Bill Text: IL HB3139 | 2017-2018 | 100th General Assembly | Engrossed


Bill Title: Amends the School Code. Provides that beginning July 1, 2018, every school district, charter school, or alternative school or any school receiving public funds shall collect and review its chronic absence data and determine what systems of support and resources are needed to engage chronically absent students and their families to encourage the habit of daily attendance and promote success. Provides that school districts, charter schools, or alternative schools or any school receiving public funds shall provide a system of support to students who are at risk of reaching or exceeding chronic absence levels with strategies such as those available through the Illinois Multi-tiered Systems of Support Network. Requires schools to make resources available to support and engage students. Makes conforming changes.

Spectrum: Moderate Partisan Bill (Democrat 4-1)

Status: (Enrolled) 2017-05-25 - Passed Both Houses [HB3139 Detail]

Download: Illinois-2017-HB3139-Engrossed.html



HB3139 EngrossedLRB100 09668 MLM 19837 b
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 Section
527A-5 and by adding Section 26-18 as follows:
6 (105 ILCS 5/26-18 new)
7 Sec. 26-18. Chronic absenteeism report and support.
8 (a) As used in this Section:
9 "Chronic absence" means absences that total 10% or more of
10school days of the most recent academic school year, including
11absences with and without valid cause, as defined in Section
1226-2a of this Code, and out-of-school suspensions for an
13enrolled student.
14 "Student" means any enrolled student that is subject to
15compulsory attendance under Section 26-1 of this Code but does
16not mean a student for whom a documented homebound or hospital
17record is on file during the student's absence from school.
18 (b) The General Assembly finds that:
19 (1) The early years are a critical period in children's
20 learning and development. Every child should be counted
21 present every day. Every day of school matters.
22 (2) Being absent too many days from school can make it
23 difficult for students to stay on-track academically and

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1 maintain the momentum to graduate from high school in order
2 to be college-or career-ready.
3 (3) Every day of school attendance matters for all
4 students and their families. It is crucial, therefore, that
5 the implications of chronic absence be understood and
6 reviewed regularly.
7 (c) Beginning July 1, 2018, every school district, charter
8school, or alternative school or any school receiving public
9funds shall collect and review its chronic absence data and
10determine what systems of support and resources are needed to
11engage chronically absent students and their families to
12encourage the habit of daily attendance and promote success.
13The review shall include an analysis of chronic absence data
14from each attendance center or campus of the school district,
15charter school, or alternative school or other school receiving
16public funds.
17 (d) School districts, charter schools, or alternative
18schools or any school receiving public funds are encouraged to
19provide a system of support to students who are at risk of
20reaching or exceeding chronic absence levels with strategies
21such as those available through the Illinois Multi-tiered
22Systems of Support Network. Schools additionally are
23encouraged to make resources available to families such as
24those available through the State Board of Education's Family
25Engagement Framework to support and engage students and their
26families to encourage heightened school engagement and

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1improved daily school attendance.
2 (105 ILCS 5/27A-5)
3 (Text of Section before amendment by P.A. 99-927)
4 Sec. 27A-5. Charter school; legal entity; requirements.
5 (a) A charter school shall be a public, nonsectarian,
6nonreligious, non-home based, and non-profit school. A charter
7school shall be organized and operated as a nonprofit
8corporation or other discrete, legal, nonprofit entity
9authorized under the laws of the State of Illinois.
10 (b) A charter school may be established under this Article
11by creating a new school or by converting an existing public
12school or attendance center to charter school status. Beginning
13on April 16, 2003 (the effective date of Public Act 93-3), in
14all new applications to establish a charter school in a city
15having a population exceeding 500,000, operation of the charter
16school shall be limited to one campus. The changes made to this
17Section by Public Act 93-3 do not apply to charter schools
18existing or approved on or before April 16, 2003 (the effective
19date of Public Act 93-3).
20 (b-5) In this subsection (b-5), "virtual-schooling" means
21a cyber school where students engage in online curriculum and
22instruction via the Internet and electronic communication with
23their teachers at remote locations and with students
24participating at different times.
25 From April 1, 2013 through December 31, 2016, there is a

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

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1not include any course of study or specialized instructional
2requirement for which the State Board has established goals and
3learning standards or which is designed primarily to impart
4knowledge and skills for students to master and apply as an
5outcome of their education.
6 A charter school shall comply with all non-curricular
7health and safety requirements applicable to public schools
8under the laws of the State of Illinois. On or before September
91, 2015, the State Board shall promulgate and post on its
10Internet website a list of non-curricular health and safety
11requirements that a charter school must meet. The list shall be
12updated annually no later than September 1. Any charter
13contract between a charter school and its authorizer must
14contain a provision that requires the charter school to follow
15the list of all non-curricular health and safety requirements
16promulgated by the State Board and any non-curricular health
17and safety requirements added by the State Board to such list
18during the term of the charter. Nothing in this subsection (d)
19precludes an authorizer from including non-curricular health
20and safety requirements in a charter school contract that are
21not contained in the list promulgated by the State Board,
22including non-curricular health and safety requirements of the
23authorizing local school board.
24 (e) Except as otherwise provided in the School Code, a
25charter school shall not charge tuition; provided that a
26charter school may charge reasonable fees for textbooks,

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1instructional materials, and student activities.
2 (f) A charter school shall be responsible for the
3management and operation of its fiscal affairs including, but
4not limited to, the preparation of its budget. An audit of each
5charter school's finances shall be conducted annually by an
6outside, independent contractor retained by the charter
7school. To ensure financial accountability for the use of
8public funds, on or before December 1 of every year of
9operation, each charter school shall submit to its authorizer
10and the State Board a copy of its audit and a copy of the Form
11990 the charter school filed that year with the federal
12Internal Revenue Service. In addition, if deemed necessary for
13proper financial oversight of the charter school, an authorizer
14may require quarterly financial statements from each charter
15school.
16 (g) A charter school shall comply with all provisions of
17this Article, the Illinois Educational Labor Relations Act, all
18federal and State laws and rules applicable to public schools
19that pertain to special education and the instruction of
20English learners, and its charter. A charter school is exempt
21from all other State laws and regulations in this Code
22governing public schools and local school board policies;
23however, a charter school is not exempt from the following:
24 (1) Sections 10-21.9 and 34-18.5 of this Code regarding
25 criminal history records checks and checks of the Statewide
26 Sex Offender Database and Statewide Murderer and Violent

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1 Offender Against Youth Database of applicants for
2 employment;
3 (2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and
4 34-84a of this Code regarding discipline of students;
5 (3) the Local Governmental and Governmental Employees
6 Tort Immunity Act;
7 (4) Section 108.75 of the General Not For Profit
8 Corporation Act of 1986 regarding indemnification of
9 officers, directors, employees, and agents;
10 (5) the Abused and Neglected Child Reporting Act;
11 (6) the Illinois School Student Records Act;
12 (7) Section 10-17a of this Code regarding school report
13 cards;
14 (8) the P-20 Longitudinal Education Data System Act;
15 (9) Section 27-23.7 of this Code regarding bullying
16 prevention;
17 (10) Section 2-3.162 of this Code regarding student
18 discipline reporting; and
19 (11) Section 22-80 of this Code; and .
20 (12) Section 26-18 of this Code.
21 The change made by Public Act 96-104 to this subsection (g)
22is declaratory of existing law.
23 (h) A charter school may negotiate and contract with a
24school district, the governing body of a State college or
25university or public community college, or any other public or
26for-profit or nonprofit private entity for: (i) the use of a

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1school building and grounds or any other real property or
2facilities that the charter school desires to use or convert
3for use as a charter school site, (ii) the operation and
4maintenance thereof, and (iii) the provision of any service,
5activity, or undertaking that the charter school is required to
6perform in order to carry out the terms of its charter.
7However, a charter school that is established on or after April
816, 2003 (the effective date of Public Act 93-3) and that
9operates in a city having a population exceeding 500,000 may
10not contract with a for-profit entity to manage or operate the
11school during the period that commences on April 16, 2003 (the
12effective date of Public Act 93-3) and concludes at the end of
13the 2004-2005 school year. Except as provided in subsection (i)
14of this Section, a school district may charge a charter school
15reasonable rent for the use of the district's buildings,
16grounds, and facilities. Any services for which a charter
17school contracts with a school district shall be provided by
18the district at cost. Any services for which a charter school
19contracts with a local school board or with the governing body
20of a State college or university or public community college
21shall be provided by the public entity at cost.
22 (i) In no event shall a charter school that is established
23by converting an existing school or attendance center to
24charter school status be required to pay rent for space that is
25deemed available, as negotiated and provided in the charter
26agreement, in school district facilities. However, all other

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1costs for the operation and maintenance of school district
2facilities that are used by the charter school shall be subject
3to negotiation between the charter school and the local school
4board and shall be set forth in the charter.
5 (j) A charter school may limit student enrollment by age or
6grade level.
7 (k) If the charter school is approved by the Commission,
8then the Commission charter school is its own local education
9agency.
10(Source: P.A. 98-16, eff. 5-24-13; 98-639, eff. 6-9-14; 98-669,
11eff. 6-26-14; 98-739, eff. 7-16-14; 98-783, eff. 1-1-15;
1298-1059, eff. 8-26-14; 98-1102, eff. 8-26-14; 99-30, eff.
137-10-15; 99-78, eff. 7-20-15; 99-245, eff. 8-3-15; 99-325, eff.
148-10-15; 99-456, eff. 9-15-16; 99-642, eff. 7-28-16.)
15 (Text of Section after amendment by P.A. 99-927)
16 Sec. 27A-5. Charter school; legal entity; requirements.
17 (a) A charter school shall be a public, nonsectarian,
18nonreligious, non-home based, and non-profit school. A charter
19school shall be organized and operated as a nonprofit
20corporation or other discrete, legal, nonprofit entity
21authorized under the laws of the State of Illinois.
22 (b) A charter school may be established under this Article
23by creating a new school or by converting an existing public
24school or attendance center to charter school status. Beginning
25on April 16, 2003 (the effective date of Public Act 93-3), in

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1all new applications to establish a charter school in a city
2having a population exceeding 500,000, operation of the charter
3school shall be limited to one campus. The changes made to this
4Section by Public Act 93-3 do not apply to charter schools
5existing or approved on or before April 16, 2003 (the effective
6date of Public Act 93-3).
7 (b-5) In this subsection (b-5), "virtual-schooling" means
8a cyber school where students engage in online curriculum and
9instruction via the Internet and electronic communication with
10their teachers at remote locations and with students
11participating at different times.
12 From April 1, 2013 through December 31, 2016, there is a
13moratorium on the establishment of charter schools with
14virtual-schooling components in school districts other than a
15school district organized under Article 34 of this Code. This
16moratorium does not apply to a charter school with
17virtual-schooling components existing or approved prior to
18April 1, 2013 or to the renewal of the charter of a charter
19school with virtual-schooling components already approved
20prior to April 1, 2013.
21 On or before March 1, 2014, the Commission shall submit to
22the General Assembly a report on the effect of
23virtual-schooling, including without limitation the effect on
24student performance, the costs associated with
25virtual-schooling, and issues with oversight. The report shall
26include policy recommendations for virtual-schooling.

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1 (c) A charter school shall be administered and governed by
2its board of directors or other governing body in the manner
3provided in its charter. The governing body of a charter school
4shall be subject to the Freedom of Information Act and the Open
5Meetings Act.
6 (d) For purposes of this subsection (d), "non-curricular
7health and safety requirement" means any health and safety
8requirement created by statute or rule to provide, maintain,
9preserve, or safeguard safe or healthful conditions for
10students and school personnel or to eliminate, reduce, or
11prevent threats to the health and safety of students and school
12personnel. "Non-curricular health and safety requirement" does
13not include any course of study or specialized instructional
14requirement for which the State Board has established goals and
15learning standards or which is designed primarily to impart
16knowledge and skills for students to master and apply as an
17outcome of their education.
18 A charter school shall comply with all non-curricular
19health and safety requirements applicable to public schools
20under the laws of the State of Illinois. On or before September
211, 2015, the State Board shall promulgate and post on its
22Internet website a list of non-curricular health and safety
23requirements that a charter school must meet. The list shall be
24updated annually no later than September 1. Any charter
25contract between a charter school and its authorizer must
26contain a provision that requires the charter school to follow

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1the list of all non-curricular health and safety requirements
2promulgated by the State Board and any non-curricular health
3and safety requirements added by the State Board to such list
4during the term of the charter. Nothing in this subsection (d)
5precludes an authorizer from including non-curricular health
6and safety requirements in a charter school contract that are
7not contained in the list promulgated by the State Board,
8including non-curricular health and safety requirements of the
9authorizing local school board.
10 (e) Except as otherwise provided in the School Code, a
11charter school shall not charge tuition; provided that a
12charter school may charge reasonable fees for textbooks,
13instructional materials, and student activities.
14 (f) A charter school shall be responsible for the
15management and operation of its fiscal affairs including, but
16not limited to, the preparation of its budget. An audit of each
17charter school's finances shall be conducted annually by an
18outside, independent contractor retained by the charter
19school. To ensure financial accountability for the use of
20public funds, on or before December 1 of every year of
21operation, each charter school shall submit to its authorizer
22and the State Board a copy of its audit and a copy of the Form
23990 the charter school filed that year with the federal
24Internal Revenue Service. In addition, if deemed necessary for
25proper financial oversight of the charter school, an authorizer
26may require quarterly financial statements from each charter

HB3139 Engrossed- 13 -LRB100 09668 MLM 19837 b
1school.
2 (g) A charter school shall comply with all provisions of
3this Article, the Illinois Educational Labor Relations Act, all
4federal and State laws and rules applicable to public schools
5that pertain to special education and the instruction of
6English learners, and its charter. A charter school is exempt
7from all other State laws and regulations in this Code
8governing public schools and local school board policies;
9however, a charter school is not exempt from the following:
10 (1) Sections 10-21.9 and 34-18.5 of this Code regarding
11 criminal history records checks and checks of the Statewide
12 Sex Offender Database and Statewide Murderer and Violent
13 Offender Against Youth Database of applicants for
14 employment;
15 (2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and
16 34-84a of this Code regarding discipline of students;
17 (3) the Local Governmental and Governmental Employees
18 Tort Immunity Act;
19 (4) Section 108.75 of the General Not For Profit
20 Corporation Act of 1986 regarding indemnification of
21 officers, directors, employees, and agents;
22 (5) the Abused and Neglected Child Reporting Act;
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; and .
6 (12) Section 26-18 of this Code.
7 The change made by Public Act 96-104 to this subsection (g)
8is declaratory of existing law.
9 (h) A charter school may negotiate and contract with a
10school district, the governing body of a State college or
11university or public community college, or any other public or
12for-profit or nonprofit private entity for: (i) the use of a
13school building and grounds or any other real property or
14facilities that the charter school desires to use or convert
15for use as a charter school site, (ii) the operation and
16maintenance thereof, and (iii) the provision of any service,
17activity, or undertaking that the charter school is required to
18perform in order to carry out the terms of its charter.
19However, a charter school that is established on or after April
2016, 2003 (the effective date of Public Act 93-3) and that
21operates in a city having a population exceeding 500,000 may
22not contract with a for-profit entity to manage or operate the
23school during the period that commences on April 16, 2003 (the
24effective date of Public Act 93-3) and concludes at the end of
25the 2004-2005 school year. Except as provided in subsection (i)
26of this Section, a school district may charge a charter school

HB3139 Engrossed- 15 -LRB100 09668 MLM 19837 b
1reasonable rent for the use of the district's buildings,
2grounds, and facilities. Any services for which a charter
3school contracts with a school district shall be provided by
4the district at cost. Any services for which a charter school
5contracts with a local school board or with the governing body
6of a State college or university or public community college
7shall be provided by the public entity at cost.
8 (i) In no event shall a charter school that is established
9by converting an existing school or attendance center to
10charter school status be required to pay rent for space that is
11deemed available, as negotiated and provided in the charter
12agreement, in school district facilities. However, all other
13costs for the operation and maintenance of school district
14facilities that are used by the charter school shall be subject
15to negotiation between the charter school and the local school
16board and shall be set forth in the charter.
17 (j) A charter school may limit student enrollment by age or
18grade level.
19 (k) If the charter school is approved by the Commission,
20then the Commission charter school is its own local education
21agency.
22(Source: P.A. 98-16, eff. 5-24-13; 98-639, eff. 6-9-14; 98-669,
23eff. 6-26-14; 98-739, eff. 7-16-14; 98-783, eff. 1-1-15;
2498-1059, eff. 8-26-14; 98-1102, eff. 8-26-14; 99-30, eff.
257-10-15; 99-78, eff. 7-20-15; 99-245, eff. 8-3-15; 99-325, eff.
268-10-15; 99-456, eff. 9-15-16; 99-642, eff. 7-28-16; 99-927,

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1eff. 6-1-17.)
2 Section 95. No acceleration or delay. Where this Act makes
3changes in a statute that is represented in this Act by text
4that is not yet or no longer in effect (for example, a Section
5represented by multiple versions), the use of that text does
6not accelerate or delay the taking effect of (i) the changes
7made by this Act or (ii) provisions derived from any other
8Public Act.
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