Sen. Laura M. Murphy

Filed: 3/24/2023

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 90

2    AMENDMENT NO. ______. Amend Senate Bill 90 by replacing
3everything after the enacting clause with the following:
 
4    "Section 1. This Act may be referred to as the Racism-Free
5Schools Law.
 
6    Section 5. The School Code is amended by changing Sections
710-20.69, 27-23.7, 27A-5, and 34-18.62 as follows:
 
8    (105 ILCS 5/10-20.69)
9    Sec. 10-20.69. Policies Policy on sexual harassment and
10discrimination.
11    (a) Each school district must create, maintain, and
12implement an age-appropriate policy on sexual harassment that
13must be posted on the school district's website and, if
14applicable, any other area where policies, rules, and
15standards of conduct are currently posted in each school and

 

 

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1must also be included in the school district's student code of
2conduct handbook.
3    (b) Each school district must create, implement, and
4maintain an age-appropriate policy on race-related harassment
5and discrimination. This policy must be in compliance with and
6distributed in accordance with Section 5A-103 of the Illinois
7Human Rights Act.
8(Source: P.A. 101-418, eff. 1-1-20; 102-558, eff. 8-20-21.)
 
9    (105 ILCS 5/27-23.7)
10    Sec. 27-23.7. Bullying prevention.
11    (a) The General Assembly finds that a safe and civil
12school environment is necessary for students to learn and
13achieve and that bullying causes physical, psychological, and
14emotional harm to students and interferes with students'
15ability to learn and participate in school activities. The
16General Assembly further finds that bullying has been linked
17to other forms of antisocial behavior, such as vandalism,
18shoplifting, skipping and dropping out of school, fighting,
19using drugs and alcohol, sexual harassment, and sexual
20violence. Because of the negative outcomes associated with
21bullying in schools, the General Assembly finds that school
22districts, charter schools, and non-public, non-sectarian
23elementary and secondary schools should educate students,
24parents, and school district, charter school, or non-public,
25non-sectarian elementary or secondary school personnel about

 

 

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1what behaviors constitute prohibited bullying.
2    Bullying on the basis of actual or perceived race, color,
3religion, sex, national origin, ancestry, age, marital status,
4physical or mental disability, military status, sexual
5orientation, gender-related identity or expression,
6unfavorable discharge from military service, association with
7a person or group with one or more of the aforementioned actual
8or perceived characteristics, or any other distinguishing
9characteristic is prohibited in all school districts, charter
10schools, and non-public, non-sectarian elementary and
11secondary schools. No student shall be subjected to bullying:
12        (1) during any school-sponsored education program or
13    activity;
14        (2) while in school, on school property, on school
15    buses or other school vehicles, at designated school bus
16    stops waiting for the school bus, or at school-sponsored
17    or school-sanctioned events or activities;
18        (3) through the transmission of information from a
19    school computer, a school computer network, or other
20    similar electronic school equipment; or
21        (4) through the transmission of information from a
22    computer that is accessed at a nonschool-related location,
23    activity, function, or program or from the use of
24    technology or an electronic device that is not owned,
25    leased, or used by a school district or school if the
26    bullying causes a substantial disruption to the

 

 

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1    educational process or orderly operation of a school. This
2    item (4) applies only in cases in which a school
3    administrator or teacher receives a report that bullying
4    through this means has occurred and does not require a
5    district or school to staff or monitor any
6    nonschool-related activity, function, or program.
7    (a-5) Nothing in this Section is intended to infringe upon
8any right to exercise free expression or the free exercise of
9religion or religiously based views protected under the First
10Amendment to the United States Constitution or under Section 3
11of Article I of the Illinois Constitution.
12    (b) In this Section:
13    "Bullying" includes "cyber-bullying" and means any severe
14or pervasive physical or verbal act or conduct, including
15communications made in writing or electronically, directed
16toward a student or students that has or can be reasonably
17predicted to have the effect of one or more of the following:
18        (1) placing the student or students in reasonable fear
19    of harm to the student's or students' person or property;
20        (2) causing a substantially detrimental effect on the
21    student's or students' physical or mental health;
22        (3) substantially interfering with the student's or
23    students' academic performance; or
24        (4) substantially interfering with the student's or
25    students' ability to participate in or benefit from the
26    services, activities, or privileges provided by a school.

 

 

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1    Bullying, as defined in this subsection (b), may take
2various forms, including without limitation one or more of the
3following: harassment, threats, intimidation, stalking,
4physical violence, sexual harassment, sexual violence, racial
5harassment, racial violence, theft, public humiliation,
6destruction of property, or retaliation for asserting or
7alleging an act of bullying. This list is meant to be
8illustrative and non-exhaustive.
9    "Cyber-bullying" means bullying through the use of
10technology or any electronic communication, including without
11limitation any transfer of signs, signals, writing, images,
12sounds, data, or intelligence of any nature transmitted in
13whole or in part by a wire, radio, electromagnetic system,
14photoelectronic system, or photooptical system, including
15without limitation electronic mail, Internet communications,
16instant messages, or facsimile communications.
17"Cyber-bullying" includes the creation of a webpage or weblog
18in which the creator assumes the identity of another person or
19the knowing impersonation of another person as the author of
20posted content or messages if the creation or impersonation
21creates any of the effects enumerated in the definition of
22bullying in this Section. "Cyber-bullying" also includes the
23distribution by electronic means of a communication to more
24than one person or the posting of material on an electronic
25medium that may be accessed by one or more persons if the
26distribution or posting creates any of the effects enumerated

 

 

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1in the definition of bullying in this Section.
2    "Policy on bullying" means a bullying prevention policy
3that meets the following criteria:
4        (1) Includes the bullying definition provided in this
5    Section.
6        (1.5) Includes age-appropriate information about the
7    definitions of harassment in elementary, secondary, or
8    higher education and sexual harassment in elementary,
9    secondary, or higher education in accordance with the
10    Illinois Human Rights Act.
11        (1.10) Includes procedures for reporting harassment to
12    school, State, and federal officials and the protections
13    and relief available to victims of harassment under
14    Articles 7A and 8A of the Illinois Human Rights Act and any
15    other applicable State and federal laws.
16        (2) Includes a statement that bullying is contrary to
17    State law and the policy of the school district, charter
18    school, or non-public, non-sectarian elementary or
19    secondary school and is consistent with subsection (a-5)
20    of this Section.
21        (3) Includes procedures for promptly reporting
22    bullying, including, but not limited to, identifying and
23    providing the school e-mail address (if applicable) and
24    school telephone number for the staff person or persons
25    responsible for receiving such reports and a procedure for
26    anonymous reporting; however, this shall not be construed

 

 

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1    to permit formal disciplinary action solely on the basis
2    of an anonymous report.
3        (4) Consistent with federal and State laws and rules
4    governing student privacy rights, includes procedures for
5    promptly informing parents or guardians of all students
6    involved in the alleged incident of bullying and
7    discussing, as appropriate, the availability of social
8    work services, counseling, school psychological services,
9    other interventions, and restorative measures.
10        (5) Contains procedures for promptly investigating and
11    addressing reports of bullying, including the following:
12            (A) Making all reasonable efforts to complete the
13        investigation within 10 school days after the date the
14        report of the incident of bullying was received and
15        taking into consideration additional relevant
16        information received during the course of the
17        investigation about the reported incident of bullying.
18            (B) Involving appropriate school support personnel
19        and other staff persons with knowledge, experience,
20        and training on bullying prevention, as deemed
21        appropriate, in the investigation process and
22        including one or more persons designated by the school
23        with the appropriate knowledge, experience, or
24        training to identify harassment and the authority to
25        implement appropriate procedures and protections in
26        cases of harassment.

 

 

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1            (C) Notifying the principal or school
2        administrator or his or her designee of the report of
3        the incident of bullying as soon as possible after the
4        report is received.
5            (D) Consistent with federal and State laws and
6        rules governing student privacy rights, providing
7        parents and guardians of the students who are parties
8        to the investigation information about the
9        investigation and an opportunity to meet with the
10        principal or school administrator or his or her
11        designee to discuss the investigation, the findings of
12        the investigation, and the actions taken to address
13        the reported incident of bullying.
14        (6) Includes the interventions that can be taken to
15    address bullying, which may include, but are not limited
16    to, school social work services, restorative measures,
17    social-emotional skill building, counseling, school
18    psychological services, and community-based services.
19        (7) Includes a statement prohibiting reprisal or
20    retaliation against any person who reports an act of
21    bullying and the consequences and appropriate remedial
22    actions for a person who engages in reprisal or
23    retaliation.
24        (8) Includes consequences and appropriate remedial
25    actions for a person found to have falsely accused another
26    of bullying as a means of retaliation or as a means of

 

 

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1    bullying.
2        (9) Is based on the engagement of a range of school
3    stakeholders, including students and parents or guardians.
4        (10) Is posted on the school district's, charter
5    school's, or non-public, non-sectarian elementary or
6    secondary school's existing Internet website, is included
7    in the student handbook, and, where applicable, posted
8    where other policies, rules, and standards of conduct are
9    currently posted in the school and provided periodically
10    throughout the school year to students and faculty, and is
11    distributed annually to parents, guardians, students, and
12    school personnel, including new employees when hired.
13        (11) As part of the process of reviewing and
14    re-evaluating the policy under subsection (d) of this
15    Section, contains a policy evaluation process to assess
16    the outcomes and effectiveness of the policy that
17    includes, but is not limited to, factors such as the
18    frequency of victimization; the number and percentages of
19    bullying incidents that also constitute harassment in
20    elementary, secondary, or higher education under the
21    Illinois Human Rights Act; student, staff, and family
22    observations of safety at a school; identification of
23    areas of a school where bullying occurs; the types of
24    bullying utilized; and bystander intervention or
25    participation. The school district, charter school, or
26    non-public, non-sectarian elementary or secondary school

 

 

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1    may use relevant data and information it already collects
2    for other purposes in the policy evaluation. The
3    information developed as a result of the policy evaluation
4    must be made available on the Internet website of the
5    school district, charter school, or non-public,
6    non-sectarian elementary or secondary school. If an
7    Internet website is not available, the information must be
8    provided to school administrators, school board members,
9    school personnel, parents, guardians, and students.
10        (12) Is consistent with the policies of the school
11    board, charter school, or non-public, non-sectarian
12    elementary or secondary school.
13    "Restorative measures" means a continuum of school-based
14alternatives to exclusionary discipline, such as suspensions
15and expulsions, that: (i) are adapted to the particular needs
16of the school and community, (ii) contribute to maintaining
17school safety, (iii) protect the integrity of a positive and
18productive learning climate, (iv) teach students the personal
19and interpersonal skills they will need to be successful in
20school and society, (v) serve to build and restore
21relationships among students, families, schools, and
22communities, (vi) reduce the likelihood of future disruption
23by balancing accountability with an understanding of students'
24behavioral health needs in order to keep students in school,
25and (vii) increase student accountability if the incident of
26bullying is based on religion, race, ethnicity, or any other

 

 

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1category that is identified in the Illinois Human Rights Act.
2    "School personnel" means persons employed by, on contract
3with, or who volunteer in a school district, charter school,
4or non-public, non-sectarian elementary or secondary school,
5including without limitation school and school district
6administrators, teachers, school social workers, school
7counselors, school psychologists, school nurses, cafeteria
8workers, custodians, bus drivers, school resource officers,
9and security guards.
10    (c) (Blank).
11    (d) Each school district, charter school, and non-public,
12non-sectarian elementary or secondary school shall create,
13maintain, and implement a policy on bullying, which policy
14must be filed with the State Board of Education. The policy or
15implementing procedure shall include a process to investigate
16whether a reported act of bullying is within the permissible
17scope of the district's or school's jurisdiction and whether
18the reported act of bullying meets the threshold for
19harassment in elementary, secondary, or higher education under
20the Illinois Human Rights Act and shall require that the
21district or school provide the victim with information
22regarding services that are available within the district and
23community, such as counseling, support services, and other
24programs, and the protections and relief available under
25Articles 7A and 8A of the Illinois Human Rights Act in cases in
26which the reported act of bullying meets the threshold for

 

 

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1harassment in elementary, secondary, or higher education under
2the Illinois Human Rights Act. School personnel available for
3help with a bully or to make a report about bullying shall be
4made known to parents or legal guardians, students, and school
5personnel. Every 2 years, each school district, charter
6school, and non-public, non-sectarian elementary or secondary
7school shall conduct a review and re-evaluation of its policy
8and make any necessary and appropriate revisions, including
9revisions that prevent harassment if appropriate. No later
10than September 30 of the subject year, the policy must be filed
11with the State Board of Education after being updated. The
12State Board of Education shall monitor and provide technical
13support for the implementation of policies created under this
14subsection (d). In monitoring the implementation of the
15policies, the State Board of Education shall review each filed
16policy on bullying to ensure all policies meet the
17requirements set forth in this Section, including ensuring
18that each policy meets the 12 criterion identified within the
19definition of "policy on bullying" set forth in this Section.
20    If a school district, charter school, or non-public,
21non-sectarian elementary or secondary school fails to file a
22policy on bullying by September 30 of the subject year, the
23State Board of Education shall provide a written request for
24filing to the school district, charter school, or non-public,
25non-sectarian elementary or secondary school. If a school
26district, charter school, or non-public, non-sectarian

 

 

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1elementary or secondary school fails to file a policy on
2bullying within 14 days of receipt of the aforementioned
3written request, the State Board of Education shall publish
4notice of the non-compliance on the State Board of Education's
5website.
6    (e) This Section shall not be interpreted to prevent a
7victim from seeking redress under any other available civil or
8criminal law.
9(Source: P.A. 102-197, eff. 7-30-21; 102-241, eff. 8-3-21;
10102-813, eff. 5-13-22; 102-894, eff. 5-20-22.)
 
11    (105 ILCS 5/27A-5)
12    (Text of Section before amendment by P.A. 102-466 and
13102-702)
14    Sec. 27A-5. Charter school; legal entity; requirements.
15    (a) A charter school shall be a public, nonsectarian,
16nonreligious, non-home based, and non-profit school. A charter
17school shall be organized and operated as a nonprofit
18corporation or other discrete, legal, nonprofit entity
19authorized under the laws of the State of Illinois.
20    (b) A charter school may be established under this Article
21by creating a new school or by converting an existing public
22school or attendance center to charter school status.
23Beginning on April 16, 2003 (the effective date of Public Act
2493-3), in all new applications to establish a charter school
25in a city having a population exceeding 500,000, operation of

 

 

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1the charter school shall be limited to one campus. The changes
2made to this Section by Public Act 93-3 do not apply to charter
3schools existing or approved on or before April 16, 2003 (the
4effective date of Public Act 93-3).
5    (b-5) In this subsection (b-5), "virtual-schooling" means
6a cyber school where students engage in online curriculum and
7instruction via the Internet and electronic communication with
8their teachers at remote locations and with students
9participating at different times.
10    From April 1, 2013 through December 31, 2016, there is a
11moratorium on the establishment of charter schools with
12virtual-schooling components in school districts other than a
13school district organized under Article 34 of this Code. This
14moratorium does not apply to a charter school with
15virtual-schooling components existing or approved prior to
16April 1, 2013 or to the renewal of the charter of a charter
17school with virtual-schooling components already approved
18prior to April 1, 2013.
19    (c) A charter school shall be administered and governed by
20its board of directors or other governing body in the manner
21provided in its charter. The governing body of a charter
22school shall be subject to the Freedom of Information Act and
23the Open Meetings Act. No later than January 1, 2021 (one year
24after the effective date of Public Act 101-291), a charter
25school's board of directors or other governing body must
26include at least one parent or guardian of a pupil currently

 

 

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1enrolled in the charter school who may be selected through the
2charter school or a charter network election, appointment by
3the charter school's board of directors or other governing
4body, or by the charter school's Parent Teacher Organization
5or its equivalent.
6    (c-5) No later than January 1, 2021 (one year after the
7effective date of Public Act 101-291) or within the first year
8of his or her first term, every voting member of a charter
9school's board of directors or other governing body shall
10complete a minimum of 4 hours of professional development
11leadership training to ensure that each member has sufficient
12familiarity with the board's or governing body's role and
13responsibilities, including financial oversight and
14accountability of the school, evaluating the principal's and
15school's performance, adherence to the Freedom of Information
16Act and the Open Meetings Act, and compliance with education
17and labor law. In each subsequent year of his or her term, a
18voting member of a charter school's board of directors or
19other governing body shall complete a minimum of 2 hours of
20professional development training in these same areas. The
21training under this subsection may be provided or certified by
22a statewide charter school membership association or may be
23provided or certified by other qualified providers approved by
24the State Board of Education.
25    (d) For purposes of this subsection (d), "non-curricular
26health and safety requirement" means any health and safety

 

 

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1requirement created by statute or rule to provide, maintain,
2preserve, or safeguard safe or healthful conditions for
3students and school personnel or to eliminate, reduce, or
4prevent threats to the health and safety of students and
5school personnel. "Non-curricular health and safety
6requirement" does not include any course of study or
7specialized instructional requirement for which the State
8Board has established goals and learning standards or which is
9designed primarily to impart knowledge and skills for students
10to master and apply as an outcome of their education.
11    A charter school shall comply with all non-curricular
12health and safety requirements applicable to public schools
13under the laws of the State of Illinois. On or before September
141, 2015, the State Board shall promulgate and post on its
15Internet website a list of non-curricular health and safety
16requirements that a charter school must meet. The list shall
17be updated annually no later than September 1. Any charter
18contract between a charter school and its authorizer must
19contain a provision that requires the charter school to follow
20the list of all non-curricular health and safety requirements
21promulgated by the State Board and any non-curricular health
22and safety requirements added by the State Board to such list
23during the term of the charter. Nothing in this subsection (d)
24precludes an authorizer from including non-curricular health
25and safety requirements in a charter school contract that are
26not contained in the list promulgated by the State Board,

 

 

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1including non-curricular health and safety requirements of the
2authorizing local school board.
3    (e) Except as otherwise provided in the School Code, a
4charter school shall not charge tuition; provided that a
5charter school may charge reasonable fees for textbooks,
6instructional materials, and student activities.
7    (f) A charter school shall be responsible for the
8management and operation of its fiscal affairs, including, but
9not limited to, the preparation of its budget. An audit of each
10charter school's finances shall be conducted annually by an
11outside, independent contractor retained by the charter
12school. The contractor shall not be an employee of the charter
13school or affiliated with the charter school or its authorizer
14in any way, other than to audit the charter school's finances.
15To ensure financial accountability for the use of public
16funds, on or before December 1 of every year of operation, each
17charter school shall submit to its authorizer and the State
18Board a copy of its audit and a copy of the Form 990 the
19charter school filed that year with the federal Internal
20Revenue Service. In addition, if deemed necessary for proper
21financial oversight of the charter school, an authorizer may
22require quarterly financial statements from each charter
23school.
24    (g) A charter school shall comply with all provisions of
25this Article, the Illinois Educational Labor Relations Act,
26all federal and State laws and rules applicable to public

 

 

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1schools that pertain to special education and the instruction
2of English learners, and its charter. A charter school is
3exempt from all other State laws and regulations in this Code
4governing public schools and local school board policies;
5however, a charter school is not exempt from the following:
6        (1) Sections 10-21.9 and 34-18.5 of this Code
7    regarding criminal history records checks and checks of
8    the Statewide Sex Offender Database and Statewide Murderer
9    and Violent Offender Against Youth Database of applicants
10    for employment;
11        (2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and
12    34-84a of this Code regarding discipline of students;
13        (3) the Local Governmental and Governmental Employees
14    Tort Immunity Act;
15        (4) Section 108.75 of the General Not For Profit
16    Corporation Act of 1986 regarding indemnification of
17    officers, directors, employees, and agents;
18        (5) the Abused and Neglected Child Reporting Act;
19        (5.5) subsection (b) of Section 10-23.12 and
20    subsection (b) of Section 34-18.6 of this Code;
21        (6) the Illinois School Student Records Act;
22        (7) Section 10-17a of this Code regarding school
23    report cards;
24        (8) the P-20 Longitudinal Education Data System Act;
25        (9) Section 27-23.7 of this Code regarding bullying
26    prevention;

 

 

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1        (10) Section 2-3.162 of this Code regarding student
2    discipline reporting;
3        (11) Sections 22-80 and 27-8.1 of this Code;
4        (12) Sections 10-20.60 and 34-18.53 of this Code;
5        (13) Sections 10-20.63 and 34-18.56 of this Code;
6        (14) Sections 22-90 and 26-18 of this Code;
7        (15) Section 22-30 of this Code;
8        (16) Sections 24-12 and 34-85 of this Code;
9        (17) the Seizure Smart School Act;
10        (18) Section 2-3.64a-10 of this Code;
11        (19) Sections 10-20.73 and 34-21.9 of this Code;
12        (20) Section 10-22.25b of this Code;
13        (21) Section 27-9.1a of this Code;
14        (22) Section 27-9.1b of this Code;
15        (23) Section 34-18.8 of this Code;
16        (25) Section 2-3.188 of this Code;
17        (26) Section 22-85.5 of this Code;
18        (27) subsections Subsections (d-10), (d-15), and
19    (d-20) of Section 10-20.56 of this Code; and
20        (28) Sections 10-20.83 and 34-18.78 of this Code; .
21        (29) (27) Section 10-20.13 of this Code;
22        (30) (28) Section 28-19.2 of this Code; and
23        (31) (29) Section 34-21.6 of this Code; and .
24        (33) Sections 10-20.69 and 34-18.62 of this Code.
25    The change made by Public Act 96-104 to this subsection
26(g) is declaratory of existing law.

 

 

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1    (h) A charter school may negotiate and contract with a
2school district, the governing body of a State college or
3university or public community college, or any other public or
4for-profit or nonprofit private entity for: (i) the use of a
5school building and grounds or any other real property or
6facilities that the charter school desires to use or convert
7for use as a charter school site, (ii) the operation and
8maintenance thereof, and (iii) the provision of any service,
9activity, or undertaking that the charter school is required
10to perform in order to carry out the terms of its charter.
11However, a charter school that is established on or after
12April 16, 2003 (the effective date of Public Act 93-3) and that
13operates in a city having a population exceeding 500,000 may
14not contract with a for-profit entity to manage or operate the
15school during the period that commences on April 16, 2003 (the
16effective date of Public Act 93-3) and concludes at the end of
17the 2004-2005 school year. Except as provided in subsection
18(i) of this Section, a school district may charge a charter
19school reasonable rent for the use of the district's
20buildings, grounds, and facilities. Any services for which a
21charter school contracts with a school district shall be
22provided by the district at cost. Any services for which a
23charter school contracts with a local school board or with the
24governing body of a State college or university or public
25community college shall be provided by the public entity at
26cost.

 

 

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1    (i) In no event shall a charter school that is established
2by converting an existing school or attendance center to
3charter school status be required to pay rent for space that is
4deemed available, as negotiated and provided in the charter
5agreement, in school district facilities. However, all other
6costs for the operation and maintenance of school district
7facilities that are used by the charter school shall be
8subject to negotiation between the charter school and the
9local school board and shall be set forth in the charter.
10    (j) A charter school may limit student enrollment by age
11or grade level.
12    (k) If the charter school is approved by the State Board or
13Commission, then the charter school is its own local education
14agency.
15(Source: P.A. 101-50, eff. 7-1-20; 101-81, eff. 7-12-19;
16101-291, eff. 1-1-20; 101-531, eff. 8-23-19; 101-543, eff.
178-23-19; 101-654, eff. 3-8-21; 102-51, eff. 7-9-21; 102-157,
18eff. 7-1-22; 102-360, eff. 1-1-22; 102-445, eff. 8-20-21;
19102-522, eff. 8-20-21; 102-558, eff. 8-20-21; 102-676, eff.
2012-3-21; 102-697, eff. 4-5-22; 102-805, eff. 1-1-23; 102-813,
21eff. 5-13-22; revised 12-13-22.)
 
22    (Text of Section after amendment by P.A. 102-702 but
23before amendment by P.A. 102-466)
24    Sec. 27A-5. Charter school; legal entity; requirements.
25    (a) A charter school shall be a public, nonsectarian,

 

 

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1nonreligious, non-home based, and non-profit school. A charter
2school shall be organized and operated as a nonprofit
3corporation or other discrete, legal, nonprofit entity
4authorized under the laws of the State of Illinois.
5    (b) A charter school may be established under this Article
6by creating a new school or by converting an existing public
7school or attendance center to charter school status.
8Beginning on April 16, 2003 (the effective date of Public Act
993-3), in all new applications to establish a charter school
10in a city having a population exceeding 500,000, operation of
11the charter school shall be limited to one campus. The changes
12made to this Section by Public Act 93-3 do not apply to charter
13schools existing or approved on or before April 16, 2003 (the
14effective date of Public Act 93-3).
15    (b-5) In this subsection (b-5), "virtual-schooling" means
16a cyber school where students engage in online curriculum and
17instruction via the Internet and electronic communication with
18their teachers at remote locations and with students
19participating at different times.
20    From April 1, 2013 through December 31, 2016, there is a
21moratorium on the establishment of charter schools with
22virtual-schooling components in school districts other than a
23school district organized under Article 34 of this Code. This
24moratorium does not apply to a charter school with
25virtual-schooling components existing or approved prior to
26April 1, 2013 or to the renewal of the charter of a charter

 

 

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1school with virtual-schooling components already approved
2prior to April 1, 2013.
3    (c) A charter school shall be administered and governed by
4its board of directors or other governing body in the manner
5provided in its charter. The governing body of a charter
6school shall be subject to the Freedom of Information Act and
7the Open Meetings Act. No later than January 1, 2021 (one year
8after the effective date of Public Act 101-291), a charter
9school's board of directors or other governing body must
10include at least one parent or guardian of a pupil currently
11enrolled in the charter school who may be selected through the
12charter school or a charter network election, appointment by
13the charter school's board of directors or other governing
14body, or by the charter school's Parent Teacher Organization
15or its equivalent.
16    (c-5) No later than January 1, 2021 (one year after the
17effective date of Public Act 101-291) or within the first year
18of his or her first term, every voting member of a charter
19school's board of directors or other governing body shall
20complete a minimum of 4 hours of professional development
21leadership training to ensure that each member has sufficient
22familiarity with the board's or governing body's role and
23responsibilities, including financial oversight and
24accountability of the school, evaluating the principal's and
25school's performance, adherence to the Freedom of Information
26Act and the Open Meetings Act, and compliance with education

 

 

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1and labor law. In each subsequent year of his or her term, a
2voting member of a charter school's board of directors or
3other governing body shall complete a minimum of 2 hours of
4professional development training in these same areas. The
5training under this subsection may be provided or certified by
6a statewide charter school membership association or may be
7provided or certified by other qualified providers approved by
8the State Board of Education.
9    (d) For purposes of this subsection (d), "non-curricular
10health and safety requirement" means any health and safety
11requirement created by statute or rule to provide, maintain,
12preserve, or safeguard safe or healthful conditions for
13students and school personnel or to eliminate, reduce, or
14prevent threats to the health and safety of students and
15school personnel. "Non-curricular health and safety
16requirement" does not include any course of study or
17specialized instructional requirement for which the State
18Board has established goals and learning standards or which is
19designed primarily to impart knowledge and skills for students
20to master and apply as an outcome of their education.
21    A charter school shall comply with all non-curricular
22health and safety requirements applicable to public schools
23under the laws of the State of Illinois. On or before September
241, 2015, the State Board shall promulgate and post on its
25Internet website a list of non-curricular health and safety
26requirements that a charter school must meet. The list shall

 

 

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1be updated annually no later than September 1. Any charter
2contract between a charter school and its authorizer must
3contain a provision that requires the charter school to follow
4the list of all non-curricular health and safety requirements
5promulgated by the State Board and any non-curricular health
6and safety requirements added by the State Board to such list
7during the term of the charter. Nothing in this subsection (d)
8precludes an authorizer from including non-curricular health
9and safety requirements in a charter school contract that are
10not contained in the list promulgated by the State Board,
11including non-curricular health and safety requirements of the
12authorizing local school board.
13    (e) Except as otherwise provided in the School Code, a
14charter school shall not charge tuition; provided that a
15charter school may charge reasonable fees for textbooks,
16instructional materials, and student activities.
17    (f) A charter school shall be responsible for the
18management and operation of its fiscal affairs, including, but
19not limited to, the preparation of its budget. An audit of each
20charter school's finances shall be conducted annually by an
21outside, independent contractor retained by the charter
22school. The contractor shall not be an employee of the charter
23school or affiliated with the charter school or its authorizer
24in any way, other than to audit the charter school's finances.
25To ensure financial accountability for the use of public
26funds, on or before December 1 of every year of operation, each

 

 

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1charter school shall submit to its authorizer and the State
2Board a copy of its audit and a copy of the Form 990 the
3charter school filed that year with the federal Internal
4Revenue Service. In addition, if deemed necessary for proper
5financial oversight of the charter school, an authorizer may
6require quarterly financial statements from each charter
7school.
8    (g) A charter school shall comply with all provisions of
9this Article, the Illinois Educational Labor Relations Act,
10all federal and State laws and rules applicable to public
11schools that pertain to special education and the instruction
12of English learners, and its charter. A charter school is
13exempt from all other State laws and regulations in this Code
14governing public schools and local school board policies;
15however, a charter school is not exempt from the following:
16        (1) Sections 10-21.9 and 34-18.5 of this Code
17    regarding criminal history records checks and checks of
18    the Statewide Sex Offender Database and Statewide Murderer
19    and Violent Offender Against Youth Database of applicants
20    for employment;
21        (2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and
22    34-84a of this Code regarding discipline of students;
23        (3) the Local Governmental and Governmental Employees
24    Tort Immunity Act;
25        (4) Section 108.75 of the General Not For Profit
26    Corporation Act of 1986 regarding indemnification of

 

 

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1    officers, directors, employees, and agents;
2        (5) the Abused and Neglected Child Reporting Act;
3        (5.5) subsection (b) of Section 10-23.12 and
4    subsection (b) of Section 34-18.6 of this Code;
5        (6) the Illinois School Student Records Act;
6        (7) Section 10-17a of this Code regarding school
7    report cards;
8        (8) the P-20 Longitudinal Education Data System Act;
9        (9) Section 27-23.7 of this Code regarding bullying
10    prevention;
11        (10) Section 2-3.162 of this Code regarding student
12    discipline reporting;
13        (11) Sections 22-80 and 27-8.1 of this Code;
14        (12) Sections 10-20.60 and 34-18.53 of this Code;
15        (13) Sections 10-20.63 and 34-18.56 of this Code;
16        (14) Sections 22-90 and 26-18 of this Code;
17        (15) Section 22-30 of this Code;
18        (16) Sections 24-12 and 34-85 of this Code;
19        (17) the Seizure Smart School Act;
20        (18) Section 2-3.64a-10 of this Code;
21        (19) Sections 10-20.73 and 34-21.9 of this Code;
22        (20) Section 10-22.25b of this Code;
23        (21) Section 27-9.1a of this Code;
24        (22) Section 27-9.1b of this Code;
25        (23) Section 34-18.8 of this Code; and
26        (25) Section 2-3.188 of this Code;

 

 

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1        (26) Section 22-85.5 of this Code;
2        (27) subsections Subsections (d-10), (d-15), and
3    (d-20) of Section 10-20.56 of this Code; and
4        (28) Sections 10-20.83 and 34-18.78 of this Code; .
5        (29) (27) Section 10-20.13 of this Code;
6        (30) (28) Section 28-19.2 of this Code; and
7        (31) (29) Section 34-21.6 of this Code; .
8        (32) (25) Section 22-85.10 of this Code; and .
9        (33) Sections 10-20.69 and 34-18.62 of this Code.
10    The change made by Public Act 96-104 to this subsection
11(g) is declaratory of existing law.
12    (h) A charter school may negotiate and contract with a
13school district, the governing body of a State college or
14university or public community college, or any other public or
15for-profit or nonprofit private entity for: (i) the use of a
16school building and grounds or any other real property or
17facilities that the charter school desires to use or convert
18for use as a charter school site, (ii) the operation and
19maintenance thereof, and (iii) the provision of any service,
20activity, or undertaking that the charter school is required
21to perform in order to carry out the terms of its charter.
22However, a charter school that is established on or after
23April 16, 2003 (the effective date of Public Act 93-3) and that
24operates in a city having a population exceeding 500,000 may
25not contract with a for-profit entity to manage or operate the
26school during the period that commences on April 16, 2003 (the

 

 

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1effective date of Public Act 93-3) and concludes at the end of
2the 2004-2005 school year. Except as provided in subsection
3(i) of this Section, a school district may charge a charter
4school reasonable rent for the use of the district's
5buildings, grounds, and facilities. Any services for which a
6charter school contracts with a school district shall be
7provided by the district at cost. Any services for which a
8charter school contracts with a local school board or with the
9governing body of a State college or university or public
10community college shall be provided by the public entity at
11cost.
12    (i) In no event shall a charter school that is established
13by converting an existing school or attendance center to
14charter school status be required to pay rent for space that is
15deemed available, as negotiated and provided in the charter
16agreement, in school district facilities. However, all other
17costs for the operation and maintenance of school district
18facilities that are used by the charter school shall be
19subject to negotiation between the charter school and the
20local school board and shall be set forth in the charter.
21    (j) A charter school may limit student enrollment by age
22or grade level.
23    (k) If the charter school is approved by the State Board or
24Commission, then the charter school is its own local education
25agency.
26(Source: P.A. 101-50, eff. 7-1-20; 101-81, eff. 7-12-19;

 

 

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1101-291, eff. 1-1-20; 101-531, eff. 8-23-19; 101-543, eff.
28-23-19; 101-654, eff. 3-8-21; 102-51, eff. 7-9-21; 102-157,
3eff. 7-1-22; 102-360, eff. 1-1-22; 102-445, eff. 8-20-21;
4102-522, eff. 8-20-21; 102-558, eff. 8-20-21; 102-676, eff.
512-3-21; 102-697, eff. 4-5-22; 102-702, eff. 7-1-23; 102-805,
6eff. 1-1-23; 102-813, eff. 5-13-22; revised 12-13-22.)
 
7    (Text of Section after amendment by P.A. 102-466)
8    Sec. 27A-5. Charter school; legal entity; requirements.
9    (a) A charter school shall be a public, nonsectarian,
10nonreligious, non-home based, and non-profit school. A charter
11school shall be organized and operated as a nonprofit
12corporation or other discrete, legal, nonprofit entity
13authorized under the laws of the State of Illinois.
14    (b) A charter school may be established under this Article
15by creating a new school or by converting an existing public
16school or attendance center to charter school status.
17Beginning on April 16, 2003 (the effective date of Public Act
1893-3), in all new applications to establish a charter school
19in a city having a population exceeding 500,000, operation of
20the charter school shall be limited to one campus. The changes
21made to this Section by Public Act 93-3 do not apply to charter
22schools existing or approved on or before April 16, 2003 (the
23effective date of Public Act 93-3).
24    (b-5) In this subsection (b-5), "virtual-schooling" means
25a cyber school where students engage in online curriculum and

 

 

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1instruction via the Internet and electronic communication with
2their teachers at remote locations and with students
3participating at different times.
4    From April 1, 2013 through December 31, 2016, there is a
5moratorium on the establishment of charter schools with
6virtual-schooling components in school districts other than a
7school district organized under Article 34 of this Code. This
8moratorium does not apply to a charter school with
9virtual-schooling components existing or approved prior to
10April 1, 2013 or to the renewal of the charter of a charter
11school with virtual-schooling components already approved
12prior to April 1, 2013.
13    (c) A charter school shall be administered and governed by
14its board of directors or other governing body in the manner
15provided in its charter. The governing body of a charter
16school shall be subject to the Freedom of Information Act and
17the Open Meetings Act. No later than January 1, 2021 (one year
18after the effective date of Public Act 101-291), a charter
19school's board of directors or other governing body must
20include at least one parent or guardian of a pupil currently
21enrolled in the charter school who may be selected through the
22charter school or a charter network election, appointment by
23the charter school's board of directors or other governing
24body, or by the charter school's Parent Teacher Organization
25or its equivalent.
26    (c-5) No later than January 1, 2021 (one year after the

 

 

10300SB0090sam001- 32 -LRB103 05472 RJT 59867 a

1effective date of Public Act 101-291) or within the first year
2of his or her first term, every voting member of a charter
3school's board of directors or other governing body shall
4complete a minimum of 4 hours of professional development
5leadership training to ensure that each member has sufficient
6familiarity with the board's or governing body's role and
7responsibilities, including financial oversight and
8accountability of the school, evaluating the principal's and
9school's performance, adherence to the Freedom of Information
10Act and the Open Meetings Act, and compliance with education
11and labor law. In each subsequent year of his or her term, a
12voting member of a charter school's board of directors or
13other governing body shall complete a minimum of 2 hours of
14professional development training in these same areas. The
15training under this subsection may be provided or certified by
16a statewide charter school membership association or may be
17provided or certified by other qualified providers approved by
18the State Board of Education.
19    (d) For purposes of this subsection (d), "non-curricular
20health and safety requirement" means any health and safety
21requirement created by statute or rule to provide, maintain,
22preserve, or safeguard safe or healthful conditions for
23students and school personnel or to eliminate, reduce, or
24prevent threats to the health and safety of students and
25school personnel. "Non-curricular health and safety
26requirement" does not include any course of study or

 

 

10300SB0090sam001- 33 -LRB103 05472 RJT 59867 a

1specialized instructional requirement for which the State
2Board has established goals and learning standards or which is
3designed primarily to impart knowledge and skills for students
4to master and apply as an outcome of their education.
5    A charter school shall comply with all non-curricular
6health and safety requirements applicable to public schools
7under the laws of the State of Illinois. On or before September
81, 2015, the State Board shall promulgate and post on its
9Internet website a list of non-curricular health and safety
10requirements that a charter school must meet. The list shall
11be updated annually no later than September 1. Any charter
12contract between a charter school and its authorizer must
13contain a provision that requires the charter school to follow
14the list of all non-curricular health and safety requirements
15promulgated by the State Board and any non-curricular health
16and safety requirements added by the State Board to such list
17during the term of the charter. Nothing in this subsection (d)
18precludes an authorizer from including non-curricular health
19and safety requirements in a charter school contract that are
20not contained in the list promulgated by the State Board,
21including non-curricular health and safety requirements of the
22authorizing local school board.
23    (e) Except as otherwise provided in the School Code, a
24charter school shall not charge tuition; provided that a
25charter school may charge reasonable fees for textbooks,
26instructional materials, and student activities.

 

 

10300SB0090sam001- 34 -LRB103 05472 RJT 59867 a

1    (f) A charter school shall be responsible for the
2management and operation of its fiscal affairs, including, but
3not limited to, the preparation of its budget. An audit of each
4charter school's finances shall be conducted annually by an
5outside, independent contractor retained by the charter
6school. The contractor shall not be an employee of the charter
7school or affiliated with the charter school or its authorizer
8in any way, other than to audit the charter school's finances.
9To ensure financial accountability for the use of public
10funds, on or before December 1 of every year of operation, each
11charter school shall submit to its authorizer and the State
12Board a copy of its audit and a copy of the Form 990 the
13charter school filed that year with the federal Internal
14Revenue Service. In addition, if deemed necessary for proper
15financial oversight of the charter school, an authorizer may
16require quarterly financial statements from each charter
17school.
18    (g) A charter school shall comply with all provisions of
19this Article, the Illinois Educational Labor Relations Act,
20all federal and State laws and rules applicable to public
21schools that pertain to special education and the instruction
22of English learners, and its charter. A charter school is
23exempt from all other State laws and regulations in this Code
24governing public schools and local school board policies;
25however, a charter school is not exempt from the following:
26        (1) Sections 10-21.9 and 34-18.5 of this Code

 

 

10300SB0090sam001- 35 -LRB103 05472 RJT 59867 a

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

 

 

10300SB0090sam001- 36 -LRB103 05472 RJT 59867 a

1        (15) Section 22-30 of this Code;
2        (16) Sections 24-12 and 34-85 of this Code;
3        (17) the Seizure Smart School Act;
4        (18) Section 2-3.64a-10 of this Code;
5        (19) Sections 10-20.73 and 34-21.9 of this Code;
6        (20) Section 10-22.25b of this Code;
7        (21) Section 27-9.1a of this Code;
8        (22) Section 27-9.1b of this Code;
9        (23) Section 34-18.8 of this Code;
10        (24) Article 26A of this Code; and
11        (25) Section 2-3.188 of this Code;
12        (26) Section 22-85.5 of this Code;
13        (27) subsections Subsections (d-10), (d-15), and
14    (d-20) of Section 10-20.56 of this Code; and
15        (28) Sections 10-20.83 and 34-18.78 of this Code; .
16        (29) (27) Section 10-20.13 of this Code;
17        (30) (28) Section 28-19.2 of this Code; and
18        (31) (29) Section 34-21.6 of this Code.
19        (32) (25) Section 22-85.10 of this Code; and .
20        (33) Sections 10-20.69 and 34-18.62 of this Code.
21    The change made by Public Act 96-104 to this subsection
22(g) is declaratory of existing law.
23    (h) A charter school may negotiate and contract with a
24school district, the governing body of a State college or
25university or public community college, or any other public or
26for-profit or nonprofit private entity for: (i) the use of a

 

 

10300SB0090sam001- 37 -LRB103 05472 RJT 59867 a

1school building and grounds or any other real property or
2facilities that the charter school desires to use or convert
3for use as a charter school site, (ii) the operation and
4maintenance thereof, and (iii) the provision of any service,
5activity, or undertaking that the charter school is required
6to perform in order to carry out the terms of its charter.
7However, a charter school that is established on or after
8April 16, 2003 (the effective date of Public Act 93-3) and that
9operates in a city having a population exceeding 500,000 may
10not contract with a for-profit entity to manage or operate the
11school during the period that commences on April 16, 2003 (the
12effective date of Public Act 93-3) and concludes at the end of
13the 2004-2005 school year. Except as provided in subsection
14(i) of this Section, a school district may charge a charter
15school reasonable rent for the use of the district's
16buildings, grounds, and facilities. Any services for which a
17charter school contracts with a school district shall be
18provided by the district at cost. Any services for which a
19charter school contracts with a local school board or with the
20governing body of a State college or university or public
21community college shall be provided by the public entity at
22cost.
23    (i) In no event shall a charter school that is established
24by converting an existing school or attendance center to
25charter school status be required to pay rent for space that is
26deemed available, as negotiated and provided in the charter

 

 

10300SB0090sam001- 38 -LRB103 05472 RJT 59867 a

1agreement, in school district facilities. However, all other
2costs for the operation and maintenance of school district
3facilities that are used by the charter school shall be
4subject to negotiation between the charter school and the
5local school board and shall be set forth in the charter.
6    (j) A charter school may limit student enrollment by age
7or grade level.
8    (k) If the charter school is approved by the State Board or
9Commission, then the charter school is its own local education
10agency.
11(Source: P.A. 101-50, eff. 7-1-20; 101-81, eff. 7-12-19;
12101-291, eff. 1-1-20; 101-531, eff. 8-23-19; 101-543, eff.
138-23-19; 101-654, eff. 3-8-21; 102-51, eff. 7-9-21; 102-157,
14eff. 7-1-22; 102-360, eff. 1-1-22; 102-445, eff. 8-20-21;
15102-466, eff. 7-1-25; 102-522, eff. 8-20-21; 102-558, eff.
168-20-21; 102-676, eff. 12-3-21; 102-697, eff. 4-5-22; 102-702,
17eff. 7-1-23; 102-805, eff. 1-1-23; 102-813, eff. 5-13-22;
18revised 12-13-22.)
 
19    (105 ILCS 5/34-18.62)
20    Sec. 34-18.62. Policies Policy on sexual harassment and
21discrimination.
22    (a) The school district must create, maintain, and
23implement an age-appropriate policy on sexual harassment that
24must be posted on the school district's website and, if
25applicable, any other area where policies, rules, and

 

 

10300SB0090sam001- 39 -LRB103 05472 RJT 59867 a

1standards of conduct are currently posted in each school and
2must also be included in the school district's student code of
3conduct handbook.
4    (b) The school district must create, implement, and
5maintain an age-appropriate policy on race-related harassment
6and discrimination. This policy must be in compliance with and
7distributed in accordance with Section 5A-103 of the Illinois
8Human Rights Act.
9(Source: P.A. 101-418, eff. 1-1-20; 102-558, eff. 8-20-21.)
 
10    Section 10. The Illinois Human Rights Act is amended by
11changing Sections 1-102, 5A-101, 5A-102, and 6-101 and by
12adding Section 5A-103 as follows:
 
13    (775 ILCS 5/1-102)  (from Ch. 68, par. 1-102)
14    Sec. 1-102. Declaration of Policy. It is the public
15policy of this State:
16    (A) Freedom from Unlawful Discrimination. To secure for
17all individuals within Illinois the freedom from
18discrimination against any individual because of his or her
19race, color, religion, sex, national origin, ancestry, age,
20order of protection status, marital status, physical or mental
21disability, military status, sexual orientation, pregnancy, or
22unfavorable discharge from military service in connection with
23employment, real estate transactions, access to financial
24credit, and the availability of public accommodations,

 

 

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1including elementary, secondary, and higher education
2institutions.
3    (B) Freedom from Sexual Harassment-Employment and
4Elementary, Secondary, and Higher Education. To prevent sexual
5harassment in employment and sexual harassment in elementary,
6secondary, and higher education.
7    (C) Freedom from Discrimination Based on Citizenship
8Status-Employment. To prevent discrimination based on
9citizenship status in employment.
10    (C-5) Freedom from Discrimination Based on Work
11Authorization Status-Employment. To prevent discrimination
12based on the specific status or term of status that
13accompanies a legal work authorization.
14    (D) Freedom from Discrimination Based on Familial Status
15or Source of Income-Real Estate Transactions. To prevent
16discrimination based on familial status or source of income in
17real estate transactions.
18    (E) Public Health, Welfare and Safety. To promote the
19public health, welfare and safety by protecting the interest
20of all people in Illinois in maintaining personal dignity, in
21realizing their full productive capacities, and in furthering
22their interests, rights and privileges as citizens of this
23State.
24    (F) Implementation of Constitutional Guarantees. To secure
25and guarantee the rights established by Sections 17, 18 and 19
26of Article I of the Illinois Constitution of 1970.

 

 

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1    (G) Equal Opportunity, Affirmative Action. To establish
2Equal Opportunity and Affirmative Action as the policies of
3this State in all of its decisions, programs and activities,
4and to assure that all State departments, boards, commissions
5and instrumentalities rigorously take affirmative action to
6provide equality of opportunity and eliminate the effects of
7past discrimination in the internal affairs of State
8government and in their relations with the public.
9    (H) Unfounded Charges. To protect citizens of this State
10against unfounded charges of unlawful discrimination, sexual
11harassment in employment and sexual harassment in elementary,
12secondary, and higher education, race-related harassment in
13elementary, secondary, and higher education and discrimination
14based on citizenship status or work authorization status in
15employment.
16(Source: P.A. 102-233, eff. 8-2-21; 102-896, eff. 1-1-23.)
 
17    (775 ILCS 5/5A-101)  (from Ch. 68, par. 5A-101)
18    Sec. 5A-101. Definitions. The following definitions are
19applicable strictly in the content of this Article, except
20that the terms term "sexual harassment in elementary,
21secondary, and higher education" and "race related harassment
22in elementary, secondary, and higher education" as defined
23herein have has the meaning herein ascribed to those terms it
24whenever those terms are that term is used anywhere in this
25Act.

 

 

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1    (A) Institution of Elementary, Secondary, or Higher
2Education. "Institution of elementary, secondary, or higher
3education" means: (1) a publicly or privately operated
4university, college, community college, junior college,
5business or vocational school, or other educational
6institution offering degrees and instruction beyond the
7secondary school level; or (2) a publicly or privately
8operated elementary school or secondary school.
9    (B) Degree. "Degree" means: (1) a designation,
10appellation, series of letters or words or other symbols which
11signifies or purports to signify that the recipient thereof
12has satisfactorily completed an organized academic, business
13or vocational program of study offered beyond the secondary
14school level; or (2) a designation signifying that the
15recipient has graduated from an elementary school or secondary
16school.
17    (C) Student. "Student" means any individual admitted to or
18applying for admission to an institution of elementary,
19secondary, or higher education, or enrolled on a full or part
20time basis in a course or program of academic, business or
21vocational instruction offered by or through an institution of
22elementary, secondary, or higher education.
23    (D) Elementary, Secondary, or Higher Education
24Representative. "Elementary, secondary, or higher education
25representative" means and includes the president, chancellor
26or other holder of any executive office on the administrative

 

 

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1staff of an institution of higher education, an administrator
2of an elementary school or secondary school, a member of the
3faculty of an institution of higher education, including but
4not limited to a dean or associate or assistant dean, a
5professor or associate or assistant professor, and a full or
6part time instructor or visiting professor, including a
7graduate assistant or other student who is employed on a
8temporary basis of less than full time as a teacher or
9instructor of any course or program of academic, business or
10vocational instruction offered by or through an institution of
11higher education, and any teacher, instructor, or other
12employee of an elementary school or secondary school.
13    (E) Sexual Harassment in Elementary, Secondary, and Higher
14Education. "Sexual harassment in elementary, secondary, and
15higher education" means any unwelcome sexual advances or
16requests for sexual favors made by an elementary, secondary,
17or higher education representative to a student, or any
18conduct of a sexual nature exhibited by an elementary,
19secondary, or higher education representative toward a
20student, when such conduct has the purpose of substantially
21interfering with the student's educational performance or
22creating an intimidating, hostile or offensive educational
23environment; or when the elementary, secondary, or higher
24education representative either explicitly or implicitly makes
25the student's submission to such conduct a term or condition
26of, or uses the student's submission to or rejection of such

 

 

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1conduct as a basis for determining:
2        (1) Whether the student will be admitted to an
3    institution of elementary, secondary, or higher education;
4        (2) The educational performance required or expected
5    of the student;
6        (3) The attendance or assignment requirements
7    applicable to the student;
8        (4) To what courses, fields of study or programs,
9    including honors and graduate programs, the student will
10    be admitted;
11        (5) What placement or course proficiency requirements
12    are applicable to the student;
13        (6) The quality of instruction the student will
14    receive;
15        (7) What tuition or fee requirements are applicable to
16    the student;
17        (8) What scholarship opportunities are available to
18    the student;
19        (9) What extracurricular teams the student will be a
20    member of or in what extracurricular competitions the
21    student will participate;
22        (10) Any grade the student will receive in any
23    examination or in any course or program of instruction in
24    which the student is enrolled;
25        (11) The progress of the student toward successful
26    completion of or graduation from any course or program of

 

 

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1    instruction in which the student is enrolled; or
2        (12) What degree, if any, the student will receive.
3    (F) Race-Related Harassment in Elementary, Secondary, or
4Higher Education. "Race-related harassment in elementary,
5secondary, or higher education" means any unwelcome conduct on
6the basis of an individual's actual or perceived race, color,
7or national origin, that has the purpose or effect of
8substantially interfering with the individual's academic
9performance or creating an intimidating, hostile, or offensive
10academic environment. For purposes of this definition, the
11phrase "academic environment" is not limited to a physical
12location that an employee is assigned to in order to perform
13his or her duties.
14(Source: P.A. 96-1319, eff. 7-27-10.)
 
15    (775 ILCS 5/5A-102)  (from Ch. 68, par. 5A-102)
16    Sec. 5A-102. Civil Rights Violations-Elementary,
17Secondary, and Higher Education. It is a civil rights
18violation:
19    (A) Sexual Harassment-Elementary Elementary, Secondary, or
20Higher Education Representative. For any elementary,
21secondary, or higher education representative to commit or
22engage in sexual harassment in elementary, secondary, or
23higher education.
24    (B) Sexual Harassment-Institution Institution of
25Elementary, Secondary, or Higher Education. For any

 

 

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1institution of elementary, secondary, or higher education to
2fail to take remedial action, or to fail to take appropriate
3disciplinary action against an elementary, secondary, or
4higher education representative employed by such institution,
5when such institution knows that such elementary, secondary,
6or higher education representative was committing or engaging
7in or committed or engaged in sexual harassment in elementary,
8secondary, or higher education.
9    (C) Race-Related Harassment-Elementary, Secondary, or
10Higher Education Representative. For any elementary,
11secondary, or higher education representative to commit or
12engage in race-related harassment in elementary, secondary, or
13higher education.
14    (D) Race-Related Harassment-Institution of Elementary,
15Secondary, or Higher Education. For any institution of
16elementary, secondary, or higher education to fail to take
17remedial action or to fail to take appropriate disciplinary
18action against an elementary, secondary, or higher education
19representative employed by the institution if the institution
20knows that the elementary, secondary, or higher education
21representative was committing or engaging in or committed or
22engaged in harassment in elementary, secondary, or higher
23education.
24(Source: P.A. 96-574, eff. 8-18-09; 96-1319, eff. 7-27-10.)
 
25    (775 ILCS 5/5A-103 new)

 

 

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1    Sec. 5A-103. Race-related harassment.
2    (a) The General Assembly finds that the organizational
3tolerance of race-related harassment has a detrimental
4influence in schools, contributing to psychological and
5physical harm, substance abuse, and poorer academic outcomes
6for students of color and higher rates of teacher turnover
7among teachers of color. The General Assembly further finds
8that incidents of race-related harassment have increased
9significantly, with students of color experiencing, on
10average, as many as 5 incidents of racism a day. It is the
11General Assembly's intent that each institution of elementary,
12secondary, or higher education in this State adopt and
13actively implement policies to reduce race-related harassment;
14to ensure students, parents or guardians, and employees know
15how to recognize and report harassment; and to ensure
16institutions are safe for students, parents or guardians, and
17employees to report race-related harassment without fear of
18retaliation, loss of status, or loss of opportunities.
19    (b) Each institution of elementary, secondary, or higher
20education to which this Act applies shall establish,
21implement, and maintain a continuing race-related harassment
22program that shall include all of the following:
23        (1) The development of a written policy on
24    race-related harassment that includes, at a minimum, the
25    following information:
26            (A) the illegality of unlawful harassment in

 

 

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1        elementary, secondary, or higher education;
2            (B) the definitions of unlawful harassment in
3        elementary, secondary, or higher education under this
4        Act;
5            (C) the illegality of criteria or methods of
6        administration that have the effect of subjecting
7        individuals to harassment because of their race,
8        color, national origin, or gender, as described in the
9        Illinois Civil Rights Act of 2003;
10            (D) descriptions of various forms of harassment
11        related to race, including, but not limited to,
12        microaggressions, derogatory cultural appropriation,
13        and discrimination based on disparate impact,
14        utilizing examples;
15            (E) the institution's internal complaint process,
16        including penalties;
17            (F) the legal recourse, investigative, and
18        complaint process available through the Department and
19        the Commission and through federal agencies;
20            (G) directions on how to contact the Department
21        and Commission; and
22            (H) protection against retaliation as provided in
23        Section 6-101 of this Act.
24        This policy may be included as part of a broader
25    anti-harassment policy provided it is distinguished with
26    an appropriate title, heading, or label. The policy shall

 

 

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1    be reviewed annually.
2        (2) The posting, in a prominent and accessible
3    location, and distribution, in a manner to ensure notice
4    to all employees without exception, of the institution's
5    policy described in paragraph (1). Such documents may
6    meet, but shall not exceed, a sixth-grade literacy level.
7    Distribution shall be effectuated within 90 days after the
8    effective date of this amendatory Act of the 103rd General
9    Assembly and shall occur annually thereafter.
10        (3) Distribution of the institution's policy described
11    in paragraph (1) on the institution's Internet website, in
12    a student handbook if one exists, and in a posting where
13    other policies, rules, and standards of conduct are
14    posted, if applicable, periodically throughout the school
15    year to students and faculty, and an annual distribution
16    of a summary of the policy in accessible, age-appropriate
17    language to students and to the parents or guardians of
18    minor students.
19        (4) Training on the prevention of race-related
20    harassment under the institution's policy described in
21    paragraph (1) as a component of all ongoing or new
22    employee training programs for elementary, secondary, or
23    higher education representatives. The training must regard
24    participants as potential bystanders, rather than
25    potential offenders; provide participants with criteria
26    for identifying racial harassment; and include all of the

 

 

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1    elements required to be included in the policy described
2    in paragraph (1).
3    (c) In the creation and implementation of policies and
4procedures to prevent and address race-related harassment,
5institutions of elementary, secondary, or higher education:
6        (1) shall reduce or remove, to the extent practicable,
7    barriers to student reporting of race-related harassment
8    in order to minimize the burden on students who wish to
9    report harassment;
10        (2) shall permit any person who reports a violation or
11    any victim of a civil rights violation to be accompanied
12    by an advisor of the person's choice when making a report
13    and in subsequent interactions with elementary, secondary,
14    or higher education representatives who are investigating
15    or taking action as a result of a report;
16        (3) shall provide a procedure for anonymous reporting;
17    however, this paragraph(3) may not be construed to permit
18    formal disciplinary action solely on the basis of an
19    anonymous report;
20        (4) shall differentiate interventions based on whether
21    the offender is a minor or an adult, on whether the
22    offender is a student or an elementary, secondary, or
23    higher education representative, and on the severity and
24    pervasiveness of the offense. For students and minors,
25    interventions may include, but are not limited to, school
26    social work services, restorative measures, schedule

 

 

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1    changes or class reassignment, social-emotional skill
2    building, education about diversity or implicit bias,
3    counseling, school psychological services,
4    community-based services, suspension, or expulsion. For
5    elementary, secondary, or higher education
6    representatives, interventions may include, but are not
7    limited to, restorative measures, social-emotional skill
8    building, additional training concerning diversity or
9    implicit bias, counseling, suspension, demotion, or
10    dismissal;
11        (5) may offer a person who reports a civil rights
12    violation the option to pursue reconciliation with the
13    offender but may not require or unduly influence that
14    person to pursue such reconciliation; and
15        (6) may not cause a victim of a civil rights violation
16    to suffer adverse consequences as a result of a report of,
17    investigation of, or response to that violation,
18    including, but not limited to, being reassigned to a less
19    rigorous academic course of study, being forced to take
20    paid or unpaid leave, being demoted or denied promotion or
21    additional titles, or being otherwise disciplined. This
22    protection may not permit victims to engage in retaliation
23    against the offender or limit an institution of
24    elementary, secondary, or higher education from applying
25    disciplinary measures in response to other acts or conduct
26    not related to the process of reporting, investigating, or

 

 

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1    responding to a civil rights violation.
2    (d) The Department shall produce a model race-related
3harassment prevention training program aimed at the prevention
4of race-related harassment in schools. The model program shall
5be made available to institutions of elementary, secondary, or
6higher education and to the public online at no cost. This
7model program shall meet the requirements of paragraph (4) of
8subsection (b).
9    (e) Each institution of elementary, secondary, or higher
10education shall annually submit a report to the Department
11that includes the current policy on race-related harassment
12described in paragraph (1) of subsection (b), the number of
13reports of race-related harassment received in the preceding
14academic year; the type or types of race-related harassment
15included in each report as described in this Act; and the
16outcome of each report, including the response taken to
17address or prevent harassment, if applicable. This annual
18report may not include any information that personally
19identifies any individual or group of individuals. The
20Department shall provide a standard format for reporting to
21all institutions of elementary, secondary, or higher
22education.
23    (f) Upon notification of a failure to establish,
24implement, or maintain a continuing race-related harassment
25program as set forth in subsection (b), the Department may
26launch a preliminary investigation. If the Department finds a

 

 

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1failure to conform to the requirements of subsection (b), the
2Department may issue a notice to show cause, giving the
3institution 30 days to correct the failure to conform. If the
4failure to conform is not corrected, the Department may
5initiate a charge of a civil rights violation.
 
6    (775 ILCS 5/6-101)  (from Ch. 68, par. 6-101)
7    Sec. 6-101. Additional civil rights violations under
8Articles 2, 4, 5, and 5A. It is a civil rights violation for a
9person, or for 2 or more persons, to conspire to:
10        (A) Retaliation. Retaliate against a person because he
11    or she has opposed that which he or she reasonably and in
12    good faith believes to be unlawful discrimination,
13    race-related harassment, race-related harassment in
14    elementary, secondary, or higher education, sexual
15    harassment in employment, sexual harassment in elementary,
16    secondary, and higher education, or discrimination based
17    on arrest record, citizenship status, or work
18    authorization status in employment under Articles 2, 4, 5,
19    and 5A, because he or she has made a charge, filed a
20    complaint, testified, assisted, or participated in an
21    investigation, proceeding, or hearing under this Act, or
22    because he or she has requested, attempted to request,
23    used, or attempted to use a reasonable accommodation as
24    allowed by this Act;
25        (B) Aiding and Abetting; Coercion. Aid, abet, compel,

 

 

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1    or coerce a person to commit any violation of this Act;
2        (C) Interference. Wilfully interfere with the
3    performance of a duty or the exercise of a power by the
4    Commission or one of its members or representatives or the
5    Department or one of its officers or employees.
6    Definitions. For the purposes of this Section, "sexual
7harassment", "race-related harassment", "citizenship status",
8and "work authorization status" shall have the same meaning as
9defined in Section 2-101 of this Act.
10(Source: P.A. 102-233, eff. 8-2-21; 102-362, eff. 1-1-22;
11102-813, eff. 5-13-22.)
 
12    Section 95. No acceleration or delay. Where this Act makes
13changes in a statute that is represented in this Act by text
14that is not yet or no longer in effect (for example, a Section
15represented by multiple versions), the use of that text does
16not accelerate or delay the taking effect of (i) the changes
17made by this Act or (ii) provisions derived from any other
18Public Act.
 
19    Section 99. Effective date. This Act takes effect August
201, 2024.".