100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB3139

 

Introduced , by Rep. Linda Chapa LaVia

 

SYNOPSIS AS INTRODUCED:
 
105 ILCS 5/26-18 new
105 ILCS 5/27A-5

    Amends the School Code. Provides that beginning July 1, 2018, every school district, charter school, or alternative school or any school receiving public funds shall collect and review its chronic absence data and determine what systems of support and resources are needed to engage chronically absent students and their families to encourage the habit of daily attendance and promote success. Provides that school districts, charter schools, or alternative schools or any school receiving public funds shall provide a system of support to students who are at risk of reaching or exceeding chronic absence levels with strategies such as those available through the Illinois Multi-tiered Systems of Support Network. Requires schools to make resources available to support and engage students. Makes conforming changes.


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FISCAL NOTE ACT MAY APPLY
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

 

 

A BILL FOR

 

HB3139LRB100 09668 MLM 19837 b

1    AN ACT concerning education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The School Code is amended by changing Section
527A-5 and by adding Section 26-18 as follows:
 
6    (105 ILCS 5/26-18 new)
7    Sec. 26-18. Chronic absenteeism report and support.
8    (a) As used in this Section:
9    "Chronic absence" means absences that total 10% or more of
10school days of the most recent academic school year, including
11absences with and without valid cause, as defined in Section
1226-2a of this Code, and out-of-school suspensions for an
13enrolled student.
14    "Student" means any enrolled student that is subject to
15compulsory attendance under Section 26-1 of this Code but does
16not mean a student for whom a documented homebound or hospital
17record is on file during the student's absence from school.
18    (b) The General Assembly finds that:
19        (1) The early years are a critical period in children's
20    learning and development. Every child should be counted
21    present every day. Every day of school matters.
22        (2) Being absent too many days from school can make it
23    difficult for students to stay on-track academically and

 

 

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1    maintain the momentum to graduate from high school in order
2    to be college-or career-ready.
3        (3) Every day of school attendance matters for all
4    students and their families. It is crucial, therefore, that
5    the implications of chronic absence be understood and
6    reviewed regularly.
7    (c) Beginning July 1, 2018, every school district, charter
8school, or alternative school or any school receiving public
9funds shall collect and review its chronic absence data and
10determine what systems of support and resources are needed to
11engage chronically absent students and their families to
12encourage the habit of daily attendance and promote success.
13The review shall include an analysis of chronic absence data
14from each attendance center or campus of the school district,
15charter school, or alternative school or other school receiving
16public funds.
17    (d) School districts, charter schools, or alternative
18schools or any school receiving public funds shall provide a
19system of support to students who are at risk of reaching or
20exceeding chronic absence levels with strategies such as those
21available through the Illinois Multi-tiered Systems of Support
22Network. Schools shall additionally make resources available
23to families such as those available through the State Board of
24Education's Family Engagement Framework to support and engage
25students and their families to encourage heightened school
26engagement and improved daily school attendance.
 

 

 

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1    (105 ILCS 5/27A-5)
2    (Text of Section before amendment by P.A. 99-927)
3    Sec. 27A-5. Charter school; legal entity; requirements.
4    (a) A charter school shall be a public, nonsectarian,
5nonreligious, non-home based, and non-profit school. A charter
6school shall be organized and operated as a nonprofit
7corporation or other discrete, legal, nonprofit entity
8authorized under the laws of the State of Illinois.
9    (b) A charter school may be established under this Article
10by creating a new school or by converting an existing public
11school or attendance center to charter school status. Beginning
12on April 16, 2003 (the effective date of Public Act 93-3), in
13all new applications to establish a charter school in a city
14having a population exceeding 500,000, operation of the charter
15school shall be limited to one campus. The changes made to this
16Section by Public Act 93-3 do not apply to charter schools
17existing or approved on or before April 16, 2003 (the effective
18date of Public Act 93-3).
19    (b-5) In this subsection (b-5), "virtual-schooling" means
20a cyber school where students engage in online curriculum and
21instruction via the Internet and electronic communication with
22their teachers at remote locations and with students
23participating at different times.
24    From April 1, 2013 through December 31, 2016, there is a
25moratorium on the establishment of charter schools with

 

 

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1virtual-schooling components in school districts other than a
2school district organized under Article 34 of this Code. This
3moratorium does not apply to a charter school with
4virtual-schooling components existing or approved prior to
5April 1, 2013 or to the renewal of the charter of a charter
6school with virtual-schooling components already approved
7prior to April 1, 2013.
8    On or before March 1, 2014, the Commission shall submit to
9the General Assembly a report on the effect of
10virtual-schooling, including without limitation the effect on
11student performance, the costs associated with
12virtual-schooling, and issues with oversight. The report shall
13include policy recommendations for virtual-schooling.
14    (c) A charter school shall be administered and governed by
15its board of directors or other governing body in the manner
16provided in its charter. The governing body of a charter school
17shall be subject to the Freedom of Information Act and the Open
18Meetings Act.
19    (d) For purposes of this subsection (d), "non-curricular
20health and safety requirement" means any health and safety
21requirement created by statute or rule to provide, maintain,
22preserve, or safeguard safe or healthful conditions for
23students and school personnel or to eliminate, reduce, or
24prevent threats to the health and safety of students and school
25personnel. "Non-curricular health and safety requirement" does
26not include any course of study or specialized instructional

 

 

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1requirement for which the State Board has established goals and
2learning standards or which is designed primarily to impart
3knowledge and skills for students to master and apply as an
4outcome of their education.
5    A charter school shall comply with all non-curricular
6health and safety requirements applicable to public schools
7under the laws of the State of Illinois. On or before September
81, 2015, the State Board shall promulgate and post on its
9Internet website a list of non-curricular health and safety
10requirements that a charter school must meet. The list shall be
11updated annually no later than September 1. Any charter
12contract between a charter school and its authorizer must
13contain a provision that requires the charter school to follow
14the list of all non-curricular health and safety requirements
15promulgated by the State Board and any non-curricular health
16and safety requirements added by the State Board to such list
17during the term of the charter. Nothing in this subsection (d)
18precludes an authorizer from including non-curricular health
19and safety requirements in a charter school contract that are
20not contained in the list promulgated by the State Board,
21including non-curricular health and safety requirements of the
22authorizing local school board.
23    (e) Except as otherwise provided in the School Code, a
24charter school shall not charge tuition; provided that a
25charter school may charge reasonable fees for textbooks,
26instructional materials, and student activities.

 

 

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1    (f) A charter school shall be responsible for the
2management and operation of its fiscal affairs including, but
3not limited to, the preparation of its budget. An audit of each
4charter school's finances shall be conducted annually by an
5outside, independent contractor retained by the charter
6school. To ensure financial accountability for the use of
7public funds, on or before December 1 of every year of
8operation, each charter school shall submit to its authorizer
9and the State Board a copy of its audit and a copy of the Form
10990 the charter school filed that year with the federal
11Internal Revenue Service. In addition, if deemed necessary for
12proper financial oversight of the charter school, an authorizer
13may require quarterly financial statements from each charter
14school.
15    (g) A charter school shall comply with all provisions of
16this Article, the Illinois Educational Labor Relations Act, all
17federal and State laws and rules applicable to public schools
18that pertain to special education and the instruction of
19English learners, and its charter. A charter school is exempt
20from all other State laws and regulations in this Code
21governing public schools and local school board policies;
22however, a charter school is not exempt from the following:
23        (1) Sections 10-21.9 and 34-18.5 of this Code regarding
24    criminal history records checks and checks of the Statewide
25    Sex Offender Database and Statewide Murderer and Violent
26    Offender Against Youth Database of applicants for

 

 

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1    employment;
2        (2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and
3    34-84a of this Code regarding discipline of students;
4        (3) the Local Governmental and Governmental Employees
5    Tort Immunity Act;
6        (4) Section 108.75 of the General Not For Profit
7    Corporation Act of 1986 regarding indemnification of
8    officers, directors, employees, and agents;
9        (5) the Abused and Neglected Child Reporting Act;
10        (6) the Illinois School Student Records Act;
11        (7) Section 10-17a of this Code regarding school report
12    cards;
13        (8) the P-20 Longitudinal Education Data System Act;
14        (9) Section 27-23.7 of this Code regarding bullying
15    prevention;
16        (10) Section 2-3.162 of this Code regarding student
17    discipline reporting; and
18        (11) Section 22-80 of this Code; and .
19        (12) Section 26-18 of this Code.
20    The change made by Public Act 96-104 to this subsection (g)
21is declaratory of existing law.
22    (h) A charter school may negotiate and contract with a
23school district, the governing body of a State college or
24university or public community college, or any other public or
25for-profit or nonprofit private entity for: (i) the use of a
26school building and grounds or any other real property or

 

 

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1facilities that the charter school desires to use or convert
2for use as a charter school site, (ii) the operation and
3maintenance thereof, and (iii) the provision of any service,
4activity, or undertaking that the charter school is required to
5perform in order to carry out the terms of its charter.
6However, a charter school that is established on or after April
716, 2003 (the effective date of Public Act 93-3) and that
8operates in a city having a population exceeding 500,000 may
9not contract with a for-profit entity to manage or operate the
10school during the period that commences on April 16, 2003 (the
11effective date of Public Act 93-3) and concludes at the end of
12the 2004-2005 school year. Except as provided in subsection (i)
13of this Section, a school district may charge a charter school
14reasonable rent for the use of the district's buildings,
15grounds, and facilities. Any services for which a charter
16school contracts with a school district shall be provided by
17the district at cost. Any services for which a charter school
18contracts with a local school board or with the governing body
19of a State college or university or public community college
20shall be provided by the public entity at cost.
21    (i) In no event shall a charter school that is established
22by converting an existing school or attendance center to
23charter school status be required to pay rent for space that is
24deemed available, as negotiated and provided in the charter
25agreement, in school district facilities. However, all other
26costs for the operation and maintenance of school district

 

 

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1facilities that are used by the charter school shall be subject
2to negotiation between the charter school and the local school
3board and shall be set forth in the charter.
4    (j) A charter school may limit student enrollment by age or
5grade level.
6    (k) If the charter school is approved by the Commission,
7then the Commission charter school is its own local education
8agency.
9(Source: P.A. 98-16, eff. 5-24-13; 98-639, eff. 6-9-14; 98-669,
10eff. 6-26-14; 98-739, eff. 7-16-14; 98-783, eff. 1-1-15;
1198-1059, eff. 8-26-14; 98-1102, eff. 8-26-14; 99-30, eff.
127-10-15; 99-78, eff. 7-20-15; 99-245, eff. 8-3-15; 99-325, eff.
138-10-15; 99-456, eff. 9-15-16; 99-642, eff. 7-28-16.)
 
14    (Text of Section after amendment by P.A. 99-927)
15    Sec. 27A-5. Charter school; legal entity; requirements.
16    (a) A charter school shall be a public, nonsectarian,
17nonreligious, non-home based, and non-profit school. A charter
18school shall be organized and operated as a nonprofit
19corporation or other discrete, legal, nonprofit entity
20authorized under the laws of the State of Illinois.
21    (b) A charter school may be established under this Article
22by creating a new school or by converting an existing public
23school or attendance center to charter school status. Beginning
24on April 16, 2003 (the effective date of Public Act 93-3), in
25all new applications to establish a charter school in a city

 

 

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

 

 

HB3139- 11 -LRB100 09668 MLM 19837 b

1its board of directors or other governing body in the manner
2provided in its charter. The governing body of a charter school
3shall be subject to the Freedom of Information Act and the Open
4Meetings Act.
5    (d) For purposes of this subsection (d), "non-curricular
6health and safety requirement" means any health and safety
7requirement created by statute or rule to provide, maintain,
8preserve, or safeguard safe or healthful conditions for
9students and school personnel or to eliminate, reduce, or
10prevent threats to the health and safety of students and school
11personnel. "Non-curricular health and safety requirement" does
12not include any course of study or specialized instructional
13requirement for which the State Board has established goals and
14learning standards or which is designed primarily to impart
15knowledge and skills for students to master and apply as an
16outcome of their education.
17    A charter school shall comply with all non-curricular
18health and safety requirements applicable to public schools
19under the laws of the State of Illinois. On or before September
201, 2015, the State Board shall promulgate and post on its
21Internet website a list of non-curricular health and safety
22requirements that a charter school must meet. The list shall be
23updated annually no later than September 1. Any charter
24contract between a charter school and its authorizer must
25contain a provision that requires the charter school to follow
26the list of all non-curricular health and safety requirements

 

 

HB3139- 12 -LRB100 09668 MLM 19837 b

1promulgated by the State Board and any non-curricular health
2and safety requirements added by the State Board to such list
3during the term of the charter. Nothing in this subsection (d)
4precludes an authorizer from including non-curricular health
5and safety requirements in a charter school contract that are
6not contained in the list promulgated by the State Board,
7including non-curricular health and safety requirements of the
8authorizing local school board.
9    (e) Except as otherwise provided in the School Code, a
10charter school shall not charge tuition; provided that a
11charter school may charge reasonable fees for textbooks,
12instructional materials, and student activities.
13    (f) A charter school shall be responsible for the
14management and operation of its fiscal affairs including, but
15not limited to, the preparation of its budget. An audit of each
16charter school's finances shall be conducted annually by an
17outside, independent contractor retained by the charter
18school. To ensure financial accountability for the use of
19public funds, on or before December 1 of every year of
20operation, each charter school shall submit to its authorizer
21and the State Board a copy of its audit and a copy of the Form
22990 the charter school filed that year with the federal
23Internal Revenue Service. In addition, if deemed necessary for
24proper financial oversight of the charter school, an authorizer
25may require quarterly financial statements from each charter
26school.

 

 

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1    (g) A charter school shall comply with all provisions of
2this Article, the Illinois Educational Labor Relations Act, all
3federal and State laws and rules applicable to public schools
4that pertain to special education and the instruction of
5English learners, and its charter. A charter school is exempt
6from all other State laws and regulations in this Code
7governing public schools and local school board policies;
8however, a charter school is not exempt from the following:
9        (1) Sections 10-21.9 and 34-18.5 of this Code regarding
10    criminal history records checks and checks of the Statewide
11    Sex Offender Database and Statewide Murderer and Violent
12    Offender Against Youth Database of applicants for
13    employment;
14        (2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and
15    34-84a of this Code regarding discipline of students;
16        (3) the Local Governmental and Governmental Employees
17    Tort Immunity Act;
18        (4) Section 108.75 of the General Not For Profit
19    Corporation Act of 1986 regarding indemnification of
20    officers, directors, employees, and agents;
21        (5) the Abused and Neglected Child Reporting Act;
22        (6) the Illinois School Student Records Act;
23        (7) Section 10-17a of this Code regarding school report
24    cards;
25        (8) the P-20 Longitudinal Education Data System Act;
26        (9) Section 27-23.7 of this Code regarding bullying

 

 

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1    prevention;
2        (10) Section 2-3.162 of this Code regarding student
3    discipline reporting; and
4        (11) Sections 22-80 and 27-8.1 of this Code; and .
5        (12) Section 26-18 of this Code.
6    The change made by Public Act 96-104 to this subsection (g)
7is declaratory of existing law.
8    (h) A charter school may negotiate and contract with a
9school district, the governing body of a State college or
10university or public community college, or any other public or
11for-profit or nonprofit private entity for: (i) the use of a
12school building and grounds or any other real property or
13facilities that the charter school desires to use or convert
14for use as a charter school site, (ii) the operation and
15maintenance thereof, and (iii) the provision of any service,
16activity, or undertaking that the charter school is required to
17perform in order to carry out the terms of its charter.
18However, a charter school that is established on or after April
1916, 2003 (the effective date of Public Act 93-3) and that
20operates in a city having a population exceeding 500,000 may
21not contract with a for-profit entity to manage or operate the
22school during the period that commences on April 16, 2003 (the
23effective date of Public Act 93-3) and concludes at the end of
24the 2004-2005 school year. Except as provided in subsection (i)
25of this Section, a school district may charge a charter school
26reasonable rent for the use of the district's buildings,

 

 

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1grounds, and facilities. Any services for which a charter
2school contracts with a school district shall be provided by
3the district at cost. Any services for which a charter school
4contracts with a local school board or with the governing body
5of a State college or university or public community college
6shall be provided by the public entity at cost.
7    (i) In no event shall a charter school that is established
8by converting an existing school or attendance center to
9charter school status be required to pay rent for space that is
10deemed available, as negotiated and provided in the charter
11agreement, in school district facilities. However, all other
12costs for the operation and maintenance of school district
13facilities that are used by the charter school shall be subject
14to negotiation between the charter school and the local school
15board and shall be set forth in the charter.
16    (j) A charter school may limit student enrollment by age or
17grade level.
18    (k) If the charter school is approved by the Commission,
19then the Commission charter school is its own local education
20agency.
21(Source: P.A. 98-16, eff. 5-24-13; 98-639, eff. 6-9-14; 98-669,
22eff. 6-26-14; 98-739, eff. 7-16-14; 98-783, eff. 1-1-15;
2398-1059, eff. 8-26-14; 98-1102, eff. 8-26-14; 99-30, eff.
247-10-15; 99-78, eff. 7-20-15; 99-245, eff. 8-3-15; 99-325, eff.
258-10-15; 99-456, eff. 9-15-16; 99-642, eff. 7-28-16; 99-927,
26eff. 6-1-17.)
 

 

 

HB3139- 16 -LRB100 09668 MLM 19837 b

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