Full Text of SB1947 100th General Assembly
SB1947sam001 100TH GENERAL ASSEMBLY | Sen. Jacqueline Y. Collins Filed: 2/28/2017
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| 1 | | AMENDMENT TO SENATE BILL 1947
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1947 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The School Code is amended by changing Section | 5 | | 27A-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 | 10 | | school days of the most recent academic school year, including | 11 | | absences with and without valid cause, as defined in Section | 12 | | 26-2a of this Code, and out-of-school suspensions for an | 13 | | enrolled student. | 14 | | "Student" means any enrolled student that is subject to | 15 | | compulsory attendance under Section 26-1 of this Code but does | 16 | | not mean a student for whom a documented homebound or hospital |
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| 1 | | record is on file during the student's absence from school. | 2 | | (b) The General Assembly finds that: | 3 | | (1) The early years are a critical period in children's | 4 | | learning and development. Every child should be counted | 5 | | present every day. Every day of school matters. | 6 | | (2) Being absent too many days from school can make it | 7 | | difficult for students to stay on-track academically and | 8 | | maintain the momentum to graduate from high school in order | 9 | | to be college-or career-ready. | 10 | | (3) Every day of school attendance matters for all | 11 | | students and their families. It is crucial, therefore, that | 12 | | the implications of chronic absence be understood and | 13 | | reviewed regularly. | 14 | | (c) Beginning July 1, 2018, every school district, charter | 15 | | school, or alternative school or any school receiving public | 16 | | funds shall collect and review its chronic absence data and | 17 | | determine what systems of support and resources are needed to | 18 | | engage chronically absent students and their families to | 19 | | encourage the habit of daily attendance and promote success. | 20 | | The review shall include an analysis of chronic absence data | 21 | | from each attendance center or campus of the school district, | 22 | | charter school, or alternative school or other school receiving | 23 | | public funds. | 24 | | (d) School districts, charter schools, or alternative | 25 | | schools or any school receiving public funds are encouraged to | 26 | | provide a system of support to students who are at risk of |
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| 1 | | reaching or exceeding chronic absence levels with strategies | 2 | | such as those available through the Illinois Multi-tiered | 3 | | Systems of Support Network. Schools are encouraged to | 4 | | additionally make resources available to families such as those | 5 | | available through the State Board of Education's Family | 6 | | Engagement Framework to support and engage students and their | 7 | | families to encourage heightened school engagement and | 8 | | improved daily school attendance.
| 9 | | (105 ILCS 5/27A-5)
| 10 | | (Text of Section before amendment by P.A. 99-927 )
| 11 | | Sec. 27A-5. Charter school; legal entity; requirements.
| 12 | | (a) A charter school shall be a public, nonsectarian, | 13 | | nonreligious, non-home
based, and non-profit school. A charter | 14 | | school shall be organized and operated
as a nonprofit | 15 | | corporation or other discrete, legal, nonprofit entity
| 16 | | authorized under the laws of the State of Illinois.
| 17 | | (b) A charter school may be established under this Article | 18 | | by creating a new
school or by converting an existing public | 19 | | school or attendance center to
charter
school status.
Beginning | 20 | | on April 16, 2003 (the effective date of Public Act 93-3), in | 21 | | all new
applications to establish
a charter
school in a city | 22 | | having a population exceeding 500,000, operation of the
charter
| 23 | | school shall be limited to one campus. The changes made to this | 24 | | Section by Public Act 93-3 do not apply to charter schools | 25 | | existing or approved on or before April 16, 2003 (the
effective |
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| 1 | | date of Public Act 93-3). | 2 | | (b-5) In this subsection (b-5), "virtual-schooling" means | 3 | | a cyber school where students engage in online curriculum and | 4 | | instruction via the Internet and electronic communication with | 5 | | their teachers at remote locations and with students | 6 | | participating at different times. | 7 | | From April 1, 2013 through December 31, 2016, there is a | 8 | | moratorium on the establishment of charter schools with | 9 | | virtual-schooling components in school districts other than a | 10 | | school district organized under Article 34 of this Code. This | 11 | | moratorium does not apply to a charter school with | 12 | | virtual-schooling components existing or approved prior to | 13 | | April 1, 2013 or to the renewal of the charter of a charter | 14 | | school with virtual-schooling components already approved | 15 | | prior to April 1, 2013. | 16 | | On or before March 1, 2014, the Commission shall submit to | 17 | | the General Assembly a report on the effect of | 18 | | virtual-schooling, including without limitation the effect on | 19 | | student performance, the costs associated with | 20 | | virtual-schooling, and issues with oversight. The report shall | 21 | | include policy recommendations for virtual-schooling.
| 22 | | (c) A charter school shall be administered and governed by | 23 | | its board of
directors or other governing body
in the manner | 24 | | provided in its charter. The governing body of a charter school
| 25 | | shall be subject to the Freedom of Information Act and the Open | 26 | | Meetings Act.
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| 1 | | (d) For purposes of this subsection (d), "non-curricular | 2 | | health and safety requirement" means any health and safety | 3 | | requirement created by statute or rule to provide, maintain, | 4 | | preserve, or safeguard safe or healthful conditions for | 5 | | students and school personnel or to eliminate, reduce, or | 6 | | prevent threats to the health and safety of students and school | 7 | | personnel. "Non-curricular health and safety requirement" does | 8 | | not include any course of study or specialized instructional | 9 | | requirement for which the State Board has established goals and | 10 | | learning standards or which is designed primarily to impart | 11 | | knowledge and skills for students to master and apply as an | 12 | | outcome of their education. | 13 | | A charter school shall comply with all non-curricular | 14 | | health and safety
requirements applicable to public schools | 15 | | under the laws of the State of
Illinois. On or before September | 16 | | 1, 2015, the State Board shall promulgate and post on its | 17 | | Internet website a list of non-curricular health and safety | 18 | | requirements that a charter school must meet. The list shall be | 19 | | updated annually no later than September 1. Any charter | 20 | | contract between a charter school and its authorizer must | 21 | | contain a provision that requires the charter school to follow | 22 | | the list of all non-curricular health and safety requirements | 23 | | promulgated by the State Board and any non-curricular health | 24 | | and safety requirements added by the State Board to such list | 25 | | during the term of the charter. Nothing in this subsection (d) | 26 | | precludes an authorizer from including non-curricular health |
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| 1 | | and safety requirements in a charter school contract that are | 2 | | not contained in the list promulgated by the State Board, | 3 | | including non-curricular health and safety requirements of the | 4 | | authorizing local school board.
| 5 | | (e) Except as otherwise provided in the School Code, a | 6 | | charter school shall
not charge tuition; provided that a | 7 | | charter school may charge reasonable fees
for textbooks, | 8 | | instructional materials, and student activities.
| 9 | | (f) A charter school shall be responsible for the | 10 | | management and operation
of its fiscal affairs including,
but | 11 | | not limited to, the preparation of its budget. An audit of each | 12 | | charter
school's finances shall be conducted annually by an | 13 | | outside, independent
contractor retained by the charter | 14 | | school. To ensure financial accountability for the use of | 15 | | public funds, on or before December 1 of every year of | 16 | | operation, each charter school shall submit to its authorizer | 17 | | and the State Board a copy of its audit and a copy of the Form | 18 | | 990 the charter school filed that year with the federal | 19 | | Internal Revenue Service. In addition, if deemed necessary for | 20 | | proper financial oversight of the charter school, an authorizer | 21 | | may require quarterly financial statements from each charter | 22 | | school.
| 23 | | (g) A charter school shall comply with all provisions of | 24 | | this Article, the Illinois Educational Labor Relations Act, all | 25 | | federal and State laws and rules applicable to public schools | 26 | | that pertain to special education and the instruction of |
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| 1 | | English learners, and
its charter. A charter
school is exempt | 2 | | from all other State laws and regulations in this Code
| 3 | | governing public
schools and local school board policies; | 4 | | however, a charter school is not exempt from the following:
| 5 | | (1) Sections 10-21.9 and 34-18.5 of this Code regarding | 6 | | criminal
history records checks and checks of the Statewide | 7 | | Sex Offender Database and Statewide Murderer and Violent | 8 | | Offender Against Youth Database of applicants for | 9 | | employment;
| 10 | | (2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and | 11 | | 34-84a of this Code regarding discipline of
students;
| 12 | | (3) the Local Governmental and Governmental Employees | 13 | | Tort Immunity Act;
| 14 | | (4) Section 108.75 of the General Not For Profit | 15 | | Corporation Act of 1986
regarding indemnification of | 16 | | officers, directors, employees, and agents;
| 17 | | (5) the Abused and Neglected Child Reporting Act;
| 18 | | (6) the Illinois School Student Records Act;
| 19 | | (7) Section 10-17a of this Code regarding school report | 20 | | cards;
| 21 | | (8) the P-20 Longitudinal Education Data System Act; | 22 | | (9) Section 27-23.7 of this Code regarding bullying | 23 | | prevention; | 24 | | (10) Section 2-3.162 of this Code regarding student | 25 | | discipline reporting; and | 26 | | (11) Section 22-80 of this Code ; and . |
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| 1 | | (12) Section 26-18 of this Code. | 2 | | The change made by Public Act 96-104 to this subsection (g) | 3 | | is declaratory of existing law. | 4 | | (h) A charter school may negotiate and contract with a | 5 | | school district, the
governing body of a State college or | 6 | | university or public community college, or
any other public or | 7 | | for-profit or nonprofit private entity for: (i) the use
of a | 8 | | school building and grounds or any other real property or | 9 | | facilities that
the charter school desires to use or convert | 10 | | for use as a charter school site,
(ii) the operation and | 11 | | maintenance thereof, and
(iii) the provision of any service, | 12 | | activity, or undertaking that the charter
school is required to | 13 | | perform in order to carry out the terms of its charter.
| 14 | | However, a charter school
that is established on
or
after April | 15 | | 16, 2003 (the effective date of Public Act 93-3) and that | 16 | | operates
in a city having a population exceeding
500,000 may | 17 | | not contract with a for-profit entity to
manage or operate the | 18 | | school during the period that commences on April 16, 2003 (the
| 19 | | effective date of Public Act 93-3) and
concludes at the end of | 20 | | the 2004-2005 school year.
Except as provided in subsection (i) | 21 | | of this Section, a school district may
charge a charter school | 22 | | reasonable rent for the use of the district's
buildings, | 23 | | grounds, and facilities. Any services for which a charter | 24 | | school
contracts
with a school district shall be provided by | 25 | | the district at cost. Any services
for which a charter school | 26 | | contracts with a local school board or with the
governing body |
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| 1 | | of a State college or university or public community college
| 2 | | shall be provided by the public entity at cost.
| 3 | | (i) In no event shall a charter school that is established | 4 | | by converting an
existing school or attendance center to | 5 | | charter school status be required to
pay rent for space
that is | 6 | | deemed available, as negotiated and provided in the charter | 7 | | agreement,
in school district
facilities. However, all other | 8 | | costs for the operation and maintenance of
school district | 9 | | facilities that are used by the charter school shall be subject
| 10 | | to negotiation between
the charter school and the local school | 11 | | board and shall be set forth in the
charter.
| 12 | | (j) A charter school may limit student enrollment by age or | 13 | | grade level.
| 14 | | (k) If the charter school is approved by the Commission, | 15 | | then the Commission charter school is its own local education | 16 | | agency. | 17 | | (Source: P.A. 98-16, eff. 5-24-13; 98-639, eff. 6-9-14; 98-669, | 18 | | eff. 6-26-14; 98-739, eff. 7-16-14; 98-783, eff. 1-1-15; | 19 | | 98-1059, eff. 8-26-14; 98-1102, eff. 8-26-14; 99-30, eff. | 20 | | 7-10-15; 99-78, eff. 7-20-15; 99-245, eff. 8-3-15; 99-325, eff. | 21 | | 8-10-15; 99-456, eff. 9-15-16; 99-642, eff. 7-28-16.) | 22 | | (Text of Section after amendment by P.A. 99-927 )
| 23 | | Sec. 27A-5. Charter school; legal entity; requirements.
| 24 | | (a) A charter school shall be a public, nonsectarian, | 25 | | nonreligious, non-home
based, and non-profit school. A charter |
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| 1 | | school shall be organized and operated
as a nonprofit | 2 | | corporation or other discrete, legal, nonprofit entity
| 3 | | authorized under the laws of the State of Illinois.
| 4 | | (b) A charter school may be established under this Article | 5 | | by creating a new
school or by converting an existing public | 6 | | school or attendance center to
charter
school status.
Beginning | 7 | | on April 16, 2003 (the effective date of Public Act 93-3), in | 8 | | all new
applications to establish
a charter
school in a city | 9 | | having a population exceeding 500,000, operation of the
charter
| 10 | | school shall be limited to one campus. The changes made to this | 11 | | Section by Public Act 93-3 do not apply to charter schools | 12 | | existing or approved on or before April 16, 2003 (the
effective | 13 | | date of Public Act 93-3). | 14 | | (b-5) In this subsection (b-5), "virtual-schooling" means | 15 | | a cyber school where students engage in online curriculum and | 16 | | instruction via the Internet and electronic communication with | 17 | | their teachers at remote locations and with students | 18 | | participating at different times. | 19 | | From April 1, 2013 through December 31, 2016, there is a | 20 | | moratorium on the establishment of charter schools with | 21 | | virtual-schooling components in school districts other than a | 22 | | school district organized under Article 34 of this Code. This | 23 | | moratorium does not apply to a charter school with | 24 | | virtual-schooling components existing or approved prior to | 25 | | April 1, 2013 or to the renewal of the charter of a charter | 26 | | school with virtual-schooling components already approved |
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| 1 | | prior to April 1, 2013. | 2 | | On or before March 1, 2014, the Commission shall submit to | 3 | | the General Assembly a report on the effect of | 4 | | virtual-schooling, including without limitation the effect on | 5 | | student performance, the costs associated with | 6 | | virtual-schooling, and issues with oversight. The report shall | 7 | | include policy recommendations for virtual-schooling.
| 8 | | (c) A charter school shall be administered and governed by | 9 | | its board of
directors or other governing body
in the manner | 10 | | provided in its charter. The governing body of a charter school
| 11 | | shall be subject to the Freedom of Information Act and the Open | 12 | | Meetings Act.
| 13 | | (d) For purposes of this subsection (d), "non-curricular | 14 | | health and safety requirement" means any health and safety | 15 | | requirement created by statute or rule to provide, maintain, | 16 | | preserve, or safeguard safe or healthful conditions for | 17 | | students and school personnel or to eliminate, reduce, or | 18 | | prevent threats to the health and safety of students and school | 19 | | personnel. "Non-curricular health and safety requirement" does | 20 | | not include any course of study or specialized instructional | 21 | | requirement for which the State Board has established goals and | 22 | | learning standards or which is designed primarily to impart | 23 | | knowledge and skills for students to master and apply as an | 24 | | outcome of their education. | 25 | | A charter school shall comply with all non-curricular | 26 | | health and safety
requirements applicable to public schools |
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| 1 | | under the laws of the State of
Illinois. On or before September | 2 | | 1, 2015, the State Board shall promulgate and post on its | 3 | | Internet website a list of non-curricular health and safety | 4 | | requirements that a charter school must meet. The list shall be | 5 | | updated annually no later than September 1. Any charter | 6 | | contract between a charter school and its authorizer must | 7 | | contain a provision that requires the charter school to follow | 8 | | the list of all non-curricular health and safety requirements | 9 | | promulgated by the State Board and any non-curricular health | 10 | | and safety requirements added by the State Board to such list | 11 | | during the term of the charter. Nothing in this subsection (d) | 12 | | precludes an authorizer from including non-curricular health | 13 | | and safety requirements in a charter school contract that are | 14 | | not contained in the list promulgated by the State Board, | 15 | | including non-curricular health and safety requirements of the | 16 | | authorizing local school board.
| 17 | | (e) Except as otherwise provided in the School Code, a | 18 | | charter school shall
not charge tuition; provided that a | 19 | | charter school may charge reasonable fees
for textbooks, | 20 | | instructional materials, and student activities.
| 21 | | (f) A charter school shall be responsible for the | 22 | | management and operation
of its fiscal affairs including,
but | 23 | | not limited to, the preparation of its budget. An audit of each | 24 | | charter
school's finances shall be conducted annually by an | 25 | | outside, independent
contractor retained by the charter | 26 | | school. To ensure financial accountability for the use of |
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| 1 | | public funds, on or before December 1 of every year of | 2 | | operation, each charter school shall submit to its authorizer | 3 | | and the State Board a copy of its audit and a copy of the Form | 4 | | 990 the charter school filed that year with the federal | 5 | | Internal Revenue Service. In addition, if deemed necessary for | 6 | | proper financial oversight of the charter school, an authorizer | 7 | | may require quarterly financial statements from each charter | 8 | | school.
| 9 | | (g) A charter school shall comply with all provisions of | 10 | | this Article, the Illinois Educational Labor Relations Act, all | 11 | | federal and State laws and rules applicable to public schools | 12 | | that pertain to special education and the instruction of | 13 | | English learners, and
its charter. A charter
school is exempt | 14 | | from all other State laws and regulations in this Code
| 15 | | governing public
schools and local school board policies; | 16 | | however, a charter school is not exempt from the following:
| 17 | | (1) Sections 10-21.9 and 34-18.5 of this Code regarding | 18 | | criminal
history records checks and checks of the Statewide | 19 | | Sex Offender Database and Statewide Murderer and Violent | 20 | | Offender Against Youth Database of applicants for | 21 | | employment;
| 22 | | (2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and | 23 | | 34-84a of this Code regarding discipline of
students;
| 24 | | (3) the Local Governmental and Governmental Employees | 25 | | Tort Immunity Act;
| 26 | | (4) Section 108.75 of the General Not For Profit |
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| 1 | | Corporation Act of 1986
regarding indemnification of | 2 | | officers, directors, employees, and agents;
| 3 | | (5) the Abused and Neglected Child Reporting Act;
| 4 | | (6) the Illinois School Student Records Act;
| 5 | | (7) Section 10-17a of this Code regarding school report | 6 | | cards;
| 7 | | (8) the P-20 Longitudinal Education Data System Act; | 8 | | (9) Section 27-23.7 of this Code regarding bullying | 9 | | prevention; | 10 | | (10) Section 2-3.162 of this Code regarding student | 11 | | discipline reporting; and | 12 | | (11) Sections 22-80 and 27-8.1 of this Code ; and . | 13 | | (12) Section 26-18 of this Code. | 14 | | The change made by Public Act 96-104 to this subsection (g) | 15 | | is declaratory of existing law. | 16 | | (h) A charter school may negotiate and contract with a | 17 | | school district, the
governing body of a State college or | 18 | | university or public community college, or
any other public or | 19 | | for-profit or nonprofit private entity for: (i) the use
of a | 20 | | school building and grounds or any other real property or | 21 | | facilities that
the charter school desires to use or convert | 22 | | for use as a charter school site,
(ii) the operation and | 23 | | maintenance thereof, and
(iii) the provision of any service, | 24 | | activity, or undertaking that the charter
school is required to | 25 | | perform in order to carry out the terms of its charter.
| 26 | | However, a charter school
that is established on
or
after April |
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| 1 | | 16, 2003 (the effective date of Public Act 93-3) and that | 2 | | operates
in a city having a population exceeding
500,000 may | 3 | | not contract with a for-profit entity to
manage or operate the | 4 | | school during the period that commences on April 16, 2003 (the
| 5 | | effective date of Public Act 93-3) and
concludes at the end of | 6 | | the 2004-2005 school year.
Except as provided in subsection (i) | 7 | | of this Section, a school district may
charge a charter school | 8 | | reasonable rent for the use of the district's
buildings, | 9 | | grounds, and facilities. Any services for which a charter | 10 | | school
contracts
with a school district shall be provided by | 11 | | the district at cost. Any services
for which a charter school | 12 | | contracts with a local school board or with the
governing body | 13 | | of a State college or university or public community college
| 14 | | shall be provided by the public entity at cost.
| 15 | | (i) In no event shall a charter school that is established | 16 | | by converting an
existing school or attendance center to | 17 | | charter school status be required to
pay rent for space
that is | 18 | | deemed available, as negotiated and provided in the charter | 19 | | agreement,
in school district
facilities. However, all other | 20 | | costs for the operation and maintenance of
school district | 21 | | facilities that are used by the charter school shall be subject
| 22 | | to negotiation between
the charter school and the local school | 23 | | board and shall be set forth in the
charter.
| 24 | | (j) A charter school may limit student enrollment by age or | 25 | | grade level.
| 26 | | (k) If the charter school is approved by the Commission, |
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| 1 | | then the Commission charter school is its own local education | 2 | | agency. | 3 | | (Source: P.A. 98-16, eff. 5-24-13; 98-639, eff. 6-9-14; 98-669, | 4 | | eff. 6-26-14; 98-739, eff. 7-16-14; 98-783, eff. 1-1-15; | 5 | | 98-1059, eff. 8-26-14; 98-1102, eff. 8-26-14; 99-30, eff. | 6 | | 7-10-15; 99-78, eff. 7-20-15; 99-245, eff. 8-3-15; 99-325, eff. | 7 | | 8-10-15; 99-456, eff. 9-15-16; 99-642, eff. 7-28-16; 99-927, | 8 | | eff. 6-1-17.)
| 9 | | Section 95. No acceleration or delay. Where this Act makes | 10 | | changes in a statute that is represented in this Act by text | 11 | | that is not yet or no longer in effect (for example, a Section | 12 | | represented by multiple versions), the use of that text does | 13 | | not accelerate or delay the taking effect of (i) the changes | 14 | | made by this Act or (ii) provisions derived from any other | 15 | | Public Act. | 16 | | Section 999. Effective date. This Act takes effect July 1, | 17 | | 2018.".
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