Illinois General Assembly - Full Text of SB0818
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Full Text of SB0818  102nd General Assembly

SB0818eng 102ND GENERAL ASSEMBLY

  
  
  

 


 
SB0818 EngrossedLRB102 04606 CMG 14625 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 changing Sections
52-3.62, 27A-5, and 34-18.8 and by adding Sections 27-9.1a and
627-9.1b as follows:
 
7    (105 ILCS 5/2-3.62)  (from Ch. 122, par. 2-3.62)
8    Sec. 2-3.62. Educational service centers.
9    (a) A regional network of educational service centers
10shall be established by the State Board of Education to
11coordinate and combine existing services in a manner which is
12practical and efficient and to provide new services to schools
13as provided in this Section. Services to be made available by
14such centers shall include the planning, implementation and
15evaluation of:
16        (1) (blank);
17        (2) computer technology education;
18        (3) mathematics, science and reading resources for
19    teachers including continuing education, inservice
20    training and staff development.
21    The centers may provide training, technical assistance,
22coordination and planning in other program areas such as
23school improvement, school accountability, financial planning,

 

 

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1consultation, and services, career guidance, early childhood
2education, alcohol/drug education and prevention,
3comprehensive personal health and safety education and
4comprehensive sexual health family life - sex education,
5electronic transmission of data from school districts to the
6State, alternative education and regional special education,
7and telecommunications systems that provide distance learning.
8Such telecommunications systems may be obtained through the
9Department of Central Management Services pursuant to Section
10405-270 of the Department of Central Management Services Law
11(20 ILCS 405/405-270). The programs and services of
12educational service centers may be offered to private school
13teachers and private school students within each service
14center area provided public schools have already been afforded
15adequate access to such programs and services.
16    Upon the abolition of the office, removal from office,
17disqualification for office, resignation from office, or
18expiration of the current term of office of the regional
19superintendent of schools, whichever is earlier, the chief
20administrative officer of the centers serving that portion of
21a Class II county school unit outside of a city of 500,000 or
22more inhabitants shall have and exercise, in and with respect
23to each educational service region having a population of
242,000,000 or more inhabitants and in and with respect to each
25school district located in any such educational service
26region, all of the rights, powers, duties, and

 

 

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1responsibilities theretofore vested by law in and exercised
2and performed by the regional superintendent of schools for
3that area under the provisions of this Code or any other laws
4of this State.
5    The State Board of Education shall promulgate rules and
6regulations necessary to implement this Section. The rules
7shall include detailed standards which delineate the scope and
8specific content of programs to be provided by each
9Educational Service Center, as well as the specific planning,
10implementation and evaluation services to be provided by each
11Center relative to its programs. The Board shall also provide
12the standards by which it will evaluate the programs provided
13by each Center.
14    (b) Centers serving Class 1 county school units shall be
15governed by an 11-member board, 3 members of which shall be
16public school teachers nominated by the local bargaining
17representatives to the appropriate regional superintendent for
18appointment and no more than 3 members of which shall be from
19each of the following categories, including but not limited to
20superintendents, regional superintendents, school board
21members and a representative of an institution of higher
22education. The members of the board shall be appointed by the
23regional superintendents whose school districts are served by
24the educational service center. The composition of the board
25will reflect the revisions of this amendatory Act of 1989 as
26the terms of office of current members expire.

 

 

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1    (c) The centers shall be of sufficient size and number to
2assure delivery of services to all local school districts in
3the State.
4    (d) From monies appropriated for this program the State
5Board of Education shall provide grants paid from the Personal
6Property Tax Replacement Fund to qualifying Educational
7Service Centers applying for such grants in accordance with
8rules and regulations promulgated by the State Board of
9Education to implement this Section.
10    (e) The governing authority of each of the 18 regional
11educational service centers shall appoint a comprehensive
12personal health and safety education and comprehensive sexual
13health family life - sex education advisory board consisting
14of 2 parents, 2 teachers, 2 school administrators, 2 school
15board members, 2 health care professionals, one library system
16representative, and the director of the regional educational
17service center who shall serve as chairperson of the advisory
18board so appointed. Members of the comprehensive personal
19health and safety education and comprehensive sexual health
20family life - sex education advisory boards shall serve
21without compensation. Each of the advisory boards appointed
22pursuant to this subsection shall develop a plan for regional
23teacher-parent comprehensive personal health and safety
24education and comprehensive sexual health family life - sex
25education training sessions and shall file a written report of
26such plan with the governing board of their regional

 

 

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1educational service center. The directors of each of the
2regional educational service centers shall thereupon meet,
3review each of the reports submitted by the advisory boards
4and combine those reports into a single written report which
5they shall file with the Citizens Council on School Problems
6prior to the end of the regular school term of the 1987-1988
7school year.
8    (f) The 14 educational service centers serving Class I
9county school units shall be disbanded on the first Monday of
10August, 1995, and their statutory responsibilities and
11programs shall be assumed by the regional offices of
12education, subject to rules and regulations developed by the
13State Board of Education. The regional superintendents of
14schools elected by the voters residing in all Class I counties
15shall serve as the chief administrators for these programs and
16services.
17(Source: P.A. 98-24, eff. 6-19-13; 98-647, eff. 6-13-14;
1899-30, eff. 7-10-15.)
 
19    (105 ILCS 5/27-9.1a new)
20    Sec. 27-9.1a. Comprehensive personal health and safety and
21comprehensive sexual health education.
22    (a) In this Section:
23    "Adapt" means to modify an evidence-based or
24evidence-informed program model for use with a particular
25demographic, ethnic, linguistic, or cultural group.

 

 

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1    "Age and developmentally appropriate" means suitable to
2particular ages or age groups of children and adolescents,
3based on the developing cognitive, emotional, and behavioral
4capacity typical for the age or age group.
5    "Characteristics of effective programs" includes
6development, content, and implementation of such programs that
7(i) have been shown to be effective in terms of increasing
8knowledge, clarifying values and attitudes, increasing skills,
9and impacting behavior, (ii) are widely recognized by leading
10medical and public health agencies to be effective in changing
11sexual behaviors that lead to sexually transmitted infections,
12including HIV, unintended pregnancy, interpersonal violence,
13and sexual violence among young people, and (iii) are taught
14by professionals who provide a safe learning space, free from
15shame, stigma, and ideology and are trained in trauma-informed
16teaching methodologies.
17    "Complete" means information that aligns with the National
18Sex Education Standards, including information on consent and
19healthy relationships, anatomy and physiology, puberty and
20adolescent sexual development, gender identity and expression,
21sexual orientation and identity, sexual health, and
22interpersonal violence.
23    "Comprehensive personal health and safety education" means
24age and developmentally appropriate education that aligns with
25the National Sex Education Standards, including information on
26consent and healthy relationships, anatomy and physiology,

 

 

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1puberty and adolescent sexual development, gender identity and
2expression, sexual orientation and identity, sexual health,
3and interpersonal violence.
4    "Comprehensive sexual health education" means age and
5developmentally appropriate education that aligns with the
6National Sex Education Standards, including information on
7consent and healthy relationships, anatomy and physiology,
8puberty and adolescent sexual development, gender identity and
9expression, sexual orientation and identity, sexual health,
10and interpersonal violence.
11    "Consent" means an affirmative, knowing, conscious,
12ongoing, and voluntary agreement to engage in interpersonal,
13physical, or sexual activity, which can be revoked at any
14point, including during the course of interpersonal, physical,
15or sexual activity.
16    "Culturally appropriate" means affirming culturally
17diverse individuals, families, and communities in an
18inclusive, respectful, and effective manner, including
19materials and instruction that are inclusive of race,
20ethnicity, language, cultural background, immigration status,
21religion, disability, gender, gender identity, gender
22expression, sexual orientation, and sexual behavior.
23    "Evidence-based program" means a program for which
24systematic, empirical research or evaluation has provided
25evidence of effectiveness.
26    "Evidence-informed program" means a program that uses the

 

 

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1best available research and practice knowledge to guide
2program design and implementation.
3    "Gender stereotype" means a generalized view or
4preconception about what attributes, characteristics, or roles
5are or ought to be taught, possessed by, or performed by people
6based on their gender identity.
7    "Healthy relationships" means relationships between
8individuals that consist of mutual respect, trust, honesty,
9support, fairness, equity, separate identities, physical and
10emotional safety, and good communication.
11    "Identity" means people's understanding of how they
12identify their sexual orientation, gender, gender identity, or
13gender expression without stereotypes, shame, or stigma.
14    "Inclusive" means inclusion of marginalized communities
15that include, but are not limited to, people of color,
16immigrants, people of diverse sexual orientations, gender
17identities, and gender expressions, people who are intersex,
18people with disabilities, people who have experienced
19interpersonal or sexual violence, and others.
20    "Interpersonal violence" means violent behavior used to
21establish power and control over another person.
22    "Medically accurate" means verified or supported by the
23weight of research conducted in compliance with accepted
24scientific methods and published in peer-reviewed journals, if
25applicable, or comprising information recognized as accurate
26and objective.

 

 

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1    "Pre-exposure Prophylaxis (PrEP)" means medications
2approved by the federal Food and Drug Administration (FDA) and
3recommended by the United States Public Health Service or the
4federal Centers for Disease Control and Prevention for HIV
5pre-exposure prophylaxis and related pre-exposure prophylaxis
6services, including, but not limited to, HIV and sexually
7transmitted infection screening, treatment for sexually
8transmitted infections, medical monitoring, laboratory
9services, and sexual health counseling, to reduce the
10likelihood of HIV infection for individuals who are not living
11with HIV but are vulnerable to HIV exposure.
12    "Post-exposure Prophylaxis (PeP)" means the medications
13that are recommended by the federal Centers for Disease
14Control and Prevention and other public health authorities to
15help prevent HIV infection after potential occupational or
16non-occupational HIV exposure.
17    "Sexual violence" means discrimination, bullying,
18harassment, including sexual harassment, sexual abuse, sexual
19assault, intimate partner violence, incest, rape, and human
20trafficking.
21    "Trauma informed" means to address vital information about
22sexuality and well-being that takes into consideration how
23adverse life experiences may potentially influence a person's
24well-being and decision making.
25    (b) All classes that teach comprehensive personal health
26and safety and comprehensive sexual health education shall

 

 

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1satisfy the following criteria:
2        (1) Course material and instruction shall be age and
3    developmentally appropriate, medically accurate,
4    complete, culturally appropriate, inclusive, and trauma
5    informed.
6        (2) Course material and instruction shall replicate
7    evidence-based or evidence-informed programs or
8    substantially incorporate elements of evidence-based
9    programs or evidence-informed programs or characteristics
10    of effective programs.
11        (3) Course material and instruction shall be inclusive
12    and sensitive to the needs of students based on their
13    status as pregnant or parenting, living with STIs,
14    including HIV, sexually active, asexual, or intersex or
15    based on their gender, gender identity, gender expression,
16    sexual orientation, sexual behavior, or disability.
17        (4) Course material and instruction shall be
18    accessible to students with disabilities, which may
19    include the use of a modified curriculum, materials,
20    instruction in alternative formats, assistive technology,
21    and auxiliary aids.
22        (5) Course material and instruction shall help
23    students develop self-advocacy skills for effective
24    communication with parents or guardians, health and social
25    service professionals, other trusted adults, and peers
26    about sexual health and relationships.

 

 

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1        (6) Course material and instruction shall provide
2    information to help students develop skills for developing
3    healthy relationships and preventing and dealing with
4    interpersonal violence and sexual violence.
5        (7) Course material and instruction shall provide
6    information to help students safely use the Internet,
7    including social media, dating or relationship websites or
8    applications, and texting.
9        (8) Course material and instruction shall provide
10    information about local resources where students can
11    obtain additional information and confidential services
12    related to parenting, bullying, interpersonal violence,
13    sexual violence, suicide prevention, sexual and
14    reproductive health, mental health, substance abuse,
15    sexual orientation, gender identity, gender expression,
16    and other related issues.
17        (9) Course material and instruction shall include
18    information about State laws related to minor
19    confidentiality and minor consent, including exceptions,
20    consent education, mandated reporting of child abuse and
21    neglect, the safe relinquishment of a newborn child,
22    minors' access to confidential health care and related
23    services, school policies addressing the prevention of and
24    response to interpersonal and sexual violence, school
25    breastfeeding accommodations, and school policies
26    addressing the prevention of and response to sexual

 

 

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1    harassment.
2        (10) Course material and instruction may not reflect
3    or promote bias against any person on the basis of the
4    person's race, ethnicity, language, cultural background,
5    citizenship, religion, HIV status, family structure,
6    disability, gender, gender identity, gender expression,
7    sexual orientation, or sexual behavior.
8        (11) Course material and instruction may not employ
9    gender stereotypes.
10        (12) Course material and instruction shall be
11    inclusive of and may not be insensitive or unresponsive to
12    the needs of survivors of interpersonal violence and
13    sexual violence.
14        (13) Course material and instruction may not
15    proselytize any religious doctrine.
16        (14) Course material and instruction may not
17    deliberately withhold health-promoting or life-saving
18    information about culturally appropriate health care and
19    services, including reproductive health services, hormone
20    therapy, and FDA-approved treatments and options,
21    including, but not limited to, Pre-exposure Prophylaxis
22    (PrEP) and Post-exposure Prophylaxis (PeP).
23        (15) Course material and instruction may not be
24    inconsistent with the ethical imperatives of medicine and
25    public health.
26    (c) A school may utilize guest lecturers or resource

 

 

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1persons to provide instruction or presentations in accordance
2with Section 10-22.34b. Comprehensive personal health and
3safety and comprehensive sexual health education instruction
4and materials provided by guest lecturers or resource persons
5may not conflict with the provisions of this Section.
6    (d) No student shall be required to take or participate in
7any class or course in comprehensive personal health and
8safety and comprehensive sexual health education. A student's
9parent or guardian may opt the student out of comprehensive
10personal health and safety and comprehensive sexual health
11education by submitting the request in writing. Refusal to
12take or participate in such a course or program may not be a
13reason for disciplinary action, academic penalty, suspension,
14or expulsion or any other sanction of a student. A school
15district may not require active parental consent for
16comprehensive personal health and safety and comprehensive
17sexual health education.
18    (e) An opportunity shall be afforded to individuals,
19including parents or guardians, to review the scope and
20sequence of instructional materials to be used in a class or
21course under this Section, either electronically or in person.
22A school district shall annually post, on its Internet website
23if one exists, which curriculum is used to provide
24comprehensive personal health and safety and comprehensive
25sexual health education and the name and contact information,
26including an email address, of school personnel who can

 

 

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1respond to inquiries about instruction and materials.
2    (f) On or before August 1, 2022, the State Board of
3Education, in consultation with youth, parents, sexual health
4and violence prevention experts, health care providers,
5advocates, and education practitioners, including, but not
6limited to, administrators, regional superintendents of
7schools, teachers, and school support personnel, shall develop
8and adopt rigorous learning standards in the area of
9comprehensive personal health and safety education for pupils
10in kindergarten through the 5th grade and comprehensive sexual
11health education for pupils in the 6th through 12th grades,
12including, but not limited to, all of the National Sex
13Education Standards, including information on consent and
14healthy relationships, anatomy and physiology, puberty and
15adolescent sexual development, gender identity and expression,
16sexual orientation and identity, sexual health, and
17interpersonal violence, as authored by the Future of Sex
18Education Initiative. As the National Sex Education Standards
19are updated, the State Board of Education shall update these
20learning standards.
21    (g) By no later than August 1, 2022, the State Board of
22Education shall make available resource materials developed in
23consultation with stakeholders, with the cooperation and input
24of experts that provide and entities that promote age and
25developmentally appropriate, medically accurate, complete,
26culturally appropriate, inclusive, and trauma-informed

 

 

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1comprehensive personal health and safety and comprehensive
2sexual health education policy. Materials may include, without
3limitation, model comprehensive personal health and safety and
4comprehensive sexual health education resources and programs.
5The State Board of Education shall make these resource
6materials available on its Internet website, in a clearly
7identified and easily accessible place.
8    (h) Schools may choose and adapt the age and
9developmentally appropriate, medically accurate, complete,
10culturally appropriate, inclusive, and trauma-informed
11comprehensive personal health and safety and comprehensive
12sexual health education curriculum that meets the specific
13needs of their community. All instruction and materials,
14including materials provided or presented by outside
15consultants, community groups, or organizations, may not
16conflict with the provisions of this Section.
17    (i) The State Board of Education shall, through existing
18reporting mechanisms if available, direct each school district
19to identify the following:
20        (1) if instruction on comprehensive personal health
21    and safety and comprehensive sexual health education is
22    provided;
23        (2) whether the instruction was provided by a teacher
24    in the school, a consultant, or a community group or
25    organization and specify the name of the outside
26    consultant, community group, or organization;

 

 

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1        (3) the number of students receiving instruction;
2        (4) the number of students excused from instruction;
3    and
4        (5) the duration of instruction.
5    The State Board of Education shall report the results of
6this inquiry to the General Assembly annually, for a period of
75 years beginning one year after the effective date of this
8amendatory Act of the 102nd General Assembly.
 
9    (105 ILCS 5/27-9.1b new)
10    Sec. 27-9.1b. Consent education.
11    (a) In this Section:
12    "Age and developmentally appropriate" has the meaning
13ascribed to that term in Section 27-9.1a.
14    "Consent" has the meaning ascribed to that term in Section
1527-9.1a.
16    (b) A school district may provide age and developmentally
17appropriate consent education in kindergarten through the 12th
18grade.
19        (1) In kindergarten through the 5th grade, instruction
20    and materials shall include age and developmentally
21    appropriate instruction on consent and how to give and
22    receive consent, including a discussion that includes, but
23    is not limited to, all of the following:
24            (A) Setting appropriate physical boundaries with
25        others.

 

 

SB0818 Engrossed- 17 -LRB102 04606 CMG 14625 b

1            (B) Respecting the physical boundaries of others.
2            (C) The right to refuse to engage in behaviors or
3        activities that are uncomfortable or unsafe.
4            (D) Dealing with unwanted physical contact.
5            (E) Helping a peer deal with unwanted physical
6        contact.
7        (2) In the 6th through 12th grades, instruction and
8    materials shall include age and developmentally
9    appropriate instruction on consent and how to give and
10    receive consent, including a discussion that includes, but
11    is not limited to, all of the following:
12            (A) That consent is a freely given agreement to
13        sexual activity.
14            (B) That consent to one particular sexual activity
15        does not constitute consent to other types of sexual
16        activities.
17            (C) That a person's lack of verbal or physical
18        resistance or submission resulting from the use or
19        threat of force does not constitute consent.
20            (D) That a person's manner of dress does not
21        constitute consent.
22            (E) That a person's consent to past sexual
23        activity does not constitute consent to future sexual
24        activity.
25            (F) That a person's consent to engage in sexual
26        activity with one person does not constitute consent

 

 

SB0818 Engrossed- 18 -LRB102 04606 CMG 14625 b

1        to engage in sexual activity with another person.
2            (G) That a person can withdraw consent at any
3        time.
4            (H) That a person cannot consent to sexual
5        activity if that person is unable to understand the
6        nature of the activity or give knowing consent due to
7        certain circumstances that include, but are not
8        limited to:
9                (i) the person is incapacitated due to the use
10            or influence of alcohol or drugs;
11                (ii) the person is asleep or unconscious;
12                (iii) the person is a minor; or
13                (iv) the person is incapacitated due to a
14            mental disability.
15            (I) The legal age of consent in this State.
 
16    (105 ILCS 5/27A-5)
17    Sec. 27A-5. Charter school; legal entity; requirements.
18    (a) A charter school shall be a public, nonsectarian,
19nonreligious, non-home based, and non-profit school. A charter
20school shall be organized and operated as a nonprofit
21corporation or other discrete, legal, nonprofit entity
22authorized under the laws of the State of Illinois.
23    (b) A charter school may be established under this Article
24by creating a new school or by converting an existing public
25school or attendance center to charter school status.

 

 

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1Beginning on April 16, 2003 (the effective date of Public Act
293-3), in all new applications to establish a charter school
3in a city having a population exceeding 500,000, operation of
4the charter school shall be limited to one campus. The changes
5made to this Section by Public Act 93-3 do not apply to charter
6schools existing or approved on or before April 16, 2003 (the
7effective date of Public Act 93-3).
8    (b-5) In this subsection (b-5), "virtual-schooling" means
9a cyber school where students engage in online curriculum and
10instruction via the Internet and electronic communication with
11their teachers at remote locations and with students
12participating at different times.
13    From April 1, 2013 through December 31, 2016, there is a
14moratorium on the establishment of charter schools with
15virtual-schooling components in school districts other than a
16school district organized under Article 34 of this Code. This
17moratorium does not apply to a charter school with
18virtual-schooling components existing or approved prior to
19April 1, 2013 or to the renewal of the charter of a charter
20school with virtual-schooling components already approved
21prior to April 1, 2013.
22    (c) A charter school shall be administered and governed by
23its board of directors or other governing body in the manner
24provided in its charter. The governing body of a charter
25school shall be subject to the Freedom of Information Act and
26the Open Meetings Act. No later than January 1, 2021 (one year

 

 

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

 

 

SB0818 Engrossed- 21 -LRB102 04606 CMG 14625 b

1the State Board of Education.
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
8school personnel. "Non-curricular health and safety
9requirement" does not include any course of study or
10specialized instructional requirement for which the State
11Board has established goals and learning standards or which is
12designed primarily to impart knowledge and skills for students
13to master and apply as an outcome 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
20be updated 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)

 

 

SB0818 Engrossed- 22 -LRB102 04606 CMG 14625 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
22authorizer may require quarterly financial statements from
23each charter school.
24    (g) A charter school shall comply with all provisions of
25this Article, the Illinois Educational Labor Relations Act,
26all federal and State laws and rules applicable to public

 

 

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

 

 

SB0818 Engrossed- 24 -LRB102 04606 CMG 14625 b

1        (10) Section 2-3.162 of this Code regarding student
2    discipline reporting;
3        (11) Sections 22-80 and 27-8.1 of this Code;
4        (12) Sections 10-20.60 and 34-18.53 of this Code;
5        (13) Sections 10-20.63 and 34-18.56 of this Code;
6        (14) Section 26-18 of this Code;
7        (15) Section 22-30 of this Code;
8        (16) Sections 24-12 and 34-85 of this Code;
9        (17) the Seizure Smart School Act; and
10        (18) Section 2-3.64a-10 of this Code; .
11        (19) Section 27-9.1a of this Code;
12        (20) Section 27-9.1b of this Code; and
13        (21) Section 34-18.8 of this Code.
14    The change made by Public Act 96-104 to this subsection
15(g) is declaratory of existing law.
16    (h) A charter school may negotiate and contract with a
17school district, the governing body of a State college or
18university or public community college, or any other public or
19for-profit or nonprofit private entity for: (i) the use of a
20school building and grounds or any other real property or
21facilities that the charter school desires to use or convert
22for use as a charter school site, (ii) the operation and
23maintenance thereof, and (iii) the provision of any service,
24activity, or undertaking that the charter school is required
25to perform in order to carry out the terms of its charter.
26However, a charter school that is established on or after

 

 

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1April 16, 2003 (the effective date of Public Act 93-3) and that
2operates in a city having a population exceeding 500,000 may
3not contract with a for-profit entity to manage or operate the
4school during the period that commences on April 16, 2003 (the
5effective date of Public Act 93-3) and concludes at the end of
6the 2004-2005 school year. Except as provided in subsection
7(i) of this Section, a school district may charge a charter
8school reasonable rent for the use of the district's
9buildings, grounds, and facilities. Any services for which a
10charter school contracts with a school district shall be
11provided by the district at cost. Any services for which a
12charter school contracts with a local school board or with the
13governing body of a State college or university or public
14community college shall be provided by the public entity at
15cost.
16    (i) In no event shall a charter school that is established
17by converting an existing school or attendance center to
18charter school status be required to pay rent for space that is
19deemed available, as negotiated and provided in the charter
20agreement, in school district facilities. However, all other
21costs for the operation and maintenance of school district
22facilities that are used by the charter school shall be
23subject to negotiation between the charter school and the
24local school board and shall be set forth in the charter.
25    (j) A charter school may limit student enrollment by age
26or grade level.

 

 

SB0818 Engrossed- 26 -LRB102 04606 CMG 14625 b

1    (k) If the charter school is approved by the State Board or
2Commission, then the charter school is its own local education
3agency.
4(Source: P.A. 100-29, eff. 1-1-18; 100-156, eff. 1-1-18;
5100-163, eff. 1-1-18; 100-413, eff. 1-1-18; 100-468, eff.
66-1-18; 100-726, eff. 1-1-19; 100-863, eff. 8-14-18; 101-50,
7eff. 7-1-20; 101-81, eff. 7-12-19; 101-291, eff. 1-1-20;
8101-531, eff. 8-23-19; 101-543, eff. 8-23-19; 101-654, eff.
93-8-21.)
 
10    (105 ILCS 5/34-18.8)  (from Ch. 122, par. 34-18.8)
11    Sec. 34-18.8. HIV AIDS training. School guidance
12counselors, nurses, teachers, school social workers, and other
13school personnel who work with students shall pupils may be
14trained to have a basic knowledge of matters relating to human
15immunodeficiency virus (HIV) acquired immunodeficiency
16syndrome (AIDS), including the nature of the infection
17disease, its causes and effects, the means of detecting it and
18preventing its transmission, the availability of appropriate
19sources of counseling and referral, and any other medically
20accurate information that is age and developmentally
21appropriate for may be appropriate considering the age and
22grade level of such students pupils. The Board of Education
23shall supervise such training. The State Board of Education
24and the Department of Public Health shall jointly develop
25standards for such training.

 

 

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1(Source: P.A. 86-900.)
 
2    (105 ILCS 5/27-9.1 rep.)
3    (105 ILCS 5/27-9.2 rep.)
4    (105 ILCS 5/27-11 rep.)
5    Section 10. The School Code is amended by repealing
6Sections 27-9.1, 27-9.2, and 27-11.
 
7    Section 99. Effective date. This Act takes effect upon
8becoming law.