Full Text of HB3884 102nd General Assembly
HB3884 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 HB3884 Introduced 2/22/2021, by Rep. Joyce Mason SYNOPSIS AS INTRODUCED: |
| 105 ILCS 5/2-3.12b new | | 105 ILCS 5/27A-5 | |
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Amends the School Code. Provides that the State Board of Education shall require that a school construction project commenced on or after January 1, 2022 include the installation of a solar energy system or other renewable energy system. Provides that the project may also include the installation of a supplemental conventional energy system. Defines terms. Effective immediately.
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| | FISCAL NOTE ACT MAY APPLY | | STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT |
| | A BILL FOR |
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| 1 | | AN ACT concerning education.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The School Code is amended by adding Section | 5 | | 2-3.12b and by changing Section 27A-5 as follows: | 6 | | (105 ILCS 5/2-3.12b new) | 7 | | Sec. 2-3.12b. School construction; solar energy system | 8 | | required. | 9 | | (a) As used in this Section: | 10 | | "School construction project" means the building plan, | 11 | | design, and construction of a school building or structure in | 12 | | which the construction of the building or structure commences | 13 | | on or after January 1, 2022. "School construction project" | 14 | | does not include the reconstruction of, the rehabilitation of, | 15 | | or improvements to an building or structure in existence | 16 | | before January 1, 2022. | 17 | | "Solar energy system" has the meaning ascribed to that | 18 | | term in the Comprehensive Solar Energy Act of 1977. | 19 | | "Supplemental conventional energy system" has the meaning | 20 | | ascribed to that term in the Comprehensive Solar Energy Act of | 21 | | 1977. | 22 | | (b) The State Board of Education shall require that a | 23 | | school construction project include the installation of a |
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| 1 | | solar energy system or other renewable energy system for the | 2 | | purpose of providing electricity, heating, or cooling to the | 3 | | school building or structure. In addition to the installation | 4 | | of the solar energy system or other renewable energy system, a | 5 | | supplemental conventional energy system may be installed.
| 6 | | (105 ILCS 5/27A-5)
| 7 | | Sec. 27A-5. Charter school; legal entity; requirements.
| 8 | | (a) A charter school shall be a public, nonsectarian, | 9 | | nonreligious, non-home
based, and non-profit school. A charter | 10 | | school shall be organized and operated
as a nonprofit | 11 | | corporation or other discrete, legal, nonprofit entity
| 12 | | authorized under the laws of the State of Illinois.
| 13 | | (b) A charter school may be established under this Article | 14 | | by creating a new
school or by converting an existing public | 15 | | school or attendance center to
charter
school status.
| 16 | | Beginning on April 16, 2003 (the effective date of Public Act | 17 | | 93-3), in all new
applications to establish
a charter
school | 18 | | in a city having a population exceeding 500,000, operation of | 19 | | the
charter
school shall be limited to one campus. The changes | 20 | | made to this Section by Public Act 93-3 do not apply to charter | 21 | | schools existing or approved on or before April 16, 2003 (the
| 22 | | effective date of Public Act 93-3). | 23 | | (b-5) In this subsection (b-5), "virtual-schooling" means | 24 | | a cyber school where students engage in online curriculum and | 25 | | instruction via the Internet and electronic communication with |
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| 1 | | their teachers at remote locations and with students | 2 | | participating at different times. | 3 | | From April 1, 2013 through December 31, 2016, there is a | 4 | | moratorium on the establishment of charter schools with | 5 | | virtual-schooling components in school districts other than a | 6 | | school district organized under Article 34 of this Code. This | 7 | | moratorium does not apply to a charter school with | 8 | | virtual-schooling components existing or approved prior to | 9 | | April 1, 2013 or to the renewal of the charter of a charter | 10 | | school with virtual-schooling components already approved | 11 | | prior to April 1, 2013.
| 12 | | (c) A charter school shall be administered and governed by | 13 | | its board of
directors or other governing body
in the manner | 14 | | provided in its charter. The governing body of a charter | 15 | | school
shall be subject to the Freedom of Information Act and | 16 | | the Open Meetings Act. No later than January 1, 2021 ( one year | 17 | | after the effective date of Public Act 101-291) this | 18 | | amendatory Act of the 101st General Assembly , a charter | 19 | | school's board of directors or other governing body must | 20 | | include at least one parent or guardian of a pupil currently | 21 | | enrolled in the charter school who may be selected through the | 22 | | charter school or a charter network election, appointment by | 23 | | the charter school's board of directors or other governing | 24 | | body, or by the charter school's Parent Teacher Organization | 25 | | or its equivalent. | 26 | | (c-5) No later than January 1, 2021 ( one year after the |
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| 1 | | effective date of Public Act 101-291) this amendatory Act of | 2 | | the 101st General Assembly or within the first year of his or | 3 | | her first term, every voting member of a charter school's | 4 | | board of directors or other governing body shall complete a | 5 | | minimum of 4 hours of professional development leadership | 6 | | training to ensure that each member has sufficient familiarity | 7 | | with the board's or governing body's role and | 8 | | responsibilities, including financial oversight and | 9 | | accountability of the school, evaluating the principal's and | 10 | | school's performance, adherence to the Freedom of Information | 11 | | Act and the Open Meetings Act Acts , and compliance with | 12 | | education and labor law. In each subsequent year of his or her | 13 | | term, a voting member of a charter school's board of directors | 14 | | or other governing body shall complete a minimum of 2 hours of | 15 | | professional development training in these same areas. The | 16 | | training under this subsection may be provided or certified by | 17 | | a statewide charter school membership association or may be | 18 | | provided or certified by other qualified providers approved by | 19 | | the State Board of Education.
| 20 | | (d) For purposes of this subsection (d), "non-curricular | 21 | | health and safety requirement" means any health and safety | 22 | | requirement created by statute or rule to provide, maintain, | 23 | | preserve, or safeguard safe or healthful conditions for | 24 | | students and school personnel or to eliminate, reduce, or | 25 | | prevent threats to the health and safety of students and | 26 | | school personnel. "Non-curricular health and safety |
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| 1 | | requirement" does not include any course of study or | 2 | | specialized instructional requirement for which the State | 3 | | Board has established goals and learning standards or which is | 4 | | designed primarily to impart knowledge and skills for students | 5 | | to master and apply as an outcome of their education. | 6 | | A charter school shall comply with all non-curricular | 7 | | health and safety
requirements applicable to public schools | 8 | | under the laws of the State of
Illinois. On or before September | 9 | | 1, 2015, the State Board shall promulgate and post on its | 10 | | Internet website a list of non-curricular health and safety | 11 | | requirements that a charter school must meet. The list shall | 12 | | be updated annually no later than September 1. Any charter | 13 | | contract between a charter school and its authorizer must | 14 | | contain a provision that requires the charter school to follow | 15 | | the list of all non-curricular health and safety requirements | 16 | | promulgated by the State Board and any non-curricular health | 17 | | and safety requirements added by the State Board to such list | 18 | | during the term of the charter. Nothing in this subsection (d) | 19 | | precludes an authorizer from including non-curricular health | 20 | | and safety requirements in a charter school contract that are | 21 | | not contained in the list promulgated by the State Board, | 22 | | including non-curricular health and safety requirements of the | 23 | | authorizing local school board.
| 24 | | (e) Except as otherwise provided in the School Code, a | 25 | | charter school shall
not charge tuition; provided that a | 26 | | charter school may charge reasonable fees
for textbooks, |
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| 1 | | instructional materials, and student activities.
| 2 | | (f) A charter school shall be responsible for the | 3 | | management and operation
of its fiscal affairs including,
but | 4 | | not limited to, the preparation of its budget. An audit of each | 5 | | charter
school's finances shall be conducted annually by an | 6 | | outside, independent
contractor retained by the charter | 7 | | school. To ensure financial accountability for the use of | 8 | | public funds, on or before December 1 of every year of | 9 | | operation, each charter school shall submit to its authorizer | 10 | | and the State Board a copy of its audit and a copy of the Form | 11 | | 990 the charter school filed that year with the federal | 12 | | Internal Revenue Service. In addition, if deemed necessary for | 13 | | proper financial oversight of the charter school, an | 14 | | authorizer may require quarterly financial statements from | 15 | | each charter school.
| 16 | | (g) A charter school shall comply with all provisions of | 17 | | this Article, the Illinois Educational Labor Relations Act, | 18 | | all federal and State laws and rules applicable to public | 19 | | schools that pertain to special education and the instruction | 20 | | of English learners, and
its charter. A charter
school is | 21 | | exempt from all other State laws and regulations in this Code
| 22 | | governing public
schools and local school board policies; | 23 | | however, a charter school is not exempt from the following:
| 24 | | (1) Sections 10-21.9 and 34-18.5 of this Code | 25 | | regarding criminal
history records checks and checks of | 26 | | the Statewide Sex Offender Database and Statewide Murderer |
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| 1 | | and Violent Offender Against Youth Database of applicants | 2 | | for employment;
| 3 | | (2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and | 4 | | 34-84a of this Code regarding discipline of
students;
| 5 | | (3) the Local Governmental and Governmental Employees | 6 | | Tort Immunity Act;
| 7 | | (4) Section 108.75 of the General Not For Profit | 8 | | Corporation Act of 1986
regarding indemnification of | 9 | | officers, directors, employees, and agents;
| 10 | | (5) the Abused and Neglected Child Reporting Act;
| 11 | | (5.5) subsection (b) of Section 10-23.12 and | 12 | | subsection (b) of Section 34-18.6 of this Code; | 13 | | (6) the Illinois School Student Records Act;
| 14 | | (7) Section 10-17a of this Code regarding school | 15 | | report cards;
| 16 | | (8) the P-20 Longitudinal Education Data System Act; | 17 | | (9) Section 27-23.7 of this Code regarding bullying | 18 | | prevention; | 19 | | (10) Section 2-3.162 of this Code regarding student | 20 | | discipline reporting; | 21 | | (11) Sections 22-80 and 27-8.1 of this Code; | 22 | | (12) Sections 10-20.60 and 34-18.53 of this Code; | 23 | | (13) Sections 10-20.63 and 34-18.56 of this Code; | 24 | | (14) Section 26-18 of this Code; | 25 | | (15) Section 22-30 of this Code; and | 26 | | (16) Sections 24-12 and 34-85 of this Code ; . |
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| 1 | | (17) the (16) The Seizure Smart School Act ; and . | 2 | | (18) Section 2-3.12b of this Code. | 3 | | The change made by Public Act 96-104 to this subsection | 4 | | (g) is declaratory of existing law. | 5 | | (h) A charter school may negotiate and contract with a | 6 | | school district, the
governing body of a State college or | 7 | | university or public community college, or
any other public or | 8 | | for-profit or nonprofit private entity for: (i) the use
of a | 9 | | school building and grounds or any other real property or | 10 | | facilities that
the charter school desires to use or convert | 11 | | for use as a charter school site,
(ii) the operation and | 12 | | maintenance thereof, and
(iii) the provision of any service, | 13 | | activity, or undertaking that the charter
school is required | 14 | | to perform in order to carry out the terms of its charter.
| 15 | | However, a charter school
that is established on
or
after | 16 | | April 16, 2003 (the effective date of Public Act 93-3) and that | 17 | | operates
in a city having a population exceeding
500,000 may | 18 | | not contract with a for-profit entity to
manage or operate the | 19 | | school during the period that commences on April 16, 2003 (the
| 20 | | effective date of Public Act 93-3) and
concludes at the end of | 21 | | the 2004-2005 school year.
Except as provided in subsection | 22 | | (i) of this Section, a school district may
charge a charter | 23 | | school reasonable rent for the use of the district's
| 24 | | buildings, grounds, and facilities. Any services for which a | 25 | | charter school
contracts
with a school district shall be | 26 | | provided by the district at cost. Any services
for which a |
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| 1 | | charter school contracts with a local school board or with the
| 2 | | governing body of a State college or university or public | 3 | | community college
shall be provided by the public entity at | 4 | | cost.
| 5 | | (i) In no event shall a charter school that is established | 6 | | by converting an
existing school or attendance center to | 7 | | charter school status be required to
pay rent for space
that is | 8 | | deemed available, as negotiated and provided in the charter | 9 | | agreement,
in school district
facilities. However, all other | 10 | | costs for the operation and maintenance of
school district | 11 | | facilities that are used by the charter school shall be | 12 | | subject
to negotiation between
the charter school and the | 13 | | local school board and shall be set forth in the
charter.
| 14 | | (j) A charter school may limit student enrollment by age | 15 | | or grade level.
| 16 | | (k) If the charter school is approved by the State Board or | 17 | | Commission, then the charter school is its own local education | 18 | | agency. | 19 | | (Source: P.A. 100-29, eff. 1-1-18; 100-156, eff. 1-1-18; | 20 | | 100-163, eff. 1-1-18; 100-413, eff. 1-1-18; 100-468, eff. | 21 | | 6-1-18; 100-726, eff. 1-1-19; 100-863, eff. 8-14-18; 101-50, | 22 | | eff. 7-1-20; 101-81, eff. 7-12-19; 101-291, eff. 1-1-20; | 23 | | 101-531, eff. 8-23-19; 101-543, eff. 8-23-19; revised 8-4-20.)
| 24 | | Section 99. Effective date. This Act takes effect upon | 25 | | becoming law.
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