Bill Title: Amends the School Code. Provides that school personnel of any school district, charter school, or nonpublic elementary or secondary school may not engage in corporal punishment of a student, inflict corporal punishment upon a student, or cause corporal punishment to be inflicted upon a student. In provisions concerning the maintenance of discipline, provides that a policy on discipline shall provide that a teacher and others may only use reasonable force as permitted under provisions concerning time out, isolated time out, restraint, and necessities (instead of may use reasonable force as needed to maintain safety for the other students, school personnel, or persons or for the purpose of self-defense or the defense of property). Provides that the policy shall prohibit the use of corporal punishment in all circumstances (instead of the policy shall not include slapping, paddling, or prolonged maintenance of students in physically painful positions nor shall it include the intentional infliction of bodily harm). Makes conforming changes.
Spectrum: Partisan Bill (Democrat 18-0)
Status: (Passed) 2024-08-09 - Public Act . . . . . . . . . 103-0806
[HB4175 Detail]Download: Illinois-2023-HB4175-Chaptered.html
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| Public Act 103-0806
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| HB4175 Enrolled | LRB103 34243 RJT 64069 b |
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AN ACT concerning education.
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Be it enacted by the People of the State of Illinois, |
represented in the General Assembly:
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Section 5. The School Code is amended by changing Sections |
24-24, 27A-5, and 34-84a and by adding Section 22-100 as |
follows:
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(105 ILCS 5/22-100 new) |
Sec. 22-100. Prohibition on physical discipline in |
schools. |
(a) In this Section: |
"Corporal punishment" means a discipline method in which a |
person deliberately inflicts pain upon a student in response |
to the student's unacceptable behavior or inappropriate |
language, with an aim to halt an offense, prevent its |
recurrence, or set an example for others. "Corporal |
punishment" does not include the use of physical restraint |
under Sections 10-20.33 and 34-18.20. |
"School personnel" means any person who is employed by, |
who is on contract with, or who volunteers in a school |
district, charter school, or nonpublic elementary or secondary |
school, including, but not limited to, school and school |
district administrators, teachers, school social workers, |
school counselors, school psychologists, school nurses, |
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paraprofessionals, speech-language pathologists, cafeteria |
workers, custodians, bus drivers, school resource officers, or |
security guards. |
(b) School personnel of any school district, charter |
school, or nonpublic elementary or secondary school may not |
engage in corporal punishment of a student, inflict corporal |
punishment upon a student, or cause corporal punishment to be |
inflicted upon a student.
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(105 ILCS 5/24-24) (from Ch. 122, par. 24-24) |
Sec. 24-24. Maintenance of discipline. Subject to the |
limitations of all policies established or adopted under |
Section 14-8.05, teachers, other licensed certificated |
educational employees, and any other person, whether or not a |
licensed certificated employee, providing a related service |
for or with respect to a student shall maintain discipline in |
the schools, including school grounds which are owned or |
leased by the board and used for school purposes and |
activities. In all matters relating to the discipline in and |
conduct of the schools and the school children, they stand in |
the relation of parents and guardians to the pupils. This |
relationship shall extend to all activities connected with the |
school program, including all athletic and extracurricular |
programs, and may be exercised at any time for the safety and |
supervision of the pupils in the absence of their parents or |
guardians. |
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Nothing in this Section affects the power of the board to |
establish rules with respect to discipline; except that each |
board shall establish a policy on discipline, and the policy |
so established shall provide, subject to the limitations of |
all policies established or adopted under Section 14-8.05, |
that a teacher, any other licensed certificated employee, and |
any other person, whether or not a licensed certificated |
employee, providing a related service for or with respect to a |
student may only use reasonable force as permitted under |
Sections 10-20.33 and 34-18.20 needed to maintain safety for |
the other students, school personnel or persons or for the |
purpose of self defense or the defense of property, shall |
provide that a teacher may remove a student from the classroom |
for disruptive behavior, and shall include provisions which |
provide due process to students. The policy shall prohibit the |
use of corporal punishment, as defined in Section 22-100, in |
all circumstances not include slapping, paddling or prolonged |
maintenance of students in physically painful positions nor |
shall it include the intentional infliction of bodily harm. |
The board may make and enforce reasonable rules of conduct |
and sportsmanship for athletic and extracurricular school |
events. Any person who violates such rules may be denied |
admission to school events for not more than one year, |
provided that written 10 days notice of the violation is given |
such person and a hearing had thereon by the board pursuant to |
its rules and regulations. The administration of any school |
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may sign complaints as agents of the school against persons |
committing any offense at school events. |
(Source: P.A. 88-346; 88-670, eff. 12-2-94; 89-184, eff. |
7-19-95.)
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(105 ILCS 5/27A-5) |
(Text of Section before amendment by P.A. 102-466 and |
103-472) |
Sec. 27A-5. Charter school; legal entity; requirements. |
(a) A charter school shall be a public, nonsectarian, |
nonreligious, non-home based, and non-profit school. A charter |
school shall be organized and operated as a nonprofit |
corporation or other discrete, legal, nonprofit entity |
authorized under the laws of the State of Illinois. |
(b) A charter school may be established under this Article |
by creating a new school or by converting an existing public |
school or attendance center to charter school status. In all |
new applications to establish a charter school in a city |
having a population exceeding 500,000, operation of the |
charter school shall be limited to one campus. This limitation |
does not apply to charter schools existing or approved on or |
before April 16, 2003. |
(b-5) (Blank). |
(c) A charter school shall be administered and governed by |
its board of directors or other governing body in the manner |
provided in its charter. The governing body of a charter |
|
school shall be subject to the Freedom of Information Act and |
the Open Meetings Act. A charter school's board of directors |
or other governing body must include at least one parent or |
guardian of a pupil currently enrolled in the charter school |
who may be selected through the charter school or a charter |
network election, appointment by the charter school's board of |
directors or other governing body, or by the charter school's |
Parent Teacher Organization or its equivalent. |
(c-5) No later than January 1, 2021 or within the first |
year of his or her first term, every voting member of a charter |
school's board of directors or other governing body shall |
complete a minimum of 4 hours of professional development |
leadership training to ensure that each member has sufficient |
familiarity with the board's or governing body's role and |
responsibilities, including financial oversight and |
accountability of the school, evaluating the principal's and |
school's performance, adherence to the Freedom of Information |
Act and the Open Meetings Act, and compliance with education |
and labor law. In each subsequent year of his or her term, a |
voting member of a charter school's board of directors or |
other governing body shall complete a minimum of 2 hours of |
professional development training in these same areas. The |
training under this subsection may be provided or certified by |
a statewide charter school membership association or may be |
provided or certified by other qualified providers approved by |
the State Board. |
|
(d) For purposes of this subsection (d), "non-curricular |
health and safety requirement" means any health and safety |
requirement created by statute or rule to provide, maintain, |
preserve, or safeguard safe or healthful conditions for |
students and school personnel or to eliminate, reduce, or |
prevent threats to the health and safety of students and |
school personnel. "Non-curricular health and safety |
requirement" does not include any course of study or |
specialized instructional requirement for which the State |
Board has established goals and learning standards or which is |
designed primarily to impart knowledge and skills for students |
to master and apply as an outcome of their education. |
A charter school shall comply with all non-curricular |
health and safety requirements applicable to public schools |
under the laws of the State of Illinois. The State Board shall |
promulgate and post on its Internet website a list of |
non-curricular health and safety requirements that a charter |
school must meet. The list shall be updated annually no later |
than September 1. Any charter contract between a charter |
school and its authorizer must contain a provision that |
requires the charter school to follow the list of all |
non-curricular health and safety requirements promulgated by |
the State Board and any non-curricular health and safety |
requirements added by the State Board to such list during the |
term of the charter. Nothing in this subsection (d) precludes |
an authorizer from including non-curricular health and safety |
|
requirements in a charter school contract that are not |
contained in the list promulgated by the State Board, |
including non-curricular health and safety requirements of the |
authorizing local school board. |
(e) Except as otherwise provided in the School Code, a |
charter school shall not charge tuition; provided that a |
charter school may charge reasonable fees for textbooks, |
instructional materials, and student activities. |
(f) A charter school shall be responsible for the |
management and operation of its fiscal affairs, including, but |
not limited to, the preparation of its budget. An audit of each |
charter school's finances shall be conducted annually by an |
outside, independent contractor retained by the charter |
school. The contractor shall not be an employee of the charter |
school or affiliated with the charter school or its authorizer |
in any way, other than to audit the charter school's finances. |
To ensure financial accountability for the use of public |
funds, on or before December 1 of every year of operation, each |
charter school shall submit to its authorizer and the State |
Board a copy of its audit and a copy of the Form 990 the |
charter school filed that year with the federal Internal |
Revenue Service. In addition, if deemed necessary for proper |
financial oversight of the charter school, an authorizer may |
require quarterly financial statements from each charter |
school. |
(g) A charter school shall comply with all provisions of |
|
this Article, the Illinois Educational Labor Relations Act, |
all federal and State laws and rules applicable to public |
schools that pertain to special education and the instruction |
of English learners, and its charter. A charter school is |
exempt from all other State laws and regulations in this Code |
governing public schools and local school board policies; |
however, a charter school is not exempt from the following: |
(1) Sections 10-21.9 and 34-18.5 of this Code |
regarding criminal history records checks and checks of |
the Statewide Sex Offender Database and Statewide Murderer |
and Violent Offender Against Youth Database of applicants |
for employment; |
(2) Sections 10-20.14, 10-22.6, 22-100, 24-24, 34-19, |
and 34-84a of this Code regarding discipline of students; |
(3) the Local Governmental and Governmental Employees |
Tort Immunity Act; |
(4) Section 108.75 of the General Not For Profit |
Corporation Act of 1986 regarding indemnification of |
officers, directors, employees, and agents; |
(5) the Abused and Neglected Child Reporting Act; |
(5.5) subsection (b) of Section 10-23.12 and |
subsection (b) of Section 34-18.6 of this Code; |
(6) the Illinois School Student Records Act; |
(7) Section 10-17a of this Code regarding school |
report cards; |
(8) the P-20 Longitudinal Education Data System Act; |
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(9) Section 27-23.7 of this Code regarding bullying |
prevention; |
(10) Section 2-3.162 of this Code regarding student |
discipline reporting; |
(11) Sections 22-80 and 27-8.1 of this Code; |
(12) Sections 10-20.60 and 34-18.53 of this Code; |
(13) Sections 10-20.63 and 34-18.56 of this Code; |
(14) Sections 22-90 and 26-18 of this Code; |
(15) Section 22-30 of this Code; |
(16) Sections 24-12 and 34-85 of this Code; |
(17) the Seizure Smart School Act; |
(18) Section 2-3.64a-10 of this Code; |
(19) Sections 10-20.73 and 34-21.9 of this Code; |
(20) Section 10-22.25b of this Code; |
(21) Section 27-9.1a of this Code; |
(22) Section 27-9.1b of this Code; |
(23) Section 34-18.8 of this Code; |
(25) Section 2-3.188 of this Code; |
(26) Section 22-85.5 of this Code; |
(27) subsections (d-10), (d-15), and (d-20) of Section |
10-20.56 of this Code; |
(28) Sections 10-20.83 and 34-18.78 of this Code; |
(29) Section 10-20.13 of this Code; |
(30) Section 28-19.2 of this Code; |
(31) Section 34-21.6 of this Code; and |
(32) Section 22-85.10 of this Code. |
|
The change made by Public Act 96-104 to this subsection |
(g) is declaratory of existing law. |
(h) A charter school may negotiate and contract with a |
school district, the governing body of a State college or |
university or public community college, or any other public or |
for-profit or nonprofit private entity for: (i) the use of a |
school building and grounds or any other real property or |
facilities that the charter school desires to use or convert |
for use as a charter school site, (ii) the operation and |
maintenance thereof, and (iii) the provision of any service, |
activity, or undertaking that the charter school is required |
to perform in order to carry out the terms of its charter. |
Except as provided in subsection (i) of this Section, a school |
district may charge a charter school reasonable rent for the |
use of the district's buildings, grounds, and facilities. Any |
services for which a charter school contracts with a school |
district shall be provided by the district at cost. Any |
services for which a charter school contracts with a local |
school board or with the governing body of a State college or |
university or public community college shall be provided by |
the public entity at cost. |
(i) In no event shall a charter school that is established |
by converting an existing school or attendance center to |
charter school status be required to pay rent for space that is |
deemed available, as negotiated and provided in the charter |
agreement, in school district facilities. However, all other |
|
costs for the operation and maintenance of school district |
facilities that are used by the charter school shall be |
subject to negotiation between the charter school and the |
local school board and shall be set forth in the charter. |
(j) A charter school may limit student enrollment by age |
or grade level. |
(k) If the charter school is authorized by the State |
Board, then the charter school is its own local education |
agency. |
(Source: P.A. 102-51, eff. 7-9-21; 102-157, eff. 7-1-22; |
102-360, eff. 1-1-22; 102-445, eff. 8-20-21; 102-522, eff. |
8-20-21; 102-558, eff. 8-20-21; 102-676, eff. 12-3-21; |
102-697, eff. 4-5-22; 102-702, eff. 7-1-23; 102-805, eff. |
1-1-23; 102-813, eff. 5-13-22; 103-154, eff. 6-30-23; 103-175, |
eff. 6-30-23.)
|
(Text of Section after amendment by P.A. 103-472 but |
before amendment by P.A. 102-466) |
Sec. 27A-5. Charter school; legal entity; requirements. |
(a) A charter school shall be a public, nonsectarian, |
nonreligious, non-home based, and non-profit school. A charter |
school shall be organized and operated as a nonprofit |
corporation or other discrete, legal, nonprofit entity |
authorized under the laws of the State of Illinois. |
(b) A charter school may be established under this Article |
by creating a new school or by converting an existing public |
|
school or attendance center to charter school status. In all |
new applications to establish a charter school in a city |
having a population exceeding 500,000, operation of the |
charter school shall be limited to one campus. This limitation |
does not apply to charter schools existing or approved on or |
before April 16, 2003. |
(b-5) (Blank). |
(c) A charter school shall be administered and governed by |
its board of directors or other governing body in the manner |
provided in its charter. The governing body of a charter |
school shall be subject to the Freedom of Information Act and |
the Open Meetings Act. A charter school's board of directors |
or other governing body must include at least one parent or |
guardian of a pupil currently enrolled in the charter school |
who may be selected through the charter school or a charter |
network election, appointment by the charter school's board of |
directors or other governing body, or by the charter school's |
Parent Teacher Organization or its equivalent. |
(c-5) No later than January 1, 2021 or within the first |
year of his or her first term, every voting member of a charter |
school's board of directors or other governing body shall |
complete a minimum of 4 hours of professional development |
leadership training to ensure that each member has sufficient |
familiarity with the board's or governing body's role and |
responsibilities, including financial oversight and |
accountability of the school, evaluating the principal's and |
|
school's performance, adherence to the Freedom of Information |
Act and the Open Meetings Act, and compliance with education |
and labor law. In each subsequent year of his or her term, a |
voting member of a charter school's board of directors or |
other governing body shall complete a minimum of 2 hours of |
professional development training in these same areas. The |
training under this subsection may be provided or certified by |
a statewide charter school membership association or may be |
provided or certified by other qualified providers approved by |
the State Board. |
(d) For purposes of this subsection (d), "non-curricular |
health and safety requirement" means any health and safety |
requirement created by statute or rule to provide, maintain, |
preserve, or safeguard safe or healthful conditions for |
students and school personnel or to eliminate, reduce, or |
prevent threats to the health and safety of students and |
school personnel. "Non-curricular health and safety |
requirement" does not include any course of study or |
specialized instructional requirement for which the State |
Board has established goals and learning standards or which is |
designed primarily to impart knowledge and skills for students |
to master and apply as an outcome of their education. |
A charter school shall comply with all non-curricular |
health and safety requirements applicable to public schools |
under the laws of the State of Illinois. The State Board shall |
promulgate and post on its Internet website a list of |
|
non-curricular health and safety requirements that a charter |
school must meet. The list shall be updated annually no later |
than September 1. Any charter contract between a charter |
school and its authorizer must contain a provision that |
requires the charter school to follow the list of all |
non-curricular health and safety requirements promulgated by |
the State Board and any non-curricular health and safety |
requirements added by the State Board to such list during the |
term of the charter. Nothing in this subsection (d) precludes |
an authorizer from including non-curricular health and safety |
requirements in a charter school contract that are not |
contained in the list promulgated by the State Board, |
including non-curricular health and safety requirements of the |
authorizing local school board. |
(e) Except as otherwise provided in the School Code, a |
charter school shall not charge tuition; provided that a |
charter school may charge reasonable fees for textbooks, |
instructional materials, and student activities. |
(f) A charter school shall be responsible for the |
management and operation of its fiscal affairs, including, but |
not limited to, the preparation of its budget. An audit of each |
charter school's finances shall be conducted annually by an |
outside, independent contractor retained by the charter |
school. The contractor shall not be an employee of the charter |
school or affiliated with the charter school or its authorizer |
in any way, other than to audit the charter school's finances. |
|
To ensure financial accountability for the use of public |
funds, on or before December 1 of every year of operation, each |
charter school shall submit to its authorizer and the State |
Board a copy of its audit and a copy of the Form 990 the |
charter school filed that year with the federal Internal |
Revenue Service. In addition, if deemed necessary for proper |
financial oversight of the charter school, an authorizer may |
require quarterly financial statements from each charter |
school. |
(g) A charter school shall comply with all provisions of |
this Article, the Illinois Educational Labor Relations Act, |
all federal and State laws and rules applicable to public |
schools that pertain to special education and the instruction |
of English learners, and its charter. A charter school is |
exempt from all other State laws and regulations in this Code |
governing public schools and local school board policies; |
however, a charter school is not exempt from the following: |
(1) Sections 10-21.9 and 34-18.5 of this Code |
regarding criminal history records checks and checks of |
the Statewide Sex Offender Database and Statewide Murderer |
and Violent Offender Against Youth Database of applicants |
for employment; |
(2) Sections 10-20.14, 10-22.6, 22-100, 24-24, 34-19, |
and 34-84a of this Code regarding discipline of students; |
(3) the Local Governmental and Governmental Employees |
Tort Immunity Act; |
|
(4) Section 108.75 of the General Not For Profit |
Corporation Act of 1986 regarding indemnification of |
officers, directors, employees, and agents; |
(5) the Abused and Neglected Child Reporting Act; |
(5.5) subsection (b) of Section 10-23.12 and |
subsection (b) of Section 34-18.6 of this Code; |
(6) the Illinois School Student Records Act; |
(7) Section 10-17a of this Code regarding school |
report cards; |
(8) the P-20 Longitudinal Education Data System Act; |
(9) Section 27-23.7 of this Code regarding bullying |
prevention; |
(10) Section 2-3.162 of this Code regarding student |
discipline reporting; |
(11) Sections 22-80 and 27-8.1 of this Code; |
(12) Sections 10-20.60 and 34-18.53 of this Code; |
(13) Sections 10-20.63 and 34-18.56 of this Code; |
(14) Sections 22-90 and 26-18 of this Code; |
(15) Section 22-30 of this Code; |
(16) Sections 24-12 and 34-85 of this Code; |
(17) the Seizure Smart School Act; |
(18) Section 2-3.64a-10 of this Code; |
(19) Sections 10-20.73 and 34-21.9 of this Code; |
(20) Section 10-22.25b of this Code; |
(21) Section 27-9.1a of this Code; |
(22) Section 27-9.1b of this Code; |
|
(23) Section 34-18.8 of this Code; |
(25) Section 2-3.188 of this Code; |
(26) Section 22-85.5 of this Code; |
(27) subsections (d-10), (d-15), and (d-20) of Section |
10-20.56 of this Code; |
(28) Sections 10-20.83 and 34-18.78 of this Code; |
(29) Section 10-20.13 of this Code; |
(30) Section 28-19.2 of this Code; |
(31) Section 34-21.6 of this Code; and |
(32) Section 22-85.10 of this Code; |
(33) Section 2-3.196 of this Code; |
(34) Section 22-95 of this Code; |
(35) Section 34-18.62 of this Code; and |
(36) the Illinois Human Rights Act. |
The change made by Public Act 96-104 to this subsection |
(g) is declaratory of existing law. |
(h) A charter school may negotiate and contract with a |
school district, the governing body of a State college or |
university or public community college, or any other public or |
for-profit or nonprofit private entity for: (i) the use of a |
school building and grounds or any other real property or |
facilities that the charter school desires to use or convert |
for use as a charter school site, (ii) the operation and |
maintenance thereof, and (iii) the provision of any service, |
activity, or undertaking that the charter school is required |
to perform in order to carry out the terms of its charter. |
|
Except as provided in subsection (i) of this Section, a school |
district may charge a charter school reasonable rent for the |
use of the district's buildings, grounds, and facilities. Any |
services for which a charter school contracts with a school |
district shall be provided by the district at cost. Any |
services for which a charter school contracts with a local |
school board or with the governing body of a State college or |
university or public community college shall be provided by |
the public entity at cost. |
(i) In no event shall a charter school that is established |
by converting an existing school or attendance center to |
charter school status be required to pay rent for space that is |
deemed available, as negotiated and provided in the charter |
agreement, in school district facilities. However, all other |
costs for the operation and maintenance of school district |
facilities that are used by the charter school shall be |
subject to negotiation between the charter school and the |
local school board and shall be set forth in the charter. |
(j) A charter school may limit student enrollment by age |
or grade level. |
(k) If the charter school is authorized by the State |
Board, then the charter school is its own local education |
agency. |
(Source: P.A. 102-51, eff. 7-9-21; 102-157, eff. 7-1-22; |
102-360, eff. 1-1-22; 102-445, eff. 8-20-21; 102-522, eff. |
8-20-21; 102-558, eff. 8-20-21; 102-676, eff. 12-3-21; |
|
102-697, eff. 4-5-22; 102-702, eff. 7-1-23; 102-805, eff. |
1-1-23; 102-813, eff. 5-13-22; 103-154, eff. 6-30-23; 103-175, |
eff. 6-30-23; 103-472, eff. 8-1-24; revised 8-31-23.)
|
(Text of Section after amendment by P.A. 102-466) |
Sec. 27A-5. Charter school; legal entity; requirements. |
(a) A charter school shall be a public, nonsectarian, |
nonreligious, non-home based, and non-profit school. A charter |
school shall be organized and operated as a nonprofit |
corporation or other discrete, legal, nonprofit entity |
authorized under the laws of the State of Illinois. |
(b) A charter school may be established under this Article |
by creating a new school or by converting an existing public |
school or attendance center to charter school status. In all |
new applications to establish a charter school in a city |
having a population exceeding 500,000, operation of the |
charter school shall be limited to one campus. This limitation |
does not apply to charter schools existing or approved on or |
before April 16, 2003. |
(b-5) (Blank). |
(c) A charter school shall be administered and governed by |
its board of directors or other governing body in the manner |
provided in its charter. The governing body of a charter |
school shall be subject to the Freedom of Information Act and |
the Open Meetings Act. A charter school's board of directors |
or other governing body must include at least one parent or |
|
guardian of a pupil currently enrolled in the charter school |
who may be selected through the charter school or a charter |
network election, appointment by the charter school's board of |
directors or other governing body, or by the charter school's |
Parent Teacher Organization or its equivalent. |
(c-5) No later than January 1, 2021 or within the first |
year of his or her first term, every voting member of a charter |
school's board of directors or other governing body shall |
complete a minimum of 4 hours of professional development |
leadership training to ensure that each member has sufficient |
familiarity with the board's or governing body's role and |
responsibilities, including financial oversight and |
accountability of the school, evaluating the principal's and |
school's performance, adherence to the Freedom of Information |
Act and the Open Meetings Act, and compliance with education |
and labor law. In each subsequent year of his or her term, a |
voting member of a charter school's board of directors or |
other governing body shall complete a minimum of 2 hours of |
professional development training in these same areas. The |
training under this subsection may be provided or certified by |
a statewide charter school membership association or may be |
provided or certified by other qualified providers approved by |
the State Board. |
(d) For purposes of this subsection (d), "non-curricular |
health and safety requirement" means any health and safety |
requirement created by statute or rule to provide, maintain, |
|
preserve, or safeguard safe or healthful conditions for |
students and school personnel or to eliminate, reduce, or |
prevent threats to the health and safety of students and |
school personnel. "Non-curricular health and safety |
requirement" does not include any course of study or |
specialized instructional requirement for which the State |
Board has established goals and learning standards or which is |
designed primarily to impart knowledge and skills for students |
to master and apply as an outcome of their education. |
A charter school shall comply with all non-curricular |
health and safety requirements applicable to public schools |
under the laws of the State of Illinois. The State Board shall |
promulgate and post on its Internet website a list of |
non-curricular health and safety requirements that a charter |
school must meet. The list shall be updated annually no later |
than September 1. Any charter contract between a charter |
school and its authorizer must contain a provision that |
requires the charter school to follow the list of all |
non-curricular health and safety requirements promulgated by |
the State Board and any non-curricular health and safety |
requirements added by the State Board to such list during the |
term of the charter. Nothing in this subsection (d) precludes |
an authorizer from including non-curricular health and safety |
requirements in a charter school contract that are not |
contained in the list promulgated by the State Board, |
including non-curricular health and safety requirements of the |
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authorizing local school board. |
(e) Except as otherwise provided in the School Code, a |
charter school shall not charge tuition; provided that a |
charter school may charge reasonable fees for textbooks, |
instructional materials, and student activities. |
(f) A charter school shall be responsible for the |
management and operation of its fiscal affairs, including, but |
not limited to, the preparation of its budget. An audit of each |
charter school's finances shall be conducted annually by an |
outside, independent contractor retained by the charter |
school. The contractor shall not be an employee of the charter |
school or affiliated with the charter school or its authorizer |
in any way, other than to audit the charter school's finances. |
To ensure financial accountability for the use of public |
funds, on or before December 1 of every year of operation, each |
charter school shall submit to its authorizer and the State |
Board a copy of its audit and a copy of the Form 990 the |
charter school filed that year with the federal Internal |
Revenue Service. In addition, if deemed necessary for proper |
financial oversight of the charter school, an authorizer may |
require quarterly financial statements from each charter |
school. |
(g) A charter school shall comply with all provisions of |
this Article, the Illinois Educational Labor Relations Act, |
all federal and State laws and rules applicable to public |
schools that pertain to special education and the instruction |
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of English learners, and its charter. A charter school is |
exempt from all other State laws and regulations in this Code |
governing public schools and local school board policies; |
however, a charter school is not exempt from the following: |
(1) Sections 10-21.9 and 34-18.5 of this Code |
regarding criminal history records checks and checks of |
the Statewide Sex Offender Database and Statewide Murderer |
and Violent Offender Against Youth Database of applicants |
for employment; |
(2) Sections 10-20.14, 10-22.6, 22-100, 24-24, 34-19, |
and 34-84a of this Code regarding discipline of students; |
(3) the Local Governmental and Governmental Employees |
Tort Immunity Act; |
(4) Section 108.75 of the General Not For Profit |
Corporation Act of 1986 regarding indemnification of |
officers, directors, employees, and agents; |
(5) the Abused and Neglected Child Reporting Act; |
(5.5) subsection (b) of Section 10-23.12 and |
subsection (b) of Section 34-18.6 of this Code; |
(6) the Illinois School Student Records Act; |
(7) Section 10-17a of this Code regarding school |
report cards; |
(8) the P-20 Longitudinal Education Data System Act; |
(9) Section 27-23.7 of this Code regarding bullying |
prevention; |
(10) Section 2-3.162 of this Code regarding student |
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discipline reporting; |
(11) Sections 22-80 and 27-8.1 of this Code; |
(12) Sections 10-20.60 and 34-18.53 of this Code; |
(13) Sections 10-20.63 and 34-18.56 of this Code; |
(14) Sections 22-90 and 26-18 of this Code; |
(15) Section 22-30 of this Code; |
(16) Sections 24-12 and 34-85 of this Code; |
(17) the Seizure Smart School Act; |
(18) Section 2-3.64a-10 of this Code; |
(19) Sections 10-20.73 and 34-21.9 of this Code; |
(20) Section 10-22.25b of this Code; |
(21) Section 27-9.1a of this Code; |
(22) Section 27-9.1b of this Code; |
(23) Section 34-18.8 of this Code; |
(24) Article 26A of this Code; |
(25) Section 2-3.188 of this Code; |
(26) Section 22-85.5 of this Code; |
(27) subsections (d-10), (d-15), and (d-20) of Section |
10-20.56 of this Code; |
(28) Sections 10-20.83 and 34-18.78 of this Code; |
(29) Section 10-20.13 of this Code; |
(30) Section 28-19.2 of this Code; |
(31) Section 34-21.6 of this Code; and |
(32) Section 22-85.10 of this Code; |
(33) Section 2-3.196 of this Code; |
(34) Section 22-95 of this Code; |
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(35) Section 34-18.62 of this Code; and |
(36) the Illinois Human Rights Act. |
The change made by Public Act 96-104 to this subsection |
(g) is declaratory of existing law. |
(h) A charter school may negotiate and contract with a |
school district, the governing body of a State college or |
university or public community college, or any other public or |
for-profit or nonprofit private entity for: (i) the use of a |
school building and grounds or any other real property or |
facilities that the charter school desires to use or convert |
for use as a charter school site, (ii) the operation and |
maintenance thereof, and (iii) the provision of any service, |
activity, or undertaking that the charter school is required |
to perform in order to carry out the terms of its charter. |
Except as provided in subsection (i) of this Section, a school |
district may charge a charter school reasonable rent for the |
use of the district's buildings, grounds, and facilities. Any |
services for which a charter school contracts with a school |
district shall be provided by the district at cost. Any |
services for which a charter school contracts with a local |
school board or with the governing body of a State college or |
university or public community college shall be provided by |
the public entity at cost. |
(i) In no event shall a charter school that is established |
by converting an existing school or attendance center to |
charter school status be required to pay rent for space that is |
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deemed available, as negotiated and provided in the charter |
agreement, in school district facilities. However, all other |
costs for the operation and maintenance of school district |
facilities that are used by the charter school shall be |
subject to negotiation between the charter school and the |
local school board and shall be set forth in the charter. |
(j) A charter school may limit student enrollment by age |
or grade level. |
(k) If the charter school is authorized by the State |
Board, then the charter school is its own local education |
agency. |
(Source: P.A. 102-51, eff. 7-9-21; 102-157, eff. 7-1-22; |
102-360, eff. 1-1-22; 102-445, eff. 8-20-21; 102-466, eff. |
7-1-25; 102-522, eff. 8-20-21; 102-558, eff. 8-20-21; 102-676, |
eff. 12-3-21; 102-697, eff. 4-5-22; 102-702, eff. 7-1-23; |
102-805, eff. 1-1-23; 102-813, eff. 5-13-22; 103-154, eff. |
6-30-23; 103-175, eff. 6-30-23; 103-472, eff. 8-1-24; revised |
8-31-23.)
|
(105 ILCS 5/34-84a) (from Ch. 122, par. 34-84a) |
Sec. 34-84a. Maintenance of discipline. Subject to the |
limitations of all policies established or adopted under |
Section 14-8.05, teachers, other licensed certificated |
educational employees, and any other person, whether or not a |
licensed certificated employee, providing a related service |
for or with respect to a student shall maintain discipline in |
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the schools, including school grounds which are owned or |
leased by the board and used for school purposes and |
activities. In all matters relating to the discipline in and |
conduct of the schools and the school children, they stand in |
the relation of parents and guardians to the pupils. This |
relationship shall extend to all activities connected with the |
school program, including all athletic and extracurricular |
programs, and may be exercised at any time for the safety and |
supervision of the pupils in the absence of their parents or |
guardians. |
Nothing in this Section affects the power of the board to |
establish rules with respect to discipline, except that the |
rules of the board must provide, subject to the limitations of |
all policies established or adopted under Section 14-8.05, |
that a teacher, any other licensed certificated employee, and |
any other person, whether or not a licensed certificated |
employee, providing a related service for or with respect to a |
student may only use reasonable force as permitted under |
Section 34-18.20 needed to maintain safety for the other |
students, shall provide that a teacher may remove a student |
from the classroom for disruptive behavior, and must include |
provisions which provide due process to students. The policy |
shall prohibit the use of corporal punishment, as defined in |
Section 22-100, in all circumstances. |
(Source: P.A. 89-184, eff. 7-19-95.)
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