Illinois-2023-HB2049-Introduced

103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2049

Introduced , by Rep. Maurice A. West, II

SYNOPSIS AS INTRODUCED:

See Index

Amends the School Code. Provides that each school district must create, implement, and maintain an age-appropriate policy on race-related harassment and discrimination. In provisions concerning bullying prevention, provides that the required policy on bullying shall also include age-appropriate information about the definitions of harassment and sexual harassment, the procedures for reporting harassment, and the protections and relief available under Illinois Human Rights Act. Amends the Illinois Human Rights Act. Provides that harassment by an elementary, secondary, or higher education representative or the failure of an institution of elementary, secondary, or higher education to take remedial action or appropriate disciplinary action against a student or an elementary, secondary, or higher education representative employed by the institution (if the institution knows that the student or representative committed or engaged in harassment) is a civil rights violation. Provides that each institution of elementary, secondary, or higher education shall establish, implement, and maintain a continuing race-related discrimination and harassment program. Sets forth requirements concerning policies and procedures, a model training program, and reporting. Makes other changes. Effective August 1, 2024.

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STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY

A BILL FOR

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1 AN ACT concerning education.

2 Be it enacted by the People of the State of Illinois,

3 represented in the General Assembly:

4 Section 1. This Act may be referred to as the Racism-Free

5 Schools Law.

6 Section 5. The School Code is amended by changing Sections

7 10-20.69, 27-23.7, 27A-5, and 34-18.62 as follows:

8 (105 ILCS 5/10-20.69)

9 Sec. 10-20.69. Policies ~~Policy~~ on ~~sexual~~ harassment and

10 discrimination.

11 (a) Each school district must create, maintain, and

12 implement an age-appropriate policy on sexual harassment that

13 must be posted on the school district's website and, if

14 applicable, any other area where policies, rules, and

15 standards of conduct are currently posted in each school and

16 must also be included in the school district's student code of

17 conduct handbook.

18 (b) Each school district must create, implement, and

19 maintain an age-appropriate policy on race-related harassment

20 and discrimination. This policy must be in compliance with and

21 distributed in accordance with Section 5A-103 of the Illinois

22 Human Rights Act.

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1 (Source: P.A. 101-418, eff. 1-1-20; 102-558, eff. 8-20-21.)

2 (105 ILCS 5/27-23.7)

3 Sec. 27-23.7. Bullying prevention.

4 (a) The General Assembly finds that a safe and civil

5 school environment is necessary for students to learn and

6 achieve and that bullying causes physical, psychological, and

7 emotional harm to students and interferes with students'

8 ability to learn and participate in school activities. The

9 General Assembly further finds that bullying has been linked

10 to other forms of antisocial behavior, such as vandalism,

11 shoplifting, skipping and dropping out of school, fighting,

12 using drugs and alcohol, sexual harassment, and sexual

13 violence. Because of the negative outcomes associated with

14 bullying in schools, the General Assembly finds that school

15 districts, charter schools, and non-public, non-sectarian

16 elementary and secondary schools should educate students,

17 parents, and school district, charter school, or non-public,

18 non-sectarian elementary or secondary school personnel about

19 what behaviors constitute prohibited bullying.

20 Bullying on the basis of actual or perceived race, color,

21 religion, sex, national origin, ancestry, age, marital status,

22 physical or mental disability, military status, sexual

23 orientation, gender-related identity or expression,

24 unfavorable discharge from military service, association with

25 a person or group with one or more of the aforementioned actual

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1 or perceived characteristics, or any other distinguishing

2 characteristic is prohibited in all school districts, charter

3 schools, and non-public, non-sectarian elementary and

4 secondary schools. No student shall be subjected to bullying:

5 (1) during any school-sponsored education program or

6 activity;

7 (2) while in school, on school property, on school

8 buses or other school vehicles, at designated school bus

9 stops waiting for the school bus, or at school-sponsored

10 or school-sanctioned events or activities;

11 (3) through the transmission of information from a

12 school computer, a school computer network, or other

13 similar electronic school equipment; or

14 (4) through the transmission of information from a

15 computer that is accessed at a nonschool-related location,

16 activity, function, or program or from the use of

17 technology or an electronic device that is not owned,

18 leased, or used by a school district or school if the

19 bullying causes a substantial disruption to the

20 educational process or orderly operation of a school. This

21 item (4) applies only in cases in which a school

22 administrator or teacher receives a report that bullying

23 through this means has occurred and does not require a

24 district or school to staff or monitor any

25 nonschool-related activity, function, or program.

26 (a-5) Nothing in this Section is intended to infringe upon

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1 any right to exercise free expression or the free exercise of

2 religion or religiously based views protected under the First

3 Amendment to the United States Constitution or under Section 3

4 of Article I of the Illinois Constitution.

5 (b) In this Section:

6 "Bullying" includes "cyber-bullying" and means any severe

7 or pervasive physical or verbal act or conduct, including

8 communications made in writing or electronically, directed

9 toward a student or students that has or can be reasonably

10 predicted to have the effect of one or more of the following:

11 (1) placing the student or students in reasonable fear

12 of harm to the student's or students' person or property;

13 (2) causing a substantially detrimental effect on the

14 student's or students' physical or mental health;

15 (3) substantially interfering with the student's or

16 students' academic performance; or

17 (4) substantially interfering with the student's or

18 students' ability to participate in or benefit from the

19 services, activities, or privileges provided by a school.

20 Bullying, as defined in this subsection (b), may take

21 various forms, including without limitation one or more of the

22 following: harassment, threats, intimidation, stalking,

23 physical violence, sexual harassment, sexual violence, racial

24 harassment, racial violence, theft, public humiliation,

25 destruction of property, or retaliation for asserting or

26 alleging an act of bullying. This list is meant to be

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1 illustrative and non-exhaustive.

2 "Cyber-bullying" means bullying through the use of

3 technology or any electronic communication, including without

4 limitation any transfer of signs, signals, writing, images,

5 sounds, data, or intelligence of any nature transmitted in

6 whole or in part by a wire, radio, electromagnetic system,

7 photoelectronic system, or photooptical system, including

8 without limitation electronic mail, Internet communications,

9 instant messages, or facsimile communications.

10 "Cyber-bullying" includes the creation of a webpage or weblog

11 in which the creator assumes the identity of another person or

12 the knowing impersonation of another person as the author of

13 posted content or messages if the creation or impersonation

14 creates any of the effects enumerated in the definition of

15 bullying in this Section. "Cyber-bullying" also includes the

16 distribution by electronic means of a communication to more

17 than one person or the posting of material on an electronic

18 medium that may be accessed by one or more persons if the

19 distribution or posting creates any of the effects enumerated

20 in the definition of bullying in this Section.

21 "Policy on bullying" means a bullying prevention policy

22 that meets the following criteria:

23 (1) Includes the bullying definition provided in this

24 Section.

25 (1.5) Includes age-appropriate information about the

26 definitions of harassment in elementary, secondary, or

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1 higher education and sexual harassment in elementary,

2 secondary, or higher education in accordance with the

3 Illinois Human Rights Act.

4 (1.10) Includes procedures for reporting harassment to

5 school, State, and federal officials and the protections

6 and relief available to victims of harassment under

7 Articles 7A and 8A of the Illinois Human Rights Act and any

8 other applicable State and federal laws.

9 (2) Includes a statement that bullying is contrary to

10 State law and the policy of the school district, charter

11 school, or non-public, non-sectarian elementary or

12 secondary school and is consistent with subsection (a-5)

13 of this Section.

14 (3) Includes procedures for promptly reporting

15 bullying, including, but not limited to, identifying and

16 providing the school e-mail address (if applicable) and

17 school telephone number for the staff person or persons

18 responsible for receiving such reports and a procedure for

19 anonymous reporting; however, this shall not be construed

20 to permit formal disciplinary action solely on the basis

21 of an anonymous report.

22 (4) Consistent with federal and State laws and rules

23 governing student privacy rights, includes procedures for

24 promptly informing parents or guardians of all students

25 involved in the alleged incident of bullying and

26 discussing, as appropriate, the availability of social

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1 work services, counseling, school psychological services,

2 other interventions, and restorative measures.

3 (5) Contains procedures for promptly investigating and

4 addressing reports of bullying, including the following:

5 (A) Making all reasonable efforts to complete the

6 investigation within 10 school days after the date the

7 report of the incident of bullying was received and

8 taking into consideration additional relevant

9 information received during the course of the

10 investigation about the reported incident of bullying.

11 (B) Involving appropriate school support personnel

12 and other staff persons with knowledge, experience,

13 and training on bullying prevention, as deemed

14 appropriate, in the investigation process and

15 including one or more persons designated by the school

16 with the appropriate knowledge, experience, or

17 training to identify harassment and the authority to

18 implement appropriate procedures and protections in

19 cases of harassment.

20 (C) Notifying the principal or school

21 administrator or his or her designee of the report of

22 the incident of bullying as soon as possible after the

23 report is received.

24 (D) Consistent with federal and State laws and

25 rules governing student privacy rights, providing

26 parents and guardians of the students who are parties

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1 to the investigation information about the

2 investigation and an opportunity to meet with the

3 principal or school administrator or his or her

4 designee to discuss the investigation, the findings of

5 the investigation, and the actions taken to address

6 the reported incident of bullying.

7 (6) Includes the interventions that can be taken to

8 address bullying, which may include, but are not limited

9 to, school social work services, restorative measures,

10 social-emotional skill building, counseling, school

11 psychological services, and community-based services.

12 (7) Includes a statement prohibiting reprisal or

13 retaliation against any person who reports an act of

14 bullying and the consequences and appropriate remedial

15 actions for a person who engages in reprisal or

16 retaliation.

17 (8) Includes consequences and appropriate remedial

18 actions for a person found to have falsely accused another

19 of bullying as a means of retaliation or as a means of

20 bullying.

21 (9) Is based on the engagement of a range of school

22 stakeholders, including students and parents or guardians.

23 (10) Is posted on the school district's, charter

24 school's, or non-public, non-sectarian elementary or

25 secondary school's existing Internet website, is included

26 in the student handbook, and, where applicable, posted

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1 where other policies, rules, and standards of conduct are

2 currently posted in the school and provided periodically

3 throughout the school year to students and faculty, and is

4 distributed annually to parents, guardians, students, and

5 school personnel, including new employees when hired.

6 (11) As part of the process of reviewing and

7 re-evaluating the policy under subsection (d) of this

8 Section, contains a policy evaluation process to assess

9 the outcomes and effectiveness of the policy that

10 includes, but is not limited to, factors such as the

11 frequency of victimization; the number and percentages of

12 bullying incidents that also constitute harassment in

13 elementary, secondary, or higher education under the

14 Illinois Human Rights Act; student, staff, and family

15 observations of safety at a school; identification of

16 areas of a school where bullying occurs; the types of

17 bullying utilized; and bystander intervention or

18 participation. The school district, charter school, or

19 non-public, non-sectarian elementary or secondary school

20 may use relevant data and information it already collects

21 for other purposes in the policy evaluation. The

22 information developed as a result of the policy evaluation

23 must be made available on the Internet website of the

24 school district, charter school, or non-public,

25 non-sectarian elementary or secondary school. If an

26 Internet website is not available, the information must be

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1 provided to school administrators, school board members,

2 school personnel, parents, guardians, and students.

3 (12) Is consistent with the policies of the school

4 board, charter school, or non-public, non-sectarian

5 elementary or secondary school.

6 "Restorative measures" means a continuum of school-based

7 alternatives to exclusionary discipline, such as suspensions

8 and expulsions, that: (i) are adapted to the particular needs

9 of the school and community, (ii) contribute to maintaining

10 school safety, (iii) protect the integrity of a positive and

11 productive learning climate, (iv) teach students the personal

12 and interpersonal skills they will need to be successful in

13 school and society, (v) serve to build and restore

14 relationships among students, families, schools, and

15 communities, (vi) reduce the likelihood of future disruption

16 by balancing accountability with an understanding of students'

17 behavioral health needs in order to keep students in school,

18 and (vii) increase student accountability if the incident of

19 bullying is based on religion, race, ethnicity, or any other

20 category that is identified in the Illinois Human Rights Act.

21 "School personnel" means persons employed by, on contract

22 with, or who volunteer in a school district, charter school,

23 or non-public, non-sectarian elementary or secondary school,

24 including without limitation school and school district

25 administrators, teachers, school social workers, school

26 counselors, school psychologists, school nurses, cafeteria

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1 workers, custodians, bus drivers, school resource officers,

2 and security guards.

3 (c) (Blank).

4 (d) Each school district, charter school, and non-public,

5 non-sectarian elementary or secondary school shall create,

6 maintain, and implement a policy on bullying, which policy

7 must be filed with the State Board of Education. The policy or

8 implementing procedure shall include a process to investigate

9 whether a reported act of bullying is within the permissible

10 scope of the district's or school's jurisdiction and whether

11 the reported act of bullying meets the threshold for

12 harassment in elementary, secondary, or higher education under

13 the Illinois Human Rights Act and shall require that the

14 district or school provide the victim with information

15 regarding services that are available within the district and

16 community, such as counseling, support services, and other

17 programs, and the protections and relief available under

18 Articles 7A and 8A of the Illinois Human Rights Act in cases in

19 which the reported act of bullying meets the threshold for

20 harassment in elementary, secondary, or higher education under

21 the Illinois Human Rights Act. School personnel available for

22 help with a bully or to make a report about bullying shall be

23 made known to parents or legal guardians, students, and school

24 personnel. Every 2 years, each school district, charter

25 school, and non-public, non-sectarian elementary or secondary

26 school shall conduct a review and re-evaluation of its policy

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1 and make any necessary and appropriate revisions, including

2 revisions that prevent harassment if appropriate. No later

3 than September 30 of the subject year, the policy must be filed

4 with the State Board of Education after being updated. The

5 State Board of Education shall monitor and provide technical

6 support for the implementation of policies created under this

7 subsection (d). In monitoring the implementation of the

8 policies, the State Board of Education shall review each filed

9 policy on bullying to ensure all policies meet the

10 requirements set forth in this Section, including ensuring

11 that each policy meets the 12 criterion identified within the

12 definition of "policy on bullying" set forth in this Section.

13 If a school district, charter school, or non-public,

14 non-sectarian elementary or secondary school fails to file a

15 policy on bullying by September 30 of the subject year, the

16 State Board of Education shall provide a written request for

17 filing to the school district, charter school, or non-public,

18 non-sectarian elementary or secondary school. If a school

19 district, charter school, or non-public, non-sectarian

20 elementary or secondary school fails to file a policy on

21 bullying within 14 days of receipt of the aforementioned

22 written request, the State Board of Education shall publish

23 notice of the non-compliance on the State Board of Education's

24 website.

25 (e) This Section shall not be interpreted to prevent a

26 victim from seeking redress under any other available civil or

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1 criminal law.

2 (Source: P.A. 102-197, eff. 7-30-21; 102-241, eff. 8-3-21;

3 102-813, eff. 5-13-22; 102-894, eff. 5-20-22.)

4 (105 ILCS 5/27A-5)

5 (Text of Section before amendment by P.A. 102-466 and

6 102-702)

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.

16 Beginning on April 16, 2003 (the effective date of Public Act

17 93-3), in all new applications to establish a charter school

18 in a city having a population exceeding 500,000, operation of

19 the charter school shall be limited to one campus. The changes

20 made to this Section by Public Act 93-3 do not apply to charter

21 schools existing or approved on or before April 16, 2003 (the

22 effective date of Public Act 93-3).

23 (b-5) In this subsection (b-5), "virtual-schooling" means

24 a cyber school where students engage in online curriculum and

25 instruction via the Internet and electronic communication with

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1 their teachers at remote locations and with students

2 participating at different times.

3 From April 1, 2013 through December 31, 2016, there is a

4 moratorium on the establishment of charter schools with

5 virtual-schooling components in school districts other than a

6 school district organized under Article 34 of this Code. This

7 moratorium does not apply to a charter school with

8 virtual-schooling components existing or approved prior to

9 April 1, 2013 or to the renewal of the charter of a charter

10 school with virtual-schooling components already approved

11 prior to April 1, 2013.

12 (c) A charter school shall be administered and governed by

13 its board of directors or other governing body in the manner

14 provided in its charter. The governing body of a charter

15 school shall be subject to the Freedom of Information Act and

16 the Open Meetings Act. No later than January 1, 2021 (one year

17 after the effective date of Public Act 101-291), a charter

18 school's board of directors or other governing body must

19 include at least one parent or guardian of a pupil currently

20 enrolled in the charter school who may be selected through the

21 charter school or a charter network election, appointment by

22 the charter school's board of directors or other governing

23 body, or by the charter school's Parent Teacher Organization

24 or its equivalent.

25 (c-5) No later than January 1, 2021 (one year after the

26 effective date of Public Act 101-291) or within the first year

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1 of his or her first term, every voting member of a charter

2 school's board of directors or other governing body shall

3 complete a minimum of 4 hours of professional development

4 leadership training to ensure that each member has sufficient

5 familiarity with the board's or governing body's role and

6 responsibilities, including financial oversight and

7 accountability of the school, evaluating the principal's and

8 school's performance, adherence to the Freedom of Information

9 Act and the Open Meetings Act, and compliance with education

10 and labor law. In each subsequent year of his or her term, a

11 voting member of a charter school's board of directors or

12 other governing body shall complete a minimum of 2 hours of

13 professional development training in these same areas. The

14 training under this subsection may be provided or certified by

15 a statewide charter school membership association or may be

16 provided or certified by other qualified providers approved by

17 the State Board of Education.

18 (d) For purposes of this subsection (d), "non-curricular

19 health and safety requirement" means any health and safety

20 requirement created by statute or rule to provide, maintain,

21 preserve, or safeguard safe or healthful conditions for

22 students and school personnel or to eliminate, reduce, or

23 prevent threats to the health and safety of students and

24 school personnel. "Non-curricular health and safety

25 requirement" does not include any course of study or

26 specialized instructional requirement for which the State

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1 Board has established goals and learning standards or which is

2 designed primarily to impart knowledge and skills for students

3 to master and apply as an outcome of their education.

4 A charter school shall comply with all non-curricular

5 health and safety requirements applicable to public schools

6 under the laws of the State of Illinois. On or before September

7 1, 2015, the State Board shall promulgate and post on its

8 Internet website a list of non-curricular health and safety

9 requirements that a charter school must meet. The list shall

10 be updated annually no later than September 1. Any charter

11 contract between a charter school and its authorizer must

12 contain a provision that requires the charter school to follow

13 the list of all non-curricular health and safety requirements

14 promulgated by the State Board and any non-curricular health

15 and safety requirements added by the State Board to such list

16 during the term of the charter. Nothing in this subsection (d)

17 precludes an authorizer from including non-curricular health

18 and safety requirements in a charter school contract that are

19 not contained in the list promulgated by the State Board,

20 including non-curricular health and safety requirements of the

21 authorizing local school board.

22 (e) Except as otherwise provided in the School Code, a

23 charter school shall not charge tuition; provided that a

24 charter school may charge reasonable fees for textbooks,

25 instructional materials, and student activities.

26 (f) A charter school shall be responsible for the

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1 management and operation of its fiscal affairs, including, but

2 not limited to, the preparation of its budget. An audit of each

3 charter school's finances shall be conducted annually by an

4 outside, independent contractor retained by the charter

5 school. The contractor shall not be an employee of the charter

6 school or affiliated with the charter school or its authorizer

7 in any way, other than to audit the charter school's finances.

8 To ensure financial accountability for the use of public

9 funds, on or before December 1 of every year of operation, each

10 charter school shall submit to its authorizer and the State

11 Board a copy of its audit and a copy of the Form 990 the

12 charter school filed that year with the federal Internal

13 Revenue Service. In addition, if deemed necessary for proper

14 financial oversight of the charter school, an authorizer may

15 require quarterly financial statements from each charter

16 school.

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

18 this Article, the Illinois Educational Labor Relations Act,

19 all federal and State laws and rules applicable to public

20 schools that pertain to special education and the instruction

21 of English learners, and its charter. A charter school is

22 exempt from all other State laws and regulations in this Code

23 governing public schools and local school board policies;

24 however, a charter school is not exempt from the following:

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

26 regarding criminal history records checks and checks of

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1 the Statewide Sex Offender Database and Statewide Murderer

2 and Violent Offender Against Youth Database of applicants

3 for employment;

4 (2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and

5 34-84a of this Code regarding discipline of students;

6 (3) the Local Governmental and Governmental Employees

7 Tort Immunity Act;

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

9 Corporation Act of 1986 regarding indemnification of

10 officers, directors, employees, and agents;

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

12 (5.5) subsection (b) of Section 10-23.12 and

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

14 (6) the Illinois School Student Records Act;

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

16 report cards;

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

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

19 prevention;

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

21 discipline reporting;

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

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

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

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

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

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

2 (17) the Seizure Smart School Act;

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

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

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

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

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

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

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

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

11 (27) subsections ~~Subsections~~ (d-10), (d-15), and

12 (d-20) of Section 10-20.56 of this Code; ~~and~~

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

14 (29) ~~(27)~~ Section 10-20.13 of this Code;

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

16 (31) ~~(29)~~ Section 34-21.6 of this Code; and ~~.~~

17 (33) Sections 10-20.69 and 34-18.62 of this Code.

18 The change made by Public Act 96-104 to this subsection

19 (g) is declaratory of existing law.

20 (h) A charter school may negotiate and contract with a

21 school district, the governing body of a State college or

22 university or public community college, or any other public or

23 for-profit or nonprofit private entity for: (i) the use of a

24 school building and grounds or any other real property or

25 facilities that the charter school desires to use or convert

26 for use as a charter school site, (ii) the operation and

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1 maintenance thereof, and (iii) the provision of any service,

2 activity, or undertaking that the charter school is required

3 to perform in order to carry out the terms of its charter.

4 However, a charter school that is established on or after

5 April 16, 2003 (the effective date of Public Act 93-3) and that

6 operates in a city having a population exceeding 500,000 may

7 not contract with a for-profit entity to manage or operate the

8 school during the period that commences on April 16, 2003 (the

9 effective date of Public Act 93-3) and concludes at the end of

10 the 2004-2005 school year. Except as provided in subsection

11 (i) of this Section, a school district may charge a charter

12 school reasonable rent for the use of the district's

13 buildings, grounds, and facilities. Any services for which a

14 charter school contracts with a school district shall be

15 provided by the district at cost. Any services for which a

16 charter school contracts with a local school board or with the

17 governing body of a State college or university or public

18 community college shall be provided by the public entity at

19 cost.

20 (i) In no event shall a charter school that is established

21 by converting an existing school or attendance center to

22 charter school status be required to pay rent for space that is

23 deemed available, as negotiated and provided in the charter

24 agreement, in school district facilities. However, all other

25 costs for the operation and maintenance of school district

26 facilities that are used by the charter school shall be

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1 subject to negotiation between the charter school and the

2 local school board and shall be set forth in the charter.

3 (j) A charter school may limit student enrollment by age

4 or grade level.

5 (k) If the charter school is approved by the State Board or

6 Commission, then the charter school is its own local education

7 agency.

8 (Source: P.A. 101-50, eff. 7-1-20; 101-81, eff. 7-12-19;

9 101-291, eff. 1-1-20; 101-531, eff. 8-23-19; 101-543, eff.

10 8-23-19; 101-654, eff. 3-8-21; 102-51, eff. 7-9-21; 102-157,

11 eff. 7-1-22; 102-360, eff. 1-1-22; 102-445, eff. 8-20-21;

12 102-522, eff. 8-20-21; 102-558, eff. 8-20-21; 102-676, eff.

13 12-3-21; 102-697, eff. 4-5-22; 102-805, eff. 1-1-23; 102-813,

14 eff. 5-13-22; revised 12-13-22.)

15 (Text of Section after amendment by P.A. 102-702 but

16 before amendment by P.A. 102-466)

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

18 (a) A charter school shall be a public, nonsectarian,

19 nonreligious, non-home based, and non-profit school. A charter

20 school shall be organized and operated as a nonprofit

21 corporation or other discrete, legal, nonprofit entity

22 authorized under the laws of the State of Illinois.

23 (b) A charter school may be established under this Article

24 by creating a new school or by converting an existing public

25 school or attendance center to charter school status.

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1 Beginning on April 16, 2003 (the effective date of Public Act

2 93-3), in all new applications to establish a charter school

3 in a city having a population exceeding 500,000, operation of

4 the charter school shall be limited to one campus. The changes

5 made to this Section by Public Act 93-3 do not apply to charter

6 schools existing or approved on or before April 16, 2003 (the

7 effective date of Public Act 93-3).

8 (b-5) In this subsection (b-5), "virtual-schooling" means

9 a cyber school where students engage in online curriculum and

10 instruction via the Internet and electronic communication with

11 their teachers at remote locations and with students

12 participating at different times.

13 From April 1, 2013 through December 31, 2016, there is a

14 moratorium on the establishment of charter schools with

15 virtual-schooling components in school districts other than a

16 school district organized under Article 34 of this Code. This

17 moratorium does not apply to a charter school with

18 virtual-schooling components existing or approved prior to

19 April 1, 2013 or to the renewal of the charter of a charter

20 school with virtual-schooling components already approved

21 prior to April 1, 2013.

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

25 school shall be subject to the Freedom of Information Act and

26 the Open Meetings Act. No later than January 1, 2021 (one year

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1 after the effective date of Public Act 101-291), a charter

2 school's board of directors or other governing body must

3 include at least one parent or guardian of a pupil currently

4 enrolled in the charter school who may be selected through the

5 charter school or a charter network election, appointment by

6 the charter school's board of directors or other governing

7 body, or by the charter school's Parent Teacher Organization

8 or its equivalent.

9 (c-5) No later than January 1, 2021 (one year after the

10 effective date of Public Act 101-291) or within the first year

11 of his or her first term, every voting member of a charter

12 school's board of directors or other governing body shall

13 complete a minimum of 4 hours of professional development

14 leadership training to ensure that each member has sufficient

15 familiarity with the board's or governing body's role and

16 responsibilities, including financial oversight and

17 accountability of the school, evaluating the principal's and

18 school's performance, adherence to the Freedom of Information

19 Act and the Open Meetings Act, and compliance with education

20 and labor law. In each subsequent year of his or her term, a

21 voting member of a charter school's board of directors or

22 other governing body shall complete a minimum of 2 hours of

23 professional development training in these same areas. The

24 training under this subsection may be provided or certified by

25 a statewide charter school membership association or may be

26 provided or certified by other qualified providers approved by

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1 the State Board of Education.

2 (d) For purposes of this subsection (d), "non-curricular

3 health and safety requirement" means any health and safety

4 requirement created by statute or rule to provide, maintain,

5 preserve, or safeguard safe or healthful conditions for

6 students and school personnel or to eliminate, reduce, or

7 prevent threats to the health and safety of students and

8 school personnel. "Non-curricular health and safety

9 requirement" does not include any course of study or

10 specialized instructional requirement for which the State

11 Board has established goals and learning standards or which is

12 designed primarily to impart knowledge and skills for students

13 to master and apply as an outcome of their education.

14 A charter school shall comply with all non-curricular

15 health and safety requirements applicable to public schools

16 under the laws of the State of Illinois. On or before September

17 1, 2015, the State Board shall promulgate and post on its

18 Internet website a list of non-curricular health and safety

19 requirements that a charter school must meet. The list shall

20 be updated annually no later than September 1. Any charter

21 contract between a charter school and its authorizer must

22 contain a provision that requires the charter school to follow

23 the list of all non-curricular health and safety requirements

24 promulgated by the State Board and any non-curricular health

25 and safety requirements added by the State Board to such list

26 during the term of the charter. Nothing in this subsection (d)

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1 precludes an authorizer from including non-curricular health

2 and safety requirements in a charter school contract that are

3 not contained in the list promulgated by the State Board,

4 including non-curricular health and safety requirements of the

5 authorizing local school board.

6 (e) Except as otherwise provided in the School Code, a

7 charter school shall not charge tuition; provided that a

8 charter school may charge reasonable fees for textbooks,

9 instructional materials, and student activities.

10 (f) A charter school shall be responsible for the

11 management and operation of its fiscal affairs, including, but

12 not limited to, the preparation of its budget. An audit of each

13 charter school's finances shall be conducted annually by an

14 outside, independent contractor retained by the charter

15 school. The contractor shall not be an employee of the charter

16 school or affiliated with the charter school or its authorizer

17 in any way, other than to audit the charter school's finances.

18 To ensure financial accountability for the use of public

19 funds, on or before December 1 of every year of operation, each

20 charter school shall submit to its authorizer and the State

21 Board a copy of its audit and a copy of the Form 990 the

22 charter school filed that year with the federal Internal

23 Revenue Service. In addition, if deemed necessary for proper

24 financial oversight of the charter school, an authorizer may

25 require quarterly financial statements from each charter

26 school.

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

2 this Article, the Illinois Educational Labor Relations Act,

3 all federal and State laws and rules applicable to public

4 schools that pertain to special education and the instruction

5 of English learners, and its charter. A charter school is

6 exempt from all other State laws and regulations in this Code

7 governing public schools and local school board policies;

8 however, a charter school is not exempt from the following:

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

10 regarding criminal history records checks and checks of

11 the Statewide Sex Offender Database and Statewide Murderer

12 and Violent Offender Against Youth Database of applicants

13 for employment;

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

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

16 (3) the Local Governmental and Governmental Employees

17 Tort Immunity Act;

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

19 Corporation Act of 1986 regarding indemnification of

20 officers, directors, employees, and agents;

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

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

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

24 (6) the Illinois School Student Records Act;

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

26 report cards;

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

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

3 prevention;

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

5 discipline reporting;

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

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

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

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

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

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

12 (17) the Seizure Smart School Act;

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

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

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

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

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

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

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

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

21 (27) subsections ~~Subsections~~ (d-10), (d-15), and

22 (d-20) of Section 10-20.56 of this Code; ~~and~~

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

24 (29) ~~(27)~~ Section 10-20.13 of this Code;

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

26 (31) ~~(29)~~ Section 34-21.6 of this Code; ~~.~~

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1 (32) ~~(25)~~ Section 22-85.10 of this Code; and ~~.~~

2 (33) Sections 10-20.69 and 34-18.62 of this Code.

3 The change made by Public Act 96-104 to this subsection

4 (g) is declaratory of existing law.

5 (h) A charter school may negotiate and contract with a

6 school district, the governing body of a State college or

7 university or public community college, or any other public or

8 for-profit or nonprofit private entity for: (i) the use of a

9 school building and grounds or any other real property or

10 facilities that the charter school desires to use or convert

11 for use as a charter school site, (ii) the operation and

12 maintenance thereof, and (iii) the provision of any service,

13 activity, or undertaking that the charter school is required

14 to perform in order to carry out the terms of its charter.

15 However, a charter school that is established on or after

16 April 16, 2003 (the effective date of Public Act 93-3) and that

17 operates in a city having a population exceeding 500,000 may

18 not contract with a for-profit entity to manage or operate the

19 school during the period that commences on April 16, 2003 (the

20 effective date of Public Act 93-3) and concludes at the end of

21 the 2004-2005 school year. Except as provided in subsection

22 (i) of this Section, a school district may charge a charter

23 school reasonable rent for the use of the district's

24 buildings, grounds, and facilities. Any services for which a

25 charter school contracts with a school district shall be

26 provided by the district at cost. Any services for which a

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1 charter school contracts with a local school board or with the

2 governing body of a State college or university or public

3 community college shall be provided by the public entity at

4 cost.

5 (i) In no event shall a charter school that is established

6 by converting an existing school or attendance center to

7 charter school status be required to pay rent for space that is

8 deemed available, as negotiated and provided in the charter

9 agreement, in school district facilities. However, all other

10 costs for the operation and maintenance of school district

11 facilities that are used by the charter school shall be

12 subject to negotiation between the charter school and the

13 local school board and shall be set forth in the charter.

14 (j) A charter school may limit student enrollment by age

15 or grade level.

16 (k) If the charter school is approved by the State Board or

17 Commission, then the charter school is its own local education

18 agency.

19 (Source: P.A. 101-50, eff. 7-1-20; 101-81, eff. 7-12-19;

20 101-291, eff. 1-1-20; 101-531, eff. 8-23-19; 101-543, eff.

21 8-23-19; 101-654, eff. 3-8-21; 102-51, eff. 7-9-21; 102-157,

22 eff. 7-1-22; 102-360, eff. 1-1-22; 102-445, eff. 8-20-21;

23 102-522, eff. 8-20-21; 102-558, eff. 8-20-21; 102-676, eff.

24 12-3-21; 102-697, eff. 4-5-22; 102-702, eff. 7-1-23; 102-805,

25 eff. 1-1-23; 102-813, eff. 5-13-22; revised 12-13-22.)

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

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

3 (a) A charter school shall be a public, nonsectarian,

4 nonreligious, non-home based, and non-profit school. A charter

5 school shall be organized and operated as a nonprofit

6 corporation or other discrete, legal, nonprofit entity

7 authorized under the laws of the State of Illinois.

8 (b) A charter school may be established under this Article

9 by creating a new school or by converting an existing public

10 school or attendance center to charter school status.

11 Beginning on April 16, 2003 (the effective date of Public Act

12 93-3), in all new applications to establish a charter school

13 in a city having a population exceeding 500,000, operation of

14 the charter school shall be limited to one campus. The changes

15 made to this Section by Public Act 93-3 do not apply to charter

16 schools existing or approved on or before April 16, 2003 (the

17 effective date of Public Act 93-3).

18 (b-5) In this subsection (b-5), "virtual-schooling" means

19 a cyber school where students engage in online curriculum and

20 instruction via the Internet and electronic communication with

21 their teachers at remote locations and with students

22 participating at different times.

23 From April 1, 2013 through December 31, 2016, there is a

24 moratorium on the establishment of charter schools with

25 virtual-schooling components in school districts other than a

26 school district organized under Article 34 of this Code. This

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1 moratorium does not apply to a charter school with

2 virtual-schooling components existing or approved prior to

3 April 1, 2013 or to the renewal of the charter of a charter

4 school with virtual-schooling components already approved

5 prior to April 1, 2013.

6 (c) A charter school shall be administered and governed by

7 its board of directors or other governing body in the manner

8 provided in its charter. The governing body of a charter

9 school shall be subject to the Freedom of Information Act and

10 the Open Meetings Act. No later than January 1, 2021 (one year

11 after the effective date of Public Act 101-291), a charter

12 school's board of directors or other governing body must

13 include at least one parent or guardian of a pupil currently

14 enrolled in the charter school who may be selected through the

15 charter school or a charter network election, appointment by

16 the charter school's board of directors or other governing

17 body, or by the charter school's Parent Teacher Organization

18 or its equivalent.

19 (c-5) No later than January 1, 2021 (one year after the

20 effective date of Public Act 101-291) or within the first year

21 of his or her first term, every voting member of a charter

22 school's board of directors or other governing body shall

23 complete a minimum of 4 hours of professional development

24 leadership training to ensure that each member has sufficient

25 familiarity with the board's or governing body's role and

26 responsibilities, including financial oversight and

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1 accountability of the school, evaluating the principal's and

2 school's performance, adherence to the Freedom of Information

3 Act and the Open Meetings Act, and compliance with education

4 and labor law. In each subsequent year of his or her term, a

5 voting member of a charter school's board of directors or

6 other governing body shall complete a minimum of 2 hours of

7 professional development training in these same areas. The

8 training under this subsection may be provided or certified by

9 a statewide charter school membership association or may be

10 provided or certified by other qualified providers approved by

11 the State Board of Education.

12 (d) For purposes of this subsection (d), "non-curricular

13 health and safety requirement" means any health and safety

14 requirement created by statute or rule to provide, maintain,

15 preserve, or safeguard safe or healthful conditions for

16 students and school personnel or to eliminate, reduce, or

17 prevent threats to the health and safety of students and

18 school personnel. "Non-curricular health and safety

19 requirement" does not include any course of study or

20 specialized instructional requirement for which the State

21 Board has established goals and learning standards or which is

22 designed primarily to impart knowledge and skills for students

23 to master and apply as an outcome of their education.

24 A charter school shall comply with all non-curricular

25 health and safety requirements applicable to public schools

26 under the laws of the State of Illinois. On or before September

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1 1, 2015, the State Board shall promulgate and post on its

2 Internet website a list of non-curricular health and safety

3 requirements that a charter school must meet. The list shall

4 be updated annually no later than September 1. Any charter

5 contract between a charter school and its authorizer must

6 contain a provision that requires the charter school to follow

7 the list of all non-curricular health and safety requirements

8 promulgated by the State Board and any non-curricular health

9 and safety requirements added by the State Board to such list

10 during the term of the charter. Nothing in this subsection (d)

11 precludes an authorizer from including non-curricular health

12 and safety requirements in a charter school contract that are

13 not contained in the list promulgated by the State Board,

14 including non-curricular health and safety requirements of the

15 authorizing local school board.

16 (e) Except as otherwise provided in the School Code, a

17 charter school shall not charge tuition; provided that a

18 charter school may charge reasonable fees for textbooks,

19 instructional materials, and student activities.

20 (f) A charter school shall be responsible for the

21 management and operation of its fiscal affairs, including, but

22 not limited to, the preparation of its budget. An audit of each

23 charter school's finances shall be conducted annually by an

24 outside, independent contractor retained by the charter

25 school. The contractor shall not be an employee of the charter

26 school or affiliated with the charter school or its authorizer

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1 in any way, other than to audit the charter school's finances.

2 To ensure financial accountability for the use of public

3 funds, on or before December 1 of every year of operation, each

4 charter school shall submit to its authorizer and the State

5 Board a copy of its audit and a copy of the Form 990 the

6 charter school filed that year with the federal Internal

7 Revenue Service. In addition, if deemed necessary for proper

8 financial oversight of the charter school, an authorizer may

9 require quarterly financial statements from each charter

10 school.

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

12 this Article, the Illinois Educational Labor Relations Act,

13 all federal and State laws and rules applicable to public

14 schools that pertain to special education and the instruction

15 of English learners, and its charter. A charter school is

16 exempt from all other State laws and regulations in this Code

17 governing public schools and local school board policies;

18 however, a charter school is not exempt from the following:

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

20 regarding criminal history records checks and checks of

21 the Statewide Sex Offender Database and Statewide Murderer

22 and Violent Offender Against Youth Database of applicants

23 for employment;

24 (2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and

25 34-84a of this Code regarding discipline of students;

26 (3) the Local Governmental and Governmental Employees

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1 Tort Immunity Act;

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

3 Corporation Act of 1986 regarding indemnification of

4 officers, directors, employees, and agents;

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

6 (5.5) subsection (b) of Section 10-23.12 and

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

8 (6) the Illinois School Student Records Act;

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

10 report cards;

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

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

13 prevention;

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

15 discipline reporting;

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

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

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

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

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

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

22 (17) the Seizure Smart School Act;

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

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

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

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

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

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

3 (24) Article 26A of this Code; ~~and~~

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

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

6 (27) subsections ~~Subsections~~ (d-10), (d-15), and

7 (d-20) of Section 10-20.56 of this Code; ~~and~~

8 (28) Sections 10-20.83 and 34-18.78 of this Code; ~~.~~

9 (29) ~~(27)~~ Section 10-20.13 of this Code;

10 (30) ~~(28)~~ Section 28-19.2 of this Code; ~~and~~

11 (31) ~~(29)~~ Section 34-21.6 of this Code~~.~~

12 (32) ~~(25)~~ Section 22-85.10 of this Code; and ~~.~~

13 (33) Sections 10-20.69 and 34-18.62 of this Code.

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

17 school district, the governing body of a State college or

18 university or public community college, or any other public or

19 for-profit or nonprofit private entity for: (i) the use of a

20 school building and grounds or any other real property or

21 facilities that the charter school desires to use or convert

22 for use as a charter school site, (ii) the operation and

23 maintenance thereof, and (iii) the provision of any service,

24 activity, or undertaking that the charter school is required

25 to perform in order to carry out the terms of its charter.

26 However, a charter school that is established on or after

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1 April 16, 2003 (the effective date of Public Act 93-3) and that

2 operates in a city having a population exceeding 500,000 may

3 not contract with a for-profit entity to manage or operate the

4 school during the period that commences on April 16, 2003 (the

5 effective date of Public Act 93-3) and concludes at the end of

6 the 2004-2005 school year. Except as provided in subsection

7 (i) of this Section, a school district may charge a charter

8 school reasonable rent for the use of the district's

9 buildings, grounds, and facilities. Any services for which a

10 charter school contracts with a school district shall be

11 provided by the district at cost. Any services for which a

12 charter school contracts with a local school board or with the

13 governing body of a State college or university or public

14 community college shall be provided by the public entity at

15 cost.

16 (i) In no event shall a charter school that is established

17 by converting an existing school or attendance center to

18 charter school status be required to pay rent for space that is

19 deemed available, as negotiated and provided in the charter

20 agreement, in school district facilities. However, all other

21 costs for the operation and maintenance of school district

22 facilities that are used by the charter school shall be

23 subject to negotiation between the charter school and the

24 local school board and shall be set forth in the charter.

25 (j) A charter school may limit student enrollment by age

26 or grade level.

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1 (k) If the charter school is approved by the State Board or

2 Commission, then the charter school is its own local education

3 agency.

4 (Source: P.A. 101-50, eff. 7-1-20; 101-81, eff. 7-12-19;

5 101-291, eff. 1-1-20; 101-531, eff. 8-23-19; 101-543, eff.

6 8-23-19; 101-654, eff. 3-8-21; 102-51, eff. 7-9-21; 102-157,

7 eff. 7-1-22; 102-360, eff. 1-1-22; 102-445, eff. 8-20-21;

8 102-466, eff. 7-1-25; 102-522, eff. 8-20-21; 102-558, eff.

9 8-20-21; 102-676, eff. 12-3-21; 102-697, eff. 4-5-22; 102-702,

10 eff. 7-1-23; 102-805, eff. 1-1-23; 102-813, eff. 5-13-22;

11 revised 12-13-22.)

12 (105 ILCS 5/34-18.62)

13 Sec. 34-18.62. Policies ~~Policy~~ on ~~sexual~~ harassment and

14 discrimination.

15 (a) The school district must create, maintain, and

16 implement an age-appropriate policy on sexual harassment that

17 must be posted on the school district's website and, if

18 applicable, any other area where policies, rules, and

19 standards of conduct are currently posted in each school and

20 must also be included in the school district's student code of

21 conduct handbook.

22 (b) The school district must create, implement, and

23 maintain an age-appropriate policy on race-related harassment

24 and discrimination. This policy must be in compliance with and

25 distributed in accordance with Section 5A-103 of the Illinois

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1 Human Rights Act.

2 (Source: P.A. 101-418, eff. 1-1-20; 102-558, eff. 8-20-21.)

3 Section 10. The Illinois Human Rights Act is amended by

4 changing Sections 1-102, 5A-101, 5A-102, and 6-101 and by

5 adding Section 5A-103 as follows:

6 (775 ILCS 5/1-102) (from Ch. 68, par. 1-102)

7 Sec. 1-102. Declaration of Policy. It is the public

8 policy of this State:

9 (A) Freedom from Unlawful Discrimination. To secure for

10 all individuals within Illinois the freedom from

11 discrimination against any individual because of his or her

12 race, color, religion, sex, national origin, ancestry, age,

13 order of protection status, marital status, physical or mental

14 disability, military status, sexual orientation, pregnancy, or

15 unfavorable discharge from military service in connection with

16 employment, real estate transactions, access to financial

17 credit, and the availability of public accommodations,

18 including elementary, secondary, and higher education

19 institutions.

20 (B) Freedom from Sexual Harassment-Employment and

21 Elementary, Secondary, and Higher Education. To prevent sexual

22 harassment in employment and sexual harassment in elementary,

23 secondary, and higher education.

24 (C) Freedom from Discrimination Based on Citizenship

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1 Status-Employment. To prevent discrimination based on

2 citizenship status in employment.

3 (C-5) Freedom from Discrimination Based on Work

4 Authorization Status-Employment. To prevent discrimination

5 based on the specific status or term of status that

6 accompanies a legal work authorization.

7 (D) Freedom from Discrimination Based on Familial Status

8 or Source of Income-Real Estate Transactions. To prevent

9 discrimination based on familial status or source of income in

10 real estate transactions.

11 (E) Public Health, Welfare and Safety. To promote the

12 public health, welfare and safety by protecting the interest

13 of all people in Illinois in maintaining personal dignity, in

14 realizing their full productive capacities, and in furthering

15 their interests, rights and privileges as citizens of this

16 State.

17 (F) Implementation of Constitutional Guarantees. To secure

18 and guarantee the rights established by Sections 17, 18 and 19

19 of Article I of the Illinois Constitution of 1970.

20 (G) Equal Opportunity, Affirmative Action. To establish

21 Equal Opportunity and Affirmative Action as the policies of

22 this State in all of its decisions, programs and activities,

23 and to assure that all State departments, boards, commissions

24 and instrumentalities rigorously take affirmative action to

25 provide equality of opportunity and eliminate the effects of

26 past discrimination in the internal affairs of State

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1 government and in their relations with the public.

2 (H) Unfounded Charges. To protect citizens of this State

3 against unfounded charges of unlawful discrimination, sexual

4 harassment in employment and sexual harassment in elementary,

5 secondary, and higher education, and discrimination based on

6 citizenship status or work authorization status in employment.

7 (Source: P.A. 102-233, eff. 8-2-21; 102-896, eff. 1-1-23.)

8 (775 ILCS 5/5A-101) (from Ch. 68, par. 5A-101)

9 Sec. 5A-101. Definitions. The following definitions are

10 applicable strictly in the content of this Article, except

11 that the term "sexual harassment in elementary, secondary, and

12 higher education" as defined herein has the meaning herein

13 ascribed to it whenever that term is used anywhere in this Act.

14 (A) Institution of Elementary, Secondary, or Higher

15 Education. "Institution of elementary, secondary, or higher

16 education" means: (1) a publicly or privately operated

17 university, college, community college, junior college,

18 business or vocational school, or other educational

19 institution offering degrees and instruction beyond the

20 secondary school level; or (2) a publicly or privately

21 operated elementary school or secondary school.

22 (B) Degree. "Degree" means: (1) a designation,

23 appellation, series of letters or words or other symbols which

24 signifies or purports to signify that the recipient thereof

25 has satisfactorily completed an organized academic, business

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1 or vocational program of study offered beyond the secondary

2 school level; or (2) a designation signifying that the

3 recipient has graduated from an elementary school or secondary

4 school.

5 (C) Student. "Student" means any individual admitted to or

6 applying for admission to an institution of elementary,

7 secondary, or higher education, or enrolled on a full or part

8 time basis in a course or program of academic, business or

9 vocational instruction offered by or through an institution of

10 elementary, secondary, or higher education.

11 (D) Elementary, Secondary, or Higher Education

12 Representative. "Elementary, secondary, or higher education

13 representative" means and includes the president, chancellor

14 or other holder of any executive office on the administrative

15 staff of an institution of higher education, an administrator

16 of an elementary school or secondary school, a member of the

17 faculty of an institution of higher education, including but

18 not limited to a dean or associate or assistant dean, a

19 professor or associate or assistant professor, and a full or

20 part time instructor or visiting professor, including a

21 graduate assistant or other student who is employed on a

22 temporary basis of less than full time as a teacher or

23 instructor of any course or program of academic, business or

24 vocational instruction offered by or through an institution of

25 higher education, and any teacher, instructor, or other

26 employee of an elementary school or secondary school.

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1 (E) Sexual Harassment in Elementary, Secondary, and Higher

2 Education. "Sexual harassment in elementary, secondary, and

3 higher education" means any unwelcome sexual advances or

4 requests for sexual favors made by an elementary, secondary,

5 or higher education representative to a student, or any

6 conduct of a sexual nature exhibited by an elementary,

7 secondary, or higher education representative toward a

8 student, when such conduct has the purpose of substantially

9 interfering with the student's educational performance or

10 creating an intimidating, hostile or offensive educational

11 environment; or when the elementary, secondary, or higher

12 education representative either explicitly or implicitly makes

13 the student's submission to such conduct a term or condition

14 of, or uses the student's submission to or rejection of such

15 conduct as a basis for determining:

16 (1) Whether the student will be admitted to an

17 institution of elementary, secondary, or higher education;

18 (2) The educational performance required or expected

19 of the student;

20 (3) The attendance or assignment requirements

21 applicable to the student;

22 (4) To what courses, fields of study or programs,

23 including honors and graduate programs, the student will

24 be admitted;

25 (5) What placement or course proficiency requirements

26 are applicable to the student;

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1 (6) The quality of instruction the student will

2 receive;

3 (7) What tuition or fee requirements are applicable to

4 the student;

5 (8) What scholarship opportunities are available to

6 the student;

7 (9) What extracurricular teams the student will be a

8 member of or in what extracurricular competitions the

9 student will participate;

10 (10) Any grade the student will receive in any

11 examination or in any course or program of instruction in

12 which the student is enrolled;

13 (11) The progress of the student toward successful

14 completion of or graduation from any course or program of

15 instruction in which the student is enrolled; or

16 (12) What degree, if any, the student will receive.

17 (F) Harassment in Elementary, Secondary, or Higher

18 Education. "Harassment in elementary, secondary, or higher

19 education" means any unwelcome conduct on the basis of an

20 individual's actual or perceived race, color, religion,

21 national origin, ancestry, age, sex, marital status, order of

22 protection status, disability, military status, sexual

23 orientation, pregnancy, unfavorable discharge from military

24 service, citizenship status, or work authorization status that

25 has the purpose or effect of substantially interfering with

26 the individual's academic performance or creating an

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1 intimidating, hostile, or offensive academic environment. For

2 purposes of this definition, the phrase "academic environment"

3 is not limited to a physical location that an employee is

4 assigned to in order to perform his or her duties.

5 (Source: P.A. 96-1319, eff. 7-27-10.)

6 (775 ILCS 5/5A-102) (from Ch. 68, par. 5A-102)

7 Sec. 5A-102. Civil Rights Violations-Elementary,

8 Secondary, and Higher Education. It is a civil rights

9 violation:

10 (A) Sexual Harassment-Elementary ~~Elementary~~, Secondary, or

11 Higher Education Representative. For any elementary,

12 secondary, or higher education representative to commit or

13 engage in sexual harassment in elementary, secondary, or

14 higher education.

15 (B) Sexual Harassment-Institution ~~Institution~~ of

16 Elementary, Secondary, or Higher Education. For any

17 institution of elementary, secondary, or higher education to

18 fail to take remedial action, or to fail to take appropriate

19 disciplinary action against an elementary, secondary, or

20 higher education representative employed by such institution,

21 when such institution knows that such elementary, secondary,

22 or higher education representative was committing or engaging

23 in or committed or engaged in sexual harassment in elementary,

24 secondary, or higher education.

25 (C) Harassment-Elementary, Secondary, or Higher Education

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1 Representative. For any elementary, secondary, or higher

2 education representative to commit or engage in harassment in

3 elementary, secondary, or higher education.

4 (D) Harassment-Institution of Elementary, Secondary, or

5 Higher Education. For any institution of elementary,

6 secondary, or higher education to fail to take remedial action

7 or to fail to take appropriate disciplinary action against a

8 student or an elementary, secondary, or higher education

9 representative employed by the institution if the institution

10 knows that the student or elementary, secondary, or higher

11 education representative was committing or engaging in or

12 committed or engaged in harassment in elementary, secondary,

13 or higher education.

14 (Source: P.A. 96-574, eff. 8-18-09; 96-1319, eff. 7-27-10.)

15 (775 ILCS 5/5A-103 new)

16 Sec. 5A-103. Race-related discrimination and harassment.

17 (a) The General Assembly finds that the organizational

18 tolerance of race-related harassment and discrimination has a

19 detrimental influence in schools, contributing to

20 psychological and physical harm, substance abuse, and poorer

21 academic outcomes for students of color and higher rates of

22 teacher turnover among teachers of color. The General Assembly

23 further finds that incidents of race-related harassment and

24 discrimination have increased significantly, with students of

25 color experiencing, on average, as many as 5 incidents of

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1 racism a day. It is the General Assembly's intent that each

2 institution of elementary, secondary, or higher education in

3 this State adopt and actively implement policies to reduce

4 race-related harassment and discrimination; to ensure

5 students, parents or guardians, and employees know how to

6 recognize and report harassment; and to ensure institutions

7 are safe for students, parents or guardians, and employees to

8 report race-related harassment and discrimination without fear

9 of retaliation, loss of status, or loss of opportunities.

10 (b) Each institution of elementary, secondary, or higher

11 education to which this Act applies shall establish,

12 implement, and maintain a continuing race-related

13 discrimination and harassment program that shall include all

14 of the following:

15 (1) The development of a written policy on

16 race-related discrimination and harassment that includes,

17 at a minimum, the following information:

18 (A) the illegality of unlawful discrimination and

19 of harassment in elementary, secondary, or higher

20 education;

21 (B) the definitions of unlawful discrimination and

22 of harassment in elementary, secondary, or higher

23 education under this Act;

24 (C) the illegality of criteria or methods of

25 administration that have the effect of subjecting

26 individuals to discrimination because of their race,

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1 color, national origin, or gender, as described in the

2 Illinois Civil Rights Act of 2003;

3 (D) descriptions of various forms of harassment

4 and discrimination related to race, including, but not

5 limited to, microaggressions, derogatory cultural

6 appropriation, and discrimination based on disparate

7 impact, utilizing examples;

8 (E) the institution's internal complaint process,

9 including penalties;

10 (F) the legal recourse, investigative, and

11 complaint process available through the Department and

12 the Commission and through federal agencies;

13 (G) directions on how to contact the Department

14 and Commission; and

15 (H) protection against retaliation as provided in

16 Section 6-101 of this Act.

17 This policy may be included as part of a broader

18 anti-harassment or anti-discrimination policy provided it

19 is distinguished with an appropriate title, heading, or

20 label. The policy shall be reviewed annually.

21 (2) The posting, in a prominent and accessible

22 location, and distribution, in a manner to ensure notice

23 to all employees without exception, of the institution's

24 policy described in paragraph (1). Such documents may

25 meet, but shall not exceed, a sixth-grade literacy level.

26 Distribution shall be effectuated within 90 days after the

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1 effective date of this amendatory Act of the 103rd General

2 Assembly and shall occur annually thereafter.

3 (3) Distribution of the institution's policy described

4 in paragraph (1) on the institution's Internet website, in

5 a student handbook if one exists, and in a posting where

6 other policies, rules, and standards of conduct are

7 posted, if applicable, periodically throughout the school

8 year to students and faculty, and an annual distribution

9 of a summary of the policy in accessible, age-appropriate

10 language to students and to the parents or guardians of

11 minor students.

12 (4) Training on the prevention of race-related

13 discrimination and harassment and the institution's policy

14 described in paragraph (1) as a component of all ongoing

15 or new employee training programs for elementary,

16 secondary, or higher education representatives. The

17 training must regard participants as potential bystanders,

18 rather than potential offenders; provide participants with

19 criteria for identifying racial harassment; and include

20 all of the elements required to be included in the policy

21 described in paragraph (1).

22 (c) In the creation and implementation of policies and

23 procedures to prevent and address race-related discrimination

24 and harassment, institutions of elementary, secondary, or

25 higher education:

26 (1) shall reduce or remove, to the extent practicable,

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1 barriers to student reporting of race-related

2 discrimination and harassment in order to minimize the

3 burden on students who wish to report harassment;

4 (2) shall permit any person who reports a violation or

5 any victim of a civil rights violation to be accompanied

6 by an advisor of the person's choice when making a report

7 and in subsequent interactions with elementary, secondary,

8 or higher education representatives who are investigating

9 or taking action as a result of a report;

10 (3) shall provide a procedure for anonymous reporting;

11 however, this paragraph(3) may not be construed to permit

12 formal disciplinary action solely on the basis of an

13 anonymous report;

14 (4) shall differentiate interventions based on whether

15 the offender is a minor or an adult, on whether the

16 offender is a student or an elementary, secondary, or

17 higher education representative, and on the severity and

18 pervasiveness of the offense. For students and minors,

19 interventions may include, but are not limited to, school

20 social work services, restorative measures, schedule

21 changes or class reassignment, social-emotional skill

22 building, education about diversity or implicit bias,

23 counseling, school psychological services,

24 community-based services, suspension, or expulsion. For

25 elementary, secondary, or higher education

26 representatives, interventions may include, but are not

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1 limited to, restorative measures, social-emotional skill

2 building, additional training concerning diversity or

3 implicit bias, counseling, suspension, demotion, or

4 dismissal;

5 (5) may offer a person who reports a civil rights

6 violation the option to pursue reconciliation with the

7 offender but may not require or unduly influence that

8 person to pursue such reconciliation; and

9 (6) may not cause a victim of a civil rights violation

10 to suffer adverse consequences as a result of a report of,

11 investigation of, or response to that violation,

12 including, but not limited to, being reassigned to a less

13 rigorous academic course of study, being forced to take

14 paid or unpaid leave, being demoted or denied promotion or

15 additional titles, or being otherwise disciplined. This

16 protection may not permit victims to engage in retaliation

17 against the offender or limit an institution of

18 elementary, secondary, or higher education from applying

19 disciplinary measures in response to other acts or conduct

20 not related to the process of reporting, investigating, or

21 responding to a civil rights violation.

22 (d) The Department shall produce a model race-related

23 discrimination and harassment prevention training program

24 aimed at the prevention of race-related discrimination and

25 harassment in schools. The model program shall be made

26 available to institutions of elementary, secondary, or higher

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1 education and to the public online at no cost. This model

2 program shall meet the requirements of paragraph (4) of

3 subsection (b).

4 (e) Each institution of elementary, secondary, or higher

5 education shall annually submit a report to the Department

6 that includes the current policy on race-related

7 discrimination and harassment described in paragraph (1) of

8 subsection (b), the number of reports of race-related

9 discrimination and harassment received in the preceding

10 academic year; the type or types of race-related

11 discrimination and harassment included in each report as

12 described in this Act; and the outcome of each report,

13 including the response taken to address or prevent harassment,

14 if applicable. This annual report may not include any

15 information that personally identifies any individual or group

16 of individuals. The Department shall provide a standard format

17 for reporting to all institutions of elementary, secondary, or

18 higher education, which may be made in combination with the

19 reporting required for public institutions of higher education

20 under paragraph (2) of subsection (a) of Section 9.21 of the

21 Board of Higher Education Act.

22 (f) Upon notification of a failure to establish,

23 implement, or maintain a continuing race-related

24 discrimination and harassment program as set forth in

25 subsection (b), the Department may launch a preliminary

26 investigation. If the Department finds a failure to conform to

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1 the requirements of subsection (b), the Department may issue a

2 notice to show cause, giving the institution 30 days to

3 correct the failure to conform. If the failure to conform is

4 not corrected, the Department may initiate a charge of a civil

5 rights violation.

6 (775 ILCS 5/6-101) (from Ch. 68, par. 6-101)

7 Sec. 6-101. Additional civil rights violations under

8 Articles 2, 4, 5, and 5A. It is a civil rights violation for a

9 person, or for 2 or more persons, to conspire to:

10 (A) Retaliation. Retaliate against a person because he

11 or she has opposed that which he or she reasonably and in

12 good faith believes to be unlawful discrimination,

13 harassment, harassment in elementary, secondary, or higher

14 education,sexual harassment in employment, sexual

15 harassment in elementary, secondary, and higher education,

16 or discrimination based on arrest record, citizenship

17 status, or work authorization status in employment under

18 Articles 2, 4, 5, and 5A, because he or she has made a

19 charge, filed a complaint, testified, assisted, or

20 participated in an investigation, proceeding, or hearing

21 under this Act, or because he or she has requested,

22 attempted to request, used, or attempted to use a

23 reasonable accommodation as allowed by this Act;

24 (B) Aiding and Abetting; Coercion. Aid, abet, compel,

25 or coerce a person to commit any violation of this Act;

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1 (C) Interference. Wilfully interfere with the

2 performance of a duty or the exercise of a power by the

3 Commission or one of its members or representatives or the

4 Department or one of its officers or employees.

5 Definitions. For the purposes of this Section, "sexual

6 harassment", "citizenship status", and "work authorization

7 status" shall have the same meaning as defined in Section

8 2-101 of this Act.

9 (Source: P.A. 102-233, eff. 8-2-21; 102-362, eff. 1-1-22;

10 102-813, eff. 5-13-22.)

11 Section 95. No acceleration or delay. Where this Act makes

12 changes in a statute that is represented in this Act by text

13 that is not yet or no longer in effect (for example, a Section

14 represented by multiple versions), the use of that text does

15 not accelerate or delay the taking effect of (i) the changes

16 made by this Act or (ii) provisions derived from any other

17 Public Act.

18 Section 99. Effective date. This Act takes effect August

19 1, 2024.

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INDEX

Statutes amended in order of appearance