Bill Text: IL HB5655 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Amends the School Code. Provides that the State Board of Education shall require that a school construction project commenced on or after January 1, 2021 include the installation of a solar energy system or other renewable energy system. Provides that the project may also include the installation of a supplemental conventional energy system. Defines terms. Effective immediately.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2020-05-22 - Added Co-Sponsor Rep. Jonathan "Yoni" Pizer [HB5655 Detail]

Download: Illinois-2019-HB5655-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 HB5655 Introduced , by Rep. Joyce Mason SYNOPSIS AS INTRODUCED:
105 ILCS 5/2-3.12b new
105 ILCS 5/27A-5
Amends the School Code. Provides that the State Board of Education shall require that a school construction project commenced on or after January 1, 2021 include the installation of a solar energy system or other renewable energy system. Provides that the project may also include the installation of a supplemental conventional energy system. Defines terms. Effective immediately.
LRB101 16889 CMG 66288 b
FISCAL NOTE ACT MAY APPLY STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT
A BILL FOR
HB5655 LRB101 16889 CMG 66288 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 adding Section
2-3.12b and by changing Section 27A-5 as follows:
(105 ILCS 5/2-3.12b new)
Sec. 2-3.12b. School construction; solar energy system
required.
(a) As used in this Section:
"School construction project" means the building plan,
design, and construction of a school building or structure in
which the construction of the building or structure commences
on or after January 1, 2021. "School construction project" does
not include the reconstruction of, the rehabilitation of, or
improvements to an building or structure in existence before
January 1, 2021.
"Solar energy system" has the meaning ascribed to that term
in the Comprehensive Solar Energy Act of 1977.
"Supplemental conventional energy system" has the meaning
ascribed to that term in the Comprehensive Solar Energy Act of
1977.
(b) The State Board of Education shall require that a
school construction project include the installation of a solar

HB5655 - 2 - LRB101 16889 CMG 66288 b
energy system or other renewable energy system for the purpose
of providing electricity, heating, or cooling to the school
building or structure. In addition to the installation of the
solar energy system or other renewable energy system, a
supplemental conventional energy system may be installed.
(105 ILCS 5/27A-5)
(Text of Section before amendment by P.A. 101-50)
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

HB5655 - 3 - LRB101 16889 CMG 66288 b
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.
(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) this amendatory Act of
the 101st General Assembly, 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

HB5655 - 4 - LRB101 16889 CMG 66288 b
effective date of Public Act 101-291) this amendatory Act of
the 101st General Assembly 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 Acts, 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

HB5655 - 5 - LRB101 16889 CMG 66288 b
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
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,

HB5655 - 6 - LRB101 16889 CMG 66288 b
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. 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

HB5655 - 7 - LRB101 16889 CMG 66288 b
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;
(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; and
(16) Sections 24-12 and 34-85 of this Code; and .

HB5655 - 8 - LRB101 16889 CMG 66288 b
(17) Section 2-3.12b 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 charter school
contracts with a local school board or with the governing body

HB5655 - 9 - LRB101 16889 CMG 66288 b
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. 100-29, eff. 1-1-18; 100-156, eff. 1-1-18;
100-163, eff. 1-1-18; 100-413, eff. 1-1-18; 100-468, eff.
6-1-18; 100-726, eff. 1-1-19; 100-863, eff. 8-14-18; 101-81,
eff. 7-12-19; 101-291, eff. 1-1-20; 101-531, eff. 8-23-19;
101-543, eff. 8-23-19; revised 9-19-19.)
(Text of Section after amendment by P.A. 101-50)
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

HB5655 - 10 - LRB101 16889 CMG 66288 b
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
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

HB5655 - 11 - LRB101 16889 CMG 66288 b
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) this amendatory Act of
the 101st General Assembly, 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) this amendatory Act of
the 101st General Assembly 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 Acts, and compliance with education and labor law.

HB5655 - 12 - LRB101 16889 CMG 66288 b
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
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

HB5655 - 13 - LRB101 16889 CMG 66288 b
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. 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

HB5655 - 14 - LRB101 16889 CMG 66288 b
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;
(5.5) subsection (b) of Section 10-23.12 and

HB5655 - 15 - LRB101 16889 CMG 66288 b
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; and
(16) Sections 24-12 and 34-85 of this Code; .
(17) the (16) The Seizure Smart School Act; and .
(18) Section 2-3.12b 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

HB5655 - 16 - LRB101 16889 CMG 66288 b
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 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

HB5655 - 17 - LRB101 16889 CMG 66288 b
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. 100-29, eff. 1-1-18; 100-156, eff. 1-1-18;
100-163, eff. 1-1-18; 100-413, eff. 1-1-18; 100-468, eff.
6-1-18; 100-726, eff. 1-1-19; 100-863, eff. 8-14-18; 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; revised
9-19-19.)
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.
Section 99. Effective date. This Act takes effect upon
becoming law.