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
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
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.
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STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY
A BILL FOR
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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 1. Short title. This Act may be cited as the
5 Curriculum Transparency Act.
6 Section 5. Online transparency.
7 (a) For purposes of this Section:
8 "Action-oriented civics learning assignments or projects"
9 includes assignments or projects that require students to
10 contact elected officials or advocate for a political or
11 social cause or to participate in political or social
12 demonstrations.
13 "Guest lecture" includes a presentation or educational
14 event conducted by an outside individual or organization,
15 including those facilitated by a school's staff. "Guest
16 lecture" does not include a student presentation given by
17 students enrolled at a school.
18 "Lesson plan" means the daily, weekly, or other routinely
19 produced guide, description, or outline of the instruction to
20 be provided by a teacher to students at a school.
21 "Materials and activities used for student instruction"
22 includes, but is not limited to, learning materials or
23 activities from which students are required to choose one or
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
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.
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STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY
A BILL FOR
New Act
105 ILCS 5/27A-5
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1 more from a selection of materials that is restricted to
2 specific titles, such as the titles of books in a teacher's
3 classroom library.
4 "Service-learning projects" includes both of the
5 following:
6 (1) any requirement to participate in internships or
7 other forms of collaboration with outside organizations
8 after regular school hours for course credit or as a class
9 project or assignment; and
10 (2) the specific internships or organizations selected
11 by students if the selection is made from a list of
12 specific internships or organizations provided by the
13 school or its staff.
14 "Used for student instruction" means assigned,
15 distributed, or otherwise presented to students in any course
16 for which students receive academic credit or in any
17 educational capacity in which a school requires the student
18 body to participate or in which a majority of students in a
19 given grade level participate.
20 (b) Each school that is operated by a school district or as
21 a public charter school shall disclose, on a publicly
22 accessible portion of the school's website or, at the school
23 district's discretion, the school district's website, all of
24 the following:
25 (1) The procedures or processes in effect for the
26 school principal or other staff to document, review, or
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1 approve lesson plans or the learning materials and
2 activities used for student instruction at the school.
3 (2) A listing of the teacher and staff training
4 materials and activities used at the school in the current
5 school year.
6 (3) A listing of the learning materials and activities
7 used for student instruction at the school in the current
8 school year, including at least the following, organized,
9 at a minimum, by subject area, grade, and teacher:
10 (A) Textbooks, articles, and other required
11 reading materials; videos and audio recordings;
12 digital materials; websites; instructional handouts
13 and worksheets; device-based applications, including,
14 but not limited to, smartphone, laptop, or
15 tablet-based applications; materials and topics
16 presented at grade-level or schoolwide assemblies;
17 guest lectures; action-oriented civics learning
18 assignments or projects; and service-learning
19 projects.
20 (B) The title, author, or organization and, if
21 accessed online, the uniform resource locator (URL)
22 associated with the material or activity.
23 (c) The school shall list the required materials and
24 activities online not more than 10 school days after the first
25 use of each material or activity. The list shall be accessible
26 via the school's website for at least 2 years and
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1 electronically searchable or sortable by grade, course or
2 subject title, and teacher name. The listing of materials and
3 activities pursuant to subsection (b) shall be created and
4 displayed in searchable or sortable electronic formats. The
5 school or school district may use collaborative, cloud-based
6 document or spreadsheet software or an online learning
7 management system that allows multiple authorized users to
8 update or add to posted content on an ongoing basis, as long as
9 the information is publicly accessible via a visible link
10 posted in a conspicuous manner on the school's website.
11 (d) This Section does not require:
12 (1) The digital reproduction of the learning materials
13 or activities.
14 (2) The posting or distribution of any material or
15 activity in a manner that would constitute an infringement
16 of copyright under the federal Copyright Act of 1976.
17 (3) The listing of materials and activities used (i)
18 at a school site with fewer than 30 enrolled students or
19 (ii) solely for individualized special education
20 instruction as part of an individualized education program
21 under Article 14 of the School Code or materials and
22 activities used solely for students with a disability
23 under Section 504 of the federal Rehabilitation Act of
24 1973.
25 Section 10. Parental access.
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1 (a) Neither the State Board of Education nor the school
2 district's school board or public charter school's governing
3 body nor any staff employed by the school district or charter
4 school and acting in the course of their official duties shall
5 purchase or contract for copyrighted learning materials to be
6 used for student instruction at a school, including the
7 renewal of subscription-based materials for which students are
8 provided individual login credentials or access via electronic
9 personal devices, unless provision is made to allow the
10 parents and guardians of enrolled students to review the
11 materials within 10 school days after the submission of a
12 written request to the school. The means of provision shall
13 include at least one the following:
14 (1) Providing access to the materials at the school
15 site during the school's normal hours of operation within
16 10 school days after a written request.
17 (2) Providing temporary remote access or login
18 credentials to at least one copy of the material for
19 review for at least a 24-hour period following each
20 request, not to exceed one request per piece of material
21 per household during each 30-day period.
22 (b) As used in this subsection (b), "nondisclosure
23 agreement" means a confidentiality agreement or contract
24 provision that prohibits the disclosure of information by a
25 party to the contract.
26 The parent or guardian reviewing copyrighted digital
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1 materials must not be required, as a condition of reviewing
2 the materials, to enter into terms of a nondisclosure
3 agreement nor waive any rights beyond complying with federal
4 copyright law.
5 Section 15. Enforcement. A party may not initiate legal
6 action to enforce Section 5 or 10 unless the party adheres to
7 the following process:
8 (1) The party, which shall be limited to the State
9 Superintendent of Education, the Attorney General, the
10 State's Attorney for the county in which an alleged
11 violation occurs, or a student or the parent or guardian
12 of a student enrolled in the school district or charter
13 school in which an alleged violation of this Section
14 occurs, shall submit a complaint in writing with the
15 specific facts of the alleged violation to the school
16 district's school board or the charter school's governing
17 body or to an administrator designated by the school board
18 or governing body. The party may not submit more than one
19 complaint of an alleged violation in any 30-day period.
20 The complainant may identify multiple materials within a
21 single course or across courses that have not been posted
22 or provided in compliance with Section 5 or 10. The board
23 or administrator shall investigate the complaint and
24 respond in writing, including a description of any action
25 taken to resolve the complaint, within 15 calendar days
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1 after receiving the written complaint.
2 (2) If the action taken by the school district's
3 school board or charter school's governing body or the
4 designated administrator does not resolve the complaint in
5 a manner that ensures compliance with this Act, the State
6 Superintendent of Education, the Attorney General, the
7 State's Attorney for the county in which an alleged
8 violation occurs, or a student or the parent or guardian
9 of a student enrolled in the school district or charter
10 school in which an alleged violation of this Act occurs,
11 may initiate a suit in the district court in the county in
12 which the alleged violation occurs to bring action for
13 injunctive relief or a writ of mandamus to compel the
14 school district's school board or charter school's
15 governing body to comply with this Act. If a student or
16 parent or guardian of a student prevails, the court shall
17 award reasonable attorney's fees to the prevailing party.
18 (3) If the employment of an individual at the school
19 has been discontinued or an Internet address that
20 functioned at the time of the initial posting subsequently
21 ceases to function, the school district's school board or
22 charter school's governing body may not be held liable for
23 not posting or updating the listing of materials required
24 in Section 5 beyond what has previously been posted.
25 (4) An attorney acting on behalf of a school district
26 or charter school may request a legal opinion of the
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1 Attorney General or the State's Attorney for the county in
2 which an alleged violation of Section 5 or 10 occurs as to
3 whether the actions taken by the school district or
4 charter school comply.
5 Section 90. The School Code is amended by changing Section
6 27A-5 as follows:
7 (105 ILCS 5/27A-5)
8 (Text of Section before amendment by P.A. 102-466)
9 Sec. 27A-5. Charter school; legal entity; requirements.
10 (a) A charter school shall be a public, nonsectarian,
11 nonreligious, non-home based, and non-profit school. A charter
12 school shall be organized and operated as a nonprofit
13 corporation or other discrete, legal, nonprofit entity
14 authorized under the laws of the State of Illinois.
15 (b) A charter school may be established under this Article
16 by creating a new school or by converting an existing public
17 school or attendance center to charter school status. In all
18 new applications to establish a charter school in a city
19 having a population exceeding 500,000, operation of the
20 charter school shall be limited to one campus. This limitation
21 does not apply to charter schools existing or approved on or
22 before April 16, 2003.
23 (b-5) (Blank).
24 (c) A charter school shall be administered and governed by
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1 its board of directors or other governing body in the manner
2 provided in its charter. The governing body of a charter
3 school shall be subject to the Freedom of Information Act and
4 the Open Meetings Act. A charter school's board of directors
5 or other governing body must include at least one parent or
6 guardian of a pupil currently enrolled in the charter school
7 who may be selected through the charter school or a charter
8 network election, appointment by the charter school's board of
9 directors or other governing body, or by the charter school's
10 Parent Teacher Organization or its equivalent.
11 (c-5) No later than January 1, 2021 or within the first
12 year of his or her first term, every voting member of a charter
13 school's board of directors or other governing body shall
14 complete a minimum of 4 hours of professional development
15 leadership training to ensure that each member has sufficient
16 familiarity with the board's or governing body's role and
17 responsibilities, including financial oversight and
18 accountability of the school, evaluating the principal's and
19 school's performance, adherence to the Freedom of Information
20 Act and the Open Meetings Act, and compliance with education
21 and labor law. In each subsequent year of his or her term, a
22 voting member of a charter school's board of directors or
23 other governing body shall complete a minimum of 2 hours of
24 professional development training in these same areas. The
25 training under this subsection may be provided or certified by
26 a statewide charter school membership association or may be
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1 provided or certified by other qualified providers approved by
2 the State Board.
3 (d) For purposes of this subsection (d), "non-curricular
4 health and safety requirement" means any health and safety
5 requirement created by statute or rule to provide, maintain,
6 preserve, or safeguard safe or healthful conditions for
7 students and school personnel or to eliminate, reduce, or
8 prevent threats to the health and safety of students and
9 school personnel. "Non-curricular health and safety
10 requirement" does not include any course of study or
11 specialized instructional requirement for which the State
12 Board has established goals and learning standards or which is
13 designed primarily to impart knowledge and skills for students
14 to master and apply as an outcome of their education.
15 A charter school shall comply with all non-curricular
16 health and safety requirements applicable to public schools
17 under the laws of the State of Illinois. The State Board shall
18 promulgate and post on its Internet website a list of
19 non-curricular health and safety requirements that a charter
20 school must meet. The list shall be updated annually no later
21 than September 1. Any charter contract between a charter
22 school and its authorizer must contain a provision that
23 requires the charter school to follow the list of all
24 non-curricular health and safety requirements promulgated by
25 the State Board and any non-curricular health and safety
26 requirements added by the State Board to such list during the
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1 term of the charter. Nothing in this subsection (d) precludes
2 an authorizer from including non-curricular health and safety
3 requirements in a charter school contract that are not
4 contained in the list promulgated by the State Board,
5 including non-curricular health and safety requirements of the
6 authorizing local school board.
7 (e) Except as otherwise provided in the School Code, a
8 charter school shall not charge tuition; provided that a
9 charter school may charge reasonable fees for textbooks,
10 instructional materials, and student activities.
11 (f) A charter school shall be responsible for the
12 management and operation of its fiscal affairs, including, but
13 not limited to, the preparation of its budget. An audit of each
14 charter school's finances shall be conducted annually by an
15 outside, independent contractor retained by the charter
16 school. The contractor shall not be an employee of the charter
17 school or affiliated with the charter school or its authorizer
18 in any way, other than to audit the charter school's finances.
19 To ensure financial accountability for the use of public
20 funds, on or before December 1 of every year of operation, each
21 charter school shall submit to its authorizer and the State
22 Board a copy of its audit and a copy of the Form 990 the
23 charter school filed that year with the federal Internal
24 Revenue Service. In addition, if deemed necessary for proper
25 financial oversight of the charter school, an authorizer may
26 require quarterly financial statements from each charter
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1 school.
2 (g) A charter school shall comply with all provisions of
3 this Article, the Illinois Educational Labor Relations Act,
4 all federal and State laws and rules applicable to public
5 schools that pertain to special education and the instruction
6 of English learners, and its charter. A charter school is
7 exempt from all other State laws and regulations in this Code
8 governing public schools and local school board policies;
9 however, a charter school is not exempt from the following:
10 (1) Sections 10-21.9 and 34-18.5 of this Code
11 regarding criminal history records checks and checks of
12 the Statewide Sex Offender Database and Statewide Murderer
13 and Violent Offender Against Youth Database of applicants
14 for employment;
15 (2) Sections 10-20.14, 10-22.6, 22-100, 24-24, 34-19,
16 and 34-84a of this Code regarding discipline of students;
17 (3) the Local Governmental and Governmental Employees
18 Tort Immunity Act;
19 (4) Section 108.75 of the General Not For Profit
20 Corporation Act of 1986 regarding indemnification of
21 officers, directors, employees, and agents;
22 (5) the Abused and Neglected Child Reporting Act;
23 (5.5) subsection (b) of Section 10-23.12 and
24 subsection (b) of Section 34-18.6 of this Code;
25 (6) the Illinois School Student Records Act;
26 (7) Section 10-17a of this Code regarding school
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1 report cards;
2 (8) the P-20 Longitudinal Education Data System Act;
3 (9) Section 27-23.7 of this Code regarding bullying
4 prevention;
5 (10) Section 2-3.162 of this Code regarding student
6 discipline reporting;
7 (11) Sections 22-80 and 27-8.1 of this Code;
8 (12) Sections 10-20.60 and 34-18.53 of this Code;
9 (13) Sections 10-20.63 and 34-18.56 of this Code;
10 (14) Sections 22-90 and 26-18 of this Code;
11 (15) Section 22-30 of this Code;
12 (16) Sections 24-12 and 34-85 of this Code;
13 (17) the Seizure Smart School Act;
14 (18) Section 2-3.64a-10 of this Code;
15 (19) Sections 10-20.73 and 34-21.9 of this Code;
16 (20) Section 10-22.25b of this Code;
17 (21) Section 27-9.1a of this Code;
18 (22) Section 27-9.1b of this Code;
19 (23) Section 34-18.8 of this Code;
20 (25) Section 2-3.188 of this Code;
21 (26) Section 22-85.5 of this Code;
22 (27) subsections (d-10), (d-15), and (d-20) of Section
23 10-20.56 of this Code;
24 (28) Sections 10-20.83 and 34-18.78 of this Code;
25 (29) Section 10-20.13 of this Code;
26 (30) Section 28-19.2 of this Code;
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1 (31) Section 34-21.6 of this Code;
2 (32) Section 22-85.10 of this Code;
3 (33) Section 2-3.196 of this Code;
4 (34) Section 22-95 of this Code;
5 (35) Section 34-18.62 of this Code;
6 (36) the Illinois Human Rights Act; and
7 (37) Section 2-3.204 of this Code; and .
8 (38) the Curriculum Transparency Act.
9 The change made by Public Act 96-104 to this subsection
10 (g) is declaratory of existing law.
11 (h) A charter school may negotiate and contract with a
12 school district, the governing body of a State college or
13 university or public community college, or any other public or
14 for-profit or nonprofit private entity for: (i) the use of a
15 school building and grounds or any other real property or
16 facilities that the charter school desires to use or convert
17 for use as a charter school site, (ii) the operation and
18 maintenance thereof, and (iii) the provision of any service,
19 activity, or undertaking that the charter school is required
20 to perform in order to carry out the terms of its charter.
21 Except as provided in subsection (i) of this Section, a school
22 district may charge a charter school reasonable rent for the
23 use of the district's buildings, grounds, and facilities. Any
24 services for which a charter school contracts with a school
25 district shall be provided by the district at cost. Any
26 services for which a charter school contracts with a local
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1 school board or with the governing body of a State college or
2 university or public community college shall be provided by
3 the public entity at cost.
4 (i) In no event shall a charter school that is established
5 by converting an existing school or attendance center to
6 charter school status be required to pay rent for space that is
7 deemed available, as negotiated and provided in the charter
8 agreement, in school district facilities. However, all other
9 costs for the operation and maintenance of school district
10 facilities that are used by the charter school shall be
11 subject to negotiation between the charter school and the
12 local school board and shall be set forth in the charter.
13 (j) A charter school may limit student enrollment by age
14 or grade level.
15 (k) If the charter school is authorized by the State
16 Board, then the charter school is its own local education
17 agency.
18 (Source: P.A. 102-51, eff. 7-9-21; 102-157, eff. 7-1-22;
19 102-360, eff. 1-1-22; 102-445, eff. 8-20-21; 102-522, eff.
20 8-20-21; 102-558, eff. 8-20-21; 102-676, eff. 12-3-21;
21 102-697, eff. 4-5-22; 102-702, eff. 7-1-23; 102-805, eff.
22 1-1-23; 102-813, eff. 5-13-22; 103-154, eff. 6-30-23; 103-175,
23 eff. 6-30-23; 103-472, eff. 8-1-24; 103-605, eff. 7-1-24;
24 103-641, eff. 7-1-24; 103-806, eff. 1-1-25; revised 10-9-24.)
25 (Text of Section after amendment by P.A. 102-466)
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1 Sec. 27A-5. Charter school; legal entity; requirements.
2 (a) A charter school shall be a public, nonsectarian,
3 nonreligious, non-home based, and non-profit school. A charter
4 school shall be organized and operated as a nonprofit
5 corporation or other discrete, legal, nonprofit entity
6 authorized under the laws of the State of Illinois.
7 (b) A charter school may be established under this Article
8 by creating a new school or by converting an existing public
9 school or attendance center to charter school status. In all
10 new applications to establish a charter school in a city
11 having a population exceeding 500,000, operation of the
12 charter school shall be limited to one campus. This limitation
13 does not apply to charter schools existing or approved on or
14 before April 16, 2003.
15 (b-5) (Blank).
16 (c) A charter school shall be administered and governed by
17 its board of directors or other governing body in the manner
18 provided in its charter. The governing body of a charter
19 school shall be subject to the Freedom of Information Act and
20 the Open Meetings Act. A charter school's board of directors
21 or other governing body must include at least one parent or
22 guardian of a pupil currently enrolled in the charter school
23 who may be selected through the charter school or a charter
24 network election, appointment by the charter school's board of
25 directors or other governing body, or by the charter school's
26 Parent Teacher Organization or its equivalent.
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1 (c-5) No later than January 1, 2021 or within the first
2 year of his or her first term, every voting member of a charter
3 school's board of directors or other governing body shall
4 complete a minimum of 4 hours of professional development
5 leadership training to ensure that each member has sufficient
6 familiarity with the board's or governing body's role and
7 responsibilities, including financial oversight and
8 accountability of the school, evaluating the principal's and
9 school's performance, adherence to the Freedom of Information
10 Act and the Open Meetings Act, and compliance with education
11 and labor law. In each subsequent year of his or her term, a
12 voting member of a charter school's board of directors or
13 other governing body shall complete a minimum of 2 hours of
14 professional development training in these same areas. The
15 training under this subsection may be provided or certified by
16 a statewide charter school membership association or may be
17 provided or certified by other qualified providers approved by
18 the State Board.
19 (d) For purposes of this subsection (d), "non-curricular
20 health and safety requirement" means any health and safety
21 requirement created by statute or rule to provide, maintain,
22 preserve, or safeguard safe or healthful conditions for
23 students and school personnel or to eliminate, reduce, or
24 prevent threats to the health and safety of students and
25 school personnel. "Non-curricular health and safety
26 requirement" does not include any course of study or
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1 specialized instructional requirement for which the State
2 Board has established goals and learning standards or which is
3 designed primarily to impart knowledge and skills for students
4 to master and apply as an outcome of their education.
5 A charter school shall comply with all non-curricular
6 health and safety requirements applicable to public schools
7 under the laws of the State of Illinois. The State Board shall
8 promulgate and post on its Internet website a list of
9 non-curricular health and safety requirements that a charter
10 school must meet. The list shall be updated annually no later
11 than September 1. Any charter contract between a charter
12 school and its authorizer must contain a provision that
13 requires the charter school to follow the list of all
14 non-curricular health and safety requirements promulgated by
15 the State Board and any non-curricular health and safety
16 requirements added by the State Board to such list during the
17 term of the charter. Nothing in this subsection (d) precludes
18 an authorizer from including non-curricular health and safety
19 requirements in a charter school contract that are not
20 contained in the list promulgated by the State Board,
21 including non-curricular health and safety requirements of the
22 authorizing local school board.
23 (e) Except as otherwise provided in the School Code, a
24 charter school shall not charge tuition; provided that a
25 charter school may charge reasonable fees for textbooks,
26 instructional materials, and student activities.
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1 (f) A charter school shall be responsible for the
2 management and operation of its fiscal affairs, including, but
3 not limited to, the preparation of its budget. An audit of each
4 charter school's finances shall be conducted annually by an
5 outside, independent contractor retained by the charter
6 school. The contractor shall not be an employee of the charter
7 school or affiliated with the charter school or its authorizer
8 in any way, other than to audit the charter school's finances.
9 To ensure financial accountability for the use of public
10 funds, on or before December 1 of every year of operation, each
11 charter school shall submit to its authorizer and the State
12 Board a copy of its audit and a copy of the Form 990 the
13 charter school filed that year with the federal Internal
14 Revenue Service. In addition, if deemed necessary for proper
15 financial oversight of the charter school, an authorizer may
16 require quarterly financial statements from each charter
17 school.
18 (g) A charter school shall comply with all provisions of
19 this Article, the Illinois Educational Labor Relations Act,
20 all federal and State laws and rules applicable to public
21 schools that pertain to special education and the instruction
22 of English learners, and its charter. A charter school is
23 exempt from all other State laws and regulations in this Code
24 governing public schools and local school board policies;
25 however, a charter school is not exempt from the following:
26 (1) Sections 10-21.9 and 34-18.5 of this Code
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1 regarding criminal history records checks and checks of
2 the Statewide Sex Offender Database and Statewide Murderer
3 and Violent Offender Against Youth Database of applicants
4 for employment;
5 (2) Sections 10-20.14, 10-22.6, 22-100, 24-24, 34-19,
6 and 34-84a of this Code regarding discipline of students;
7 (3) the Local Governmental and Governmental Employees
8 Tort Immunity Act;
9 (4) Section 108.75 of the General Not For Profit
10 Corporation Act of 1986 regarding indemnification of
11 officers, directors, employees, and agents;
12 (5) the Abused and Neglected Child Reporting Act;
13 (5.5) subsection (b) of Section 10-23.12 and
14 subsection (b) of Section 34-18.6 of this Code;
15 (6) the Illinois School Student Records Act;
16 (7) Section 10-17a of this Code regarding school
17 report cards;
18 (8) the P-20 Longitudinal Education Data System Act;
19 (9) Section 27-23.7 of this Code regarding bullying
20 prevention;
21 (10) Section 2-3.162 of this Code regarding student
22 discipline reporting;
23 (11) Sections 22-80 and 27-8.1 of this Code;
24 (12) Sections 10-20.60 and 34-18.53 of this Code;
25 (13) Sections 10-20.63 and 34-18.56 of this Code;
26 (14) Sections 22-90 and 26-18 of this Code;
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1 (15) Section 22-30 of this Code;
2 (16) Sections 24-12 and 34-85 of this Code;
3 (17) the Seizure Smart School Act;
4 (18) Section 2-3.64a-10 of this Code;
5 (19) Sections 10-20.73 and 34-21.9 of this Code;
6 (20) Section 10-22.25b of this Code;
7 (21) Section 27-9.1a of this Code;
8 (22) Section 27-9.1b of this Code;
9 (23) Section 34-18.8 of this Code;
10 (24) Article 26A of this Code;
11 (25) Section 2-3.188 of this Code;
12 (26) Section 22-85.5 of this Code;
13 (27) subsections (d-10), (d-15), and (d-20) of Section
14 10-20.56 of this Code;
15 (28) Sections 10-20.83 and 34-18.78 of this Code;
16 (29) Section 10-20.13 of this Code;
17 (30) Section 28-19.2 of this Code;
18 (31) Section 34-21.6 of this Code;
19 (32) Section 22-85.10 of this Code;
20 (33) Section 2-3.196 of this Code;
21 (34) Section 22-95 of this Code;
22 (35) Section 34-18.62 of this Code;
23 (36) the Illinois Human Rights Act; and
24 (37) Section 2-3.204 of this Code; and .
25 (38) the Curriculum Transparency Act.
26 The change made by Public Act 96-104 to this subsection
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1 (g) is declaratory of existing law.
2 (h) A charter school may negotiate and contract with a
3 school district, the governing body of a State college or
4 university or public community college, or any other public or
5 for-profit or nonprofit private entity for: (i) the use of a
6 school building and grounds or any other real property or
7 facilities that the charter school desires to use or convert
8 for use as a charter school site, (ii) the operation and
9 maintenance thereof, and (iii) the provision of any service,
10 activity, or undertaking that the charter school is required
11 to perform in order to carry out the terms of its charter.
12 Except as provided in subsection (i) of this Section, a school
13 district may charge a charter school reasonable rent for the
14 use of the district's buildings, grounds, and facilities. Any
15 services for which a charter school contracts with a school
16 district shall be provided by the district at cost. Any
17 services for which a charter school contracts with a local
18 school board or with the governing body of a State college or
19 university or public community college shall be provided by
20 the public entity at cost.
21 (i) In no event shall a charter school that is established
22 by converting an existing school or attendance center to
23 charter school status be required to pay rent for space that is
24 deemed available, as negotiated and provided in the charter
25 agreement, in school district facilities. However, all other
26 costs for the operation and maintenance of school district
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1 facilities that are used by the charter school shall be
2 subject to negotiation between the charter school and the
3 local school board and shall be set forth in the charter.
4 (j) A charter school may limit student enrollment by age
5 or grade level.
6 (k) If the charter school is authorized by the State
7 Board, then the charter school is its own local education
8 agency.
9 (Source: P.A. 102-51, eff. 7-9-21; 102-157, eff. 7-1-22;
10 102-360, eff. 1-1-22; 102-445, eff. 8-20-21; 102-466, eff.
11 7-1-25; 102-522, eff. 8-20-21; 102-558, eff. 8-20-21; 102-676,
12 eff. 12-3-21; 102-697, eff. 4-5-22; 102-702, eff. 7-1-23;
13 102-805, eff. 1-1-23; 102-813, eff. 5-13-22; 103-154, eff.
14 6-30-23; 103-175, eff. 6-30-23; 103-472, eff. 8-1-24; 103-605,
15 eff. 7-1-24; 103-641, eff. 7-1-24; 103-806, eff. 1-1-25;
16 revised 11-26-24.)
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