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


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: (Engrossed) 2017-04-25 - Assigned to Education [HB0370 Detail]

Download: Illinois-2017-HB0370-Engrossed.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:
4Section 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) Using a format and language that is clear, simple, and
14understandable to students, each public school and charter
15school shall post, in English and Spanish:
16 (1) the current toll-free telephone number of the
17 Department of Children and Family Services' child abuse
18 hotline;
19 (2) instructions to call 9-1-1 for emergencies; and
20 (3) directions for accessing the Department of
21 Children and Family Services' website for more information
22 on reporting abuse, neglect, and exploitation.
23 Public schools and charter schools shall post the

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1information specified in this subsection (b) at each school
2campus in at least one high-traffic, highly and clearly
3visible, public area that is readily accessible to and widely
4used by students.
5(Source: P.A. 84-1308.)
6 (105 ILCS 5/27A-5)
7 Sec. 27A-5. Charter school; legal entity; requirements.
8 (a) A charter school shall be a public, nonsectarian,
9nonreligious, non-home based, and non-profit school. A charter
10school shall be organized and operated as a nonprofit
11corporation or other discrete, legal, nonprofit entity
12authorized under the laws of the State of Illinois.
13 (b) A charter school may be established under this Article
14by creating a new school or by converting an existing public
15school or attendance center to charter school status. Beginning
16on April 16, 2003 (the effective date of Public Act 93-3), in
17all new applications to establish a charter school in a city
18having a population exceeding 500,000, operation of the charter
19school shall be limited to one campus. The changes made to this
20Section by Public Act 93-3 do not apply to charter schools
21existing or approved on or before April 16, 2003 (the effective
22date of Public Act 93-3).
23 (b-5) In this subsection (b-5), "virtual-schooling" means
24a cyber school where students engage in online curriculum and
25instruction via the Internet and electronic communication with

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1their teachers at remote locations and with students
2participating at different times.
3 From April 1, 2013 through December 31, 2016, there is a
4moratorium on the establishment of charter schools with
5virtual-schooling components in school districts other than a
6school district organized under Article 34 of this Code. This
7moratorium does not apply to a charter school with
8virtual-schooling components existing or approved prior to
9April 1, 2013 or to the renewal of the charter of a charter
10school with virtual-schooling components already approved
11prior to April 1, 2013.
12 On or before March 1, 2014, the Commission shall submit to
13the General Assembly a report on the effect of
14virtual-schooling, including without limitation the effect on
15student performance, the costs associated with
16virtual-schooling, and issues with oversight. The report shall
17include policy recommendations for virtual-schooling.
18 (c) A charter school shall be administered and governed by
19its board of directors or other governing body in the manner
20provided in its charter. The governing body of a charter school
21shall be subject to the Freedom of Information Act and the Open
22Meetings Act.
23 (d) For purposes of this subsection (d), "non-curricular
24health and safety requirement" means any health and safety
25requirement created by statute or rule to provide, maintain,
26preserve, or safeguard safe or healthful conditions for

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1students and school personnel or to eliminate, reduce, or
2prevent threats to the health and safety of students and school
3personnel. "Non-curricular health and safety requirement" does
4not include any course of study or specialized instructional
5requirement for which the State Board has established goals and
6learning standards or which is designed primarily to impart
7knowledge and skills for students to master and apply as an
8outcome of their education.
9 A charter school shall comply with all non-curricular
10health and safety requirements applicable to public schools
11under the laws of the State of Illinois. On or before September
121, 2015, the State Board shall promulgate and post on its
13Internet website a list of non-curricular health and safety
14requirements that a charter school must meet. The list shall be
15updated annually no later than September 1. Any charter
16contract between a charter school and its authorizer must
17contain a provision that requires the charter school to follow
18the list of all non-curricular health and safety requirements
19promulgated by the State Board and any non-curricular health
20and safety requirements added by the State Board to such list
21during the term of the charter. Nothing in this subsection (d)
22precludes an authorizer from including non-curricular health
23and safety requirements in a charter school contract that are
24not contained in the list promulgated by the State Board,
25including non-curricular health and safety requirements of the
26authorizing local school board.

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1 (e) Except as otherwise provided in the School Code, a
2charter school shall not charge tuition; provided that a
3charter school may charge reasonable fees for textbooks,
4instructional materials, and student activities.
5 (f) A charter school shall be responsible for the
6management and operation of its fiscal affairs including, but
7not limited to, the preparation of its budget. An audit of each
8charter school's finances shall be conducted annually by an
9outside, independent contractor retained by the charter
10school. To ensure financial accountability for the use of
11public funds, on or before December 1 of every year of
12operation, each charter school shall submit to its authorizer
13and the State Board a copy of its audit and a copy of the Form
14990 the charter school filed that year with the federal
15Internal Revenue Service. In addition, if deemed necessary for
16proper financial oversight of the charter school, an authorizer
17may require quarterly financial statements from each charter
18school.
19 (g) A charter school shall comply with all provisions of
20this Article, the Illinois Educational Labor Relations Act, all
21federal and State laws and rules applicable to public schools
22that pertain to special education and the instruction of
23English learners, and its charter. A charter school is exempt
24from all other State laws and regulations in this Code
25governing public schools and local school board policies;
26however, a charter school is not exempt from the following:

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1 (1) Sections 10-21.9 and 34-18.5 of this Code regarding
2 criminal history records checks and checks of the Statewide
3 Sex Offender Database and Statewide Murderer and Violent
4 Offender Against Youth Database of applicants for
5 employment;
6 (2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and
7 34-84a of this Code regarding discipline of students;
8 (3) the Local Governmental and Governmental Employees
9 Tort Immunity Act;
10 (4) Section 108.75 of the General Not For Profit
11 Corporation Act of 1986 regarding indemnification of
12 officers, directors, employees, and agents;
13 (5) the Abused and Neglected Child Reporting Act;
14 (5.5) subsection (b) of Section 10-23.12 and
15 subsection (b) of Section 34-18.6 of this Code;
16 (6) the Illinois School Student Records Act;
17 (7) Section 10-17a of this Code regarding school report
18 cards;
19 (8) the P-20 Longitudinal Education Data System Act;
20 (9) Section 27-23.7 of this Code regarding bullying
21 prevention;
22 (10) Section 2-3.162 of this Code regarding student
23 discipline reporting; and
24 (11) Section 22-80 of this Code.
25 The change made by Public Act 96-104 to this subsection (g)
26is declaratory of existing law.

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1 (h) A charter school may negotiate and contract with a
2school district, the governing body of a State college or
3university or public community college, or any other public or
4for-profit or nonprofit private entity for: (i) the use of a
5school building and grounds or any other real property or
6facilities that the charter school desires to use or convert
7for use as a charter school site, (ii) the operation and
8maintenance thereof, and (iii) the provision of any service,
9activity, or undertaking that the charter school is required to
10perform in order to carry out the terms of its charter.
11However, a charter school that is established on or after April
1216, 2003 (the effective date of Public Act 93-3) and that
13operates in a city having a population exceeding 500,000 may
14not contract with a for-profit entity to manage or operate the
15school during the period that commences on April 16, 2003 (the
16effective date of Public Act 93-3) and concludes at the end of
17the 2004-2005 school year. Except as provided in subsection (i)
18of this Section, a school district may charge a charter school
19reasonable rent for the use of the district's buildings,
20grounds, and facilities. Any services for which a charter
21school contracts with a school district shall be provided by
22the district at cost. Any services for which a charter school
23contracts with a local school board or with the governing body
24of a State college or university or public community college
25shall be provided by the public entity at cost.
26 (i) In no event shall a charter school that is established

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1by converting an existing school or attendance center to
2charter school status be required to pay rent for space that is
3deemed available, as negotiated and provided in the charter
4agreement, in school district facilities. However, all other
5costs for the operation and maintenance of school district
6facilities that are used by the charter school shall be subject
7to negotiation between the charter school and the local school
8board and shall be set forth in the charter.
9 (j) A charter school may limit student enrollment by age or
10grade level.
11 (k) If the charter school is approved by the Commission,
12then the Commission charter school is its own local education
13agency.
14(Source: P.A. 98-16, eff. 5-24-13; 98-639, eff. 6-9-14; 98-669,
15eff. 6-26-14; 98-739, eff. 7-16-14; 98-783, eff. 1-1-15;
1698-1059, eff. 8-26-14; 98-1102, eff. 8-26-14; 99-30, eff.
177-10-15; 99-78, eff. 7-20-15; 99-245, eff. 8-3-15; 99-325, eff.
188-10-15; 99-456, eff. 9-15-16; 99-642, eff. 7-28-16.)
19 (105 ILCS 5/34-18.6) (from Ch. 122, par. 34-18.6)
20 Sec. 34-18.6. Child abuse and neglect; -detection,
21reporting, and prevention.
22 (a) The Board of Education may provide staff development
23for local school site personnel who work with pupils in grades
24kindergarten through 8, in the detection, reporting, and
25prevention of child abuse and neglect.

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1 (b) Using a format and language that is clear, simple, and
2understandable to students, each public school and charter
3school shall post, in English and Spanish:
4 (1) the current toll-free telephone number of the
5 Department of Children and Family Services' child abuse
6 hotline;
7 (2) instructions to call 9-1-1 for emergencies; and
8 (3) directions for accessing the Department of
9 Children and Family Services' website for more information
10 on reporting abuse, neglect, and exploitation.
11 Public schools and charter schools shall post the
12information specified in this subsection (b) at each school
13campus in at least one high-traffic, highly and clearly
14visible, public area that is readily accessible to and widely
15used by students.
16(Source: P.A. 84-1308.)
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