Bill Text: IL HB0370 | 2017-2018 | 100th General Assembly | Enrolled


Bill Title: Amends the School Code. Requires each public school and charter school to post (1) the current toll-free telephone number of the Department of Children and Family Services' child abuse hotline; (2) instructions to call 9-1-1 for emergencies; and (3) directions for accessing the Department's website for more information on reporting abuse, neglect, and exploitation. Sets forth other requirements concerning the posting of this information.

Spectrum: Partisan Bill (Democrat 7-0)

Status: (Enrolled) 2017-07-21 - Sent to the Governor [HB0370 Detail]

Download: Illinois-2017-HB0370-Enrolled.html



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1 AN ACT concerning education.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The School Code is amended by changing Sections
510-23.12, 27A-5, and 34-18.6 as follows:
6 (105 ILCS 5/10-23.12) (from Ch. 122, par. 10-23.12)
7 Sec. 10-23.12. Child abuse and neglect; detection,
8reporting, and prevention.
9 (a) To provide staff development for local school site
10personnel who work with pupils in grades kindergarten through
118, in the detection, reporting, and prevention of child abuse
12and neglect.
13 (b) The Department of Children and Family Services may, in
14cooperation with school officials, distribute appropriate
15materials in school buildings listing the toll-free telephone
16number established in Section 7.6 of the Abused and Neglected
17Child Reporting Act, including methods of making a report under
18Section 7 of the Abused and Neglected Child Reporting Act, to
19be displayed in a clearly visible location in each school
20building.
21(Source: P.A. 84-1308.)
22 (105 ILCS 5/27A-5)

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1 (Text of Section before amendment by P.A. 99-927)
2 Sec. 27A-5. Charter school; legal entity; requirements.
3 (a) A charter school shall be a public, nonsectarian,
4nonreligious, non-home based, and non-profit school. A charter
5school shall be organized and operated as a nonprofit
6corporation or other discrete, legal, nonprofit entity
7authorized under the laws of the State of Illinois.
8 (b) A charter school may be established under this Article
9by creating a new school or by converting an existing public
10school or attendance center to charter school status. Beginning
11on April 16, 2003 (the effective date of Public Act 93-3), in
12all new applications to establish a charter school in a city
13having a population exceeding 500,000, operation of the charter
14school shall be limited to one campus. The changes made to this
15Section by Public Act 93-3 do not apply to charter schools
16existing or approved on or before April 16, 2003 (the effective
17date of Public Act 93-3).
18 (b-5) In this subsection (b-5), "virtual-schooling" means
19a cyber school where students engage in online curriculum and
20instruction via the Internet and electronic communication with
21their teachers at remote locations and with students
22participating at different times.
23 From April 1, 2013 through December 31, 2016, there is a
24moratorium on the establishment of charter schools with
25virtual-schooling components in school districts other than a
26school district organized under Article 34 of this Code. This

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

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1knowledge and skills for students to master and apply as an
2outcome of their education.
3 A charter school shall comply with all non-curricular
4health and safety requirements applicable to public schools
5under the laws of the State of Illinois. On or before September
61, 2015, the State Board shall promulgate and post on its
7Internet website a list of non-curricular health and safety
8requirements that a charter school must meet. The list shall be
9updated annually no later than September 1. Any charter
10contract between a charter school and its authorizer must
11contain a provision that requires the charter school to follow
12the list of all non-curricular health and safety requirements
13promulgated by the State Board and any non-curricular health
14and safety requirements added by the State Board to such list
15during the term of the charter. Nothing in this subsection (d)
16precludes an authorizer from including non-curricular health
17and safety requirements in a charter school contract that are
18not contained in the list promulgated by the State Board,
19including non-curricular health and safety requirements of the
20authorizing local school board.
21 (e) Except as otherwise provided in the School Code, a
22charter school shall not charge tuition; provided that a
23charter school may charge reasonable fees for textbooks,
24instructional materials, and student activities.
25 (f) A charter school shall be responsible for the
26management and operation of its fiscal affairs including, but

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1not limited to, the preparation of its budget. An audit of each
2charter school's finances shall be conducted annually by an
3outside, independent contractor retained by the charter
4school. To ensure financial accountability for the use of
5public funds, on or before December 1 of every year of
6operation, each charter school shall submit to its authorizer
7and the State Board a copy of its audit and a copy of the Form
8990 the charter school filed that year with the federal
9Internal Revenue Service. In addition, if deemed necessary for
10proper financial oversight of the charter school, an authorizer
11may require quarterly financial statements from each charter
12school.
13 (g) A charter school shall comply with all provisions of
14this Article, the Illinois Educational Labor Relations Act, all
15federal and State laws and rules applicable to public schools
16that pertain to special education and the instruction of
17English learners, and its charter. A charter school is exempt
18from all other State laws and regulations in this Code
19governing public schools and local school board policies;
20however, a charter school is not exempt from the following:
21 (1) Sections 10-21.9 and 34-18.5 of this Code regarding
22 criminal history records checks and checks of the Statewide
23 Sex Offender Database and Statewide Murderer and Violent
24 Offender Against Youth Database of applicants for
25 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;
2 (3) the Local Governmental and Governmental Employees
3 Tort Immunity Act;
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;
11 (7) Section 10-17a of this Code regarding school report
12 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; and
18 (11) Section 22-80 of this Code.
19 The change made by Public Act 96-104 to this subsection (g)
20is declaratory of existing law.
21 (h) A charter school may negotiate and contract with a
22school district, the governing body of a State college or
23university or public community college, or any other public or
24for-profit or nonprofit private entity for: (i) the use of a
25school building and grounds or any other real property or
26facilities that the charter school desires to use or convert

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1for use as a charter school site, (ii) the operation and
2maintenance thereof, and (iii) the provision of any service,
3activity, or undertaking that the charter school is required to
4perform in order to carry out the terms of its charter.
5However, a charter school that is established on or after April
616, 2003 (the effective date of Public Act 93-3) and that
7operates in a city having a population exceeding 500,000 may
8not contract with a for-profit entity to manage or operate the
9school during the period that commences on April 16, 2003 (the
10effective date of Public Act 93-3) and concludes at the end of
11the 2004-2005 school year. Except as provided in subsection (i)
12of this Section, a school district may charge a charter school
13reasonable rent for the use of the district's buildings,
14grounds, and facilities. Any services for which a charter
15school contracts with a school district shall be provided by
16the district at cost. Any services for which a charter school
17contracts with a local school board or with the governing body
18of a State college or university or public community college
19shall be provided by the public entity at cost.
20 (i) In no event shall a charter school that is established
21by converting an existing school or attendance center to
22charter school status be required to pay rent for space that is
23deemed available, as negotiated and provided in the charter
24agreement, in school district facilities. However, all other
25costs for the operation and maintenance of school district
26facilities that are used by the charter school shall be subject

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1to negotiation between the charter school and the local school
2board and shall be set forth in the charter.
3 (j) A charter school may limit student enrollment by age or
4grade level.
5 (k) If the charter school is approved by the Commission,
6then the Commission charter school is its own local education
7agency.
8(Source: P.A. 98-16, eff. 5-24-13; 98-639, eff. 6-9-14; 98-669,
9eff. 6-26-14; 98-739, eff. 7-16-14; 98-783, eff. 1-1-15;
1098-1059, eff. 8-26-14; 98-1102, eff. 8-26-14; 99-30, eff.
117-10-15; 99-78, eff. 7-20-15; 99-245, eff. 8-3-15; 99-325, eff.
128-10-15; 99-456, eff. 9-15-16; 99-642, eff. 7-28-16.)
13 (Text of Section after amendment by P.A. 99-927)
14 Sec. 27A-5. Charter school; legal entity; requirements.
15 (a) A charter school shall be a public, nonsectarian,
16nonreligious, non-home based, and non-profit school. A charter
17school shall be organized and operated as a nonprofit
18corporation or other discrete, legal, nonprofit entity
19authorized under the laws of the State of Illinois.
20 (b) A charter school may be established under this Article
21by creating a new school or by converting an existing public
22school or attendance center to charter school status. Beginning
23on April 16, 2003 (the effective date of Public Act 93-3), in
24all new applications to establish a charter school in a city
25having a population exceeding 500,000, operation of the charter

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

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1provided in its charter. The governing body of a charter school
2shall be subject to the Freedom of Information Act and the Open
3Meetings Act.
4 (d) For purposes of this subsection (d), "non-curricular
5health and safety requirement" means any health and safety
6requirement created by statute or rule to provide, maintain,
7preserve, or safeguard safe or healthful conditions for
8students and school personnel or to eliminate, reduce, or
9prevent threats to the health and safety of students and school
10personnel. "Non-curricular health and safety requirement" does
11not include any course of study or specialized instructional
12requirement for which the State Board has established goals and
13learning standards or which is designed primarily to impart
14knowledge and skills for students to master and apply as an
15outcome of their education.
16 A charter school shall comply with all non-curricular
17health and safety requirements applicable to public schools
18under the laws of the State of Illinois. On or before September
191, 2015, the State Board shall promulgate and post on its
20Internet website a list of non-curricular health and safety
21requirements that a charter school must meet. The list shall be
22updated annually no later than September 1. Any charter
23contract between a charter school and its authorizer must
24contain a provision that requires the charter school to follow
25the list of all non-curricular health and safety requirements
26promulgated by the State Board and any non-curricular health

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1and safety requirements added by the State Board to such list
2during the term of the charter. Nothing in this subsection (d)
3precludes an authorizer from including non-curricular health
4and safety requirements in a charter school contract that are
5not contained in the list promulgated by the State Board,
6including non-curricular health and safety requirements of the
7authorizing local school board.
8 (e) Except as otherwise provided in the School Code, a
9charter school shall not charge tuition; provided that a
10charter school may charge reasonable fees for textbooks,
11instructional materials, and student activities.
12 (f) A charter school shall be responsible for the
13management and operation of its fiscal affairs including, but
14not limited to, the preparation of its budget. An audit of each
15charter school's finances shall be conducted annually by an
16outside, independent contractor retained by the charter
17school. To ensure financial accountability for the use of
18public funds, on or before December 1 of every year of
19operation, each charter school shall submit to its authorizer
20and the State Board a copy of its audit and a copy of the Form
21990 the charter school filed that year with the federal
22Internal Revenue Service. In addition, if deemed necessary for
23proper financial oversight of the charter school, an authorizer
24may require quarterly financial statements from each charter
25school.
26 (g) A charter school shall comply with all provisions of

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1this Article, the Illinois Educational Labor Relations Act, all
2federal and State laws and rules applicable to public schools
3that pertain to special education and the instruction of
4English learners, and its charter. A charter school is exempt
5from all other State laws and regulations in this Code
6governing public schools and local school board policies;
7however, a charter school is not exempt from the following:
8 (1) Sections 10-21.9 and 34-18.5 of this Code regarding
9 criminal history records checks and checks of the Statewide
10 Sex Offender Database and Statewide Murderer and Violent
11 Offender Against Youth Database of applicants for
12 employment;
13 (2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and
14 34-84a of this Code regarding discipline of students;
15 (3) the Local Governmental and Governmental Employees
16 Tort Immunity Act;
17 (4) Section 108.75 of the General Not For Profit
18 Corporation Act of 1986 regarding indemnification of
19 officers, directors, employees, and agents;
20 (5) the Abused and Neglected Child Reporting Act;
21 (5.5) subsection (b) of Section 10-23.12 and
22 subsection (b) of Section 34-18.6 of this Code;
23 (6) the Illinois School Student Records Act;
24 (7) Section 10-17a of this Code regarding school report
25 cards;
26 (8) the P-20 Longitudinal Education Data System Act;

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1 (9) Section 27-23.7 of this Code regarding bullying
2 prevention;
3 (10) Section 2-3.162 of this Code regarding student
4 discipline reporting; and
5 (11) Sections 22-80 and 27-8.1 of this Code.
6 The change made by Public Act 96-104 to this subsection (g)
7is declaratory of existing law.
8 (h) A charter school may negotiate and contract with a
9school district, the governing body of a State college or
10university or public community college, or any other public or
11for-profit or nonprofit private entity for: (i) the use of a
12school building and grounds or any other real property or
13facilities that the charter school desires to use or convert
14for use as a charter school site, (ii) the operation and
15maintenance thereof, and (iii) the provision of any service,
16activity, or undertaking that the charter school is required to
17perform in order to carry out the terms of its charter.
18However, a charter school that is established on or after April
1916, 2003 (the effective date of Public Act 93-3) and that
20operates in a city having a population exceeding 500,000 may
21not contract with a for-profit entity to manage or operate the
22school during the period that commences on April 16, 2003 (the
23effective date of Public Act 93-3) and concludes at the end of
24the 2004-2005 school year. Except as provided in subsection (i)
25of this Section, a school district may charge a charter school
26reasonable rent for the use of the district's buildings,

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1grounds, and facilities. Any services for which a charter
2school contracts with a school district shall be provided by
3the district at cost. Any services for which a charter school
4contracts with a local school board or with the governing body
5of a State college or university or public community college
6shall be provided by the public entity at cost.
7 (i) In no event shall a charter school that is established
8by converting an existing school or attendance center to
9charter school status be required to pay rent for space that is
10deemed available, as negotiated and provided in the charter
11agreement, in school district facilities. However, all other
12costs for the operation and maintenance of school district
13facilities that are used by the charter school shall be subject
14to negotiation between the charter school and the local school
15board and shall be set forth in the charter.
16 (j) A charter school may limit student enrollment by age or
17grade level.
18 (k) If the charter school is approved by the Commission,
19then the Commission charter school is its own local education
20agency.
21(Source: P.A. 98-16, eff. 5-24-13; 98-639, eff. 6-9-14; 98-669,
22eff. 6-26-14; 98-739, eff. 7-16-14; 98-783, eff. 1-1-15;
2398-1059, eff. 8-26-14; 98-1102, eff. 8-26-14; 99-30, eff.
247-10-15; 99-78, eff. 7-20-15; 99-245, eff. 8-3-15; 99-325, eff.
258-10-15; 99-456, eff. 9-15-16; 99-642, eff. 7-28-16; 99-927,
26eff. 6-1-17.)

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1 (105 ILCS 5/34-18.6) (from Ch. 122, par. 34-18.6)
2 Sec. 34-18.6. Child abuse and neglect; -detection,
3reporting, and prevention.
4 (a) The Board of Education may provide staff development
5for local school site personnel who work with pupils in grades
6kindergarten through 8, in the detection, reporting, and
7prevention of child abuse and neglect.
8 (b) The Department of Children and Family Services may, in
9cooperation with school officials, distribute appropriate
10materials in school buildings listing the toll-free telephone
11number established in Section 7.6 of the Abused and Neglected
12Child Reporting Act, including methods of making a report under
13Section 7 of the Abused and Neglected Child Reporting Act, to
14be displayed in a clearly visible location in each school
15building.
16(Source: P.A. 84-1308.)
17 Section 95. No acceleration or delay. Where this Act makes
18changes in a statute that is represented in this Act by text
19that is not yet or no longer in effect (for example, a Section
20represented by multiple versions), the use of that text does
21not accelerate or delay the taking effect of (i) the changes
22made by this Act or (ii) provisions derived from any other
23Public Act.
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