103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB2401

 

Introduced 2/15/2023, by Rep. La Shawn K. Ford

 

SYNOPSIS AS INTRODUCED:
 
105 ILCS 5/27A-5
105 ILCS 5/28-22 new

    Amends the Instructional Materials Article of the School Code. Provides that a school district (including a charter school) shall require that books that are included as a part of any course, material, instruction, reading assignment, or other school curricula related to literature during the school year or that appear on summer reading lists must include books that are written by diverse authors, including, but not limited to, authors who are African American, women, Native American, LatinX, and Asian. Provides that reading material may not perpetuate bias against persons based on specified categories. Provides that for any school district utilizing federal funds under Title I, Part A of the federal Elementary and Secondary Education Act of 1965, the selection of each book to be included in a reading assignment, course material and instruction, or other school curricula related to literature must first receive prior approval from the school board before the book may be included. Provides that the criteria for the approval or denial of a book shall be determined by school board policy, but the minimum requirement is that the book may not be approved by the school board if the book contains language or material that is derogatory or racist or incites hate against any persons. Provides for rulemaking and guidelines. Effective immediately.


LRB103 30863 RJT 57376 b

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT
MAY APPLY

 

 

A BILL FOR

 

HB2401LRB103 30863 RJT 57376 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 1. This Act may be referred to as the Pierce Twins
5Act.
 
6    Section 5. The School Code is amended by changing Section
727A-5 and by adding Section 28-22 as follows:
 
8    (105 ILCS 5/27A-5)
9    (Text of Section before amendment by P.A. 102-466 and
10102-702)
11    Sec. 27A-5. Charter school; legal entity; requirements.
12    (a) A charter school shall be a public, nonsectarian,
13nonreligious, non-home based, and non-profit school. A charter
14school shall be organized and operated as a nonprofit
15corporation or other discrete, legal, nonprofit entity
16authorized under the laws of the State of Illinois.
17    (b) A charter school may be established under this Article
18by creating a new school or by converting an existing public
19school or attendance center to charter school status.
20Beginning on April 16, 2003 (the effective date of Public Act
2193-3), in all new applications to establish a charter school
22in a city having a population exceeding 500,000, operation of

 

 

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1the charter school shall be limited to one campus. The changes
2made to this Section by Public Act 93-3 do not apply to charter
3schools existing or approved on or before April 16, 2003 (the
4effective date of Public Act 93-3).
5    (b-5) In this subsection (b-5), "virtual-schooling" means
6a cyber school where students engage in online curriculum and
7instruction via the Internet and electronic communication with
8their teachers at remote locations and with students
9participating at different times.
10    From April 1, 2013 through December 31, 2016, there is a
11moratorium on the establishment of charter schools with
12virtual-schooling components in school districts other than a
13school district organized under Article 34 of this Code. This
14moratorium does not apply to a charter school with
15virtual-schooling components existing or approved prior to
16April 1, 2013 or to the renewal of the charter of a charter
17school with virtual-schooling components already approved
18prior to April 1, 2013.
19    (c) A charter school shall be administered and governed by
20its board of directors or other governing body in the manner
21provided in its charter. The governing body of a charter
22school shall be subject to the Freedom of Information Act and
23the Open Meetings Act. No later than January 1, 2021 (one year
24after the effective date of Public Act 101-291), a charter
25school's board of directors or other governing body must
26include at least one parent or guardian of a pupil currently

 

 

HB2401- 3 -LRB103 30863 RJT 57376 b

1enrolled in the charter school who may be selected through the
2charter school or a charter network election, appointment by
3the charter school's board of directors or other governing
4body, or by the charter school's Parent Teacher Organization
5or its equivalent.
6    (c-5) No later than January 1, 2021 (one year after the
7effective date of Public Act 101-291) or within the first year
8of his or her first term, every voting member of a charter
9school's board of directors or other governing body shall
10complete a minimum of 4 hours of professional development
11leadership training to ensure that each member has sufficient
12familiarity with the board's or governing body's role and
13responsibilities, including financial oversight and
14accountability of the school, evaluating the principal's and
15school's performance, adherence to the Freedom of Information
16Act and the Open Meetings Act, and compliance with education
17and labor law. In each subsequent year of his or her term, a
18voting member of a charter school's board of directors or
19other governing body shall complete a minimum of 2 hours of
20professional development training in these same areas. The
21training under this subsection may be provided or certified by
22a statewide charter school membership association or may be
23provided or certified by other qualified providers approved by
24the State Board of Education.
25    (d) For purposes of this subsection (d), "non-curricular
26health and safety requirement" means any health and safety

 

 

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1requirement created by statute or rule to provide, maintain,
2preserve, or safeguard safe or healthful conditions for
3students and school personnel or to eliminate, reduce, or
4prevent threats to the health and safety of students and
5school personnel. "Non-curricular health and safety
6requirement" does not include any course of study or
7specialized instructional requirement for which the State
8Board has established goals and learning standards or which is
9designed primarily to impart knowledge and skills for students
10to master and apply as an outcome of their education.
11    A charter school shall comply with all non-curricular
12health and safety requirements applicable to public schools
13under the laws of the State of Illinois. On or before September
141, 2015, the State Board shall promulgate and post on its
15Internet website a list of non-curricular health and safety
16requirements that a charter school must meet. The list shall
17be updated annually no later than September 1. Any charter
18contract between a charter school and its authorizer must
19contain a provision that requires the charter school to follow
20the list of all non-curricular health and safety requirements
21promulgated by the State Board and any non-curricular health
22and safety requirements added by the State Board to such list
23during the term of the charter. Nothing in this subsection (d)
24precludes an authorizer from including non-curricular health
25and safety requirements in a charter school contract that are
26not contained in the list promulgated by the State Board,

 

 

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1including non-curricular health and safety requirements of the
2authorizing local school board.
3    (e) Except as otherwise provided in the School Code, a
4charter school shall not charge tuition; provided that a
5charter school may charge reasonable fees for textbooks,
6instructional materials, and student activities.
7    (f) A charter school shall be responsible for the
8management and operation of its fiscal affairs, including, but
9not limited to, the preparation of its budget. An audit of each
10charter school's finances shall be conducted annually by an
11outside, independent contractor retained by the charter
12school. The contractor shall not be an employee of the charter
13school or affiliated with the charter school or its authorizer
14in any way, other than to audit the charter school's finances.
15To ensure financial accountability for the use of public
16funds, on or before December 1 of every year of operation, each
17charter school shall submit to its authorizer and the State
18Board a copy of its audit and a copy of the Form 990 the
19charter school filed that year with the federal Internal
20Revenue Service. In addition, if deemed necessary for proper
21financial oversight of the charter school, an authorizer may
22require quarterly financial statements from each charter
23school.
24    (g) A charter school shall comply with all provisions of
25this Article, the Illinois Educational Labor Relations Act,
26all federal and State laws and rules applicable to public

 

 

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1schools that pertain to special education and the instruction
2of English learners, and its charter. A charter school is
3exempt from all other State laws and regulations in this Code
4governing public schools and local school board policies;
5however, a charter school is not exempt from the following:
6        (1) Sections 10-21.9 and 34-18.5 of this Code
7    regarding criminal history records checks and checks of
8    the Statewide Sex Offender Database and Statewide Murderer
9    and Violent Offender Against Youth Database of applicants
10    for employment;
11        (2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and
12    34-84a of this Code regarding discipline of students;
13        (3) the Local Governmental and Governmental Employees
14    Tort Immunity Act;
15        (4) Section 108.75 of the General Not For Profit
16    Corporation Act of 1986 regarding indemnification of
17    officers, directors, employees, and agents;
18        (5) the Abused and Neglected Child Reporting Act;
19        (5.5) subsection (b) of Section 10-23.12 and
20    subsection (b) of Section 34-18.6 of this Code;
21        (6) the Illinois School Student Records Act;
22        (7) Section 10-17a of this Code regarding school
23    report cards;
24        (8) the P-20 Longitudinal Education Data System Act;
25        (9) Section 27-23.7 of this Code regarding bullying
26    prevention;

 

 

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1        (10) Section 2-3.162 of this Code regarding student
2    discipline reporting;
3        (11) Sections 22-80 and 27-8.1 of this Code;
4        (12) Sections 10-20.60 and 34-18.53 of this Code;
5        (13) Sections 10-20.63 and 34-18.56 of this Code;
6        (14) Sections 22-90 and 26-18 of this Code;
7        (15) Section 22-30 of this Code;
8        (16) Sections 24-12 and 34-85 of this Code;
9        (17) the Seizure Smart School Act;
10        (18) Section 2-3.64a-10 of this Code;
11        (19) Sections 10-20.73 and 34-21.9 of this Code;
12        (20) Section 10-22.25b of this Code;
13        (21) Section 27-9.1a of this Code;
14        (22) Section 27-9.1b of this Code;
15        (23) Section 34-18.8 of this Code;
16        (25) Section 2-3.188 of this Code;
17        (26) Section 22-85.5 of this Code;
18        (27) subsections Subsections (d-10), (d-15), and
19    (d-20) of Section 10-20.56 of this Code; and
20        (28) Sections 10-20.83 and 34-18.78 of this Code; .
21        (29) (27) Section 10-20.13 of this Code;
22        (30) (28) Section 28-19.2 of this Code; and
23        (31) (29) Section 34-21.6 of this Code; and .
24        (33) Section 28-22 of this Code.
25    The change made by Public Act 96-104 to this subsection
26(g) is declaratory of existing law.

 

 

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1    (h) A charter school may negotiate and contract with a
2school district, the governing body of a State college or
3university or public community college, or any other public or
4for-profit or nonprofit private entity for: (i) the use of a
5school building and grounds or any other real property or
6facilities that the charter school desires to use or convert
7for use as a charter school site, (ii) the operation and
8maintenance thereof, and (iii) the provision of any service,
9activity, or undertaking that the charter school is required
10to perform in order to carry out the terms of its charter.
11However, a charter school that is established on or after
12April 16, 2003 (the effective date of Public Act 93-3) and that
13operates in a city having a population exceeding 500,000 may
14not contract with a for-profit entity to manage or operate the
15school during the period that commences on April 16, 2003 (the
16effective date of Public Act 93-3) and concludes at the end of
17the 2004-2005 school year. Except as provided in subsection
18(i) of this Section, a school district may charge a charter
19school reasonable rent for the use of the district's
20buildings, grounds, and facilities. Any services for which a
21charter school contracts with a school district shall be
22provided by the district at cost. Any services for which a
23charter school contracts with a local school board or with the
24governing body of a State college or university or public
25community college shall be provided by the public entity at
26cost.

 

 

HB2401- 9 -LRB103 30863 RJT 57376 b

1    (i) In no event shall a charter school that is established
2by converting an existing school or attendance center to
3charter school status be required to pay rent for space that is
4deemed available, as negotiated and provided in the charter
5agreement, in school district facilities. However, all other
6costs for the operation and maintenance of school district
7facilities that are used by the charter school shall be
8subject to negotiation between the charter school and the
9local school board and shall be set forth in the charter.
10    (j) A charter school may limit student enrollment by age
11or grade level.
12    (k) If the charter school is approved by the State Board or
13Commission, then the charter school is its own local education
14agency.
15(Source: P.A. 101-50, eff. 7-1-20; 101-81, eff. 7-12-19;
16101-291, eff. 1-1-20; 101-531, eff. 8-23-19; 101-543, eff.
178-23-19; 101-654, eff. 3-8-21; 102-51, eff. 7-9-21; 102-157,
18eff. 7-1-22; 102-360, eff. 1-1-22; 102-445, eff. 8-20-21;
19102-522, eff. 8-20-21; 102-558, eff. 8-20-21; 102-676, eff.
2012-3-21; 102-697, eff. 4-5-22; 102-805, eff. 1-1-23; 102-813,
21eff. 5-13-22; revised 12-13-22.)
 
22    (Text of Section after amendment by P.A. 102-702 but
23before amendment by P.A. 102-466)
24    Sec. 27A-5. Charter school; legal entity; requirements.
25    (a) A charter school shall be a public, nonsectarian,

 

 

HB2401- 10 -LRB103 30863 RJT 57376 b

1nonreligious, non-home based, and non-profit school. A charter
2school shall be organized and operated as a nonprofit
3corporation or other discrete, legal, nonprofit entity
4authorized under the laws of the State of Illinois.
5    (b) A charter school may be established under this Article
6by creating a new school or by converting an existing public
7school or attendance center to charter school status.
8Beginning on April 16, 2003 (the effective date of Public Act
993-3), in all new applications to establish a charter school
10in a city having a population exceeding 500,000, operation of
11the charter school shall be limited to one campus. The changes
12made to this Section by Public Act 93-3 do not apply to charter
13schools existing or approved on or before April 16, 2003 (the
14effective date of Public Act 93-3).
15    (b-5) In this subsection (b-5), "virtual-schooling" means
16a cyber school where students engage in online curriculum and
17instruction via the Internet and electronic communication with
18their teachers at remote locations and with students
19participating at different times.
20    From April 1, 2013 through December 31, 2016, there is a
21moratorium on the establishment of charter schools with
22virtual-schooling components in school districts other than a
23school district organized under Article 34 of this Code. This
24moratorium does not apply to a charter school with
25virtual-schooling components existing or approved prior to
26April 1, 2013 or to the renewal of the charter of a charter

 

 

HB2401- 11 -LRB103 30863 RJT 57376 b

1school with virtual-schooling components already approved
2prior to April 1, 2013.
3    (c) A charter school shall be administered and governed by
4its board of directors or other governing body in the manner
5provided in its charter. The governing body of a charter
6school shall be subject to the Freedom of Information Act and
7the Open Meetings Act. No later than January 1, 2021 (one year
8after the effective date of Public Act 101-291), a charter
9school's board of directors or other governing body must
10include at least one parent or guardian of a pupil currently
11enrolled in the charter school who may be selected through the
12charter school or a charter network election, appointment by
13the charter school's board of directors or other governing
14body, or by the charter school's Parent Teacher Organization
15or its equivalent.
16    (c-5) No later than January 1, 2021 (one year after the
17effective date of Public Act 101-291) or within the first year
18of his or her first term, every voting member of a charter
19school's board of directors or other governing body shall
20complete a minimum of 4 hours of professional development
21leadership training to ensure that each member has sufficient
22familiarity with the board's or governing body's role and
23responsibilities, including financial oversight and
24accountability of the school, evaluating the principal's and
25school's performance, adherence to the Freedom of Information
26Act and the Open Meetings Act, and compliance with education

 

 

HB2401- 12 -LRB103 30863 RJT 57376 b

1and labor law. In each subsequent year of his or her term, a
2voting member of a charter school's board of directors or
3other governing body shall complete a minimum of 2 hours of
4professional development training in these same areas. The
5training under this subsection may be provided or certified by
6a statewide charter school membership association or may be
7provided or certified by other qualified providers approved by
8the State Board of Education.
9    (d) For purposes of this subsection (d), "non-curricular
10health and safety requirement" means any health and safety
11requirement created by statute or rule to provide, maintain,
12preserve, or safeguard safe or healthful conditions for
13students and school personnel or to eliminate, reduce, or
14prevent threats to the health and safety of students and
15school personnel. "Non-curricular health and safety
16requirement" does not include any course of study or
17specialized instructional requirement for which the State
18Board has established goals and learning standards or which is
19designed primarily to impart knowledge and skills for students
20to master and apply as an outcome of their education.
21    A charter school shall comply with all non-curricular
22health and safety requirements applicable to public schools
23under the laws of the State of Illinois. On or before September
241, 2015, the State Board shall promulgate and post on its
25Internet website a list of non-curricular health and safety
26requirements that a charter school must meet. The list shall

 

 

HB2401- 13 -LRB103 30863 RJT 57376 b

1be updated annually no later than September 1. Any charter
2contract between a charter school and its authorizer must
3contain a provision that requires the charter school to follow
4the list of all non-curricular health and safety requirements
5promulgated by the State Board and any non-curricular health
6and safety requirements added by the State Board to such list
7during the term of the charter. Nothing in this subsection (d)
8precludes an authorizer from including non-curricular health
9and safety requirements in a charter school contract that are
10not contained in the list promulgated by the State Board,
11including non-curricular health and safety requirements of the
12authorizing local school board.
13    (e) Except as otherwise provided in the School Code, a
14charter school shall not charge tuition; provided that a
15charter school may charge reasonable fees for textbooks,
16instructional materials, and student activities.
17    (f) A charter school shall be responsible for the
18management and operation of its fiscal affairs, including, but
19not limited to, the preparation of its budget. An audit of each
20charter school's finances shall be conducted annually by an
21outside, independent contractor retained by the charter
22school. The contractor shall not be an employee of the charter
23school or affiliated with the charter school or its authorizer
24in any way, other than to audit the charter school's finances.
25To ensure financial accountability for the use of public
26funds, on or before December 1 of every year of operation, each

 

 

HB2401- 14 -LRB103 30863 RJT 57376 b

1charter school shall submit to its authorizer and the State
2Board a copy of its audit and a copy of the Form 990 the
3charter school filed that year with the federal Internal
4Revenue Service. In addition, if deemed necessary for proper
5financial oversight of the charter school, an authorizer may
6require quarterly financial statements from each charter
7school.
8    (g) A charter school shall comply with all provisions of
9this Article, the Illinois Educational Labor Relations Act,
10all federal and State laws and rules applicable to public
11schools that pertain to special education and the instruction
12of English learners, and its charter. A charter school is
13exempt from all other State laws and regulations in this Code
14governing public schools and local school board policies;
15however, a charter school is not exempt from the following:
16        (1) Sections 10-21.9 and 34-18.5 of this Code
17    regarding criminal history records checks and checks of
18    the Statewide Sex Offender Database and Statewide Murderer
19    and Violent Offender Against Youth Database of applicants
20    for employment;
21        (2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and
22    34-84a of this Code regarding discipline of students;
23        (3) the Local Governmental and Governmental Employees
24    Tort Immunity Act;
25        (4) Section 108.75 of the General Not For Profit
26    Corporation Act of 1986 regarding indemnification of

 

 

HB2401- 15 -LRB103 30863 RJT 57376 b

1    officers, directors, employees, and agents;
2        (5) the Abused and Neglected Child Reporting Act;
3        (5.5) subsection (b) of Section 10-23.12 and
4    subsection (b) of Section 34-18.6 of this Code;
5        (6) the Illinois School Student Records Act;
6        (7) Section 10-17a of this Code regarding school
7    report cards;
8        (8) the P-20 Longitudinal Education Data System Act;
9        (9) Section 27-23.7 of this Code regarding bullying
10    prevention;
11        (10) Section 2-3.162 of this Code regarding student
12    discipline reporting;
13        (11) Sections 22-80 and 27-8.1 of this Code;
14        (12) Sections 10-20.60 and 34-18.53 of this Code;
15        (13) Sections 10-20.63 and 34-18.56 of this Code;
16        (14) Sections 22-90 and 26-18 of this Code;
17        (15) Section 22-30 of this Code;
18        (16) Sections 24-12 and 34-85 of this Code;
19        (17) the Seizure Smart School Act;
20        (18) Section 2-3.64a-10 of this Code;
21        (19) Sections 10-20.73 and 34-21.9 of this Code;
22        (20) Section 10-22.25b of this Code;
23        (21) Section 27-9.1a of this Code;
24        (22) Section 27-9.1b of this Code;
25        (23) Section 34-18.8 of this Code; and
26        (25) Section 2-3.188 of this Code;

 

 

HB2401- 16 -LRB103 30863 RJT 57376 b

1        (26) Section 22-85.5 of this Code;
2        (27) subsections Subsections (d-10), (d-15), and
3    (d-20) of Section 10-20.56 of this Code; and
4        (28) Sections 10-20.83 and 34-18.78 of this Code; .
5        (29) (27) Section 10-20.13 of this Code;
6        (30) (28) Section 28-19.2 of this Code; and
7        (31) (29) Section 34-21.6 of this Code; .
8        (32) (25) Section 22-85.10 of this Code ; and .
9        (33) Section 28-22 of this Code.
10    The change made by Public Act 96-104 to this subsection
11(g) is declaratory of existing law.
12    (h) A charter school may negotiate and contract with a
13school district, the governing body of a State college or
14university or public community college, or any other public or
15for-profit or nonprofit private entity for: (i) the use of a
16school building and grounds or any other real property or
17facilities that the charter school desires to use or convert
18for use as a charter school site, (ii) the operation and
19maintenance thereof, and (iii) the provision of any service,
20activity, or undertaking that the charter school is required
21to perform in order to carry out the terms of its charter.
22However, a charter school that is established on or after
23April 16, 2003 (the effective date of Public Act 93-3) and that
24operates in a city having a population exceeding 500,000 may
25not contract with a for-profit entity to manage or operate the
26school during the period that commences on April 16, 2003 (the

 

 

HB2401- 17 -LRB103 30863 RJT 57376 b

1effective date of Public Act 93-3) and concludes at the end of
2the 2004-2005 school year. Except as provided in subsection
3(i) of this Section, a school district may charge a charter
4school reasonable rent for the use of the district's
5buildings, grounds, and facilities. Any services for which a
6charter school contracts with a school district shall be
7provided by the district at cost. Any services for which a
8charter school contracts with a local school board or with the
9governing body of a State college or university or public
10community college shall be provided by the public entity at
11cost.
12    (i) In no event shall a charter school that is established
13by converting an existing school or attendance center to
14charter school status be required to pay rent for space that is
15deemed available, as negotiated and provided in the charter
16agreement, in school district facilities. However, all other
17costs for the operation and maintenance of school district
18facilities that are used by the charter school shall be
19subject to negotiation between the charter school and the
20local school board and shall be set forth in the charter.
21    (j) A charter school may limit student enrollment by age
22or grade level.
23    (k) If the charter school is approved by the State Board or
24Commission, then the charter school is its own local education
25agency.
26(Source: P.A. 101-50, eff. 7-1-20; 101-81, eff. 7-12-19;

 

 

HB2401- 18 -LRB103 30863 RJT 57376 b

1101-291, eff. 1-1-20; 101-531, eff. 8-23-19; 101-543, eff.
28-23-19; 101-654, eff. 3-8-21; 102-51, eff. 7-9-21; 102-157,
3eff. 7-1-22; 102-360, eff. 1-1-22; 102-445, eff. 8-20-21;
4102-522, eff. 8-20-21; 102-558, eff. 8-20-21; 102-676, eff.
512-3-21; 102-697, eff. 4-5-22; 102-702, eff. 7-1-23; 102-805,
6eff. 1-1-23; 102-813, eff. 5-13-22; revised 12-13-22.)
 
7    (Text of Section after amendment by P.A. 102-466)
8    Sec. 27A-5. Charter school; legal entity; requirements.
9    (a) A charter school shall be a public, nonsectarian,
10nonreligious, non-home based, and non-profit school. A charter
11school shall be organized and operated as a nonprofit
12corporation or other discrete, legal, nonprofit entity
13authorized under the laws of the State of Illinois.
14    (b) A charter school may be established under this Article
15by creating a new school or by converting an existing public
16school or attendance center to charter school status.
17Beginning on April 16, 2003 (the effective date of Public Act
1893-3), in all new applications to establish a charter school
19in a city having a population exceeding 500,000, operation of
20the charter school shall be limited to one campus. The changes
21made to this Section by Public Act 93-3 do not apply to charter
22schools existing or approved on or before April 16, 2003 (the
23effective date of Public Act 93-3).
24    (b-5) In this subsection (b-5), "virtual-schooling" means
25a cyber school where students engage in online curriculum and

 

 

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1instruction via the Internet and electronic communication with
2their teachers at remote locations and with students
3participating at different times.
4    From April 1, 2013 through December 31, 2016, there is a
5moratorium on the establishment of charter schools with
6virtual-schooling components in school districts other than a
7school district organized under Article 34 of this Code. This
8moratorium does not apply to a charter school with
9virtual-schooling components existing or approved prior to
10April 1, 2013 or to the renewal of the charter of a charter
11school with virtual-schooling components already approved
12prior to April 1, 2013.
13    (c) A charter school shall be administered and governed by
14its board of directors or other governing body in the manner
15provided in its charter. The governing body of a charter
16school shall be subject to the Freedom of Information Act and
17the Open Meetings Act. No later than January 1, 2021 (one year
18after the effective date of Public Act 101-291), a charter
19school's board of directors or other governing body must
20include at least one parent or guardian of a pupil currently
21enrolled in the charter school who may be selected through the
22charter school or a charter network election, appointment by
23the charter school's board of directors or other governing
24body, or by the charter school's Parent Teacher Organization
25or its equivalent.
26    (c-5) No later than January 1, 2021 (one year after the

 

 

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1effective date of Public Act 101-291) or within the first year
2of his or her first term, every voting member of a charter
3school's board of directors or other governing body shall
4complete a minimum of 4 hours of professional development
5leadership training to ensure that each member has sufficient
6familiarity with the board's or governing body's role and
7responsibilities, including financial oversight and
8accountability of the school, evaluating the principal's and
9school's performance, adherence to the Freedom of Information
10Act and the Open Meetings Act, and compliance with education
11and labor law. In each subsequent year of his or her term, a
12voting member of a charter school's board of directors or
13other governing body shall complete a minimum of 2 hours of
14professional development training in these same areas. The
15training under this subsection may be provided or certified by
16a statewide charter school membership association or may be
17provided or certified by other qualified providers approved by
18the State Board of Education.
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
25school personnel. "Non-curricular health and safety
26requirement" does not include any course of study or

 

 

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1specialized instructional requirement for which the State
2Board has established goals and learning standards or which is
3designed primarily to impart knowledge and skills for students
4to master and apply as an outcome 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
11be updated 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. The contractor shall not be an employee of the charter
7school or affiliated with the charter school or its authorizer
8in any way, other than to audit the charter school's finances.
9To ensure financial accountability for the use of public
10funds, on or before December 1 of every year of operation, each
11charter school shall submit to its authorizer and the State
12Board a copy of its audit and a copy of the Form 990 the
13charter school filed that year with the federal Internal
14Revenue Service. In addition, if deemed necessary for proper
15financial oversight of the charter school, an authorizer may
16require quarterly financial statements from each charter
17school.
18    (g) A charter school shall comply with all provisions of
19this Article, the Illinois Educational Labor Relations Act,
20all federal and State laws and rules applicable to public
21schools that pertain to special education and the instruction
22of English learners, and its charter. A charter school is
23exempt from all other State laws and regulations in this Code
24governing public schools and local school board policies;
25however, a charter school is not exempt from the following:
26        (1) Sections 10-21.9 and 34-18.5 of this Code

 

 

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1    regarding criminal history records checks and checks of
2    the Statewide Sex Offender Database and Statewide Murderer
3    and Violent Offender Against Youth Database of applicants
4    for employment;
5        (2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and
6    34-84a of this Code regarding discipline of students;
7        (3) the Local Governmental and Governmental Employees
8    Tort Immunity Act;
9        (4) Section 108.75 of the General Not For Profit
10    Corporation Act of 1986 regarding indemnification of
11    officers, directors, employees, and agents;
12        (5) the Abused and Neglected Child Reporting Act;
13        (5.5) subsection (b) of Section 10-23.12 and
14    subsection (b) of Section 34-18.6 of this Code;
15        (6) the Illinois School Student Records Act;
16        (7) Section 10-17a of this Code regarding school
17    report cards;
18        (8) the P-20 Longitudinal Education Data System Act;
19        (9) Section 27-23.7 of this Code regarding bullying
20    prevention;
21        (10) Section 2-3.162 of this Code regarding student
22    discipline reporting;
23        (11) Sections 22-80 and 27-8.1 of this Code;
24        (12) Sections 10-20.60 and 34-18.53 of this Code;
25        (13) Sections 10-20.63 and 34-18.56 of this Code;
26        (14) Sections 22-90 and 26-18 of this Code;

 

 

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1        (15) Section 22-30 of this Code;
2        (16) Sections 24-12 and 34-85 of this Code;
3        (17) the Seizure Smart School Act;
4        (18) Section 2-3.64a-10 of this Code;
5        (19) Sections 10-20.73 and 34-21.9 of this Code;
6        (20) Section 10-22.25b of this Code;
7        (21) Section 27-9.1a of this Code;
8        (22) Section 27-9.1b of this Code;
9        (23) Section 34-18.8 of this Code;
10        (24) Article 26A of this Code; and
11        (25) Section 2-3.188 of this Code;
12        (26) Section 22-85.5 of this Code;
13        (27) subsections Subsections (d-10), (d-15), and
14    (d-20) of Section 10-20.56 of this Code; and
15        (28) Sections 10-20.83 and 34-18.78 of this Code; .
16        (29) (27) Section 10-20.13 of this Code;
17        (30) (28) Section 28-19.2 of this Code; and
18        (31) (29) Section 34-21.6 of this Code; .
19        (32) (25) Section 22-85.10 of this Code; and .
20        (33) Section 28-22 of this Code.
21    The change made by Public Act 96-104 to this subsection
22(g) is declaratory of existing law.
23    (h) A charter school may negotiate and contract with a
24school district, the governing body of a State college or
25university or public community college, or any other public or
26for-profit or nonprofit private entity for: (i) the use of a

 

 

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1school building and grounds or any other real property or
2facilities that the charter school desires to use or convert
3for use as a charter school site, (ii) the operation and
4maintenance thereof, and (iii) the provision of any service,
5activity, or undertaking that the charter school is required
6to perform in order to carry out the terms of its charter.
7However, a charter school that is established on or after
8April 16, 2003 (the effective date of Public Act 93-3) and that
9operates in a city having a population exceeding 500,000 may
10not contract with a for-profit entity to manage or operate the
11school during the period that commences on April 16, 2003 (the
12effective date of Public Act 93-3) and concludes at the end of
13the 2004-2005 school year. Except as provided in subsection
14(i) of this Section, a school district may charge a charter
15school reasonable rent for the use of the district's
16buildings, grounds, and facilities. Any services for which a
17charter school contracts with a school district shall be
18provided by the district at cost. Any services for which a
19charter school contracts with a local school board or with the
20governing body of a State college or university or public
21community college shall be provided by the public entity at
22cost.
23    (i) In no event shall a charter school that is established
24by converting an existing school or attendance center to
25charter school status be required to pay rent for space that is
26deemed available, as negotiated and provided in the charter

 

 

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1agreement, in school district facilities. However, all other
2costs for the operation and maintenance of school district
3facilities that are used by the charter school shall be
4subject to negotiation between the charter school and the
5local school board and shall be set forth in the charter.
6    (j) A charter school may limit student enrollment by age
7or grade level.
8    (k) If the charter school is approved by the State Board or
9Commission, then the charter school is its own local education
10agency.
11(Source: P.A. 101-50, eff. 7-1-20; 101-81, eff. 7-12-19;
12101-291, eff. 1-1-20; 101-531, eff. 8-23-19; 101-543, eff.
138-23-19; 101-654, eff. 3-8-21; 102-51, eff. 7-9-21; 102-157,
14eff. 7-1-22; 102-360, eff. 1-1-22; 102-445, eff. 8-20-21;
15102-466, eff. 7-1-25; 102-522, eff. 8-20-21; 102-558, eff.
168-20-21; 102-676, eff. 12-3-21; 102-697, eff. 4-5-22; 102-702,
17eff. 7-1-23; 102-805, eff. 1-1-23; 102-813, eff. 5-13-22;
18revised 12-13-22.)
 
19    (105 ILCS 5/28-22 new)
20    Sec. 28-22. Literature selection requirements.
21    (a) To ensure that students in grades kindergarten through
2212 receive exposure to diverse peoples, cultures, and
23backgrounds to better develop tolerance, understanding,
24appreciation, and acceptance of others, a school district
25shall require that books that are included as a part of any

 

 

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1course, material, instruction, reading assignment, or other
2school curricula related to literature during the school year
3or that appear on summer reading lists must include books that
4are written by diverse authors, including, but not limited to,
5authors who are African American, women, Native American,
6LatinX, and Asian. Reading material may not perpetuate bias
7against persons based on, but not limited to, any of the
8following the categories:
9        (1) Ability.
10        (2) Race.
11        (3) Language.
12        (4) Beliefs.
13        (5) Gender.
14        (6) Culture.
15        (7) Family dynamics.
16        (8) Socioeconomic status.
17    (b) For any school district utilizing federal funds under
18Title I, Part A of the federal Elementary and Secondary
19Education Act of 1965, the selection of each book to be
20included in a reading assignment, course material and
21instruction, or other school curricula related to literature
22must first receive prior approval from the school board before
23the book may be included. The criteria for the approval or
24denial of a book shall be determined by school board policy,
25but the minimum requirement is that the book may not be
26approved by the school board if the book contains language or

 

 

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1material that is derogatory or racist or incites hate against
2any persons.
3    (c) The State Board of Education shall adopt any rules and
4guidelines necessary to implement this Section.
 
5    Section 95. No acceleration or delay. Where this Act makes
6changes in a statute that is represented in this Act by text
7that is not yet or no longer in effect (for example, a Section
8represented by multiple versions), the use of that text does
9not accelerate or delay the taking effect of (i) the changes
10made by this Act or (ii) provisions derived from any other
11Public Act.
 
12    Section 99. Effective date. This Act takes effect upon
13becoming law.