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

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-Enrolled.html

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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 Freedom of Information Act is amended by
changing Section 7.5 as follows:
(5 ILCS 140/7.5)
Sec. 7.5. Statutory exemptions. To the extent provided for
by the statutes referenced below, the following shall be
exempt from inspection and copying:
(a) All information determined to be confidential
under Section 4002 of the Technology Advancement and
Development Act.
(b) Library circulation and order records identifying
library users with specific materials under the Library
Records Confidentiality Act.
(c) Applications, related documents, and medical
records received by the Experimental Organ Transplantation
Procedures Board and any and all documents or other
records prepared by the Experimental Organ Transplantation
Procedures Board or its staff relating to applications it

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has received.
(d) Information and records held by the Department of
Public Health and its authorized representatives relating
to known or suspected cases of sexually transmissible
disease or any information the disclosure of which is
restricted under the Illinois Sexually Transmissible
Disease Control Act.
(e) Information the disclosure of which is exempted
under Section 30 of the Radon Industry Licensing Act.
(f) Firm performance evaluations under Section 55 of
the Architectural, Engineering, and Land Surveying
Qualifications Based Selection Act.
(g) Information the disclosure of which is restricted
and exempted under Section 50 of the Illinois Prepaid
Tuition Act.
(h) Information the disclosure of which is exempted
under the State Officials and Employees Ethics Act, and
records of any lawfully created State or local inspector
general's office that would be exempt if created or
obtained by an Executive Inspector General's office under
that Act.
(i) Information contained in a local emergency energy
plan submitted to a municipality in accordance with a
local emergency energy plan ordinance that is adopted
under Section 11-21.5-5 of the Illinois Municipal Code.
(j) Information and data concerning the distribution

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of surcharge moneys collected and remitted by carriers
under the Emergency Telephone System Act.
(k) Law enforcement officer identification information
or driver identification information compiled by a law
enforcement agency or the Department of Transportation
under Section 11-212 of the Illinois Vehicle Code.
(l) Records and information provided to a residential
health care facility resident sexual assault and death
review team or the Executive Council under the Abuse
Prevention Review Team Act.
(m) Information provided to the predatory lending
database created pursuant to Article 3 of the Residential
Real Property Disclosure Act, except to the extent
authorized under that Article.
(n) Defense budgets and petitions for certification of
compensation and expenses for court appointed trial
counsel as provided under Sections 10 and 15 of the
Capital Crimes Litigation Act. This subsection (n) shall
apply until the conclusion of the trial of the case, even
if the prosecution chooses not to pursue the death penalty
prior to trial or sentencing.
(o) Information that is prohibited from being
disclosed under Section 4 of the Illinois Health and
Hazardous Substances Registry Act.
(p) Security portions of system safety program plans,
investigation reports, surveys, schedules, lists, data, or

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information compiled, collected, or prepared by or for the
Department of Transportation under Sections 2705-300 and
2705-616 of the Department of Transportation Law of the
Civil Administrative Code of Illinois, the Regional
Transportation Authority under Section 2.11 of the
Regional Transportation Authority Act, or the St. Clair
County Transit District under the Bi-State Transit Safety
Act.
(q) Information prohibited from being disclosed by the
Personnel Record Review Act.
(r) Information prohibited from being disclosed by the
Illinois School Student Records Act.
(s) Information the disclosure of which is restricted
under Section 5-108 of the Public Utilities Act.
(t) All identified or deidentified health information
in the form of health data or medical records contained
in, stored in, submitted to, transferred by, or released
from the Illinois Health Information Exchange, and
identified or deidentified health information in the form
of health data and medical records of the Illinois Health
Information Exchange in the possession of the Illinois
Health Information Exchange Office due to its
administration of the Illinois Health Information
Exchange. The terms "identified" and "deidentified" shall
be given the same meaning as in the Health Insurance
Portability and Accountability Act of 1996, Public Law

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104-191, or any subsequent amendments thereto, and any
regulations promulgated thereunder.
(u) Records and information provided to an independent
team of experts under the Developmental Disability and
Mental Health Safety Act (also known as Brian's Law).
(v) Names and information of people who have applied
for or received Firearm Owner's Identification Cards under
the Firearm Owners Identification Card Act or applied for
or received a concealed carry license under the Firearm
Concealed Carry Act, unless otherwise authorized by the
Firearm Concealed Carry Act; and databases under the
Firearm Concealed Carry Act, records of the Concealed
Carry Licensing Review Board under the Firearm Concealed
Carry Act, and law enforcement agency objections under the
Firearm Concealed Carry Act.
(v-5) Records of the Firearm Owner's Identification
Card Review Board that are exempted from disclosure under
Section 10 of the Firearm Owners Identification Card Act.
(w) Personally identifiable information which is
exempted from disclosure under subsection (g) of Section
19.1 of the Toll Highway Act.
(x) Information which is exempted from disclosure
under Section 5-1014.3 of the Counties Code or Section
8-11-21 of the Illinois Municipal Code.
(y) Confidential information under the Adult
Protective Services Act and its predecessor enabling

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statute, the Elder Abuse and Neglect Act, including
information about the identity and administrative finding
against any caregiver of a verified and substantiated
decision of abuse, neglect, or financial exploitation of
an eligible adult maintained in the Registry established
under Section 7.5 of the Adult Protective Services Act.
(z) Records and information provided to a fatality
review team or the Illinois Fatality Review Team Advisory
Council under Section 15 of the Adult Protective Services
Act.
(aa) Information which is exempted from disclosure
under Section 2.37 of the Wildlife Code.
(bb) Information which is or was prohibited from
disclosure by the Juvenile Court Act of 1987.
(cc) Recordings made under the Law Enforcement
Officer-Worn Body Camera Act, except to the extent
authorized under that Act.
(dd) Information that is prohibited from being
disclosed under Section 45 of the Condominium and Common
Interest Community Ombudsperson Act.
(ee) Information that is exempted from disclosure
under Section 30.1 of the Pharmacy Practice Act.
(ff) Information that is exempted from disclosure
under the Revised Uniform Unclaimed Property Act.
(gg) Information that is prohibited from being
disclosed under Section 7-603.5 of the Illinois Vehicle

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Code.
(hh) Records that are exempt from disclosure under
Section 1A-16.7 of the Election Code.
(ii) Information which is exempted from disclosure
under Section 2505-800 of the Department of Revenue Law of
the Civil Administrative Code of Illinois.
(jj) Information and reports that are required to be
submitted to the Department of Labor by registering day
and temporary labor service agencies but are exempt from
disclosure under subsection (a-1) of Section 45 of the Day
and Temporary Labor Services Act.
(kk) Information prohibited from disclosure under the
Seizure and Forfeiture Reporting Act.
(ll) Information the disclosure of which is restricted
and exempted under Section 5-30.8 of the Illinois Public
Aid Code.
(mm) Records that are exempt from disclosure under
Section 4.2 of the Crime Victims Compensation Act.
(nn) Information that is exempt from disclosure under
Section 70 of the Higher Education Student Assistance Act.
(oo) Communications, notes, records, and reports
arising out of a peer support counseling session
prohibited from disclosure under the First Responders
Suicide Prevention Act.
(pp) Names and all identifying information relating to
an employee of an emergency services provider or law

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enforcement agency under the First Responders Suicide
Prevention Act.
(qq) Information and records held by the Department of
Public Health and its authorized representatives collected
under the Reproductive Health Act.
(rr) Information that is exempt from disclosure under
the Cannabis Regulation and Tax Act.
(ss) Data reported by an employer to the Department of
Human Rights pursuant to Section 2-108 of the Illinois
Human Rights Act.
(tt) Recordings made under the Children's Advocacy
Center Act, except to the extent authorized under that
Act.
(uu) Information that is exempt from disclosure under
Section 50 of the Sexual Assault Evidence Submission Act.
(vv) Information that is exempt from disclosure under
subsections (f) and (j) of Section 5-36 of the Illinois
Public Aid Code.
(ww) Information that is exempt from disclosure under
Section 16.8 of the State Treasurer Act.
(xx) Information that is exempt from disclosure or
information that shall not be made public under the
Illinois Insurance Code.
(yy) Information prohibited from being disclosed under
the Illinois Educational Labor Relations Act.
(zz) Information prohibited from being disclosed under

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the Illinois Public Labor Relations Act.
(aaa) Information prohibited from being disclosed
under Section 1-167 of the Illinois Pension Code.
(bbb) Information that is prohibited from disclosure
by the Illinois Police Training Act and the Illinois State
Police Act.
(ccc) Records exempt from disclosure under Section
2605-304 of the Illinois State Police Law of the Civil
Administrative Code of Illinois.
(ddd) Information prohibited from being disclosed
under Section 35 of the Address Confidentiality for
Victims of Domestic Violence, Sexual Assault, Human
Trafficking, or Stalking Act.
(eee) Information prohibited from being disclosed
under subsection (b) of Section 75 of the Domestic
Violence Fatality Review Act.
(fff) Images from cameras under the Expressway Camera
Act. This subsection (fff) is inoperative on and after
July 1, 2023.
(ggg) Information prohibited from disclosure under
paragraph (3) of subsection (a) of Section 14 of the Nurse
Agency Licensing Act.
(hhh) Information submitted to the Illinois Department
of State Police in an affidavit or application for an
assault weapon endorsement, assault weapon attachment
endorsement, .50 caliber rifle endorsement, or .50 caliber

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cartridge endorsement under the Firearm Owners
Identification Card Act.
(iii) Data exempt from disclosure under Section
2-3.196 of the School Code.
(Source: P.A. 101-13, eff. 6-12-19; 101-27, eff. 6-25-19;
101-81, eff. 7-12-19; 101-221, eff. 1-1-20; 101-236, eff.
1-1-20; 101-375, eff. 8-16-19; 101-377, eff. 8-16-19; 101-452,
eff. 1-1-20; 101-466, eff. 1-1-20; 101-600, eff. 12-6-19;
101-620, eff 12-20-19; 101-649, eff. 7-7-20; 101-652, eff.
1-1-22; 101-656, eff. 3-23-21; 102-36, eff. 6-25-21; 102-237,
eff. 1-1-22; 102-292, eff. 1-1-22; 102-520, eff. 8-20-21;
102-559, eff. 8-20-21; 102-813, eff. 5-13-22; 102-946, eff.
7-1-22; 102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; revised
2-13-23.)
Section 10. The School Code is amended by adding Sections
2-3.196 and 22-95 and by changing Sections 27A-5 and 34-18.62
as follows:
(105 ILCS 5/2-3.196 new)
Sec. 2-3.196. Discrimination, harassment, and retaliation
reporting.
(a) The requirements of this Section are subject to
appropriation.
(b) The State Board of Education shall build data
collection systems to allow the collection of data on reported

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allegations of the conduct described in paragraph (1).
Beginning on August 1 of the year after the systems are
implemented and for each reporting school year beginning on
August 1 and ending on July 31 thereafter, each school
district, charter school, and nonpublic, nonsectarian
elementary or secondary school shall disclose to the State
Board of Education all of the following information:
(1) The total number of reported allegations of
discrimination, harassment, or retaliation against
students received by each school district, charter school,
or nonpublic, nonsectarian elementary or secondary school
during the reporting school year, defined as August 1 to
July 31, in each of the following categories:
(A) sexual harassment;
(B) discrimination or harassment on the basis of
race, color, or national origin;
(C) discrimination or harassment on the basis of
sex;
(D) discrimination or harassment on the basis of
religion;
(E) discrimination or harassment on the basis of
disability; and
(F) retaliation.
(2) The status of allegations, as of the last day of
the reporting period, in each category under paragraph
(1).

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Allegations shall be reported as unfounded, founded,
or investigation pending by the school district, charter
school, or nonpublic, nonsectarian elementary or secondary
school.
(c) A school district, charter school, or nonpublic,
nonsectarian elementary or secondary school may not include in
any disclosures required under this Section any information by
which an individual may be personally identified, including
the name of the victim or victims or those accused of an act of
alleged discrimination, harassment, or retaliation.
(d) If a school district, charter school, or nonpublic,
nonsectarian elementary or secondary school fails to disclose
the information required in subsection (b) of this Section by
July 31 of the reporting school year, the State Board of
Education shall provide a written request for disclosure to
the school district, charter school, or nonpublic,
nonsectarian elementary or secondary school, thereby providing
the period of time in which the required information must be
disclosed. If a school district, charter school, or nonpublic,
nonsectarian elementary or secondary school fails to disclose
the information within 14 days after receipt of that written
request, the State Board of Education may petition the
Department of Human Rights to initiate a charge of a civil
rights violation pursuant to Section 5A-102 of the Illinois
Human Rights Act.
(e) The State Board of Education shall publish an annual

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report aggregating the information reported by school
districts, charter schools, and nonpublic, nonsectarian
elementary or secondary schools under subsection (b) of this
Section. Data included in the report shall not be publicly
attributed to any individual school district, charter school,
or nonpublic, nonsectarian elementary or secondary school. The
report shall include the number of incidents reported between
August 1 and July 31 of the preceding reporting school year,
based on each of the categories identified under paragraph (1)
of this subsection (b).
The annual report shall be filed with the Department of
Human Rights and the General Assembly and made available to
the public by July 1 of the year following the reporting school
year. Data submitted by a school district, charter school, or
nonpublic, nonsectarian elementary or secondary school to
comply with this Section is confidential and exempt from the
Freedom of Information Act.
(f) The State Board of Education may adopt any rules
deemed necessary for implementation of this Section.
(g) This Section is repealed on July 1, 2029.
(105 ILCS 5/22-95 new)
Sec. 22-95. Policy on discrimination, harassment, and
retaliation; response procedures.
(a) As used in this Section, "policy" means either the use
of a singular policy or multiple policies.

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(b) Each school district, charter school, or nonpublic,
nonsectarian elementary or secondary school must create,
implement, and maintain at least one written policy that
prohibits discrimination and harassment based on race, color,
and national origin and prohibits retaliation. The policy may
be included as part of a broader anti-harassment or
anti-discrimination policy, provided that the policy
prohibiting discrimination and harassment based on race,
color, and national origin and retaliation shall be
distinguished with an appropriate title, heading, or label.
This policy must comply with and be distributed in accordance
with all of the following:
(1) The policy must be in writing and must include at a
minimum, the following information:
(A) descriptions of various forms of
discrimination and harassment based on race, color,
and national origin, including examples;
(B) the school district's, charter school's, or
nonpublic, nonsectarian elementary or secondary
school's internal process for filing a complaint
regarding a violation of the policy described in this
subsection, or a reference to that process if
described elsewhere in policy;
(C) an overview of the school district's, charter
school's, or nonpublic, nonsectarian elementary or
secondary school's prevention and response program

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pursuant to subsection (c);
(D) potential remedies for a violation of the
policy described in this subsection;
(E) a prohibition on retaliation for making a
complaint or participating in the complaint process;
(F) the legal recourse available through the
Department of Human Rights and through federal
agencies if a school district, charter school, or
nonpublic, nonsectarian elementary or secondary school
fails to take corrective action, or a reference to
that process if described elsewhere in policy; and
(G) directions on how to contact the Department of
Human Rights or a reference to those directions if
described elsewhere in the policy.
The policy shall make clear that the policy does not
impair or otherwise diminish the rights of unionized
employees under federal law, State law, or a collective
bargaining agreement to request an exclusive bargaining
representative to be present during investigator
interviews, nor does the policy diminish any rights
available under the applicable negotiated collective
bargaining agreement, including, but not limited to, the
grievance procedure.
(2) The policy described in this subsection shall be
posted in a prominent and accessible location and
distributed in such a manner as to ensure notice of the

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policy to all employees. If the school district, charter
school, or nonpublic, nonsectarian elementary or secondary
school maintains an Internet website or has an employee
Intranet, the website or Intranet shall be considered a
prominent and accessible location for the purpose of this
paragraph (2). Posting and distribution shall be
effectuated by the beginning of the 2024-2025 school year
and shall occur annually thereafter.
(3) The policy described in this subsection shall be
published on the school district's, charter school's, or
nonpublic, nonsectarian elementary or secondary school's
Internet website, if one exists, and in a student
handbook, if one exists. A summary of the policy in
accessible, age-appropriate language shall be distributed
annually to students and to the parents or guardians of
minor students. School districts, charter schools, and
nonpublic, nonsectarian elementary or secondary schools
shall provide a summary of the policy in the parent or
guardian's native language. For the annual distribution of
the summary, inclusion of the summary in a student
handbook is deemed compliant.
(c) Each school district, charter school, and nonpublic,
nonsectarian elementary or secondary school must establish
procedures for responding to complaints of discrimination and
harassment based on race, color, and national origin and
retaliation. These procedures must comply with subsection (b)

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of this Section. Based on these procedures, school districts,
charter schools, and nonpublic, nonsectarian elementary or
secondary schools:
(1) shall reduce or remove, to the extent practicable,
barriers to reporting discrimination, harassment, and
retaliation;
(2) shall permit any person who reports or is the
victim of an incident of alleged discrimination,
harassment, or retaliation to be accompanied when making a
report by a support individual of the person's choice who
complies with the school district's, charter school's, or
nonpublic, nonsectarian elementary or secondary school's
policies or rules;
(3) shall permit anonymous reporting, except that this
paragraph (3) may not be construed to permit formal
disciplinary action solely on the basis of an anonymous
report;
(4) shall offer remedial interventions or take such
disciplinary action as may be appropriate on a
case-by-case basis;
(5) may offer, but not require or unduly influence, a
person who reports or is the victim of an incident of
discrimination, harassment, or retaliation the option to
resolve allegations directly with the offender; and
(6) may not cause a person who reports or is the victim
of an incident of discrimination, harassment, or

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retaliation to suffer adverse consequences as a result of
a report of, an investigation of, or a response to the
incident; this protection may not permit victims to engage
in retaliation against the offender or limit a school
district, charter school, or nonpublic, nonsectarian
elementary or secondary school from applying disciplinary
measures in response to other acts or conduct not related
to the process of reporting, investigating, or responding
to a report of an incident of discrimination, harassment,
or retaliation.
(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

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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
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

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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
the State Board of Education.
(d) For purposes of this subsection (d), "non-curricular
health and safety requirement" means any health and safety

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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)
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,

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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.
(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

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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;
(8) the P-20 Longitudinal Education Data System Act;
(9) Section 27-23.7 of this Code regarding bullying
prevention;

SB0090 Enrolled - 24 - LRB103 05472 RJT 50491 b
(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;
(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; .
(33) Section 2-3.196 of this Code;
(34) Section 22-95 of this Code;
(35) Section 34-18.62 of this Code; and

SB0090 Enrolled - 25 - LRB103 05472 RJT 50491 b
(36) the Illinois Human Rights Act.
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
charter school contracts with a local school board or with the

SB0090 Enrolled - 26 - LRB103 05472 RJT 50491 b
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; 102-805, 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

SB0090 Enrolled - 27 - LRB103 05472 RJT 50491 b
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.
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 Enrolled - 28 - 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 Enrolled - 29 - 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 Enrolled - 30 - 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 Enrolled - 31 - 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 Enrolled - 32 - 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 Enrolled - 33 - LRB103 05472 RJT 50491 b
(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; .
(32) (25) Section 22-85.10 of this Code; .
(33) Section 2-3.196 of this Code;
(34) Section 22-95 of this Code;
(35) Section 34-18.62 of this Code; and
(36) the Illinois Human Rights Act.
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

SB0090 Enrolled - 34 - LRB103 05472 RJT 50491 b
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
subject to negotiation between the charter school and the
local school board and shall be set forth in the charter.

SB0090 Enrolled - 35 - LRB103 05472 RJT 50491 b
(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.)
(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

SB0090 Enrolled - 36 - LRB103 05472 RJT 50491 b
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
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

SB0090 Enrolled - 37 - LRB103 05472 RJT 50491 b
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
the State Board of Education.
(d) For purposes of this subsection (d), "non-curricular
health and safety requirement" means any health and safety

SB0090 Enrolled - 38 - LRB103 05472 RJT 50491 b
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)
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,

SB0090 Enrolled - 39 - LRB103 05472 RJT 50491 b
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.
(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

SB0090 Enrolled - 40 - LRB103 05472 RJT 50491 b
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;
(8) the P-20 Longitudinal Education Data System Act;
(9) Section 27-23.7 of this Code regarding bullying
prevention;

SB0090 Enrolled - 41 - LRB103 05472 RJT 50491 b
(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;
(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; .
(33) Section 2-3.196 of this Code;

SB0090 Enrolled - 42 - LRB103 05472 RJT 50491 b
(34) Section 22-95 of this Code;
(35) Section 34-18.62 of this Code; and
(36) the Illinois Human Rights Act.
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

SB0090 Enrolled - 43 - LRB103 05472 RJT 50491 b
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.
(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;

SB0090 Enrolled - 44 - LRB103 05472 RJT 50491 b
revised 12-13-22.)
(105 ILCS 5/34-18.62)
Sec. 34-18.62. Policies Policy on discrimination and
sexual harassment; prevention and response program.
(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, maintain, and
implement a policy or policies prohibiting discrimination and
harassment based on race, color, and national origin and
prohibiting retaliation. Such policy or policies may be
included as part of a broader anti-harassment or
anti-discrimination policy provided they are distinguished
with an appropriate title, heading, or label. The policy or
policies adopted under this subsection (b) must comply with
and be distributed in accordance with subsection (b) of
Section 22-95 of this Code.
(c) The school district must establish procedures for
responding to complaints of discrimination and harassment
based on race, color, and national origin, and retaliation.
These procedures must comply with subsection (c) of Section

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22-95 of this Code.
(Source: P.A. 101-418, eff. 1-1-20; 102-558, eff. 8-20-21.)
Section 15. The Illinois Human Rights Act is amended by
changing Sections 1-102, 5-102.2, 5A-101, 5A-102, and 6-101
and by adding Sections 5A-103 and 5A-104 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 based on 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 in elementary, secondary, and higher
education.
(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

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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

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government and in their relations with the public.
(H) Unfounded Charges. To protect citizens of this State
against unfounded charges of prohibited unlawful
discrimination, sexual harassment in employment, real estate
transactions, financial credit, and public accommodations,
including 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 5/5-102.2)
Sec. 5-102.2. Jurisdiction limited. In regard to places of
public accommodation defined in paragraph (11) of Section
5-101, the jurisdiction under this Article of the Department
is limited to: (1) the failure to enroll an individual; (2) the
denial or refusal of full and equal enjoyment of facilities,
goods, or services; or (3) severe or pervasive harassment of
an individual when the covered entity fails to take corrective
action to stop the severe or pervasive harassment. This
limitation on jurisdiction set forth in this Section does not
apply to civil rights violations under Article 2, 3, 4, 5A, or
6.
(Source: P.A. 102-1102, eff. 1-1-23.)
(775 ILCS 5/5A-101) (from Ch. 68, par. 5A-101)
Sec. 5A-101. Definitions. The following definitions are

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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
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.

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(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.
(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

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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;
(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

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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 by an elementary,
secondary or higher education representative toward a student
on the basis of a student's actual or perceived race, color,
religion, national origin, ancestry, age, sex, marital status,
order of protection status, disability, military status,
sexual orientation, pregnancy, or unfavorable discharge from
military service that has the purpose or effect of
substantially interfering with a student's educational
performance or creating an intimidating, hostile, or offensive
educational environment.
(G) Educational Environment. "Educational environment"
includes conduct that occurs at school, school-related
activities, or events, and may include conduct that occurs off
school grounds, subject to applicable State and federal law.
(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,

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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 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 appropriate
corrective action to stop harassment if the institution

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knows that an elementary, secondary, or higher education
representative was committing or engaging in or committed
or engaged in harassment in elementary, secondary, or
higher education.
(E) Failure to Report. For any school district
established under the School Code or institutions of
elementary or secondary education covered by this Act to
fail to disclose information as required by Section
2-3.196 of the School Code.
(F) Exemptions. Nothing in Article 5A shall be
construed to limit jurisdiction under Section 5-102.2.
Subsections (C), (D), and (E) shall apply solely to
nonsectarian institutions of elementary, secondary or
higher education and elementary, secondary, or higher
education representatives employed by such nonsectarian
institutions.
(Source: P.A. 96-574, eff. 8-18-09; 96-1319, eff. 7-27-10.)
(775 ILCS 5/5A-103 new)
Sec. 5A-103. Discrimination and harassment based on race,
color, or national origin; and retaliation.
(a) The General Assembly finds that harassment and
discrimination based on race, color, or national origin has a
detrimental influence in schools, contributing to
psychological and physical harm and poorer academic outcomes
for students of color, and higher rates of teacher turnover

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among teachers of color. It is the General Assembly's intent
that each institution of elementary and secondary education in
the State adopt and actively implement policies to reduce and
respond effectively to harassment and discrimination based on
race, color, and national origin; to provide students, parents
or guardians, and employees information on how to recognize
and report harassment and discrimination; and, for students,
parents or guardians, and employees, to report harassment and
discrimination based on race, color, or national origin
without fear of retaliation, loss of status, or loss of
opportunities.
(b) The Department shall produce a model training program
aimed at the prevention of discrimination and harassment based
on race, color, and national origin in institutions of
elementary and secondary education. The model program shall be
made available to institutions of elementary and secondary
education and to the public online at no cost. This model
program shall regard participants as potential bystanders,
rather than potential offenders, and include, at a minimum,
the following:
(1) a primary focus on preventing discrimination and
harassment based on race, color, and national origin and
retaliation;
(2) an explanation of discrimination and harassment
based on race, color, and national origin and retaliation;
(3) examples of conduct that constitutes

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discrimination and harassment based on race, color, and
national origin and retaliation;
(4) an explanation, with examples, of how patterns of
conduct can, taken together over time, rise to the level
of bullying, harassment, or discrimination;
(5) an explanation of the difference between
discrimination based on disparate treatment and
discrimination based on disparate impact;
(6) a summary of other classes that are protected from
harassment and discrimination, and a statement that
training intended to improve recognition of discrimination
and harassment based on race, color, and national origin
does not diminish protections under the law for other
protected classes;
(7) an explanation of the difference between
harassment as defined under this Act and bullying;
(8) a summary of relevant federal and State statutory
protections and remedies available to victims concerning
discrimination and harassment based on race, color, and
national origin, and retaliation, including, but not
limited to, a summary of this Act's protections from
discrimination, harassment and retaliation in the
following contexts:
(a) students toward other students;
(b) teachers and other employees of an elementary
or secondary school toward students;

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(c) students toward teachers and other employees
of an elementary or secondary school; and
(d) teachers and other employees of an elementary
or secondary school toward other teachers and
employees of an elementary or secondary school.
(9) directions on how to contact the Department if a
school fails to take corrective action to stop the
harassment or discrimination;
(10) a summary of responsibilities of institutions of
elementary or secondary education in the prevention,
investigation, and corrective measures of discrimination,
harassment, and retaliation, including, but not limited
to, explanation of responsibilities in the following
contexts:
(a) students toward other students;
(b) teachers and other employees of an elementary
or secondary school toward students;
(c) students toward teachers and other employees
of an elementary or secondary school; and
(d) teachers and other employees of an elementary
or secondary school toward other teachers and
employees of an elementary or secondary school; and
(11) an explanation of the liability for
discrimination, harassment, and retaliation under this
Act.
(c) Every institution of elementary or secondary education

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in this State shall use the model training program developed
by the Department, establish its own training program that
equals or exceeds the minimum standards set forth in
subsection (b), or use an existing discrimination and
harassment prevention training program that equals or exceeds
the minimum standards set forth in subsection (b). The
training program shall be provided as a component of all new
employee training programs for elementary and secondary
education representatives and to existing representatives at
least once every 2 years. For the purposes of satisfying the
requirements under this Section, the Department's model
program may be used to supplement any existing program an
institution of elementary or secondary education is utilizing
or develops.
(d) Upon notification of a violation of subsection (c),
the Department may launch a preliminary investigation. If the
Department finds a violation of this Section, the Department
may issue a notice to show cause, giving the institution of
elementary or secondary education 30 days to correct the
violation. If the institution of elementary or secondary
education does not correct the violation within 30 days, 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, and 6. It is a civil rights violation

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for a person, or for 2 or more persons, to conspire to:
(A) Retaliation. Retaliate against a person because
that person he or she has:
(i) opposed or reported conduct that the person
that which he or she reasonably and in good faith
believes to be prohibited unlawful discrimination,
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, and 6; , because he or
she has
(ii) made a charge, filed a complaint, testified,
assisted, or participated in an investigation,
proceeding, or hearing under this Act; or , or because
he or she has
(iii) 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;
(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

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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.