activity, (iii) while under the supervision
of school personnel, or (iv) before or after normal school
activities, including before-school or after-school care on
school-operated property. A school nurse or trained personnel
may carry undesignated asthma medication on his or her person
while in school or at a school-sponsored activity.
    (f) The school district, public school, charter school, or
nonpublic school may maintain a supply of undesignated
epinephrine auto-injectors in any secure location that is
accessible before, during, and after school where an allergic
person is most at risk, including, but not limited to,
classrooms and lunchrooms. A physician, a physician assistant
who has been delegated prescriptive authority in accordance
with Section 7.5 of the Physician Assistant Practice Act of
1987, or an advanced practice registered nurse who has been
delegated prescriptive authority in accordance with Section
65-40 of the Nurse Practice Act may prescribe undesignated
epinephrine auto-injectors in the name of the school district,
public school, charter school, or nonpublic school to be
maintained for use when necessary. Any supply of epinephrine
auto-injectors shall be maintained in accordance with the
manufacturer's instructions.
    The school district, public school, charter school, or
nonpublic school may maintain a supply of an opioid antagonist
in any secure location where an individual may have an opioid
overdose. A health care professional who has been delegated
prescriptive authority for opioid antagonists in accordance
with Section 5-23 of the Alcoholism and Other Drug Abuse and
Dependency Act may prescribe opioid antagonists in the name of
the school district, public school, charter school, or
nonpublic school, to be maintained for use when necessary. Any
supply of opioid antagonists shall be maintained in accordance
with the manufacturer's instructions.
    The school district, public school, charter school, or
nonpublic school may maintain a supply of asthma medication in
any secure location that is accessible before, during, or after
school where a person is most at risk, including, but not
limited to, a classroom or the nurse's office. A physician, a
physician assistant who has prescriptive authority under
Section 7.5 of the Physician Assistant Practice Act of 1987, or
an advanced practice registered nurse who has prescriptive
authority under Section 65-40 of the Nurse Practice Act may
prescribe undesignated asthma medication in the name of the
school district, public school, charter school, or nonpublic
school to be maintained for use when necessary. Any supply of
undesignated asthma medication must be maintained in
accordance with the manufacturer's instructions.
    (f-3) Whichever entity initiates the process of obtaining
undesignated epinephrine auto-injectors and providing training
to personnel for carrying and administering undesignated
epinephrine auto-injectors shall pay for the costs of the
undesignated epinephrine auto-injectors.
    (f-5) Upon any administration of an epinephrine
auto-injector, a school district, public school, charter
school, or nonpublic school must immediately activate the EMS
system and notify the student's parent, guardian, or emergency
contact, if known.
    Upon any administration of an opioid antagonist, a school
district, public school, charter school, or nonpublic school
must immediately activate the EMS system and notify the
student's parent, guardian, or emergency contact, if known.
    (f-10) Within 24 hours of the administration of an
undesignated epinephrine auto-injector, a school district,
public school, charter school, or nonpublic school must notify
the physician, physician assistant, or advanced practice
registered nurse who provided the standing protocol and a or
prescription for the undesignated epinephrine auto-injector of
its use.
    Within 24 hours after the administration of an opioid
antagonist, a school district, public school, charter school,
or nonpublic school must notify the health care professional
who provided the prescription for the opioid antagonist of its
use.
    Within 24 hours after the administration of undesignated
asthma medication, a school district, public school, charter
school, or nonpublic school must notify the student's parent or
guardian or emergency contact, if known, and the physician,
physician assistant, or advanced practice registered nurse who
provided the standing protocol and a prescription for the
undesignated asthma medication of its use. The district or
school must follow up with the school nurse, if available, and
may, with the consent of the child's parent or guardian, notify
the child's health care provider of record, as determined under
this Section, of its use.
    (g) Prior to the administration of an undesignated
epinephrine auto-injector, trained personnel must submit to
the their school's administration proof of completion of a
training curriculum to recognize and respond to anaphylaxis
that meets the requirements of subsection (h) of this Section.
Training must be completed annually. The school district,
public school, charter school, or nonpublic school must
maintain records related to the training curriculum and trained
personnel.
    Prior to the administration of an opioid antagonist,
trained personnel must submit to the their school's
administration proof of completion of a training curriculum to
recognize and respond to an opioid overdose, which curriculum
must meet the requirements of subsection (h-5) of this Section.
Training must be completed annually. Trained personnel must
also submit to the school's administration proof of
cardiopulmonary resuscitation and automated external
defibrillator certification. The school district, public
school, charter school, or nonpublic school must maintain
records relating to the training curriculum and the trained
personnel.
    Prior to the administration of undesignated asthma
medication, trained personnel must submit to the school's
administration proof of completion of a training curriculum to
recognize and respond to respiratory distress, which must meet
the requirements of subsection (h-10) of this Section. Training
must be completed annually, and the school district, public
school, charter school, or nonpublic school must maintain
records relating to the training curriculum and the trained
personnel.
    (h) A training curriculum to recognize and respond to
anaphylaxis, including the administration of an undesignated
epinephrine auto-injector, may be conducted online or in
person.
    Training shall include, but is not limited to:
        (1) how to recognize signs and symptoms of an allergic
    reaction, including anaphylaxis;
        (2) how to administer an epinephrine auto-injector;
    and
        (3) a test demonstrating competency of the knowledge
    required to recognize anaphylaxis and administer an
    epinephrine auto-injector.
    Training may also include, but is not limited to:
        (A) a review of high-risk areas within a school and its
    related facilities;
        (B) steps to take to prevent exposure to allergens;
        (C) emergency follow-up procedures, including the
    importance of calling 911 or, if 911 is not available,
    other local emergency medical services;
        (D) how to respond to a student with a known allergy,
    as well as a student with a previously unknown allergy; and
        (E) other criteria as determined in rules adopted
    pursuant to this Section.
    In consultation with statewide professional organizations
representing physicians licensed to practice medicine in all of
its branches, registered nurses, and school nurses, the State
Board of Education shall make available resource materials
consistent with criteria in this subsection (h) for educating
trained personnel to recognize and respond to anaphylaxis. The
State Board may take into consideration the curriculum on this
subject developed by other states, as well as any other
curricular materials suggested by medical experts and other
groups that work on life-threatening allergy issues. The State
Board is not required to create new resource materials. The
State Board shall make these resource materials available on
its Internet website.
    (h-5) A training curriculum to recognize and respond to an
opioid overdose, including the administration of an opioid
antagonist, may be conducted online or in person. The training
must comply with any training requirements under Section 5-23
of the Alcoholism and Other Drug Abuse and Dependency Act and
the corresponding rules. It must include, but is not limited
to:
        (1) how to recognize symptoms of an opioid overdose;
        (2) information on drug overdose prevention and
    recognition;
        (3) how to perform rescue breathing and resuscitation;
        (4) how to respond to an emergency involving an opioid
    overdose;
        (5) opioid antagonist dosage and administration;
        (6) the importance of calling 911 or, if 911 is not
    available, other local emergency medical services;
        (7) care for the overdose victim after administration
    of the overdose antagonist;
        (8) a test demonstrating competency of the knowledge
    required to recognize an opioid overdose and administer a
    dose of an opioid antagonist; and
        (9) other criteria as determined in rules adopted
    pursuant to this Section.
    (h-10) A training curriculum to recognize and respond to
respiratory distress, including the administration of
undesignated asthma medication, may be conducted online or in
person. The training must include, but is not limited to:
        (1) how to recognize symptoms of respiratory distress
    and how to distinguish respiratory distress from
    anaphylaxis;
        (2) how to respond to an emergency involving
    respiratory distress;
        (3) asthma medication dosage and administration;
        (4) the importance of calling 911 or, if 911 is not
    available, other local emergency medical services;
        (5) a test demonstrating competency of the knowledge
    required to recognize respiratory distress and administer
    asthma medication; and
        (6) other criteria as determined in rules adopted under
    this Section.
    (i) Within 3 days after the administration of an
undesignated epinephrine auto-injector by a school nurse,
trained personnel, or a student at a school or school-sponsored
activity, the school must report to the State Board of
Education in a form and manner prescribed by the State Board
the following information:
        (1) age and type of person receiving epinephrine
    (student, staff, visitor);
        (2) any previously known diagnosis of a severe allergy;
        (3) trigger that precipitated allergic episode;
        (4) location where symptoms developed;
        (5) number of doses administered;
        (6) type of person administering epinephrine (school
    nurse, trained personnel, student); and
        (7) any other information required by the State Board.
    If a school district, public school, charter school, or
nonpublic school maintains or has an independent contractor
providing transportation to students who maintains a supply of
undesignated epinephrine auto-injectors, then the school
district, public school, charter school, or nonpublic school
must report that information to the State Board of Education
upon adoption or change of the policy of the school district,
public school, charter school, nonpublic school, or
independent contractor, in a manner as prescribed by the State
Board. The report must include the number of undesignated
epinephrine auto-injectors in supply.
    (i-5) Within 3 days after the administration of an opioid
antagonist by a school nurse or trained personnel, the school
must report to the State Board of Education, in a form and
manner prescribed by the State Board, the following
information:
        (1) the age and type of person receiving the opioid
    antagonist (student, staff, or visitor);
        (2) the location where symptoms developed;
        (3) the type of person administering the opioid
    antagonist (school nurse or trained personnel); and
        (4) any other information required by the State Board.
    (i-10) Within 3 days after the administration of
undesignated asthma medication by a school nurse, trained
personnel, or a student at a school or school-sponsored
activity, the school must report to the State Board of
Education, on a form and in a manner prescribed by the State
Board of Education, the following information:
        (1) the age and type of person receiving the asthma
    medication (student, staff, or visitor);
        (2) any previously known diagnosis of asthma for the
    person;
        (3) the trigger that precipitated respiratory
    distress, if identifiable;
        (4) the location of where the symptoms developed;
        (5) the number of doses administered;
        (6) the type of person administering the asthma
    medication (school nurse, trained personnel, or student);
        (7) the outcome of the asthma medication
    administration; and
        (8) any other information required by the State Board.
    (j) By October 1, 2015 and every year thereafter, the State
Board of Education shall submit a report to the General
Assembly identifying the frequency and circumstances of
undesignated epinephrine and undesignated asthma medication
administration during the preceding academic year. Beginning
with the 2017 report, the report shall also contain information
on which school districts, public schools, charter schools, and
nonpublic schools maintain or have independent contractors
providing transportation to students who maintain a supply of
undesignated epinephrine auto-injectors. This report shall be
published on the State Board's Internet website on the date the
report is delivered to the General Assembly.
    (j-5) Annually, each school district, public school,
charter school, or nonpublic school shall request an asthma
action plan from the parents or guardians of a pupil with
asthma. If provided, the asthma action plan must be kept on
file in the office of the school nurse or, in the absence of a
school nurse, the school administrator. Copies of the asthma
action plan may be distributed to appropriate school staff who
interact with the pupil on a regular basis, and, if applicable,
may be attached to the pupil's federal Section 504 plan or
individualized education program plan.
    (j-10) To assist schools with emergency response
procedures for asthma, the State Board of Education, in
consultation with statewide professional organizations with
expertise in asthma management and a statewide organization
representing school administrators, shall develop a model
asthma episode emergency response protocol before September 1,
2016. Each school district, charter school, and nonpublic
school shall adopt an asthma episode emergency response
protocol before January 1, 2017 that includes all of the
components of the State Board's model protocol.
    (j-15) Every 2 years, school personnel who work with pupils
shall complete an in-person or online training program on the
management of asthma, the prevention of asthma symptoms, and
emergency response in the school setting. In consultation with
statewide professional organizations with expertise in asthma
management, the State Board of Education shall make available
resource materials for educating school personnel about asthma
and emergency response in the school setting.
    (j-20) On or before October 1, 2016 and every year
thereafter, the State Board of Education shall submit a report
to the General Assembly and the Department of Public Health
identifying the frequency and circumstances of opioid
antagonist administration during the preceding academic year.
This report shall be published on the State Board's Internet
website on the date the report is delivered to the General
Assembly.
    (k) The State Board of Education may adopt rules necessary
to implement this Section.
    (l) Nothing in this Section shall limit the amount of
epinephrine auto-injectors that any type of school or student
may carry or maintain a supply of.
(Source: P.A. 99-173, eff. 7-29-15; 99-480, eff. 9-9-15;
99-642, eff. 7-28-16; 99-711, eff. 1-1-17; 99-843, eff.
8-19-16; 100-201, eff. 8-18-17; 100-513, eff. 1-1-18.)
 
    (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 April 16, 2003 (the effective date of Public Act 93-3), in
all new applications 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 Public Act 93-3 do not apply to charter schools
existing or approved on or before April 16, 2003 (the effective
date of Public Act 93-3).
    (b-5) In this subsection (b-5), "virtual-schooling" means
a cyber school where students engage in online curriculum and
instruction via the Internet and electronic communication with
their teachers at remote locations and with students
participating at different times.
    From April 1, 2013 through December 31, 2016, 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) For purposes of this subsection (d), "non-curricular
health and safety requirement" means any health and safety
requirement created by statute or rule to provide, maintain,
preserve, or safeguard safe or healthful conditions for
students and school personnel or to eliminate, reduce, or
prevent threats to the health and safety of students and school
personnel. "Non-curricular health and safety requirement" does
not include any course of study or specialized instructional
requirement for which the State Board has established goals and
learning standards or which is designed primarily to impart
knowledge and skills for students to master and apply as an
outcome of their education.
    A charter school shall comply with all non-curricular
health and safety requirements applicable to public schools
under the laws of the State of Illinois. On or before September
1, 2015, the State Board shall promulgate and post on its
Internet website a list of non-curricular health and safety
requirements that a charter school must meet. The list shall be
updated annually no later than September 1. Any charter
contract between a charter school and its authorizer must
contain a provision that requires the charter school to follow
the list of all non-curricular health and safety requirements
promulgated by the State Board and any non-curricular health
and safety requirements added by the State Board to such list
during the term of the charter. Nothing in this subsection (d)
precludes an authorizer from including non-curricular health
and safety requirements in a charter school contract that are
not contained in the list promulgated by the State Board,
including non-curricular health and safety requirements of the
authorizing local school board.
    (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. To ensure financial accountability for the use of
public funds, on or before December 1 of every year of
operation, each charter school shall submit to its authorizer
and 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. In addition, if deemed necessary for
proper financial oversight of the charter school, an authorizer
may require quarterly financial statements from each charter
school.
    (g) A charter school shall comply with all provisions of
this Article, the Illinois Educational Labor Relations Act, all
federal and State laws and rules applicable to public schools
that pertain to special education and the instruction of
English learners, and its charter. A charter school is exempt
from all other State laws and regulations in this Code
governing public schools and local school board policies;
however, a charter school is not exempt from the following:
        (1) Sections 10-21.9 and 34-18.5 of this 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 10-20.14, 10-22.6, 24-24, 34-19, and
    34-84a of this Code regarding discipline of students;
        (3) 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 Abused and Neglected Child Reporting Act;
        (5.5) subsection (b) of Section 10-23.12 and
    subsection (b) of Section 34-18.6 of this Code;
        (6) the Illinois School Student Records Act;
        (7) Section 10-17a of this Code regarding school report
    cards;
        (8) the P-20 Longitudinal Education Data System Act;
        (9) Section 27-23.7 of this Code regarding bullying
    prevention;
        (10) Section 2-3.162 of this Code regarding student
    discipline reporting;
        (11) Sections 22-80 and 27-8.1 of this Code; and
        (12) Sections 10-20.60 and 34-18.53 of this Code; .
        (13) (12) Sections 10-20.63 10-20.60 and 34-18.56
    34-18.53 of this Code; .
        (14) (12) Section 26-18 of this Code; and .
        (15) Section 22-30 of this Code.
    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 April
16, 2003 (the effective date of Public Act 93-3) 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 April 16, 2003 (the
effective date of Public Act 93-3) 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. 99-30, eff. 7-10-15; 99-78, eff. 7-20-15; 99-245,
eff. 8-3-15; 99-325, eff. 8-10-15; 99-456, eff. 9-15-16;
99-642, eff. 7-28-16; 99-927, eff. 6-1-17; 100-29, eff. 1-1-18;
100-156, eff. 1-1-18; 100-163, eff. 1-1-18; 100-413, eff.
1-1-18; 100-468, eff. 6-1-18; revised 9-25-17.)

Effective Date: 1/1/2019