Bill Text: IL SB0090 | 2023-2024 | 103rd General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the School Code. Reinserts the contents of Senate Amendment No. 2 with the following changes. Makes changes concerning the data collection requirements required by the amendatory provisions of the School Code. Makes changes to certain references to specify that the violations to be reported are violations of discrimination, harassment, or retaliation. Provides that the State Board of Education may (instead of shall) adopt any rules deemed necessary. In provisions concerning the policy on discrimination in the School Code, makes changes concerning what the written policy shall contain. Changes references to "discrimination, harassment, and retaliation based on race, color, or national origin" to "discrimination and harassment based on race, color, or national origin, and retaliation". Removes references specifying that only students may report discrimination and harassment based on race, color, or national origin, and retaliation. Makes changes concerning the procedures for responding to a complaint of discrimination and harassment based on race, color, or national origin, and retaliation. In provisions amending the Illinois Human Rights Act, removes specified changes concerning the public policy of the State regarding discrimination and sexual harassment. Makes changes concerning a failure to report harassment. Sets out exemptions for the harassment provisions. Makes changes concerning the model training program the Department of Human Rights shall produce. Corrects typographical errors. Makes other changes. Effective August 1, 2024.

Spectrum: Partisan Bill (Democrat 62-0)

Status: (Passed) 2023-08-04 - Public Act . . . . . . . . . 103-0472 [SB0090 Detail]

Download: Illinois-2023-SB0090-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB0090 Introduced 1/20/2023, by Sen. Laura M. Murphy 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
SB0090 LRB103 05472 RJT 50491 b
AN ACT concerning education.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. This Act may be referred to as the Racism-Free
Schools Law.
Section 5. The School Code is amended by changing Sections
10-20.69, 27-23.7, 27A-5, and 34-18.62 as follows:
(105 ILCS 5/10-20.69)
Sec. 10-20.69. Policies Policy on sexual harassment and
discrimination.
(a) Each school district must create, maintain, and
implement an age-appropriate policy on sexual harassment that
must be posted on the school district's website and, if
applicable, any other area where policies, rules, and
standards of conduct are currently posted in each school and
must also be included in the school district's student code of
conduct handbook.
(b) Each school district must create, implement, and
maintain an age-appropriate policy on race-related harassment
and discrimination. This policy must be in compliance with and
distributed in accordance with Section 5A-103 of the Illinois
Human Rights Act.

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(Source: P.A. 101-418, eff. 1-1-20; 102-558, eff. 8-20-21.)
(105 ILCS 5/27-23.7)
Sec. 27-23.7. Bullying prevention.
(a) The General Assembly finds that a safe and civil
school environment is necessary for students to learn and
achieve and that bullying causes physical, psychological, and
emotional harm to students and interferes with students'
ability to learn and participate in school activities. The
General Assembly further finds that bullying has been linked
to other forms of antisocial behavior, such as vandalism,
shoplifting, skipping and dropping out of school, fighting,
using drugs and alcohol, sexual harassment, and sexual
violence. Because of the negative outcomes associated with
bullying in schools, the General Assembly finds that school
districts, charter schools, and non-public, non-sectarian
elementary and secondary schools should educate students,
parents, and school district, charter school, or non-public,
non-sectarian elementary or secondary school personnel about
what behaviors constitute prohibited bullying.
Bullying on the basis of actual or perceived race, color,
religion, sex, national origin, ancestry, age, marital status,
physical or mental disability, military status, sexual
orientation, gender-related identity or expression,
unfavorable discharge from military service, association with
a person or group with one or more of the aforementioned actual

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or perceived characteristics, or any other distinguishing
characteristic is prohibited in all school districts, charter
schools, and non-public, non-sectarian elementary and
secondary schools. No student shall be subjected to bullying:
(1) during any school-sponsored education program or
activity;
(2) while in school, on school property, on school
buses or other school vehicles, at designated school bus
stops waiting for the school bus, or at school-sponsored
or school-sanctioned events or activities;
(3) through the transmission of information from a
school computer, a school computer network, or other
similar electronic school equipment; or
(4) through the transmission of information from a
computer that is accessed at a nonschool-related location,
activity, function, or program or from the use of
technology or an electronic device that is not owned,
leased, or used by a school district or school if the
bullying causes a substantial disruption to the
educational process or orderly operation of a school. This
item (4) applies only in cases in which a school
administrator or teacher receives a report that bullying
through this means has occurred and does not require a
district or school to staff or monitor any
nonschool-related activity, function, or program.
(a-5) Nothing in this Section is intended to infringe upon

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any right to exercise free expression or the free exercise of
religion or religiously based views protected under the First
Amendment to the United States Constitution or under Section 3
of Article I of the Illinois Constitution.
(b) In this Section:
"Bullying" includes "cyber-bullying" and means any severe
or pervasive physical or verbal act or conduct, including
communications made in writing or electronically, directed
toward a student or students that has or can be reasonably
predicted to have the effect of one or more of the following:
(1) placing the student or students in reasonable fear
of harm to the student's or students' person or property;
(2) causing a substantially detrimental effect on the
student's or students' physical or mental health;
(3) substantially interfering with the student's or
students' academic performance; or
(4) substantially interfering with the student's or
students' ability to participate in or benefit from the
services, activities, or privileges provided by a school.
Bullying, as defined in this subsection (b), may take
various forms, including without limitation one or more of the
following: harassment, threats, intimidation, stalking,
physical violence, sexual harassment, sexual violence, racial
harassment, racial violence, theft, public humiliation,
destruction of property, or retaliation for asserting or
alleging an act of bullying. This list is meant to be

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illustrative and non-exhaustive.
"Cyber-bullying" means bullying through the use of
technology or any electronic communication, including without
limitation any transfer of signs, signals, writing, images,
sounds, data, or intelligence of any nature transmitted in
whole or in part by a wire, radio, electromagnetic system,
photoelectronic system, or photooptical system, including
without limitation electronic mail, Internet communications,
instant messages, or facsimile communications.
"Cyber-bullying" includes the creation of a webpage or weblog
in which the creator assumes the identity of another person or
the knowing impersonation of another person as the author of
posted content or messages if the creation or impersonation
creates any of the effects enumerated in the definition of
bullying in this Section. "Cyber-bullying" also includes the
distribution by electronic means of a communication to more
than one person or the posting of material on an electronic
medium that may be accessed by one or more persons if the
distribution or posting creates any of the effects enumerated
in the definition of bullying in this Section.
"Policy on bullying" means a bullying prevention policy
that meets the following criteria:
(1) Includes the bullying definition provided in this
Section.
(1.5) Includes age-appropriate information about the
definitions of harassment in elementary, secondary, or

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higher education and sexual harassment in elementary,
secondary, or higher education in accordance with the
Illinois Human Rights Act.
(1.10) Includes procedures for reporting harassment to
school, State, and federal officials and the protections
and relief available to victims of harassment under
Articles 7A and 8A of the Illinois Human Rights Act and any
other applicable State and federal laws.
(2) Includes a statement that bullying is contrary to
State law and the policy of the school district, charter
school, or non-public, non-sectarian elementary or
secondary school and is consistent with subsection (a-5)
of this Section.
(3) Includes procedures for promptly reporting
bullying, including, but not limited to, identifying and
providing the school e-mail address (if applicable) and
school telephone number for the staff person or persons
responsible for receiving such reports and a procedure for
anonymous reporting; however, this shall not be construed
to permit formal disciplinary action solely on the basis
of an anonymous report.
(4) Consistent with federal and State laws and rules
governing student privacy rights, includes procedures for
promptly informing parents or guardians of all students
involved in the alleged incident of bullying and
discussing, as appropriate, the availability of social

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work services, counseling, school psychological services,
other interventions, and restorative measures.
(5) Contains procedures for promptly investigating and
addressing reports of bullying, including the following:
(A) Making all reasonable efforts to complete the
investigation within 10 school days after the date the
report of the incident of bullying was received and
taking into consideration additional relevant
information received during the course of the
investigation about the reported incident of bullying.
(B) Involving appropriate school support personnel
and other staff persons with knowledge, experience,
and training on bullying prevention, as deemed
appropriate, in the investigation process and
including one or more persons designated by the school
with the appropriate knowledge, experience, or
training to identify harassment and the authority to
implement appropriate procedures and protections in
cases of harassment.
(C) Notifying the principal or school
administrator or his or her designee of the report of
the incident of bullying as soon as possible after the
report is received.
(D) Consistent with federal and State laws and
rules governing student privacy rights, providing
parents and guardians of the students who are parties

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to the investigation information about the
investigation and an opportunity to meet with the
principal or school administrator or his or her
designee to discuss the investigation, the findings of
the investigation, and the actions taken to address
the reported incident of bullying.
(6) Includes the interventions that can be taken to
address bullying, which may include, but are not limited
to, school social work services, restorative measures,
social-emotional skill building, counseling, school
psychological services, and community-based services.
(7) Includes a statement prohibiting reprisal or
retaliation against any person who reports an act of
bullying and the consequences and appropriate remedial
actions for a person who engages in reprisal or
retaliation.
(8) Includes consequences and appropriate remedial
actions for a person found to have falsely accused another
of bullying as a means of retaliation or as a means of
bullying.
(9) Is based on the engagement of a range of school
stakeholders, including students and parents or guardians.
(10) Is posted on the school district's, charter
school's, or non-public, non-sectarian elementary or
secondary school's existing Internet website, is included
in the student handbook, and, where applicable, posted

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where other policies, rules, and standards of conduct are
currently posted in the school and provided periodically
throughout the school year to students and faculty, and is
distributed annually to parents, guardians, students, and
school personnel, including new employees when hired.
(11) As part of the process of reviewing and
re-evaluating the policy under subsection (d) of this
Section, contains a policy evaluation process to assess
the outcomes and effectiveness of the policy that
includes, but is not limited to, factors such as the
frequency of victimization; the number and percentages of
bullying incidents that also constitute harassment in
elementary, secondary, or higher education under the
Illinois Human Rights Act; student, staff, and family
observations of safety at a school; identification of
areas of a school where bullying occurs; the types of
bullying utilized; and bystander intervention or
participation. The school district, charter school, or
non-public, non-sectarian elementary or secondary school
may use relevant data and information it already collects
for other purposes in the policy evaluation. The
information developed as a result of the policy evaluation
must be made available on the Internet website of the
school district, charter school, or non-public,
non-sectarian elementary or secondary school. If an
Internet website is not available, the information must be

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provided to school administrators, school board members,
school personnel, parents, guardians, and students.
(12) Is consistent with the policies of the school
board, charter school, or non-public, non-sectarian
elementary or secondary school.
"Restorative measures" means a continuum of school-based
alternatives to exclusionary discipline, such as suspensions
and expulsions, that: (i) are adapted to the particular needs
of the school and community, (ii) contribute to maintaining
school safety, (iii) protect the integrity of a positive and
productive learning climate, (iv) teach students the personal
and interpersonal skills they will need to be successful in
school and society, (v) serve to build and restore
relationships among students, families, schools, and
communities, (vi) reduce the likelihood of future disruption
by balancing accountability with an understanding of students'
behavioral health needs in order to keep students in school,
and (vii) increase student accountability if the incident of
bullying is based on religion, race, ethnicity, or any other
category that is identified in the Illinois Human Rights Act.
"School personnel" means persons employed by, on contract
with, or who volunteer in a school district, charter school,
or non-public, non-sectarian elementary or secondary school,
including without limitation school and school district
administrators, teachers, school social workers, school
counselors, school psychologists, school nurses, cafeteria

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workers, custodians, bus drivers, school resource officers,
and security guards.
(c) (Blank).
(d) Each school district, charter school, and non-public,
non-sectarian elementary or secondary school shall create,
maintain, and implement a policy on bullying, which policy
must be filed with the State Board of Education. The policy or
implementing procedure shall include a process to investigate
whether a reported act of bullying is within the permissible
scope of the district's or school's jurisdiction and whether
the reported act of bullying meets the threshold for
harassment in elementary, secondary, or higher education under
the Illinois Human Rights Act and shall require that the
district or school provide the victim with information
regarding services that are available within the district and
community, such as counseling, support services, and other
programs, and the protections and relief available under
Articles 7A and 8A of the Illinois Human Rights Act in cases in
which the reported act of bullying meets the threshold for
harassment in elementary, secondary, or higher education under
the Illinois Human Rights Act. School personnel available for
help with a bully or to make a report about bullying shall be
made known to parents or legal guardians, students, and school
personnel. Every 2 years, each school district, charter
school, and non-public, non-sectarian elementary or secondary
school shall conduct a review and re-evaluation of its policy

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and make any necessary and appropriate revisions, including
revisions that prevent harassment if appropriate. No later
than September 30 of the subject year, the policy must be filed
with the State Board of Education after being updated. The
State Board of Education shall monitor and provide technical
support for the implementation of policies created under this
subsection (d). In monitoring the implementation of the
policies, the State Board of Education shall review each filed
policy on bullying to ensure all policies meet the
requirements set forth in this Section, including ensuring
that each policy meets the 12 criterion identified within the
definition of "policy on bullying" set forth in this Section.
If a school district, charter school, or non-public,
non-sectarian elementary or secondary school fails to file a
policy on bullying by September 30 of the subject year, the
State Board of Education shall provide a written request for
filing to the school district, charter school, or non-public,
non-sectarian elementary or secondary school. If a school
district, charter school, or non-public, non-sectarian
elementary or secondary school fails to file a policy on
bullying within 14 days of receipt of the aforementioned
written request, the State Board of Education shall publish
notice of the non-compliance on the State Board of Education's
website.
(e) This Section shall not be interpreted to prevent a
victim from seeking redress under any other available civil or

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criminal law.
(Source: P.A. 102-197, eff. 7-30-21; 102-241, eff. 8-3-21;
102-813, eff. 5-13-22; 102-894, eff. 5-20-22.)
(105 ILCS 5/27A-5)
(Text of Section before amendment by P.A. 102-466 and
102-702)
Sec. 27A-5. Charter school; legal entity; requirements.
(a) A charter school shall be a public, nonsectarian,
nonreligious, non-home based, and non-profit school. A charter
school shall be organized and operated as a nonprofit
corporation or other discrete, legal, nonprofit entity
authorized under the laws of the State of Illinois.
(b) A charter school may be established under this Article
by creating a new school or by converting an existing public
school or attendance center to charter school status.
Beginning on April 16, 2003 (the effective date of Public Act
93-3), in all new applications to establish a charter school
in a city having a population exceeding 500,000, operation of
the charter school shall be limited to one campus. The changes
made to this Section by Public Act 93-3 do not apply to charter
schools existing or approved on or before April 16, 2003 (the
effective date of Public Act 93-3).
(b-5) In this subsection (b-5), "virtual-schooling" means
a cyber school where students engage in online curriculum and
instruction via the Internet and electronic communication with

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their teachers at remote locations and with students
participating at different times.
From April 1, 2013 through December 31, 2016, there is a
moratorium on the establishment of charter schools with
virtual-schooling components in school districts other than a
school district organized under Article 34 of this Code. This
moratorium does not apply to a charter school with
virtual-schooling components existing or approved prior to
April 1, 2013 or to the renewal of the charter of a charter
school with virtual-schooling components already approved
prior to April 1, 2013.
(c) A charter school shall be administered and governed by
its board of directors or other governing body in the manner
provided in its charter. The governing body of a charter
school shall be subject to the Freedom of Information Act and
the Open Meetings Act. No later than January 1, 2021 (one year
after the effective date of Public Act 101-291), a charter
school's board of directors or other governing body must
include at least one parent or guardian of a pupil currently
enrolled in the charter school who may be selected through the
charter school or a charter network election, appointment by
the charter school's board of directors or other governing
body, or by the charter school's Parent Teacher Organization
or its equivalent.
(c-5) No later than January 1, 2021 (one year after the
effective date of Public Act 101-291) or within the first year

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

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Board has established goals and learning standards or which is
designed primarily to impart knowledge and skills for students
to master and apply as an outcome of their education.
A charter school shall comply with all non-curricular
health and safety requirements applicable to public schools
under the laws of the State of Illinois. On or before September
1, 2015, the State Board shall promulgate and post on its
Internet website a list of non-curricular health and safety
requirements that a charter school must meet. The list shall
be updated annually no later than September 1. Any charter
contract between a charter school and its authorizer must
contain a provision that requires the charter school to follow
the list of all non-curricular health and safety requirements
promulgated by the State Board and any non-curricular health
and safety requirements added by the State Board to such list
during the term of the charter. Nothing in this subsection (d)
precludes an authorizer from including non-curricular health
and safety requirements in a charter school contract that are
not contained in the list promulgated by the State Board,
including non-curricular health and safety requirements of the
authorizing local school board.
(e) Except as otherwise provided in the School Code, a
charter school shall not charge tuition; provided that a
charter school may charge reasonable fees for textbooks,
instructional materials, and student activities.
(f) A charter school shall be responsible for the

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management and operation of its fiscal affairs, including, but
not limited to, the preparation of its budget. An audit of each
charter school's finances shall be conducted annually by an
outside, independent contractor retained by the charter
school. The contractor shall not be an employee of the charter
school or affiliated with the charter school or its authorizer
in any way, other than to audit the charter school's finances.
To ensure financial accountability for the use of public
funds, on or before December 1 of every year of operation, each
charter school shall submit to its authorizer and the State
Board a copy of its audit and a copy of the Form 990 the
charter school filed that year with the federal Internal
Revenue Service. In addition, if deemed necessary for proper
financial oversight of the charter school, an authorizer may
require quarterly financial statements from each charter
school.
(g) A charter school shall comply with all provisions of
this Article, the Illinois Educational Labor Relations Act,
all federal and State laws and rules applicable to public
schools that pertain to special education and the instruction
of English learners, and its charter. A charter school is
exempt from all other State laws and regulations in this Code
governing public schools and local school board policies;
however, a charter school is not exempt from the following:
(1) Sections 10-21.9 and 34-18.5 of this Code
regarding criminal history records checks and checks of

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

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(16) Sections 24-12 and 34-85 of this Code;
(17) the Seizure Smart School Act;
(18) Section 2-3.64a-10 of this Code;
(19) Sections 10-20.73 and 34-21.9 of this Code;
(20) Section 10-22.25b of this Code;
(21) Section 27-9.1a of this Code;
(22) Section 27-9.1b of this Code;
(23) Section 34-18.8 of this Code;
(25) Section 2-3.188 of this Code;
(26) Section 22-85.5 of this Code;
(27) subsections Subsections (d-10), (d-15), and
(d-20) of Section 10-20.56 of this Code; and
(28) Sections 10-20.83 and 34-18.78 of this Code; .
(29) (27) Section 10-20.13 of this Code;
(30) (28) Section 28-19.2 of this Code; and
(31) (29) Section 34-21.6 of this Code; and .
(33) Sections 10-20.69 and 34-18.62 of this Code.
The change made by Public Act 96-104 to this subsection
(g) is declaratory of existing law.
(h) A charter school may negotiate and contract with a
school district, the governing body of a State college or
university or public community college, or any other public or
for-profit or nonprofit private entity for: (i) the use of a
school building and grounds or any other real property or
facilities that the charter school desires to use or convert
for use as a charter school site, (ii) the operation and

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maintenance thereof, and (iii) the provision of any service,
activity, or undertaking that the charter school is required
to perform in order to carry out the terms of its charter.
However, a charter school that is established on or after
April 16, 2003 (the effective date of Public Act 93-3) and that
operates in a city having a population exceeding 500,000 may
not contract with a for-profit entity to manage or operate the
school during the period that commences on April 16, 2003 (the
effective date of Public Act 93-3) and concludes at the end of
the 2004-2005 school year. Except as provided in subsection
(i) of this Section, a school district may charge a charter
school reasonable rent for the use of the district's
buildings, grounds, and facilities. Any services for which a
charter school contracts with a school district shall be
provided by the district at cost. Any services for which a
charter school contracts with a local school board or with the
governing body of a State college or university or public
community college shall be provided by the public entity at
cost.
(i) In no event shall a charter school that is established
by converting an existing school or attendance center to
charter school status be required to pay rent for space that is
deemed available, as negotiated and provided in the charter
agreement, in school district facilities. However, all other
costs for the operation and maintenance of school district
facilities that are used by the charter school shall be

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subject to negotiation between the charter school and the
local school board and shall be set forth in the charter.
(j) A charter school may limit student enrollment by age
or grade level.
(k) If the charter school is approved by the State Board or
Commission, then the charter school is its own local education
agency.
(Source: P.A. 101-50, eff. 7-1-20; 101-81, eff. 7-12-19;
101-291, eff. 1-1-20; 101-531, eff. 8-23-19; 101-543, eff.
8-23-19; 101-654, eff. 3-8-21; 102-51, eff. 7-9-21; 102-157,
eff. 7-1-22; 102-360, eff. 1-1-22; 102-445, eff. 8-20-21;
102-522, eff. 8-20-21; 102-558, eff. 8-20-21; 102-676, eff.
12-3-21; 102-697, eff. 4-5-22; 102-805, eff. 1-1-23; 102-813,
eff. 5-13-22; revised 12-13-22.)
(Text of Section after amendment by P.A. 102-702 but
before amendment by P.A. 102-466)
Sec. 27A-5. Charter school; legal entity; requirements.
(a) A charter school shall be a public, nonsectarian,
nonreligious, non-home based, and non-profit school. A charter
school shall be organized and operated as a nonprofit
corporation or other discrete, legal, nonprofit entity
authorized under the laws of the State of Illinois.
(b) A charter school may be established under this Article
by creating a new school or by converting an existing public
school or attendance center to charter school status.

SB0090 - 22 - LRB103 05472 RJT 50491 b
Beginning on April 16, 2003 (the effective date of Public Act
93-3), in all new applications to establish a charter school
in a city having a population exceeding 500,000, operation of
the charter school shall be limited to one campus. The changes
made to this Section by Public Act 93-3 do not apply to charter
schools existing or approved on or before April 16, 2003 (the
effective date of Public Act 93-3).
(b-5) In this subsection (b-5), "virtual-schooling" means
a cyber school where students engage in online curriculum and
instruction via the Internet and electronic communication with
their teachers at remote locations and with students
participating at different times.
From April 1, 2013 through December 31, 2016, there is a
moratorium on the establishment of charter schools with
virtual-schooling components in school districts other than a
school district organized under Article 34 of this Code. This
moratorium does not apply to a charter school with
virtual-schooling components existing or approved prior to
April 1, 2013 or to the renewal of the charter of a charter
school with virtual-schooling components already approved
prior to April 1, 2013.
(c) A charter school shall be administered and governed by
its board of directors or other governing body in the manner
provided in its charter. The governing body of a charter
school shall be subject to the Freedom of Information Act and
the Open Meetings Act. No later than January 1, 2021 (one year

SB0090 - 23 - LRB103 05472 RJT 50491 b
after the effective date of Public Act 101-291), a charter
school's board of directors or other governing body must
include at least one parent or guardian of a pupil currently
enrolled in the charter school who may be selected through the
charter school or a charter network election, appointment by
the charter school's board of directors or other governing
body, or by the charter school's Parent Teacher Organization
or its equivalent.
(c-5) No later than January 1, 2021 (one year after the
effective date of Public Act 101-291) or within the first year
of his or her first term, every voting member of a charter
school's board of directors or other governing body shall
complete a minimum of 4 hours of professional development
leadership training to ensure that each member has sufficient
familiarity with the board's or governing body's role and
responsibilities, including financial oversight and
accountability of the school, evaluating the principal's and
school's performance, adherence to the Freedom of Information
Act and the Open Meetings Act, and compliance with education
and labor law. In each subsequent year of his or her term, a
voting member of a charter school's board of directors or
other governing body shall complete a minimum of 2 hours of
professional development training in these same areas. The
training under this subsection may be provided or certified by
a statewide charter school membership association or may be
provided or certified by other qualified providers approved by

SB0090 - 24 - LRB103 05472 RJT 50491 b
the State Board of Education.
(d) For purposes of this subsection (d), "non-curricular
health and safety requirement" means any health and safety
requirement created by statute or rule to provide, maintain,
preserve, or safeguard safe or healthful conditions for
students and school personnel or to eliminate, reduce, or
prevent threats to the health and safety of students and
school personnel. "Non-curricular health and safety
requirement" does not include any course of study or
specialized instructional requirement for which the State
Board has established goals and learning standards or which is
designed primarily to impart knowledge and skills for students
to master and apply as an outcome of their education.
A charter school shall comply with all non-curricular
health and safety requirements applicable to public schools
under the laws of the State of Illinois. On or before September
1, 2015, the State Board shall promulgate and post on its
Internet website a list of non-curricular health and safety
requirements that a charter school must meet. The list shall
be updated annually no later than September 1. Any charter
contract between a charter school and its authorizer must
contain a provision that requires the charter school to follow
the list of all non-curricular health and safety requirements
promulgated by the State Board and any non-curricular health
and safety requirements added by the State Board to such list
during the term of the charter. Nothing in this subsection (d)

SB0090 - 25 - LRB103 05472 RJT 50491 b
precludes an authorizer from including non-curricular health
and safety requirements in a charter school contract that are
not contained in the list promulgated by the State Board,
including non-curricular health and safety requirements of the
authorizing local school board.
(e) Except as otherwise provided in the School Code, a
charter school shall not charge tuition; provided that a
charter school may charge reasonable fees for textbooks,
instructional materials, and student activities.
(f) A charter school shall be responsible for the
management and operation of its fiscal affairs, including, but
not limited to, the preparation of its budget. An audit of each
charter school's finances shall be conducted annually by an
outside, independent contractor retained by the charter
school. The contractor shall not be an employee of the charter
school or affiliated with the charter school or its authorizer
in any way, other than to audit the charter school's finances.
To ensure financial accountability for the use of public
funds, on or before December 1 of every year of operation, each
charter school shall submit to its authorizer and the State
Board a copy of its audit and a copy of the Form 990 the
charter school filed that year with the federal Internal
Revenue Service. In addition, if deemed necessary for proper
financial oversight of the charter school, an authorizer may
require quarterly financial statements from each charter
school.

SB0090 - 26 - LRB103 05472 RJT 50491 b
(g) A charter school shall comply with all provisions of
this Article, the Illinois Educational Labor Relations Act,
all federal and State laws and rules applicable to public
schools that pertain to special education and the instruction
of English learners, and its charter. A charter school is
exempt from all other State laws and regulations in this Code
governing public schools and local school board policies;
however, a charter school is not exempt from the following:
(1) Sections 10-21.9 and 34-18.5 of this Code
regarding criminal history records checks and checks of
the Statewide Sex Offender Database and Statewide Murderer
and Violent Offender Against Youth Database of applicants
for employment;
(2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and
34-84a of this Code regarding discipline of students;
(3) the Local Governmental and Governmental Employees
Tort Immunity Act;
(4) Section 108.75 of the General Not For Profit
Corporation Act of 1986 regarding indemnification of
officers, directors, employees, and agents;
(5) the Abused and Neglected Child Reporting Act;
(5.5) subsection (b) of Section 10-23.12 and
subsection (b) of Section 34-18.6 of this Code;
(6) the Illinois School Student Records Act;
(7) Section 10-17a of this Code regarding school
report cards;

SB0090 - 27 - LRB103 05472 RJT 50491 b
(8) the P-20 Longitudinal Education Data System Act;
(9) Section 27-23.7 of this Code regarding bullying
prevention;
(10) Section 2-3.162 of this Code regarding student
discipline reporting;
(11) Sections 22-80 and 27-8.1 of this Code;
(12) Sections 10-20.60 and 34-18.53 of this Code;
(13) Sections 10-20.63 and 34-18.56 of this Code;
(14) Sections 22-90 and 26-18 of this Code;
(15) Section 22-30 of this Code;
(16) Sections 24-12 and 34-85 of this Code;
(17) the Seizure Smart School Act;
(18) Section 2-3.64a-10 of this Code;
(19) Sections 10-20.73 and 34-21.9 of this Code;
(20) Section 10-22.25b of this Code;
(21) Section 27-9.1a of this Code;
(22) Section 27-9.1b of this Code;
(23) Section 34-18.8 of this Code; and
(25) Section 2-3.188 of this Code;
(26) Section 22-85.5 of this Code;
(27) subsections Subsections (d-10), (d-15), and
(d-20) of Section 10-20.56 of this Code; and
(28) Sections 10-20.83 and 34-18.78 of this Code; .
(29) (27) Section 10-20.13 of this Code;
(30) (28) Section 28-19.2 of this Code; and
(31) (29) Section 34-21.6 of this Code; .

SB0090 - 28 - LRB103 05472 RJT 50491 b
(32) (25) Section 22-85.10 of this Code; and .
(33) Sections 10-20.69 and 34-18.62 of this Code.
The change made by Public Act 96-104 to this subsection
(g) is declaratory of existing law.
(h) A charter school may negotiate and contract with a
school district, the governing body of a State college or
university or public community college, or any other public or
for-profit or nonprofit private entity for: (i) the use of a
school building and grounds or any other real property or
facilities that the charter school desires to use or convert
for use as a charter school site, (ii) the operation and
maintenance thereof, and (iii) the provision of any service,
activity, or undertaking that the charter school is required
to perform in order to carry out the terms of its charter.
However, a charter school that is established on or after
April 16, 2003 (the effective date of Public Act 93-3) and that
operates in a city having a population exceeding 500,000 may
not contract with a for-profit entity to manage or operate the
school during the period that commences on April 16, 2003 (the
effective date of Public Act 93-3) and concludes at the end of
the 2004-2005 school year. Except as provided in subsection
(i) of this Section, a school district may charge a charter
school reasonable rent for the use of the district's
buildings, grounds, and facilities. Any services for which a
charter school contracts with a school district shall be
provided by the district at cost. Any services for which a

SB0090 - 29 - LRB103 05472 RJT 50491 b
charter school contracts with a local school board or with the
governing body of a State college or university or public
community college shall be provided by the public entity at
cost.
(i) In no event shall a charter school that is established
by converting an existing school or attendance center to
charter school status be required to pay rent for space that is
deemed available, as negotiated and provided in the charter
agreement, in school district facilities. However, all other
costs for the operation and maintenance of school district
facilities that are used by the charter school shall be
subject to negotiation between the charter school and the
local school board and shall be set forth in the charter.
(j) A charter school may limit student enrollment by age
or grade level.
(k) If the charter school is approved by the State Board or
Commission, then the charter school is its own local education
agency.
(Source: P.A. 101-50, eff. 7-1-20; 101-81, eff. 7-12-19;
101-291, eff. 1-1-20; 101-531, eff. 8-23-19; 101-543, eff.
8-23-19; 101-654, eff. 3-8-21; 102-51, eff. 7-9-21; 102-157,
eff. 7-1-22; 102-360, eff. 1-1-22; 102-445, eff. 8-20-21;
102-522, eff. 8-20-21; 102-558, eff. 8-20-21; 102-676, eff.
12-3-21; 102-697, eff. 4-5-22; 102-702, eff. 7-1-23; 102-805,
eff. 1-1-23; 102-813, eff. 5-13-22; revised 12-13-22.)

SB0090 - 30 - LRB103 05472 RJT 50491 b
(Text of Section after amendment by P.A. 102-466)
Sec. 27A-5. Charter school; legal entity; requirements.
(a) A charter school shall be a public, nonsectarian,
nonreligious, non-home based, and non-profit school. A charter
school shall be organized and operated as a nonprofit
corporation or other discrete, legal, nonprofit entity
authorized under the laws of the State of Illinois.
(b) A charter school may be established under this Article
by creating a new school or by converting an existing public
school or attendance center to charter school status.
Beginning on April 16, 2003 (the effective date of Public Act
93-3), in all new applications to establish a charter school
in a city having a population exceeding 500,000, operation of
the charter school shall be limited to one campus. The changes
made to this Section by Public Act 93-3 do not apply to charter
schools existing or approved on or before April 16, 2003 (the
effective date of Public Act 93-3).
(b-5) In this subsection (b-5), "virtual-schooling" means
a cyber school where students engage in online curriculum and
instruction via the Internet and electronic communication with
their teachers at remote locations and with students
participating at different times.
From April 1, 2013 through December 31, 2016, there is a
moratorium on the establishment of charter schools with
virtual-schooling components in school districts other than a
school district organized under Article 34 of this Code. This

SB0090 - 31 - LRB103 05472 RJT 50491 b
moratorium does not apply to a charter school with
virtual-schooling components existing or approved prior to
April 1, 2013 or to the renewal of the charter of a charter
school with virtual-schooling components already approved
prior to April 1, 2013.
(c) A charter school shall be administered and governed by
its board of directors or other governing body in the manner
provided in its charter. The governing body of a charter
school shall be subject to the Freedom of Information Act and
the Open Meetings Act. No later than January 1, 2021 (one year
after the effective date of Public Act 101-291), a charter
school's board of directors or other governing body must
include at least one parent or guardian of a pupil currently
enrolled in the charter school who may be selected through the
charter school or a charter network election, appointment by
the charter school's board of directors or other governing
body, or by the charter school's Parent Teacher Organization
or its equivalent.
(c-5) No later than January 1, 2021 (one year after the
effective date of Public Act 101-291) or within the first year
of his or her first term, every voting member of a charter
school's board of directors or other governing body shall
complete a minimum of 4 hours of professional development
leadership training to ensure that each member has sufficient
familiarity with the board's or governing body's role and
responsibilities, including financial oversight and

SB0090 - 32 - LRB103 05472 RJT 50491 b
accountability of the school, evaluating the principal's and
school's performance, adherence to the Freedom of Information
Act and the Open Meetings Act, and compliance with education
and labor law. In each subsequent year of his or her term, a
voting member of a charter school's board of directors or
other governing body shall complete a minimum of 2 hours of
professional development training in these same areas. The
training under this subsection may be provided or certified by
a statewide charter school membership association or may be
provided or certified by other qualified providers approved by
the State Board of Education.
(d) For purposes of this subsection (d), "non-curricular
health and safety requirement" means any health and safety
requirement created by statute or rule to provide, maintain,
preserve, or safeguard safe or healthful conditions for
students and school personnel or to eliminate, reduce, or
prevent threats to the health and safety of students and
school personnel. "Non-curricular health and safety
requirement" does not include any course of study or
specialized instructional requirement for which the State
Board has established goals and learning standards or which is
designed primarily to impart knowledge and skills for students
to master and apply as an outcome of their education.
A charter school shall comply with all non-curricular
health and safety requirements applicable to public schools
under the laws of the State of Illinois. On or before September

SB0090 - 33 - LRB103 05472 RJT 50491 b
1, 2015, the State Board shall promulgate and post on its
Internet website a list of non-curricular health and safety
requirements that a charter school must meet. The list shall
be updated annually no later than September 1. Any charter
contract between a charter school and its authorizer must
contain a provision that requires the charter school to follow
the list of all non-curricular health and safety requirements
promulgated by the State Board and any non-curricular health
and safety requirements added by the State Board to such list
during the term of the charter. Nothing in this subsection (d)
precludes an authorizer from including non-curricular health
and safety requirements in a charter school contract that are
not contained in the list promulgated by the State Board,
including non-curricular health and safety requirements of the
authorizing local school board.
(e) Except as otherwise provided in the School Code, a
charter school shall not charge tuition; provided that a
charter school may charge reasonable fees for textbooks,
instructional materials, and student activities.
(f) A charter school shall be responsible for the
management and operation of its fiscal affairs, including, but
not limited to, the preparation of its budget. An audit of each
charter school's finances shall be conducted annually by an
outside, independent contractor retained by the charter
school. The contractor shall not be an employee of the charter
school or affiliated with the charter school or its authorizer

SB0090 - 34 - LRB103 05472 RJT 50491 b
in any way, other than to audit the charter school's finances.
To ensure financial accountability for the use of public
funds, on or before December 1 of every year of operation, each
charter school shall submit to its authorizer and the State
Board a copy of its audit and a copy of the Form 990 the
charter school filed that year with the federal Internal
Revenue Service. In addition, if deemed necessary for proper
financial oversight of the charter school, an authorizer may
require quarterly financial statements from each charter
school.
(g) A charter school shall comply with all provisions of
this Article, the Illinois Educational Labor Relations Act,
all federal and State laws and rules applicable to public
schools that pertain to special education and the instruction
of English learners, and its charter. A charter school is
exempt from all other State laws and regulations in this Code
governing public schools and local school board policies;
however, a charter school is not exempt from the following:
(1) Sections 10-21.9 and 34-18.5 of this Code
regarding criminal history records checks and checks of
the Statewide Sex Offender Database and Statewide Murderer
and Violent Offender Against Youth Database of applicants
for employment;
(2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and
34-84a of this Code regarding discipline of students;
(3) the Local Governmental and Governmental Employees

SB0090 - 35 - LRB103 05472 RJT 50491 b
Tort Immunity Act;
(4) Section 108.75 of the General Not For Profit
Corporation Act of 1986 regarding indemnification of
officers, directors, employees, and agents;
(5) the Abused and Neglected Child Reporting Act;
(5.5) subsection (b) of Section 10-23.12 and
subsection (b) of Section 34-18.6 of this Code;
(6) the Illinois School Student Records Act;
(7) Section 10-17a of this Code regarding school
report cards;
(8) the P-20 Longitudinal Education Data System Act;
(9) Section 27-23.7 of this Code regarding bullying
prevention;
(10) Section 2-3.162 of this Code regarding student
discipline reporting;
(11) Sections 22-80 and 27-8.1 of this Code;
(12) Sections 10-20.60 and 34-18.53 of this Code;
(13) Sections 10-20.63 and 34-18.56 of this Code;
(14) Sections 22-90 and 26-18 of this Code;
(15) Section 22-30 of this Code;
(16) Sections 24-12 and 34-85 of this Code;
(17) the Seizure Smart School Act;
(18) Section 2-3.64a-10 of this Code;
(19) Sections 10-20.73 and 34-21.9 of this Code;
(20) Section 10-22.25b of this Code;
(21) Section 27-9.1a of this Code;

SB0090 - 36 - LRB103 05472 RJT 50491 b
(22) Section 27-9.1b of this Code;
(23) Section 34-18.8 of this Code;
(24) Article 26A of this Code; and
(25) Section 2-3.188 of this Code;
(26) Section 22-85.5 of this Code;
(27) subsections Subsections (d-10), (d-15), and
(d-20) of Section 10-20.56 of this Code; and
(28) Sections 10-20.83 and 34-18.78 of this Code; .
(29) (27) Section 10-20.13 of this Code;
(30) (28) Section 28-19.2 of this Code; and
(31) (29) Section 34-21.6 of this Code.
(32) (25) Section 22-85.10 of this Code; and .
(33) Sections 10-20.69 and 34-18.62 of this Code.
The change made by Public Act 96-104 to this subsection
(g) is declaratory of existing law.
(h) A charter school may negotiate and contract with a
school district, the governing body of a State college or
university or public community college, or any other public or
for-profit or nonprofit private entity for: (i) the use of a
school building and grounds or any other real property or
facilities that the charter school desires to use or convert
for use as a charter school site, (ii) the operation and
maintenance thereof, and (iii) the provision of any service,
activity, or undertaking that the charter school is required
to perform in order to carry out the terms of its charter.
However, a charter school that is established on or after

SB0090 - 37 - LRB103 05472 RJT 50491 b
April 16, 2003 (the effective date of Public Act 93-3) and that
operates in a city having a population exceeding 500,000 may
not contract with a for-profit entity to manage or operate the
school during the period that commences on April 16, 2003 (the
effective date of Public Act 93-3) and concludes at the end of
the 2004-2005 school year. Except as provided in subsection
(i) of this Section, a school district may charge a charter
school reasonable rent for the use of the district's
buildings, grounds, and facilities. Any services for which a
charter school contracts with a school district shall be
provided by the district at cost. Any services for which a
charter school contracts with a local school board or with the
governing body of a State college or university or public
community college shall be provided by the public entity at
cost.
(i) In no event shall a charter school that is established
by converting an existing school or attendance center to
charter school status be required to pay rent for space that is
deemed available, as negotiated and provided in the charter
agreement, in school district facilities. However, all other
costs for the operation and maintenance of school district
facilities that are used by the charter school shall be
subject to negotiation between the charter school and the
local school board and shall be set forth in the charter.
(j) A charter school may limit student enrollment by age
or grade level.

SB0090 - 38 - LRB103 05472 RJT 50491 b
(k) If the charter school is approved by the State Board or
Commission, then the charter school is its own local education
agency.
(Source: P.A. 101-50, eff. 7-1-20; 101-81, eff. 7-12-19;
101-291, eff. 1-1-20; 101-531, eff. 8-23-19; 101-543, eff.
8-23-19; 101-654, eff. 3-8-21; 102-51, eff. 7-9-21; 102-157,
eff. 7-1-22; 102-360, eff. 1-1-22; 102-445, eff. 8-20-21;
102-466, eff. 7-1-25; 102-522, eff. 8-20-21; 102-558, eff.
8-20-21; 102-676, eff. 12-3-21; 102-697, eff. 4-5-22; 102-702,
eff. 7-1-23; 102-805, eff. 1-1-23; 102-813, eff. 5-13-22;
revised 12-13-22.)
(105 ILCS 5/34-18.62)
Sec. 34-18.62. Policies Policy on sexual harassment and
discrimination.
(a) The school district must create, maintain, and
implement an age-appropriate policy on sexual harassment that
must be posted on the school district's website and, if
applicable, any other area where policies, rules, and
standards of conduct are currently posted in each school and
must also be included in the school district's student code of
conduct handbook.
(b) The school district must create, implement, and
maintain an age-appropriate policy on race-related harassment
and discrimination. This policy must be in compliance with and
distributed in accordance with Section 5A-103 of the Illinois

SB0090 - 39 - LRB103 05472 RJT 50491 b
Human Rights Act.
(Source: P.A. 101-418, eff. 1-1-20; 102-558, eff. 8-20-21.)
Section 10. The Illinois Human Rights Act is amended by
changing Sections 1-102, 5A-101, 5A-102, and 6-101 and by
adding Section 5A-103 as follows:
(775 ILCS 5/1-102) (from Ch. 68, par. 1-102)
Sec. 1-102. Declaration of Policy. It is the public
policy of this State:
(A) Freedom from Unlawful Discrimination. To secure for
all individuals within Illinois the freedom from
discrimination against any individual because of his or her
race, color, religion, sex, national origin, ancestry, age,
order of protection status, marital status, physical or mental
disability, military status, sexual orientation, pregnancy, or
unfavorable discharge from military service in connection with
employment, real estate transactions, access to financial
credit, and the availability of public accommodations,
including elementary, secondary, and higher education
institutions.
(B) Freedom from Sexual Harassment-Employment and
Elementary, Secondary, and Higher Education. To prevent sexual
harassment in employment and sexual harassment in elementary,
secondary, and higher education.
(C) Freedom from Discrimination Based on Citizenship

SB0090 - 40 - LRB103 05472 RJT 50491 b
Status-Employment. To prevent discrimination based on
citizenship status in employment.
(C-5) Freedom from Discrimination Based on Work
Authorization Status-Employment. To prevent discrimination
based on the specific status or term of status that
accompanies a legal work authorization.
(D) Freedom from Discrimination Based on Familial Status
or Source of Income-Real Estate Transactions. To prevent
discrimination based on familial status or source of income in
real estate transactions.
(E) Public Health, Welfare and Safety. To promote the
public health, welfare and safety by protecting the interest
of all people in Illinois in maintaining personal dignity, in
realizing their full productive capacities, and in furthering
their interests, rights and privileges as citizens of this
State.
(F) Implementation of Constitutional Guarantees. To secure
and guarantee the rights established by Sections 17, 18 and 19
of Article I of the Illinois Constitution of 1970.
(G) Equal Opportunity, Affirmative Action. To establish
Equal Opportunity and Affirmative Action as the policies of
this State in all of its decisions, programs and activities,
and to assure that all State departments, boards, commissions
and instrumentalities rigorously take affirmative action to
provide equality of opportunity and eliminate the effects of
past discrimination in the internal affairs of State

SB0090 - 41 - LRB103 05472 RJT 50491 b
government and in their relations with the public.
(H) Unfounded Charges. To protect citizens of this State
against unfounded charges of unlawful discrimination, sexual
harassment in employment and sexual harassment in elementary,
secondary, and higher education, and discrimination based on
citizenship status or work authorization status in employment.
(Source: P.A. 102-233, eff. 8-2-21; 102-896, eff. 1-1-23.)
(775 ILCS 5/5A-101) (from Ch. 68, par. 5A-101)
Sec. 5A-101. Definitions. The following definitions are
applicable strictly in the content of this Article, except
that the term "sexual harassment in elementary, secondary, and
higher education" as defined herein has the meaning herein
ascribed to it whenever that term is used anywhere in this Act.
(A) Institution of Elementary, Secondary, or Higher
Education. "Institution of elementary, secondary, or higher
education" means: (1) a publicly or privately operated
university, college, community college, junior college,
business or vocational school, or other educational
institution offering degrees and instruction beyond the
secondary school level; or (2) a publicly or privately
operated elementary school or secondary school.
(B) Degree. "Degree" means: (1) a designation,
appellation, series of letters or words or other symbols which
signifies or purports to signify that the recipient thereof
has satisfactorily completed an organized academic, business

SB0090 - 42 - LRB103 05472 RJT 50491 b
or vocational program of study offered beyond the secondary
school level; or (2) a designation signifying that the
recipient has graduated from an elementary school or secondary
school.
(C) Student. "Student" means any individual admitted to or
applying for admission to an institution of elementary,
secondary, or higher education, or enrolled on a full or part
time basis in a course or program of academic, business or
vocational instruction offered by or through an institution of
elementary, secondary, or higher education.
(D) Elementary, Secondary, or Higher Education
Representative. "Elementary, secondary, or higher education
representative" means and includes the president, chancellor
or other holder of any executive office on the administrative
staff of an institution of higher education, an administrator
of an elementary school or secondary school, a member of the
faculty of an institution of higher education, including but
not limited to a dean or associate or assistant dean, a
professor or associate or assistant professor, and a full or
part time instructor or visiting professor, including a
graduate assistant or other student who is employed on a
temporary basis of less than full time as a teacher or
instructor of any course or program of academic, business or
vocational instruction offered by or through an institution of
higher education, and any teacher, instructor, or other
employee of an elementary school or secondary school.

SB0090 - 43 - LRB103 05472 RJT 50491 b
(E) Sexual Harassment in Elementary, Secondary, and Higher
Education. "Sexual harassment in elementary, secondary, and
higher education" means any unwelcome sexual advances or
requests for sexual favors made by an elementary, secondary,
or higher education representative to a student, or any
conduct of a sexual nature exhibited by an elementary,
secondary, or higher education representative toward a
student, when such conduct has the purpose of substantially
interfering with the student's educational performance or
creating an intimidating, hostile or offensive educational
environment; or when the elementary, secondary, or higher
education representative either explicitly or implicitly makes
the student's submission to such conduct a term or condition
of, or uses the student's submission to or rejection of such
conduct as a basis for determining:
(1) Whether the student will be admitted to an
institution of elementary, secondary, or higher education;
(2) The educational performance required or expected
of the student;
(3) The attendance or assignment requirements
applicable to the student;
(4) To what courses, fields of study or programs,
including honors and graduate programs, the student will
be admitted;
(5) What placement or course proficiency requirements
are applicable to the student;

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(6) The quality of instruction the student will
receive;
(7) What tuition or fee requirements are applicable to
the student;
(8) What scholarship opportunities are available to
the student;
(9) What extracurricular teams the student will be a
member of or in what extracurricular competitions the
student will participate;
(10) Any grade the student will receive in any
examination or in any course or program of instruction in
which the student is enrolled;
(11) The progress of the student toward successful
completion of or graduation from any course or program of
instruction in which the student is enrolled; or
(12) What degree, if any, the student will receive.
(F) Harassment in Elementary, Secondary, or Higher
Education. "Harassment in elementary, secondary, or higher
education" means any unwelcome conduct on the basis of an
individual's actual or perceived race, color, religion,
national origin, ancestry, age, sex, marital status, order of
protection status, disability, military status, sexual
orientation, pregnancy, unfavorable discharge from military
service, citizenship status, or work authorization status that
has the purpose or effect of substantially interfering with
the individual's academic performance or creating an

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intimidating, hostile, or offensive academic environment. For
purposes of this definition, the phrase "academic environment"
is not limited to a physical location that an employee is
assigned to in order to perform his or her duties.
(Source: P.A. 96-1319, eff. 7-27-10.)
(775 ILCS 5/5A-102) (from Ch. 68, par. 5A-102)
Sec. 5A-102. Civil Rights Violations-Elementary,
Secondary, and Higher Education. It is a civil rights
violation:
(A) Sexual Harassment-Elementary Elementary, Secondary, or
Higher Education Representative. For any elementary,
secondary, or higher education representative to commit or
engage in sexual harassment in elementary, secondary, or
higher education.
(B) Sexual Harassment-Institution Institution of
Elementary, Secondary, or Higher Education. For any
institution of elementary, secondary, or higher education to
fail to take remedial action, or to fail to take appropriate
disciplinary action against an elementary, secondary, or
higher education representative employed by such institution,
when such institution knows that such elementary, secondary,
or higher education representative was committing or engaging
in or committed or engaged in sexual harassment in elementary,
secondary, or higher education.
(C) Harassment-Elementary, Secondary, or Higher Education

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Representative. For any elementary, secondary, or higher
education representative to commit or engage in harassment in
elementary, secondary, or higher education.
(D) Harassment-Institution of Elementary, Secondary, or
Higher Education. For any institution of elementary,
secondary, or higher education to fail to take remedial action
or to fail to take 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 elementary, secondary, or higher
education representative was committing or engaging in or
committed or engaged in harassment in elementary, secondary,
or higher education.
(Source: P.A. 96-574, eff. 8-18-09; 96-1319, eff. 7-27-10.)
(775 ILCS 5/5A-103 new)
Sec. 5A-103. Race-related discrimination and harassment.
(a) The General Assembly finds that the organizational
tolerance of race-related harassment and discrimination has a
detrimental influence in schools, contributing to
psychological and physical harm, substance abuse, and poorer
academic outcomes for students of color and higher rates of
teacher turnover among teachers of color. The General Assembly
further finds that incidents of race-related harassment and
discrimination have increased significantly, with students of
color experiencing, on average, as many as 5 incidents of

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racism a day. It is the General Assembly's intent that each
institution of elementary, secondary, or higher education in
this State adopt and actively implement policies to reduce
race-related harassment and discrimination; to ensure
students, parents or guardians, and employees know how to
recognize and report harassment; and to ensure institutions
are safe for students, parents or guardians, and employees to
report race-related harassment and discrimination without fear
of retaliation, loss of status, or loss of opportunities.
(b) Each institution of elementary, secondary, or higher
education to which this Act applies shall establish,
implement, and maintain a continuing race-related
discrimination and harassment program that shall include all
of the following:
(1) The development of a written policy on
race-related discrimination and harassment that includes,
at a minimum, the following information:
(A) the illegality of unlawful discrimination and
of harassment in elementary, secondary, or higher
education;
(B) the definitions of unlawful discrimination and
of harassment in elementary, secondary, or higher
education under this Act;
(C) the illegality of criteria or methods of
administration that have the effect of subjecting
individuals to discrimination because of their race,

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color, national origin, or gender, as described in the
Illinois Civil Rights Act of 2003;
(D) descriptions of various forms of harassment
and discrimination related to race, including, but not
limited to, microaggressions, derogatory cultural
appropriation, and discrimination based on disparate
impact, utilizing examples;
(E) the institution's internal complaint process,
including penalties;
(F) the legal recourse, investigative, and
complaint process available through the Department and
the Commission and through federal agencies;
(G) directions on how to contact the Department
and Commission; and
(H) protection against retaliation as provided in
Section 6-101 of this Act.
This policy may be included as part of a broader
anti-harassment or anti-discrimination policy provided it
is distinguished with an appropriate title, heading, or
label. The policy shall be reviewed annually.
(2) The posting, in a prominent and accessible
location, and distribution, in a manner to ensure notice
to all employees without exception, of the institution's
policy described in paragraph (1). Such documents may
meet, but shall not exceed, a sixth-grade literacy level.
Distribution shall be effectuated within 90 days after the

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effective date of this amendatory Act of the 103rd General
Assembly and shall occur annually thereafter.
(3) Distribution of the institution's policy described
in paragraph (1) on the institution's Internet website, in
a student handbook if one exists, and in a posting where
other policies, rules, and standards of conduct are
posted, if applicable, periodically throughout the school
year to students and faculty, and an annual distribution
of a summary of the policy in accessible, age-appropriate
language to students and to the parents or guardians of
minor students.
(4) Training on the prevention of race-related
discrimination and harassment and the institution's policy
described in paragraph (1) as a component of all ongoing
or new employee training programs for elementary,
secondary, or higher education representatives. The
training must regard participants as potential bystanders,
rather than potential offenders; provide participants with
criteria for identifying racial harassment; and include
all of the elements required to be included in the policy
described in paragraph (1).
(c) In the creation and implementation of policies and
procedures to prevent and address race-related discrimination
and harassment, institutions of elementary, secondary, or
higher education:
(1) shall reduce or remove, to the extent practicable,

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barriers to student reporting of race-related
discrimination and harassment in order to minimize the
burden on students who wish to report harassment;
(2) shall permit any person who reports a violation or
any victim of a civil rights violation to be accompanied
by an advisor of the person's choice when making a report
and in subsequent interactions with elementary, secondary,
or higher education representatives who are investigating
or taking action as a result of a report;
(3) shall provide a procedure for anonymous reporting;
however, this paragraph(3) may not be construed to permit
formal disciplinary action solely on the basis of an
anonymous report;
(4) shall differentiate interventions based on whether
the offender is a minor or an adult, on whether the
offender is a student or an elementary, secondary, or
higher education representative, and on the severity and
pervasiveness of the offense. For students and minors,
interventions may include, but are not limited to, school
social work services, restorative measures, schedule
changes or class reassignment, social-emotional skill
building, education about diversity or implicit bias,
counseling, school psychological services,
community-based services, suspension, or expulsion. For
elementary, secondary, or higher education
representatives, interventions may include, but are not

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limited to, restorative measures, social-emotional skill
building, additional training concerning diversity or
implicit bias, counseling, suspension, demotion, or
dismissal;
(5) may offer a person who reports a civil rights
violation the option to pursue reconciliation with the
offender but may not require or unduly influence that
person to pursue such reconciliation; and
(6) may not cause a victim of a civil rights violation
to suffer adverse consequences as a result of a report of,
investigation of, or response to that violation,
including, but not limited to, being reassigned to a less
rigorous academic course of study, being forced to take
paid or unpaid leave, being demoted or denied promotion or
additional titles, or being otherwise disciplined. This
protection may not permit victims to engage in retaliation
against the offender or limit an institution of
elementary, secondary, or higher education from applying
disciplinary measures in response to other acts or conduct
not related to the process of reporting, investigating, or
responding to a civil rights violation.
(d) The Department shall produce a model race-related
discrimination and harassment prevention training program
aimed at the prevention of race-related discrimination and
harassment in schools. The model program shall be made
available to institutions of elementary, secondary, or higher

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education and to the public online at no cost. This model
program shall meet the requirements of paragraph (4) of
subsection (b).
(e) Each institution of elementary, secondary, or higher
education shall annually submit a report to the Department
that includes the current policy on race-related
discrimination and harassment described in paragraph (1) of
subsection (b), the number of reports of race-related
discrimination and harassment received in the preceding
academic year; the type or types of race-related
discrimination and harassment included in each report as
described in this Act; and the outcome of each report,
including the response taken to address or prevent harassment,
if applicable. This annual report may not include any
information that personally identifies any individual or group
of individuals. The Department shall provide a standard format
for reporting to all institutions of elementary, secondary, or
higher education, which may be made in combination with the
reporting required for public institutions of higher education
under paragraph (2) of subsection (a) of Section 9.21 of the
Board of Higher Education Act.
(f) Upon notification of a failure to establish,
implement, or maintain a continuing race-related
discrimination and harassment program as set forth in
subsection (b), the Department may launch a preliminary
investigation. If the Department finds a failure to conform to

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the requirements of subsection (b), the Department may issue a
notice to show cause, giving the institution 30 days to
correct the failure to conform. If the failure to conform is
not corrected, the Department may initiate a charge of a civil
rights violation.
(775 ILCS 5/6-101) (from Ch. 68, par. 6-101)
Sec. 6-101. Additional civil rights violations under
Articles 2, 4, 5, and 5A. It is a civil rights violation for a
person, or for 2 or more persons, to conspire to:
(A) Retaliation. Retaliate against a person because he
or she has opposed that which he or she reasonably and in
good faith believes to be unlawful discrimination,
harassment, harassment in elementary, secondary, or higher
education, sexual harassment in employment, sexual
harassment in elementary, secondary, and higher education,
or discrimination based on arrest record, citizenship
status, or work authorization status in employment under
Articles 2, 4, 5, and 5A, because he or she has made a
charge, filed a complaint, testified, assisted, or
participated in an investigation, proceeding, or hearing
under this Act, or because he or she has requested,
attempted to request, used, or attempted to use a
reasonable accommodation as allowed by this Act;
(B) Aiding and Abetting; Coercion. Aid, abet, compel,
or coerce a person to commit any violation of this Act;

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(C) Interference. Wilfully interfere with the
performance of a duty or the exercise of a power by the
Commission or one of its members or representatives or the
Department or one of its officers or employees.
Definitions. For the purposes of this Section, "sexual
harassment", "citizenship status", and "work authorization
status" shall have the same meaning as defined in Section
2-101 of this Act.
(Source: P.A. 102-233, eff. 8-2-21; 102-362, eff. 1-1-22;
102-813, eff. 5-13-22.)
Section 95. No acceleration or delay. Where this Act makes
changes in a statute that is represented in this Act by text
that is not yet or no longer in effect (for example, a Section
represented by multiple versions), the use of that text does
not accelerate or delay the taking effect of (i) the changes
made by this Act or (ii) provisions derived from any other
Public Act.
Section 99. Effective date. This Act takes effect August
1, 2024.
SB0090 - 55 - LRB103 05472 RJT 50491 b
INDEX
Statutes amended in order of appearance