Illinois General Assembly - Full Text of HB2369
Illinois General Assembly

Previous General Assemblies

Full Text of HB2369  100th General Assembly

HB2369 100TH GENERAL ASSEMBLY

  
  

 


 
100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB2369

 

Introduced , by Rep. Sonya M. Harper

 

SYNOPSIS AS INTRODUCED:
 
105 ILCS 5/10-20.60 new
105 ILCS 5/27A-5
105 ILCS 5/34-18.53 new

    Amends the School Code. Requires a public school, including a charter school, to provide reasonable accommodations to a lactating pupil on a school campus to express breast milk, breastfeed an infant child, or address other needs related to breastfeeding. Sets forth what reasonable accommodations include. Provides that (i) a lactating pupil on a school campus must be provided a reasonable amount of time to accommodate her need to express breast milk or breastfeed an infant child, (ii) a public school shall provide the reasonable accommodations only if there is at least one lactating pupil on the school campus, (iii) a public school may use an existing facility to meet the requirements, and (iv) a pupil may not incur an academic penalty as a result of her use, during the school day, of the reasonable accommodations and must be provided the opportunity to make up any work missed due to such use. Sets forth a complaint procedure.


LRB100 08191 NHT 18287 b

FISCAL NOTE ACT MAY APPLY
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

 

 

A BILL FOR

 

HB2369LRB100 08191 NHT 18287 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 adding Sections
510-20.60 and 34-18.53 and by changing Section 27A-5 as follows:
 
6    (105 ILCS 5/10-20.60 new)
7    Sec. 10-20.60. Breastfeeding accommodations for pupils.
8    (a) A public school shall provide reasonable
9accommodations to a lactating pupil on a school campus to
10express breast milk, breastfeed an infant child, or address
11other needs related to breastfeeding. Reasonable
12accommodations under this Section include, but are not limited
13to, all of the following:
14        (1) Access to a private and secure room, other than a
15    restroom, to express breast milk or breastfeed an infant
16    child.
17        (2) Permission to bring onto a school campus a breast
18    pump and any other equipment used to express breast milk.
19        (3) Access to a power source for a breast pump or any
20    other equipment used to express breast milk.
21        (4) Access to a place to store expressed breast milk
22    safely.
23    (b) A lactating pupil on a school campus must be provided a

 

 

HB2369- 2 -LRB100 08191 NHT 18287 b

1reasonable amount of time to accommodate her need to express
2breast milk or breastfeed an infant child.
3    (c) A public school shall provide the reasonable
4accommodations specified in subsections (a) and (b) of this
5Section only if there is at least one lactating pupil on the
6school campus.
7    (d) A public school may use an existing facility to meet
8the requirements specified in subsection (a) of this Section.
9    (e) A pupil may not incur an academic penalty as a result
10of her use, during the school day, of the reasonable
11accommodations specified in this Section and must be provided
12the opportunity to make up any work missed due to such use.
13    (f) A complaint of noncompliance with the requirements of
14this Section may be filed with the school board, and the school
15board shall respond to the complaint within 60 days after the
16complaint has been filed.
17    A complainant not satisfied with the decision of the school
18board may appeal the decision to the State Board of Education
19and shall receive a written decision regarding the appeal
20within 60 days after the State Board's receipt of the appeal.
21    If a school board finds merit in a complaint or if the
22State Board finds merit in an appeal, the school board shall
23provide a remedy to the affected pupil.
 
24    (105 ILCS 5/27A-5)
25    (Text of Section before amendment by P.A. 99-927)

 

 

HB2369- 3 -LRB100 08191 NHT 18287 b

1    Sec. 27A-5. Charter school; legal entity; requirements.
2    (a) A charter school shall be a public, nonsectarian,
3nonreligious, non-home based, and non-profit school. A charter
4school shall be organized and operated as a nonprofit
5corporation or other discrete, legal, nonprofit entity
6authorized under the laws of the State of Illinois.
7    (b) A charter school may be established under this Article
8by creating a new school or by converting an existing public
9school or attendance center to charter school status. Beginning
10on April 16, 2003 (the effective date of Public Act 93-3), in
11all new applications to establish a charter school in a city
12having a population exceeding 500,000, operation of the charter
13school shall be limited to one campus. The changes made to this
14Section by Public Act 93-3 do not apply to charter schools
15existing or approved on or before April 16, 2003 (the effective
16date of Public Act 93-3).
17    (b-5) In this subsection (b-5), "virtual-schooling" means
18a cyber school where students engage in online curriculum and
19instruction via the Internet and electronic communication with
20their teachers at remote locations and with students
21participating at different times.
22    From April 1, 2013 through December 31, 2016, there is a
23moratorium on the establishment of charter schools with
24virtual-schooling components in school districts other than a
25school district organized under Article 34 of this Code. This
26moratorium does not apply to a charter school with

 

 

HB2369- 4 -LRB100 08191 NHT 18287 b

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

 

 

HB2369- 5 -LRB100 08191 NHT 18287 b

1outcome of their education.
2    A charter school shall comply with all non-curricular
3health and safety requirements applicable to public schools
4under the laws of the State of Illinois. On or before September
51, 2015, the State Board shall promulgate and post on its
6Internet website a list of non-curricular health and safety
7requirements that a charter school must meet. The list shall be
8updated annually no later than September 1. Any charter
9contract between a charter school and its authorizer must
10contain a provision that requires the charter school to follow
11the list of all non-curricular health and safety requirements
12promulgated by the State Board and any non-curricular health
13and safety requirements added by the State Board to such list
14during the term of the charter. Nothing in this subsection (d)
15precludes an authorizer from including non-curricular health
16and safety requirements in a charter school contract that are
17not contained in the list promulgated by the State Board,
18including non-curricular health and safety requirements of the
19authorizing local school board.
20    (e) Except as otherwise provided in the School Code, a
21charter school shall not charge tuition; provided that a
22charter school may charge reasonable fees for textbooks,
23instructional materials, and student activities.
24    (f) A charter school shall be responsible for the
25management and operation of its fiscal affairs including, but
26not limited to, the preparation of its budget. An audit of each

 

 

HB2369- 6 -LRB100 08191 NHT 18287 b

1charter school's finances shall be conducted annually by an
2outside, independent contractor retained by the charter
3school. To ensure financial accountability for the use of
4public funds, on or before December 1 of every year of
5operation, each charter school shall submit to its authorizer
6and the State Board a copy of its audit and a copy of the Form
7990 the charter school filed that year with the federal
8Internal Revenue Service. In addition, if deemed necessary for
9proper financial oversight of the charter school, an authorizer
10may require quarterly financial statements from each charter
11school.
12    (g) A charter school shall comply with all provisions of
13this Article, the Illinois Educational Labor Relations Act, all
14federal and State laws and rules applicable to public schools
15that pertain to special education and the instruction of
16English learners, and its charter. A charter school is exempt
17from all other State laws and regulations in this Code
18governing public schools and local school board policies;
19however, a charter school is not exempt from the following:
20        (1) Sections 10-21.9 and 34-18.5 of this Code regarding
21    criminal history records checks and checks of the Statewide
22    Sex Offender Database and Statewide Murderer and Violent
23    Offender Against Youth Database of applicants for
24    employment;
25        (2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and
26    34-84a of this Code regarding discipline of students;

 

 

HB2369- 7 -LRB100 08191 NHT 18287 b

1        (3) the Local Governmental and Governmental Employees
2    Tort Immunity Act;
3        (4) Section 108.75 of the General Not For Profit
4    Corporation Act of 1986 regarding indemnification of
5    officers, directors, employees, and agents;
6        (5) the Abused and Neglected Child Reporting Act;
7        (6) the Illinois School Student Records Act;
8        (7) Section 10-17a of this Code regarding school report
9    cards;
10        (8) the P-20 Longitudinal Education Data System Act;
11        (9) Section 27-23.7 of this Code regarding bullying
12    prevention;
13        (10) Section 2-3.162 of this Code regarding student
14    discipline reporting; and
15        (11) Section 22-80 of this Code; and .
16        (12) Sections 10-20.60 and 34-18.53 of this Code.
17    The change made by Public Act 96-104 to this subsection (g)
18is declaratory of existing law.
19    (h) A charter school may negotiate and contract with a
20school district, the governing body of a State college or
21university or public community college, or any other public or
22for-profit or nonprofit private entity for: (i) the use of a
23school building and grounds or any other real property or
24facilities that the charter school desires to use or convert
25for use as a charter school site, (ii) the operation and
26maintenance thereof, and (iii) the provision of any service,

 

 

HB2369- 8 -LRB100 08191 NHT 18287 b

1activity, or undertaking that the charter school is required to
2perform in order to carry out the terms of its charter.
3However, a charter school that is established on or after April
416, 2003 (the effective date of Public Act 93-3) and that
5operates in a city having a population exceeding 500,000 may
6not contract with a for-profit entity to manage or operate the
7school during the period that commences on April 16, 2003 (the
8effective date of Public Act 93-3) and concludes at the end of
9the 2004-2005 school year. Except as provided in subsection (i)
10of this Section, a school district may charge a charter school
11reasonable rent for the use of the district's buildings,
12grounds, and facilities. Any services for which a charter
13school contracts with a school district shall be provided by
14the district at cost. Any services for which a charter school
15contracts with a local school board or with the governing body
16of a State college or university or public community college
17shall be provided by the public entity at cost.
18    (i) In no event shall a charter school that is established
19by converting an existing school or attendance center to
20charter school status be required to pay rent for space that is
21deemed available, as negotiated and provided in the charter
22agreement, in school district facilities. However, all other
23costs for the operation and maintenance of school district
24facilities that are used by the charter school shall be subject
25to negotiation between the charter school and the local school
26board and shall be set forth in the charter.

 

 

HB2369- 9 -LRB100 08191 NHT 18287 b

1    (j) A charter school may limit student enrollment by age or
2grade level.
3    (k) If the charter school is approved by the Commission,
4then the Commission charter school is its own local education
5agency.
6(Source: P.A. 98-16, eff. 5-24-13; 98-639, eff. 6-9-14; 98-669,
7eff. 6-26-14; 98-739, eff. 7-16-14; 98-783, eff. 1-1-15;
898-1059, eff. 8-26-14; 98-1102, eff. 8-26-14; 99-30, eff.
97-10-15; 99-78, eff. 7-20-15; 99-245, eff. 8-3-15; 99-325, eff.
108-10-15; 99-456, eff. 9-15-16; 99-642, eff. 7-28-16.)
 
11    (Text of Section after amendment by P.A. 99-927)
12    Sec. 27A-5. Charter school; legal entity; requirements.
13    (a) A charter school shall be a public, nonsectarian,
14nonreligious, non-home based, and non-profit school. A charter
15school shall be organized and operated as a nonprofit
16corporation or other discrete, legal, nonprofit entity
17authorized under the laws of the State of Illinois.
18    (b) A charter school may be established under this Article
19by creating a new school or by converting an existing public
20school or attendance center to charter school status. Beginning
21on April 16, 2003 (the effective date of Public Act 93-3), in
22all new applications to establish a charter school in a city
23having a population exceeding 500,000, operation of the charter
24school shall be limited to one campus. The changes made to this
25Section by Public Act 93-3 do not apply to charter schools

 

 

HB2369- 10 -LRB100 08191 NHT 18287 b

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

 

 

HB2369- 11 -LRB100 08191 NHT 18287 b

1Meetings Act.
2    (d) For purposes of this subsection (d), "non-curricular
3health and safety requirement" means any health and safety
4requirement created by statute or rule to provide, maintain,
5preserve, or safeguard safe or healthful conditions for
6students and school personnel or to eliminate, reduce, or
7prevent threats to the health and safety of students and school
8personnel. "Non-curricular health and safety requirement" does
9not include any course of study or specialized instructional
10requirement for which the State Board has established goals and
11learning standards or which is designed primarily to impart
12knowledge and skills for students to master and apply as an
13outcome of their education.
14    A charter school shall comply with all non-curricular
15health and safety requirements applicable to public schools
16under the laws of the State of Illinois. On or before September
171, 2015, the State Board shall promulgate and post on its
18Internet website a list of non-curricular health and safety
19requirements that a charter school must meet. The list shall be
20updated annually no later than September 1. Any charter
21contract between a charter school and its authorizer must
22contain a provision that requires the charter school to follow
23the list of all non-curricular health and safety requirements
24promulgated by the State Board and any non-curricular health
25and safety requirements added by the State Board to such list
26during the term of the charter. Nothing in this subsection (d)

 

 

HB2369- 12 -LRB100 08191 NHT 18287 b

1precludes an authorizer from including non-curricular health
2and safety requirements in a charter school contract that are
3not contained in the list promulgated by the State Board,
4including non-curricular health and safety requirements of the
5authorizing local school board.
6    (e) Except as otherwise provided in the School Code, a
7charter school shall not charge tuition; provided that a
8charter school may charge reasonable fees for textbooks,
9instructional materials, and student activities.
10    (f) A charter school shall be responsible for the
11management and operation of its fiscal affairs including, but
12not limited to, the preparation of its budget. An audit of each
13charter school's finances shall be conducted annually by an
14outside, independent contractor retained by the charter
15school. To ensure financial accountability for the use of
16public funds, on or before December 1 of every year of
17operation, each charter school shall submit to its authorizer
18and the State Board a copy of its audit and a copy of the Form
19990 the charter school filed that year with the federal
20Internal Revenue Service. In addition, if deemed necessary for
21proper financial oversight of the charter school, an authorizer
22may require 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, all
26federal and State laws and rules applicable to public schools

 

 

HB2369- 13 -LRB100 08191 NHT 18287 b

1that pertain to special education and the instruction of
2English learners, and its charter. A charter school is exempt
3from 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 regarding
7    criminal history records checks and checks of the Statewide
8    Sex Offender Database and Statewide Murderer and Violent
9    Offender Against Youth Database of applicants for
10    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        (6) the Illinois School Student Records Act;
20        (7) Section 10-17a of this Code regarding school report
21    cards;
22        (8) the P-20 Longitudinal Education Data System Act;
23        (9) Section 27-23.7 of this Code regarding bullying
24    prevention;
25        (10) Section 2-3.162 of this Code regarding student
26    discipline reporting; and

 

 

HB2369- 14 -LRB100 08191 NHT 18287 b

1        (11) Sections 22-80 and 27-8.1 of this Code; and .
2        (12) Sections 10-20.60 and 34-18.53 of this Code.
3    The change made by Public Act 96-104 to this subsection (g)
4is declaratory of existing law.
5    (h) A charter school may negotiate and contract with a
6school district, the governing body of a State college or
7university or public community college, or any other public or
8for-profit or nonprofit private entity for: (i) the use of a
9school building and grounds or any other real property or
10facilities that the charter school desires to use or convert
11for use as a charter school site, (ii) the operation and
12maintenance thereof, and (iii) the provision of any service,
13activity, or undertaking that the charter school is required to
14perform in order to carry out the terms of its charter.
15However, a charter school that is established on or after April
1616, 2003 (the effective date of Public Act 93-3) and that
17operates in a city having a population exceeding 500,000 may
18not contract with a for-profit entity to manage or operate the
19school during the period that commences on April 16, 2003 (the
20effective date of Public Act 93-3) and concludes at the end of
21the 2004-2005 school year. Except as provided in subsection (i)
22of this Section, a school district may charge a charter school
23reasonable rent for the use of the district's buildings,
24grounds, and facilities. Any services for which a charter
25school contracts with a school district shall be provided by
26the district at cost. Any services for which a charter school

 

 

HB2369- 15 -LRB100 08191 NHT 18287 b

1contracts with a local school board or with the governing body
2of a State college or university or public community college
3shall be provided by the public entity at cost.
4    (i) In no event shall a charter school that is established
5by converting an existing school or attendance center to
6charter school status be required to pay rent for space that is
7deemed available, as negotiated and provided in the charter
8agreement, in school district facilities. However, all other
9costs for the operation and maintenance of school district
10facilities that are used by the charter school shall be subject
11to negotiation between the charter school and the local school
12board and shall be set forth in the charter.
13    (j) A charter school may limit student enrollment by age or
14grade level.
15    (k) If the charter school is approved by the Commission,
16then the Commission charter school is its own local education
17agency.
18(Source: P.A. 98-16, eff. 5-24-13; 98-639, eff. 6-9-14; 98-669,
19eff. 6-26-14; 98-739, eff. 7-16-14; 98-783, eff. 1-1-15;
2098-1059, eff. 8-26-14; 98-1102, eff. 8-26-14; 99-30, eff.
217-10-15; 99-78, eff. 7-20-15; 99-245, eff. 8-3-15; 99-325, eff.
228-10-15; 99-456, eff. 9-15-16; 99-642, eff. 7-28-16; 99-927,
23eff. 6-1-17.)
 
24    (105 ILCS 5/34-18.53 new)
25    Sec. 34-18.53. Breastfeeding accommodations for pupils.

 

 

HB2369- 16 -LRB100 08191 NHT 18287 b

1    (a) A public school shall provide reasonable
2accommodations to a lactating pupil on a school campus to
3express breast milk, breastfeed an infant child, or address
4other needs related to breastfeeding. Reasonable
5accommodations under this Section include, but are not limited
6to, all of the following:
7        (1) Access to a private and secure room, other than a
8    restroom, to express breast milk or breastfeed an infant
9    child.
10        (2) Permission to bring onto a school campus a breast
11    pump and any other equipment used to express breast milk.
12        (3) Access to a power source for a breast pump or any
13    other equipment used to express breast milk.
14        (4) Access to a place to store expressed breast milk
15    safely.
16    (b) A lactating pupil on a school campus must be provided a
17reasonable amount of time to accommodate her need to express
18breast milk or breastfeed an infant child.
19    (c) A public school shall provide the reasonable
20accommodations specified in subsections (a) and (b) of this
21Section only if there is at least one lactating pupil on the
22school campus.
23    (d) A public school may use an existing facility to meet
24the requirements specified in subsection (a) of this Section.
25    (e) A pupil may not incur an academic penalty as a result
26of her use, during the school day, of the reasonable

 

 

HB2369- 17 -LRB100 08191 NHT 18287 b

1accommodations specified in this Section and must be provided
2the opportunity to make up any work missed due to such use.
3    (f) A complaint of noncompliance with the requirements of
4this Section may be filed with the board, and the board shall
5respond to the complaint within 60 days after the complaint has
6been filed.
7    A complainant not satisfied with the decision of the board
8may appeal the decision to the State Board of Education and
9shall receive a written decision regarding the appeal within 60
10days after the State Board's receipt of the appeal.
11    If the board finds merit in a complaint or if the State
12Board finds merit in an appeal, the board shall provide a
13remedy to the affected pupil.
 
14    Section 95. No acceleration or delay. Where this Act makes
15changes in a statute that is represented in this Act by text
16that is not yet or no longer in effect (for example, a Section
17represented by multiple versions), the use of that text does
18not accelerate or delay the taking effect of (i) the changes
19made by this Act or (ii) provisions derived from any other
20Public Act.