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Full Text of HB5074
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HB5074 - 104th General Assembly
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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB5074
Introduced 2/10/2026, by Rep. Curtis J. Tarver, II
SYNOPSIS AS INTRODUCED:
105 ILCS 5/27A-9
Amends the Charter Schools Law of the School Code. Provides that the
principal metric a school board shall consider for a charter renewal must
be academic achievement. Provides that the school board shall grant a
renewal term of no fewer than 5 years if the charter's average annual
summative designation over the term of the charter is in the top 3
summative designations on the State report card. Provides that nothing in
these provisions limits an authorizer's authority to impose conditions or
corrective actions as required by law, but the renewal term for a charter
school meeting a school board's academic criteria may not be fewer than 5
years.
LRB104 17887 LNS 31323 b
A BILL FOR
HB5074
LRB104 17887 LNS 31323 b
1
AN ACT concerning education.
2
Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:
4
Section 5.
The School Code is amended by changing Section
5
27A-9 as follows:
6
(105 ILCS 5/27A-9)
7
Sec. 27A-9.
Term of charter; renewal.
8
(a) An initial charter shall be granted for a period of 5
9
school years. A charter may be renewed in incremental periods
10
not to exceed 10 school years. Authorizers shall ensure that
11
every charter granted on or after January 1, 2017 includes
12
standards and goals for academic, organizational, and
13
financial performance
, subject to subsection (b-5)
. A charter
14
must meet all standards and goals for academic,
15
organizational, and financial performance set forth by the
16
authorizer in order to be renewed for a term in excess of 5
17
years but not more than 10 years. If an authorizer fails to
18
establish standards and goals, a charter shall not be renewed
19
for a term in excess of 5 years. Nothing contained in this
20
Section shall require an authorizer to grant a full 10-year
21
renewal term to any particular charter school, but an
22
authorizer may award a full 10-year renewal term to charter
23
schools that have a demonstrated track record of improving
HB5074
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LRB104 17887 LNS 31323 b
1
student performance.
2
(b) A charter school renewal proposal submitted to the
3
local school board or the State Board, as the chartering
4
entity, shall contain:
5
(1) a report on the progress of the charter school in
6
achieving the goals, objectives, pupil performance
7
standards, content standards, and other terms of the
8
initial approved charter proposal; and
9
(2) a financial statement that discloses the costs of
10
administration, instruction, and other spending categories
11
for the charter school that is understandable to the
12
general public and that will allow comparison of those
13
costs to other schools or other comparable organizations,
14
in a format required by the State Board.
15
(b-5) The principal metric a local school board shall
16
consider for a charter renewal must be academic achievement.
17
The local school board shall grant a renewal term of no fewer
18
than 5 years if the charter's average annual summative
19
designation over the term of the charter is in the top 3
20
summative designations on the State report card under Section
21
10-17a, as defined by the State Board of Education's school
22
accountability system. Nothing in this subsection limits an
23
authorizer's authority to impose conditions or corrective
24
actions as required by law, but the renewal term for a charter
25
school meeting a local school board's academic criteria may
26
not be fewer than 5 years.
HB5074
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LRB104 17887 LNS 31323 b
1
(c) A charter may be revoked or not renewed if the local
2
school board or the State Board, as the chartering entity,
3
clearly demonstrates that the charter school did any of the
4
following, or otherwise failed to comply with the requirements
5
of this law:
6
(1) Committed a material violation of any of the
7
conditions, standards, or procedures set forth in the
8
charter.
9
(2) Failed to meet or make reasonable progress toward
10
achievement of the content standards or pupil performance
11
standards identified in the charter.
12
(3) Failed to meet generally accepted standards of
13
fiscal management.
14
(4) Violated any provision of law from which the
15
charter school was not exempted.
16
In the case of revocation, the local school board or the
17
State Board, as the chartering entity, shall notify the
18
charter school in writing of the reason why the charter is
19
subject to revocation. The charter school shall submit a
20
written plan to the local school board or the State Board,
21
whichever is applicable, to rectify the problem. The plan
22
shall include a timeline for implementation, which shall not
23
exceed 2 years or the date of the charter's expiration,
24
whichever is earlier. If the local school board or the State
25
Board, as the chartering entity, finds that the charter school
26
has failed to implement the plan of remediation and adhere to
HB5074
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LRB104 17887 LNS 31323 b
1
the timeline, then the chartering entity shall revoke the
2
charter. Except in situations of an emergency where the
3
health, safety, or education of the charter school's students
4
is at risk, the revocation shall take place at the end of a
5
school year. Nothing in this Section shall be construed to
6
prohibit an implementation timetable that is less than 2 years
7
in duration. No local school board may arbitrarily or
8
capriciously revoke or not renew a charter. Except for
9
extenuating circumstances outlined in this Section, if a local
10
school board revokes or does not renew a charter, it must
11
ensure that all students currently enrolled in the charter
12
school are placed in schools that are higher performing than
13
that charter school, as defined in the State's federal Every
14
Student Succeeds Act accountability plan. In determining
15
whether extenuating circumstances exist, a local school board
16
must detail, by clear and convincing evidence, that factors
17
unrelated to the charter school's accountability designation
18
outweigh the charter school's academic performance.
19
(d) (Blank).
20
(e) Notice of a local school board's decision to deny,
21
revoke, or not renew a charter shall be provided to the State
22
Board.
23
The State Board may reverse a local board's decision to
24
revoke or not renew a charter if the State Board finds that the
25
charter school or charter school proposal (i) is in compliance
26
with this Article and (ii) is in the best interests of the
HB5074
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LRB104 17887 LNS 31323 b
1
students it is designed to serve. The State Board may
2
condition the granting of an appeal on the acceptance by the
3
charter school of funding in an amount less than that
4
requested in the proposal submitted to the local school board.
5
The State Board must appoint and utilize a hearing officer for
6
any appeals conducted under this subsection. Final decisions
7
of the State Board are subject to judicial review under the
8
Administrative Review Law.
9
(f) Notwithstanding other provisions of this Article, if
10
the State Board on appeal reverses a local board's decision or
11
if a charter school is approved by referendum, the State Board
12
shall act as the authorized chartering entity for the charter
13
school and shall perform all functions under this Article
14
otherwise performed by the local school board. The State Board
15
shall report the aggregate number of charter school pupils
16
resident in a school district to that district and shall
17
notify the district of the amount of funding to be paid by the
18
State Board to the charter school enrolling such students. The
19
charter school shall maintain accurate records of daily
20
attendance and student enrollment and shall enter data on the
21
students served, their characteristics, their particular
22
needs, the programs in which they participate, and their
23
academic achievement into the statewide student information
24
system established by the State Board. The State Board shall
25
withhold from funds otherwise due the district the funds
26
authorized by this Article to be paid to the charter school and
HB5074
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LRB104 17887 LNS 31323 b
1
shall pay such amounts to the charter school in quarterly
2
installments, calculated as follows:
3
(1) The amount of the first quarterly payment shall be
4
based on the projected number of students who will be
5
enrolled in the charter school in the upcoming school
6
year, multiplied by one-fourth of the resident district's
7
per capita tuition amount. Each charter school shall
8
submit its projected enrollment by no later than August 1
9
of each year on a form provided by the State Board for this
10
purpose.
11
(2) The amount of the second quarterly payment shall
12
be calculated such that the aggregate amount of the first
13
and second quarterly installments is equal to the number
14
of students reported as enrolled at the charter school on
15
October 1 in the State Board's student information system,
16
multiplied by one-half of the resident district's per
17
capita tuition amount.
18
(3) The amount of the third quarterly payment shall be
19
based on the number of students enrolled in the charter
20
school on January 1, multiplied by one-fourth of the
21
resident district's per capita tuition amount. Each
22
charter school shall submit its January 1 enrollment by no
23
later than January 5 of each year on a form provided by the
24
State Board for this purpose.
25
(4) The amount of the fourth quarterly payment shall
26
be calculated such that the aggregate amount of the third
HB5074
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LRB104 17887 LNS 31323 b
1
and fourth installments is equal to the number of students
2
reported as enrolled at the charter school on March 1 in
3
the State Board's student information system, multiplied
4
by one-half of the resident district's per capita tuition
5
amount.
6
(g) (Blank).
7
(h) The State Board shall pay directly to a charter school
8
it authorizes any federal or State funding attributable to a
9
student with a disability attending the school.
10
(Source: P.A. 103-175, eff. 6-30-23.)
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