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