DATABASE RESOURCES FOR STUDENT

Illinois General Assembly - Full Text of HB2817

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB2817

Introduced 2/6/2025, by Rep. Chris Miller

SYNOPSIS AS INTRODUCED:

New Act
105 ILCS 5/27A-5

Creates the Database Resources for Students Act. Provides that a
school district, State agency, public library, or public university or
community college may offer digital or online library database resources
to students in grades kindergarten through 12 only if the provider of the
resources verifies that all the resources have safety policies and
technology protection measures that prohibit and prevent a user of the
resources from sending, receiving, viewing, or downloading and filter or
block access to child pornography, obscene materials, or materials that
depict child sexual exploitation. Provides that, notwithstanding any
contract provision to the contrary, if a provider fails to comply with
these provisions, the school district, State agency, public library, or
public university or community college shall withhold further payments to
the provider pending verification of compliance. Provides that if a
provider fails to timely verify that the provider is in compliance, then
the school district, State agency, public library, or public university or
community college shall consider the provider's act of noncompliance as a
breach of contract. Provides that nothing in the Act exempts from
prosecution an employee of a school district, State agency, public
library, or public university or community college for a willful violation
of the provisions of the Criminal Code of 2012 regarding obscenity and
child pornography. Sets forth reporting provisions. Amends the Charter
Schools Law of the School Code to provide that the Act applies to charter
schools. Effective July 1, 2026.
LRB104 06555 LNS 16591 b

A BILL FOR

HB2817
LRB104 06555 LNS 16591 b
1

AN ACT concerning students.

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
Database Resources for Students Act.

6

Section 5.
Library database resources; safety policies and
7
technology protection measures.
8

(a) A school district, State agency, public library, or
9
public university or community college may offer digital or
10
online library database resources to students in grades
11
kindergarten through 12 only if the provider of the resources
12
verifies that all the resources comply with subsection (b).
13

(b) Digital or online library database resources offered
14
by a school district, State agency, public library, or public
15
university or community college to students in grades
16
kindergarten through 12 shall have safety policies and
17
technology protection measures that:
18

(1) prohibit and prevent a user of the resources from
19

sending, receiving, viewing, or downloading child
20

pornography, obscene materials, or materials that depict
21

child sexual exploitation under Sections 11-20, 11-20.1,
22

and 11-9.1 of the Criminal Code of 2012; and
23

(2) filter or block access to child pornography,

HB2817
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LRB104 06555 LNS 16591 b
1

obscene materials, or materials that depict child sexual
2

exploitation under Sections 11-20, 11-20.1, and 11-9.1 of
3

the Criminal Code of 2012.

4

Section 10.
Noncompliance.
5

(a) Notwithstanding any contract provision to the
6
contrary, if a provider of digital or online library resources
7
fails to comply with Section 5, the school district, State
8
agency, public library, or public university or community
9
college shall withhold further payments, if any, to the
10
provider pending verification of compliance.
11

(b) If a provider of digital or online library database
12
resources fails to timely verify that the provider is in
13
compliance with subsection (b) of Section 5, then the school
14
district, State agency, public library, or public university
15
or community college shall consider the provider's act of
16
noncompliance as a breach of contract.
17

(c) No later than December 1 of each year, each school
18
district, State agency, public library, public university, and
19
public community college shall submit to the General Assembly
20
an aggregate written report on any issues related to provider
21
noncompliance under this Section.

22

Section 15.
Willful violation of criminal law.
Nothing in
23
this Act exempts from prosecution an employee of a school
24
district, State agency, public library, or public university

HB2817
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LRB104 06555 LNS 16591 b
1
or community college for a willful violation of Section 11-20
2
or 11-20.1 of the Criminal Code of 2012.

3

Section 90.
The School Code is amended by changing Section
4
27A-5 as follows:

5

(105 ILCS 5/27A-5)
6

(Text of Section before amendment by P.A. 102-466
)
7

Sec. 27A-5.
Charter school; legal entity; requirements.
8

(a) A charter school shall be a public, nonsectarian,
9
nonreligious, non-home based, and non-profit school. A charter
10
school shall be organized and operated as a nonprofit
11
corporation or other discrete, legal, nonprofit entity
12
authorized under the laws of the State of Illinois.
13

(b) A charter school may be established under this Article
14
by creating a new school or by converting an existing public
15
school or attendance center to charter school status. In all
16
new applications to establish a charter school in a city
17
having a population exceeding 500,000, operation of the
18
charter school shall be limited to one campus. This limitation
19
does not apply to charter schools existing or approved on or
20
before April 16, 2003.
21

(b-5) (Blank).
22

(c) A charter school shall be administered and governed by
23
its board of directors or other governing body in the manner
24
provided in its charter. The governing body of a charter

HB2817
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LRB104 06555 LNS 16591 b
1
school shall be subject to the Freedom of Information Act and
2
the Open Meetings Act. A charter school's board of directors
3
or other governing body must include at least one parent or
4
guardian of a pupil currently enrolled in the charter school
5
who may be selected through the charter school or a charter
6
network election, appointment by the charter school's board of
7
directors or other governing body, or by the charter school's
8
Parent Teacher Organization or its equivalent.
9

(c-5) No later than January 1, 2021 or within the first
10
year of his or her first term, every voting member of a charter
11
school's board of directors or other governing body shall
12
complete a minimum of 4 hours of professional development
13
leadership training to ensure that each member has sufficient
14
familiarity with the board's or governing body's role and
15
responsibilities, including financial oversight and
16
accountability of the school, evaluating the principal's and
17
school's performance, adherence to the Freedom of Information
18
Act and the Open Meetings Act, and compliance with education
19
and labor law. In each subsequent year of his or her term, a
20
voting member of a charter school's board of directors or
21
other governing body shall complete a minimum of 2 hours of
22
professional development training in these same areas. The
23
training under this subsection may be provided or certified by
24
a statewide charter school membership association or may be
25
provided or certified by other qualified providers approved by
26
the State Board.

HB2817
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LRB104 06555 LNS 16591 b
1

(d) For purposes of this subsection (d), "non-curricular
2
health and safety requirement" means any health and safety
3
requirement created by statute or rule to provide, maintain,
4
preserve, or safeguard safe or healthful conditions for
5
students and school personnel or to eliminate, reduce, or
6
prevent threats to the health and safety of students and
7
school personnel. "Non-curricular health and safety
8
requirement" does not include any course of study or
9
specialized instructional requirement for which the State
10
Board has established goals and learning standards or which is
11
designed primarily to impart knowledge and skills for students
12
to master and apply as an outcome of their education.
13

A charter school shall comply with all non-curricular
14
health and safety requirements applicable to public schools
15
under the laws of the State of Illinois. The State Board shall
16
promulgate and post on its Internet website a list of
17
non-curricular health and safety requirements that a charter
18
school must meet. The list shall be updated annually no later
19
than September 1. Any charter contract between a charter
20
school and its authorizer must contain a provision that
21
requires the charter school to follow the list of all
22
non-curricular health and safety requirements promulgated by
23
the State Board and any non-curricular health and safety
24
requirements added by the State Board to such list during the
25
term of the charter. Nothing in this subsection (d) precludes
26
an authorizer from including non-curricular health and safety

HB2817
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LRB104 06555 LNS 16591 b
1
requirements in a charter school contract that are not
2
contained in the list promulgated by the State Board,
3
including non-curricular health and safety requirements of the
4
authorizing local school board.
5

(e) Except as otherwise provided in the School Code, a
6
charter school shall not charge tuition; provided that a
7
charter school may charge reasonable fees for textbooks,
8
instructional materials, and student activities.
9

(f) A charter school shall be responsible for the
10
management and operation of its fiscal affairs, including, but
11
not limited to, the preparation of its budget. An audit of each
12
charter school's finances shall be conducted annually by an
13
outside, independent contractor retained by the charter
14
school. The contractor shall not be an employee of the charter
15
school or affiliated with the charter school or its authorizer
16
in any way, other than to audit the charter school's finances.
17
To ensure financial accountability for the use of public
18
funds, on or before December 1 of every year of operation, each
19
charter school shall submit to its authorizer and the State
20
Board a copy of its audit and a copy of the Form 990 the
21
charter school filed that year with the federal Internal
22
Revenue Service. In addition, if deemed necessary for proper
23
financial oversight of the charter school, an authorizer may
24
require quarterly financial statements from each charter
25
school.
26

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

HB2817
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LRB104 06555 LNS 16591 b
1
this Article, the Illinois Educational Labor Relations Act,
2
all federal and State laws and rules applicable to public
3
schools that pertain to special education and the instruction
4
of English learners, and its charter. A charter school is
5
exempt from all other State laws and regulations in this Code
6
governing public schools and local school board policies;
7
however, a charter school is not exempt from the following:
8

(1) Sections 10-21.9 and 34-18.5 of this Code
9

regarding criminal history records checks and checks of
10

the Statewide Sex Offender Database and Statewide Murderer
11

and Violent Offender Against Youth Database of applicants
12

for employment;
13

(2) Sections 10-20.14, 10-22.6, 22-100, 24-24, 34-19,
14

and 34-84a of this Code regarding discipline of students;
15

(3) the Local Governmental and Governmental Employees
16

Tort Immunity Act;
17

(4) Section 108.75 of the General Not For Profit
18

Corporation Act of 1986 regarding indemnification of
19

officers, directors, employees, and agents;
20

(5) the Abused and Neglected Child Reporting Act;
21

(5.5) subsection (b) of Section 10-23.12 and
22

subsection (b) of Section 34-18.6 of this Code;
23

(6) the Illinois School Student Records Act;
24

(7) Section 10-17a of this Code regarding school
25

report cards;
26

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

HB2817
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LRB104 06555 LNS 16591 b
1

(9) Section 27-23.7 of this Code regarding bullying
2

prevention;
3

(10) Section 2-3.162 of this Code regarding student
4

discipline reporting;
5

(11) Sections 22-80 and 27-8.1 of this Code;
6

(12) Sections 10-20.60 and 34-18.53 of this Code;
7

(13) Sections 10-20.63 and 34-18.56 of this Code;
8

(14) Sections 22-90 and 26-18 of this Code;
9

(15) Section 22-30 of this Code;
10

(16) Sections 24-12 and 34-85 of this Code;
11

(17) the Seizure Smart School Act;
12

(18) Section 2-3.64a-10 of this Code;
13

(19) Sections 10-20.73 and 34-21.9 of this Code;
14

(20) Section 10-22.25b of this Code;
15

(21) Section 27-9.1a of this Code;
16

(22) Section 27-9.1b of this Code;
17

(23) Section 34-18.8 of this Code;
18

(25) Section 2-3.188 of this Code;
19

(26) Section 22-85.5 of this Code;
20

(27) subsections (d-10), (d-15), and (d-20) of Section
21

10-20.56 of this Code;
22

(28) Sections 10-20.83 and 34-18.78 of this Code;
23

(29) Section 10-20.13 of this Code;
24

(30) Section 28-19.2 of this Code;
25

(31) Section 34-21.6 of this Code;
26

(32) Section 22-85.10 of this Code;

HB2817
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LRB104 06555 LNS 16591 b
1

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

(34) Section 22-95 of this Code;
3

(35) Section 34-18.62 of this Code;
4

(36) the Illinois Human Rights Act; and
5

(37) Section 2-3.204 of this Code.
6

The change made by Public Act 96-104 to this subsection
7
(g) is declaratory of existing law.
8

(h) A charter school may negotiate and contract with a
9
school district, the governing body of a State college or
10
university or public community college, or any other public or
11
for-profit or nonprofit private entity for: (i) the use of a
12
school building and grounds or any other real property or
13
facilities that the charter school desires to use or convert
14
for use as a charter school site, (ii) the operation and
15
maintenance thereof, and (iii) the provision of any service,
16
activity, or undertaking that the charter school is required
17
to perform in order to carry out the terms of its charter.
18
Except as provided in subsection (i) of this Section, a school
19
district may charge a charter school reasonable rent for the
20
use of the district's buildings, grounds, and facilities. Any
21
services for which a charter school contracts with a school
22
district shall be provided by the district at cost. Any
23
services for which a charter school contracts with a local
24
school board or with the governing body of a State college or
25
university or public community college shall be provided by
26
the public entity at cost.

HB2817
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LRB104 06555 LNS 16591 b
1

(i) In no event shall a charter school that is established
2
by converting an existing school or attendance center to
3
charter school status be required to pay rent for space that is
4
deemed available, as negotiated and provided in the charter
5
agreement, in school district facilities. However, all other
6
costs for the operation and maintenance of school district
7
facilities that are used by the charter school shall be
8
subject to negotiation between the charter school and the
9
local school board and shall be set forth in the charter.
10

(j) A charter school may limit student enrollment by age
11
or grade level.
12

(k) If the charter school is authorized by the State
13
Board, then the charter school is its own local education
14
agency.
15
(Source: P.A. 102-51, eff. 7-9-21; 102-157, eff. 7-1-22;
16
102-360, eff. 1-1-22; 102-445, eff. 8-20-21; 102-522, eff.
17
8-20-21; 102-558, eff. 8-20-21; 102-676, eff. 12-3-21;
18
102-697, eff. 4-5-22; 102-702, eff. 7-1-23; 102-805, eff.
19
1-1-23; 102-813, eff. 5-13-22; 103-154, eff. 6-30-23; 103-175,
20
eff. 6-30-23; 103-472, eff. 8-1-24; 103-605, eff. 7-1-24;
21
103-641, eff. 7-1-24; 103-806, eff. 1-1-25; revised 10-9-24.)

22

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

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

(a) A charter school shall be a public, nonsectarian,
25
nonreligious, non-home based, and non-profit school. A charter

HB2817
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LRB104 06555 LNS 16591 b
1
school shall be organized and operated as a nonprofit
2
corporation or other discrete, legal, nonprofit entity
3
authorized under the laws of the State of Illinois.
4

(b) A charter school may be established under this Article
5
by creating a new school or by converting an existing public
6
school or attendance center to charter school status. In all
7
new applications to establish a charter school in a city
8
having a population exceeding 500,000, operation of the
9
charter school shall be limited to one campus. This limitation
10
does not apply to charter schools existing or approved on or
11
before April 16, 2003.
12

(b-5) (Blank).
13

(c) A charter school shall be administered and governed by
14
its board of directors or other governing body in the manner
15
provided in its charter. The governing body of a charter
16
school shall be subject to the Freedom of Information Act and
17
the Open Meetings Act. A charter school's board of directors
18
or other governing body must include at least one parent or
19
guardian of a pupil currently enrolled in the charter school
20
who may be selected through the charter school or a charter
21
network election, appointment by the charter school's board of
22
directors or other governing body, or by the charter school's
23
Parent Teacher Organization or its equivalent.
24

(c-5) No later than January 1, 2021 or within the first
25
year of his or her first term, every voting member of a charter
26
school's board of directors or other governing body shall

HB2817
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LRB104 06555 LNS 16591 b
1
complete a minimum of 4 hours of professional development
2
leadership training to ensure that each member has sufficient
3
familiarity with the board's or governing body's role and
4
responsibilities, including financial oversight and
5
accountability of the school, evaluating the principal's and
6
school's performance, adherence to the Freedom of Information
7
Act and the Open Meetings Act, and compliance with education
8
and labor law. In each subsequent year of his or her term, a
9
voting member of a charter school's board of directors or
10
other governing body shall complete a minimum of 2 hours of
11
professional development training in these same areas. The
12
training under this subsection may be provided or certified by
13
a statewide charter school membership association or may be
14
provided or certified by other qualified providers approved by
15
the State Board.
16

(d) For purposes of this subsection (d), "non-curricular
17
health and safety requirement" means any health and safety
18
requirement created by statute or rule to provide, maintain,
19
preserve, or safeguard safe or healthful conditions for
20
students and school personnel or to eliminate, reduce, or
21
prevent threats to the health and safety of students and
22
school personnel. "Non-curricular health and safety
23
requirement" does not include any course of study or
24
specialized instructional requirement for which the State
25
Board has established goals and learning standards or which is
26
designed primarily to impart knowledge and skills for students

HB2817
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LRB104 06555 LNS 16591 b
1
to master and apply as an outcome of their education.
2

A charter school shall comply with all non-curricular
3
health and safety requirements applicable to public schools
4
under the laws of the State of Illinois. The State Board shall
5
promulgate and post on its Internet website a list of
6
non-curricular health and safety requirements that a charter
7
school must meet. The list shall be updated annually no later
8
than September 1. Any charter contract between a charter
9
school and its authorizer must contain a provision that
10
requires the charter school to follow the list of all
11
non-curricular health and safety requirements promulgated by
12
the State Board and any non-curricular health and safety
13
requirements added by the State Board to such list during the
14
term of the charter. Nothing in this subsection (d) precludes
15
an authorizer from including non-curricular health and safety
16
requirements in a charter school contract that are not
17
contained in the list promulgated by the State Board,
18
including non-curricular health and safety requirements of the
19
authorizing local school board.
20

(e) Except as otherwise provided in the School Code, a
21
charter school shall not charge tuition; provided that a
22
charter school may charge reasonable fees for textbooks,
23
instructional materials, and student activities.
24

(f) A charter school shall be responsible for the
25
management and operation of its fiscal affairs, including, but
26
not limited to, the preparation of its budget. An audit of each

HB2817
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LRB104 06555 LNS 16591 b
1
charter school's finances shall be conducted annually by an
2
outside, independent contractor retained by the charter
3
school. The contractor shall not be an employee of the charter
4
school or affiliated with the charter school or its authorizer
5
in any way, other than to audit the charter school's finances.
6
To ensure financial accountability for the use of public
7
funds, on or before December 1 of every year of operation, each
8
charter school shall submit to its authorizer and the State
9
Board a copy of its audit and a copy of the Form 990 the
10
charter school filed that year with the federal Internal
11
Revenue Service. In addition, if deemed necessary for proper
12
financial oversight of the charter school, an authorizer may
13
require quarterly financial statements from each charter
14
school.
15

(g) A charter school shall comply with all provisions of
16
this Article, the Illinois Educational Labor Relations Act,
17
all federal and State laws and rules applicable to public
18
schools that pertain to special education and the instruction
19
of English learners, and its charter. A charter school is
20
exempt from all other State laws and regulations in this Code
21
governing public schools and local school board policies;
22
however, a charter school is not exempt from the following:
23

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

regarding criminal history records checks and checks of
25

the Statewide Sex Offender Database and Statewide Murderer
26

and Violent Offender Against Youth Database of applicants

HB2817
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LRB104 06555 LNS 16591 b
1

for employment;
2

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

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

(3) the Local Governmental and Governmental Employees
5

Tort Immunity Act;
6

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

Corporation Act of 1986 regarding indemnification of
8

officers, directors, employees, and agents;
9

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

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

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

(6) the Illinois School Student Records Act;
13

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

report cards;
15

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

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

prevention;
18

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

discipline reporting;
20

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

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

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

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

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

(16) Sections 24-12 and 34-85 of this Code;
26

(17) the Seizure Smart School Act;

HB2817
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LRB104 06555 LNS 16591 b
1

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

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

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

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

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

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

(24) Article 26A of this Code;
8

(25) Section 2-3.188 of this Code;
9

(26) Section 22-85.5 of this Code;
10

(27) subsections (d-10), (d-15), and (d-20) of Section
11

10-20.56 of this Code;
12

(28) Sections 10-20.83 and 34-18.78 of this Code;
13

(29) Section 10-20.13 of this Code;
14

(30) Section 28-19.2 of this Code;
15

(31) Section 34-21.6 of this Code;
16

(32) Section 22-85.10 of this Code;
17

(33) Section 2-3.196 of this Code;
18

(34) Section 22-95 of this Code;
19

(35) Section 34-18.62 of this Code;
20

(36) the Illinois Human Rights Act; and
21

(37) Section 2-3.204 of this Code.
22

(38) the Database Resources for Students 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
26
school district, the governing body of a State college or

HB2817
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LRB104 06555 LNS 16591 b
1
university or public community college, or any other public or
2
for-profit or nonprofit private entity for: (i) the use of a
3
school building and grounds or any other real property or
4
facilities that the charter school desires to use or convert
5
for use as a charter school site, (ii) the operation and
6
maintenance thereof, and (iii) the provision of any service,
7
activity, or undertaking that the charter school is required
8
to perform in order to carry out the terms of its charter.
9
Except as provided in subsection (i) of this Section, a school
10
district may charge a charter school reasonable rent for the
11
use of the district's buildings, grounds, and facilities. Any
12
services for which a charter school contracts with a school
13
district shall be provided by the district at cost. Any
14
services for which a charter school contracts with a local
15
school board or with the governing body of a State college or
16
university or public community college shall be provided by
17
the public entity at cost.
18

(i) In no event shall a charter school that is established
19
by converting an existing school or attendance center to
20
charter school status be required to pay rent for space that is
21
deemed available, as negotiated and provided in the charter
22
agreement, in school district facilities. However, all other
23
costs for the operation and maintenance of school district
24
facilities that are used by the charter school shall be
25
subject to negotiation between the charter school and the
26
local school board and shall be set forth in the charter.

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LRB104 06555 LNS 16591 b
1

(j) A charter school may limit student enrollment by age
2
or grade level.
3

(k) If the charter school is authorized by the State
4
Board, then the charter school is its own local education
5
agency.
6
(Source: P.A. 102-51, eff. 7-9-21; 102-157, eff. 7-1-22;
7
102-360, eff. 1-1-22; 102-445, eff. 8-20-21; 102-466, eff.
8
7-1-25; 102-522, eff. 8-20-21; 102-558, eff. 8-20-21; 102-676,
9
eff. 12-3-21; 102-697, eff. 4-5-22; 102-702, eff. 7-1-23;
10
102-805, eff. 1-1-23; 102-813, eff. 5-13-22; 103-154, eff.
11
6-30-23; 103-175, eff. 6-30-23; 103-472, eff. 8-1-24; 103-605,
12
eff. 7-1-24; 103-641, eff. 7-1-24; 103-806, eff. 1-1-25;
13
revised 11-26-24.)

14

Section 95.
No acceleration or delay.
Where this Act makes
15
changes in a statute that is represented in this Act by text
16
that is not yet or no longer in effect (for example, a Section
17
represented by multiple versions), the use of that text does
18
not accelerate or delay the taking effect of (i) the changes
19
made by this Act or (ii) provisions derived from any other
20
Public Act.

21

Section 999.
Effective date.
This Act takes effect July 1,
22
2026.

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