Full Text of SB0818 102nd General Assembly
SB0818enr 102ND GENERAL ASSEMBLY |
| | SB0818 Enrolled | | LRB102 04606 CMG 14625 b |
|
| 1 | | AN ACT concerning education.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The School Code is amended by changing Sections | 5 | | 2-3.62, 27A-5, and 34-18.8 and by adding Sections 27-9.1a and | 6 | | 27-9.1b 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 | 10 | | shall be established
by the State Board of Education to | 11 | | coordinate and combine existing services in
a manner which is | 12 | | practical and efficient and to provide new services to
schools | 13 | | as provided in this Section. Services to be made available by | 14 | | such
centers shall include the planning, implementation and | 15 | | evaluation 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, | 22 | | coordination and
planning in other program areas such as | 23 | | school improvement, school
accountability, financial planning, |
| | | SB0818 Enrolled | - 2 - | LRB102 04606 CMG 14625 b |
|
| 1 | | consultation, and services, career guidance, early childhood | 2 | | education, alcohol/drug
education and prevention, | 3 | | comprehensive personal health and safety education and | 4 | | comprehensive sexual health family life - sex education, | 5 | | electronic transmission
of data from school districts to the | 6 | | State, alternative education and regional
special education, | 7 | | and telecommunications systems that provide distance
learning. | 8 | | Such telecommunications systems may be obtained through the
| 9 | | Department of Central Management Services pursuant to Section | 10 | | 405-270 of the
Department of Central Management Services Law | 11 | | (20 ILCS 405/405-270). The programs and services of | 12 | | educational
service centers may be offered to private school | 13 | | teachers and private school
students within each service | 14 | | center area provided public schools have already
been afforded | 15 | | adequate access to such programs and services.
| 16 | | Upon the abolition of the office, removal from office, | 17 | | disqualification for office, resignation from office, or | 18 | | expiration of the current term of office of the regional | 19 | | superintendent of schools, whichever is earlier, the chief | 20 | | administrative officer of the centers serving that portion of | 21 | | a Class II county school unit outside of a city of 500,000 or | 22 | | more inhabitants shall have and exercise, in and with respect | 23 | | to each educational service region having a population of | 24 | | 2,000,000 or more inhabitants and in and with respect to each | 25 | | school district located in any such educational service | 26 | | region, all of the rights, powers, duties, and |
| | | SB0818 Enrolled | - 3 - | LRB102 04606 CMG 14625 b |
|
| 1 | | responsibilities theretofore vested by law in and exercised | 2 | | and performed by the regional superintendent of schools for | 3 | | that area under the provisions of this Code or any other laws | 4 | | of this State. | 5 | | The State Board of Education shall promulgate rules and | 6 | | regulations necessary
to implement this Section. The rules | 7 | | shall include detailed standards which
delineate the scope and | 8 | | specific content of programs to be provided by each
| 9 | | Educational Service Center, as well as the specific planning, | 10 | | implementation
and evaluation services to be provided by each | 11 | | Center relative to its programs.
The Board shall also provide | 12 | | the standards by which it will evaluate the
programs provided | 13 | | by each Center.
| 14 | | (b) Centers serving Class 1 county school units shall be | 15 | | governed by an
11-member board, 3 members of which shall be | 16 | | public school teachers
nominated by the local bargaining | 17 | | representatives to the appropriate regional
superintendent for | 18 | | appointment and no more than 3 members of which shall be
from | 19 | | each of the following categories, including but not limited to
| 20 | | superintendents, regional superintendents, school board | 21 | | members
and a representative of an institution of higher | 22 | | education. The members of
the board shall be appointed by the | 23 | | regional superintendents whose school
districts are served by | 24 | | the educational service center.
The composition of the board | 25 | | will reflect the revisions of this
amendatory Act of 1989 as | 26 | | the terms of office of current members expire.
|
| | | SB0818 Enrolled | - 4 - | LRB102 04606 CMG 14625 b |
|
| 1 | | (c) The centers shall be of sufficient size and number to | 2 | | assure delivery
of services to all local school districts in | 3 | | the State.
| 4 | | (d) From monies appropriated for this program the State | 5 | | Board of
Education shall provide grants paid from the Personal | 6 | | Property Tax Replacement Fund to qualifying Educational | 7 | | Service Centers
applying for such grants in accordance with | 8 | | rules and regulations
promulgated by the State Board of | 9 | | Education to implement this Section.
| 10 | | (e) The governing authority of each of the 18 regional | 11 | | educational service
centers shall appoint a comprehensive | 12 | | personal health and safety education and comprehensive sexual | 13 | | health family life - sex education advisory board
consisting | 14 | | of 2 parents, 2 teachers, 2 school administrators, 2 school
| 15 | | board members, 2 health care professionals, one library system
| 16 | | representative, and the director of the regional educational | 17 | | service center
who shall serve as chairperson of the advisory | 18 | | board so appointed. Members
of the comprehensive personal | 19 | | health and safety education and comprehensive sexual health | 20 | | family life - sex education advisory boards shall serve | 21 | | without
compensation. Each of the advisory boards appointed | 22 | | pursuant to this
subsection shall develop a plan for regional | 23 | | teacher-parent comprehensive personal health and safety | 24 | | education and comprehensive sexual health family life - sex
| 25 | | education training sessions and shall file a written report of | 26 | | such plan
with the governing board of their regional |
| | | SB0818 Enrolled | - 5 - | LRB102 04606 CMG 14625 b |
|
| 1 | | educational service center. The
directors of each of the | 2 | | regional educational service
centers shall thereupon meet, | 3 | | review each of the reports submitted by the
advisory boards | 4 | | and combine those reports into a single written report which
| 5 | | they shall file with the Citizens Council on School Problems | 6 | | prior to the
end of the regular school term of the 1987-1988 | 7 | | school year.
| 8 | | (f) The 14 educational service centers serving Class I | 9 | | county school units
shall be disbanded on the first Monday of | 10 | | August, 1995, and their statutory
responsibilities and | 11 | | programs shall be assumed by the regional offices of
| 12 | | education, subject to rules and regulations developed by
the
| 13 | | State Board of Education. The regional superintendents of | 14 | | schools elected by
the voters residing in all Class I counties | 15 | | shall serve as the chief
administrators for these programs and | 16 | | services.
| 17 | | (Source: P.A. 98-24, eff. 6-19-13; 98-647, eff. 6-13-14; | 18 | | 99-30, eff. 7-10-15.)
| 19 | | (105 ILCS 5/27-9.1a new) | 20 | | Sec. 27-9.1a. Comprehensive personal health and safety and | 21 | | comprehensive sexual health education. | 22 | | (a) In this Section: | 23 | | "Adapt" means to modify an evidence-based or | 24 | | evidence-informed program model for use with a particular | 25 | | demographic, ethnic, linguistic, or cultural group. |
| | | SB0818 Enrolled | - 6 - | LRB102 04606 CMG 14625 b |
|
| 1 | | "Age and developmentally appropriate" means suitable to | 2 | | particular ages or age groups of children and adolescents, | 3 | | based on the developing cognitive, emotional, and behavioral | 4 | | capacity typical for the age or age group. | 5 | | "Characteristics of effective programs" includes | 6 | | development, content, and implementation of such programs that | 7 | | (i) have been shown to be effective in terms of increasing | 8 | | knowledge, clarifying values and attitudes, increasing skills, | 9 | | and impacting behavior, (ii) are widely recognized by leading | 10 | | medical and public health agencies to be effective in changing | 11 | | sexual behaviors that lead to sexually transmitted infections, | 12 | | including HIV, unintended pregnancy, interpersonal violence, | 13 | | and sexual violence among young people, and (iii) are taught | 14 | | by professionals who provide a safe learning space, free from | 15 | | shame, stigma, and ideology and are trained in trauma-informed | 16 | | teaching methodologies. | 17 | | "Complete" means information that aligns with the National | 18 | | Sex Education Standards, including information on consent and | 19 | | healthy relationships, anatomy and physiology, puberty and | 20 | | adolescent sexual development, gender identity and expression, | 21 | | sexual orientation and identity, sexual health, and | 22 | | interpersonal violence. | 23 | | "Comprehensive personal health and safety education" means | 24 | | age and developmentally appropriate education that aligns with | 25 | | the National Sex Education Standards, including information on | 26 | | consent and healthy relationships, anatomy and physiology, |
| | | SB0818 Enrolled | - 7 - | LRB102 04606 CMG 14625 b |
|
| 1 | | puberty and adolescent sexual development, gender identity and | 2 | | expression, sexual orientation and identity, sexual health, | 3 | | and interpersonal violence. | 4 | | "Comprehensive sexual health education" means age and | 5 | | developmentally appropriate education that aligns with the | 6 | | National Sex Education Standards, including information on | 7 | | consent and healthy relationships, anatomy and physiology, | 8 | | puberty and adolescent sexual development, gender identity and | 9 | | expression, sexual orientation and identity, sexual health, | 10 | | and interpersonal violence. | 11 | | "Consent" means an affirmative, knowing, conscious, | 12 | | ongoing, and voluntary agreement to engage in interpersonal, | 13 | | physical, or sexual activity, which can be revoked at any | 14 | | point, including during the course of interpersonal, physical, | 15 | | or sexual activity. | 16 | | "Culturally appropriate" means affirming culturally | 17 | | diverse individuals, families, and communities in an | 18 | | inclusive, respectful, and effective manner, including | 19 | | materials and instruction that are inclusive of race, | 20 | | ethnicity, language, cultural background, immigration status, | 21 | | religion, disability, gender, gender identity, gender | 22 | | expression, sexual orientation, and sexual behavior. | 23 | | "Evidence-based program" means a program for which | 24 | | systematic, empirical research or evaluation has provided | 25 | | evidence of effectiveness. | 26 | | "Evidence-informed program" means a program that uses the |
| | | SB0818 Enrolled | - 8 - | LRB102 04606 CMG 14625 b |
|
| 1 | | best available research and practice knowledge to guide | 2 | | program design and implementation. | 3 | | "Gender stereotype" means a generalized view or | 4 | | preconception about what attributes, characteristics, or roles | 5 | | are or ought to be taught, possessed by, or performed by people | 6 | | based on their gender identity. | 7 | | "Healthy relationships" means relationships between | 8 | | individuals that consist of mutual respect, trust, honesty, | 9 | | support, fairness, equity, separate identities, physical and | 10 | | emotional safety, and good communication. | 11 | | "Identity" means people's understanding of how they | 12 | | identify their sexual orientation, gender, gender identity, or | 13 | | gender expression without stereotypes, shame, or stigma. | 14 | | "Inclusive" means inclusion of marginalized communities | 15 | | that include, but are not limited to, people of color, | 16 | | immigrants, people of diverse sexual orientations, gender | 17 | | identities, and gender expressions, people who are intersex, | 18 | | people with disabilities, people who have experienced | 19 | | interpersonal or sexual violence, and others. | 20 | | "Interpersonal violence" means violent behavior used to | 21 | | establish power and control over another person. | 22 | | "Medically accurate" means verified or supported by the | 23 | | weight of research conducted in compliance with accepted | 24 | | scientific methods and published in peer-reviewed journals, if | 25 | | applicable, or comprising information recognized as accurate | 26 | | and objective. |
| | | SB0818 Enrolled | - 9 - | LRB102 04606 CMG 14625 b |
|
| 1 | | "Pre-exposure Prophylaxis (PrEP)" means medications | 2 | | approved by the federal Food and Drug Administration (FDA) and | 3 | | recommended by the United States Public Health Service or the | 4 | | federal Centers for Disease Control and Prevention for HIV | 5 | | pre-exposure prophylaxis and related pre-exposure prophylaxis | 6 | | services, including, but not limited to, HIV and sexually | 7 | | transmitted infection screening, treatment for sexually | 8 | | transmitted infections, medical monitoring, laboratory | 9 | | services, and sexual health counseling, to reduce the | 10 | | likelihood of HIV infection for individuals who are not living | 11 | | with HIV but are vulnerable to HIV exposure. | 12 | | "Post-exposure Prophylaxis (PeP)" means the medications | 13 | | that are recommended by the federal Centers for Disease | 14 | | Control and Prevention and other public health authorities to | 15 | | help prevent HIV infection after potential occupational or | 16 | | non-occupational HIV exposure. | 17 | | "Sexual violence" means discrimination, bullying, | 18 | | harassment, including sexual harassment, sexual abuse, sexual | 19 | | assault, intimate partner violence, incest, rape, and human | 20 | | trafficking. | 21 | | "Trauma informed" means to address vital information about | 22 | | sexuality and well-being that takes into consideration how | 23 | | adverse life experiences may potentially influence a person's | 24 | | well-being and decision making. | 25 | | (b) All classes that teach comprehensive personal health | 26 | | and safety and comprehensive sexual health education shall |
| | | SB0818 Enrolled | - 10 - | LRB102 04606 CMG 14625 b |
|
| 1 | | satisfy 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. |
| | | SB0818 Enrolled | - 11 - | LRB102 04606 CMG 14625 b |
|
| 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 |
| | | SB0818 Enrolled | - 12 - | LRB102 04606 CMG 14625 b |
|
| 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 |
| | | SB0818 Enrolled | - 13 - | LRB102 04606 CMG 14625 b |
|
| 1 | | persons to provide instruction or presentations in accordance | 2 | | with Section 10-22.34b. Comprehensive personal health and | 3 | | safety and comprehensive sexual health education instruction | 4 | | and materials provided by guest lecturers or resource persons | 5 | | may not conflict with the provisions of this Section. | 6 | | (d) No student shall be required to take or participate in | 7 | | any class or course in comprehensive personal health and | 8 | | safety and comprehensive sexual health education. A student's | 9 | | parent or guardian may opt the student out of comprehensive | 10 | | personal health and safety and comprehensive sexual health | 11 | | education by submitting the request in writing. Refusal to | 12 | | take or participate in such a course or program may not be a | 13 | | reason for disciplinary action, academic penalty, suspension, | 14 | | or expulsion or any other sanction of a student. A school | 15 | | district may not require active parental consent for | 16 | | comprehensive personal health and safety and comprehensive | 17 | | sexual health education. | 18 | | (e) An opportunity shall be afforded to individuals, | 19 | | including parents or guardians, to review the scope and | 20 | | sequence of instructional materials to be used in a class or | 21 | | course under this Section, either electronically or in person. | 22 | | A school district shall annually post, on its Internet website | 23 | | if one exists, which curriculum is used to provide | 24 | | comprehensive personal health and safety and comprehensive | 25 | | sexual health education and the name and contact information, | 26 | | including an email address, of school personnel who can |
| | | SB0818 Enrolled | - 14 - | LRB102 04606 CMG 14625 b |
|
| 1 | | respond to inquiries about instruction and materials. | 2 | | (f) On or before August 1, 2022, the State Board of | 3 | | Education, in consultation with youth, parents, sexual health | 4 | | and violence prevention experts, health care providers, | 5 | | advocates, and education practitioners, including, but not | 6 | | limited to, administrators, regional superintendents of | 7 | | schools, teachers, and school support personnel, shall develop | 8 | | and adopt rigorous learning standards in the area of | 9 | | comprehensive personal health and safety education for pupils | 10 | | in kindergarten through the 5th grade and comprehensive sexual | 11 | | health education for pupils in the 6th through 12th grades, | 12 | | including, but not limited to, all of the National Sex | 13 | | Education Standards, including information on consent and | 14 | | healthy relationships, anatomy and physiology, puberty and | 15 | | adolescent sexual development, gender identity and expression, | 16 | | sexual orientation and identity, sexual health, and | 17 | | interpersonal violence, as authored by the Future of Sex | 18 | | Education Initiative. As the National Sex Education Standards | 19 | | are updated, the State Board of Education shall update these | 20 | | learning standards. | 21 | | (g) By no later than August 1, 2022, the State Board of | 22 | | Education shall make available resource materials developed in | 23 | | consultation with stakeholders, with the cooperation and input | 24 | | of experts that provide and entities that promote age and | 25 | | developmentally appropriate, medically accurate, complete, | 26 | | culturally appropriate, inclusive, and trauma-informed |
| | | SB0818 Enrolled | - 15 - | LRB102 04606 CMG 14625 b |
|
| 1 | | comprehensive personal health and safety and comprehensive | 2 | | sexual health education policy. Materials may include, without | 3 | | limitation, model comprehensive personal health and safety and | 4 | | comprehensive sexual health education resources and programs. | 5 | | The State Board of Education shall make these resource | 6 | | materials available on its Internet website, in a clearly | 7 | | identified and easily accessible place. | 8 | | (h) Schools may choose and adapt the age and | 9 | | developmentally appropriate, medically accurate, complete, | 10 | | culturally appropriate, inclusive, and trauma-informed | 11 | | comprehensive personal health and safety and comprehensive | 12 | | sexual health education curriculum that meets the specific | 13 | | needs of their community. All instruction and materials, | 14 | | including materials provided or presented by outside | 15 | | consultants, community groups, or organizations, may not | 16 | | conflict with the provisions of this Section. | 17 | | (i) The State Board of Education shall, through existing | 18 | | reporting mechanisms if available, direct each school district | 19 | | to 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; |
| | | SB0818 Enrolled | - 16 - | LRB102 04606 CMG 14625 b |
|
| 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 | 6 | | this inquiry to the General Assembly annually, for a period of | 7 | | 5 years beginning one year after the effective date of this | 8 | | amendatory 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 | 13 | | ascribed to that term in Section 27-9.1a. | 14 | | "Consent" has the meaning ascribed to that term in Section | 15 | | 27-9.1a. | 16 | | (b) A school district may provide age and developmentally | 17 | | appropriate consent education in kindergarten through the 12th | 18 | | grade. | 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 Enrolled | - 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 Enrolled | - 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, | 19 | | nonreligious, non-home
based, and non-profit school. A charter | 20 | | school shall be organized and operated
as a nonprofit | 21 | | corporation or other discrete, legal, nonprofit entity
| 22 | | authorized under the laws of the State of Illinois.
| 23 | | (b) A charter school may be established under this Article | 24 | | by creating a new
school or by converting an existing public | 25 | | school or attendance center to
charter
school status.
|
| | | SB0818 Enrolled | - 19 - | LRB102 04606 CMG 14625 b |
|
| 1 | | Beginning on April 16, 2003 (the effective date of Public Act | 2 | | 93-3), in all new
applications to establish
a charter
school | 3 | | in a city having a population exceeding 500,000, operation of | 4 | | the
charter
school shall be limited to one campus. The changes | 5 | | made to this Section by Public Act 93-3 do not apply to charter | 6 | | schools existing or approved on or before April 16, 2003 (the
| 7 | | effective date of Public Act 93-3). | 8 | | (b-5) In this subsection (b-5), "virtual-schooling" means | 9 | | a cyber school where students engage in online curriculum and | 10 | | instruction via the Internet and electronic communication with | 11 | | their teachers at remote locations and with students | 12 | | participating at different times. | 13 | | From April 1, 2013 through December 31, 2016, there is a | 14 | | moratorium on the establishment of charter schools with | 15 | | virtual-schooling components in school districts other than a | 16 | | school district organized under Article 34 of this Code. This | 17 | | moratorium does not apply to a charter school with | 18 | | virtual-schooling components existing or approved prior to | 19 | | April 1, 2013 or to the renewal of the charter of a charter | 20 | | school with virtual-schooling components already approved | 21 | | prior to April 1, 2013.
| 22 | | (c) A charter school shall be administered and governed by | 23 | | its board of
directors or other governing body
in the manner | 24 | | provided in its charter. The governing body of a charter | 25 | | school
shall be subject to the Freedom of Information Act and | 26 | | the Open Meetings Act. No later than January 1, 2021 (one year |
| | | SB0818 Enrolled | - 20 - | LRB102 04606 CMG 14625 b |
|
| 1 | | after the effective date of Public Act 101-291), a charter | 2 | | school's board of directors or other governing body must | 3 | | include at least one parent or guardian of a pupil currently | 4 | | enrolled in the charter school who may be selected through the | 5 | | charter school or a charter network election, appointment by | 6 | | the charter school's board of directors or other governing | 7 | | body, or by the charter school's Parent Teacher Organization | 8 | | or its equivalent. | 9 | | (c-5) No later than January 1, 2021 (one year after the | 10 | | effective date of Public Act 101-291) or within the first year | 11 | | of his or her first term, every voting member of a charter | 12 | | school's board of directors or other governing body shall | 13 | | complete a minimum of 4 hours of professional development | 14 | | leadership training to ensure that each member has sufficient | 15 | | familiarity with the board's or governing body's role and | 16 | | responsibilities, including financial oversight and | 17 | | accountability of the school, evaluating the principal's and | 18 | | school's performance, adherence to the Freedom of Information | 19 | | Act and the Open Meetings Act, and compliance with education | 20 | | and labor law. In each subsequent year of his or her term, a | 21 | | voting member of a charter school's board of directors or | 22 | | other governing body shall complete a minimum of 2 hours of | 23 | | professional development training in these same areas. The | 24 | | training under this subsection may be provided or certified by | 25 | | a statewide charter school membership association or may be | 26 | | provided or certified by other qualified providers approved by |
| | | SB0818 Enrolled | - 21 - | LRB102 04606 CMG 14625 b |
|
| 1 | | the State Board of Education.
| 2 | | (d) For purposes of this subsection (d), "non-curricular | 3 | | health and safety requirement" means any health and safety | 4 | | requirement created by statute or rule to provide, maintain, | 5 | | preserve, or safeguard safe or healthful conditions for | 6 | | students and school personnel or to eliminate, reduce, or | 7 | | prevent threats to the health and safety of students and | 8 | | school personnel. "Non-curricular health and safety | 9 | | requirement" does not include any course of study or | 10 | | specialized instructional requirement for which the State | 11 | | Board has established goals and learning standards or which is | 12 | | designed primarily to impart knowledge and skills for students | 13 | | to master and apply as an outcome of their education. | 14 | | A charter school shall comply with all non-curricular | 15 | | health and safety
requirements applicable to public schools | 16 | | under the laws of the State of
Illinois. On or before September | 17 | | 1, 2015, the State Board shall promulgate and post on its | 18 | | Internet website a list of non-curricular health and safety | 19 | | requirements that a charter school must meet. The list shall | 20 | | be updated annually no later than September 1. Any charter | 21 | | contract between a charter school and its authorizer must | 22 | | contain a provision that requires the charter school to follow | 23 | | the list of all non-curricular health and safety requirements | 24 | | promulgated by the State Board and any non-curricular health | 25 | | and safety requirements added by the State Board to such list | 26 | | during the term of the charter. Nothing in this subsection (d) |
| | | SB0818 Enrolled | - 22 - | LRB102 04606 CMG 14625 b |
|
| 1 | | precludes an authorizer from including non-curricular health | 2 | | and safety requirements in a charter school contract that are | 3 | | not contained in the list promulgated by the State Board, | 4 | | including non-curricular health and safety requirements of the | 5 | | authorizing local school board.
| 6 | | (e) Except as otherwise provided in the School Code, a | 7 | | charter school shall
not charge tuition; provided that a | 8 | | charter school may charge reasonable fees
for textbooks, | 9 | | instructional materials, and student activities.
| 10 | | (f) A charter school shall be responsible for the | 11 | | management and operation
of its fiscal affairs including,
but | 12 | | not limited to, the preparation of its budget. An audit of each | 13 | | charter
school's finances shall be conducted annually by an | 14 | | outside, independent
contractor retained by the charter | 15 | | school. To ensure financial accountability for the use of | 16 | | public funds, on or before December 1 of every year of | 17 | | operation, each charter school shall submit to its authorizer | 18 | | and the State Board a copy of its audit and a copy of the Form | 19 | | 990 the charter school filed that year with the federal | 20 | | Internal Revenue Service. In addition, if deemed necessary for | 21 | | proper financial oversight of the charter school, an | 22 | | authorizer may require quarterly financial statements from | 23 | | each charter school.
| 24 | | (g) A charter school shall comply with all provisions of | 25 | | this Article, the Illinois Educational Labor Relations Act, | 26 | | all federal and State laws and rules applicable to public |
| | | SB0818 Enrolled | - 23 - | LRB102 04606 CMG 14625 b |
|
| 1 | | schools that pertain to special education and the instruction | 2 | | of English learners, and
its charter. A charter
school is | 3 | | exempt from all other State laws and regulations in this Code
| 4 | | governing public
schools and local school board policies; | 5 | | however, 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 Enrolled | - 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 | 17 | | school district, the
governing body of a State college or | 18 | | university or public community college, or
any other public or | 19 | | for-profit or nonprofit private entity for: (i) the use
of a | 20 | | school building and grounds or any other real property or | 21 | | facilities that
the charter school desires to use or convert | 22 | | for use as a charter school site,
(ii) the operation and | 23 | | maintenance thereof, and
(iii) the provision of any service, | 24 | | activity, or undertaking that the charter
school is required | 25 | | to perform in order to carry out the terms of its charter.
| 26 | | However, a charter school
that is established on
or
after |
| | | SB0818 Enrolled | - 25 - | LRB102 04606 CMG 14625 b |
|
| 1 | | April 16, 2003 (the effective date of Public Act 93-3) and that | 2 | | operates
in a city having a population exceeding
500,000 may | 3 | | not contract with a for-profit entity to
manage or operate the | 4 | | school during the period that commences on April 16, 2003 (the
| 5 | | effective date of Public Act 93-3) and
concludes at the end of | 6 | | the 2004-2005 school year.
Except as provided in subsection | 7 | | (i) of this Section, a school district may
charge a charter | 8 | | school reasonable rent for the use of the district's
| 9 | | buildings, grounds, and facilities. Any services for which a | 10 | | charter school
contracts
with a school district shall be | 11 | | provided by the district at cost. Any services
for which a | 12 | | charter school contracts with a local school board or with the
| 13 | | governing body of a State college or university or public | 14 | | community college
shall be provided by the public entity at | 15 | | cost.
| 16 | | (i) In no event shall a charter school that is established | 17 | | by converting an
existing school or attendance center to | 18 | | charter school status be required to
pay rent for space
that is | 19 | | deemed available, as negotiated and provided in the charter | 20 | | agreement,
in school district
facilities. However, all other | 21 | | costs for the operation and maintenance of
school district | 22 | | facilities that are used by the charter school shall be | 23 | | subject
to negotiation between
the charter school and the | 24 | | local school board and shall be set forth in the
charter.
| 25 | | (j) A charter school may limit student enrollment by age | 26 | | or grade level.
|
| | | SB0818 Enrolled | - 26 - | LRB102 04606 CMG 14625 b |
|
| 1 | | (k) If the charter school is approved by the State Board or | 2 | | Commission, then the charter school is its own local education | 3 | | agency. | 4 | | (Source: P.A. 100-29, eff. 1-1-18; 100-156, eff. 1-1-18; | 5 | | 100-163, eff. 1-1-18; 100-413, eff. 1-1-18; 100-468, eff. | 6 | | 6-1-18; 100-726, eff. 1-1-19; 100-863, eff. 8-14-18; 101-50, | 7 | | eff. 7-1-20; 101-81, eff. 7-12-19; 101-291, eff. 1-1-20; | 8 | | 101-531, eff. 8-23-19; 101-543, eff. 8-23-19; 101-654, eff. | 9 | | 3-8-21.)
| 10 | | (105 ILCS 5/34-18.8) (from Ch. 122, par. 34-18.8)
| 11 | | Sec. 34-18.8. HIV AIDS training. School guidance | 12 | | counselors, nurses,
teachers , school social workers, and other | 13 | | school personnel who work with students shall pupils
may be | 14 | | trained to have a basic knowledge of matters relating
to human | 15 | | immunodeficiency virus (HIV) acquired immunodeficiency | 16 | | syndrome (AIDS) , including the nature of the infection
| 17 | | disease , its causes and effects, the means of detecting it and | 18 | | preventing
its transmission, the availability of appropriate | 19 | | sources of counseling and
referral, and any other medically | 20 | | accurate information that is age and developmentally | 21 | | appropriate for may be appropriate considering the
age and | 22 | | grade level of such students pupils . The Board of Education | 23 | | shall supervise
such training. The State Board of Education | 24 | | and the Department of Public
Health shall jointly develop | 25 | | standards for such training.
|
| | | SB0818 Enrolled | - 27 - | LRB102 04606 CMG 14625 b |
|
| 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 | 6 | | Sections 27-9.1, 27-9.2, and 27-11.
| 7 | | Section 99. Effective date. This Act takes effect upon | 8 | | becoming law.
|
|