HB4663ham001 101ST GENERAL ASSEMBLY

Rep. Kathleen Willis

Filed: 3/12/2020

10100HB4663ham001 LRB101 18778 CMG 70629 a

AMENDMENT TO HOUSE BILL 4663

AMENDMENT NO. ______. Amend House Bill 4663 by replacing everything after the enacting clause with the following:

"Section 5. The School Code is amended by changing Sections 10-23.13, 27A-5, and 34-18.8 and by adding Section 27-9.1a as follows:

(105 ILCS 5/10-23.13)

Sec. 10-23.13. Policies addressing sexual abuse. Beginning no later than July 1, 2022, a school district shall To adopt and implement a policy addressing sexual abuse of children that shall may include age-appropriate curriculum for students in pre-K through 12th 5th grade; training for school personnel on child sexual abuse; educational information to parents or guardians provided in the school handbook on the warning signs of a child being abused, along with any needed assistance, referral, or resource information; available counseling and resources for students affected by sexual abuse; and emotional and educational support for a child of abuse to continue to be successful in school.

A Any policy adopted under the Section shall may address without limitation:

(1) methods for increasing teacher, student, and parent awareness of issues regarding sexual abuse of children, including knowledge of likely warning signs indicating that a child may be a victim of sexual abuse, and the provision of information on how to prevent child abuse from happening;

(1.5) training for school personnel, including, but not limited to, training as outlined in Section 10-22.39;

(2) options actions that a student child who is a victim of sexual abuse has should take to obtain assistance and intervention; and

(3) available counseling options for students affected by sexual abuse; and .

(4) methods for educating school personnel, students, and staff on how to report child abuse.

This Section may be referred to as Erin's Law.

(Source: P.A. 96-1524, eff. 2-14-11.)

(105 ILCS 5/27-9.1a new)

Sec. 27-9.1a. Responsible education for adolescents and children health (REACH).

(a) The General Assembly finds all of the following:

(1) Sex education can encourage better sexual health outcomes, reduce stigma, and prepare young people to lead healthy and fulfilling lives.

(2) Students who receive sex education that includes health-positive instruction on sexual orientation, gender identity, and gender expression report less bullying and harassment.

(3) Parents, the general public, and young people overwhelmingly support comprehensive sex education.

(4) Polling has found that 96% of parents support providing sex education in high school and 93% support sex education in middle school.

(5) The leading health and education organizations support sex education that includes information about both delaying sexual activity and contraceptive use.

(6) Students often lack the education needed to prevent pregnancy, HIV and other sexually transmitted infections, to develop healthy relationships, to plan for personal safety, and to develop decision-making skills.

(7) Schools have a responsibility to address child abuse, harassment, bullying, inter-personal violence, and personal safety issues, which can have a significant impact on a student's emotional and physical well-being and academic success.

It is the intent of the General Assembly that comprehensive sex education shall promote awareness and healthy attitudes about growth and development, body image, gender identity, gender expression, sexuality, sexual health, sexual orientation, consent, dating, relationships, and families; should be designed to promote positive behaviors and reduce health-related risk behaviors; and must be available to students in kindergarten through 12th grade and provide students with the information, skills, and support needed to acquire accurate information to make healthy decisions throughout their lives.

(b) In this Section:

"Abstinence" means to refrain from engaging in any sexual behavior or from engaging in specific sexual behavior, such as sexual intercourse, either continuously or periodically.

"Age and developmentally appropriate" means suitable for a particular age or age group of children and adolescents, based on the cognitive, emotional, and behavioral development typical of that age or age group.

"Characteristics of effective programs" means the aspects of evidence-based programs, including development, content, and the implementation of programs that have been shown to be effective in increasing knowledge, clarifying values and attitudes, increasing skills, and impacting behavior and are widely recognized by leading medical and public health agencies to be effective in changing sexual behaviors that lead to sexually transmitted infections, including HIV, unintended pregnancy, dating violence, and sexual violence among young people.

"Comprehensive sex education" means instruction in a comprehensive school health education approach that addresses the physical, mental, emotional, and social dimensions of human sexuality and is designed to motivate and assist students in maintaining and improving sexual health, preventing disease, and reducing sexual health-related risk behaviors and to enable and empower students to develop and demonstrate developmentally and culturally appropriate sexuality and sexual health-related knowledge, attitudes, skills, and practices.

"Consent" means knowing, affirmative, conscious, and voluntary agreement to engage in specific interpersonal, physical, or sexual activity at a given time.

"Culturally appropriate" means materials and instruction that respond to culturally diverse individuals, families, and communities in an inclusive, respectful, and effective manner. "Culturally appropriate" includes materials and instruction that are inclusive of the experiences and needs of communities of color, communities of all ethnic and cultural backgrounds, immigrant communities, English learners, people of diverse sexual orientations, gender identities, and gender expressions, people who are intersex, people who have physical or intellectual disabilities, people who have experienced sexual victimization, and people whose experiences have traditionally been left out of sexual health education, programs, and policies.

"Gender stereotype" means a generalized view or preconception about what attributes, characteristics, or roles are or ought to be taught, possessed by, or performed by women and men.

"Inclusive" means a curriculum that ensures that students from historically marginalized communities that include, but are not limited to, communities of color, immigrant communities, people of diverse sexual orientations, gender identities, and gender expressions, people who are intersex, people who have disabilities, people who have experienced sexual victimization, and others whose experiences have been traditionally left out of sex education programs and policies are included in classroom materials and lessons.

"Instructors trained in appropriate courses" means instructors who have knowledge of the most recent medically accurate and complete research on human sexuality, health relationships, pregnancy, HIV, and other sexually transmitted infections.

"Medically accurate and complete" means that the information provided through the instruction is verified or supported by research conducted in compliance with accepted scientific methods and is published in peer-reviewed journals by the federal Centers for Disease Control and Prevention, the American Public Health Association, the American Academy of Pediatrics, and the American College of Obstetricians and Gynecologists, if applicable, or the program contains information that leading professional public health or medical organizations, government agencies, and scientific advisory groups with relevant expertise in the field recognize as accurate, objective, and complete. Also, the program does not withhold information about external anatomy involved in sexual functioning or in the effectiveness and benefits of correct and consistent use of condoms and other contraceptives.

"Sexting" means the act of sending, sharing, receiving, or forwarding a sexually explicit or sexually suggestive image, video, or text message by a digital or electronic device, including, but not limited to, a mobile or cellular telephone or a computer.

"Sexual violence" means an act of a sexual nature that is committed or attempted by another person without the freely given consent of the victim or against someone who is unable to consent or refuse. "Sexual violence" includes acts of sexual harassment, sexual abuse, and sexual assault.

"Sexual development" means the lifelong process of physical, behavioral, cognitive, and emotional growth and changes as it relates to an individual's sexuality and sexual maturation. "Sexual development" includes puberty, identity development, socio-cultural influences, and sexual behaviors.

"Trauma informed" means to address vital information about sexuality and well-being that takes into consideration how adverse life experiences may potentially influence sexual decision making.

(c) Comprehensive sex education requirements under this Section are as follows:

(1) Beginning no later than July 1, 2021, comprehensive sex education shall do all of the following:

(A) Reflect the characteristics of effective programs.

(B) Use and implement curricula that is trauma informed.

(C) Use or adopt curricula that are inclusive and address the experiences and needs of all youth in the school. Instruction must be accessible to pupils with disabilities, and may include the use of a modified curriculum, materials, instruction in alternative formats, and auxiliary aids.

(D) Not discriminate on the basis of sex, race, ethnicity, national origin, disability, religion, gender expression, gender identity, or sexual orientation.

(E) Allow instructors trained in appropriate courses to answer questions initiated by a student that are related to and consistent with the material of the course.

(2) Beginning no later than July 1, 2021, comprehensive sex education may not:

(A) use shame-based or stigmatizing language or instructional tools or stigmatize parenting or sexually active youth;

(B) stigmatize or further victimize students impacted by sexual violence;

(C) employ gender stereotypes;

(D) exclude the health needs of individuals who are intersex or individuals of diverse sexual orientations, gender identities, or gender expressions; or

(E) teach or promote any religious doctrine.

(3) Beginning no later than July 1, 2021, comprehensive sex education instruction and materials, including materials provided or presented by outside organizations or guest speakers, may not conflict with the provisions of this Section.

(4) Beginning no later than July 1, 2021, a school district shall provide inclusive, medically accurate and complete, age and developmentally appropriate, and culturally appropriate comprehensive sex education in the 6th through 12th grades in all public schools, including charter schools. Comprehensive sex education in the 6th through 12th grades shall include age and developmentally appropriate instruction on all of the following topics:

(A) The physical, social, and emotional changes of human development.

(B) Human anatomy, reproduction, and sexual development.

(C) Healthy relationships, including family and friendships, that are based on mutual consent and developing the ability to distinguish between healthy and unhealthy relationships. Such instruction shall include, but not be limited to:

(i) how to promote personal safety;

(ii) an examination of the harm caused by gender-role stereotypes, violence, coercion, bullying, and intimidation in relationships, both in person and through means of technology; and

(iii) the exploration about how gender stereotypes can limit all people.

(D) Healthy decision-making skills about sexuality and relationships. Such instruction shall include, but not be limited to:

(i) critical thinking, problem solving, self-efficacy, and decision making; and

(ii) exploring individual values and attitudes.

(E) The promotion of positive body image among students to develop an understanding that there is a range of body types and to feel positive about one's own body type.

(F) The promotion of positive sexuality, the reality that there is a range of healthy sexual behaviors, and students should feel positive about sexual behaviors that are consensual, affirming, and pleasurable.

(G) The Internet safety education curriculum under Section 27-13.3.

(H) Discussion about social media, dating and relationship websites or applications, and sexting, including:

(i) the possible consequences of sharing or forwarding sexually explicit or sexually suggestive photographs or images, videos, or text messages;

(ii) the identification of situations in which bullying or harassment may result as a consequence of using social media, dating applications, or engaging in sexting;

(iii) the possible long-term legal, social, academic, and other consequences that may result from possessing or distributing sexual content;

(iv) the importance of using the Internet safely and how social media, dating applications, and sexting may pose a risk to personal safety;

(v) the identification of individuals, including school personnel, community members, and parents, who may provide assistance with issues, concerns, or problems resulting from use of the Internet; and

(vi) the development of strategies for resisting peer pressure and for communicating in a positive manner.

(I) Information about interpersonal violence, sexual violence, and human trafficking. Information about human trafficking shall include both of the following:

(i) Information on the prevalence, nature, and strategies to reduce the risk of human trafficking, techniques to set healthy boundaries, and how to safely seek assistance.

(ii) Information on how social media and mobile device applications are used for human trafficking.

(J) Information about adolescent relationship abuse and intimate partner violence, including the early warning signs thereof.

(K) Information about confidential local services and resources in which students can obtain additional information related to bullying, dating violence, sexual violence, suicide prevention, and other related care without immediate parental notification or consent.

(L) Information about mandated reporting of abused and neglected children as required by the Abused and Neglected Child Reporting Act.

(M) Course material and instruction must include an age and developmentally appropriate discussion on the meaning of consent that includes discussion on recognizing all of the following:

(i) That consent is a freely given agreement to sexual activity.

(ii) That consent to one particular sexual activity does not constitute consent to other types of sexual activities.

(iii) That a person's lack of verbal or physical resistance or submission resulting from the use or threat of force does not constitute consent.

(iv) That a person's manner of dress does not constitute consent.

(v) That a person's consent to past sexual activity does not constitute consent to future sexual activity.

(vi) That a person's consent to engage in sexual activity with one person does not constitute consent to engage in sexual activity with another person.

(vii) That a person can withdraw consent at any time.

(viii) That a person cannot consent to sexual activity if that person is unable to understand the nature of the activity or give knowing consent due to certain circumstances that include, but are not limited to, (I) the person is incapacitated due to the use or influence of alcohol or drugs, (II) the person is asleep or unconscious, (III) the person is a minor, or (IV) the person is incapacitated due to a mental disability.

(N) Encouraging youth to communicate with parents or guardians, health and social service professionals, and other trusted adults about sexuality and intimate relationships.

(O) Creating a safe and culturally appropriate environment for all students and others in society.

(P) Affirmative and inclusive examples of varying types of relationships and family structures. Discussion of healthy relationships and personal safety must include affirmative representation and health-positive instruction on diverse sexual orientations, gender identities, and gender expressions.

(Q) The benefits of abstinence, behavioral changes, the use of barrier methods, medication, contraception, and sexually transmitted infection prevention measures, including:

(i) instruction on how to effectively use condoms, barrier methods, and preventative medication to protect against sexually transmitted infections, including HIV;

(ii) the benefits of contraception, condoms, and barrier methods to avoid pregnancy and how to effectively use each method;

(iii) the relationship between substance use and sexual health and behaviors;

(iv) information about local health services in which students can obtain additional information and services related to sexual and reproductive health and other related care; and

(v) information about the rights of individuals to obtain contraceptives and sexual health care.

(R) Unbiased information and non-stigmatizing information about the options regarding pregnancy, including parenting, adoption, and abortion.

(S) Information concerning the Abandoned Newborn Infant Protection Act that relate to the safe abandonment of a child to a firefighter at a fire station or to a staff member at a hospital or a community clinic or at an emergency center within the first 30 days of the child's life.

(T) Affirmative recognition of the roles that traditions, values, norms, gender roles, acculturation, family structure, health beliefs, and political power play in how students make decisions that affect their sexual health.

(U) Examples of diverse races, ethnicities, genders, sexual orientations, gender identities, gender expressions, cultures, and families, including single-parent households and young families.

(V) Information about sexual orientation, gender identity, and gender expression for all students, including:

(i) an affirmative recognition that people have diverse sexual orientations, gender identities, and gender expressions; and

(ii) referrals to community resources that can provide additional support for students of diverse sexual orientations, gender identities, and gender expressions.

(W) Opportunities to explore the roles that race, ethnicity, immigration status, disability status, sexual orientation, gender identity, gender expression, economic status, and language within different communities play in how students make decisions that affect their sexual health.

(5) Beginning no later than July 1, 2022, a school district shall provide inclusive, medically accurate and complete, age and developmentally appropriate, and culturally appropriate comprehensive sex education in the 3rd through 5th grades in all public schools, including charter schools. Comprehensive sex education in the 3rd through 5th grades shall include age and developmentally appropriate instruction on all of the following topics:

(A) Human anatomy and reproduction.

(B) Puberty, including the physical, social, and emotional changes that occur during puberty and adolescence.

(C) The promotion of positive body image among students to develop an understanding that there is a range of body types and to feel positive about one's own body type.

(D) Personal hygiene.

(E) Information about diverse sexual orientations, gender identities, and gender expressions.

(F) Healthy relationships, including family and friendships, that are based on mutual consent and developing the ability to distinguish between healthy and unhealthy relationships and how to promote personal safety.

(G) The examination of the harm caused by gender-role stereotypes, coercion, bullying, harassment, and intimidation in relationships.

(H) Bullying, harassment, and abuse.

(I) Reliance on and communication with parents and trusted adults for help managing the physical, social, and emotional changes during puberty, developing healthy relationships, personal safety, and dealing with bullying, harassment, or abuse.

(J) Discussion about social media, dating applications, sexting, and other Internet-based methods of communicating in relationships, including:

(i) the possible consequences of sharing or forwarding sexually explicit or sexually suggestive photographs or images, videos, or text messages;

(ii) the identification of situations in which bullying or harassment may result as a consequence of using social media and dating applications or engaging in sexting;

(iii) the possible long-term legal, social, academic, and other consequences that may result from possessing or distributing sexual content;

(iv) the importance of using the Internet safely and how social media, dating applications, and sexting may pose a risk to personal safety;

(v) the identification of individuals, including school personnel, community members, and parents, who may provide assistance with issues, concerns, or problems resulting from use of the Internet; and

(vi) the development of strategies for resisting peer pressure and for communicating in a positive manner.

(K) Information about interpersonal violence, sexual violence, and human trafficking. The information about human trafficking shall include both of the following:

(i) Information on the prevalence, nature, and strategies to reduce the risk of human trafficking, the techniques to set healthy boundaries, and how to safely seek assistance.

(ii) Information about how social media and mobile device applications are used for human trafficking.

(L) Information about confidential local services and resources where students can obtain additional information related to bullying, dating violence and sexual assault, suicide prevention, and other related care without immediate parental notification or consent.

(M) Information about mandated reporting of abused and neglected children as required by the Abused and Neglected Child Reporting Act.

(6) Beginning no later than July 1, 2022, a school district shall provide inclusive, medically accurate and complete, age and developmentally appropriate, and culturally appropriate comprehensive sex education in the 1st and 2nd grades and in kindergarten if kindergarten is offered by the school. Comprehensive sex education in kindergarten through 2nd grade shall include age and developmentally appropriate instruction on the following topics:

(A) Human anatomy.

(B) Gender roles.

(C) Varying family structures.

(D) Healthy relationships, including friendships.

(E) Personal bodily autonomy.

(F) How to promote personal safety, including reliance on and communication with parents and trusted adults.

(G) Bullying.

(7) Beginning no later than July 1, 2022, the State Board of Education shall post on its website comprehensive sex education resources that are inclusive, medically accurate and complete, age and developmentally appropriate, and culturally appropriate for use in pre-kindergarten through the 12th grade. Any comprehensive sex education offered to pre-kindergarten students shall be age and developmentally appropriate.

(d) Parental requests and notice are as follows:

(1) It is the intent of the General Assembly to:

(A) encourage pupils to communicate with their parents or guardians about human sexuality and health needs and to respect the rights of parents and guardians to supervise their children's education on these subjects;

(B) create a streamlined process to make it easier for parents and guardians to review materials and evaluation tools related to comprehensive sexual health education; and

(C) recognize that although parents and guardians overwhelmingly support medically accurate and complete, age and developmentally appropriate, and culturally appropriate comprehensive sex education, parents and guardians have the ultimate responsibility for imparting values regarding human sexuality to their children.

(2) A parent or guardian of a student has the right to excuse his or her child from all or part of comprehensive sex education and assessments related to that education through a passive consent process. A school district may not require active parental consent for comprehensive sex education.

(3) A school district shall post information on its Internet website about any curricula used to provide comprehensive sex education, including:

(A) whether the instruction was provided by a teacher in the school, an outside organization, or a guest lecturer or resource person;

(B) the number of students who received the instruction;

(C) the number of students excused from instruction pursuant to this subsection; and

(D) the duration of instruction.

If any instruction is provided by an outside organization or guest lecturer or resource person, the school district shall specify the name of the outside organization or the guest lecturer or resource person and identify any organizations with which the guest lecturer or resource person may be affiliated. If an Internet website is not available, the information must be provided in another format to school administrators, school board members, school personnel, parents, guardians, students, and the public.

(4) At the beginning of each school year, or, at the time of a student's enrollment, a school district shall notify the parent or guardian of each student about instruction planned for the coming year about comprehensive sex education and research on student health, behaviors, and risks. The notice shall do all of the following:

(A) Advise the parent or guardian that written and audiovisual educational materials used in comprehensive sex education are available for inspection both to the parent or guardian and to the public.

(B) Advise the parent or guardian whether the comprehensive sex education will be taught by school district personnel or by an outside organization or guest speaker. If comprehensive sex education is to be taught by an outside organization or guest speaker, the notice shall include the date of the instruction, the name of the organization or affiliation of each guest speaker, and information stating the right of the parent or guardian to request a copy of the educational materials to be used. If arrangements for this instruction are made after the beginning of the school year, the notice shall be made by mail or another commonly used method of notification no fewer than 14 days before the instruction is delivered.

(C) Include information explaining the parent's or guardian's right to request a copy of this Section.

(D) Advise the parent or guardian that the parent or guardian has the right to excuse the student from comprehensive sex education and that, in order to excuse the student, the parent or guardian must submit his or her request in writing to the school district.

(E) State that a student will not be subject to disciplinary action, an academic penalty, or any other sanction if the student's parent or guardian requests the student not receive the instruction provided under this Section. If a student's parent or guardian requests that the student not receive the instruction provided under this Section, the school is encouraged to provide alternative assignments on a related topic.

(e) The State Board shall adopt rules to implement, administer, and ensure compliance with this Section.

The State Board shall develop, maintain, and make publicly available State standards and the current list of curricula that are consistent with this Section.

The State Board shall require minimum education and training qualifications for comprehensive sex education instructors.

A school district must abide by this Section. All guest lecturers and resource people shall have expertise in comprehensive sex education consistent with this Section.

(f) The State Board shall convene a REACH implementation committee to support school districts with implementation of the mandate for comprehensive sex education as follows:

(1) The committee must be created and operational within 60 days after the effective date of this amendatory Act of the 101st General Assembly.

(2) The committee shall work with the State Board to:

(A) seek input from school districts about implementation;

(B) develop and disseminate guidance for school districts;

(C) identify existing resources and curricula; and

(D) identify opportunities for professional development for educators and school administrators.

(3) The committee may form subcommittees to guide and organize its work.

(4) The State Board shall support the committee with staff and resources.

(5) The State Superintendent of Education shall appoint the members of the committee.

(6) Members of the committee are not entitled to compensation for their service as members.

(7) At a minimum, the committee shall include:

(A) the State Superintendent or his or her designee;

(B) a parent representative;

(C) a youth representative;

(D) a representative of kindergarten through grade 12 educators, with emphasis on sex education educators;

(E) a representative of school-based health centers or a school nurse;

(F) a representative of mental health providers;

(G) a representative of school social workers;

(H) a representative of a statewide coalition for survivors of sexual violence;

(I) a representative of a statewide coalition for survivors of domestic violence;

(J) a representative of an organization serving the needs of youth of color;

(K) a representative of an organization serving the needs of immigrants;

(L) a representative of an organization serving the needs of lesbian, gay, bisexual, transgender, asexual, and queer youth;

(M) a representative from an interfaith organization;

(N) a representative of an organization serving the needs of intersex individuals; and

(O) a representative of an organization serving the needs of students with disabilities.

(8) The committee shall be dissolved on January 1, 2025.

(g) The State Board may adopt rules setting forth a complaint procedure to enforce this Section.

The State Board shall establish a web portal to accept complaints from the public that a school district is not adhering to the requirements of this Section. A final determination of a complaint by the State Board shall be appealable to an Illinois circuit court.

(h) Pursuant to Section 2-3.25g, a school district may seek a waiver or modification of a mandate for comprehensive sex education required under this Section. If the waiver or modification of a mandate is sought for comprehensive sex education in the 6th through 12th grades for the 2021-2022 school year, the State Board shall automatically grant a one-year waiver of the mandate until the 2022-2023 school year. If the waiver or modification of a mandate is sought for comprehensive sex education during kindergarten through 5th grades for the 2022-2023 school year, the State Board shall automatically grant a one-year waiver of the mandate until the 2023-2024 school year.

(i) There is created by the State Board the REACH Grant Program as follows:

(1) The purpose of the REACH Grant Program is to provide money to school districts and charter schools for use in the creation and implementation of comprehensive sex education pursuant to this Section.

(2) Upon receipt of federal money or other appropriations or sources of funding, the State Board shall notify school districts and charter schools throughout this State of grants available through the REACH Grant Program.

(3) The State Board shall award grants to school districts and charter schools for a period of one year, with the opportunity to seek a one-year extension.

(4) Money distributed to school districts and charter schools through the REACH Grant Program must be used only for the provision of comprehensive sex education instruction that complies with this Section.

(5) On or before July 1, 2022 and every year thereafter in which grants have been awarded, the State Board shall submit a report concerning the outcomes of the REACH Grant Program to the General Assembly. The report must include, at a minimum:

(A) the school districts and charter schools that received a grant under the program;

(B) the number of students taught and the instruction utilized;

(C) the amount of each grant awarded;

(D) the average amount of all grants awarded; and

(E) an analysis by the State Board of the impact of funding.

(6) Nothing in this subsection prohibits a school district or charter school from applying for and receiving grants through the REACH Grant Program and from applying for and receiving grants or other funding through other sources. A school district or charter school may apply for and receive grants and funding for comprehensive sex education from multiple sources.

(7) The State Board shall adopt any rules it deems necessary for the administration of this subsection.

(105 ILCS 5/27A-5)

(Text of Section before amendment by P.A. 101-50)

Sec. 27A-5. Charter school; legal entity; requirements.

(a) A charter school shall be a public, nonsectarian, nonreligious, non-home based, and non-profit school. A charter school shall be organized and operated as a nonprofit corporation or other discrete, legal, nonprofit entity authorized under the laws of the State of Illinois.

(b) A charter school may be established under this Article by creating a new school or by converting an existing public school or attendance center to charter school status. Beginning on April 16, 2003 (the effective date of Public Act 93-3), in all new applications to establish a charter school in a city having a population exceeding 500,000, operation of the charter school shall be limited to one campus. The changes made to this Section by Public Act 93-3 do not apply to charter schools existing or approved on or before April 16, 2003 (the effective date of Public Act 93-3).

(b-5) In this subsection (b-5), "virtual-schooling" means a cyber school where students engage in online curriculum and instruction via the Internet and electronic communication with their teachers at remote locations and with students participating at different times.

From April 1, 2013 through December 31, 2016, there is a moratorium on the establishment of charter schools with virtual-schooling components in school districts other than a school district organized under Article 34 of this Code. This moratorium does not apply to a charter school with virtual-schooling components existing or approved prior to April 1, 2013 or to the renewal of the charter of a charter school with virtual-schooling components already approved prior to April 1, 2013.

(c) A charter school shall be administered and governed by its board of directors or other governing body in the manner provided in its charter. The governing body of a charter school shall be subject to the Freedom of Information Act and the Open Meetings Act. No later than January 1, 2021 (one year after the effective date of Public Act 101-291) this amendatory Act of the 101st General Assembly, a charter school's board of directors or other governing body must include at least one parent or guardian of a pupil currently enrolled in the charter school who may be selected through the charter school or a charter network election, appointment by the charter school's board of directors or other governing body, or by the charter school's Parent Teacher Organization or its equivalent.

(c-5) No later than January 1, 2021 (one year after the effective date of Public Act 101-291) this amendatory Act of the 101st General Assembly or within the first year of his or her first term, every voting member of a charter school's board of directors or other governing body shall complete a minimum of 4 hours of professional development leadership training to ensure that each member has sufficient familiarity with the board's or governing body's role and responsibilities, including financial oversight and accountability of the school, evaluating the principal's and school's performance, adherence to the Freedom of Information Act and the Open Meetings Act Acts, and compliance with education and labor law. In each subsequent year of his or her term, a voting member of a charter school's board of directors or other governing body shall complete a minimum of 2 hours of professional development training in these same areas. The training under this subsection may be provided or certified by a statewide charter school membership association or may be provided or certified by other qualified providers approved by the State Board of Education.

(d) For purposes of this subsection (d), "non-curricular health and safety requirement" means any health and safety requirement created by statute or rule to provide, maintain, preserve, or safeguard safe or healthful conditions for students and school personnel or to eliminate, reduce, or prevent threats to the health and safety of students and school personnel. "Non-curricular health and safety requirement" does not include any course of study or specialized instructional requirement for which the State Board has established goals and learning standards or which is designed primarily to impart knowledge and skills for students to master and apply as an outcome of their education.

A charter school shall comply with all non-curricular health and safety requirements applicable to public schools under the laws of the State of Illinois. On or before September 1, 2015, the State Board shall promulgate and post on its Internet website a list of non-curricular health and safety requirements that a charter school must meet. The list shall be updated annually no later than September 1. Any charter contract between a charter school and its authorizer must contain a provision that requires the charter school to follow the list of all non-curricular health and safety requirements promulgated by the State Board and any non-curricular health and safety requirements added by the State Board to such list during the term of the charter. Nothing in this subsection (d) precludes an authorizer from including non-curricular health and safety requirements in a charter school contract that are not contained in the list promulgated by the State Board, including non-curricular health and safety requirements of the authorizing local school board.

(e) Except as otherwise provided in the School Code, a charter school shall not charge tuition; provided that a charter school may charge reasonable fees for textbooks, instructional materials, and student activities.

(f) A charter school shall be responsible for the management and operation of its fiscal affairs including, but not limited to, the preparation of its budget. An audit of each charter school's finances shall be conducted annually by an outside, independent contractor retained by the charter school. To ensure financial accountability for the use of public funds, on or before December 1 of every year of operation, each charter school shall submit to its authorizer and the State Board a copy of its audit and a copy of the Form 990 the charter school filed that year with the federal Internal Revenue Service. In addition, if deemed necessary for proper financial oversight of the charter school, an authorizer may require quarterly financial statements from each charter school.

(g) A charter school shall comply with all provisions of this Article, the Illinois Educational Labor Relations Act, all federal and State laws and rules applicable to public schools that pertain to special education and the instruction of English learners, and its charter. A charter school is exempt from all other State laws and regulations in this Code governing public schools and local school board policies; however, a charter school is not exempt from the following:

(1) Sections 10-21.9 and 34-18.5 of this Code regarding criminal history records checks and checks of the Statewide Sex Offender Database and Statewide Murderer and Violent Offender Against Youth Database of applicants for employment;

(2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and 34-84a of this Code regarding discipline of students;

(3) the Local Governmental and Governmental Employees Tort Immunity Act;

(4) Section 108.75 of the General Not For Profit Corporation Act of 1986 regarding indemnification of officers, directors, employees, and agents;

(5) the Abused and Neglected Child Reporting Act;

(5.5) subsection (b) of Section 10-23.12 and subsection (b) of Section 34-18.6 of this Code;

(6) the Illinois School Student Records Act;

(7) Section 10-17a of this Code regarding school report cards;

(8) the P-20 Longitudinal Education Data System Act;

(9) Section 27-23.7 of this Code regarding bullying prevention;

(10) Section 2-3.162 of this Code regarding student discipline reporting;

(11) Sections 22-80 and 27-8.1 of this Code;

(12) Sections 10-20.60 and 34-18.53 of this Code;

(13) Sections 10-20.63 and 34-18.56 of this Code;

(14) Section 26-18 of this Code;

(15) Section 22-30 of this Code; and

(16) Sections 24-12 and 34-85 of this Code; .

(17) Section 10-23.13 of this Code; and

(18) Section 27-9.1a of this Code.

The change made by Public Act 96-104 to this subsection (g) is declaratory of existing law.

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

(i) In no event shall a charter school that is established by converting an existing school or attendance center to charter school status be required to pay rent for space that is deemed available, as negotiated and provided in the charter agreement, in school district facilities. However, all other costs for the operation and maintenance of school district facilities that are used by the charter school shall be subject to negotiation between the charter school and the local school board and shall be set forth in the charter.

(j) A charter school may limit student enrollment by age or grade level.

(k) If the charter school is approved by the State Board or Commission, then the charter school is its own local education agency.

(Source: P.A. 100-29, eff. 1-1-18; 100-156, eff. 1-1-18; 100-163, eff. 1-1-18; 100-413, eff. 1-1-18; 100-468, eff. 6-1-18; 100-726, eff. 1-1-19; 100-863, eff. 8-14-18; 101-81, eff. 7-12-19; 101-291, eff. 1-1-20; 101-531, eff. 8-23-19; 101-543, eff. 8-23-19; revised 9-19-19.)

(Text of Section after amendment by P.A. 101-50)

Sec. 27A-5. Charter school; legal entity; requirements.

(a) A charter school shall be a public, nonsectarian, nonreligious, non-home based, and non-profit school. A charter school shall be organized and operated as a nonprofit corporation or other discrete, legal, nonprofit entity authorized under the laws of the State of Illinois.

(b) A charter school may be established under this Article by creating a new school or by converting an existing public school or attendance center to charter school status. Beginning on April 16, 2003 (the effective date of Public Act 93-3), in all new applications to establish a charter school in a city having a population exceeding 500,000, operation of the charter school shall be limited to one campus. The changes made to this Section by Public Act 93-3 do not apply to charter schools existing or approved on or before April 16, 2003 (the effective date of Public Act 93-3).

(b-5) In this subsection (b-5), "virtual-schooling" means a cyber school where students engage in online curriculum and instruction via the Internet and electronic communication with their teachers at remote locations and with students participating at different times.

From April 1, 2013 through December 31, 2016, there is a moratorium on the establishment of charter schools with virtual-schooling components in school districts other than a school district organized under Article 34 of this Code. This moratorium does not apply to a charter school with virtual-schooling components existing or approved prior to April 1, 2013 or to the renewal of the charter of a charter school with virtual-schooling components already approved prior to April 1, 2013.

(c) A charter school shall be administered and governed by its board of directors or other governing body in the manner provided in its charter. The governing body of a charter school shall be subject to the Freedom of Information Act and the Open Meetings Act. No later than January 1, 2021 (one year after the effective date of Public Act 101-291) this amendatory Act of the 101st General Assembly, a charter school's board of directors or other governing body must include at least one parent or guardian of a pupil currently enrolled in the charter school who may be selected through the charter school or a charter network election, appointment by the charter school's board of directors or other governing body, or by the charter school's Parent Teacher Organization or its equivalent.

(c-5) No later than January 1, 2021 (one year after the effective date of Public Act 101-291) this amendatory Act of the 101st General Assembly or within the first year of his or her first term, every voting member of a charter school's board of directors or other governing body shall complete a minimum of 4 hours of professional development leadership training to ensure that each member has sufficient familiarity with the board's or governing body's role and responsibilities, including financial oversight and accountability of the school, evaluating the principal's and school's performance, adherence to the Freedom of Information Act and the Open Meetings Act Acts, and compliance with education and labor law. In each subsequent year of his or her term, a voting member of a charter school's board of directors or other governing body shall complete a minimum of 2 hours of professional development training in these same areas. The training under this subsection may be provided or certified by a statewide charter school membership association or may be provided or certified by other qualified providers approved by the State Board of Education.

(d) For purposes of this subsection (d), "non-curricular health and safety requirement" means any health and safety requirement created by statute or rule to provide, maintain, preserve, or safeguard safe or healthful conditions for students and school personnel or to eliminate, reduce, or prevent threats to the health and safety of students and school personnel. "Non-curricular health and safety requirement" does not include any course of study or specialized instructional requirement for which the State Board has established goals and learning standards or which is designed primarily to impart knowledge and skills for students to master and apply as an outcome of their education.

A charter school shall comply with all non-curricular health and safety requirements applicable to public schools under the laws of the State of Illinois. On or before September 1, 2015, the State Board shall promulgate and post on its Internet website a list of non-curricular health and safety requirements that a charter school must meet. The list shall be updated annually no later than September 1. Any charter contract between a charter school and its authorizer must contain a provision that requires the charter school to follow the list of all non-curricular health and safety requirements promulgated by the State Board and any non-curricular health and safety requirements added by the State Board to such list during the term of the charter. Nothing in this subsection (d) precludes an authorizer from including non-curricular health and safety requirements in a charter school contract that are not contained in the list promulgated by the State Board, including non-curricular health and safety requirements of the authorizing local school board.

(e) Except as otherwise provided in the School Code, a charter school shall not charge tuition; provided that a charter school may charge reasonable fees for textbooks, instructional materials, and student activities.

(f) A charter school shall be responsible for the management and operation of its fiscal affairs including, but not limited to, the preparation of its budget. An audit of each charter school's finances shall be conducted annually by an outside, independent contractor retained by the charter school. To ensure financial accountability for the use of public funds, on or before December 1 of every year of operation, each charter school shall submit to its authorizer and the State Board a copy of its audit and a copy of the Form 990 the charter school filed that year with the federal Internal Revenue Service. In addition, if deemed necessary for proper financial oversight of the charter school, an authorizer may require quarterly financial statements from each charter school.

(g) A charter school shall comply with all provisions of this Article, the Illinois Educational Labor Relations Act, all federal and State laws and rules applicable to public schools that pertain to special education and the instruction of English learners, and its charter. A charter school is exempt from all other State laws and regulations in this Code governing public schools and local school board policies; however, a charter school is not exempt from the following:

(1) Sections 10-21.9 and 34-18.5 of this Code regarding criminal history records checks and checks of the Statewide Sex Offender Database and Statewide Murderer and Violent Offender Against Youth Database of applicants for employment;

(2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and 34-84a of this Code regarding discipline of students;

(3) the Local Governmental and Governmental Employees Tort Immunity Act;

(4) Section 108.75 of the General Not For Profit Corporation Act of 1986 regarding indemnification of officers, directors, employees, and agents;

(5) the Abused and Neglected Child Reporting Act;

(5.5) subsection (b) of Section 10-23.12 and subsection (b) of Section 34-18.6 of this Code;

(6) the Illinois School Student Records Act;

(7) Section 10-17a of this Code regarding school report cards;

(8) the P-20 Longitudinal Education Data System Act;

(9) Section 27-23.7 of this Code regarding bullying prevention;

(10) Section 2-3.162 of this Code regarding student discipline reporting;

(11) Sections 22-80 and 27-8.1 of this Code;

(12) Sections 10-20.60 and 34-18.53 of this Code;

(13) Sections 10-20.63 and 34-18.56 of this Code;

(14) Section 26-18 of this Code;

(15) Section 22-30 of this Code; and

(16) Sections 24-12 and 34-85 of this Code; .

(17) (16) The Seizure Smart School Act; .

(18) Section 10-23.13 of this Code; and

(19) Section 27-9.1a of this Code.

The change made by Public Act 96-104 to this subsection (g) is declaratory of existing law.

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

(i) In no event shall a charter school that is established by converting an existing school or attendance center to charter school status be required to pay rent for space that is deemed available, as negotiated and provided in the charter agreement, in school district facilities. However, all other costs for the operation and maintenance of school district facilities that are used by the charter school shall be subject to negotiation between the charter school and the local school board and shall be set forth in the charter.

(j) A charter school may limit student enrollment by age or grade level.

(k) If the charter school is approved by the State Board or Commission, then the charter school is its own local education agency.

(Source: P.A. 100-29, eff. 1-1-18; 100-156, eff. 1-1-18; 100-163, eff. 1-1-18; 100-413, eff. 1-1-18; 100-468, eff. 6-1-18; 100-726, eff. 1-1-19; 100-863, eff. 8-14-18; 101-50, eff. 7-1-20; 101-81, eff. 7-12-19; 101-291, eff. 1-1-20; 101-531, eff. 8-23-19; 101-543, eff. 8-23-19; revised 9-19-19.)

(105 ILCS 5/34-18.8) (from Ch. 122, par. 34-18.8)

Sec. 34-18.8. HIV AIDS training. School guidance counselors, nurses, teachers and other school personnel who work with pupils shall may be trained to have a basic knowledge of matters relating to human immunodeficiency virus (HIV) acquired immunodeficiency syndrome (AIDS), including the nature of the infection disease, its causes and effects, the means of detecting it and preventing its transmission, the availability of appropriate sources of counseling and referral, and any other medically accurate information that is age and developmentally appropriate for may be appropriate considering the age and grade level of such pupils. The Board of Education shall supervise such training. The State Board of Education and the Department of Public Health shall jointly develop standards for such training.

(Source: P.A. 86-900.)

(105 ILCS 5/27-9.1 rep.)

(105 ILCS 5/27-9.2 rep.)

(105 ILCS 5/27-11 rep.)

Section 10. The School Code is amended by repealing Sections 27-9.1, 27-9.2, and 27-11.

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

Section 99. Effective date. This Act takes effect upon becoming law.".