Illinois 2025-2026 Regular Session

Illinois House Bill HB3806 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3806 Introduced , by Rep. Amy L. Grant SYNOPSIS AS INTRODUCED: New Act105 ILCS 5/27A-5 Creates the Curriculum Transparency Act. Requires each school that is operated by a school district or as a public charter school to disclose, not more than 10 days after the first use, on a publicly accessible portion of the school's website or the school district's website: (1) the procedures or processes in effect for the school principal or other staff to document, review, or approve lesson plans or the learning materials and activities used for student instruction at the school; (2) a listing of the teacher and staff training materials and activities used at the school in the current school year; and (3) a listing of the learning materials and activities used for student instruction at the school in the current school year. Provides that neither the State Board of Education nor the school district's school board or public charter school's governing body nor any staff acting in the course of their official duties shall purchase or contract for copyrighted learning materials to be used for student instruction at a school, unless provision is made to allow the parents and guardians of enrolled students to review the materials within 10 school days after the submission of a written request to the school. Sets forth ways a party may enforce the Act. Amends the Charter Schools Law of the School Code to make a related change. LRB104 08895 LNS 18950 b STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3806 Introduced , by Rep. Amy L. Grant SYNOPSIS AS INTRODUCED: New Act105 ILCS 5/27A-5 New Act 105 ILCS 5/27A-5 Creates the Curriculum Transparency Act. Requires each school that is operated by a school district or as a public charter school to disclose, not more than 10 days after the first use, on a publicly accessible portion of the school's website or the school district's website: (1) the procedures or processes in effect for the school principal or other staff to document, review, or approve lesson plans or the learning materials and activities used for student instruction at the school; (2) a listing of the teacher and staff training materials and activities used at the school in the current school year; and (3) a listing of the learning materials and activities used for student instruction at the school in the current school year. Provides that neither the State Board of Education nor the school district's school board or public charter school's governing body nor any staff acting in the course of their official duties shall purchase or contract for copyrighted learning materials to be used for student instruction at a school, unless provision is made to allow the parents and guardians of enrolled students to review the materials within 10 school days after the submission of a written request to the school. Sets forth ways a party may enforce the Act. Amends the Charter Schools Law of the School Code to make a related change. LRB104 08895 LNS 18950 b LRB104 08895 LNS 18950 b STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY A BILL FOR
2	2	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3806 Introduced , by Rep. Amy L. Grant SYNOPSIS AS INTRODUCED:
3	3	New Act105 ILCS 5/27A-5 New Act 105 ILCS 5/27A-5
4	4	New Act
5	5	105 ILCS 5/27A-5
6	6	Creates the Curriculum Transparency Act. Requires each school that is operated by a school district or as a public charter school to disclose, not more than 10 days after the first use, on a publicly accessible portion of the school's website or the school district's website: (1) the procedures or processes in effect for the school principal or other staff to document, review, or approve lesson plans or the learning materials and activities used for student instruction at the school; (2) a listing of the teacher and staff training materials and activities used at the school in the current school year; and (3) a listing of the learning materials and activities used for student instruction at the school in the current school year. Provides that neither the State Board of Education nor the school district's school board or public charter school's governing body nor any staff acting in the course of their official duties shall purchase or contract for copyrighted learning materials to be used for student instruction at a school, unless provision is made to allow the parents and guardians of enrolled students to review the materials within 10 school days after the submission of a written request to the school. Sets forth ways a party may enforce the Act. Amends the Charter Schools Law of the School Code to make a related change.
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9	9	STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY
10	10	STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY
11	11	A BILL FOR
12	12	HB3806LRB104 08895 LNS 18950 b HB3806 LRB104 08895 LNS 18950 b
13	13	HB3806 LRB104 08895 LNS 18950 b
14	14	1 AN ACT concerning education.
15	15	2 Be it enacted by the People of the State of Illinois,
16	16	3 represented in the General Assembly:
17	17	4 Section 1. Short title. This Act may be cited as the
18	18	5 Curriculum Transparency Act.
19	19	6 Section 5. Online transparency.
20	20	7 (a) For purposes of this Section:
21	21	8 "Action-oriented civics learning assignments or projects"
22	22	9 includes assignments or projects that require students to
23	23	10 contact elected officials or advocate for a political or
24	24	11 social cause or to participate in political or social
25	25	12 demonstrations.
26	26	13 "Guest lecture" includes a presentation or educational
27	27	14 event conducted by an outside individual or organization,
28	28	15 including those facilitated by a school's staff. "Guest
29	29	16 lecture" does not include a student presentation given by
30	30	17 students enrolled at a school.
31	31	18 "Lesson plan" means the daily, weekly, or other routinely
32	32	19 produced guide, description, or outline of the instruction to
33	33	20 be provided by a teacher to students at a school.
34	34	21 "Materials and activities used for student instruction"
35	35	22 includes, but is not limited to, learning materials or
36	36	23 activities from which students are required to choose one or
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40	40	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3806 Introduced , by Rep. Amy L. Grant SYNOPSIS AS INTRODUCED:
41	41	New Act105 ILCS 5/27A-5 New Act 105 ILCS 5/27A-5
42	42	New Act
43	43	105 ILCS 5/27A-5
44	44	Creates the Curriculum Transparency Act. Requires each school that is operated by a school district or as a public charter school to disclose, not more than 10 days after the first use, on a publicly accessible portion of the school's website or the school district's website: (1) the procedures or processes in effect for the school principal or other staff to document, review, or approve lesson plans or the learning materials and activities used for student instruction at the school; (2) a listing of the teacher and staff training materials and activities used at the school in the current school year; and (3) a listing of the learning materials and activities used for student instruction at the school in the current school year. Provides that neither the State Board of Education nor the school district's school board or public charter school's governing body nor any staff acting in the course of their official duties shall purchase or contract for copyrighted learning materials to be used for student instruction at a school, unless provision is made to allow the parents and guardians of enrolled students to review the materials within 10 school days after the submission of a written request to the school. Sets forth ways a party may enforce the Act. Amends the Charter Schools Law of the School Code to make a related change.
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47	47	STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY
48	48	STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY
49	49	A BILL FOR
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55	55	New Act
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62	62	STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY
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79	79	1 more from a selection of materials that is restricted to
80	80	2 specific titles, such as the titles of books in a teacher's
81	81	3 classroom library.
82	82	4 "Service-learning projects" includes both of the
83	83	5 following:
84	84	6 (1) any requirement to participate in internships or
85	85	7 other forms of collaboration with outside organizations
86	86	8 after regular school hours for course credit or as a class
87	87	9 project or assignment; and
88	88	10 (2) the specific internships or organizations selected
89	89	11 by students if the selection is made from a list of
90	90	12 specific internships or organizations provided by the
91	91	13 school or its staff.
92	92	14 "Used for student instruction" means assigned,
93	93	15 distributed, or otherwise presented to students in any course
94	94	16 for which students receive academic credit or in any
95	95	17 educational capacity in which a school requires the student
96	96	18 body to participate or in which a majority of students in a
97	97	19 given grade level participate.
98	98	20 (b) Each school that is operated by a school district or as
99	99	21 a public charter school shall disclose, on a publicly
100	100	22 accessible portion of the school's website or, at the school
101	101	23 district's discretion, the school district's website, all of
102	102	24 the following:
103	103	25 (1) The procedures or processes in effect for the
104	104	26 school principal or other staff to document, review, or
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115	115	1 approve lesson plans or the learning materials and
116	116	2 activities used for student instruction at the school.
117	117	3 (2) A listing of the teacher and staff training
118	118	4 materials and activities used at the school in the current
119	119	5 school year.
120	120	6 (3) A listing of the learning materials and activities
121	121	7 used for student instruction at the school in the current
122	122	8 school year, including at least the following, organized,
123	123	9 at a minimum, by subject area, grade, and teacher:
124	124	10 (A) Textbooks, articles, and other required
125	125	11 reading materials; videos and audio recordings;
126	126	12 digital materials; websites; instructional handouts
127	127	13 and worksheets; device-based applications, including,
128	128	14 but not limited to, smartphone, laptop, or
129	129	15 tablet-based applications; materials and topics
130	130	16 presented at grade-level or schoolwide assemblies;
131	131	17 guest lectures; action-oriented civics learning
132	132	18 assignments or projects; and service-learning
133	133	19 projects.
134	134	20 (B) The title, author, or organization and, if
135	135	21 accessed online, the uniform resource locator (URL)
136	136	22 associated with the material or activity.
137	137	23 (c) The school shall list the required materials and
138	138	24 activities online not more than 10 school days after the first
139	139	25 use of each material or activity. The list shall be accessible
140	140	26 via the school's website for at least 2 years and
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151	151	1 electronically searchable or sortable by grade, course or
152	152	2 subject title, and teacher name. The listing of materials and
153	153	3 activities pursuant to subsection (b) shall be created and
154	154	4 displayed in searchable or sortable electronic formats. The
155	155	5 school or school district may use collaborative, cloud-based
156	156	6 document or spreadsheet software or an online learning
157	157	7 management system that allows multiple authorized users to
158	158	8 update or add to posted content on an ongoing basis, as long as
159	159	9 the information is publicly accessible via a visible link
160	160	10 posted in a conspicuous manner on the school's website.
161	161	11 (d) This Section does not require:
162	162	12 (1) The digital reproduction of the learning materials
163	163	13 or activities.
164	164	14 (2) The posting or distribution of any material or
165	165	15 activity in a manner that would constitute an infringement
166	166	16 of copyright under the federal Copyright Act of 1976.
167	167	17 (3) The listing of materials and activities used (i)
168	168	18 at a school site with fewer than 30 enrolled students or
169	169	19 (ii) solely for individualized special education
170	170	20 instruction as part of an individualized education program
171	171	21 under Article 14 of the School Code or materials and
172	172	22 activities used solely for students with a disability
173	173	23 under Section 504 of the federal Rehabilitation Act of
174	174	24 1973.
175	175	25 Section 10. Parental access.
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186	186	1 (a) Neither the State Board of Education nor the school
187	187	2 district's school board or public charter school's governing
188	188	3 body nor any staff employed by the school district or charter
189	189	4 school and acting in the course of their official duties shall
190	190	5 purchase or contract for copyrighted learning materials to be
191	191	6 used for student instruction at a school, including the
192	192	7 renewal of subscription-based materials for which students are
193	193	8 provided individual login credentials or access via electronic
194	194	9 personal devices, unless provision is made to allow the
195	195	10 parents and guardians of enrolled students to review the
196	196	11 materials within 10 school days after the submission of a
197	197	12 written request to the school. The means of provision shall
198	198	13 include at least one the following:
199	199	14 (1) Providing access to the materials at the school
200	200	15 site during the school's normal hours of operation within
201	201	16 10 school days after a written request.
202	202	17 (2) Providing temporary remote access or login
203	203	18 credentials to at least one copy of the material for
204	204	19 review for at least a 24-hour period following each
205	205	20 request, not to exceed one request per piece of material
206	206	21 per household during each 30-day period.
207	207	22 (b) As used in this subsection (b), "nondisclosure
208	208	23 agreement" means a confidentiality agreement or contract
209	209	24 provision that prohibits the disclosure of information by a
210	210	25 party to the contract.
211	211	26 The parent or guardian reviewing copyrighted digital
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222	222	1 materials must not be required, as a condition of reviewing
223	223	2 the materials, to enter into terms of a nondisclosure
224	224	3 agreement nor waive any rights beyond complying with federal
225	225	4 copyright law.
226	226	5 Section 15. Enforcement. A party may not initiate legal
227	227	6 action to enforce Section 5 or 10 unless the party adheres to
228	228	7 the following process:
229	229	8 (1) The party, which shall be limited to the State
230	230	9 Superintendent of Education, the Attorney General, the
231	231	10 State's Attorney for the county in which an alleged
232	232	11 violation occurs, or a student or the parent or guardian
233	233	12 of a student enrolled in the school district or charter
234	234	13 school in which an alleged violation of this Section
235	235	14 occurs, shall submit a complaint in writing with the
236	236	15 specific facts of the alleged violation to the school
237	237	16 district's school board or the charter school's governing
238	238	17 body or to an administrator designated by the school board
239	239	18 or governing body. The party may not submit more than one
240	240	19 complaint of an alleged violation in any 30-day period.
241	241	20 The complainant may identify multiple materials within a
242	242	21 single course or across courses that have not been posted
243	243	22 or provided in compliance with Section 5 or 10. The board
244	244	23 or administrator shall investigate the complaint and
245	245	24 respond in writing, including a description of any action
246	246	25 taken to resolve the complaint, within 15 calendar days
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257	257	1 after receiving the written complaint.
258	258	2 (2) If the action taken by the school district's
259	259	3 school board or charter school's governing body or the
260	260	4 designated administrator does not resolve the complaint in
261	261	5 a manner that ensures compliance with this Act, the State
262	262	6 Superintendent of Education, the Attorney General, the
263	263	7 State's Attorney for the county in which an alleged
264	264	8 violation occurs, or a student or the parent or guardian
265	265	9 of a student enrolled in the school district or charter
266	266	10 school in which an alleged violation of this Act occurs,
267	267	11 may initiate a suit in the district court in the county in
268	268	12 which the alleged violation occurs to bring action for
269	269	13 injunctive relief or a writ of mandamus to compel the
270	270	14 school district's school board or charter school's
271	271	15 governing body to comply with this Act. If a student or
272	272	16 parent or guardian of a student prevails, the court shall
273	273	17 award reasonable attorney's fees to the prevailing party.
274	274	18 (3) If the employment of an individual at the school
275	275	19 has been discontinued or an Internet address that
276	276	20 functioned at the time of the initial posting subsequently
277	277	21 ceases to function, the school district's school board or
278	278	22 charter school's governing body may not be held liable for
279	279	23 not posting or updating the listing of materials required
280	280	24 in Section 5 beyond what has previously been posted.
281	281	25 (4) An attorney acting on behalf of a school district
282	282	26 or charter school may request a legal opinion of the
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293	293	1 Attorney General or the State's Attorney for the county in
294	294	2 which an alleged violation of Section 5 or 10 occurs as to
295	295	3 whether the actions taken by the school district or
296	296	4 charter school comply.
297	297	5 Section 90. The School Code is amended by changing Section
298	298	6 27A-5 as follows:
299	299	7 (105 ILCS 5/27A-5)
300	300	8 (Text of Section before amendment by P.A. 102-466)
301	301	9 Sec. 27A-5. Charter school; legal entity; requirements.
302	302	10 (a) A charter school shall be a public, nonsectarian,
303	303	11 nonreligious, non-home based, and non-profit school. A charter
304	304	12 school shall be organized and operated as a nonprofit
305	305	13 corporation or other discrete, legal, nonprofit entity
306	306	14 authorized under the laws of the State of Illinois.
307	307	15 (b) A charter school may be established under this Article
308	308	16 by creating a new school or by converting an existing public
309	309	17 school or attendance center to charter school status. In all
310	310	18 new applications to establish a charter school in a city
311	311	19 having a population exceeding 500,000, operation of the
312	312	20 charter school shall be limited to one campus. This limitation
313	313	21 does not apply to charter schools existing or approved on or
314	314	22 before April 16, 2003.
315	315	23 (b-5) (Blank).
316	316	24 (c) A charter school shall be administered and governed by
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327	327	1 its board of directors or other governing body in the manner
328	328	2 provided in its charter. The governing body of a charter
329	329	3 school shall be subject to the Freedom of Information Act and
330	330	4 the Open Meetings Act. A charter school's board of directors
331	331	5 or other governing body must include at least one parent or
332	332	6 guardian of a pupil currently enrolled in the charter school
333	333	7 who may be selected through the charter school or a charter
334	334	8 network election, appointment by the charter school's board of
335	335	9 directors or other governing body, or by the charter school's
336	336	10 Parent Teacher Organization or its equivalent.
337	337	11 (c-5) No later than January 1, 2021 or within the first
338	338	12 year of his or her first term, every voting member of a charter
339	339	13 school's board of directors or other governing body shall
340	340	14 complete a minimum of 4 hours of professional development
341	341	15 leadership training to ensure that each member has sufficient
342	342	16 familiarity with the board's or governing body's role and
343	343	17 responsibilities, including financial oversight and
344	344	18 accountability of the school, evaluating the principal's and
345	345	19 school's performance, adherence to the Freedom of Information
346	346	20 Act and the Open Meetings Act, and compliance with education
347	347	21 and labor law. In each subsequent year of his or her term, a
348	348	22 voting member of a charter school's board of directors or
349	349	23 other governing body shall complete a minimum of 2 hours of
350	350	24 professional development training in these same areas. The
351	351	25 training under this subsection may be provided or certified by
352	352	26 a statewide charter school membership association or may be
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363	363	1 provided or certified by other qualified providers approved by
364	364	2 the State Board.
365	365	3 (d) For purposes of this subsection (d), "non-curricular
366	366	4 health and safety requirement" means any health and safety
367	367	5 requirement created by statute or rule to provide, maintain,
368	368	6 preserve, or safeguard safe or healthful conditions for
369	369	7 students and school personnel or to eliminate, reduce, or
370	370	8 prevent threats to the health and safety of students and
371	371	9 school personnel. "Non-curricular health and safety
372	372	10 requirement" does not include any course of study or
373	373	11 specialized instructional requirement for which the State
374	374	12 Board has established goals and learning standards or which is
375	375	13 designed primarily to impart knowledge and skills for students
376	376	14 to master and apply as an outcome of their education.
377	377	15 A charter school shall comply with all non-curricular
378	378	16 health and safety requirements applicable to public schools
379	379	17 under the laws of the State of Illinois. The State Board shall
380	380	18 promulgate and post on its Internet website a list of
381	381	19 non-curricular health and safety requirements that a charter
382	382	20 school must meet. The list shall be updated annually no later
383	383	21 than September 1. Any charter contract between a charter
384	384	22 school and its authorizer must contain a provision that
385	385	23 requires the charter school to follow the list of all
386	386	24 non-curricular health and safety requirements promulgated by
387	387	25 the State Board and any non-curricular health and safety
388	388	26 requirements added by the State Board to such list during the
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399	399	1 term of the charter. Nothing in this subsection (d) precludes
400	400	2 an authorizer from including non-curricular health and safety
401	401	3 requirements in a charter school contract that are not
402	402	4 contained in the list promulgated by the State Board,
403	403	5 including non-curricular health and safety requirements of the
404	404	6 authorizing local school board.
405	405	7 (e) Except as otherwise provided in the School Code, a
406	406	8 charter school shall not charge tuition; provided that a
407	407	9 charter school may charge reasonable fees for textbooks,
408	408	10 instructional materials, and student activities.
409	409	11 (f) A charter school shall be responsible for the
410	410	12 management and operation of its fiscal affairs, including, but
411	411	13 not limited to, the preparation of its budget. An audit of each
412	412	14 charter school's finances shall be conducted annually by an
413	413	15 outside, independent contractor retained by the charter
414	414	16 school. The contractor shall not be an employee of the charter
415	415	17 school or affiliated with the charter school or its authorizer
416	416	18 in any way, other than to audit the charter school's finances.
417	417	19 To ensure financial accountability for the use of public
418	418	20 funds, on or before December 1 of every year of operation, each
419	419	21 charter school shall submit to its authorizer and the State
420	420	22 Board a copy of its audit and a copy of the Form 990 the
421	421	23 charter school filed that year with the federal Internal
422	422	24 Revenue Service. In addition, if deemed necessary for proper
423	423	25 financial oversight of the charter school, an authorizer may
424	424	26 require quarterly financial statements from each charter
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435	435	1 school.
436	436	2 (g) A charter school shall comply with all provisions of
437	437	3 this Article, the Illinois Educational Labor Relations Act,
438	438	4 all federal and State laws and rules applicable to public
439	439	5 schools that pertain to special education and the instruction
440	440	6 of English learners, and its charter. A charter school is
441	441	7 exempt from all other State laws and regulations in this Code
442	442	8 governing public schools and local school board policies;
443	443	9 however, a charter school is not exempt from the following:
444	444	10 (1) Sections 10-21.9 and 34-18.5 of this Code
445	445	11 regarding criminal history records checks and checks of
446	446	12 the Statewide Sex Offender Database and Statewide Murderer
447	447	13 and Violent Offender Against Youth Database of applicants
448	448	14 for employment;
449	449	15 (2) Sections 10-20.14, 10-22.6, 22-100, 24-24, 34-19,
450	450	16 and 34-84a of this Code regarding discipline of students;
451	451	17 (3) the Local Governmental and Governmental Employees
452	452	18 Tort Immunity Act;
453	453	19 (4) Section 108.75 of the General Not For Profit
454	454	20 Corporation Act of 1986 regarding indemnification of
455	455	21 officers, directors, employees, and agents;
456	456	22 (5) the Abused and Neglected Child Reporting Act;
457	457	23 (5.5) subsection (b) of Section 10-23.12 and
458	458	24 subsection (b) of Section 34-18.6 of this Code;
459	459	25 (6) the Illinois School Student Records Act;
460	460	26 (7) Section 10-17a of this Code regarding school
461	461
462	462
463	463
464	464
465	465
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471	471	1 report cards;
472	472	2 (8) the P-20 Longitudinal Education Data System Act;
473	473	3 (9) Section 27-23.7 of this Code regarding bullying
474	474	4 prevention;
475	475	5 (10) Section 2-3.162 of this Code regarding student
476	476	6 discipline reporting;
477	477	7 (11) Sections 22-80 and 27-8.1 of this Code;
478	478	8 (12) Sections 10-20.60 and 34-18.53 of this Code;
479	479	9 (13) Sections 10-20.63 and 34-18.56 of this Code;
480	480	10 (14) Sections 22-90 and 26-18 of this Code;
481	481	11 (15) Section 22-30 of this Code;
482	482	12 (16) Sections 24-12 and 34-85 of this Code;
483	483	13 (17) the Seizure Smart School Act;
484	484	14 (18) Section 2-3.64a-10 of this Code;
485	485	15 (19) Sections 10-20.73 and 34-21.9 of this Code;
486	486	16 (20) Section 10-22.25b of this Code;
487	487	17 (21) Section 27-9.1a of this Code;
488	488	18 (22) Section 27-9.1b of this Code;
489	489	19 (23) Section 34-18.8 of this Code;
490	490	20 (25) Section 2-3.188 of this Code;
491	491	21 (26) Section 22-85.5 of this Code;
492	492	22 (27) subsections (d-10), (d-15), and (d-20) of Section
493	493	23 10-20.56 of this Code;
494	494	24 (28) Sections 10-20.83 and 34-18.78 of this Code;
495	495	25 (29) Section 10-20.13 of this Code;
496	496	26 (30) Section 28-19.2 of this Code;
497	497
498	498
499	499
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506	506	HB3806 - 14 - LRB104 08895 LNS 18950 b
507	507	1 (31) Section 34-21.6 of this Code;
508	508	2 (32) Section 22-85.10 of this Code;
509	509	3 (33) Section 2-3.196 of this Code;
510	510	4 (34) Section 22-95 of this Code;
511	511	5 (35) Section 34-18.62 of this Code;
512	512	6 (36) the Illinois Human Rights Act; and
513	513	7 (37) Section 2-3.204 of this Code; and .
514	514	8 (38) the Curriculum Transparency Act.
515	515	9 The change made by Public Act 96-104 to this subsection
516	516	10 (g) is declaratory of existing law.
517	517	11 (h) A charter school may negotiate and contract with a
518	518	12 school district, the governing body of a State college or
519	519	13 university or public community college, or any other public or
520	520	14 for-profit or nonprofit private entity for: (i) the use of a
521	521	15 school building and grounds or any other real property or
522	522	16 facilities that the charter school desires to use or convert
523	523	17 for use as a charter school site, (ii) the operation and
524	524	18 maintenance thereof, and (iii) the provision of any service,
525	525	19 activity, or undertaking that the charter school is required
526	526	20 to perform in order to carry out the terms of its charter.
527	527	21 Except as provided in subsection (i) of this Section, a school
528	528	22 district may charge a charter school reasonable rent for the
529	529	23 use of the district's buildings, grounds, and facilities. Any
530	530	24 services for which a charter school contracts with a school
531	531	25 district shall be provided by the district at cost. Any
532	532	26 services for which a charter school contracts with a local
533	533
534	534
535	535
536	536
537	537
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543	543	1 school board or with the governing body of a State college or
544	544	2 university or public community college shall be provided by
545	545	3 the public entity at cost.
546	546	4 (i) In no event shall a charter school that is established
547	547	5 by converting an existing school or attendance center to
548	548	6 charter school status be required to pay rent for space that is
549	549	7 deemed available, as negotiated and provided in the charter
550	550	8 agreement, in school district facilities. However, all other
551	551	9 costs for the operation and maintenance of school district
552	552	10 facilities that are used by the charter school shall be
553	553	11 subject to negotiation between the charter school and the
554	554	12 local school board and shall be set forth in the charter.
555	555	13 (j) A charter school may limit student enrollment by age
556	556	14 or grade level.
557	557	15 (k) If the charter school is authorized by the State
558	558	16 Board, then the charter school is its own local education
559	559	17 agency.
560	560	18 (Source: P.A. 102-51, eff. 7-9-21; 102-157, eff. 7-1-22;
561	561	19 102-360, eff. 1-1-22; 102-445, eff. 8-20-21; 102-522, eff.
562	562	20 8-20-21; 102-558, eff. 8-20-21; 102-676, eff. 12-3-21;
563	563	21 102-697, eff. 4-5-22; 102-702, eff. 7-1-23; 102-805, eff.
564	564	22 1-1-23; 102-813, eff. 5-13-22; 103-154, eff. 6-30-23; 103-175,
565	565	23 eff. 6-30-23; 103-472, eff. 8-1-24; 103-605, eff. 7-1-24;
566	566	24 103-641, eff. 7-1-24; 103-806, eff. 1-1-25; revised 10-9-24.)
567	567	25 (Text of Section after amendment by P.A. 102-466)
568	568
569	569
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578	578	1 Sec. 27A-5. Charter school; legal entity; requirements.
579	579	2 (a) A charter school shall be a public, nonsectarian,
580	580	3 nonreligious, non-home based, and non-profit school. A charter
581	581	4 school shall be organized and operated as a nonprofit
582	582	5 corporation or other discrete, legal, nonprofit entity
583	583	6 authorized under the laws of the State of Illinois.
584	584	7 (b) A charter school may be established under this Article
585	585	8 by creating a new school or by converting an existing public
586	586	9 school or attendance center to charter school status. In all
587	587	10 new applications to establish a charter school in a city
588	588	11 having a population exceeding 500,000, operation of the
589	589	12 charter school shall be limited to one campus. This limitation
590	590	13 does not apply to charter schools existing or approved on or
591	591	14 before April 16, 2003.
592	592	15 (b-5) (Blank).
593	593	16 (c) A charter school shall be administered and governed by
594	594	17 its board of directors or other governing body in the manner
595	595	18 provided in its charter. The governing body of a charter
596	596	19 school shall be subject to the Freedom of Information Act and
597	597	20 the Open Meetings Act. A charter school's board of directors
598	598	21 or other governing body must include at least one parent or
599	599	22 guardian of a pupil currently enrolled in the charter school
600	600	23 who may be selected through the charter school or a charter
601	601	24 network election, appointment by the charter school's board of
602	602	25 directors or other governing body, or by the charter school's
603	603	26 Parent Teacher Organization or its equivalent.
604	604
605	605
606	606
607	607
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614	614	1 (c-5) No later than January 1, 2021 or within the first
615	615	2 year of his or her first term, every voting member of a charter
616	616	3 school's board of directors or other governing body shall
617	617	4 complete a minimum of 4 hours of professional development
618	618	5 leadership training to ensure that each member has sufficient
619	619	6 familiarity with the board's or governing body's role and
620	620	7 responsibilities, including financial oversight and
621	621	8 accountability of the school, evaluating the principal's and
622	622	9 school's performance, adherence to the Freedom of Information
623	623	10 Act and the Open Meetings Act, and compliance with education
624	624	11 and labor law. In each subsequent year of his or her term, a
625	625	12 voting member of a charter school's board of directors or
626	626	13 other governing body shall complete a minimum of 2 hours of
627	627	14 professional development training in these same areas. The
628	628	15 training under this subsection may be provided or certified by
629	629	16 a statewide charter school membership association or may be
630	630	17 provided or certified by other qualified providers approved by
631	631	18 the State Board.
632	632	19 (d) For purposes of this subsection (d), "non-curricular
633	633	20 health and safety requirement" means any health and safety
634	634	21 requirement created by statute or rule to provide, maintain,
635	635	22 preserve, or safeguard safe or healthful conditions for
636	636	23 students and school personnel or to eliminate, reduce, or
637	637	24 prevent threats to the health and safety of students and
638	638	25 school personnel. "Non-curricular health and safety
639	639	26 requirement" does not include any course of study or
640	640
641	641
642	642
643	643
644	644
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646	646
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649	649	HB3806 - 18 - LRB104 08895 LNS 18950 b
650	650	1 specialized instructional requirement for which the State
651	651	2 Board has established goals and learning standards or which is
652	652	3 designed primarily to impart knowledge and skills for students
653	653	4 to master and apply as an outcome of their education.
654	654	5 A charter school shall comply with all non-curricular
655	655	6 health and safety requirements applicable to public schools
656	656	7 under the laws of the State of Illinois. The State Board shall
657	657	8 promulgate and post on its Internet website a list of
658	658	9 non-curricular health and safety requirements that a charter
659	659	10 school must meet. The list shall be updated annually no later
660	660	11 than September 1. Any charter contract between a charter
661	661	12 school and its authorizer must contain a provision that
662	662	13 requires the charter school to follow the list of all
663	663	14 non-curricular health and safety requirements promulgated by
664	664	15 the State Board and any non-curricular health and safety
665	665	16 requirements added by the State Board to such list during the
666	666	17 term of the charter. Nothing in this subsection (d) precludes
667	667	18 an authorizer from including non-curricular health and safety
668	668	19 requirements in a charter school contract that are not
669	669	20 contained in the list promulgated by the State Board,
670	670	21 including non-curricular health and safety requirements of the
671	671	22 authorizing local school board.
672	672	23 (e) Except as otherwise provided in the School Code, a
673	673	24 charter school shall not charge tuition; provided that a
674	674	25 charter school may charge reasonable fees for textbooks,
675	675	26 instructional materials, and student activities.
676	676
677	677
678	678
679	679
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686	686	1 (f) A charter school shall be responsible for the
687	687	2 management and operation of its fiscal affairs, including, but
688	688	3 not limited to, the preparation of its budget. An audit of each
689	689	4 charter school's finances shall be conducted annually by an
690	690	5 outside, independent contractor retained by the charter
691	691	6 school. The contractor shall not be an employee of the charter
692	692	7 school or affiliated with the charter school or its authorizer
693	693	8 in any way, other than to audit the charter school's finances.
694	694	9 To ensure financial accountability for the use of public
695	695	10 funds, on or before December 1 of every year of operation, each
696	696	11 charter school shall submit to its authorizer and the State
697	697	12 Board a copy of its audit and a copy of the Form 990 the
698	698	13 charter school filed that year with the federal Internal
699	699	14 Revenue Service. In addition, if deemed necessary for proper
700	700	15 financial oversight of the charter school, an authorizer may
701	701	16 require quarterly financial statements from each charter
702	702	17 school.
703	703	18 (g) A charter school shall comply with all provisions of
704	704	19 this Article, the Illinois Educational Labor Relations Act,
705	705	20 all federal and State laws and rules applicable to public
706	706	21 schools that pertain to special education and the instruction
707	707	22 of English learners, and its charter. A charter school is
708	708	23 exempt from all other State laws and regulations in this Code
709	709	24 governing public schools and local school board policies;
710	710	25 however, a charter school is not exempt from the following:
711	711	26 (1) Sections 10-21.9 and 34-18.5 of this Code
712	712
713	713
714	714
715	715
716	716
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718	718
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722	722	1 regarding criminal history records checks and checks of
723	723	2 the Statewide Sex Offender Database and Statewide Murderer
724	724	3 and Violent Offender Against Youth Database of applicants
725	725	4 for employment;
726	726	5 (2) Sections 10-20.14, 10-22.6, 22-100, 24-24, 34-19,
727	727	6 and 34-84a of this Code regarding discipline of students;
728	728	7 (3) the Local Governmental and Governmental Employees
729	729	8 Tort Immunity Act;
730	730	9 (4) Section 108.75 of the General Not For Profit
731	731	10 Corporation Act of 1986 regarding indemnification of
732	732	11 officers, directors, employees, and agents;
733	733	12 (5) the Abused and Neglected Child Reporting Act;
734	734	13 (5.5) subsection (b) of Section 10-23.12 and
735	735	14 subsection (b) of Section 34-18.6 of this Code;
736	736	15 (6) the Illinois School Student Records Act;
737	737	16 (7) Section 10-17a of this Code regarding school
738	738	17 report cards;
739	739	18 (8) the P-20 Longitudinal Education Data System Act;
740	740	19 (9) Section 27-23.7 of this Code regarding bullying
741	741	20 prevention;
742	742	21 (10) Section 2-3.162 of this Code regarding student
743	743	22 discipline reporting;
744	744	23 (11) Sections 22-80 and 27-8.1 of this Code;
745	745	24 (12) Sections 10-20.60 and 34-18.53 of this Code;
746	746	25 (13) Sections 10-20.63 and 34-18.56 of this Code;
747	747	26 (14) Sections 22-90 and 26-18 of this Code;
748	748
749	749
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751	751
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757	757	HB3806 - 21 - LRB104 08895 LNS 18950 b
758	758	1 (15) Section 22-30 of this Code;
759	759	2 (16) Sections 24-12 and 34-85 of this Code;
760	760	3 (17) the Seizure Smart School Act;
761	761	4 (18) Section 2-3.64a-10 of this Code;
762	762	5 (19) Sections 10-20.73 and 34-21.9 of this Code;
763	763	6 (20) Section 10-22.25b of this Code;
764	764	7 (21) Section 27-9.1a of this Code;
765	765	8 (22) Section 27-9.1b of this Code;
766	766	9 (23) Section 34-18.8 of this Code;
767	767	10 (24) Article 26A of this Code;
768	768	11 (25) Section 2-3.188 of this Code;
769	769	12 (26) Section 22-85.5 of this Code;
770	770	13 (27) subsections (d-10), (d-15), and (d-20) of Section
771	771	14 10-20.56 of this Code;
772	772	15 (28) Sections 10-20.83 and 34-18.78 of this Code;
773	773	16 (29) Section 10-20.13 of this Code;
774	774	17 (30) Section 28-19.2 of this Code;
775	775	18 (31) Section 34-21.6 of this Code;
776	776	19 (32) Section 22-85.10 of this Code;
777	777	20 (33) Section 2-3.196 of this Code;
778	778	21 (34) Section 22-95 of this Code;
779	779	22 (35) Section 34-18.62 of this Code;
780	780	23 (36) the Illinois Human Rights Act; and
781	781	24 (37) Section 2-3.204 of this Code; and .
782	782	25 (38) the Curriculum Transparency Act.
783	783	26 The change made by Public Act 96-104 to this subsection
784	784
785	785
786	786
787	787
788	788
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794	794	1 (g) is declaratory of existing law.
795	795	2 (h) A charter school may negotiate and contract with a
796	796	3 school district, the governing body of a State college or
797	797	4 university or public community college, or any other public or
798	798	5 for-profit or nonprofit private entity for: (i) the use of a
799	799	6 school building and grounds or any other real property or
800	800	7 facilities that the charter school desires to use or convert
801	801	8 for use as a charter school site, (ii) the operation and
802	802	9 maintenance thereof, and (iii) the provision of any service,
803	803	10 activity, or undertaking that the charter school is required
804	804	11 to perform in order to carry out the terms of its charter.
805	805	12 Except as provided in subsection (i) of this Section, a school
806	806	13 district may charge a charter school reasonable rent for the
807	807	14 use of the district's buildings, grounds, and facilities. Any
808	808	15 services for which a charter school contracts with a school
809	809	16 district shall be provided by the district at cost. Any
810	810	17 services for which a charter school contracts with a local
811	811	18 school board or with the governing body of a State college or
812	812	19 university or public community college shall be provided by
813	813	20 the public entity at cost.
814	814	21 (i) In no event shall a charter school that is established
815	815	22 by converting an existing school or attendance center to
816	816	23 charter school status be required to pay rent for space that is
817	817	24 deemed available, as negotiated and provided in the charter
818	818	25 agreement, in school district facilities. However, all other
819	819	26 costs for the operation and maintenance of school district
820	820
821	821
822	822
823	823
824	824
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826	826
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830	830	1 facilities that are used by the charter school shall be
831	831	2 subject to negotiation between the charter school and the
832	832	3 local school board and shall be set forth in the charter.
833	833	4 (j) A charter school may limit student enrollment by age
834	834	5 or grade level.
835	835	6 (k) If the charter school is authorized by the State
836	836	7 Board, then the charter school is its own local education
837	837	8 agency.
838	838	9 (Source: P.A. 102-51, eff. 7-9-21; 102-157, eff. 7-1-22;
839	839	10 102-360, eff. 1-1-22; 102-445, eff. 8-20-21; 102-466, eff.
840	840	11 7-1-25; 102-522, eff. 8-20-21; 102-558, eff. 8-20-21; 102-676,
841	841	12 eff. 12-3-21; 102-697, eff. 4-5-22; 102-702, eff. 7-1-23;
842	842	13 102-805, eff. 1-1-23; 102-813, eff. 5-13-22; 103-154, eff.
843	843	14 6-30-23; 103-175, eff. 6-30-23; 103-472, eff. 8-1-24; 103-605,
844	844	15 eff. 7-1-24; 103-641, eff. 7-1-24; 103-806, eff. 1-1-25;
845	845	16 revised 11-26-24.)
846	846
847	847
848	848
849	849
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