SB1947 Engrossed LRB100 09675 MLM 19844 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 Section
5		27A-5 and by adding Section 26-18 as follows:
6		(105 ILCS 5/26-18 new)
7		Sec. 26-18. Chronic absenteeism report and support.
8		(a) As used in this Section:
9		"Chronic absence" means absences that total 10% or more of
10		school days of the most recent academic school year, including
11		absences with and without valid cause, as defined in Section
12		26-2a of this Code, and out-of-school suspensions for an
13		enrolled student.
14		"Student" means any enrolled student that is subject to
15		compulsory attendance under Section 26-1 of this Code but does
16		not mean a student for whom a documented homebound or hospital
17		record is on file during the student's absence from school.
18		(b) The General Assembly finds that:
19		(1) The early years are a critical period in children's
20		learning and development. Every child should be counted
21		present every day. Every day of school matters.
22		(2) Being absent too many days from school can make it
23		difficult for students to stay on-track academically and

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1		maintain the momentum to graduate from high school in order
2		to be college or career-ready.
3		(3) Every day of school attendance matters for all
4		students and their families. It is crucial, therefore, that
5		the implications of chronic absence be understood and
6		reviewed regularly.
7		(c) Beginning July 1, 2018, every school district, charter
8		school, or alternative school or any school receiving public
9		funds shall collect and review its chronic absence data and
10		determine what systems of support and resources are needed to
11		engage chronically absent students and their families to
12		encourage the habit of daily attendance and promote success.
13		The review shall include an analysis of chronic absence data
14		from each attendance center or campus of the school district,
15		charter school, or alternative school or other school receiving
16		public funds.
17		(d) School districts, charter schools, or alternative
18		schools or any school receiving public funds are encouraged to
19		provide a system of support to students who are at risk of
20		reaching or exceeding chronic absence levels with strategies
21		such as those available through the Illinois Multi-tiered
22		Systems of Support Network. Schools are encouraged to
23		additionally make resources available to families such as those
24		available through the State Board of Education's Family
25		Engagement Framework to support and engage students and their
26		families to encourage heightened school engagement and

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1		improved daily school attendance.
2		(105 ILCS 5/27A-5)
3		(Text of Section before amendment by P.A. 99-927)
4		Sec. 27A-5. Charter school; legal entity; requirements.
5		(a) A charter school shall be a public, nonsectarian,
6		nonreligious, non-home based, and non-profit school. A charter
7		school shall be organized and operated as a nonprofit
8		corporation or other discrete, legal, nonprofit entity
9		authorized under the laws of the State of Illinois.
10		(b) A charter school may be established under this Article
11		by creating a new school or by converting an existing public
12		school or attendance center to charter school status. Beginning
13		on April 16, 2003 (the effective date of Public Act 93-3), in
14		all new applications to establish a charter school in a city
15		having a population exceeding 500,000, operation of the charter
16		school shall be limited to one campus. The changes made to this
17		Section by Public Act 93-3 do not apply to charter schools
18		existing or approved on or before April 16, 2003 (the effective
19		date of Public Act 93-3).
20		(b-5) In this subsection (b-5), "virtual-schooling" means
21		a cyber school where students engage in online curriculum and
22		instruction via the Internet and electronic communication with
23		their teachers at remote locations and with students
24		participating at different times.
25		From April 1, 2013 through December 31, 2016, there is a

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1		moratorium on the establishment of charter schools with
2		virtual-schooling components in school districts other than a
3		school district organized under Article 34 of this Code. This
4		moratorium does not apply to a charter school with
5		virtual-schooling components existing or approved prior to
6		April 1, 2013 or to the renewal of the charter of a charter
7		school with virtual-schooling components already approved
8		prior to April 1, 2013.
9		On or before March 1, 2014, the Commission shall submit to
10		the General Assembly a report on the effect of
11		virtual-schooling, including without limitation the effect on
12		student performance, the costs associated with
13		virtual-schooling, and issues with oversight. The report shall
14		include policy recommendations for virtual-schooling.
15		(c) A charter school shall be administered and governed by
16		its board of directors or other governing body in the manner
17		provided in its charter. The governing body of a charter school
18		shall be subject to the Freedom of Information Act and the Open
19		Meetings Act.
20		(d) For purposes of this subsection (d), "non-curricular
21		health and safety requirement" means any health and safety
22		requirement created by statute or rule to provide, maintain,
23		preserve, or safeguard safe or healthful conditions for
24		students and school personnel or to eliminate, reduce, or
25		prevent threats to the health and safety of students and school
26		personnel. "Non-curricular health and safety requirement" does

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1		not include any course of study or specialized instructional
2		requirement for which the State Board has established goals and
3		learning standards or which is designed primarily to impart
4		knowledge and skills for students to master and apply as an
5		outcome of their education.
6		A charter school shall comply with all non-curricular
7		health and safety requirements applicable to public schools
8		under the laws of the State of Illinois. On or before September
9		1, 2015, the State Board shall promulgate and post on its
10		Internet website a list of non-curricular health and safety
11		requirements that a charter school must meet. The list shall be
12		updated annually no later than September 1. Any charter
13		contract between a charter school and its authorizer must
14		contain a provision that requires the charter school to follow
15		the list of all non-curricular health and safety requirements
16		promulgated by the State Board and any non-curricular health
17		and safety requirements added by the State Board to such list
18		during the term of the charter. Nothing in this subsection (d)
19		precludes an authorizer from including non-curricular health
20		and safety requirements in a charter school contract that are
21		not contained in the list promulgated by the State Board,
22		including non-curricular health and safety requirements of the
23		authorizing local school board.
24		(e) Except as otherwise provided in the School Code, a
25		charter school shall not charge tuition; provided that a
26		charter school may charge reasonable fees for textbooks,

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1		instructional materials, and student activities.
2		(f) A charter school shall be responsible for the
3		management and operation of its fiscal affairs including, but
4		not limited to, the preparation of its budget. An audit of each
5		charter school's finances shall be conducted annually by an
6		outside, independent contractor retained by the charter
7		school. To ensure financial accountability for the use of
8		public funds, on or before December 1 of every year of
9		operation, each charter school shall submit to its authorizer
10		and the State Board a copy of its audit and a copy of the Form
11		990 the charter school filed that year with the federal
12		Internal Revenue Service. In addition, if deemed necessary for
13		proper financial oversight of the charter school, an authorizer
14		may require quarterly financial statements from each charter
15		school.
16		(g) A charter school shall comply with all provisions of
17		this Article, the Illinois Educational Labor Relations Act, all
18		federal and State laws and rules applicable to public schools
19		that pertain to special education and the instruction of
20		English learners, and its charter. A charter school is exempt
21		from all other State laws and regulations in this Code
22		governing public schools and local school board policies;
23		however, a charter school is not exempt from the following:
24		(1) Sections 10-21.9 and 34-18.5 of this Code regarding
25		criminal history records checks and checks of the Statewide
26		Sex Offender Database and Statewide Murderer and Violent

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1		Offender Against Youth Database of applicants for
2		employment;
3		(2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and
4		34-84a of this Code regarding discipline of students;
5		(3) the Local Governmental and Governmental Employees
6		Tort Immunity Act;
7		(4) Section 108.75 of the General Not For Profit
8		Corporation Act of 1986 regarding indemnification of
9		officers, directors, employees, and agents;
10		(5) the Abused and Neglected Child Reporting Act;
11		(6) the Illinois School Student Records Act;
12		(7) Section 10-17a of this Code regarding school report
13		cards;
14		(8) the P-20 Longitudinal Education Data System Act;
15		(9) Section 27-23.7 of this Code regarding bullying
16		prevention;
17		(10) Section 2-3.162 of this Code regarding student
18		discipline reporting; and
19		(11) Section 22-80 of this Code; and .
20		(12) Section 26-18 of this Code.
21		The change made by Public Act 96-104 to this subsection (g)
22		is declaratory of existing law.
23		(h) A charter school may negotiate and contract with a
24		school district, the governing body of a State college or
25		university or public community college, or any other public or
26		for-profit or nonprofit private entity for: (i) the use of a

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

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1		costs for the operation and maintenance of school district
2		facilities that are used by the charter school shall be subject
3		to negotiation between the charter school and the local school
4		board and shall be set forth in the charter.
5		(j) A charter school may limit student enrollment by age or
6		grade level.
7		(k) If the charter school is approved by the Commission,
8		then the Commission charter school is its own local education
9		agency.
10		(Source: P.A. 98-16, eff. 5-24-13; 98-639, eff. 6-9-14; 98-669,
11		eff. 6-26-14; 98-739, eff. 7-16-14; 98-783, eff. 1-1-15;
12		98-1059, eff. 8-26-14; 98-1102, eff. 8-26-14; 99-30, eff.
13		7-10-15; 99-78, eff. 7-20-15; 99-245, eff. 8-3-15; 99-325, eff.
14		8-10-15; 99-456, eff. 9-15-16; 99-642, eff. 7-28-16.)
15		(Text of Section after amendment by P.A. 99-927)
16		Sec. 27A-5. Charter school; legal entity; requirements.
17		(a) A charter school shall be a public, nonsectarian,
18		nonreligious, non-home based, and non-profit school. A charter
19		school shall be organized and operated as a nonprofit
20		corporation or other discrete, legal, nonprofit entity
21		authorized under the laws of the State of Illinois.
22		(b) A charter school may be established under this Article
23		by creating a new school or by converting an existing public
24		school or attendance center to charter school status. Beginning
25		on April 16, 2003 (the effective date of Public Act 93-3), in

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1		all new applications to establish a charter school in a city
2		having a population exceeding 500,000, operation of the charter
3		school shall be limited to one campus. The changes made to this
4		Section by Public Act 93-3 do not apply to charter schools
5		existing or approved on or before April 16, 2003 (the effective
6		date of Public Act 93-3).
7		(b-5) In this subsection (b-5), "virtual-schooling" means
8		a cyber school where students engage in online curriculum and
9		instruction via the Internet and electronic communication with
10		their teachers at remote locations and with students
11		participating at different times.
12		From April 1, 2013 through December 31, 2016, there is a
13		moratorium on the establishment of charter schools with
14		virtual-schooling components in school districts other than a
15		school district organized under Article 34 of this Code. This
16		moratorium does not apply to a charter school with
17		virtual-schooling components existing or approved prior to
18		April 1, 2013 or to the renewal of the charter of a charter
19		school with virtual-schooling components already approved
20		prior to April 1, 2013.
21		On or before March 1, 2014, the Commission shall submit to
22		the General Assembly a report on the effect of
23		virtual-schooling, including without limitation the effect on
24		student performance, the costs associated with
25		virtual-schooling, and issues with oversight. The report shall
26		include policy recommendations for virtual-schooling.

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1		(c) A charter school shall be administered and governed by
2		its board of directors or other governing body in the manner
3		provided in its charter. The governing body of a charter school
4		shall be subject to the Freedom of Information Act and the Open
5		Meetings Act.
6		(d) For purposes of this subsection (d), "non-curricular
7		health and safety requirement" means any health and safety
8		requirement created by statute or rule to provide, maintain,
9		preserve, or safeguard safe or healthful conditions for
10		students and school personnel or to eliminate, reduce, or
11		prevent threats to the health and safety of students and school
12		personnel. "Non-curricular health and safety requirement" does
13		not include any course of study or specialized instructional
14		requirement for which the State Board has established goals and
15		learning standards or which is designed primarily to impart
16		knowledge and skills for students to master and apply as an
17		outcome of their education.
18		A charter school shall comply with all non-curricular
19		health and safety requirements applicable to public schools
20		under the laws of the State of Illinois. On or before September
21		1, 2015, the State Board shall promulgate and post on its
22		Internet website a list of non-curricular health and safety
23		requirements that a charter school must meet. The list shall be
24		updated annually no later than September 1. Any charter
25		contract between a charter school and its authorizer must
26		contain a provision that requires the charter school to follow

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1		the list of all non-curricular health and safety requirements
2		promulgated by the State Board and any non-curricular health
3		and safety requirements added by the State Board to such list
4		during the term of the charter. Nothing in this subsection (d)
5		precludes an authorizer from including non-curricular health
6		and safety requirements in a charter school contract that are
7		not contained in the list promulgated by the State Board,
8		including non-curricular health and safety requirements of the
9		authorizing local school board.
10		(e) Except as otherwise provided in the School Code, a
11		charter school shall not charge tuition; provided that a
12		charter school may charge reasonable fees for textbooks,
13		instructional materials, and student activities.
14		(f) A charter school shall be responsible for the
15		management and operation of its fiscal affairs including, but
16		not limited to, the preparation of its budget. An audit of each
17		charter school's finances shall be conducted annually by an
18		outside, independent contractor retained by the charter
19		school. To ensure financial accountability for the use of
20		public funds, on or before December 1 of every year of
21		operation, each charter school shall submit to its authorizer
22		and the State Board a copy of its audit and a copy of the Form
23		990 the charter school filed that year with the federal
24		Internal Revenue Service. In addition, if deemed necessary for
25		proper financial oversight of the charter school, an authorizer
26		may require quarterly financial statements from each charter

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

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1		(9) Section 27-23.7 of this Code regarding bullying
2		prevention;
3		(10) Section 2-3.162 of this Code regarding student
4		discipline reporting; and
5		(11) Sections 22-80 and 27-8.1 of this Code; and .
6		(12) Section 26-18 of this Code.
7		The change made by Public Act 96-104 to this subsection (g)
8		is declaratory of existing law.
9		(h) A charter school may negotiate and contract with a
10		school district, the governing body of a State college or
11		university or public community college, or any other public or
12		for-profit or nonprofit private entity for: (i) the use of a
13		school building and grounds or any other real property or
14		facilities that the charter school desires to use or convert
15		for use as a charter school site, (ii) the operation and
16		maintenance thereof, and (iii) the provision of any service,
17		activity, or undertaking that the charter school is required to
18		perform in order to carry out the terms of its charter.
19		However, a charter school that is established on or after April
20		16, 2003 (the effective date of Public Act 93-3) and that
21		operates in a city having a population exceeding 500,000 may
22		not contract with a for-profit entity to manage or operate the
23		school during the period that commences on April 16, 2003 (the
24		effective date of Public Act 93-3) and concludes at the end of
25		the 2004-2005 school year. Except as provided in subsection (i)
26		of this Section, a school district may charge a charter school

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

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1		eff. 6-1-17.)
2		Section 95. No acceleration or delay. Where this Act makes
3		changes in a statute that is represented in this Act by text
4		that is not yet or no longer in effect (for example, a Section
5		represented by multiple versions), the use of that text does
6		not accelerate or delay the taking effect of (i) the changes
7		made by this Act or (ii) provisions derived from any other
8		Public Act.