Bill Text: IL HB1357 | 2023-2024 | 103rd General Assembly | Introduced
Bill Title: Amends the School Code. Each school year, beginning with the 2023-2024 school year, requires a school board and charter school to collect data on student referrals to law enforcement and school-related arrests of students and on the reason for referring students to law enforcement and school-related arrests of students and submit that data annually to the State Board of Education. Requires the State Board to prepare a report (to be posted on the State Board's website) on student referrals to law enforcement and school-related arrests of students in all school districts and charter schools in this State for each school year, beginning with the 2023-2024 school year. Sets forth what the report must include. Provides that, before July 1 following the posting of a report, the State Board of Education shall identify those public schools and charter schools that are within the top 20% of schools with respect to the number of student referrals to law enforcement and school-related arrests of students and require each of the identified schools to submit a referral and arrest improvement plan identifying the strategies the school will implement to reduce the use of student referrals to law enforcement and school-related arrests of students. Provides for a progress report to be submitted. Effective immediately.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced) 2023-02-23 - Added Co-Sponsor Rep. Carol Ammons [HB1357 Detail]
Download: Illinois-2023-HB1357-Introduced.html
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1 | AN ACT concerning education.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The School Code is amended by adding Sections | ||||||||||||||||||||||||||||||
5 | 2-3.162a, 10-27.1C, and 34-8.07 and by changing Section 27A-5 | ||||||||||||||||||||||||||||||
6 | as follows:
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7 | (105 ILCS 5/2-3.162a new) | ||||||||||||||||||||||||||||||
8 | Sec. 2-3.162a. Law enforcement referral and arrest report. | ||||||||||||||||||||||||||||||
9 | (a) The State Board of Education shall prepare a report on | ||||||||||||||||||||||||||||||
10 | student referrals to law enforcement and school-related | ||||||||||||||||||||||||||||||
11 | arrests of students in all school districts and charter | ||||||||||||||||||||||||||||||
12 | schools in this State for each school year, beginning with the | ||||||||||||||||||||||||||||||
13 | 2023-2024 school year. The report shall include data on | ||||||||||||||||||||||||||||||
14 | referrals to law enforcement and school-related arrests | ||||||||||||||||||||||||||||||
15 | required to be submitted by all school districts and charter | ||||||||||||||||||||||||||||||
16 | schools under Sections 10-27.1C, 27A-5, and 34-8.07 of this | ||||||||||||||||||||||||||||||
17 | Code. The report shall include the number of school days and | ||||||||||||||||||||||||||||||
18 | semesters missed by students in each school district and | ||||||||||||||||||||||||||||||
19 | charter school as a result of student referrals to law | ||||||||||||||||||||||||||||||
20 | enforcement and school-related arrests of students. | ||||||||||||||||||||||||||||||
21 | The State Board of Education shall post the report on the | ||||||||||||||||||||||||||||||
22 | State Board's website. | ||||||||||||||||||||||||||||||
23 | (b) Before July 1 following the posting of a report under |
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1 | subsection (a), the State Board of Education shall identify | ||||||
2 | those public schools and charter schools that are within the | ||||||
3 | top 20% of schools with respect to the number of student | ||||||
4 | referrals to law enforcement and school-related arrests of | ||||||
5 | students and require each of the identified schools to submit | ||||||
6 | a referral and arrest improvement plan identifying the | ||||||
7 | strategies the school will implement to reduce the use of | ||||||
8 | student referrals to law enforcement and school-related | ||||||
9 | arrests of students. | ||||||
10 | The referral and arrest improvement plan must be followed | ||||||
11 | by a progress report describing the outcome of the plan that | ||||||
12 | the school must submit to the State Board after the last day of | ||||||
13 | the school year following submission of the plan.
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14 | (105 ILCS 5/10-27.1C new) | ||||||
15 | Sec. 10-27.1C. Law enforcement referral and arrest data. | ||||||
16 | (a) Each school year, beginning with the 2023-2024 school | ||||||
17 | year, a school board must collect data on student referrals to | ||||||
18 | law enforcement and school-related arrests of students. The | ||||||
19 | school board must also collect data on the reason for | ||||||
20 | referring students to law enforcement and school-related | ||||||
21 | arrests of students. | ||||||
22 | (b) A school board must submit the data collected under | ||||||
23 | subsection (a) to the State Board of Education annually, by a | ||||||
24 | date to be determined by the State Board.
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1 | (105 ILCS 5/27A-5)
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2 | (Text of Section before amendment by P.A. 102-466 and | ||||||
3 | 102-702 ) | ||||||
4 | Sec. 27A-5. Charter school; legal entity; requirements.
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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.
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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.
| ||||||
13 | Beginning on April 16, 2003 (the effective date of Public Act | ||||||
14 | 93-3), in all new
applications to establish
a charter
school | ||||||
15 | in a city having a population exceeding 500,000, operation of | ||||||
16 | the
charter
school shall be limited to one campus. The changes | ||||||
17 | made to this Section by Public Act 93-3 do not apply to charter | ||||||
18 | schools existing or approved on or before April 16, 2003 (the
| ||||||
19 | effective 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 | ||||||
26 | moratorium on the establishment of charter schools with |
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1 | virtual-schooling components in school districts other than a | ||||||
2 | school district organized under Article 34 of this Code. This | ||||||
3 | moratorium does not apply to a charter school with | ||||||
4 | virtual-schooling components existing or approved prior to | ||||||
5 | April 1, 2013 or to the renewal of the charter of a charter | ||||||
6 | school with virtual-schooling components already approved | ||||||
7 | prior to April 1, 2013.
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8 | (c) A charter school shall be administered and governed by | ||||||
9 | its board of
directors or other governing body
in the manner | ||||||
10 | provided in its charter. The governing body of a charter | ||||||
11 | school
shall be subject to the Freedom of Information Act and | ||||||
12 | the Open Meetings Act. No later than January 1, 2021 (one year | ||||||
13 | after the effective date of Public Act 101-291), a charter | ||||||
14 | school's board of directors or other governing body must | ||||||
15 | include at least one parent or guardian of a pupil currently | ||||||
16 | enrolled in the charter school who may be selected through the | ||||||
17 | charter school or a charter network election, appointment by | ||||||
18 | the charter school's board of directors or other governing | ||||||
19 | body, or by the charter school's Parent Teacher Organization | ||||||
20 | or its equivalent. | ||||||
21 | (c-5) No later than January 1, 2021 (one year after the | ||||||
22 | effective date of Public Act 101-291) or within the first year | ||||||
23 | of his or her first term, every voting member of a charter | ||||||
24 | school's board of directors or other governing body shall | ||||||
25 | complete a minimum of 4 hours of professional development | ||||||
26 | leadership training to ensure that each member has sufficient |
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1 | familiarity with the board's or governing body's role and | ||||||
2 | responsibilities, including financial oversight and | ||||||
3 | accountability of the school, evaluating the principal's and | ||||||
4 | school's performance, adherence to the Freedom of Information | ||||||
5 | Act and the Open Meetings Act, and compliance with education | ||||||
6 | and labor law. In each subsequent year of his or her term, a | ||||||
7 | voting member of a charter school's board of directors or | ||||||
8 | other governing body shall complete a minimum of 2 hours of | ||||||
9 | professional development training in these same areas. The | ||||||
10 | training under this subsection may be provided or certified by | ||||||
11 | a statewide charter school membership association or may be | ||||||
12 | provided or certified by other qualified providers approved by | ||||||
13 | the State Board of Education.
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14 | (d) For purposes of this subsection (d), "non-curricular | ||||||
15 | health and safety requirement" means any health and safety | ||||||
16 | requirement created by statute or rule to provide, maintain, | ||||||
17 | preserve, or safeguard safe or healthful conditions for | ||||||
18 | students and school personnel or to eliminate, reduce, or | ||||||
19 | prevent threats to the health and safety of students and | ||||||
20 | school personnel. "Non-curricular health and safety | ||||||
21 | requirement" does not include any course of study or | ||||||
22 | specialized instructional requirement for which the State | ||||||
23 | Board has established goals and learning standards or which is | ||||||
24 | designed primarily to impart knowledge and skills for students | ||||||
25 | to master and apply as an outcome of their education. | ||||||
26 | A charter school shall comply with all non-curricular |
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1 | health and safety
requirements applicable to public schools | ||||||
2 | under the laws of the State of
Illinois. On or before September | ||||||
3 | 1, 2015, the State Board shall promulgate and post on its | ||||||
4 | Internet website a list of non-curricular health and safety | ||||||
5 | requirements that a charter school must meet. The list shall | ||||||
6 | be updated annually no later than September 1. Any charter | ||||||
7 | contract between a charter school and its authorizer must | ||||||
8 | contain a provision that requires the charter school to follow | ||||||
9 | the list of all non-curricular health and safety requirements | ||||||
10 | promulgated by the State Board and any non-curricular health | ||||||
11 | and safety requirements added by the State Board to such list | ||||||
12 | during the term of the charter. Nothing in this subsection (d) | ||||||
13 | precludes an authorizer from including non-curricular health | ||||||
14 | and safety requirements in a charter school contract that are | ||||||
15 | not contained in the list promulgated by the State Board, | ||||||
16 | including non-curricular health and safety requirements of the | ||||||
17 | authorizing local school board.
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18 | (e) Except as otherwise provided in the School Code, a | ||||||
19 | charter school shall
not charge tuition; provided that a | ||||||
20 | charter school may charge reasonable fees
for textbooks, | ||||||
21 | instructional materials, and student activities.
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22 | (f) A charter school shall be responsible for the | ||||||
23 | management and operation
of its fiscal affairs, including,
but | ||||||
24 | not limited to, the preparation of its budget. An audit of each | ||||||
25 | charter
school's finances shall be conducted annually by an | ||||||
26 | outside, independent
contractor retained by the charter |
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1 | school. The contractor shall not be an employee of the charter | ||||||
2 | school or affiliated with the charter school or its authorizer | ||||||
3 | in any way, other than to audit the charter school's finances. | ||||||
4 | To ensure financial accountability for the use of public | ||||||
5 | funds, on or before December 1 of every year of operation, each | ||||||
6 | charter school shall submit to its authorizer and the State | ||||||
7 | Board a copy of its audit and a copy of the Form 990 the | ||||||
8 | charter school filed that year with the federal Internal | ||||||
9 | Revenue Service. In addition, if deemed necessary for proper | ||||||
10 | financial oversight of the charter school, an authorizer may | ||||||
11 | require quarterly financial statements from each charter | ||||||
12 | school.
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13 | (g) A charter school shall comply with all provisions of | ||||||
14 | this Article, the Illinois Educational Labor Relations Act, | ||||||
15 | all federal and State laws and rules applicable to public | ||||||
16 | schools that pertain to special education and the instruction | ||||||
17 | of English learners, and
its charter. A charter
school is | ||||||
18 | exempt from all other State laws and regulations in this Code
| ||||||
19 | governing public
schools and local school board policies; | ||||||
20 | however, a charter school is not exempt from the following:
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21 | (1) Sections 10-21.9 and 34-18.5 of this Code | ||||||
22 | regarding criminal
history records checks and checks of | ||||||
23 | the Statewide Sex Offender Database and Statewide Murderer | ||||||
24 | and Violent Offender Against Youth Database of applicants | ||||||
25 | for employment;
| ||||||
26 | (2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and |
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1 | 34-84a of this Code regarding discipline of
students;
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2 | (3) the Local Governmental and Governmental Employees | ||||||
3 | Tort Immunity Act;
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4 | (4) Section 108.75 of the General Not For Profit | ||||||
5 | Corporation Act of 1986
regarding indemnification of | ||||||
6 | officers, directors, employees, and agents;
| ||||||
7 | (5) the Abused and Neglected Child Reporting Act;
| ||||||
8 | (5.5) subsection (b) of Section 10-23.12 and | ||||||
9 | subsection (b) of Section 34-18.6 of this Code; | ||||||
10 | (6) the Illinois School Student Records Act;
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11 | (7) Section 10-17a of this Code regarding school | ||||||
12 | report cards;
| ||||||
13 | (8) the P-20 Longitudinal Education Data System Act; | ||||||
14 | (9) Section 27-23.7 of this Code regarding bullying | ||||||
15 | prevention; | ||||||
16 | (10) Section 2-3.162 of this Code regarding student | ||||||
17 | discipline reporting; | ||||||
18 | (11) Sections 22-80 and 27-8.1 of this Code; | ||||||
19 | (12) Sections 10-20.60 and 34-18.53 of this Code; | ||||||
20 | (13) Sections 10-20.63 and 34-18.56 of this Code; | ||||||
21 | (14) Sections 22-90 and 26-18 of this Code; | ||||||
22 | (15) Section 22-30 of this Code; | ||||||
23 | (16) Sections 24-12 and 34-85 of this Code; | ||||||
24 | (17) the Seizure Smart School Act; | ||||||
25 | (18) Section 2-3.64a-10 of this Code; | ||||||
26 | (19) Sections 10-20.73 and 34-21.9 of this Code; |
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1 | (20) Section 10-22.25b of this Code; | ||||||
2 | (21) Section 27-9.1a of this Code; | ||||||
3 | (22) Section 27-9.1b of this Code; | ||||||
4 | (23) Section 34-18.8 of this Code; | ||||||
5 | (25) Section 2-3.188 of this Code; | ||||||
6 | (26) Section 22-85.5 of this Code; | ||||||
7 | (27) subsections Subsections (d-10), (d-15), and | ||||||
8 | (d-20) of Section 10-20.56 of this Code; and | ||||||
9 | (28) Sections 10-20.83 and 34-18.78 of this Code ; . | ||||||
10 | (29) (27) Section 10-20.13 of this Code; | ||||||
11 | (30) (28) Section 28-19.2 of this Code; and | ||||||
12 | (31) (29) Section 34-21.6 of this Code ; and . | ||||||
13 | (33) Sections 2-3.162a, 10-27.1C, and 34-8.07 of this | ||||||
14 | Code. | ||||||
15 | The change made by Public Act 96-104 to this subsection | ||||||
16 | (g) is declaratory of existing law. | ||||||
17 | (h) A charter school may negotiate and contract with a | ||||||
18 | school district, the
governing body of a State college or | ||||||
19 | university or public community college, or
any other public or | ||||||
20 | for-profit or nonprofit private entity for: (i) the use
of a | ||||||
21 | school building and grounds or any other real property or | ||||||
22 | facilities that
the charter school desires to use or convert | ||||||
23 | for use as a charter school site,
(ii) the operation and | ||||||
24 | maintenance thereof, and
(iii) the provision of any service, | ||||||
25 | activity, or undertaking that the charter
school is required | ||||||
26 | to perform in order to carry out the terms of its charter.
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1 | However, a charter school
that is established on
or
after | ||||||
2 | April 16, 2003 (the effective date of Public Act 93-3) and that | ||||||
3 | operates
in a city having a population exceeding
500,000 may | ||||||
4 | not contract with a for-profit entity to
manage or operate the | ||||||
5 | school during the period that commences on April 16, 2003 (the
| ||||||
6 | effective date of Public Act 93-3) and
concludes at the end of | ||||||
7 | the 2004-2005 school year.
Except as provided in subsection | ||||||
8 | (i) of this Section, a school district may
charge a charter | ||||||
9 | school reasonable rent for the use of the district's
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10 | buildings, grounds, and facilities. Any services for which a | ||||||
11 | charter school
contracts
with a school district shall be | ||||||
12 | provided by the district at cost. Any services
for which a | ||||||
13 | charter school contracts with a local school board or with the
| ||||||
14 | governing body of a State college or university or public | ||||||
15 | community college
shall be provided by the public entity at | ||||||
16 | cost.
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17 | (i) In no event shall a charter school that is established | ||||||
18 | by converting an
existing school or attendance center to | ||||||
19 | charter school status be required to
pay rent for space
that is | ||||||
20 | deemed available, as negotiated and provided in the charter | ||||||
21 | agreement,
in school district
facilities. However, all other | ||||||
22 | costs for the operation and maintenance of
school district | ||||||
23 | facilities that are used by the charter school shall be | ||||||
24 | subject
to negotiation between
the charter school and the | ||||||
25 | local school board and shall be set forth in the
charter.
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26 | (j) A charter school may limit student enrollment by age |
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1 | or grade level.
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2 | (k) If the charter school is approved by the State Board or | ||||||
3 | Commission, then the charter school is its own local education | ||||||
4 | agency. | ||||||
5 | (Source: P.A. 101-50, eff. 7-1-20; 101-81, eff. 7-12-19; | ||||||
6 | 101-291, eff. 1-1-20; 101-531, eff. 8-23-19; 101-543, eff. | ||||||
7 | 8-23-19; 101-654, eff. 3-8-21; 102-51, eff. 7-9-21; 102-157, | ||||||
8 | eff. 7-1-22; 102-360, eff. 1-1-22; 102-445, eff. 8-20-21; | ||||||
9 | 102-522, eff. 8-20-21; 102-558, eff. 8-20-21; 102-676, eff. | ||||||
10 | 12-3-21; 102-697, eff. 4-5-22; 102-805, eff. 1-1-23; 102-813, | ||||||
11 | eff. 5-13-22; revised 12-13-22.)
| ||||||
12 | (Text of Section after amendment by P.A. 102-702 but | ||||||
13 | before amendment by P.A. 102-466 ) | ||||||
14 | Sec. 27A-5. Charter school; legal entity; requirements.
| ||||||
15 | (a) A charter school shall be a public, nonsectarian, | ||||||
16 | nonreligious, non-home
based, and non-profit school. A charter | ||||||
17 | school shall be organized and operated
as a nonprofit | ||||||
18 | corporation or other discrete, legal, nonprofit entity
| ||||||
19 | authorized under the laws of the State of Illinois.
| ||||||
20 | (b) A charter school may be established under this Article | ||||||
21 | by creating a new
school or by converting an existing public | ||||||
22 | school or attendance center to
charter
school status.
| ||||||
23 | Beginning on April 16, 2003 (the effective date of Public Act | ||||||
24 | 93-3), in all new
applications to establish
a charter
school | ||||||
25 | in a city having a population exceeding 500,000, operation of |
| |||||||
| |||||||
1 | the
charter
school shall be limited to one campus. The changes | ||||||
2 | made to this Section by Public Act 93-3 do not apply to charter | ||||||
3 | schools existing or approved on or before April 16, 2003 (the
| ||||||
4 | effective date of Public Act 93-3). | ||||||
5 | (b-5) In this subsection (b-5), "virtual-schooling" means | ||||||
6 | a cyber school where students engage in online curriculum and | ||||||
7 | instruction via the Internet and electronic communication with | ||||||
8 | their teachers at remote locations and with students | ||||||
9 | participating at different times. | ||||||
10 | From April 1, 2013 through December 31, 2016, there is a | ||||||
11 | moratorium on the establishment of charter schools with | ||||||
12 | virtual-schooling components in school districts other than a | ||||||
13 | school district organized under Article 34 of this Code. This | ||||||
14 | moratorium does not apply to a charter school with | ||||||
15 | virtual-schooling components existing or approved prior to | ||||||
16 | April 1, 2013 or to the renewal of the charter of a charter | ||||||
17 | school with virtual-schooling components already approved | ||||||
18 | prior to April 1, 2013.
| ||||||
19 | (c) A charter school shall be administered and governed by | ||||||
20 | its board of
directors or other governing body
in the manner | ||||||
21 | provided in its charter. The governing body of a charter | ||||||
22 | school
shall be subject to the Freedom of Information Act and | ||||||
23 | the Open Meetings Act. No later than January 1, 2021 (one year | ||||||
24 | after the effective date of Public Act 101-291), a charter | ||||||
25 | school's board of directors or other governing body must | ||||||
26 | include at least one parent or guardian of a pupil currently |
| |||||||
| |||||||
1 | enrolled in the charter school who may be selected through the | ||||||
2 | charter school or a charter network election, appointment by | ||||||
3 | the charter school's board of directors or other governing | ||||||
4 | body, or by the charter school's Parent Teacher Organization | ||||||
5 | or its equivalent. | ||||||
6 | (c-5) No later than January 1, 2021 (one year after the | ||||||
7 | effective date of Public Act 101-291) or within the first year | ||||||
8 | of his or her first term, every voting member of a charter | ||||||
9 | school's board of directors or other governing body shall | ||||||
10 | complete a minimum of 4 hours of professional development | ||||||
11 | leadership training to ensure that each member has sufficient | ||||||
12 | familiarity with the board's or governing body's role and | ||||||
13 | responsibilities, including financial oversight and | ||||||
14 | accountability of the school, evaluating the principal's and | ||||||
15 | school's performance, adherence to the Freedom of Information | ||||||
16 | Act and the Open Meetings Act, and compliance with education | ||||||
17 | and labor law. In each subsequent year of his or her term, a | ||||||
18 | voting member of a charter school's board of directors or | ||||||
19 | other governing body shall complete a minimum of 2 hours of | ||||||
20 | professional development training in these same areas. The | ||||||
21 | training under this subsection may be provided or certified by | ||||||
22 | a statewide charter school membership association or may be | ||||||
23 | provided or certified by other qualified providers approved by | ||||||
24 | the State Board of Education.
| ||||||
25 | (d) For purposes of this subsection (d), "non-curricular | ||||||
26 | health and safety requirement" means any health and safety |
| |||||||
| |||||||
1 | requirement created by statute or rule to provide, maintain, | ||||||
2 | preserve, or safeguard safe or healthful conditions for | ||||||
3 | students and school personnel or to eliminate, reduce, or | ||||||
4 | prevent threats to the health and safety of students and | ||||||
5 | school personnel. "Non-curricular health and safety | ||||||
6 | requirement" does not include any course of study or | ||||||
7 | specialized instructional requirement for which the State | ||||||
8 | Board has established goals and learning standards or which is | ||||||
9 | designed primarily to impart knowledge and skills for students | ||||||
10 | to master and apply as an outcome of their education. | ||||||
11 | A charter school shall comply with all non-curricular | ||||||
12 | health and safety
requirements applicable to public schools | ||||||
13 | under the laws of the State of
Illinois. On or before September | ||||||
14 | 1, 2015, the State Board shall promulgate and post on its | ||||||
15 | Internet website a list of non-curricular health and safety | ||||||
16 | requirements that a charter school must meet. The list shall | ||||||
17 | be updated annually no later than September 1. Any charter | ||||||
18 | contract between a charter school and its authorizer must | ||||||
19 | contain a provision that requires the charter school to follow | ||||||
20 | the list of all non-curricular health and safety requirements | ||||||
21 | promulgated by the State Board and any non-curricular health | ||||||
22 | and safety requirements added by the State Board to such list | ||||||
23 | during the term of the charter. Nothing in this subsection (d) | ||||||
24 | precludes an authorizer from including non-curricular health | ||||||
25 | and safety requirements in a charter school contract that are | ||||||
26 | not contained in the list promulgated by the State Board, |
| |||||||
| |||||||
1 | including non-curricular health and safety requirements of the | ||||||
2 | authorizing local school board.
| ||||||
3 | (e) Except as otherwise provided in the School Code, a | ||||||
4 | charter school shall
not charge tuition; provided that a | ||||||
5 | charter school may charge reasonable fees
for textbooks, | ||||||
6 | instructional materials, and student activities.
| ||||||
7 | (f) A charter school shall be responsible for the | ||||||
8 | management and operation
of its fiscal affairs, including,
but | ||||||
9 | not limited to, the preparation of its budget. An audit of each | ||||||
10 | charter
school's finances shall be conducted annually by an | ||||||
11 | outside, independent
contractor retained by the charter | ||||||
12 | school. The contractor shall not be an employee of the charter | ||||||
13 | school or affiliated with the charter school or its authorizer | ||||||
14 | in any way, other than to audit the charter school's finances. | ||||||
15 | To ensure financial accountability for the use of public | ||||||
16 | funds, on or before December 1 of every year of operation, each | ||||||
17 | charter school shall submit to its authorizer and the State | ||||||
18 | Board a copy of its audit and a copy of the Form 990 the | ||||||
19 | charter school filed that year with the federal Internal | ||||||
20 | Revenue Service. In addition, if deemed necessary for proper | ||||||
21 | financial oversight of the charter school, an authorizer may | ||||||
22 | require quarterly financial statements from each charter | ||||||
23 | 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 |
| |||||||
| |||||||
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; |
| |||||||
| |||||||
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) Sections 22-90 and 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; | ||||||
10 | (18) Section 2-3.64a-10 of this Code; | ||||||
11 | (19) Sections 10-20.73 and 34-21.9 of this Code; | ||||||
12 | (20) Section 10-22.25b of this Code; | ||||||
13 | (21) Section 27-9.1a of this Code; | ||||||
14 | (22) Section 27-9.1b of this Code; | ||||||
15 | (23) Section 34-18.8 of this Code; and | ||||||
16 | (25) Section 2-3.188 of this Code; | ||||||
17 | (26) Section 22-85.5 of this Code; | ||||||
18 | (27) subsections Subsections (d-10), (d-15), and | ||||||
19 | (d-20) of Section 10-20.56 of this Code; and | ||||||
20 | (28) Sections 10-20.83 and 34-18.78 of this Code ; . | ||||||
21 | (29) (27) Section 10-20.13 of this Code; | ||||||
22 | (30) (28) Section 28-19.2 of this Code; and | ||||||
23 | (31) (29) Section 34-21.6 of this Code ; . | ||||||
24 | (32) (25) Section 22-85.10 of this Code ; and . | ||||||
25 | (33) Sections 2-3.162a, 10-27.1C, and 34-8.07 of this | ||||||
26 | Code. |
| |||||||
| |||||||
1 | The change made by Public Act 96-104 to this subsection | ||||||
2 | (g) is declaratory of existing law. | ||||||
3 | (h) A charter school may negotiate and contract with a | ||||||
4 | school district, the
governing body of a State college or | ||||||
5 | university or public community college, or
any other public or | ||||||
6 | for-profit or nonprofit private entity for: (i) the use
of a | ||||||
7 | school building and grounds or any other real property or | ||||||
8 | facilities that
the charter school desires to use or convert | ||||||
9 | for use as a charter school site,
(ii) the operation and | ||||||
10 | maintenance thereof, and
(iii) the provision of any service, | ||||||
11 | activity, or undertaking that the charter
school is required | ||||||
12 | to perform in order to carry out the terms of its charter.
| ||||||
13 | However, a charter school
that is established on
or
after | ||||||
14 | April 16, 2003 (the effective date of Public Act 93-3) and that | ||||||
15 | operates
in a city having a population exceeding
500,000 may | ||||||
16 | not contract with a for-profit entity to
manage or operate the | ||||||
17 | school during the period that commences on April 16, 2003 (the
| ||||||
18 | effective date of Public Act 93-3) and
concludes at the end of | ||||||
19 | the 2004-2005 school year.
Except as provided in subsection | ||||||
20 | (i) of this Section, a school district may
charge a charter | ||||||
21 | school reasonable rent for the use of the district's
| ||||||
22 | buildings, grounds, and facilities. Any services for which a | ||||||
23 | charter school
contracts
with a school district shall be | ||||||
24 | provided by the district at cost. Any services
for which a | ||||||
25 | charter school contracts with a local school board or with the
| ||||||
26 | governing body of a State college or university or public |
| |||||||
| |||||||
1 | community college
shall be provided by the public entity at | ||||||
2 | cost.
| ||||||
3 | (i) In no event shall a charter school that is established | ||||||
4 | by converting an
existing school or attendance center to | ||||||
5 | charter school status be required to
pay rent for space
that is | ||||||
6 | deemed available, as negotiated and provided in the charter | ||||||
7 | agreement,
in school district
facilities. However, all other | ||||||
8 | costs for the operation and maintenance of
school district | ||||||
9 | facilities that are used by the charter school shall be | ||||||
10 | subject
to negotiation between
the charter school and the | ||||||
11 | local school board and shall be set forth in the
charter.
| ||||||
12 | (j) A charter school may limit student enrollment by age | ||||||
13 | or grade level.
| ||||||
14 | (k) If the charter school is approved by the State Board or | ||||||
15 | Commission, then the charter school is its own local education | ||||||
16 | agency. | ||||||
17 | (Source: P.A. 101-50, eff. 7-1-20; 101-81, eff. 7-12-19; | ||||||
18 | 101-291, eff. 1-1-20; 101-531, eff. 8-23-19; 101-543, eff. | ||||||
19 | 8-23-19; 101-654, eff. 3-8-21; 102-51, eff. 7-9-21; 102-157, | ||||||
20 | eff. 7-1-22; 102-360, eff. 1-1-22; 102-445, eff. 8-20-21; | ||||||
21 | 102-522, eff. 8-20-21; 102-558, eff. 8-20-21; 102-676, eff. | ||||||
22 | 12-3-21; 102-697, eff. 4-5-22; 102-702, eff. 7-1-23; 102-805, | ||||||
23 | eff. 1-1-23; 102-813, eff. 5-13-22; revised 12-13-22.)
| ||||||
24 | (Text of Section after amendment by P.A. 102-466 ) | ||||||
25 | Sec. 27A-5. Charter school; legal entity; requirements.
|
| |||||||
| |||||||
1 | (a) A charter school shall be a public, nonsectarian, | ||||||
2 | nonreligious, non-home
based, and non-profit school. A charter | ||||||
3 | school shall be organized and operated
as a nonprofit | ||||||
4 | corporation or other discrete, legal, nonprofit entity
| ||||||
5 | authorized under the laws of the State of Illinois.
| ||||||
6 | (b) A charter school may be established under this Article | ||||||
7 | by creating a new
school or by converting an existing public | ||||||
8 | school or attendance center to
charter
school status.
| ||||||
9 | Beginning on April 16, 2003 (the effective date of Public Act | ||||||
10 | 93-3), in all new
applications to establish
a charter
school | ||||||
11 | in a city having a population exceeding 500,000, operation of | ||||||
12 | the
charter
school shall be limited to one campus. The changes | ||||||
13 | made to this Section by Public Act 93-3 do not apply to charter | ||||||
14 | schools existing or approved on or before April 16, 2003 (the
| ||||||
15 | effective date of Public Act 93-3). | ||||||
16 | (b-5) In this subsection (b-5), "virtual-schooling" means | ||||||
17 | a cyber school where students engage in online curriculum and | ||||||
18 | instruction via the Internet and electronic communication with | ||||||
19 | their teachers at remote locations and with students | ||||||
20 | participating at different times. | ||||||
21 | From April 1, 2013 through December 31, 2016, there is a | ||||||
22 | moratorium on the establishment of charter schools with | ||||||
23 | virtual-schooling components in school districts other than a | ||||||
24 | school district organized under Article 34 of this Code. This | ||||||
25 | moratorium does not apply to a charter school with | ||||||
26 | virtual-schooling components existing or approved prior to |
| |||||||
| |||||||
1 | April 1, 2013 or to the renewal of the charter of a charter | ||||||
2 | school with virtual-schooling components already approved | ||||||
3 | prior to April 1, 2013.
| ||||||
4 | (c) A charter school shall be administered and governed by | ||||||
5 | its board of
directors or other governing body
in the manner | ||||||
6 | provided in its charter. The governing body of a charter | ||||||
7 | school
shall be subject to the Freedom of Information Act and | ||||||
8 | the Open Meetings Act. No later than January 1, 2021 (one year | ||||||
9 | after the effective date of Public Act 101-291), a charter | ||||||
10 | school's board of directors or other governing body must | ||||||
11 | include at least one parent or guardian of a pupil currently | ||||||
12 | enrolled in the charter school who may be selected through the | ||||||
13 | charter school or a charter network election, appointment by | ||||||
14 | the charter school's board of directors or other governing | ||||||
15 | body, or by the charter school's Parent Teacher Organization | ||||||
16 | or its equivalent. | ||||||
17 | (c-5) No later than January 1, 2021 (one year after the | ||||||
18 | effective date of Public Act 101-291) or within the first year | ||||||
19 | of his or her first term, every voting member of a charter | ||||||
20 | school's board of directors or other governing body shall | ||||||
21 | complete a minimum of 4 hours of professional development | ||||||
22 | leadership training to ensure that each member has sufficient | ||||||
23 | familiarity with the board's or governing body's role and | ||||||
24 | responsibilities, including financial oversight and | ||||||
25 | accountability of the school, evaluating the principal's and | ||||||
26 | school's performance, adherence to the Freedom of Information |
| |||||||
| |||||||
1 | Act and the Open Meetings Act, and compliance with education | ||||||
2 | and labor law. In each subsequent year of his or her term, a | ||||||
3 | voting member of a charter school's board of directors or | ||||||
4 | other governing body shall complete a minimum of 2 hours of | ||||||
5 | professional development training in these same areas. The | ||||||
6 | training under this subsection may be provided or certified by | ||||||
7 | a statewide charter school membership association or may be | ||||||
8 | provided or certified by other qualified providers approved by | ||||||
9 | the State Board of Education.
| ||||||
10 | (d) For purposes of this subsection (d), "non-curricular | ||||||
11 | health and safety requirement" means any health and safety | ||||||
12 | requirement created by statute or rule to provide, maintain, | ||||||
13 | preserve, or safeguard safe or healthful conditions for | ||||||
14 | students and school personnel or to eliminate, reduce, or | ||||||
15 | prevent threats to the health and safety of students and | ||||||
16 | school personnel. "Non-curricular health and safety | ||||||
17 | requirement" does not include any course of study or | ||||||
18 | specialized instructional requirement for which the State | ||||||
19 | Board has established goals and learning standards or which is | ||||||
20 | designed primarily to impart knowledge and skills for students | ||||||
21 | to master and apply as an outcome of their education. | ||||||
22 | A charter school shall comply with all non-curricular | ||||||
23 | health and safety
requirements applicable to public schools | ||||||
24 | under the laws of the State of
Illinois. On or before September | ||||||
25 | 1, 2015, the State Board shall promulgate and post on its | ||||||
26 | Internet website a list of non-curricular health and safety |
| |||||||
| |||||||
1 | requirements that a charter school must meet. The list shall | ||||||
2 | be updated annually no later than September 1. Any charter | ||||||
3 | contract between a charter school and its authorizer must | ||||||
4 | contain a provision that requires the charter school to follow | ||||||
5 | the list of all non-curricular health and safety requirements | ||||||
6 | promulgated by the State Board and any non-curricular health | ||||||
7 | and safety requirements added by the State Board to such list | ||||||
8 | during the term of the charter. Nothing in this subsection (d) | ||||||
9 | precludes an authorizer from including non-curricular health | ||||||
10 | and safety requirements in a charter school contract that are | ||||||
11 | not contained in the list promulgated by the State Board, | ||||||
12 | including non-curricular health and safety requirements of the | ||||||
13 | authorizing local school board.
| ||||||
14 | (e) Except as otherwise provided in the School Code, a | ||||||
15 | charter school shall
not charge tuition; provided that a | ||||||
16 | charter school may charge reasonable fees
for textbooks, | ||||||
17 | instructional materials, and student activities.
| ||||||
18 | (f) A charter school shall be responsible for the | ||||||
19 | management and operation
of its fiscal affairs, including,
but | ||||||
20 | not limited to, the preparation of its budget. An audit of each | ||||||
21 | charter
school's finances shall be conducted annually by an | ||||||
22 | outside, independent
contractor retained by the charter | ||||||
23 | school. The contractor shall not be an employee of the charter | ||||||
24 | school or affiliated with the charter school or its authorizer | ||||||
25 | in any way, other than to audit the charter school's finances. | ||||||
26 | To ensure financial accountability for the use of public |
| |||||||
| |||||||
1 | funds, on or before December 1 of every year of operation, each | ||||||
2 | charter school shall submit to its authorizer and the State | ||||||
3 | Board a copy of its audit and a copy of the Form 990 the | ||||||
4 | charter school filed that year with the federal Internal | ||||||
5 | Revenue Service. In addition, if deemed necessary for proper | ||||||
6 | financial oversight of the charter school, an authorizer may | ||||||
7 | require quarterly financial statements from each charter | ||||||
8 | school.
| ||||||
9 | (g) A charter school shall comply with all provisions of | ||||||
10 | this Article, the Illinois Educational Labor Relations Act, | ||||||
11 | all federal and State laws and rules applicable to public | ||||||
12 | schools that pertain to special education and the instruction | ||||||
13 | of English learners, and
its charter. A charter
school is | ||||||
14 | exempt from all other State laws and regulations in this Code
| ||||||
15 | governing public
schools and local school board policies; | ||||||
16 | however, a charter school is not exempt from the following:
| ||||||
17 | (1) Sections 10-21.9 and 34-18.5 of this Code | ||||||
18 | regarding criminal
history records checks and checks of | ||||||
19 | the Statewide Sex Offender Database and Statewide Murderer | ||||||
20 | and Violent Offender Against Youth Database of applicants | ||||||
21 | for employment;
| ||||||
22 | (2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and | ||||||
23 | 34-84a of this Code regarding discipline of
students;
| ||||||
24 | (3) the Local Governmental and Governmental Employees | ||||||
25 | Tort Immunity Act;
| ||||||
26 | (4) Section 108.75 of the General Not For Profit |
| |||||||
| |||||||
1 | Corporation Act of 1986
regarding indemnification of | ||||||
2 | officers, directors, employees, and agents;
| ||||||
3 | (5) the Abused and Neglected Child Reporting Act;
| ||||||
4 | (5.5) subsection (b) of Section 10-23.12 and | ||||||
5 | subsection (b) of Section 34-18.6 of this Code; | ||||||
6 | (6) the Illinois School Student Records Act;
| ||||||
7 | (7) Section 10-17a of this Code regarding school | ||||||
8 | report cards;
| ||||||
9 | (8) the P-20 Longitudinal Education Data System Act; | ||||||
10 | (9) Section 27-23.7 of this Code regarding bullying | ||||||
11 | prevention; | ||||||
12 | (10) Section 2-3.162 of this Code regarding student | ||||||
13 | discipline reporting; | ||||||
14 | (11) Sections 22-80 and 27-8.1 of this Code; | ||||||
15 | (12) Sections 10-20.60 and 34-18.53 of this Code; | ||||||
16 | (13) Sections 10-20.63 and 34-18.56 of this Code; | ||||||
17 | (14) Sections 22-90 and 26-18 of this Code; | ||||||
18 | (15) Section 22-30 of this Code; | ||||||
19 | (16) Sections 24-12 and 34-85 of this Code; | ||||||
20 | (17) the Seizure Smart School Act; | ||||||
21 | (18) Section 2-3.64a-10 of this Code; | ||||||
22 | (19) Sections 10-20.73 and 34-21.9 of this Code; | ||||||
23 | (20) Section 10-22.25b of this Code; | ||||||
24 | (21) Section 27-9.1a of this Code; | ||||||
25 | (22) Section 27-9.1b of this Code; | ||||||
26 | (23) Section 34-18.8 of this Code; |
| |||||||
| |||||||
1 | (24) Article 26A of this Code; and | ||||||
2 | (25) Section 2-3.188 of this Code; | ||||||
3 | (26) Section 22-85.5 of this Code; | ||||||
4 | (27) subsections Subsections (d-10), (d-15), and | ||||||
5 | (d-20) of Section 10-20.56 of this Code; and | ||||||
6 | (28) Sections 10-20.83 and 34-18.78 of this Code ; . | ||||||
7 | (29) (27) Section 10-20.13 of this Code; | ||||||
8 | (30) (28) Section 28-19.2 of this Code; and | ||||||
9 | (31) (29) Section 34-21.6 of this Code ; . | ||||||
10 | (32) (25) Section 22-85.10 of this Code ; and . | ||||||
11 | (33) Sections 2-3.162a, 10-27.1C, and 34-8.07 of this | ||||||
12 | Code. | ||||||
13 | The change made by Public Act 96-104 to this subsection | ||||||
14 | (g) is declaratory of existing law. | ||||||
15 | (h) A charter school may negotiate and contract with a | ||||||
16 | school district, the
governing body of a State college or | ||||||
17 | university or public community college, or
any other public or | ||||||
18 | for-profit or nonprofit private entity for: (i) the use
of a | ||||||
19 | school building and grounds or any other real property or | ||||||
20 | facilities that
the charter school desires to use or convert | ||||||
21 | for use as a charter school site,
(ii) the operation and | ||||||
22 | maintenance thereof, and
(iii) the provision of any service, | ||||||
23 | activity, or undertaking that the charter
school is required | ||||||
24 | to perform in order to carry out the terms of its charter.
| ||||||
25 | However, a charter school
that is established on
or
after | ||||||
26 | April 16, 2003 (the effective date of Public Act 93-3) and that |
| |||||||
| |||||||
1 | operates
in a city having a population exceeding
500,000 may | ||||||
2 | not contract with a for-profit entity to
manage or operate the | ||||||
3 | school during the period that commences on April 16, 2003 (the
| ||||||
4 | effective date of Public Act 93-3) and
concludes at the end of | ||||||
5 | the 2004-2005 school year.
Except as provided in subsection | ||||||
6 | (i) of this Section, a school district may
charge a charter | ||||||
7 | school reasonable rent for the use of the district's
| ||||||
8 | buildings, grounds, and facilities. Any services for which a | ||||||
9 | charter school
contracts
with a school district shall be | ||||||
10 | provided by the district at cost. Any services
for which a | ||||||
11 | charter school contracts with a local school board or with the
| ||||||
12 | governing body of a State college or university or public | ||||||
13 | community college
shall be provided by the public entity at | ||||||
14 | cost.
| ||||||
15 | (i) In no event shall a charter school that is established | ||||||
16 | by converting an
existing school or attendance center to | ||||||
17 | charter school status be required to
pay rent for space
that is | ||||||
18 | deemed available, as negotiated and provided in the charter | ||||||
19 | agreement,
in school district
facilities. However, all other | ||||||
20 | costs for the operation and maintenance of
school district | ||||||
21 | facilities that are used by the charter school shall be | ||||||
22 | subject
to negotiation between
the charter school and the | ||||||
23 | local school board and shall be set forth in the
charter.
| ||||||
24 | (j) A charter school may limit student enrollment by age | ||||||
25 | or grade level.
| ||||||
26 | (k) If the charter school is approved by the State Board or |
| |||||||
| |||||||
1 | Commission, then the charter school is its own local education | ||||||
2 | agency. | ||||||
3 | (Source: P.A. 101-50, eff. 7-1-20; 101-81, eff. 7-12-19; | ||||||
4 | 101-291, eff. 1-1-20; 101-531, eff. 8-23-19; 101-543, eff. | ||||||
5 | 8-23-19; 101-654, eff. 3-8-21; 102-51, eff. 7-9-21; 102-157, | ||||||
6 | eff. 7-1-22; 102-360, eff. 1-1-22; 102-445, eff. 8-20-21; | ||||||
7 | 102-466, eff. 7-1-25; 102-522, eff. 8-20-21; 102-558, eff. | ||||||
8 | 8-20-21; 102-676, eff. 12-3-21; 102-697, eff. 4-5-22; 102-702, | ||||||
9 | eff. 7-1-23; 102-805, eff. 1-1-23; 102-813, eff. 5-13-22; | ||||||
10 | revised 12-13-22.)
| ||||||
11 | (105 ILCS 5/34-8.07 new) | ||||||
12 | Sec. 34-8.07. Law enforcement referral and arrest data. | ||||||
13 | (a) Each school year, beginning with the 2023-2024 school | ||||||
14 | year, the board must collect data on student referrals to law | ||||||
15 | enforcement and school-related arrests of students. The board | ||||||
16 | must also collect data on the reason for referring students to | ||||||
17 | law enforcement and school-related arrests of students. | ||||||
18 | (b) The board must submit the data collected under | ||||||
19 | subsection (a) to the State Board of Education annually, by a | ||||||
20 | date to be determined by the State Board.
| ||||||
21 | Section 95. No acceleration or delay. Where this Act makes | ||||||
22 | changes in a statute that is represented in this Act by text | ||||||
23 | that is not yet or no longer in effect (for example, a Section | ||||||
24 | represented by multiple versions), the use of that text does |
| |||||||
| |||||||
1 | not accelerate or delay the taking effect of (i) the changes | ||||||
2 | made by this Act or (ii) provisions derived from any other | ||||||
3 | Public Act.
| ||||||
4 | Section 99. Effective date. This Act takes effect upon | ||||||
5 | becoming law.
|