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HB3247 Enrolled                     LRB104 11044 LNS 21126 b

1   AN ACT concerning education.

2   Be it enacted by the People of the State of Illinois,

3 represented in the General Assembly:

4   Section 5. The School Code is amended by adding Section

5 22-105 and by changing Section 27A-5 as follows:

6   (105 ILCS 5/22-105 new)

7   Sec. 22-105. Denial of free education prohibited.

8   (a) The purpose of this Section is to secure the right of

9 every child to equal access to a free public education and a

10 school that is safe from intimidation and fear, consistent

11 with the landmark United States Supreme Court decision in

12 Plyler v. Doe, 457 U.S. 202 (1982), as in effect on January 1,

13 2025, which held that it is unconstitutional for states to

14 deny children a free public education based on immigration

15 status. In their efforts to promote the right to educational

16 equality established in Plyler, schools must take steps to

17 protect the integrity of school learning environments for all

18 children, so that no parent is discouraged from sending and no

19 child is discouraged from attending school, including from the

20 threat of immigration enforcement or other law enforcement

21 activity on a school campus.

22  (b) As used in this Section:

23  "Citizenship or immigration status" means all matters
    HB3247 Enrolled        -2-  LRB104 11044 LNS 21126 b

1 regarding citizenship of the United States or any other

2 country or the authority or lack thereof to reside in or

3 otherwise to be present in the United States, including an

4 individual's nationality and country of citizenship.

5   "Law enforcement agent" means an agent of federal, State,

6 or local law enforcement authorized with the power to arrest

7 or detain individuals or manage the custody of detained

8 individuals for a law enforcement purpose, including civil

9 immigration enforcement. "Law enforcement agent" does not

10 include a school resource officer as defined in Section

11 10-20.68 of this Code.

12  "Nonjudicial warrant" means a warrant issued by a federal,

13 State, or local agency authorized with the power to arrest or

14 detain individuals or manage the custody of detained

15 individuals for any law enforcement purpose, including civil

16 immigration enforcement. "Nonjudicial warrant" includes an

17 immigration detainer or civil immigration warrant as defined

18 in the Illinois TRUST Act. "Nonjudicial warrant" does not

19 include a criminal warrant issued upon a judicial

20 determination of probable cause, in compliance with the

21 requirements of the Fourth Amendment to the United States

22 Constitution and Section 6 of Article I of the Illinois

23 Constitution.

24  "Prevailing party" includes any party:

25  (1) who obtains some of his or her requested relief

26  through a judicial judgment in his or her favor;
    HB3247 Enrolled      -3-     LRB104 11044 LNS 21126 b

1           (2) who obtains some of his or her requested relief

2   through a settlement agreement approved by the court; or

3           (3) whose pursuit of a non-frivolous claim was a

4   catalyst for a unilateral change in position by the

5   opposing party relative to the relief sought.

6   "School" means every public school, school district, and

7 governing body, including a special charter district or

8 charter school, organized under this Code, and its agents,

9 including a contracted party.

10  (c) No child may be denied a free public education through

11 secondary school while in this State based on the child's

12 perceived or actual immigration status or the child's parent's

13 or guardian's perceived or actual citizenship or immigration

14 status.

15          (1) A school must not exclude a child from

16  participation in or deny a child the benefits of any

17  program or activity on the grounds of that child's

18  perceived or actual immigration status or the child's

19  parent's or guardian's actual or perceived citizenship or

20  immigration status.

21          (2) A school must not use policies or procedures or

22  engage in practices that have the effect of excluding a

23  child from participation in or denying the benefits of any

24  program or activity or the effect of excluding

25  participation of the child's parent or guardian from

26  parental engagement activities or programs because of the
    HB3247 Enrolled      -4-  LRB104 11044 LNS 21126 b

1   child's perceived or actual immigration status or the

2   child's parent's or guardian's actual or perceived

3   immigration status. These policies, procedures, and

4   practices include:

5   (A) requesting or collecting information or

6   documentation from a student or the student's parent

7   or guardian about citizenship or immigration status

8   unless required by State or federal law; and

9   (B) designating immigration status, citizenship,

10  place of birth, nationality, or national origin as

11  directory information, as that term is defined by

12  federal and State law.

13  (3) A school must not perform any of the following

14  actions:

15  (A) Threaten to disclose anything related to the

16  actual or perceived citizenship or immigration status

17  of a child or a person associated with the child to any

18  other person or entity or an immigration or law

19  enforcement agency.

20  (B) Disclose anything related to the perceived

21  citizenship or immigration status of a child or a

22  person associated with the child to any other person

23  or entity or an immigration or law enforcement agency

24  if the school does not have direct knowledge of the

25  child's or associated person's actual citizenship or

26  immigration status, subject to the requirements of
    HB3247 Enrolled         -5-  LRB104 11044 LNS 21126 b

1   this paragraph (3).

2   (C) Disclose anything related to the actual

3   citizenship or immigration status of a child or a

4   person associated with the child to any other person

5   or nongovernmental entity if the school has direct

6   knowledge of the child's or associated person's actual

7   citizenship or immigration status, subject to the

8   requirements of this paragraph (3).

9   Nothing in subparagraphs (B) and (C) of this paragraph

10  (3) may be construed to permit the disclosure of student

11  records or information without complying with State and

12  federal requirements governing the disclosure of such

13  records or information. Subparagraphs (B) and (C) of this

14  paragraph (3) may not be construed to prohibit or restrict

15  an entity from sending to or receiving from the United

16  States Department of Homeland Security or any other

17  federal, State, or local governmental entity information

18  regarding the citizenship or immigration status of an

19  individual under Sections 1373 and 1644 of Title 8 of the

20  United States Code.

21  (4) A school must develop procedures for reviewing and

22  authorizing requests from law enforcement agents

23  attempting to enter a school or school facility by July 1,

24  2026. The procedures must comply with the requirements of

25  paragraph (2) of this subsection (c), and, at a minimum,

26  include the following:
    HB3247 Enrolled   -6-        LRB104 11044 LNS 21126 b

1         (A) procedures for reviewing and contacting a

2         designated authorized person at the school or school

3         facility and the district superintendent's office or

4         school administrative office, who may contact the

5         school's legal counsel, and procedures for that

6         authorized person or legal counsel to review requests

7         to enter a school or school facility, including

8         judicial warrants, nonjudicial warrants, and

9         subpoenas;

10        (B) procedures for monitoring or accompanying and

11        procedures for documenting all interactions with law

12        enforcement agents while on the school's premises; and

13        (C) procedures for notifying and seeking consent

14        from a student's parents or guardian or from the

15        student if the student is 18 years old or older or

16        emancipated if a law enforcement agent requests access

17        to a student for immigration enforcement purposes,

18        unless such access is in compliance with a judicial

19        warrant or subpoena that restricts the disclosure of

20        the information to the student's parent or guardian.

21        This paragraph (4) is subject to subsection (c) of

22  Section 22-88 of this Code.

23  (d) A school shall adopt a policy for complying with

24 paragraphs (1), (2), (3), and (4) of subsection (c) by July 1,

25 2026.

26  (e) Beginning July 1, 2026, any party aggrieved by conduct
    HB3247 Enrolled     -7-            LRB104 11044 LNS 21126 b

1 that violates subsection (c) may bring a civil lawsuit. This

2 lawsuit must be brought no later than 2 years after the

3 violation of subsection (c). If the court finds that a willful

4 violation of paragraph (1), (2), or (3) of subsection (c) has

5 occurred, the court may award actual damages. The court, as it

6 deems appropriate, may grant, as relief, any permanent or

7 preliminary negative or mandatory injunction, temporary

8 restraining order, or other order.

9   (f) Nothing in this Section may be construed to require an

10 exhaustion of the administrative complaint process before

11 civil law remedies may be pursued.

12  (g) Upon a motion, a court shall award reasonable

13 attorney's fees and costs, including expert witness fees and

14 other litigation expenses, to a plaintiff who is a prevailing

15 party in any action brought under subsection (c). In awarding

16 reasonable attorney's fees, the court shall consider the

17 degree to which the relief obtained relates to the relief

18 sought.

19  (h) The General Assembly finds and declares that this

20 Section is a State law within the meaning of subsection (d) of

21 Section 1621 of Title 8 of the United States Code.

22  (105 ILCS 5/27A-5)

23  (Text of Section before amendment by P.A. 102-466)

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

25  (a) A charter school shall be a public, nonsectarian,
    HB3247 Enrolled        -8-  LRB104 11044 LNS 21126 b

1 nonreligious, non-home based, and non-profit school. A charter

2 school shall be organized and operated as a nonprofit

3 corporation or other discrete, legal, nonprofit entity

4 authorized under the laws of the State of Illinois.

5   (b) A charter school may be established under this Article

6 by creating a new school or by converting an existing public

7 school or attendance center to charter school status. In all

8 new applications to establish a charter school in a city

9 having a population exceeding 500,000, operation of the

10 charter school shall be limited to one campus. This limitation

11 does not apply to charter schools existing or approved on or

12 before April 16, 2003.

13  (b-5) (Blank).

14  (c) A charter school shall be administered and governed by

15 its board of directors or other governing body in the manner

16 provided in its charter. The governing body of a charter

17 school shall be subject to the Freedom of Information Act and

18 the Open Meetings Act. A charter school's board of directors

19 or other governing body must include at least one parent or

20 guardian of a pupil currently enrolled in the charter school

21 who may be selected through the charter school or a charter

22 network election, appointment by the charter school's board of

23 directors or other governing body, or by the charter school's

24 Parent Teacher Organization or its equivalent.

25  (c-5) No later than January 1, 2021 or within the first

26 year of his or her first term, every voting member of a charter
    HB3247 Enrolled  -9-  LRB104 11044 LNS 21126 b

1 school's board of directors or other governing body shall

2 complete a minimum of 4 hours of professional development

3 leadership training to ensure that each member has sufficient

4 familiarity with the board's or governing body's role and

5 responsibilities, including financial oversight and

6 accountability of the school, evaluating the principal's and

7 school's performance, adherence to the Freedom of Information

8 Act and the Open Meetings Act, and compliance with education

9 and labor law. In each subsequent year of his or her term, a

10 voting member of a charter school's board of directors or

11 other governing body shall complete a minimum of 2 hours of

12 professional development training in these same areas. The

13 training under this subsection may be provided or certified by

14 a statewide charter school membership association or may be

15 provided or certified by other qualified providers approved by

16 the State Board.

17  (d) For purposes of this subsection (d), "non-curricular

18 health and safety requirement" means any health and safety

19 requirement created by statute or rule to provide, maintain,

20 preserve, or safeguard safe or healthful conditions for

21 students and school personnel or to eliminate, reduce, or

22 prevent threats to the health and safety of students and

23 school personnel. "Non-curricular health and safety

24 requirement" does not include any course of study or

25 specialized instructional requirement for which the State

26 Board has established goals and learning standards or which is
    HB3247 Enrolled  - 10 - LRB104 11044 LNS 21126 b

1 designed primarily to impart knowledge and skills for students

2 to master and apply as an outcome of their education.

3   A charter school shall comply with all non-curricular

4 health and safety requirements applicable to public schools

5 under the laws of the State of Illinois. The State Board shall

6 promulgate and post on its Internet website a list of

7 non-curricular health and safety requirements that a charter

8 school must meet. The list shall be updated annually no later

9 than September 1. Any charter contract between a charter

10 school and its authorizer must contain a provision that

11 requires the charter school to follow the list of all

12 non-curricular health and safety requirements promulgated by

13 the State Board and any non-curricular health and safety

14 requirements added by the State Board to such list during the

15 term of the charter. Nothing in this subsection (d) precludes

16 an authorizer from including non-curricular health and safety

17 requirements in a charter school contract that are not

18 contained in the list promulgated by the State Board,

19 including non-curricular health and safety requirements of the

20 authorizing local school board.

21  (e) Except as otherwise provided in the School Code, a

22 charter school shall not charge tuition; provided that a

23 charter school may charge reasonable fees for textbooks,

24 instructional materials, and student activities.

25  (f) A charter school shall be responsible for the

26 management and operation of its fiscal affairs, including, but
    HB3247 Enrolled  - 11 - LRB104 11044 LNS 21126 b

1 not limited to, the preparation of its budget. An audit of each

2 charter school's finances shall be conducted annually by an

3 outside, independent contractor retained by the charter

4 school. The contractor shall not be an employee of the charter

5 school or affiliated with the charter school or its authorizer

6 in any way, other than to audit the charter school's finances.

7 To ensure financial accountability for the use of public

8 funds, on or before December 1 of every year of operation, each

9 charter school shall submit to its authorizer and the State

10 Board a copy of its audit and a copy of the Form 990 the

11 charter school filed that year with the federal Internal

12 Revenue Service. In addition, if deemed necessary for proper

13 financial oversight of the charter school, an authorizer may

14 require quarterly financial statements from each charter

15 school.

16  (g) A charter school shall comply with all provisions of

17 this Article, the Illinois Educational Labor Relations Act,

18 all federal and State laws and rules applicable to public

19 schools that pertain to special education and the instruction

20 of English learners, and its charter. A charter school is

21 exempt from all other State laws and regulations in this Code

22 governing public schools and local school board policies;

23 however, a charter school is not exempt from the following:

24          (1) Sections 10-21.9 and 34-18.5 of this Code

25  regarding criminal history records checks and checks of

26  the Statewide Sex Offender Database and Statewide Murderer
    HB3247 Enrolled        - 12 - LRB104 11044 LNS 21126 b

1   and Violent Offender Against Youth Database of applicants

2   for employment;

3   (2) Sections 10-20.14, 10-22.6, 22-100, 24-24, 34-19,

4   and 34-84a of this Code regarding discipline of students;

5   (3) the Local Governmental and Governmental Employees

6   Tort Immunity Act;

7   (4) Section 108.75 of the General Not For Profit

8   Corporation Act of 1986 regarding indemnification of

9   officers, directors, employees, and agents;

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

11  (5.5) subsection (b) of Section 10-23.12 and

12  subsection (b) of Section 34-18.6 of this Code;

13  (6) the Illinois School Student Records Act;

14  (7) Section 10-17a of this Code regarding school

15  report cards;

16  (8) the P-20 Longitudinal Education Data System Act;

17  (9) Section 27-23.7 of this Code regarding bullying

18  prevention;

19  (10) Section 2-3.162 of this Code regarding student

20  discipline reporting;

21  (11) Sections 22-80 and 27-8.1 of this Code;

22  (12) Sections 10-20.60 and 34-18.53 of this Code;

23  (13) Sections 10-20.63 and 34-18.56 of this Code;

24  (14) Sections 22-90 and 26-18 of this Code;

25  (15) Section 22-30 of this Code;

26  (16) Sections 24-12 and 34-85 of this Code;
    HB3247 Enrolled         - 13 - LRB104 11044 LNS 21126 b

1   (17) the Seizure Smart School Act;

2   (18) Section 2-3.64a-10 of this Code;

3   (19) Sections 10-20.73 and 34-21.9 of this Code;

4   (20) Section 10-22.25b of this Code;

5   (21) Section 27-9.1a of this Code;

6   (22) Section 27-9.1b of this Code;

7   (23) Section 34-18.8 of this Code;

8   (25) Section 2-3.188 of this Code;

9   (26) Section 22-85.5 of this Code;

10  (27) subsections (d-10), (d-15), and (d-20) of Section

11  10-20.56 of this Code;

12  (28) Sections 10-20.83 and 34-18.78 of this Code;

13  (29) Section 10-20.13 of this Code;

14  (30) Section 28-19.2 of this Code;

15  (31) Section 34-21.6 of this Code;

16  (32) Section 22-85.10 of this Code;

17  (33) Section 2-3.196 of this Code;

18  (34) Section 22-95 of this Code;

19  (35) Section 34-18.62 of this Code;

20  (36) the Illinois Human Rights Act; and

21  (37) Section 2-3.204 of this Code.

22  The change made by Public Act 96-104 to this subsection

23 (g) is declaratory of existing law.

24  (h) A charter school may negotiate and contract with a

25 school district, the governing body of a State college or

26 university or public community college, or any other public or
    HB3247 Enrolled            - 14 - LRB104 11044 LNS 21126 b

1 for-profit or nonprofit private entity for: (i) the use of a

2 school building and grounds or any other real property or

3 facilities that the charter school desires to use or convert

4 for use as a charter school site, (ii) the operation and

5 maintenance thereof, and (iii) the provision of any service,

6 activity, or undertaking that the charter school is required

7 to perform in order to carry out the terms of its charter.

8 Except as provided in subsection (i) of this Section, a school

9 district may charge a charter school reasonable rent for the

10 use of the district's buildings, grounds, and facilities. Any

11 services for which a charter school contracts with a school

12 district shall be provided by the district at cost. Any

13 services for which a charter school contracts with a local

14 school board or with the governing body of a State college or

15 university or public community college shall be provided by

16 the public entity at cost.

17  (i) In no event shall a charter school that is established

18 by converting an existing school or attendance center to

19 charter school status be required to pay rent for space that is

20 deemed available, as negotiated and provided in the charter

21 agreement, in school district facilities. However, all other

22 costs for the operation and maintenance of school district

23 facilities that are used by the charter school shall be

24 subject to negotiation between the charter school and the

25 local school board and shall be set forth in the charter.

26  (j) A charter school may limit student enrollment by age
    HB3247 Enrolled  - 15 - LRB104 11044 LNS 21126 b

1 or grade level.

2   (k) If the charter school is authorized by the State

3 Board, then the charter school is its own local education

4 agency.

5 (Source: P.A. 102-51, eff. 7-9-21; 102-157, eff. 7-1-22;

6 102-360, eff. 1-1-22; 102-445, eff. 8-20-21; 102-522, eff.

7 8-20-21; 102-558, eff. 8-20-21; 102-676, eff. 12-3-21;

8 102-697, eff. 4-5-22; 102-702, eff. 7-1-23; 102-805, eff.

9 1-1-23; 102-813, eff. 5-13-22; 103-154, eff. 6-30-23; 103-175,

10 eff. 6-30-23; 103-472, eff. 8-1-24; 103-605, eff. 7-1-24;

11 103-641, eff. 7-1-24; 103-806, eff. 1-1-25; revised 10-9-24.)

12  (Text of Section after amendment by P.A. 102-466)

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

14  (a) A charter school shall be a public, nonsectarian,

15 nonreligious, non-home based, and non-profit school. A charter

16 school shall be organized and operated as a nonprofit

17 corporation or other discrete, legal, nonprofit entity

18 authorized under the laws of the State of Illinois.

19  (b) A charter school may be established under this Article

20 by creating a new school or by converting an existing public

21 school or attendance center to charter school status. In all

22 new applications to establish a charter school in a city

23 having a population exceeding 500,000, operation of the

24 charter school shall be limited to one campus. This limitation

25 does not apply to charter schools existing or approved on or
    HB3247 Enrolled       - 16 - LRB104 11044 LNS 21126 b

1 before April 16, 2003.

2   (b-5) (Blank).

3   (c) A charter school shall be administered and governed by

4 its board of directors or other governing body in the manner

5 provided in its charter. The governing body of a charter

6 school shall be subject to the Freedom of Information Act and

7 the Open Meetings Act. A charter school's board of directors

8 or other governing body must include at least one parent or

9 guardian of a pupil currently enrolled in the charter school

10 who may be selected through the charter school or a charter

11 network election, appointment by the charter school's board of

12 directors or other governing body, or by the charter school's

13 Parent Teacher Organization or its equivalent.

14  (c-5) No later than January 1, 2021 or within the first

15 year of his or her first term, every voting member of a charter

16 school's board of directors or other governing body shall

17 complete a minimum of 4 hours of professional development

18 leadership training to ensure that each member has sufficient

19 familiarity with the board's or governing body's role and

20 responsibilities, including financial oversight and

21 accountability of the school, evaluating the principal's and

22 school's performance, adherence to the Freedom of Information

23 Act and the Open Meetings Act, and compliance with education

24 and labor law. In each subsequent year of his or her term, a

25 voting member of a charter school's board of directors or

26 other governing body shall complete a minimum of 2 hours of
    HB3247 Enrolled  - 17 - LRB104 11044 LNS 21126 b

1 professional development training in these same areas. The

2 training under this subsection may be provided or certified by

3 a statewide charter school membership association or may be

4 provided or certified by other qualified providers approved by

5 the State Board.

6   (d) For purposes of this subsection (d), "non-curricular

7 health and safety requirement" means any health and safety

8 requirement created by statute or rule to provide, maintain,

9 preserve, or safeguard safe or healthful conditions for

10 students and school personnel or to eliminate, reduce, or

11 prevent threats to the health and safety of students and

12 school personnel. "Non-curricular health and safety

13 requirement" does not include any course of study or

14 specialized instructional requirement for which the State

15 Board has established goals and learning standards or which is

16 designed primarily to impart knowledge and skills for students

17 to master and apply as an outcome of their education.

18  A charter school shall comply with all non-curricular

19 health and safety requirements applicable to public schools

20 under the laws of the State of Illinois. The State Board shall

21 promulgate and post on its Internet website a list of

22 non-curricular health and safety requirements that a charter

23 school must meet. The list shall be updated annually no later

24 than September 1. Any charter contract between a charter

25 school and its authorizer must contain a provision that

26 requires the charter school to follow the list of all
    HB3247 Enrolled  - 18 - LRB104 11044 LNS 21126 b

1 non-curricular health and safety requirements promulgated by

2 the State Board and any non-curricular health and safety

3 requirements added by the State Board to such list during the

4 term of the charter. Nothing in this subsection (d) precludes

5 an authorizer from including non-curricular health and safety

6 requirements in a charter school contract that are not

7 contained in the list promulgated by the State Board,

8 including non-curricular health and safety requirements of the

9 authorizing local school board.

10  (e) Except as otherwise provided in the School Code, a

11 charter school shall not charge tuition; provided that a

12 charter school may charge reasonable fees for textbooks,

13 instructional materials, and student activities.

14  (f) A charter school shall be responsible for the

15 management and operation of its fiscal affairs, including, but

16 not limited to, the preparation of its budget. An audit of each

17 charter school's finances shall be conducted annually by an

18 outside, independent contractor retained by the charter

19 school. The contractor shall not be an employee of the charter

20 school or affiliated with the charter school or its authorizer

21 in any way, other than to audit the charter school's finances.

22 To ensure financial accountability for the use of public

23 funds, on or before December 1 of every year of operation, each

24 charter school shall submit to its authorizer and the State

25 Board a copy of its audit and a copy of the Form 990 the

26 charter school filed that year with the federal Internal
    HB3247 Enrolled     - 19 - LRB104 11044 LNS 21126 b

1 Revenue Service. In addition, if deemed necessary for proper

2 financial oversight of the charter school, an authorizer may

3 require quarterly financial statements from each charter

4 school.

5   (g) A charter school shall comply with all provisions of

6 this Article, the Illinois Educational Labor Relations Act,

7 all federal and State laws and rules applicable to public

8 schools that pertain to special education and the instruction

9 of English learners, and its charter. A charter school is

10 exempt from all other State laws and regulations in this Code

11 governing public schools and local school board policies;

12 however, a charter school is not exempt from the following:

13         (1) Sections 10-21.9 and 34-18.5 of this Code

14  regarding criminal history records checks and checks of

15  the Statewide Sex Offender Database and Statewide Murderer

16  and Violent Offender Against Youth Database of applicants

17  for employment;

18         (2) Sections 10-20.14, 10-22.6, 22-100, 24-24, 34-19,

19  and 34-84a of this Code regarding discipline of students;

20         (3) the Local Governmental and Governmental Employees

21  Tort Immunity Act;

22         (4) Section 108.75 of the General Not For Profit

23  Corporation Act of 1986 regarding indemnification of

24  officers, directors, employees, and agents;

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

26         (5.5) subsection (b) of Section 10-23.12 and
    HB3247 Enrolled        - 20 - LRB104 11044 LNS 21126 b

1   subsection (b) of Section 34-18.6 of this Code;

2   (6) the Illinois School Student Records Act;

3   (7) Section 10-17a of this Code regarding school

4   report cards;

5   (8) the P-20 Longitudinal Education Data System Act;

6   (9) Section 27-23.7 of this Code regarding bullying

7   prevention;

8   (10) Section 2-3.162 of this Code regarding student

9   discipline reporting;

10  (11) Sections 22-80 and 27-8.1 of this Code;

11  (12) Sections 10-20.60 and 34-18.53 of this Code;

12  (13) Sections 10-20.63 and 34-18.56 of this Code;

13  (14) Sections 22-90 and 26-18 of this Code;

14  (15) Section 22-30 of this Code;

15  (16) Sections 24-12 and 34-85 of this Code;

16  (17) the Seizure Smart School Act;

17  (18) Section 2-3.64a-10 of this Code;

18  (19) Sections 10-20.73 and 34-21.9 of this Code;

19  (20) Section 10-22.25b of this Code;

20  (21) Section 27-9.1a of this Code;

21  (22) Section 27-9.1b of this Code;

22  (23) Section 34-18.8 of this Code;

23  (24) Article 26A of this Code;

24  (25) Section 2-3.188 of this Code;

25  (26) Section 22-85.5 of this Code;

26  (27) subsections (d-10), (d-15), and (d-20) of Section
    HB3247 Enrolled         - 21 - LRB104 11044 LNS 21126 b

1   10-20.56 of this Code;

2   (28) Sections 10-20.83 and 34-18.78 of this Code;

3   (29) Section 10-20.13 of this Code;

4   (30) Section 28-19.2 of this Code;

5   (31) Section 34-21.6 of this Code;

6   (32) Section 22-85.10 of this Code;

7   (33) Section 2-3.196 of this Code;

8   (34) Section 22-95 of this Code;

9   (35) Section 34-18.62 of this Code;

10  (36) the Illinois Human Rights Act; and

11  (37) Section 2-3.204 of this Code; and.

12  (38) Section 22-105 of this Code.

13  The change made by Public Act 96-104 to this subsection

14 (g) is declaratory of existing law.

15  (h) A charter school may negotiate and contract with a

16 school district, the governing body of a State college or

17 university or public community college, or any other public or

18 for-profit or nonprofit private entity for: (i) the use of a

19 school building and grounds or any other real property or

20 facilities that the charter school desires to use or convert

21 for use as a charter school site, (ii) the operation and

22 maintenance thereof, and (iii) the provision of any service,

23 activity, or undertaking that the charter school is required

24 to perform in order to carry out the terms of its charter.

25 Except as provided in subsection (i) of this Section, a school

26 district may charge a charter school reasonable rent for the
    HB3247 Enrolled           - 22 - LRB104 11044 LNS 21126 b

1 use of the district's buildings, grounds, and facilities. Any

2 services for which a charter school contracts with a school

3 district shall be provided by the district at cost. Any

4 services for which a charter school contracts with a local

5 school board or with the governing body of a State college or

6 university or public community college shall be provided by

7 the public entity at cost.

8   (i) In no event shall a charter school that is established

9 by converting an existing school or attendance center to

10 charter school status be required to pay rent for space that is

11 deemed available, as negotiated and provided in the charter

12 agreement, in school district facilities. However, all other

13 costs for the operation and maintenance of school district

14 facilities that are used by the charter school shall be

15 subject to negotiation between the charter school and the

16 local school board and shall be set forth in the charter.

17  (j) A charter school may limit student enrollment by age

18 or grade level.

19  (k) If the charter school is authorized by the State

20 Board, then the charter school is its own local education

21 agency.

22 (Source: P.A. 102-51, eff. 7-9-21; 102-157, eff. 7-1-22;

23 102-360, eff. 1-1-22; 102-445, eff. 8-20-21; 102-466, eff.

24 7-1-25; 102-522, eff. 8-20-21; 102-558, eff. 8-20-21; 102-676,

25 eff. 12-3-21; 102-697, eff. 4-5-22; 102-702, eff. 7-1-23;

26 102-805, eff. 1-1-23; 102-813, eff. 5-13-22; 103-154, eff.
   HB3247 Enrolled  - 23 - LRB104 11044 LNS 21126 b

1 6-30-23; 103-175, eff. 6-30-23; 103-472, eff. 8-1-24; 103-605,
2 eff. 7-1-24; 103-641, eff. 7-1-24; 103-806, eff. 1-1-25;
3 revised 11-26-24.)

4  Section 95. No acceleration or delay. Where this Act makes

5 changes in a statute that is represented in this Act by text

6 that is not yet or no longer in effect (for example, a Section

7 represented by multiple versions), the use of that text does

8 not accelerate or delay the taking effect of (i) the changes

9 made by this Act or (ii) provisions derived from any other

10 Public Act.
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