Bill Text: IL HB5265 | 2021-2022 | 102nd General Assembly | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Reinserts the provisions of the introduced bill but removes the applicability of the fine waiver for the destruction of school property, removes the applicability for children living in households eligible for reduced lunch, and makes technical corrections.

Spectrum: Partisan Bill (Democrat 30-0)

Status: (Passed) 2022-05-13 - Public Act . . . . . . . . . 102-0805 [HB5265 Detail]

Download: Illinois-2021-HB5265-Engrossed.html

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HB5265 Engrossed LRB102 25007 RJT 34263 b
AN ACT concerning education.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The School Code is amended by changing Sections
1-3, 10-20.13, 27A-5, 28-19.2, and 34-21.6 as follows:
(105 ILCS 5/1-3) (from Ch. 122, par. 1-3)
Sec. 1-3. Definitions. In this Code:
The terms "common schools", "free schools" and "public
schools" are used interchangeably to apply to any school
operated by authority of this Act.
"School board" means the governing body of any district
created or operating under authority of this Code, including
board of school directors and board of education. When the
context so indicates it also means the governing body of any
non-high school district and of any special charter district,
including a board of school inspectors.
"School fees" or "fees" means any monetary charge
collected by a public school, public school district, or
charter school from a student or the parents or guardian of a
student as a prerequisite for the student's participation in
any curricular or extracurricular program of the school or
school district as defined under paragraphs (1) and (2) of
subsection (a) of Section 1.245 of Title 23 of the Illinois

HB5265 Engrossed - 2 - LRB102 25007 RJT 34263 b
Administrative Code.
"Special charter district" means any city, township, or
district organized into a school district, under a special Act
or charter of the General Assembly or in which schools are now
managed and operating within such unit in whole or in part
under the terms of such special Act or charter.
(Source: P.A. 102-687, eff. 12-17-21.)
(105 ILCS 5/10-20.13) (from Ch. 122, par. 10-20.13)
Sec. 10-20.13. Textbooks for children of parents unable to
buy them and other fees and fines.
(a) To purchase, at the expense of the district, a
sufficient number of textbooks for children whose parents are
unable to buy them, including but not limited to children
living in households that meet the free lunch or breakfast
eligibility guidelines established by the federal government
pursuant to Section 1758 of the federal Richard B. Russell
National School Lunch Act (42 U.S.C. 1758; 7 C.F.R. 245 et
seq.) and homeless children and youth as defined in Section
11434a of the federal McKinney-Vento Homeless Assistance Act
(42 U.S.C. 11434a), subject to verification as set forth in
subsection (c) of this Section. Such textbooks shall be loaned
only, and the directors shall require the teacher to see that
they are properly cared for and returned at the end of each
term of school.
(b) To waive all fees and any fines for the loss of school

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property assessed by the district on children whose parents
are unable to afford them, including but not limited to:
(1) children living in households that meet the free
lunch or breakfast eligibility guidelines established by
the federal government pursuant to Section 1758 of the
federal Richard B. Russell National School Lunch Act (42
U.S.C. 1758; 7 C.F.R. 245 et seq.), subject to
verification as set forth in subsection (c) of this
Section, and
(2)homeless children and youth as defined in Section
11434a of the federal McKinney-Vento Homeless Assistance
Act (42 U.S.C. 11434a).
Notice of waiver availability shall be given to parents or
guardians with every bill for fees or fines. The school board
shall adopt written policies and procedures for such waiver of
fees in accordance with regulations promulgated by the State
Board of Education.
(c) Any school board that participates in a federally
funded, school-based child nutrition program and uses a
student's application for, eligibility for, or participation
in the federally funded, school-based child nutrition program
(42 U.S.C. 1758; 7 C.F.R. 245 et seq.) as the basis for waiving
fees assessed by the school district must follow the
verification requirements of the federally funded,
school-based child nutrition program (42 U.S.C. 1758; 7 C.F.R.
245.6a).

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A school board that establishes a process for the
determination of eligibility for waiver of fees assessed by
the school district that is completely independent of a
student's application for, eligibility for, or participation
in a federally funded, school-based child nutrition program
may provide for fee waiver verification no more often than
once per academic year every 60 calendar days. Information
obtained during the independent, fee waiver verification
process indicating that the student does not meet free lunch
or breakfast eligibility guidelines may be used to deny the
waiver of the student's fees or fines for the loss of school
property, provided that any information obtained through this
independent process for determining or verifying eligibility
for fee waivers shall not be used to determine or verify
eligibility for any federally funded, school-based child
nutrition program. This subsection shall not preclude children
from obtaining waivers at any point during the academic year.
(Source: P.A. 96-360, eff. 9-1-09.)
(105 ILCS 5/27A-5)
(Text of Section before amendment by P.A. 102-157 and 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

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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.
Beginning on April 16, 2003 (the effective date of Public Act
93-3), 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. The changes
made to this Section by Public Act 93-3 do not apply to charter
schools existing or approved on or before April 16, 2003 (the
effective date of Public Act 93-3).
(b-5) In this subsection (b-5), "virtual-schooling" means
a cyber school where students engage in online curriculum and
instruction via the Internet and electronic communication with
their teachers at remote locations and with students
participating at different times.
From April 1, 2013 through December 31, 2016, there is a
moratorium on the establishment of charter schools with
virtual-schooling components in school districts other than a
school district organized under Article 34 of this Code. This
moratorium does not apply to a charter school with
virtual-schooling components existing or approved prior to
April 1, 2013 or to the renewal of the charter of a charter
school with virtual-schooling components already approved
prior to April 1, 2013.

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(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. No later than January 1, 2021 (one year
after the effective date of Public Act 101-291), 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 (one year after the
effective date of Public Act 101-291) 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

HB5265 Engrossed - 7 - LRB102 25007 RJT 34263 b
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 of Education.
(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. On or before September
1, 2015, 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

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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

HB5265 Engrossed - 9 - LRB102 25007 RJT 34263 b
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, 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;

HB5265 Engrossed - 10 - LRB102 25007 RJT 34263 b
(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) Section 26-18 of this Code;
(15) Section 22-30 of this Code;
(16) Sections 24-12 and 34-85 of this Code; and
(17) the Seizure Smart School Act;
(18) Section 2-3.64a-10 of this Code; and
(19) (18) Sections 10-20.73 and 34-21.9 of this Code; .
(20) (19) Section 10-22.25b of this Code; .
(21) (19) Section 27-9.1a of this Code;
(22) (20) Section 27-9.1b of this Code; and
(23) (21) Section 34-18.8 of this Code; .
(25) (19) Section 2-3.188 of this Code; and
(26) (20) Section 22-85.5 of this Code; .
(27) Section 10-20.13 of this Code;

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(28) Section 28-19.2 of this Code; and
(29) Section 34-21.6 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.
However, a charter school that is established on or after
April 16, 2003 (the effective date of Public Act 93-3) and that
operates in a city having a population exceeding 500,000 may
not contract with a for-profit entity to manage or operate the
school during the period that commences on April 16, 2003 (the
effective date of Public Act 93-3) and concludes at the end of
the 2004-2005 school year. 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

HB5265 Engrossed - 12 - LRB102 25007 RJT 34263 b
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 approved by the State Board or
Commission, then the charter school is its own local education
agency.
(Source: P.A. 101-50, eff. 7-1-20; 101-81, eff. 7-12-19;
101-291, eff. 1-1-20; 101-531, eff. 8-23-19; 101-543, eff.
8-23-19; 101-654, eff. 3-8-21; 102-51, eff. 7-9-21; 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; revised
12-21-21.)
(Text of Section after amendment by P.A. 102-157 but

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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.
Beginning on April 16, 2003 (the effective date of Public Act
93-3), 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. The changes
made to this Section by Public Act 93-3 do not apply to charter
schools existing or approved on or before April 16, 2003 (the
effective date of Public Act 93-3).
(b-5) In this subsection (b-5), "virtual-schooling" means
a cyber school where students engage in online curriculum and
instruction via the Internet and electronic communication with
their teachers at remote locations and with students
participating at different times.
From April 1, 2013 through December 31, 2016, there is a
moratorium on the establishment of charter schools with
virtual-schooling components in school districts other than a
school district organized under Article 34 of this Code. This

HB5265 Engrossed - 14 - LRB102 25007 RJT 34263 b
moratorium does not apply to a charter school with
virtual-schooling components existing or approved prior to
April 1, 2013 or to the renewal of the charter of a charter
school with virtual-schooling components already approved
prior to April 1, 2013.
(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. No later than January 1, 2021 (one year
after the effective date of Public Act 101-291), 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 (one year after the
effective date of Public Act 101-291) 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

HB5265 Engrossed - 15 - LRB102 25007 RJT 34263 b
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 of Education.
(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. On or before September

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1, 2015, 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

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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, 24-24, 34-19, and
34-84a of this Code regarding discipline of students;
(3) the Local Governmental and Governmental Employees

HB5265 Engrossed - 18 - LRB102 25007 RJT 34263 b
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; and
(17) the Seizure Smart School Act;
(18) Section 2-3.64a-10 of this Code; and
(19) (18) Sections 10-20.73 and 34-21.9 of this Code; .
(20) (19) Section 10-22.25b of this Code; .
(21) (19) Section 27-9.1a of this Code;

HB5265 Engrossed - 19 - LRB102 25007 RJT 34263 b
(22) (20) Section 27-9.1b of this Code; and
(23) (21) Section 34-18.8 of this Code; .
(25) (19) Section 2-3.188 of this Code; and
(26) (20) Section 22-85.5 of this Code; .
(27) Section 10-20.13 of this Code;
(28) Section 28-19.2 of this Code; and
(29) Section 34-21.6 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.
However, a charter school that is established on or after
April 16, 2003 (the effective date of Public Act 93-3) and that
operates in a city having a population exceeding 500,000 may
not contract with a for-profit entity to manage or operate the
school during the period that commences on April 16, 2003 (the
effective date of Public Act 93-3) and concludes at the end of
the 2004-2005 school year. Except as provided in subsection

HB5265 Engrossed - 20 - LRB102 25007 RJT 34263 b
(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 approved by the State Board or
Commission, then the charter school is its own local education
agency.
(Source: P.A. 101-50, eff. 7-1-20; 101-81, eff. 7-12-19;
101-291, eff. 1-1-20; 101-531, eff. 8-23-19; 101-543, eff.
8-23-19; 101-654, eff. 3-8-21; 102-51, eff. 7-9-21; 102-157,

HB5265 Engrossed - 21 - LRB102 25007 RJT 34263 b
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; revised 12-21-21.)
(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.
Beginning on April 16, 2003 (the effective date of Public Act
93-3), 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. The changes
made to this Section by Public Act 93-3 do not apply to charter
schools existing or approved on or before April 16, 2003 (the
effective date of Public Act 93-3).
(b-5) In this subsection (b-5), "virtual-schooling" means
a cyber school where students engage in online curriculum and
instruction via the Internet and electronic communication with
their teachers at remote locations and with students
participating at different times.

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From April 1, 2013 through December 31, 2016, there is a
moratorium on the establishment of charter schools with
virtual-schooling components in school districts other than a
school district organized under Article 34 of this Code. This
moratorium does not apply to a charter school with
virtual-schooling components existing or approved prior to
April 1, 2013 or to the renewal of the charter of a charter
school with virtual-schooling components already approved
prior to April 1, 2013.
(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. No later than January 1, 2021 (one year
after the effective date of Public Act 101-291), 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 (one year after the
effective date of Public Act 101-291) 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

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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 of Education.
(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

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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. On or before September
1, 2015, 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

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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

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for employment;
(2) Sections 10-20.14, 10-22.6, 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; and
(17) the Seizure Smart School Act;

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(18) Section 2-3.64a-10 of this Code; and
(19) (18) Sections 10-20.73 and 34-21.9 of this Code; .
(20) (19) Section 10-22.25b of this Code; .
(21) (19) Section 27-9.1a of this Code;
(22) (20) Section 27-9.1b of this Code; and
(23) (21) Section 34-18.8 of this Code; .
(24) (19) Article 26A of this Code; .
(25) (19) Section 2-3.188 of this Code; and
(26) (20) Section 22-85.5 of this Code; .
(27) Section 10-20.13 of this Code;
(28) Section 28-19.2 of this Code; and
(29) Section 34-21.6 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.
However, a charter school that is established on or after
April 16, 2003 (the effective date of Public Act 93-3) and that

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operates in a city having a population exceeding 500,000 may
not contract with a for-profit entity to manage or operate the
school during the period that commences on April 16, 2003 (the
effective date of Public Act 93-3) and concludes at the end of
the 2004-2005 school year. 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 approved by the State Board or

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Commission, then the charter school is its own local education
agency.
(Source: P.A. 101-50, eff. 7-1-20; 101-81, eff. 7-12-19;
101-291, eff. 1-1-20; 101-531, eff. 8-23-19; 101-543, eff.
8-23-19; 101-654, eff. 3-8-21; 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; revised 12-21-21.)
(105 ILCS 5/28-19.2) (from Ch. 122, par. 28-19.2)
Sec. 28-19.2. (a) No discrimination or punishment of any
kind, including, but not limited to: the lowering of grades,
or exclusion from classes, or withholding of student records,
transcripts or diplomas may be exercised against a student
because the student's whose parents or guardians are unable to
purchase required textbooks or instructional materials or to
pay required fees.
(b) Any person who violates this Section is guilty of a
petty offense.
(Source: P.A. 83-573.)
(105 ILCS 5/34-21.6) (from Ch. 122, par. 34-21.6)
Sec. 34-21.6. Waiver of fees and fines.
(a) The board shall waive all fees and any fines for the
loss of school property assessed by the district on children
whose parents are unable to afford them, including but not

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limited to:
(1) children living in households that meet the free
lunch or breakfast eligibility guidelines established by
the federal government pursuant to Section 1758 of the
federal Richard B. Russell National School Lunch Act (42
U.S.C. 1758; 7 C.F.R. 245 et seq.), subject to
verification as set forth in subsection (b) of this
Section, and
(2) homeless children and youth as defined in Section
11434a of the federal McKinney-Vento Homeless Assistance
Act (42 U.S.C. 11434a).
Notice of waiver availability shall be given to parents or
guardians with every bill for fees or fines. The board shall
develop written policies and procedures implementing this
Section in accordance with regulations promulgated by the
State Board of Education.
(b) If the board participates in a federally funded,
school-based child nutrition program and uses a student's
application for, eligibility for, or participation in the
federally funded, school-based child nutrition program (42
U.S.C. 1758; 7 C.F.R. 245 et seq.) as the basis for waiving
fees assessed by the district, then the board must follow the
verification requirements of the federally funded,
school-based child nutrition program (42 U.S.C. 1758; 7 C.F.R.
245.6a).
If the board establishes a process for the determination

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of eligibility for waiver of all fees assessed by the district
that is completely independent of the criteria listed in
subsection (b) a student's application for, eligibility for,
or participation in a federally funded, school-based child
nutrition program, the board may provide for fee waiver
verification no more often once every academic year than every
60 calendar days. Information obtained during the independent,
fee waiver verification process indicating that the student
does not meet free lunch or breakfast eligibility guidelines
may be used to deny the waiver of the student's fees or fines
for the loss of school property, provided that any information
obtained through this independent process for determining or
verifying eligibility for fee waivers shall not be used to
determine or verify eligibility for any federally funded,
school-based child nutrition program.
This subsection shall not preclude children from obtaining
waivers at any point during the academic year.
(Source: P.A. 96-360, eff. 9-1-09.)
Section 95. No acceleration or delay. Where this Act makes
changes in a statute that is represented in this Act by text
that is not yet or no longer in effect (for example, a Section
represented by multiple versions), the use of that text does
not accelerate or delay the taking effect of (i) the changes
made by this Act or (ii) provisions derived from any other
Public Act.