Bill Text: IL HB5707 | 2013-2014 | 98th General Assembly | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the School Code in provisions concerning bullying prevention. Sets forth definitions for "policy on bullying" and "restorative measures". Makes changes concerning the creation, maintenance, and implementation of a policy on bullying. Deletes the requirement that each school district, charter school, and non-public, non-sectarian elementary or secondary school must communicate its policy on bullying to its students and their parent or guardian on an annual basis. Provides that on an annual basis, school districts, charter schools, and non-public, non-sectarian schools are required to collect, maintain, analyze, and submit to the State Board of Education data relating to the prevalence of bullying within the school district or non-public, non-sectarian elementary or secondary school, as well as the climate of the school district or non-public, non-sectarian elementary or secondary school. Moves the provision concerning the right to exercise free expression or the free exercise of religion or religiously based views protected under the United States and Illinois Constitutions. Effective immediately.
Spectrum: Partisan Bill (Democrat 31-0)
Status: (Passed) 2014-06-26 - Public Act . . . . . . . . . 98-0669 [HB5707 Detail]
Download: Illinois-2013-HB5707-Amended.html
Bill Title: Amends the School Code in provisions concerning bullying prevention. Sets forth definitions for "policy on bullying" and "restorative measures". Makes changes concerning the creation, maintenance, and implementation of a policy on bullying. Deletes the requirement that each school district, charter school, and non-public, non-sectarian elementary or secondary school must communicate its policy on bullying to its students and their parent or guardian on an annual basis. Provides that on an annual basis, school districts, charter schools, and non-public, non-sectarian schools are required to collect, maintain, analyze, and submit to the State Board of Education data relating to the prevalence of bullying within the school district or non-public, non-sectarian elementary or secondary school, as well as the climate of the school district or non-public, non-sectarian elementary or secondary school. Moves the provision concerning the right to exercise free expression or the free exercise of religion or religiously based views protected under the United States and Illinois Constitutions. Effective immediately.
Spectrum: Partisan Bill (Democrat 31-0)
Status: (Passed) 2014-06-26 - Public Act . . . . . . . . . 98-0669 [HB5707 Detail]
Download: Illinois-2013-HB5707-Amended.html
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1 | AMENDMENT TO HOUSE BILL 5707
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2 | AMENDMENT NO. ______. Amend House Bill 5707 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The School Code is amended by changing Sections | ||||||
5 | 27-23.7 and 27A-5 as follows:
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6 | (105 ILCS 5/27-23.7) | ||||||
7 | Sec. 27-23.7. Bullying prevention. | ||||||
8 | (a) The General Assembly finds that a safe and civil school | ||||||
9 | environment is necessary for students to learn and achieve and | ||||||
10 | that bullying causes physical, psychological, and emotional | ||||||
11 | harm to students and interferes with students' ability to learn | ||||||
12 | and participate in school activities. The General Assembly | ||||||
13 | further finds that bullying has been linked to other forms of | ||||||
14 | antisocial behavior, such as vandalism, shoplifting, skipping | ||||||
15 | and dropping out of school, fighting, using drugs and alcohol, | ||||||
16 | sexual harassment, and sexual violence. Because of the negative |
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1 | outcomes associated with bullying in schools, the General | ||||||
2 | Assembly finds that school districts , charter schools, and | ||||||
3 | non-public, non-sectarian elementary and secondary schools | ||||||
4 | should educate students, parents, and school district , charter | ||||||
5 | school, or non-public, non-sectarian elementary or secondary | ||||||
6 | school personnel about what behaviors constitute prohibited | ||||||
7 | bullying. | ||||||
8 | Bullying on the basis of actual or perceived race, color, | ||||||
9 | religion, sex, national origin, ancestry, age, marital status, | ||||||
10 | physical or mental disability, military status, sexual | ||||||
11 | orientation, gender-related identity or expression, | ||||||
12 | unfavorable discharge from military service, association with | ||||||
13 | a person or group with one or more of the aforementioned actual | ||||||
14 | or perceived characteristics, or any other distinguishing | ||||||
15 | characteristic is prohibited in all school districts , charter | ||||||
16 | schools, and non-public, non-sectarian elementary and | ||||||
17 | secondary schools.
No student shall be subjected to bullying: | ||||||
18 | (1) during any school-sponsored education program or | ||||||
19 | activity; | ||||||
20 | (2) while in school, on school property, on school | ||||||
21 | buses or other school vehicles, at designated school bus | ||||||
22 | stops waiting for the school bus, or at school-sponsored or | ||||||
23 | school-sanctioned events or activities; or | ||||||
24 | (3) through the transmission of information from a | ||||||
25 | school computer, a school computer network, or other | ||||||
26 | similar electronic school equipment. |
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1 | (a-5) Nothing in this Section is intended to infringe upon | ||||||
2 | any right to exercise free expression or the free exercise of | ||||||
3 | religion or religiously based views protected under the First | ||||||
4 | Amendment to the United States Constitution or under Section 3 | ||||||
5 | of Article I of the Illinois Constitution. | ||||||
6 | (b) In this Section:
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7 | "Bullying" means any severe or pervasive physical or verbal | ||||||
8 | act or conduct, including communications made in writing or | ||||||
9 | electronically, directed toward a student or students that has | ||||||
10 | or can be reasonably predicted to have the effect of one or | ||||||
11 | more of the following: | ||||||
12 | (1) placing the student or students in reasonable fear | ||||||
13 | of harm to the student's or students' person or property; | ||||||
14 | (2) causing a substantially detrimental effect on the | ||||||
15 | student's or students' physical or mental health; | ||||||
16 | (3) substantially interfering with the student's or | ||||||
17 | students' academic performance; or | ||||||
18 | (4) substantially interfering with the student's or | ||||||
19 | students' ability to participate in or benefit from the | ||||||
20 | services, activities, or privileges provided by a school. | ||||||
21 | Bullying, as defined in this subsection (b), may take | ||||||
22 | various forms, including without limitation one or more of the | ||||||
23 | following: harassment, threats, intimidation, stalking, | ||||||
24 | physical violence, sexual harassment, sexual violence, theft, | ||||||
25 | public humiliation, destruction of property, or retaliation | ||||||
26 | for asserting or alleging an act of bullying. This list is |
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1 | meant to be illustrative and non-exhaustive. | ||||||
2 | "Policy on bullying" means a bullying prevention policy | ||||||
3 | that meets the following criteria: | ||||||
4 | (1) Includes the bullying definition provided in this | ||||||
5 | Section. | ||||||
6 | (2) Includes a statement that bullying is contrary to | ||||||
7 | State law and the policy of the school district, charter | ||||||
8 | school, or non-public, non-sectarian elementary or | ||||||
9 | secondary school and is consistent with subsection (a-5) of | ||||||
10 | this Section. | ||||||
11 | (3) Includes procedures for promptly reporting | ||||||
12 | bullying, including, but not limited to, identifying and | ||||||
13 | providing the school e-mail address (if applicable) and | ||||||
14 | school telephone number for the staff person or persons | ||||||
15 | responsible for receiving such reports and a procedure for | ||||||
16 | anonymous reporting; however, this shall not be construed | ||||||
17 | to permit formal disciplinary action solely on the basis of | ||||||
18 | an anonymous report. | ||||||
19 | (4) Consistent with federal and State laws and rules | ||||||
20 | governing student privacy rights, includes procedures for | ||||||
21 | promptly informing parents or guardians of all students | ||||||
22 | involved in the alleged incident of bullying and | ||||||
23 | discussing, as appropriate, the availability of social | ||||||
24 | work services, counseling, school psychological services, | ||||||
25 | other interventions, and restorative measures. | ||||||
26 | (5) Contains procedures for promptly investigating and |
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1 | addressing reports of bullying, including the following: | ||||||
2 | (A) Making all reasonable efforts to complete the | ||||||
3 | investigation within 10 school days after the date the | ||||||
4 | report of the incident of bullying was received and | ||||||
5 | taking into consideration additional relevant | ||||||
6 | information received during the course of the | ||||||
7 | investigation about the reported incident of bullying. | ||||||
8 | (B) Involving appropriate school support personnel | ||||||
9 | and other staff persons with knowledge, experience, | ||||||
10 | and training on bullying prevention, as deemed | ||||||
11 | appropriate, in the investigation process. | ||||||
12 | (C) Notifying the principal or school | ||||||
13 | administrator or his or her designee of the report of | ||||||
14 | the incident of bullying as soon as possible after the | ||||||
15 | report is received. | ||||||
16 | (D) Consistent with federal and State laws and | ||||||
17 | rules governing student privacy rights, providing | ||||||
18 | parents and guardians of the students who are parties | ||||||
19 | to the investigation information about the | ||||||
20 | investigation and an opportunity to meet with the | ||||||
21 | principal or school administrator or his or her | ||||||
22 | designee to discuss the investigation, the findings of | ||||||
23 | the investigation, and the actions taken to address the | ||||||
24 | reported incident of bullying. | ||||||
25 | (6) Includes the interventions that can be taken to | ||||||
26 | address bullying, which may include, but are not limited |
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1 | to, school social work services, restorative measures, | ||||||
2 | social-emotional skill building, counseling, school | ||||||
3 | psychological services, and community-based services. | ||||||
4 | (7) Includes a statement prohibiting reprisal or | ||||||
5 | retaliation against any person who reports an act of | ||||||
6 | bullying and the consequences and appropriate remedial | ||||||
7 | actions for a person who engages in reprisal or | ||||||
8 | retaliation. | ||||||
9 | (8) Includes consequences and appropriate remedial | ||||||
10 | actions for a person found to have falsely accused another | ||||||
11 | of bullying as a means of retaliation or as a means of | ||||||
12 | bullying. | ||||||
13 | (9) Is based on the engagement of a range of school | ||||||
14 | stakeholders, including students and parents or guardians. | ||||||
15 | (10) Is posted on the school district's, charter
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16 | school's, or non-public, non-sectarian elementary or
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17 | secondary school's existing Internet website and is
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18 | included in the student handbook, and, where applicable,
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19 | posted where other policies, rules, and standards of
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20 | conduct are currently posted in the school, and is
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21 | distributed annually to parents, guardians, students, and
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22 | school personnel, including new employees when hired. | ||||||
23 | (11) As part of the process of reviewing and | ||||||
24 | re-evaluating the policy under subsection (d) of this | ||||||
25 | Section, contains an evaluation and reporting component to | ||||||
26 | assess the outcomes and effectiveness of the policy that |
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1 | includes, but is not limited to, frequency of | ||||||
2 | victimization; student, staff, and family observations of | ||||||
3 | safety at a school; identification of areas of a school | ||||||
4 | where bullying occurs; the types of bullying utilized; and | ||||||
5 | bystander intervention or participation. The information | ||||||
6 | developed as a result of the policy evaluation must be made | ||||||
7 | available on the Internet website of the school district, | ||||||
8 | charter school, or non-public, non-sectarian elementary or | ||||||
9 | secondary school and shared with administrators, board | ||||||
10 | members, school personnel, parents, guardians, and | ||||||
11 | students. | ||||||
12 | (12) Is consistent with the policies of the school | ||||||
13 | board, charter school, or non-public, non-sectarian | ||||||
14 | elementary or secondary school. | ||||||
15 | "Restorative measures" means a continuum of school-based | ||||||
16 | alternatives to exclusionary discipline, such as suspensions | ||||||
17 | and expulsions, that: (i) are adapted to the particular needs | ||||||
18 | of the school and community, (ii) contribute to maintaining | ||||||
19 | school safety, (iii) protect the integrity of a positive and | ||||||
20 | productive learning climate, (iv) teach students the personal | ||||||
21 | and interpersonal skills they will need to be successful in | ||||||
22 | school and society, (v) serve to build and restore | ||||||
23 | relationships among students, families, schools, and | ||||||
24 | communities, and (vi) reduce the likelihood of future | ||||||
25 | disruption by balancing accountability with an understanding | ||||||
26 | of students' behavioral health needs in order to keep students |
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1 | in school. | ||||||
2 | "School personnel" means persons employed by, on contract | ||||||
3 | with, or who volunteer in a school district , charter schools, | ||||||
4 | or non-public, non-sectarian elementary or secondary school, | ||||||
5 | including without limitation school and school district | ||||||
6 | administrators, teachers, school guidance counselors, school | ||||||
7 | social workers, school counselors, school psychologists, | ||||||
8 | school nurses, cafeteria workers, custodians, bus drivers, | ||||||
9 | school resource officers, and security guards. | ||||||
10 | (c) (Blank).
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11 | (d) Each school district , charter school, and non-public, | ||||||
12 | non-sectarian elementary or secondary school shall create , and | ||||||
13 | maintain , and implement a policy on bullying, which policy must | ||||||
14 | be filed with the State Board of Education. Every 2 years, each | ||||||
15 | school district, charter school, and non-public, non-sectarian | ||||||
16 | elementary or secondary school shall conduct a review and | ||||||
17 | re-evaluation of its policy and make any necessary and | ||||||
18 | appropriate revisions. Each school district and non-public, | ||||||
19 | non-sectarian elementary or secondary school must communicate | ||||||
20 | its policy on bullying to its students and their parent or | ||||||
21 | guardian on an annual basis. The policy must be updated every 2 | ||||||
22 | years and filed with the State Board of Education after being | ||||||
23 | updated. The State Board of Education shall monitor and provide | ||||||
24 | technical support for the implementation of policies created | ||||||
25 | under this subsection (d). | ||||||
26 | (e) This Section shall not be interpreted to prevent a |
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1 | victim from seeking redress under any other available civil or | ||||||
2 | criminal law.
Nothing in this Section is intended to infringe | ||||||
3 | upon any right to exercise free expression or the free exercise | ||||||
4 | of religion or religiously based views protected under the | ||||||
5 | First Amendment to the United States Constitution or under | ||||||
6 | Section 3 or 4 of Article 1 of the Illinois Constitution. | ||||||
7 | (Source: P.A. 95-198, eff. 1-1-08; 95-349, eff. 8-23-07; | ||||||
8 | 95-876, eff. 8-21-08; 96-952, eff. 6-28-10.)
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9 | (105 ILCS 5/27A-5)
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10 | Sec. 27A-5. Charter school; legal entity; requirements.
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11 | (a) A charter school shall be a public, nonsectarian, | ||||||
12 | nonreligious, non-home
based, and non-profit school. A charter | ||||||
13 | school shall be organized and operated
as a nonprofit | ||||||
14 | corporation or other discrete, legal, nonprofit entity
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15 | authorized under the laws of the State of Illinois.
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16 | (b) A charter school may be established under this Article | ||||||
17 | by creating a new
school or by converting an existing public | ||||||
18 | school or attendance center to
charter
school status.
Beginning | ||||||
19 | on the effective date of this amendatory Act of the 93rd | ||||||
20 | General
Assembly, in all new
applications submitted to the | ||||||
21 | State Board or a local school board to establish
a charter
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22 | school in a city having a population exceeding 500,000, | ||||||
23 | operation of the
charter
school shall be limited to one campus. | ||||||
24 | The changes made to this Section by this
amendatory Act
of the | ||||||
25 | 93rd General
Assembly do not apply to charter schools existing |
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1 | or approved on or before the
effective date of this
amendatory | ||||||
2 | Act. | ||||||
3 | (b-5) In this subsection (b-5), "virtual-schooling" means | ||||||
4 | the teaching of courses through online methods with online | ||||||
5 | instructors, rather than the instructor and student being at | ||||||
6 | the same physical location. "Virtual-schooling" includes | ||||||
7 | without limitation instruction provided by full-time, online | ||||||
8 | virtual schools. | ||||||
9 | From April 1, 2013 through April 1, 2014, there is a | ||||||
10 | moratorium on the establishment of charter schools with | ||||||
11 | virtual-schooling components in school districts other than a | ||||||
12 | school district organized under Article 34 of this Code. This | ||||||
13 | moratorium does not apply to a charter school with | ||||||
14 | virtual-schooling components existing or approved prior to | ||||||
15 | April 1, 2013 or to the renewal of the charter of a charter | ||||||
16 | school with virtual-schooling components already approved | ||||||
17 | prior to April 1, 2013. | ||||||
18 | On or before March 1, 2014, the Commission shall submit to | ||||||
19 | the General Assembly a report on the effect of | ||||||
20 | virtual-schooling, including without limitation the effect on | ||||||
21 | student performance, the costs associated with | ||||||
22 | virtual-schooling, and issues with oversight. The report shall | ||||||
23 | include policy recommendations for virtual-schooling.
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24 | (c) A charter school shall be administered and governed by | ||||||
25 | its board of
directors or other governing body
in the manner | ||||||
26 | provided in its charter. The governing body of a charter school
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1 | shall be subject to the Freedom of Information Act and the Open | ||||||
2 | Meetings Act.
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3 | (d) A charter school shall comply with all applicable | ||||||
4 | health and safety
requirements applicable to public schools | ||||||
5 | under the laws of the State of
Illinois.
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6 | (e) Except as otherwise provided in the School Code, a | ||||||
7 | charter school shall
not charge tuition; provided that a | ||||||
8 | charter school may charge reasonable fees
for textbooks, | ||||||
9 | instructional materials, and student activities.
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10 | (f) A charter school shall be responsible for the | ||||||
11 | management and operation
of its fiscal affairs including,
but | ||||||
12 | not limited to, the preparation of its budget. An audit of each | ||||||
13 | charter
school's finances shall be conducted annually by an | ||||||
14 | outside, independent
contractor retained by the charter | ||||||
15 | school. Annually, by December 1, every charter school must | ||||||
16 | submit to the State Board a copy of its audit and a copy of the | ||||||
17 | Form 990 the charter school filed that year with the federal | ||||||
18 | Internal Revenue Service.
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19 | (g) A charter school shall comply with all provisions of | ||||||
20 | this Article, the Illinois Educational Labor Relations Act, and
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21 | its charter. A charter
school is exempt from all other State | ||||||
22 | laws and regulations in this the School Code
governing public
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23 | schools and local school board policies, except the following:
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24 | (1) Sections 10-21.9 and 34-18.5 of this the School | ||||||
25 | Code regarding criminal
history records checks and checks | ||||||
26 | of the Statewide Sex Offender Database and Statewide |
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1 | Murderer and Violent Offender Against Youth Database of | ||||||
2 | applicants for employment;
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3 | (2) Sections 24-24 and 34-84A of this the School Code | ||||||
4 | regarding discipline of
students;
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5 | (3) the The Local Governmental and Governmental | ||||||
6 | Employees Tort Immunity Act;
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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;
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10 | (5) the The Abused and Neglected Child Reporting Act;
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11 | (6) the The Illinois School Student Records Act;
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12 | (7) Section 10-17a of this the School Code regarding | ||||||
13 | school report cards; and
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14 | (8) the The P-20 Longitudinal Education Data System | ||||||
15 | Act ; and . | ||||||
16 | (9) Section 27-23.7 of this Code regarding bullying | ||||||
17 | prevention. | ||||||
18 | The change made by Public Act 96-104 to this subsection (g) | ||||||
19 | is declaratory of existing law. | ||||||
20 | (h) A charter school may negotiate and contract with a | ||||||
21 | school district, the
governing body of a State college or | ||||||
22 | university or public community college, or
any other public or | ||||||
23 | for-profit or nonprofit private entity for: (i) the use
of a | ||||||
24 | school building and grounds or any other real property or | ||||||
25 | facilities that
the charter school desires to use or convert | ||||||
26 | for use as a charter school site,
(ii) the operation and |
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1 | maintenance thereof, and
(iii) the provision of any service, | ||||||
2 | activity, or undertaking that the charter
school is required to | ||||||
3 | perform in order to carry out the terms of its charter.
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4 | However, a charter school
that is established on
or
after the | ||||||
5 | effective date of this amendatory Act of the 93rd General
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6 | Assembly and that operates
in a city having a population | ||||||
7 | exceeding
500,000 may not contract with a for-profit entity to
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8 | manage or operate the school during the period that commences | ||||||
9 | on the
effective date of this amendatory Act of the 93rd | ||||||
10 | General Assembly and
concludes at the end of the 2004-2005 | ||||||
11 | school year.
Except as provided in subsection (i) of this | ||||||
12 | Section, a school district may
charge a charter school | ||||||
13 | reasonable rent for the use of the district's
buildings, | ||||||
14 | grounds, and facilities. Any services for which a charter | ||||||
15 | school
contracts
with a school district shall be provided by | ||||||
16 | the district at cost. Any services
for which a charter school | ||||||
17 | contracts with a local school board or with the
governing body | ||||||
18 | of a State college or university or public community college
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19 | shall be provided by the public entity at cost.
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20 | (i) In no event shall a charter school that is established | ||||||
21 | by converting an
existing school or attendance center to | ||||||
22 | charter school status be required to
pay rent for space
that is | ||||||
23 | deemed available, as negotiated and provided in the charter | ||||||
24 | agreement,
in school district
facilities. However, all other | ||||||
25 | costs for the operation and maintenance of
school district | ||||||
26 | facilities that are used by the charter school shall be subject
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1 | to negotiation between
the charter school and the local school | ||||||
2 | board and shall be set forth in the
charter.
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3 | (j) A charter school may limit student enrollment by age or | ||||||
4 | grade level.
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5 | (k) If the charter school is approved by the Commission, | ||||||
6 | then the Commission charter school is its own local education | ||||||
7 | agency. | ||||||
8 | (Source: P.A. 97-152, eff. 7-20-11; 97-154, eff. 1-1-12; | ||||||
9 | 97-813, eff. 7-13-12; 98-16, eff. 5-24-13.)
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10 | Section 99. Effective date. This Act takes effect upon | ||||||
11 | becoming law.".
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