Bill Text: IL HB3037 | 2025-2026 | 104th General Assembly | Introduced


Bill Title: Creates the Right to Play Act. Provides that a student who is a member of a school athletic activity may participate in a nonschool athletic activity that is of the same sport as the school athletic activity during the season in which the student participates in the school athletic activity without losing eligibility to participate in the school athletic activity, provided that the student may not participate in both the nonschool athletic activity and a school athletic practice or competition for the same sport on the same day.

Spectrum: Moderate Partisan Bill (Democrat 4-1)

Status: (Introduced) 2025-02-26 - Added Chief Co-Sponsor Rep. Kevin Schmidt [HB3037 Detail]

Download: Illinois-2025-HB3037-Introduced.html

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB3037

Introduced , by Rep. Janet Yang Rohr

SYNOPSIS AS INTRODUCED:
New Act
105 ILCS 5/27A-5

    Creates the Right to Play Act. Provides that a student who is a member of a school athletic activity may participate in a nonschool athletic activity that is of the same sport as the school athletic activity during the season in which the student participates in the school athletic activity without losing eligibility to participate in the school athletic activity, provided that the student may not participate in both the nonschool athletic activity and a school athletic practice or competition for the same sport on the same day.
LRB104 12006 LNS 22101 b

A BILL FOR

HB3037LRB104 12006 LNS 22101 b
1    AN ACT concerning education.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 1. Short title. This Act may be cited as the Right
5to Play Act.
6    Section 5. Definitions. As used in this Act:
7    "Nonschool athletic activity" means an organized athletic
8activity that is not sponsored by or associated with a school
9and in which participants are:
10        (1) engaged in an athletic game or competition against
11 another team, club, or entity; or
12        (2) in practice or preparation for an athletic game or
13 competition against another team, club, or entity.
14    "Participate" means to:
15        (1) try out for an athletic activity;
16        (2) practice for an athletic activity;
17        (3) be a member of an athletic activity; or
18        (4) play for an athletic activity.
19    "School" means:
20        (1) a public school, charter school, or school
21 district; or
22        (2) a nonpublic school.
23    "School athletic activity" means an organized athletic

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1activity that is sponsored by or associated with a school and
2in which participants are:
3        (1) engaged in an athletic game or competition against
4 another team, club, or entity; or
5        (2) in practice or preparation for an athletic game or
6 competition against another team, club, or activity.
7    "Season" means the official period of time during which a
8school athletic activity is played, including a playoff game.
9    Section 10. Right to play. A student who is a member of a
10school athletic activity may participate in a nonschool
11athletic activity that is of the same sport as the school
12athletic activity during the season in which the student
13participates in the school athletic activity without losing
14eligibility to participate in the school athletic activity.
15However, the student may not participate in both the nonschool
16athletic activity and a school athletic practice or
17competition for the same sport on the same day.
18    Section 90. The School Code is amended by changing Section
1927A-5 as follows:
20    (105 ILCS 5/27A-5)
21    (Text of Section before amendment by P.A. 102-466)
22    Sec. 27A-5. Charter school; legal entity; requirements.
23    (a) A charter school shall be a public, nonsectarian,

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1nonreligious, non-home based, and non-profit school. A charter
2school shall be organized and operated as a nonprofit
3corporation or other discrete, legal, nonprofit entity
4authorized under the laws of the State of Illinois.
5    (b) A charter school may be established under this Article
6by creating a new school or by converting an existing public
7school or attendance center to charter school status. In all
8new applications to establish a charter school in a city
9having a population exceeding 500,000, operation of the
10charter school shall be limited to one campus. This limitation
11does not apply to charter schools existing or approved on or
12before April 16, 2003.
13    (b-5) (Blank).
14    (c) A charter school shall be administered and governed by
15its board of directors or other governing body in the manner
16provided in its charter. The governing body of a charter
17school shall be subject to the Freedom of Information Act and
18the Open Meetings Act. A charter school's board of directors
19or other governing body must include at least one parent or
20guardian of a pupil currently enrolled in the charter school
21who may be selected through the charter school or a charter
22network election, appointment by the charter school's board of
23directors or other governing body, or by the charter school's
24Parent Teacher Organization or its equivalent.
25    (c-5) No later than January 1, 2021 or within the first
26year of his or her first term, every voting member of a charter

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1school's board of directors or other governing body shall
2complete a minimum of 4 hours of professional development
3leadership training to ensure that each member has sufficient
4familiarity with the board's or governing body's role and
5responsibilities, including financial oversight and
6accountability of the school, evaluating the principal's and
7school's performance, adherence to the Freedom of Information
8Act and the Open Meetings Act, and compliance with education
9and labor law. In each subsequent year of his or her term, a
10voting member of a charter school's board of directors or
11other governing body shall complete a minimum of 2 hours of
12professional development training in these same areas. The
13training under this subsection may be provided or certified by
14a statewide charter school membership association or may be
15provided or certified by other qualified providers approved by
16the State Board.
17    (d) For purposes of this subsection (d), "non-curricular
18health and safety requirement" means any health and safety
19requirement created by statute or rule to provide, maintain,
20preserve, or safeguard safe or healthful conditions for
21students and school personnel or to eliminate, reduce, or
22prevent threats to the health and safety of students and
23school personnel. "Non-curricular health and safety
24requirement" does not include any course of study or
25specialized instructional requirement for which the State
26Board has established goals and learning standards or which is

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1designed primarily to impart knowledge and skills for students
2to master and apply as an outcome of their education.
3    A charter school shall comply with all non-curricular
4health and safety requirements applicable to public schools
5under the laws of the State of Illinois. The State Board shall
6promulgate and post on its Internet website a list of
7non-curricular health and safety requirements that a charter
8school must meet. The list shall be updated annually no later
9than September 1. Any charter contract between a charter
10school and its authorizer must contain a provision that
11requires the charter school to follow the list of all
12non-curricular health and safety requirements promulgated by
13the State Board and any non-curricular health and safety
14requirements added by the State Board to such list during the
15term of the charter. Nothing in this subsection (d) precludes
16an authorizer from including non-curricular health and safety
17requirements in a charter school contract that are not
18contained in the list promulgated by the State Board,
19including non-curricular health and safety requirements of the
20authorizing local school board.
21    (e) Except as otherwise provided in the School Code, a
22charter school shall not charge tuition; provided that a
23charter school may charge reasonable fees for textbooks,
24instructional materials, and student activities.
25    (f) A charter school shall be responsible for the
26management and operation of its fiscal affairs, including, but

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1not limited to, the preparation of its budget. An audit of each
2charter school's finances shall be conducted annually by an
3outside, independent contractor retained by the charter
4school. The contractor shall not be an employee of the charter
5school or affiliated with the charter school or its authorizer
6in any way, other than to audit the charter school's finances.
7To ensure financial accountability for the use of public
8funds, on or before December 1 of every year of operation, each
9charter school shall submit to its authorizer and the State
10Board a copy of its audit and a copy of the Form 990 the
11charter school filed that year with the federal Internal
12Revenue Service. In addition, if deemed necessary for proper
13financial oversight of the charter school, an authorizer may
14require quarterly financial statements from each charter
15school.
16    (g) A charter school shall comply with all provisions of
17this Article, the Illinois Educational Labor Relations Act,
18all federal and State laws and rules applicable to public
19schools that pertain to special education and the instruction
20of English learners, and its charter. A charter school is
21exempt from all other State laws and regulations in this Code
22governing public schools and local school board policies;
23however, a charter school is not exempt from the following:
24        (1) Sections 10-21.9 and 34-18.5 of this Code
25 regarding criminal history records checks and checks of
26 the Statewide Sex Offender Database and Statewide Murderer

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

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1        (17) the Seizure Smart School Act;
2        (18) Section 2-3.64a-10 of this Code;
3        (19) Sections 10-20.73 and 34-21.9 of this Code;
4        (20) Section 10-22.25b of this Code;
5        (21) Section 27-9.1a of this Code;
6        (22) Section 27-9.1b of this Code;
7        (23) Section 34-18.8 of this Code;
8        (25) Section 2-3.188 of this Code;
9        (26) Section 22-85.5 of this Code;
10        (27) subsections (d-10), (d-15), and (d-20) of Section
11 10-20.56 of this Code;
12        (28) Sections 10-20.83 and 34-18.78 of this Code;
13        (29) Section 10-20.13 of this Code;
14        (30) Section 28-19.2 of this Code;
15        (31) Section 34-21.6 of this Code;
16        (32) Section 22-85.10 of this Code;
17        (33) Section 2-3.196 of this Code;
18        (34) Section 22-95 of this Code;
19        (35) Section 34-18.62 of this Code;
20        (36) the Illinois Human Rights Act; and
21        (37) Section 2-3.204 of this Code ; and .
22        (38) the Right to Play Act.    
23    The change made by Public Act 96-104 to this subsection
24(g) is declaratory of existing law.
25    (h) A charter school may negotiate and contract with a
26school district, the governing body of a State college or

HB3037- 9 -LRB104 12006 LNS 22101 b
1university or public community college, or any other public or
2for-profit or nonprofit private entity for: (i) the use of a
3school building and grounds or any other real property or
4facilities that the charter school desires to use or convert
5for use as a charter school site, (ii) the operation and
6maintenance thereof, and (iii) the provision of any service,
7activity, or undertaking that the charter school is required
8to perform in order to carry out the terms of its charter.
9Except as provided in subsection (i) of this Section, a school
10district may charge a charter school reasonable rent for the
11use of the district's buildings, grounds, and facilities. Any
12services for which a charter school contracts with a school
13district shall be provided by the district at cost. Any
14services for which a charter school contracts with a local
15school board or with the governing body of a State college or
16university or public community college shall be provided by
17the public entity at cost.
18    (i) In no event shall a charter school that is established
19by converting an existing school or attendance center to
20charter school status be required to pay rent for space that is
21deemed available, as negotiated and provided in the charter
22agreement, in school district facilities. However, all other
23costs for the operation and maintenance of school district
24facilities that are used by the charter school shall be
25subject to negotiation between the charter school and the
26local school board and shall be set forth in the charter.

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1    (j) A charter school may limit student enrollment by age
2or grade level.
3    (k) If the charter school is authorized by the State
4Board, then the charter school is its own local education
5agency.
6(Source: P.A. 102-51, eff. 7-9-21; 102-157, eff. 7-1-22;
7102-360, eff. 1-1-22; 102-445, eff. 8-20-21; 102-522, eff.
88-20-21; 102-558, eff. 8-20-21; 102-676, eff. 12-3-21;
9102-697, eff. 4-5-22; 102-702, eff. 7-1-23; 102-805, eff.
101-1-23; 102-813, eff. 5-13-22; 103-154, eff. 6-30-23; 103-175,
11eff. 6-30-23; 103-472, eff. 8-1-24; 103-605, eff. 7-1-24;
12103-641, eff. 7-1-24; 103-806, eff. 1-1-25; revised 10-9-24.)
13    (Text of Section after amendment by P.A. 102-466)
14    Sec. 27A-5. Charter school; legal entity; requirements.
15    (a) A charter school shall be a public, nonsectarian,
16nonreligious, non-home based, and non-profit school. A charter
17school shall be organized and operated as a nonprofit
18corporation or other discrete, legal, nonprofit entity
19authorized under the laws of the State of Illinois.
20    (b) A charter school may be established under this Article
21by creating a new school or by converting an existing public
22school or attendance center to charter school status. In all
23new applications to establish a charter school in a city
24having a population exceeding 500,000, operation of the
25charter school shall be limited to one campus. This limitation

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1does not apply to charter schools existing or approved on or
2before April 16, 2003.
3    (b-5) (Blank).
4    (c) A charter school shall be administered and governed by
5its board of directors or other governing body in the manner
6provided in its charter. The governing body of a charter
7school shall be subject to the Freedom of Information Act and
8the Open Meetings Act. A charter school's board of directors
9or other governing body must include at least one parent or
10guardian of a pupil currently enrolled in the charter school
11who may be selected through the charter school or a charter
12network election, appointment by the charter school's board of
13directors or other governing body, or by the charter school's
14Parent Teacher Organization or its equivalent.
15    (c-5) No later than January 1, 2021 or within the first
16year of his or her first term, every voting member of a charter
17school's board of directors or other governing body shall
18complete a minimum of 4 hours of professional development
19leadership training to ensure that each member has sufficient
20familiarity with the board's or governing body's role and
21responsibilities, including financial oversight and
22accountability of the school, evaluating the principal's and
23school's performance, adherence to the Freedom of Information
24Act and the Open Meetings Act, and compliance with education
25and labor law. In each subsequent year of his or her term, a
26voting member of a charter school's board of directors or

HB3037- 12 -LRB104 12006 LNS 22101 b
1other governing body shall complete a minimum of 2 hours of
2professional development training in these same areas. The
3training under this subsection may be provided or certified by
4a statewide charter school membership association or may be
5provided or certified by other qualified providers approved by
6the State Board.
7    (d) For purposes of this subsection (d), "non-curricular
8health and safety requirement" means any health and safety
9requirement created by statute or rule to provide, maintain,
10preserve, or safeguard safe or healthful conditions for
11students and school personnel or to eliminate, reduce, or
12prevent threats to the health and safety of students and
13school personnel. "Non-curricular health and safety
14requirement" does not include any course of study or
15specialized instructional requirement for which the State
16Board has established goals and learning standards or which is
17designed primarily to impart knowledge and skills for students
18to master and apply as an outcome of their education.
19    A charter school shall comply with all non-curricular
20health and safety requirements applicable to public schools
21under the laws of the State of Illinois. The State Board shall
22promulgate and post on its Internet website a list of
23non-curricular health and safety requirements that a charter
24school must meet. The list shall be updated annually no later
25than September 1. Any charter contract between a charter
26school and its authorizer must contain a provision that

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1requires the charter school to follow the list of all
2non-curricular health and safety requirements promulgated by
3the State Board and any non-curricular health and safety
4requirements added by the State Board to such list during the
5term of the charter. Nothing in this subsection (d) precludes
6an authorizer from including non-curricular health and safety
7requirements in a charter school contract that are not
8contained in the list promulgated by the State Board,
9including non-curricular health and safety requirements of the
10authorizing local school board.
11    (e) Except as otherwise provided in the School Code, a
12charter school shall not charge tuition; provided that a
13charter school may charge reasonable fees for textbooks,
14instructional materials, and student activities.
15    (f) A charter school shall be responsible for the
16management and operation of its fiscal affairs, including, but
17not limited to, the preparation of its budget. An audit of each
18charter school's finances shall be conducted annually by an
19outside, independent contractor retained by the charter
20school. The contractor shall not be an employee of the charter
21school or affiliated with the charter school or its authorizer
22in any way, other than to audit the charter school's finances.
23To ensure financial accountability for the use of public
24funds, on or before December 1 of every year of operation, each
25charter school shall submit to its authorizer and the State
26Board a copy of its audit and a copy of the Form 990 the

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1charter school filed that year with the federal Internal
2Revenue Service. In addition, if deemed necessary for proper
3financial oversight of the charter school, an authorizer may
4require quarterly financial statements from each charter
5school.
6    (g) A charter school shall comply with all provisions of
7this Article, the Illinois Educational Labor Relations Act,
8all federal and State laws and rules applicable to public
9schools that pertain to special education and the instruction
10of English learners, and its charter. A charter school is
11exempt from all other State laws and regulations in this Code
12governing public schools and local school board policies;
13however, a charter school is not exempt from the following:
14        (1) Sections 10-21.9 and 34-18.5 of this Code
15 regarding criminal history records checks and checks of
16 the Statewide Sex Offender Database and Statewide Murderer
17 and Violent Offender Against Youth Database of applicants
18 for employment;
19        (2) Sections 10-20.14, 10-22.6, 22-100, 24-24, 34-19,
20 and 34-84a of this Code regarding discipline of students;
21        (3) the Local Governmental and Governmental Employees
22 Tort Immunity Act;
23        (4) Section 108.75 of the General Not For Profit
24 Corporation Act of 1986 regarding indemnification of
25 officers, directors, employees, and agents;
26        (5) the Abused and Neglected Child Reporting Act;

HB3037- 15 -LRB104 12006 LNS 22101 b
1        (5.5) subsection (b) of Section 10-23.12 and
2 subsection (b) of Section 34-18.6 of this Code;
3        (6) the Illinois School Student Records Act;
4        (7) Section 10-17a of this Code regarding school
5 report cards;
6        (8) the P-20 Longitudinal Education Data System Act;
7        (9) Section 27-23.7 of this Code regarding bullying
8 prevention;
9        (10) Section 2-3.162 of this Code regarding student
10 discipline reporting;
11        (11) Sections 22-80 and 27-8.1 of this Code;
12        (12) Sections 10-20.60 and 34-18.53 of this Code;
13        (13) Sections 10-20.63 and 34-18.56 of this Code;
14        (14) Sections 22-90 and 26-18 of this Code;
15        (15) Section 22-30 of this Code;
16        (16) Sections 24-12 and 34-85 of this Code;
17        (17) the Seizure Smart School Act;
18        (18) Section 2-3.64a-10 of this Code;
19        (19) Sections 10-20.73 and 34-21.9 of this Code;
20        (20) Section 10-22.25b of this Code;
21        (21) Section 27-9.1a of this Code;
22        (22) Section 27-9.1b of this Code;
23        (23) Section 34-18.8 of this Code;
24        (24) Article 26A of this Code;
25        (25) Section 2-3.188 of this Code;
26        (26) Section 22-85.5 of this Code;

HB3037- 16 -LRB104 12006 LNS 22101 b
1        (27) subsections (d-10), (d-15), and (d-20) of Section
2 10-20.56 of this Code;
3        (28) Sections 10-20.83 and 34-18.78 of this Code;
4        (29) Section 10-20.13 of this Code;
5        (30) Section 28-19.2 of this Code;
6        (31) Section 34-21.6 of this Code;
7        (32) Section 22-85.10 of this Code;
8        (33) Section 2-3.196 of this Code;
9        (34) Section 22-95 of this Code;
10        (35) Section 34-18.62 of this Code;
11        (36) the Illinois Human Rights Act; and
12        (37) Section 2-3.204 of this Code; and .    
13        (38) the Right to Play Act.    
14    The change made by Public Act 96-104 to this subsection
15(g) is declaratory of existing law.
16    (h) A charter school may negotiate and contract with a
17school district, the governing body of a State college or
18university or public community college, or any other public or
19for-profit or nonprofit private entity for: (i) the use of a
20school building and grounds or any other real property or
21facilities that the charter school desires to use or convert
22for use as a charter school site, (ii) the operation and
23maintenance thereof, and (iii) the provision of any service,
24activity, or undertaking that the charter school is required
25to perform in order to carry out the terms of its charter.
26Except as provided in subsection (i) of this Section, a school

HB3037- 17 -LRB104 12006 LNS 22101 b
1district may charge a charter school reasonable rent for the
2use of the district's buildings, grounds, and facilities. Any
3services for which a charter school contracts with a school
4district shall be provided by the district at cost. Any
5services for which a charter school contracts with a local
6school board or with the governing body of a State college or
7university or public community college shall be provided by
8the public entity at cost.
9    (i) In no event shall a charter school that is established
10by converting an existing school or attendance center to
11charter school status be required to pay rent for space that is
12deemed available, as negotiated and provided in the charter
13agreement, in school district facilities. However, all other
14costs for the operation and maintenance of school district
15facilities that are used by the charter school shall be
16subject to negotiation between the charter school and the
17local school board and shall be set forth in the charter.
18    (j) A charter school may limit student enrollment by age
19or grade level.
20    (k) If the charter school is authorized by the State
21Board, then the charter school is its own local education
22agency.
23(Source: P.A. 102-51, eff. 7-9-21; 102-157, eff. 7-1-22;
24102-360, eff. 1-1-22; 102-445, eff. 8-20-21; 102-466, eff.
257-1-25; 102-522, eff. 8-20-21; 102-558, eff. 8-20-21; 102-676,
26eff. 12-3-21; 102-697, eff. 4-5-22; 102-702, eff. 7-1-23;

HB3037- 18 -LRB104 12006 LNS 22101 b
1102-805, eff. 1-1-23; 102-813, eff. 5-13-22; 103-154, eff.
26-30-23; 103-175, eff. 6-30-23; 103-472, eff. 8-1-24; 103-605,
3eff. 7-1-24; 103-641, eff. 7-1-24; 103-806, eff. 1-1-25;
4revised 11-26-24.)
5    Section 95. No acceleration or delay. Where this Act makes
6changes in a statute that is represented in this Act by text
7that is not yet or no longer in effect (for example, a Section
8represented by multiple versions), the use of that text does
9not accelerate or delay the taking effect of (i) the changes
10made by this Act or (ii) provisions derived from any other
11Public Act.
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