Bill Text: IL HB1387 | 2025-2026 | 104th General Assembly | Introduced

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Bill Title: Amends the School Code. Prohibits a charter from being granted to an organization that operates a private, parochial, or non-public school or child care facility. Provides that a charter school shall spend no less than 90% of its budget on direct-service costs for students. Removes provisions regarding the closure of charter schools, the use of unspent public funds, and the procedures for disposition of property and assets. Requires the governing body of a charter school that is the subject of a school action to work collaboratively with local school educators and families of students attending the charter school to ensure successful integration of affected students into new learning environments. Requires, for a charter school closure, the governing body of the charter school to ensure that all students of the charter school at the time of the closure will be guaranteed a seat at a receiving school and that all teachers of the charter school at the time of the closure will be guaranteed a job at a receiving school. Sets forth requirements for school transition plans. Requires the governing body of the charter school to designate at least 3 opportunities for public comment at a hearing or meeting on the proposed school action.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2025-01-28 - Referred to Rules Committee [HB1387 Detail]

Download: Illinois-2025-HB1387-Introduced.html

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104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1387 Introduced , by Rep. Marcus C. Evans, Jr. SYNOPSIS AS INTRODUCED:
105 ILCS 5/27A-3
105 ILCS 5/27A-4
105 ILCS 5/27A-5
105 ILCS 5/27A-10.10
105 ILCS 5/34-18.69
Amends the School Code. Prohibits a charter from being granted to an organization that operates a private, parochial, or non-public school or child care facility. Provides that a charter school shall spend no less than 90% of its budget on direct-service costs for students. Removes provisions regarding the closure of charter schools, the use of unspent public funds, and the procedures for disposition of property and assets. Requires the governing body of a charter school that is the subject of a school action to work collaboratively with local school educators and families of students attending the charter school to ensure successful integration of affected students into new learning environments. Requires, for a charter school closure, the governing body of the charter school to ensure that all students of the charter school at the time of the closure will be guaranteed a seat at a receiving school and that all teachers of the charter school at the time of the closure will be guaranteed a job at a receiving school. Sets forth requirements for school transition plans. Requires the governing body of the charter school to designate at least 3 opportunities for public comment at a hearing or meeting on the proposed school action.
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STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY
A BILL FOR
HB1387 LRB104 05820 LNS 15851 b
AN ACT concerning education.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The School Code is amended by changing Sections
27A-3, 27A-4, 27A-5, 27A-10.10, and 34-18.69 as follows:
(105 ILCS 5/27A-3)
Sec. 27A-3. Definitions. For purposes of this Article:
"At-risk pupil" means a pupil who, because of physical,
emotional, socioeconomic, or cultural factors, is less likely
to succeed in a conventional educational environment.
"Authorizer" means an entity authorized under this Article
to review applications, decide whether to approve or reject
applications, enter into charter contracts with applicants,
oversee charter schools, and decide whether to renew, not
renew, or revoke a charter.
"Governing body" means the appropriate local school
councils established under Section 34-2.1 of this Code.
"Local school board" means the duly elected or appointed
school board or board of education of a public school
district, including special charter districts and school
districts located in cities having a population of more than
500,000, organized under the laws of this State.
"School action" has the meaning given to that term in

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Section 34-200 of this Code.
"State Board" means the State Board of Education.
"Union neutrality clause" means a provision whereby a
charter school agrees: (1) to be neutral regarding the
unionization of any of its employees, such that the charter
school will not at any time express a position on the matter of
whether its employees will be unionized and such that the
charter school will not threaten, intimidate, discriminate
against, retaliate against, or take any adverse action against
any employees based on their decision to support or oppose
union representation; (2) to provide any bona fide labor
organization access at reasonable times to areas in which the
charter school's employees work for the purpose of meeting
with employees to discuss their right to representation,
employment rights under the law, and terms and conditions of
employment; and (3) that union recognition shall be through a
majority card check verified by a neutral third-party
arbitrator mutually selected by the charter school and the
bona fide labor organization through alternate striking from a
panel of arbitrators provided by the Federal Mediation and
Conciliation Service. As used in this definition, "bona fide
labor organization" means a labor organization recognized
under the National Labor Relations Act or the Illinois
Educational Labor Relations Act. As used in this definition,
"employees" means non-represented, non-management, and
non-confidential employees of a charter school.

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(Source: P.A. 103-175, eff. 6-30-23; 103-416, eff. 8-4-23;
103-605, eff. 7-1-24.)
(105 ILCS 5/27A-4)
Sec. 27A-4. General provisions.
(a) The General Assembly does not intend to alter or amend
the provisions of any court-ordered desegregation plan in
effect for any school district. A charter school shall be
subject to all federal and State laws and constitutional
provisions prohibiting discrimination on the basis of
disability, race, creed, color, gender, national origin,
religion, ancestry, marital status, or need for special
education services.
(b) The total number of charter schools operating under
this Article at any one time shall not exceed 120. Not more
than 70 charter schools shall operate at any one time in any
city having a population exceeding 500,000, with at least 5
charter schools devoted exclusively to students from
low-performing or overcrowded schools operating at any one
time in that city; and not more than 45 charter schools shall
operate at any one time in the remainder of the State, with not
more than one charter school that has been initiated by a board
of education, or by an intergovernmental agreement between or
among boards of education, operating at any one time in the
school district where the charter school is located. In
addition to these charter schools, up to but no more than 5

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charter schools devoted exclusively to re-enrolled high school
dropouts and/or students 16 or 15 years old at risk of dropping
out may operate at any one time in any city having a population
exceeding 500,000. Notwithstanding any provision to the
contrary in subsection (b) of Section 27A-5 of this Code, each
such dropout charter may operate up to 15 campuses within the
city. Any of these dropout charters may have a maximum of 1,875
enrollment seats, any one of the campuses of the dropout
charter may have a maximum of 165 enrollment seats, and each
campus of the dropout charter must be operated, through a
contract or payroll, by the same legal entity as that for which
the charter is approved and certified.
For purposes of implementing this Section, the State Board
shall assign a number to each charter submission it receives
under Section 27A-6 for its review and certification, based on
the chronological order in which the submission is received by
it. The State Board shall promptly notify local school boards
when the maximum numbers of certified charter schools
authorized to operate have been reached.
(c) No charter shall be granted under this Article that
would convert any existing private, parochial, or non-public
school to a charter school.
(c-5) No charter shall be granted under this Article to an
organization, or any of its subsidiaries, that operates a
private, parochial, or non-public school or child care
facility.

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(d) Enrollment in a charter school shall be open to any
pupil who resides within the geographic boundaries of the area
served by the local school board, provided that the board of
education in a city having a population exceeding 500,000 may
designate attendance boundaries for no more than one-third of
the charter schools permitted in the city if the board of
education determines that attendance boundaries are needed to
relieve overcrowding or to better serve low-income and at-risk
students. Students residing within an attendance boundary may
be given priority for enrollment, but must not be required to
attend the charter school.
(e) Nothing in this Article shall prevent 2 or more local
school boards from jointly issuing a charter to a single
shared charter school, provided that all of the provisions of
this Article are met as to those local school boards.
(f) No local school board shall require any employee of
the school district to be employed in a charter school.
(g) No local school board shall require any pupil residing
within the geographic boundary of its district to enroll in a
charter school.
(h) If there are more eligible applicants for enrollment
in a charter school than there are spaces available,
successful applicants shall be selected by lottery. However,
priority shall be given to siblings of pupils enrolled in the
charter school and to pupils who were enrolled in the charter
school the previous school year, unless expelled for cause,

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and priority may be given to pupils residing within the
charter school's attendance boundary, if a boundary has been
designated by the board of education in a city having a
population exceeding 500,000.
Any lottery required under this subsection (h) must be
administered and videotaped by the charter school. The
authorizer or its designee must be allowed to be present or
view the lottery in real time. The charter school must
maintain a videotaped record of the lottery, including a
time/date stamp. The charter school shall transmit copies of
the videotape and all records relating to the lottery to the
authorizer on or before September 1 of each year.
Subject to the requirements for priority applicant groups
set forth in paragraph (1) of this subsection (h), any lottery
required under this subsection (h) must be administered in a
way that provides each student an equal chance at admission.
If an authorizer makes a determination that a charter school's
lottery is in violation of this subsection (h), it may
administer the lottery directly. After a lottery, each student
randomly selected for admission to the charter school must be
notified. Charter schools may not create an admissions process
subsequent to a lottery that may operate as a barrier to
registration or enrollment.
Charter schools may undertake additional intake
activities, including without limitation student essays,
school-parent compacts, or open houses, but in no event may a

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charter school require participation in these activities as a
condition of enrollment. A charter school must submit an
updated waitlist to the authorizer on a quarterly basis. A
waitlist must be submitted to the authorizer at the same time
as quarterly financial statements, if quarterly financial
statements are required by the authorizer.
Dual enrollment at both a charter school and a public
school or non-public school shall not be allowed. A pupil who
is suspended or expelled from a charter school shall be deemed
to be suspended or expelled from the public schools of the
school district in which the pupil resides. Notwithstanding
anything to the contrary in this subsection (h):
(1) any charter school with a mission exclusive to
educating high school dropouts may grant priority
admission to students who are high school dropouts and/or
students 16 or 15 years old at risk of dropping out and any
charter school with a mission exclusive to educating
students from low-performing or overcrowded schools may
restrict admission to students who are from low-performing
or overcrowded schools; "priority admission" for charter
schools exclusively devoted to re-enrolled dropouts or
students at risk of dropping out means a minimum of 90% of
students enrolled shall be high school dropouts; and
(2) any charter school located in a school district
that contains all or part of a federal military base may
set aside up to 33% of its current charter enrollment to

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students with parents assigned to the federal military
base, with the remaining 67% subject to the general
enrollment and lottery requirements of subsection (d) of
this Section and this subsection (h); if a student with a
parent assigned to the federal military base withdraws
from the charter school during the course of a school year
for reasons other than grade promotion, those students
with parents assigned to the federal military base shall
have preference in filling the vacancy.
(i) (Blank).
(j) Notwithstanding any other provision of law to the
contrary, a school district in a city having a population
exceeding 500,000 shall not have a duty to collectively
bargain with an exclusive representative of its employees over
decisions to grant or deny a charter school proposal under
Section 27A-8 of this Code, decisions to renew or revoke a
charter under Section 27A-9 of this Code, and the impact of
these decisions, provided that nothing in this Section shall
have the effect of negating, abrogating, replacing, reducing,
diminishing, or limiting in any way employee rights,
guarantees, or privileges granted in Sections 2, 3, 7, 8, 10,
14, and 15 of the Illinois Educational Labor Relations Act.
(k) In this Section:
"Low-performing school" means a public school in a school
district organized under Article 34 of this Code that enrolls
students in any of grades kindergarten through 8 and that is

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ranked within the lowest 10% of schools in that district in
terms of the percentage of students meeting or exceeding
standards on the assessments required under Section 2-3.64a-5
of this Code.
"Overcrowded school" means a public school in a school
district organized under Article 34 of this Code that (i)
enrolls students in any of grades kindergarten through 8, (ii)
has a percentage of low-income students of 70% or more, as
identified in the most recently available School Report Card
published by the State Board, and (iii) is determined by the
Chicago Board of Education to be in the most severely
overcrowded 5% of schools in the district. On or before
November 1 of each year, the Chicago Board of Education shall
file a report with the State Board on which schools in the
district meet the definition of "overcrowded school".
"Students at risk of dropping out" means students 16 or 15
years old in a public school in a district organized under
Article 34 of this Code that enrolls students in any grades
9-12 who have been absent at least 90 school attendance days of
the previous 180 school attendance days.
(l) For advertisements created after January 1, 2015, any
advertisement, including a radio, television, print, Internet,
social media, or billboard advertisement, purchased by a
school district or public school, including a charter school,
with public funds must include a disclaimer stating that the
advertisement was paid for using public funds.

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This disclaimer requirement does not extend to materials
created by the charter school, including, but not limited to,
a school website, informational pamphlets or leaflets, or
clothing with affixed school logos.
(Source: P.A. 103-175, eff. 6-30-23.)
(105 ILCS 5/27A-5)
(Text of Section before amendment by P.A. 102-466)
Sec. 27A-5. Charter school; legal entity; requirements.
(a) A charter school shall be a public, nonsectarian,
nonreligious, non-home based, and non-profit school. A charter
school shall be organized and operated as a nonprofit
corporation or other discrete, legal, nonprofit entity
authorized under the laws of the State of Illinois.
(b) A charter school may be established under this Article
by creating a new school or by converting an existing public
school or attendance center to charter school status. In all
new applications to establish a charter school in a city
having a population exceeding 500,000, operation of the
charter school shall be limited to one campus. This limitation
does not apply to charter schools existing or approved on or
before April 16, 2003.
(b-5) (Blank).
(c) A charter school shall be administered and governed by
its board of directors or other governing body in the manner
provided in its charter. The governing body of a charter

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school shall be subject to the Freedom of Information Act and
the Open Meetings Act. A charter school's board of directors
or other governing body must include at least one parent or
guardian of a pupil currently enrolled in the charter school
who may be selected through the charter school or a charter
network election, appointment by the charter school's board of
directors or other governing body, or by the charter school's
Parent Teacher Organization or its equivalent.
(c-5) No later than January 1, 2021 or within the first
year of his or her first term, every voting member of a charter
school's board of directors or other governing body shall
complete a minimum of 4 hours of professional development
leadership training to ensure that each member has sufficient
familiarity with the board's or governing body's role and
responsibilities, including financial oversight and
accountability of the school, evaluating the principal's and
school's performance, adherence to the Freedom of Information
Act and the Open Meetings Act, and compliance with education
and labor law. In each subsequent year of his or her term, a
voting member of a charter school's board of directors or
other governing body shall complete a minimum of 2 hours of
professional development training in these same areas. The
training under this subsection may be provided or certified by
a statewide charter school membership association or may be
provided or certified by other qualified providers approved by
the State Board.

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(d) For purposes of this subsection (d), "non-curricular
health and safety requirement" means any health and safety
requirement created by statute or rule to provide, maintain,
preserve, or safeguard safe or healthful conditions for
students and school personnel or to eliminate, reduce, or
prevent threats to the health and safety of students and
school personnel. "Non-curricular health and safety
requirement" does not include any course of study or
specialized instructional requirement for which the State
Board has established goals and learning standards or which is
designed primarily to impart knowledge and skills for students
to master and apply as an outcome of their education.
A charter school shall comply with all non-curricular
health and safety requirements applicable to public schools
under the laws of the State of Illinois. The State Board shall
promulgate and post on its Internet website a list of
non-curricular health and safety requirements that a charter
school must meet. The list shall be updated annually no later
than September 1. Any charter contract between a charter
school and its authorizer must contain a provision that
requires the charter school to follow the list of all
non-curricular health and safety requirements promulgated by
the State Board and any non-curricular health and safety
requirements added by the State Board to such list during the
term of the charter. Nothing in this subsection (d) precludes
an authorizer from including non-curricular health and safety

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requirements in a charter school contract that are not
contained in the list promulgated by the State Board,
including non-curricular health and safety requirements of the
authorizing local school board.
(e) Except as otherwise provided in the School Code, a
charter school shall not charge tuition; provided that a
charter school may charge reasonable fees for textbooks,
instructional materials, and student activities.
(f) A charter school shall be responsible for the
management and operation of its fiscal affairs, including, but
not limited to, the preparation of its budget. An audit of each
charter school's finances shall be conducted annually by an
outside, independent contractor retained by the charter
school. The contractor shall not be an employee of the charter
school or affiliated with the charter school or its authorizer
in any way, other than to audit the charter school's finances.
To ensure financial accountability for the use of public
funds, on or before December 1 of every year of operation, each
charter school shall submit to its authorizer and the State
Board a copy of its audit and a copy of the Form 990 the
charter school filed that year with the federal Internal
Revenue Service. In addition, if deemed necessary for proper
financial oversight of the charter school, an authorizer may
require quarterly financial statements from each charter
school.
(g) A charter school shall comply with all provisions of

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this Article, the Illinois Educational Labor Relations Act,
all federal and State laws and rules applicable to public
schools that pertain to special education and the instruction
of English learners, and its charter. A charter school is
exempt from all other State laws and regulations in this Code
governing public schools and local school board policies;
however, a charter school is not exempt from the following:
(1) Sections 10-21.9 and 34-18.5 of this Code
regarding criminal history records checks and checks of
the Statewide Sex Offender Database and Statewide Murderer
and Violent Offender Against Youth Database of applicants
for employment;
(2) Sections 10-20.14, 10-22.6, 22-100, 24-24, 34-19,
and 34-84a of this Code regarding discipline of students;
(3) the Local Governmental and Governmental Employees
Tort Immunity Act;
(4) Section 108.75 of the General Not For Profit
Corporation Act of 1986 regarding indemnification of
officers, directors, employees, and agents;
(5) the Abused and Neglected Child Reporting Act;
(5.5) subsection (b) of Section 10-23.12 and
subsection (b) of Section 34-18.6 of this Code;
(6) the Illinois School Student Records Act;
(7) Section 10-17a of this Code regarding school
report cards;
(8) the P-20 Longitudinal Education Data System Act;

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(9) Section 27-23.7 of this Code regarding bullying
prevention;
(10) Section 2-3.162 of this Code regarding student
discipline reporting;
(11) Sections 22-80 and 27-8.1 of this Code;
(12) Sections 10-20.60 and 34-18.53 of this Code;
(13) Sections 10-20.63 and 34-18.56 of this Code;
(14) Sections 22-90 and 26-18 of this Code;
(15) Section 22-30 of this Code;
(16) Sections 24-12 and 34-85 of this Code;
(17) the Seizure Smart School Act;
(18) Section 2-3.64a-10 of this Code;
(19) Sections 10-20.73 and 34-21.9 of this Code;
(20) Section 10-22.25b of this Code;
(21) Section 27-9.1a of this Code;
(22) Section 27-9.1b of this Code;
(23) Section 34-18.8 of this Code;
(25) Section 2-3.188 of this Code;
(26) Section 22-85.5 of this Code;
(27) subsections (d-10), (d-15), and (d-20) of Section
10-20.56 of this Code;
(28) Sections 10-20.83 and 34-18.78 of this Code;
(29) Section 10-20.13 of this Code;
(30) Section 28-19.2 of this Code;
(31) Section 34-21.6 of this Code;
(32) Section 22-85.10 of this Code;

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(33) Section 2-3.196 of this Code;
(34) Section 22-95 of this Code;
(35) Section 34-18.62 of this Code;
(36) the Illinois Human Rights Act; and
(37) Section 2-3.204 of this Code.
The change made by Public Act 96-104 to this subsection
(g) is declaratory of existing law.
(h) A charter school may negotiate and contract with a
school district, the governing body of a State college or
university or public community college, or any other public or
for-profit or nonprofit private entity for: (i) the use of a
school building and grounds or any other real property or
facilities that the charter school desires to use or convert
for use as a charter school site, (ii) the operation and
maintenance thereof, and (iii) the provision of any service,
activity, or undertaking that the charter school is required
to perform in order to carry out the terms of its charter.
Except as provided in subsection (i) of this Section, a school
district may charge a charter school reasonable rent for the
use of the district's buildings, grounds, and facilities. Any
services for which a charter school contracts with a school
district shall be provided by the district at cost. Any
services for which a charter school contracts with a local
school board or with the governing body of a State college or
university or public community college shall be provided by
the public entity at cost.

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(i) In no event shall a charter school that is established
by converting an existing school or attendance center to
charter school status be required to pay rent for space that is
deemed available, as negotiated and provided in the charter
agreement, in school district facilities. However, all other
costs for the operation and maintenance of school district
facilities that are used by the charter school shall be
subject to negotiation between the charter school and the
local school board and shall be set forth in the charter.
(j) A charter school may limit student enrollment by age
or grade level.
(k) If the charter school is authorized by the State
Board, then the charter school is its own local education
agency.
(Source: P.A. 102-51, eff. 7-9-21; 102-157, eff. 7-1-22;
102-360, eff. 1-1-22; 102-445, eff. 8-20-21; 102-522, eff.
8-20-21; 102-558, eff. 8-20-21; 102-676, eff. 12-3-21;
102-697, eff. 4-5-22; 102-702, eff. 7-1-23; 102-805, eff.
1-1-23; 102-813, eff. 5-13-22; 103-154, eff. 6-30-23; 103-175,
eff. 6-30-23; 103-472, eff. 8-1-24; 103-605, eff. 7-1-24;
103-641, eff. 7-1-24; 103-806, eff. 1-1-25; revised 10-9-24.)
(Text of Section after amendment by P.A. 102-466)
Sec. 27A-5. Charter school; legal entity; requirements.
(a) A charter school shall be a public, nonsectarian,
nonreligious, non-home based, and non-profit school. A charter

HB1387 - 18 - LRB104 05820 LNS 15851 b
school shall be organized and operated as a nonprofit
corporation or other discrete, legal, nonprofit entity
authorized under the laws of the State of Illinois.
(b) A charter school may be established under this Article
by creating a new school or by converting an existing public
school or attendance center to charter school status. In all
new applications to establish a charter school in a city
having a population exceeding 500,000, operation of the
charter school shall be limited to one campus. This limitation
does not apply to charter schools existing or approved on or
before April 16, 2003.
(b-5) (Blank).
(c) A charter school shall be administered and governed by
its board of directors or other governing body in the manner
provided in its charter. The governing body of a charter
school shall be subject to the Freedom of Information Act and
the Open Meetings Act. A charter school's board of directors
or other governing body must include at least one parent or
guardian of a pupil currently enrolled in the charter school
who may be selected through the charter school or a charter
network election, appointment by the charter school's board of
directors or other governing body, or by the charter school's
Parent Teacher Organization or its equivalent.
(c-5) No later than January 1, 2021 or within the first
year of his or her first term, every voting member of a charter
school's board of directors or other governing body shall

HB1387 - 19 - LRB104 05820 LNS 15851 b
complete a minimum of 4 hours of professional development
leadership training to ensure that each member has sufficient
familiarity with the board's or governing body's role and
responsibilities, including financial oversight and
accountability of the school, evaluating the principal's and
school's performance, adherence to the Freedom of Information
Act and the Open Meetings Act, and compliance with education
and labor law. In each subsequent year of his or her term, a
voting member of a charter school's board of directors or
other governing body shall complete a minimum of 2 hours of
professional development training in these same areas. The
training under this subsection may be provided or certified by
a statewide charter school membership association or may be
provided or certified by other qualified providers approved by
the State Board.
(d) For purposes of this subsection (d), "non-curricular
health and safety requirement" means any health and safety
requirement created by statute or rule to provide, maintain,
preserve, or safeguard safe or healthful conditions for
students and school personnel or to eliminate, reduce, or
prevent threats to the health and safety of students and
school personnel. "Non-curricular health and safety
requirement" does not include any course of study or
specialized instructional requirement for which the State
Board has established goals and learning standards or which is
designed primarily to impart knowledge and skills for students

HB1387 - 20 - LRB104 05820 LNS 15851 b
to master and apply as an outcome of their education.
A charter school shall comply with all non-curricular
health and safety requirements applicable to public schools
under the laws of the State of Illinois. The State Board shall
promulgate and post on its Internet website a list of
non-curricular health and safety requirements that a charter
school must meet. The list shall be updated annually no later
than September 1. Any charter contract between a charter
school and its authorizer must contain a provision that
requires the charter school to follow the list of all
non-curricular health and safety requirements promulgated by
the State Board and any non-curricular health and safety
requirements added by the State Board to such list during the
term of the charter. Nothing in this subsection (d) precludes
an authorizer from including non-curricular health and safety
requirements in a charter school contract that are not
contained in the list promulgated by the State Board,
including non-curricular health and safety requirements of the
authorizing local school board.
(e) Except as otherwise provided in the School Code, a
charter school shall not charge tuition; provided that a
charter school may charge reasonable fees for textbooks,
instructional materials, and student activities.
(f) A charter school shall be responsible for the
management and operation of its fiscal affairs, including, but
not limited to, the preparation of its budget. An audit of each

HB1387 - 21 - LRB104 05820 LNS 15851 b
charter school's finances shall be conducted annually by an
outside, independent contractor retained by the charter
school. The contractor shall not be an employee of the charter
school or affiliated with the charter school or its authorizer
in any way, other than to audit the charter school's finances.
To ensure financial accountability for the use of public
funds, on or before December 1 of every year of operation, each
charter school shall submit to its authorizer and the State
Board a copy of its audit and a copy of the Form 990 the
charter school filed that year with the federal Internal
Revenue Service. In addition, if deemed necessary for proper
financial oversight of the charter school, an authorizer may
require quarterly financial statements from each charter
school. A charter school shall spend no less than 90% of its
budget on direct-service costs for students.
(g) A charter school shall comply with all provisions of
this Article, the Illinois Educational Labor Relations Act,
all federal and State laws and rules applicable to public
schools that pertain to special education and the instruction
of English learners, and its charter. A charter school is
exempt from all other State laws and regulations in this Code
governing public schools and local school board policies;
however, a charter school is not exempt from the following:
(1) Sections 10-21.9 and 34-18.5 of this Code
regarding criminal history records checks and checks of
the Statewide Sex Offender Database and Statewide Murderer

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and Violent Offender Against Youth Database of applicants
for employment;
(2) Sections 10-20.14, 10-22.6, 22-100, 24-24, 34-19,
and 34-84a of this Code regarding discipline of students;
(3) the Local Governmental and Governmental Employees
Tort Immunity Act;
(4) Section 108.75 of the General Not For Profit
Corporation Act of 1986 regarding indemnification of
officers, directors, employees, and agents;
(5) the Abused and Neglected Child Reporting Act;
(5.5) subsection (b) of Section 10-23.12 and
subsection (b) of Section 34-18.6 of this Code;
(6) the Illinois School Student Records Act;
(7) Section 10-17a of this Code regarding school
report cards;
(8) the P-20 Longitudinal Education Data System Act;
(9) Section 27-23.7 of this Code regarding bullying
prevention;
(10) Section 2-3.162 of this Code regarding student
discipline reporting;
(11) Sections 22-80 and 27-8.1 of this Code;
(12) Sections 10-20.60 and 34-18.53 of this Code;
(13) Sections 10-20.63 and 34-18.56 of this Code;
(14) Sections 22-90 and 26-18 of this Code;
(15) Section 22-30 of this Code;
(16) Sections 24-12 and 34-85 of this Code;

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(17) the Seizure Smart School Act;
(18) Section 2-3.64a-10 of this Code;
(19) Sections 10-20.73 and 34-21.9 of this Code;
(20) Section 10-22.25b of this Code;
(21) Section 27-9.1a of this Code;
(22) Section 27-9.1b of this Code;
(23) Section 34-18.8 of this Code;
(24) Article 26A of this Code;
(25) Section 2-3.188 of this Code;
(26) Section 22-85.5 of this Code;
(27) subsections (d-10), (d-15), and (d-20) of Section
10-20.56 of this Code;
(28) Sections 10-20.83 and 34-18.78 of this Code;
(29) Section 10-20.13 of this Code;
(30) Section 28-19.2 of this Code;
(31) Section 34-21.6 of this Code;
(32) Section 22-85.10 of this Code;
(33) Section 2-3.196 of this Code;
(34) Section 22-95 of this Code;
(35) Section 34-18.62 of this Code;
(36) the Illinois Human Rights Act; and
(37) Section 2-3.204 of this Code.
The change made by Public Act 96-104 to this subsection
(g) is declaratory of existing law.
(h) A charter school may negotiate and contract with a
school district, the governing body of a State college or

HB1387 - 24 - LRB104 05820 LNS 15851 b
university or public community college, or any other public or
for-profit or nonprofit private entity for: (i) the use of a
school building and grounds or any other real property or
facilities that the charter school desires to use or convert
for use as a charter school site, (ii) the operation and
maintenance thereof, and (iii) the provision of any service,
activity, or undertaking that the charter school is required
to perform in order to carry out the terms of its charter.
Except as provided in subsection (i) of this Section, a school
district may charge a charter school reasonable rent for the
use of the district's buildings, grounds, and facilities. Any
services for which a charter school contracts with a school
district shall be provided by the district at cost. Any
services for which a charter school contracts with a local
school board or with the governing body of a State college or
university or public community college shall be provided by
the public entity at cost.
(i) In no event shall a charter school that is established
by converting an existing school or attendance center to
charter school status be required to pay rent for space that is
deemed available, as negotiated and provided in the charter
agreement, in school district facilities. However, all other
costs for the operation and maintenance of school district
facilities that are used by the charter school shall be
subject to negotiation between the charter school and the
local school board and shall be set forth in the charter.

HB1387 - 25 - LRB104 05820 LNS 15851 b
(j) A charter school may limit student enrollment by age
or grade level.
(k) If the charter school is authorized by the State
Board, then the charter school is its own local education
agency.
(Source: P.A. 102-51, eff. 7-9-21; 102-157, eff. 7-1-22;
102-360, eff. 1-1-22; 102-445, eff. 8-20-21; 102-466, eff.
7-1-25; 102-522, eff. 8-20-21; 102-558, eff. 8-20-21; 102-676,
eff. 12-3-21; 102-697, eff. 4-5-22; 102-702, eff. 7-1-23;
102-805, eff. 1-1-23; 102-813, eff. 5-13-22; 103-154, eff.
6-30-23; 103-175, eff. 6-30-23; 103-472, eff. 8-1-24; 103-605,
eff. 7-1-24; 103-641, eff. 7-1-24; 103-806, eff. 1-1-25;
revised 11-26-24.)
(105 ILCS 5/27A-10.10)
Sec. 27A-10.10. School transition plans; school action
public meetings and hearings. Closure of charter school;
unspent public funds; procedures for the disposition of
property and assets.
(a) If a local school board approves a school action, the
governing body of the charter school shall work
collaboratively with local school educators and families of
students attending a charter school that is the subject of a
school action to ensure successful integration of affected
students into new learning environments. For a charter school
closure, the governing body of charter school shall ensure

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that all students of the charter school at the time of the
closure will be guaranteed a seat at a receiving school, and
shall ensure that all teachers of the charter school at the
time of the closure will be guaranteed a job at a receiving
school. Upon the closing of a charter school authorized by one
or more local school boards, the governing body of the charter
school or its designee shall refund to the chartering entity
or entities all unspent public funds. The charter school's
other property and assets shall be disposed of under the
provisions of the charter application and contract. If the
application and contract are silent or ambiguous as to the
disposition of any of the school's property or assets, any
property or assets of the charter school purchased with public
funds shall be returned to the school district or districts
from which the charter school draws enrollment, at no cost to
the receiving district or districts, subject to each
district's acceptance of the property or asset. Any unspent
public funds or other property or assets received by the
charter school directly from any State or federal agency shall
be refunded to or revert back to that State or federal agency,
respectively.
(b) The governing body of the charter school shall prepare
and implement a school transition plan to support students
attending a charter school that is the subject of a school
action that accomplishes the goals of this Section. The
governing body must identify and commit specific resources for

HB1387 - 27 - LRB104 05820 LNS 15851 b
implementation of the school transition plan for a minimum of
the full first academic year after the local school board
approves a school action. Upon the closing of a charter school
authorized by the State Board, the governing body of the
charter school or its designee shall refund all unspent public
funds to the State Board. The charter school's other property
and assets shall be disposed of under the provisions of the
charter application and contract. If the application and
contract are silent or ambiguous as to the disposition of any
of the school's property or assets, any property or assets of
the charter school purchased with public funds shall be
returned to the school district or districts from which the
charter school draws its enrollment, at no cost to the
receiving district or districts, subject to each district's
acceptance of the property or asset. Any unspent public funds
or other property or assets provided by a State agency other
than the State Board or by a federal agency shall be refunded
to or revert back to that State or federal agency,
respectively.
(c) The school transition plan shall include the
following: If a determination is made to close a charter
school located within the boundaries of a school district
organized under Article 34 of this Code for at least one school
year, the charter school shall give at least 60 days' notice of
the closure to all affected students and parents or legal
guardians.

HB1387 - 28 - LRB104 05820 LNS 15851 b
(1) services to support the academic, social, and
emotional needs of students; services to support students
with disabilities, homeless students, and English language
learners; and services to address security and safety
issues;
(2) options to enroll in higher performing schools;
(3) informational briefings regarding the choice of
schools which include all pertinent information to enable
the parent or guardian and child to make an informed
choice, including the option to visit the schools of
choice prior to making a decision;
(4) the provision of appropriate transportation if
practicable;
(5) the departments that are responsible for the
oversight;
(6) specific programs to be offered; and
(7) support to implement plans at receiving schools,
specifying the funding source.
(d) When implementing a school action, the local school
board must make reasonable and demonstrated efforts to ensure
that:
(1) affected students receive a level of social
support service that is comparable to the level of social
support service available at the previous school, as long
as the need for social support service continues to exist;
and

HB1387 - 29 - LRB104 05820 LNS 15851 b
(2) class sizes of any receiving school do not exceed
those established under the class size policy of the
charter school that is the subject of a school action,
subject to principal discretion.
(e) By October 1 of each year, the governing body of the
charter school shall prepare and publish school action
guidelines, which shall outline the academic and non-academic
criteria for school action and shall be created with the
involvement of local school councils, parents, educators, and
community organizations. The guidelines, and each subsequent
revision to the guidelines, shall be subject to a public
comment period of at least 21 days before their approval.
(f) By December 1 of each year, the governing body of the
charter school shall announce all proposed school actions to
be taken at the close of the current academic year consistent
with the guidelines.
(g) By December 1 of each year, the governing body of the
charter school shall publish notice of the proposed school
actions.
(1) Notice of the proposal for a school action shall
include a written statement of the basis for the school
action, an explanation of how the school action meets the
criteria set forth in the guidelines, and a draft School
Transition Plan identifying the items required in this
Section for all charter schools affected by the school
action. The notice shall state the date, time, and place

HB1387 - 30 - LRB104 05820 LNS 15851 b
of the hearing or meeting. For a charter school closure
only, 8 months after notice is given, the governing body
of the charter school must publish on the district's
website a full financial report on the closure, which
includes an analysis of the closure's costs and benefits
to the district.
(2) The governing body of the charter school shall
provide notice to the principal, staff, local school
council, and parents or guardians of any charter school
student that is subject to the proposed school action.
(3) The governing body of the charter school shall
provide written notice of any proposed school action to
the State Senator, State Representative, and alderperson
for the charter school or charter schools that are subject
to the proposed school action.
(4) The governing body of the charter school shall
publish notice of proposed school actions on the
district's Internet website.
(5) The governing body of the charter school shall
provide notice of proposed school actions at least 30
calendar days in advance of a public hearing or meeting.
The notice shall state the date, time, and place of the
hearing or meeting. No local school board decision
regarding a proposed school action may take place less
than 60 days after the announcement of the proposed school
action.

HB1387 - 31 - LRB104 05820 LNS 15851 b
(h) The governing body of the charter school shall publish
a brief summary of the proposed school actions and the date,
time, and place of the hearings or meetings in a newspaper of
general circulation.
(i) The governing body of the charter school shall
designate at least 3 opportunities to elicit public comment at
a hearing or meeting on a proposed school action and shall
convene:
(1) at least one public hearing at the centrally
located office of the local school board; and
(2) at least 2 additional public hearings or meetings
at a location convenient to the school community subject
to the proposed school action.
(j) Public hearings shall be conducted by a qualified
independent hearing officer chosen from a list of independent
hearing officers. The general counsel of the charter school
shall compile and publish a list of independent hearing
officers by November 1 of each school year. The independent
hearing officer:
(1) must be a licensed attorney eligible to practice
law in Illinois;
(2) must not be an employee of the local school board;
and
(3) must not have, within the last year, represented
in any capacity the local school board, its employees or
any labor organization representing its employees; any

HB1387 - 32 - LRB104 05820 LNS 15851 b
local school council; or any charter or contract school.
The independent hearing officer shall issue a written
report that summarizes the hearing and determines whether the
governing body of the charter school complied with the
requirements of this Section and the guidelines developed
under this Section.
The governing body of the charter school shall publish the
report on the district's Internet website within 5 calendar
days after receiving the report and at least 15 days before any
local school board action being taken.
(k) Public meetings shall be conducted by a representative
of the governing body of the charter school. A summary of the
public meeting shall be published on the district's Internet
website within 5 calendar days after the meeting.
(l) If the governing body of the charter school proposes a
school action without following the mandates set forth in this
Section, the proposed school action shall not be approved by
the local school board during the school year in which the
school action was proposed.
(Source: P.A. 103-175, eff. 6-30-23.)
(105 ILCS 5/34-18.69)
Sec. 34-18.69. Moratorium on school closings,
consolidations, and phase-outs. The Board shall not approve
any school closings, consolidations, or phase-outs, including
charter school campuses or networks during the term of a

HB1387 - 33 - LRB104 05820 LNS 15851 b
contract, until the Board of Education is seated on January
15, 2025. Nothing in this Section shall prevent a school
district from not renewing a charter school's contract upon
its expiration.
(Source: P.A. 102-177, eff. 12-17-21 (See Section 15 of P.A.
102-691 for the effective date of P.A. 102-177).)