Bill Text: IL HB3215 | 2017-2018 | 100th General Assembly | Enrolled


Bill Title: Amends the School Code. Requires a school district to make feminine hygiene products available, at no cost to students, in the bathrooms of school buildings. Provides that this requirement also applies to charter schools.

Spectrum: Partisan Bill (Democrat 30-0)

Status: (Enrolled) 2017-06-23 - Sent to the Governor [HB3215 Detail]

Download: Illinois-2017-HB3215-Enrolled.html



HB3215 EnrolledLRB100 10211 NHT 20393 b
1 AN ACT concerning education, which may be referred to as
2the Learn with Dignity Act.
3 Be it enacted by the People of the State of Illinois,
4represented in the General Assembly:
5 Section 5. The School Code is amended by adding Sections
610-20.60 and 34-18.53 and by changing Section 27A-5 as follows:
7 (105 ILCS 5/10-20.60 new)
8 Sec. 10-20.60. Availability of feminine hygiene products.
9 (a) The General Assembly finds the following:
10 (1) Feminine hygiene products are a health care
11 necessity and not an item that can be foregone or
12 substituted easily.
13 (2) Access to feminine hygiene products is a serious
14 and ongoing need in this State.
15 (3) When students do not have access to affordable
16 feminine hygiene products, they may miss multiple days of
17 school every month.
18 (4) When students have access to quality feminine
19 hygiene products, they are able to continue with their
20 daily lives with minimal interruption.
21 (b) In this Section:
22 "Feminine hygiene products" means tampons and sanitary
23napkins for use in connection with the menstrual cycle.

HB3215 Enrolled- 2 -LRB100 10211 NHT 20393 b
1 "School building" means any facility (i) that is owned or
2leased by a school district or over which the school board has
3care, custody, and control and (ii) in which there is a public
4school serving students in grades 6 through 12.
5 (c) A school district shall make feminine hygiene products
6available, at no cost to students, in the bathrooms of school
7buildings.
8 (105 ILCS 5/27A-5)
9 (Text of Section before amendment by P.A. 99-927)
10 Sec. 27A-5. Charter school; legal entity; requirements.
11 (a) A charter school shall be a public, nonsectarian,
12nonreligious, non-home based, and non-profit school. A charter
13school shall be organized and operated as a nonprofit
14corporation or other discrete, legal, nonprofit entity
15authorized under the laws of the State of Illinois.
16 (b) A charter school may be established under this Article
17by creating a new school or by converting an existing public
18school or attendance center to charter school status. Beginning
19on April 16, 2003 (the effective date of Public Act 93-3), in
20all new applications to establish a charter school in a city
21having a population exceeding 500,000, operation of the charter
22school shall be limited to one campus. The changes made to this
23Section by Public Act 93-3 do not apply to charter schools
24existing or approved on or before April 16, 2003 (the effective
25date of Public Act 93-3).

HB3215 Enrolled- 3 -LRB100 10211 NHT 20393 b
1 (b-5) In this subsection (b-5), "virtual-schooling" means
2a cyber school where students engage in online curriculum and
3instruction via the Internet and electronic communication with
4their teachers at remote locations and with students
5participating at different times.
6 From April 1, 2013 through December 31, 2016, there is a
7moratorium on the establishment of charter schools with
8virtual-schooling components in school districts other than a
9school district organized under Article 34 of this Code. This
10moratorium does not apply to a charter school with
11virtual-schooling components existing or approved prior to
12April 1, 2013 or to the renewal of the charter of a charter
13school with virtual-schooling components already approved
14prior to April 1, 2013.
15 On or before March 1, 2014, the Commission shall submit to
16the General Assembly a report on the effect of
17virtual-schooling, including without limitation the effect on
18student performance, the costs associated with
19virtual-schooling, and issues with oversight. The report shall
20include policy recommendations for virtual-schooling.
21 (c) A charter school shall be administered and governed by
22its board of directors or other governing body in the manner
23provided in its charter. The governing body of a charter school
24shall be subject to the Freedom of Information Act and the Open
25Meetings Act.
26 (d) For purposes of this subsection (d), "non-curricular

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1health and safety requirement" means any health and safety
2requirement created by statute or rule to provide, maintain,
3preserve, or safeguard safe or healthful conditions for
4students and school personnel or to eliminate, reduce, or
5prevent threats to the health and safety of students and school
6personnel. "Non-curricular health and safety requirement" does
7not include any course of study or specialized instructional
8requirement for which the State Board has established goals and
9learning standards or which is designed primarily to impart
10knowledge and skills for students to master and apply as an
11outcome of their education.
12 A charter school shall comply with all non-curricular
13health and safety requirements applicable to public schools
14under the laws of the State of Illinois. On or before September
151, 2015, the State Board shall promulgate and post on its
16Internet website a list of non-curricular health and safety
17requirements that a charter school must meet. The list shall be
18updated annually no later than September 1. Any charter
19contract between a charter school and its authorizer must
20contain a provision that requires the charter school to follow
21the list of all non-curricular health and safety requirements
22promulgated by the State Board and any non-curricular health
23and safety requirements added by the State Board to such list
24during the term of the charter. Nothing in this subsection (d)
25precludes an authorizer from including non-curricular health
26and safety requirements in a charter school contract that are

HB3215 Enrolled- 5 -LRB100 10211 NHT 20393 b
1not contained in the list promulgated by the State Board,
2including non-curricular health and safety requirements of the
3authorizing local school board.
4 (e) Except as otherwise provided in the School Code, a
5charter school shall not charge tuition; provided that a
6charter school may charge reasonable fees for textbooks,
7instructional materials, and student activities.
8 (f) A charter school shall be responsible for the
9management and operation of its fiscal affairs including, but
10not limited to, the preparation of its budget. An audit of each
11charter school's finances shall be conducted annually by an
12outside, independent contractor retained by the charter
13school. To ensure financial accountability for the use of
14public funds, on or before December 1 of every year of
15operation, each charter school shall submit to its authorizer
16and the State Board a copy of its audit and a copy of the Form
17990 the charter school filed that year with the federal
18Internal Revenue Service. In addition, if deemed necessary for
19proper financial oversight of the charter school, an authorizer
20may require quarterly financial statements from each charter
21school.
22 (g) A charter school shall comply with all provisions of
23this Article, the Illinois Educational Labor Relations Act, all
24federal and State laws and rules applicable to public schools
25that pertain to special education and the instruction of
26English learners, and its charter. A charter school is exempt

HB3215 Enrolled- 6 -LRB100 10211 NHT 20393 b
1from all other State laws and regulations in this Code
2governing public schools and local school board policies;
3however, a charter school is not exempt from the following:
4 (1) Sections 10-21.9 and 34-18.5 of this Code regarding
5 criminal history records checks and checks of the Statewide
6 Sex Offender Database and Statewide Murderer and Violent
7 Offender Against Youth Database of applicants for
8 employment;
9 (2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and
10 34-84a of this Code regarding discipline of students;
11 (3) the Local Governmental and Governmental Employees
12 Tort Immunity Act;
13 (4) Section 108.75 of the General Not For Profit
14 Corporation Act of 1986 regarding indemnification of
15 officers, directors, employees, and agents;
16 (5) the Abused and Neglected Child Reporting Act;
17 (6) the Illinois School Student Records Act;
18 (7) Section 10-17a of this Code regarding school report
19 cards;
20 (8) the P-20 Longitudinal Education Data System Act;
21 (9) Section 27-23.7 of this Code regarding bullying
22 prevention;
23 (10) Section 2-3.162 of this Code regarding student
24 discipline reporting; and
25 (11) Section 22-80 of this Code; and .
26 (12) Sections 10-20.60 and 34-18.53 of this Code.

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1 The change made by Public Act 96-104 to this subsection (g)
2is declaratory of existing law.
3 (h) A charter school may negotiate and contract with a
4school district, the governing body of a State college or
5university or public community college, or any other public or
6for-profit or nonprofit private entity for: (i) the use of a
7school building and grounds or any other real property or
8facilities that the charter school desires to use or convert
9for use as a charter school site, (ii) the operation and
10maintenance thereof, and (iii) the provision of any service,
11activity, or undertaking that the charter school is required to
12perform in order to carry out the terms of its charter.
13However, a charter school that is established on or after April
1416, 2003 (the effective date of Public Act 93-3) and that
15operates in a city having a population exceeding 500,000 may
16not contract with a for-profit entity to manage or operate the
17school during the period that commences on April 16, 2003 (the
18effective date of Public Act 93-3) and concludes at the end of
19the 2004-2005 school year. Except as provided in subsection (i)
20of this Section, a school district may charge a charter school
21reasonable rent for the use of the district's buildings,
22grounds, and facilities. Any services for which a charter
23school contracts with a school district shall be provided by
24the district at cost. Any services for which a charter school
25contracts with a local school board or with the governing body
26of a State college or university or public community college

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1shall be provided by the public entity at cost.
2 (i) In no event shall a charter school that is established
3by converting an existing school or attendance center to
4charter school status be required to pay rent for space that is
5deemed available, as negotiated and provided in the charter
6agreement, in school district facilities. However, all other
7costs for the operation and maintenance of school district
8facilities that are used by the charter school shall be subject
9to negotiation between the charter school and the local school
10board and shall be set forth in the charter.
11 (j) A charter school may limit student enrollment by age or
12grade level.
13 (k) If the charter school is approved by the Commission,
14then the Commission charter school is its own local education
15agency.
16(Source: P.A. 98-16, eff. 5-24-13; 98-639, eff. 6-9-14; 98-669,
17eff. 6-26-14; 98-739, eff. 7-16-14; 98-783, eff. 1-1-15;
1898-1059, eff. 8-26-14; 98-1102, eff. 8-26-14; 99-30, eff.
197-10-15; 99-78, eff. 7-20-15; 99-245, eff. 8-3-15; 99-325, eff.
208-10-15; 99-456, eff. 9-15-16; 99-642, eff. 7-28-16.)
21 (Text of Section after amendment by P.A. 99-927)
22 Sec. 27A-5. Charter school; legal entity; requirements.
23 (a) A charter school shall be a public, nonsectarian,
24nonreligious, non-home based, and non-profit school. A charter
25school shall be organized and operated as a nonprofit

HB3215 Enrolled- 9 -LRB100 10211 NHT 20393 b
1corporation or other discrete, legal, nonprofit entity
2authorized under the laws of the State of Illinois.
3 (b) A charter school may be established under this Article
4by creating a new school or by converting an existing public
5school or attendance center to charter school status. Beginning
6on April 16, 2003 (the effective date of Public Act 93-3), in
7all new applications to establish a charter school in a city
8having a population exceeding 500,000, operation of the charter
9school shall be limited to one campus. The changes made to this
10Section by Public Act 93-3 do not apply to charter schools
11existing or approved on or before April 16, 2003 (the effective
12date of Public Act 93-3).
13 (b-5) In this subsection (b-5), "virtual-schooling" means
14a cyber school where students engage in online curriculum and
15instruction via the Internet and electronic communication with
16their teachers at remote locations and with students
17participating at different times.
18 From April 1, 2013 through December 31, 2016, there is a
19moratorium on the establishment of charter schools with
20virtual-schooling components in school districts other than a
21school district organized under Article 34 of this Code. This
22moratorium does not apply to a charter school with
23virtual-schooling components existing or approved prior to
24April 1, 2013 or to the renewal of the charter of a charter
25school with virtual-schooling components already approved
26prior to April 1, 2013.

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

HB3215 Enrolled- 11 -LRB100 10211 NHT 20393 b
11, 2015, the State Board shall promulgate and post on its
2Internet website a list of non-curricular health and safety
3requirements that a charter school must meet. The list shall be
4updated annually no later than September 1. Any charter
5contract between a charter school and its authorizer must
6contain a provision that requires the charter school to follow
7the list of all non-curricular health and safety requirements
8promulgated by the State Board and any non-curricular health
9and safety requirements added by the State Board to such list
10during the term of the charter. Nothing in this subsection (d)
11precludes an authorizer from including non-curricular health
12and safety requirements in a charter school contract that are
13not contained in the list promulgated by the State Board,
14including non-curricular health and safety requirements of the
15authorizing local school board.
16 (e) Except as otherwise provided in the School Code, a
17charter school shall not charge tuition; provided that a
18charter school may charge reasonable fees for textbooks,
19instructional materials, and student activities.
20 (f) A charter school shall be responsible for the
21management and operation of its fiscal affairs including, but
22not limited to, the preparation of its budget. An audit of each
23charter school's finances shall be conducted annually by an
24outside, independent contractor retained by the charter
25school. To ensure financial accountability for the use of
26public funds, on or before December 1 of every year of

HB3215 Enrolled- 12 -LRB100 10211 NHT 20393 b
1operation, each charter school shall submit to its authorizer
2and the State Board a copy of its audit and a copy of the Form
3990 the charter school filed that year with the federal
4Internal Revenue Service. In addition, if deemed necessary for
5proper financial oversight of the charter school, an authorizer
6may require quarterly financial statements from each charter
7school.
8 (g) A charter school shall comply with all provisions of
9this Article, the Illinois Educational Labor Relations Act, all
10federal and State laws and rules applicable to public schools
11that pertain to special education and the instruction of
12English learners, and its charter. A charter school is exempt
13from all other State laws and regulations in this Code
14governing public schools and local school board policies;
15however, a charter school is not exempt from the following:
16 (1) Sections 10-21.9 and 34-18.5 of this Code regarding
17 criminal history records checks and checks of the Statewide
18 Sex Offender Database and Statewide Murderer and Violent
19 Offender Against Youth Database of applicants for
20 employment;
21 (2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and
22 34-84a of this Code regarding discipline of students;
23 (3) the Local Governmental and Governmental Employees
24 Tort Immunity Act;
25 (4) Section 108.75 of the General Not For Profit
26 Corporation Act of 1986 regarding indemnification of

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1 officers, directors, employees, and agents;
2 (5) the Abused and Neglected Child Reporting Act;
3 (6) the Illinois School Student Records Act;
4 (7) Section 10-17a of this Code regarding school report
5 cards;
6 (8) the P-20 Longitudinal Education Data System Act;
7 (9) Section 27-23.7 of this Code regarding bullying
8 prevention;
9 (10) Section 2-3.162 of this Code regarding student
10 discipline reporting; and
11 (11) Sections 22-80 and 27-8.1 of this Code; and .
12 (12) Sections 10-20.60 and 34-18.53 of this Code.
13 The change made by Public Act 96-104 to this subsection (g)
14is declaratory of existing law.
15 (h) A charter school may negotiate and contract with a
16school district, the governing body of a State college or
17university or public community college, or any other public or
18for-profit or nonprofit private entity for: (i) the use of a
19school building and grounds or any other real property or
20facilities that the charter school desires to use or convert
21for use as a charter school site, (ii) the operation and
22maintenance thereof, and (iii) the provision of any service,
23activity, or undertaking that the charter school is required to
24perform in order to carry out the terms of its charter.
25However, a charter school that is established on or after April
2616, 2003 (the effective date of Public Act 93-3) and that

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1operates in a city having a population exceeding 500,000 may
2not contract with a for-profit entity to manage or operate the
3school during the period that commences on April 16, 2003 (the
4effective date of Public Act 93-3) and concludes at the end of
5the 2004-2005 school year. Except as provided in subsection (i)
6of this Section, a school district may charge a charter school
7reasonable rent for the use of the district's buildings,
8grounds, and facilities. Any services for which a charter
9school contracts with a school district shall be provided by
10the district at cost. Any services for which a charter school
11contracts with a local school board or with the governing body
12of a State college or university or public community college
13shall be provided by the public entity at cost.
14 (i) In no event shall a charter school that is established
15by converting an existing school or attendance center to
16charter school status be required to pay rent for space that is
17deemed available, as negotiated and provided in the charter
18agreement, in school district facilities. However, all other
19costs for the operation and maintenance of school district
20facilities that are used by the charter school shall be subject
21to negotiation between the charter school and the local school
22board and shall be set forth in the charter.
23 (j) A charter school may limit student enrollment by age or
24grade level.
25 (k) If the charter school is approved by the Commission,
26then the Commission charter school is its own local education

HB3215 Enrolled- 15 -LRB100 10211 NHT 20393 b
1agency.
2(Source: P.A. 98-16, eff. 5-24-13; 98-639, eff. 6-9-14; 98-669,
3eff. 6-26-14; 98-739, eff. 7-16-14; 98-783, eff. 1-1-15;
498-1059, eff. 8-26-14; 98-1102, eff. 8-26-14; 99-30, eff.
57-10-15; 99-78, eff. 7-20-15; 99-245, eff. 8-3-15; 99-325, eff.
68-10-15; 99-456, eff. 9-15-16; 99-642, eff. 7-28-16; 99-927,
7eff. 6-1-17.)
8 (105 ILCS 5/34-18.53 new)
9 Sec. 34-18.53. Availability of feminine hygiene products.
10 (a) The General Assembly finds the following:
11 (1) Feminine hygiene products are a health care
12 necessity and not an item that can be foregone or
13 substituted easily.
14 (2) Access to feminine hygiene products is a serious
15 and ongoing need in this State.
16 (3) When students do not have access to affordable
17 feminine hygiene products, they may miss multiple days of
18 school every month.
19 (4) When students have access to quality feminine
20 hygiene products, they are able to continue with their
21 daily lives with minimal interruption.
22 (b) In this Section:
23 "Feminine hygiene products" means tampons and sanitary
24napkins for use in connection with the menstrual cycle.
25 "School building" means any facility (i) that is owned or

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1leased by the school district or over which the board has care,
2custody, and control and (ii) in which there is a public school
3serving students in grades 6 through 12.
4 (c) The school district shall make feminine hygiene
5products available, at no cost to students, in the bathrooms of
6school buildings.
7 Section 95. No acceleration or delay. Where this Act makes
8changes in a statute that is represented in this Act by text
9that is not yet or no longer in effect (for example, a Section
10represented by multiple versions), the use of that text does
11not accelerate or delay the taking effect of (i) the changes
12made by this Act or (ii) provisions derived from any other
13Public Act.
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