Sen. Jacqueline Y. Collins
Filed: 2/28/2017
 
 


 




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1
AMENDMENT TO SENATE BILL 1947 




2 AMENDMENT NO. ______. Amend Senate Bill 1947 by replacing 
3everything after the enacting clause with the following:


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


9 (105 ILCS 5/27A-5)



10 (Text of Section before amendment by P.A. 99-927)

11 Sec. 27A-5. Charter school; legal entity; requirements. 

12 (a) A charter school shall be a public, nonsectarian, 
13nonreligious, non-home
based, and non-profit school. A charter 
14school shall be organized and operated
as a nonprofit 
15corporation or other discrete, legal, nonprofit entity

16authorized under the laws of the State of Illinois.

17 (b) A charter school may be established under this Article 
18by creating a new
school or by converting an existing public 
19school or attendance center to
charter
school status.
Beginning 
20on April 16, 2003 (the effective date of Public Act 93-3), in 
21all new
applications to establish
a charter
school in a city 
22having a population exceeding 500,000, operation of the
charter

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

22 (c) A charter school shall be administered and governed by 
23its board of
directors or other governing body
in the manner 
24provided in its charter. The governing body of a charter school

25shall be subject to the Freedom of Information Act and the Open 
26Meetings Act.

 
 
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1 (d) For purposes of this subsection (d), "non-curricular 
2health and safety requirement" means any health and safety 
3requirement created by statute or rule to provide, maintain, 
4preserve, or safeguard safe or healthful conditions for 
5students and school personnel or to eliminate, reduce, or 
6prevent threats to the health and safety of students and school 
7personnel. "Non-curricular health and safety requirement" does 
8not include any course of study or specialized instructional 
9requirement for which the State Board has established goals and 
10learning standards or which is designed primarily to impart 
11knowledge and skills for students to master and apply as an 
12outcome of their education.
13 A charter school shall comply with all non-curricular 
14health and safety
requirements applicable to public schools 
15under the laws of the State of
Illinois. On or before September 
161, 2015, the State Board shall promulgate and post on its 
17Internet website a list of non-curricular health and safety 
18requirements that a charter school must meet. The list shall be 
19updated annually no later than September 1. Any charter 
20contract between a charter school and its authorizer must 
21contain a provision that requires the charter school to follow 
22the list of all non-curricular health and safety requirements 
23promulgated by the State Board and any non-curricular health 
24and safety requirements added by the State Board to such list 
25during the term of the charter. Nothing in this subsection (d) 
26precludes an authorizer from including non-curricular health 
 
 
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1and safety requirements in a charter school contract that are 
2not contained in the list promulgated by the State Board, 
3including non-curricular health and safety requirements of the 
4authorizing local school board. 

5 (e) Except as otherwise provided in the School Code, a 
6charter school shall
not charge tuition; provided that a 
7charter school may charge reasonable fees
for textbooks, 
8instructional materials, and student activities.

9 (f) A charter school shall be responsible for the 
10management and operation
of its fiscal affairs including,
but 
11not limited to, the preparation of its budget. An audit of each 
12charter
school's finances shall be conducted annually by an 
13outside, independent
contractor retained by the charter 
14school. To ensure financial accountability for the use of 
15public funds, on or before December 1 of every year of 
16operation, each charter school shall submit to its authorizer 
17and the State Board a copy of its audit and a copy of the Form 
18990 the charter school filed that year with the federal 
19Internal Revenue Service. In addition, if deemed necessary for 
20proper financial oversight of the charter school, an authorizer 
21may require quarterly financial statements from each charter 
22school. 

23 (g) A charter school shall comply with all provisions of 
24this Article, the Illinois Educational Labor Relations Act, all 
25federal and State laws and rules applicable to public schools 
26that pertain to special education and the instruction of 
 
 
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1English learners, and
its charter. A charter
school is exempt 
2from all other State laws and regulations in this Code

3governing public
schools and local school board policies; 
4however, a charter school is not exempt from the following:

5  (1) Sections 10-21.9 and 34-18.5 of this Code regarding 
6 criminal
history records checks and checks of the Statewide 
7 Sex Offender Database and Statewide Murderer and Violent 
8 Offender Against Youth Database of applicants for 
9 employment;

10  (2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and 
11 34-84a of this Code regarding discipline of
students;

12  (3) the Local Governmental and Governmental Employees 
13 Tort Immunity Act;

14  (4) Section 108.75 of the General Not For Profit 
15 Corporation Act of 1986
regarding indemnification of 
16 officers, directors, employees, and agents;

17  (5) the Abused and Neglected Child Reporting Act;

18  (6) the Illinois School Student Records Act;

19  (7) Section 10-17a of this Code regarding school report 
20 cards;

21  (8) the P-20 Longitudinal Education Data System Act;
22  (9) Section 27-23.7 of this Code regarding bullying 
23 prevention;
24  (10) Section 2-3.162 of this Code regarding student 
25 discipline reporting; and
26  (11) Section 22-80 of this Code; and .
 
 
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1  (12) Section 26-18 of this Code. 
2 The change made by Public Act 96-104 to this subsection (g) 
3is declaratory of existing law.
4 (h) A charter school may negotiate and contract with a 
5school district, the
governing body of a State college or 
6university or public community college, or
any other public or 
7for-profit or nonprofit private entity for: (i) the use
of a 
8school building and grounds or any other real property or 
9facilities that
the charter school desires to use or convert 
10for use as a charter school site,
(ii) the operation and 
11maintenance thereof, and
(iii) the provision of any service, 
12activity, or undertaking that the charter
school is required to 
13perform in order to carry out the terms of its charter.

14However, a charter school
that is established on
or
after April 
1516, 2003 (the effective date of Public Act 93-3) and that 
16operates
in a city having a population exceeding
500,000 may 
17not contract with a for-profit entity to
manage or operate the 
18school during the period that commences on April 16, 2003 (the

19effective date of Public Act 93-3) and
concludes at the end of 
20the 2004-2005 school year.
Except as provided in subsection (i) 
21of this Section, a school district may
charge a charter school 
22reasonable rent for the use of the district's
buildings, 
23grounds, and facilities. Any services for which a charter 
24school
contracts
with a school district shall be provided by 
25the district at cost. Any services
for which a charter school 
26contracts with a local school board or with the
governing body 
 
 
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1of a State college or university or public community college

2shall be provided by the public entity at cost.

3 (i) In no event shall a charter school that is established 
4by converting an
existing school or attendance center to 
5charter school status be required to
pay rent for space
that is 
6deemed available, as negotiated and provided in the charter 
7agreement,
in school district
facilities. However, all other 
8costs for the operation and maintenance of
school district 
9facilities that are used by the charter school shall be subject

10to negotiation between
the charter school and the local school 
11board and shall be set forth in the
charter.

12 (j) A charter school may limit student enrollment by age or 
13grade level.

14 (k) If the charter school is approved by the Commission, 
15then the Commission charter school is its own local education 
16agency. 
17(Source: P.A. 98-16, eff. 5-24-13; 98-639, eff. 6-9-14; 98-669, 
18eff. 6-26-14; 98-739, eff. 7-16-14; 98-783, eff. 1-1-15; 
1998-1059, eff. 8-26-14; 98-1102, eff. 8-26-14; 99-30, eff. 
207-10-15; 99-78, eff. 7-20-15; 99-245, eff. 8-3-15; 99-325, eff. 
218-10-15; 99-456, eff. 9-15-16; 99-642, eff. 7-28-16.)

22 (Text of Section after amendment by P.A. 99-927)

23 Sec. 27A-5. Charter school; legal entity; requirements. 

24 (a) A charter school shall be a public, nonsectarian, 
25nonreligious, non-home
based, and non-profit school. A charter 
 
 
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1school shall be organized and operated
as a nonprofit 
2corporation or other discrete, legal, nonprofit entity

3authorized under the laws of the State of Illinois.

4 (b) A charter school may be established under this Article 
5by creating a new
school or by converting an existing public 
6school or attendance center to
charter
school status.
Beginning 
7on April 16, 2003 (the effective date of Public Act 93-3), in 
8all new
applications to establish
a charter
school in a city 
9having a population exceeding 500,000, operation of the
charter

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

8 (c) A charter school shall be administered and governed by 
9its board of
directors or other governing body
in the manner 
10provided in its charter. The governing body of a charter school

11shall be subject to the Freedom of Information Act and the Open 
12Meetings Act.

13 (d) For purposes of this subsection (d), "non-curricular 
14health and safety requirement" means any health and safety 
15requirement created by statute or rule to provide, maintain, 
16preserve, or safeguard safe or healthful conditions for 
17students and school personnel or to eliminate, reduce, or 
18prevent threats to the health and safety of students and school 
19personnel. "Non-curricular health and safety requirement" does 
20not include any course of study or specialized instructional 
21requirement for which the State Board has established goals and 
22learning standards or which is designed primarily to impart 
23knowledge and skills for students to master and apply as an 
24outcome of their education.
25 A charter school shall comply with all non-curricular 
26health and safety
requirements applicable to public schools 
 
 
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1under the laws of the State of
Illinois. On or before September 
21, 2015, the State Board shall promulgate and post on its 
3Internet website a list of non-curricular health and safety 
4requirements that a charter school must meet. The list shall be 
5updated annually no later than September 1. Any charter 
6contract between a charter school and its authorizer must 
7contain a provision that requires the charter school to follow 
8the list of all non-curricular health and safety requirements 
9promulgated by the State Board and any non-curricular health 
10and safety requirements added by the State Board to such list 
11during the term of the charter. Nothing in this subsection (d) 
12precludes an authorizer from including non-curricular health 
13and safety requirements in a charter school contract that are 
14not contained in the list promulgated by the State Board, 
15including non-curricular health and safety requirements of the 
16authorizing local school board. 

17 (e) Except as otherwise provided in the School Code, a 
18charter school shall
not charge tuition; provided that a 
19charter school may charge reasonable fees
for textbooks, 
20instructional materials, and student activities.

21 (f) A charter school shall be responsible for the 
22management and operation
of its fiscal affairs including,
but 
23not limited to, the preparation of its budget. An audit of each 
24charter
school's finances shall be conducted annually by an 
25outside, independent
contractor retained by the charter 
26school. To ensure financial accountability for the use of 
 
 
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1public funds, on or before December 1 of every year of 
2operation, each charter school shall submit to its authorizer 
3and the State Board a copy of its audit and a copy of the Form 
4990 the charter school filed that year with the federal 
5Internal Revenue Service. In addition, if deemed necessary for 
6proper financial oversight of the charter school, an authorizer 
7may require quarterly financial statements from each charter 
8school. 

9 (g) A charter school shall comply with all provisions of 
10this Article, the Illinois Educational Labor Relations Act, all 
11federal and State laws and rules applicable to public schools 
12that pertain to special education and the instruction of 
13English learners, and
its charter. A charter
school is exempt 
14from all other State laws and regulations in this Code

15governing public
schools and local school board policies; 
16however, a charter school is not exempt from the following:

17  (1) Sections 10-21.9 and 34-18.5 of this Code regarding 
18 criminal
history records checks and checks of the Statewide 
19 Sex Offender Database and Statewide Murderer and Violent 
20 Offender Against Youth Database of applicants for 
21 employment;

22  (2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and 
23 34-84a of this Code regarding discipline of
students;

24  (3) the Local Governmental and Governmental Employees 
25 Tort Immunity Act;

26  (4) Section 108.75 of the General Not For Profit 
 
 
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1 Corporation Act of 1986
regarding indemnification of 
2 officers, directors, employees, and agents;

3  (5) the Abused and Neglected Child Reporting Act;

4  (6) the Illinois School Student Records Act;

5  (7) Section 10-17a of this Code regarding school report 
6 cards;

7  (8) the P-20 Longitudinal Education Data System Act;
8  (9) Section 27-23.7 of this Code regarding bullying 
9 prevention;
10  (10) Section 2-3.162 of this Code regarding student 
11 discipline reporting; and
12  (11) Sections 22-80 and 27-8.1 of this Code; and .
13  (12) Section 26-18 of this Code. 
14 The change made by Public Act 96-104 to this subsection (g) 
15is declaratory of existing law.
16 (h) A charter school may negotiate and contract with a 
17school district, the
governing body of a State college or 
18university or public community college, or
any other public or 
19for-profit or nonprofit private entity for: (i) the use
of a 
20school building and grounds or any other real property or 
21facilities that
the charter school desires to use or convert 
22for use as a charter school site,
(ii) the operation and 
23maintenance thereof, and
(iii) the provision of any service, 
24activity, or undertaking that the charter
school is required to 
25perform in order to carry out the terms of its charter.

26However, a charter school
that is established on
or
after April 
 
 
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116, 2003 (the effective date of Public Act 93-3) and that 
2operates
in a city having a population exceeding
500,000 may 
3not contract with a for-profit entity to
manage or operate the 
4school during the period that commences on April 16, 2003 (the

5effective date of Public Act 93-3) and
concludes at the end of 
6the 2004-2005 school year.
Except as provided in subsection (i) 
7of this Section, a school district may
charge a charter school 
8reasonable rent for the use of the district's
buildings, 
9grounds, and facilities. Any services for which a charter 
10school
contracts
with a school district shall be provided by 
11the district at cost. Any services
for which a charter school 
12contracts with a local school board or with the
governing body 
13of a State college or university or public community college

14shall be provided by the public entity at cost.

15 (i) In no event shall a charter school that is established 
16by converting an
existing school or attendance center to 
17charter school status be required to
pay rent for space
that is 
18deemed available, as negotiated and provided in the charter 
19agreement,
in school district
facilities. However, all other 
20costs for the operation and maintenance of
school district 
21facilities that are used by the charter school shall be subject

22to negotiation between
the charter school and the local school 
23board and shall be set forth in the
charter.

24 (j) A charter school may limit student enrollment by age or 
25grade level.

26 (k) If the charter school is approved by the Commission, 
 
 
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1then the Commission charter school is its own local education 
2agency. 
3(Source: P.A. 98-16, eff. 5-24-13; 98-639, eff. 6-9-14; 98-669, 
4eff. 6-26-14; 98-739, eff. 7-16-14; 98-783, eff. 1-1-15; 
598-1059, eff. 8-26-14; 98-1102, eff. 8-26-14; 99-30, eff. 
67-10-15; 99-78, eff. 7-20-15; 99-245, eff. 8-3-15; 99-325, eff. 
78-10-15; 99-456, eff. 9-15-16; 99-642, eff. 7-28-16; 99-927, 
8eff. 6-1-17.)


9 Section 95. No acceleration or delay. Where this Act makes 
10changes in a statute that is represented in this Act by text 
11that is not yet or no longer in effect (for example, a Section 
12represented by multiple versions), the use of that text does 
13not accelerate or delay the taking effect of (i) the changes 
14made by this Act or (ii) provisions derived from any other 
15Public Act.

16 Section 999. Effective date. This Act takes effect July 1, 
172018.".