Sen. Laura M. Murphy

Filed: 5/2/2023

 

 


 

 


 
10300SB0090sam002LRB103 05472 RJT 61290 a

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 Freedom of Information Act is amended by
7changing Section 7.5 as follows:
 
8    (5 ILCS 140/7.5)
9    Sec. 7.5. Statutory exemptions. To the extent provided for
10by the statutes referenced below, the following shall be
11exempt from inspection and copying:
12        (a) All information determined to be confidential
13    under Section 4002 of the Technology Advancement and
14    Development Act.
15        (b) Library circulation and order records identifying

 

 

10300SB0090sam002- 2 -LRB103 05472 RJT 61290 a

1    library users with specific materials under the Library
2    Records Confidentiality Act.
3        (c) Applications, related documents, and medical
4    records received by the Experimental Organ Transplantation
5    Procedures Board and any and all documents or other
6    records prepared by the Experimental Organ Transplantation
7    Procedures Board or its staff relating to applications it
8    has received.
9        (d) Information and records held by the Department of
10    Public Health and its authorized representatives relating
11    to known or suspected cases of sexually transmissible
12    disease or any information the disclosure of which is
13    restricted under the Illinois Sexually Transmissible
14    Disease Control Act.
15        (e) Information the disclosure of which is exempted
16    under Section 30 of the Radon Industry Licensing Act.
17        (f) Firm performance evaluations under Section 55 of
18    the Architectural, Engineering, and Land Surveying
19    Qualifications Based Selection Act.
20        (g) Information the disclosure of which is restricted
21    and exempted under Section 50 of the Illinois Prepaid
22    Tuition Act.
23        (h) Information the disclosure of which is exempted
24    under the State Officials and Employees Ethics Act, and
25    records of any lawfully created State or local inspector
26    general's office that would be exempt if created or

 

 

10300SB0090sam002- 3 -LRB103 05472 RJT 61290 a

1    obtained by an Executive Inspector General's office under
2    that Act.
3        (i) Information contained in a local emergency energy
4    plan submitted to a municipality in accordance with a
5    local emergency energy plan ordinance that is adopted
6    under Section 11-21.5-5 of the Illinois Municipal Code.
7        (j) Information and data concerning the distribution
8    of surcharge moneys collected and remitted by carriers
9    under the Emergency Telephone System Act.
10        (k) Law enforcement officer identification information
11    or driver identification information compiled by a law
12    enforcement agency or the Department of Transportation
13    under Section 11-212 of the Illinois Vehicle Code.
14        (l) Records and information provided to a residential
15    health care facility resident sexual assault and death
16    review team or the Executive Council under the Abuse
17    Prevention Review Team Act.
18        (m) Information provided to the predatory lending
19    database created pursuant to Article 3 of the Residential
20    Real Property Disclosure Act, except to the extent
21    authorized under that Article.
22        (n) Defense budgets and petitions for certification of
23    compensation and expenses for court appointed trial
24    counsel as provided under Sections 10 and 15 of the
25    Capital Crimes Litigation Act. This subsection (n) shall
26    apply until the conclusion of the trial of the case, even

 

 

10300SB0090sam002- 4 -LRB103 05472 RJT 61290 a

1    if the prosecution chooses not to pursue the death penalty
2    prior to trial or sentencing.
3        (o) Information that is prohibited from being
4    disclosed under Section 4 of the Illinois Health and
5    Hazardous Substances Registry Act.
6        (p) Security portions of system safety program plans,
7    investigation reports, surveys, schedules, lists, data, or
8    information compiled, collected, or prepared by or for the
9    Department of Transportation under Sections 2705-300 and
10    2705-616 of the Department of Transportation Law of the
11    Civil Administrative Code of Illinois, the Regional
12    Transportation Authority under Section 2.11 of the
13    Regional Transportation Authority Act, or the St. Clair
14    County Transit District under the Bi-State Transit Safety
15    Act.
16        (q) Information prohibited from being disclosed by the
17    Personnel Record Review Act.
18        (r) Information prohibited from being disclosed by the
19    Illinois School Student Records Act.
20        (s) Information the disclosure of which is restricted
21    under Section 5-108 of the Public Utilities Act.
22        (t) All identified or deidentified health information
23    in the form of health data or medical records contained
24    in, stored in, submitted to, transferred by, or released
25    from the Illinois Health Information Exchange, and
26    identified or deidentified health information in the form

 

 

10300SB0090sam002- 5 -LRB103 05472 RJT 61290 a

1    of health data and medical records of the Illinois Health
2    Information Exchange in the possession of the Illinois
3    Health Information Exchange Office due to its
4    administration of the Illinois Health Information
5    Exchange. The terms "identified" and "deidentified" shall
6    be given the same meaning as in the Health Insurance
7    Portability and Accountability Act of 1996, Public Law
8    104-191, or any subsequent amendments thereto, and any
9    regulations promulgated thereunder.
10        (u) Records and information provided to an independent
11    team of experts under the Developmental Disability and
12    Mental Health Safety Act (also known as Brian's Law).
13        (v) Names and information of people who have applied
14    for or received Firearm Owner's Identification Cards under
15    the Firearm Owners Identification Card Act or applied for
16    or received a concealed carry license under the Firearm
17    Concealed Carry Act, unless otherwise authorized by the
18    Firearm Concealed Carry Act; and databases under the
19    Firearm Concealed Carry Act, records of the Concealed
20    Carry Licensing Review Board under the Firearm Concealed
21    Carry Act, and law enforcement agency objections under the
22    Firearm Concealed Carry Act.
23        (v-5) Records of the Firearm Owner's Identification
24    Card Review Board that are exempted from disclosure under
25    Section 10 of the Firearm Owners Identification Card Act.
26        (w) Personally identifiable information which is

 

 

10300SB0090sam002- 6 -LRB103 05472 RJT 61290 a

1    exempted from disclosure under subsection (g) of Section
2    19.1 of the Toll Highway Act.
3        (x) Information which is exempted from disclosure
4    under Section 5-1014.3 of the Counties Code or Section
5    8-11-21 of the Illinois Municipal Code.
6        (y) Confidential information under the Adult
7    Protective Services Act and its predecessor enabling
8    statute, the Elder Abuse and Neglect Act, including
9    information about the identity and administrative finding
10    against any caregiver of a verified and substantiated
11    decision of abuse, neglect, or financial exploitation of
12    an eligible adult maintained in the Registry established
13    under Section 7.5 of the Adult Protective Services Act.
14        (z) Records and information provided to a fatality
15    review team or the Illinois Fatality Review Team Advisory
16    Council under Section 15 of the Adult Protective Services
17    Act.
18        (aa) Information which is exempted from disclosure
19    under Section 2.37 of the Wildlife Code.
20        (bb) Information which is or was prohibited from
21    disclosure by the Juvenile Court Act of 1987.
22        (cc) Recordings made under the Law Enforcement
23    Officer-Worn Body Camera Act, except to the extent
24    authorized under that Act.
25        (dd) Information that is prohibited from being
26    disclosed under Section 45 of the Condominium and Common

 

 

10300SB0090sam002- 7 -LRB103 05472 RJT 61290 a

1    Interest Community Ombudsperson Act.
2        (ee) Information that is exempted from disclosure
3    under Section 30.1 of the Pharmacy Practice Act.
4        (ff) Information that is exempted from disclosure
5    under the Revised Uniform Unclaimed Property Act.
6        (gg) Information that is prohibited from being
7    disclosed under Section 7-603.5 of the Illinois Vehicle
8    Code.
9        (hh) Records that are exempt from disclosure under
10    Section 1A-16.7 of the Election Code.
11        (ii) Information which is exempted from disclosure
12    under Section 2505-800 of the Department of Revenue Law of
13    the Civil Administrative Code of Illinois.
14        (jj) Information and reports that are required to be
15    submitted to the Department of Labor by registering day
16    and temporary labor service agencies but are exempt from
17    disclosure under subsection (a-1) of Section 45 of the Day
18    and Temporary Labor Services Act.
19        (kk) Information prohibited from disclosure under the
20    Seizure and Forfeiture Reporting Act.
21        (ll) Information the disclosure of which is restricted
22    and exempted under Section 5-30.8 of the Illinois Public
23    Aid Code.
24        (mm) Records that are exempt from disclosure under
25    Section 4.2 of the Crime Victims Compensation Act.
26        (nn) Information that is exempt from disclosure under

 

 

10300SB0090sam002- 8 -LRB103 05472 RJT 61290 a

1    Section 70 of the Higher Education Student Assistance Act.
2        (oo) Communications, notes, records, and reports
3    arising out of a peer support counseling session
4    prohibited from disclosure under the First Responders
5    Suicide Prevention Act.
6        (pp) Names and all identifying information relating to
7    an employee of an emergency services provider or law
8    enforcement agency under the First Responders Suicide
9    Prevention Act.
10        (qq) Information and records held by the Department of
11    Public Health and its authorized representatives collected
12    under the Reproductive Health Act.
13        (rr) Information that is exempt from disclosure under
14    the Cannabis Regulation and Tax Act.
15        (ss) Data reported by an employer to the Department of
16    Human Rights pursuant to Section 2-108 of the Illinois
17    Human Rights Act.
18        (tt) Recordings made under the Children's Advocacy
19    Center Act, except to the extent authorized under that
20    Act.
21        (uu) Information that is exempt from disclosure under
22    Section 50 of the Sexual Assault Evidence Submission Act.
23        (vv) Information that is exempt from disclosure under
24    subsections (f) and (j) of Section 5-36 of the Illinois
25    Public Aid Code.
26        (ww) Information that is exempt from disclosure under

 

 

10300SB0090sam002- 9 -LRB103 05472 RJT 61290 a

1    Section 16.8 of the State Treasurer Act.
2        (xx) Information that is exempt from disclosure or
3    information that shall not be made public under the
4    Illinois Insurance Code.
5        (yy) Information prohibited from being disclosed under
6    the Illinois Educational Labor Relations Act.
7        (zz) Information prohibited from being disclosed under
8    the Illinois Public Labor Relations Act.
9        (aaa) Information prohibited from being disclosed
10    under Section 1-167 of the Illinois Pension Code.
11        (bbb) Information that is prohibited from disclosure
12    by the Illinois Police Training Act and the Illinois State
13    Police Act.
14        (ccc) Records exempt from disclosure under Section
15    2605-304 of the Illinois State Police Law of the Civil
16    Administrative Code of Illinois.
17        (ddd) Information prohibited from being disclosed
18    under Section 35 of the Address Confidentiality for
19    Victims of Domestic Violence, Sexual Assault, Human
20    Trafficking, or Stalking Act.
21        (eee) Information prohibited from being disclosed
22    under subsection (b) of Section 75 of the Domestic
23    Violence Fatality Review Act.
24        (fff) Images from cameras under the Expressway Camera
25    Act. This subsection (fff) is inoperative on and after
26    July 1, 2023.

 

 

10300SB0090sam002- 10 -LRB103 05472 RJT 61290 a

1        (ggg) Information prohibited from disclosure under
2    paragraph (3) of subsection (a) of Section 14 of the Nurse
3    Agency Licensing Act.
4        (hhh) Information submitted to the Illinois Department
5    of State Police in an affidavit or application for an
6    assault weapon endorsement, assault weapon attachment
7    endorsement, .50 caliber rifle endorsement, or .50 caliber
8    cartridge endorsement under the Firearm Owners
9    Identification Card Act.
10        (iii) Data exempt from disclosure under Section
11    2-3.196 of the School Code.
12(Source: P.A. 101-13, eff. 6-12-19; 101-27, eff. 6-25-19;
13101-81, eff. 7-12-19; 101-221, eff. 1-1-20; 101-236, eff.
141-1-20; 101-375, eff. 8-16-19; 101-377, eff. 8-16-19; 101-452,
15eff. 1-1-20; 101-466, eff. 1-1-20; 101-600, eff. 12-6-19;
16101-620, eff 12-20-19; 101-649, eff. 7-7-20; 101-652, eff.
171-1-22; 101-656, eff. 3-23-21; 102-36, eff. 6-25-21; 102-237,
18eff. 1-1-22; 102-292, eff. 1-1-22; 102-520, eff. 8-20-21;
19102-559, eff. 8-20-21; 102-813, eff. 5-13-22; 102-946, eff.
207-1-22; 102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; revised
212-13-23.)
 
22    Section 10. The School Code is amended by adding Sections
232-3.196 and 22-95 and by changing Sections 27A-5 and 34-18.62
24as follows:
 

 

 

10300SB0090sam002- 11 -LRB103 05472 RJT 61290 a

1    (105 ILCS 5/2-3.196 new)
2    Sec. 2-3.196. Discrimination, harassment, and retaliation
3reporting.
4    (a) The requirements of this Section are subject to
5appropriation.
6    (b) The State Board of Education shall build data
7collection systems to allow the collection of data on
8allegations of the conduct described in paragraph (1). By
9August 1 of the year after the system is implemented and by
10each August 1 thereafter, each school district, charter
11school, and nonpublic, nonsectarian elementary or secondary
12school shall disclose to the State Board of Education all of
13the following information:
14        (1) The total number of reported allegations of
15    discrimination, harassment, or retaliation against
16    students received by each school district, charter school,
17    or nonpublic, nonsectarian elementary or secondary school
18    during the preceding school year, defined as August 1 to
19    July 31, and the total amount of allegations in each of the
20    following categories:
21            (A) sexual harassment;
22            (B) discrimination or harassment on the basis of
23        race, color, or national origin;
24            (C) discrimination or harassment on the basis of
25        sex;
26            (D) discrimination or harassment on the basis of

 

 

10300SB0090sam002- 12 -LRB103 05472 RJT 61290 a

1        religion;
2            (E) discrimination or harassment on the basis of
3        disability; and
4            (F) retaliation.
5        (2) The status of allegations, as of the last day of
6    the reporting period, in each category under paragraph
7    (1).
8        Allegations shall be reported as unfounded, founded,
9    or investigation pending by the school district, charter
10    school, or nonpublic, nonsectarian elementary or secondary
11    school.
12    (c) A school district, charter school, or nonpublic,
13nonsectarian elementary or secondary school may not include in
14any disclosures required under this Section any information by
15which an individual may be personally identified, including
16the name of the victim or victims or those accused of an act of
17alleged harassment.
18    (d) If a school district, charter school, or nonpublic,
19non-sectarian elementary or secondary school fails to disclose
20the information required in subsection (b) of this Section by
21July 31 of the reporting school year, the State Board of
22Education shall provide a written request for disclosure to
23the school district, charter school, or nonpublic,
24nonsectarian elementary or secondary school, thereby providing
25the period of time in which the required information must be
26disclosed. If a school district, charter school, or nonpublic,

 

 

10300SB0090sam002- 13 -LRB103 05472 RJT 61290 a

1nonsectarian elementary or secondary school fails to disclose
2the information within 14 days after receipt of that written
3request, the State Board of Education may petition the
4Department of Human Rights to initiate a charge of a civil
5rights violation pursuant to Section 5A-102 of the Illinois
6Human Rights Act.
7    (e) The State Board of Education shall publish an annual
8report aggregating the information reported by school
9districts, charter schools, and nonpublic, nonsectarian
10elementary or secondary schools under subsection (b) of this
11Section. Data included in the report shall not be publicly
12attributed to any individual school district, charter school,
13or nonpublic, nonsectarian elementary or secondary school. The
14report shall include the number of incidents reported between
15August 1 and July 31 of the preceding reporting school year,
16based on each of the protected classes identified under
17paragraph (1) of this subsection (b).
18    The annual report shall be filed with the Department and
19the General Assembly and made available to the public by July 1
20of the year following the reporting school year. Data
21submitted by a school district, charter school, or nonpublic,
22nonsectarian elementary or secondary school to comply with
23this Section is confidential and exempt from the Freedom of
24Information Act.
25    (f) The State Board of Education shall adopt any rules
26deemed necessary for implementation of this Section.

 

 

10300SB0090sam002- 14 -LRB103 05472 RJT 61290 a

1    (g) This Section is repealed on July 1, 2029.
 
2    (105 ILCS 5/22-95 new)
3    Sec. 22-95. Policy on discrimination, harassment, and
4retaliation; response procedures.
5    (a) Each school district, charter school, or nonpublic,
6nonsectarian elementary or secondary school must create,
7implement, and maintain at least one written policy that
8prohibits discrimination and harassment against students based
9on race, color, or national origin and prohibits retaliation
10against students for submitting a complaint. The policy may be
11included as part of a broader anti-harassment or
12anti-discrimination policy, provided that the policy
13prohibiting discrimination and harassment against students
14based on race, color, or national origin and retaliation
15against students shall be distinguished with an appropriate
16title, heading, or label. This policy must comply with and be
17distributed in accordance with all of the following:
18        (1) The policy must be in writing and must include at a
19    minimum, the following information:
20            (A) descriptions of various forms of
21        discrimination and harassment based on race, color, or
22        national origin, including examples;
23            (B) the school district's, charter school's, or
24        nonpublic, nonsectarian elementary or secondary
25        school's internal process for filing a complaint

 

 

10300SB0090sam002- 15 -LRB103 05472 RJT 61290 a

1        regarding a violation of the policy described in this
2        subsection, or a reference to that process if
3        described elsewhere in policy;
4            (C) an overview of the school district's, charter
5        school's, or nonpublic, nonsectarian elementary or
6        secondary school's prevention and response program
7        pursuant to subsection (b);
8            (D) potential remedies for a violation of the
9        policy described in this subsection;
10            (E) a prohibition on retaliation for making a
11        complaint or participating in the complaint process;
12            (F) the legal recourse available through the
13        Department of Human Rights and through federal
14        agencies if a school district, charter school, or
15        nonpublic, nonsectarian elementary or secondary school
16        fails to take corrective action, or a reference to
17        that process if described elsewhere in policy; and
18            (G) directions on how to contact the Department of
19        Human Rights or a reference to those directions if
20        described elsewhere in the policy.
21        (2) The policy described in this subsection shall be
22    posted in a prominent and accessible location and
23    distributed in such a manner as to ensure notice of the
24    policy to all employees. If the school district, charter
25    school, or nonpublic, nonsectarian elementary or secondary
26    school maintains an Internet website or has an employee

 

 

10300SB0090sam002- 16 -LRB103 05472 RJT 61290 a

1    Intranet, the website or Intranet shall be considered a
2    prominent and accessible location for the purpose of this
3    paragraph (2). Distribution shall be effectuated by the
4    beginning of the 2024-2025 school year and shall occur
5    annually thereafter.
6        (3) The policy described in this subsection shall be
7    published on the school district's, charter school's, or
8    nonpublic, nonsectarian elementary or secondary school's
9    Internet website, if one exists, and in a student
10    handbook. A summary of the policy in accessible,
11    age-appropriate language shall be distributed annually to
12    students and to the parents or guardians of minor
13    students. School districts, charter schools, and
14    nonpublic, nonsectarian elementary or secondary schools
15    shall provide a summary of the policy in the parent or
16    guardian's native language. For the annual distribution of
17    the summary, inclusion of the summary in a student
18    handbook is deemed compliant.
19    (b) Each school district, charter school, and nonpublic,
20nonsectarian elementary or secondary school must establish
21procedures for responding to student complaints of
22discrimination, harassment, and retaliation based on race,
23color, or national origin. Based on these procedures, school
24districts, charter schools, and nonpublic, nonsectarian
25elementary or secondary schools:
26        (1) shall reduce or remove, to the extent practicable,

 

 

10300SB0090sam002- 17 -LRB103 05472 RJT 61290 a

1    barriers to students reporting discrimination, harassment,
2    and retaliation;
3        (2) shall permit any student who reports or is the
4    victim of an incident of alleged discrimination,
5    harassment, or retaliation to be accompanied when making a
6    report by a support person of the student's choice who
7    complies with the school district's, charter school's, or
8    nonpublic, nonsectarian elementary or secondary school's
9    policies or rules;
10        (3) shall permit anonymous reporting, except that this
11    paragraph (3) may not be construed to permit formal
12    disciplinary action solely on the basis of an anonymous
13    report;
14        (4) shall offer remedial interventions or take such
15    disciplinary action as may be appropriate on a
16    case-by-case basis;
17        (5) may offer, but not require or unduly influence, a
18    person who reports or is the victim of an incident of
19    discrimination, harassment, or retaliation the option to
20    resolve allegations directly with the offender; and
21        (6) may not cause a person who reports or is the victim
22    of an incident of discrimination, harassment, or
23    retaliation to suffer adverse consequences as a result of
24    a report of, an investigation of, or a response to the
25    incident; this protection may not permit victims to engage
26    in retaliation against the offender or prevent a school

 

 

10300SB0090sam002- 18 -LRB103 05472 RJT 61290 a

1    from applying disciplinary measures in response to other
2    acts or conduct not related to the process of reporting,
3    investigating, or responding to a report of an incident of
4    discrimination, harassment, or retaliation.
 
5    (105 ILCS 5/27A-5)
6    (Text of Section before amendment by P.A. 102-466 and
7102-702)
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

 

 

10300SB0090sam002- 19 -LRB103 05472 RJT 61290 a

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

 

 

10300SB0090sam002- 20 -LRB103 05472 RJT 61290 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

 

 

10300SB0090sam002- 21 -LRB103 05472 RJT 61290 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.

 

 

10300SB0090sam002- 22 -LRB103 05472 RJT 61290 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

 

 

10300SB0090sam002- 23 -LRB103 05472 RJT 61290 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;

 

 

10300SB0090sam002- 24 -LRB103 05472 RJT 61290 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        (25) Section 2-3.188 of this Code;
11        (26) Section 22-85.5 of this Code;
12        (27) subsections Subsections (d-10), (d-15), and
13    (d-20) of Section 10-20.56 of this Code; and
14        (28) Sections 10-20.83 and 34-18.78 of this Code; .
15        (29) (27) Section 10-20.13 of this Code;
16        (30) (28) Section 28-19.2 of this Code; and
17        (31) (29) Section 34-21.6 of this Code; .
18        (33) Section 2-3.196 of this Code;
19        (34) Section 22-95 of this Code;
20        (35) Section 34-18.62 of this Code; and
21        (36) the Illinois Human Rights Act.
22    The change made by Public Act 96-104 to this subsection
23(g) is declaratory of existing law.
24    (h) A charter school may negotiate and contract with a
25school district, the governing body of a State college or
26university or public community college, or any other public or

 

 

10300SB0090sam002- 25 -LRB103 05472 RJT 61290 a

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

 

 

10300SB0090sam002- 26 -LRB103 05472 RJT 61290 a

1deemed available, as negotiated and provided in the charter
2agreement, in school district facilities. However, all other
3costs for the operation and maintenance of school district
4facilities that are used by the charter school shall be
5subject to negotiation between the charter school and the
6local school board and shall be set forth in the charter.
7    (j) A charter school may limit student enrollment by age
8or grade level.
9    (k) If the charter school is approved by the State Board or
10Commission, then the charter school is its own local education
11agency.
12(Source: P.A. 101-50, eff. 7-1-20; 101-81, eff. 7-12-19;
13101-291, eff. 1-1-20; 101-531, eff. 8-23-19; 101-543, eff.
148-23-19; 101-654, eff. 3-8-21; 102-51, eff. 7-9-21; 102-157,
15eff. 7-1-22; 102-360, eff. 1-1-22; 102-445, eff. 8-20-21;
16102-522, eff. 8-20-21; 102-558, eff. 8-20-21; 102-676, eff.
1712-3-21; 102-697, eff. 4-5-22; 102-805, eff. 1-1-23; 102-813,
18eff. 5-13-22; revised 12-13-22.)
 
19    (Text of Section after amendment by P.A. 102-702 but
20before amendment by P.A. 102-466)
21    Sec. 27A-5. Charter school; legal entity; requirements.
22    (a) A charter school shall be a public, nonsectarian,
23nonreligious, non-home based, and non-profit school. A charter
24school shall be organized and operated as a nonprofit
25corporation or other discrete, legal, nonprofit entity

 

 

10300SB0090sam002- 27 -LRB103 05472 RJT 61290 a

1authorized under the laws of the State of Illinois.
2    (b) A charter school may be established under this Article
3by creating a new school or by converting an existing public
4school or attendance center to charter school status.
5Beginning on April 16, 2003 (the effective date of Public Act
693-3), in all new applications to establish a charter school
7in a city having a population exceeding 500,000, operation of
8the charter school shall be limited to one campus. The changes
9made to this Section by Public Act 93-3 do not apply to charter
10schools existing or approved on or before April 16, 2003 (the
11effective date of Public Act 93-3).
12    (b-5) In this subsection (b-5), "virtual-schooling" means
13a cyber school where students engage in online curriculum and
14instruction via the Internet and electronic communication with
15their teachers at remote locations and with students
16participating at different times.
17    From April 1, 2013 through December 31, 2016, there is a
18moratorium on the establishment of charter schools with
19virtual-schooling components in school districts other than a
20school district organized under Article 34 of this Code. This
21moratorium does not apply to a charter school with
22virtual-schooling components existing or approved prior to
23April 1, 2013 or to the renewal of the charter of a charter
24school with virtual-schooling components already approved
25prior to April 1, 2013.
26    (c) A charter school shall be administered and governed by

 

 

10300SB0090sam002- 28 -LRB103 05472 RJT 61290 a

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

 

 

10300SB0090sam002- 29 -LRB103 05472 RJT 61290 a

1professional development training in these same areas. The
2training under this subsection may be provided or certified by
3a statewide charter school membership association or may be
4provided or certified by other qualified providers approved by
5the State Board of Education.
6    (d) For purposes of this subsection (d), "non-curricular
7health and safety requirement" means any health and safety
8requirement created by statute or rule to provide, maintain,
9preserve, or safeguard safe or healthful conditions for
10students and school personnel or to eliminate, reduce, or
11prevent threats to the health and safety of students and
12school personnel. "Non-curricular health and safety
13requirement" does not include any course of study or
14specialized instructional requirement for which the State
15Board has established goals and learning standards or which is
16designed primarily to impart knowledge and skills for students
17to master and apply as an outcome of their education.
18    A charter school shall comply with all non-curricular
19health and safety requirements applicable to public schools
20under the laws of the State of Illinois. On or before September
211, 2015, the State Board shall promulgate and post on its
22Internet website a list of non-curricular health and safety
23requirements that a charter school must meet. The list shall
24be updated annually no later than September 1. Any charter
25contract between a charter school and its authorizer must
26contain a provision that requires the charter school to follow

 

 

10300SB0090sam002- 30 -LRB103 05472 RJT 61290 a

1the list of all non-curricular health and safety requirements
2promulgated by the State Board and any non-curricular health
3and safety requirements added by the State Board to such list
4during the term of the charter. Nothing in this subsection (d)
5precludes an authorizer from including non-curricular health
6and safety requirements in a charter school contract that are
7not contained in the list promulgated by the State Board,
8including non-curricular health and safety requirements of the
9authorizing local school board.
10    (e) Except as otherwise provided in the School Code, a
11charter school shall not charge tuition; provided that a
12charter school may charge reasonable fees for textbooks,
13instructional materials, and student activities.
14    (f) A charter school shall be responsible for the
15management and operation of its fiscal affairs, including, but
16not limited to, the preparation of its budget. An audit of each
17charter school's finances shall be conducted annually by an
18outside, independent contractor retained by the charter
19school. The contractor shall not be an employee of the charter
20school or affiliated with the charter school or its authorizer
21in any way, other than to audit the charter school's finances.
22To ensure financial accountability for the use of public
23funds, on or before December 1 of every year of operation, each
24charter school shall submit to its authorizer and the State
25Board a copy of its audit and a copy of the Form 990 the
26charter school filed that year with the federal Internal

 

 

10300SB0090sam002- 31 -LRB103 05472 RJT 61290 a

1Revenue Service. In addition, if deemed necessary for proper
2financial oversight of the charter school, an authorizer may
3require quarterly financial statements from each charter
4school.
5    (g) A charter school shall comply with all provisions of
6this Article, the Illinois Educational Labor Relations Act,
7all federal and State laws and rules applicable to public
8schools that pertain to special education and the instruction
9of English learners, and its charter. A charter school is
10exempt from all other State laws and regulations in this Code
11governing public schools and local school board policies;
12however, a charter school is not exempt from the following:
13        (1) Sections 10-21.9 and 34-18.5 of this Code
14    regarding criminal history records checks and checks of
15    the Statewide Sex Offender Database and Statewide Murderer
16    and Violent Offender Against Youth Database of applicants
17    for employment;
18        (2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and
19    34-84a of this Code regarding discipline of students;
20        (3) the Local Governmental and Governmental Employees
21    Tort Immunity Act;
22        (4) Section 108.75 of the General Not For Profit
23    Corporation Act of 1986 regarding indemnification of
24    officers, directors, employees, and agents;
25        (5) the Abused and Neglected Child Reporting Act;
26        (5.5) subsection (b) of Section 10-23.12 and

 

 

10300SB0090sam002- 32 -LRB103 05472 RJT 61290 a

1    subsection (b) of Section 34-18.6 of this Code;
2        (6) the Illinois School Student Records Act;
3        (7) Section 10-17a of this Code regarding school
4    report cards;
5        (8) the P-20 Longitudinal Education Data System Act;
6        (9) Section 27-23.7 of this Code regarding bullying
7    prevention;
8        (10) Section 2-3.162 of this Code regarding student
9    discipline reporting;
10        (11) Sections 22-80 and 27-8.1 of this Code;
11        (12) Sections 10-20.60 and 34-18.53 of this Code;
12        (13) Sections 10-20.63 and 34-18.56 of this Code;
13        (14) Sections 22-90 and 26-18 of this Code;
14        (15) Section 22-30 of this Code;
15        (16) Sections 24-12 and 34-85 of this Code;
16        (17) the Seizure Smart School Act;
17        (18) Section 2-3.64a-10 of this Code;
18        (19) Sections 10-20.73 and 34-21.9 of this Code;
19        (20) Section 10-22.25b of this Code;
20        (21) Section 27-9.1a of this Code;
21        (22) Section 27-9.1b of this Code;
22        (23) Section 34-18.8 of this Code; and
23        (25) Section 2-3.188 of this Code;
24        (26) Section 22-85.5 of this Code;
25        (27) subsections Subsections (d-10), (d-15), and
26    (d-20) of Section 10-20.56 of this Code; and

 

 

10300SB0090sam002- 33 -LRB103 05472 RJT 61290 a

1        (28) Sections 10-20.83 and 34-18.78 of this Code; .
2        (29) (27) Section 10-20.13 of this Code;
3        (30) (28) Section 28-19.2 of this Code; and
4        (31) (29) Section 34-21.6 of this Code; .
5        (32) (25) Section 22-85.10 of this Code; .
6        (33) Section 2-3.196 of this Code;
7        (34) Section 22-95 of this Code;
8        (35) Section 34-18.62 of this Code; and
9        (36) the Illinois Human Rights Act.
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

 

 

10300SB0090sam002- 34 -LRB103 05472 RJT 61290 a

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;

 

 

10300SB0090sam002- 35 -LRB103 05472 RJT 61290 a

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

 

 

10300SB0090sam002- 36 -LRB103 05472 RJT 61290 a

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

 

 

10300SB0090sam002- 37 -LRB103 05472 RJT 61290 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

 

 

10300SB0090sam002- 38 -LRB103 05472 RJT 61290 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.

 

 

10300SB0090sam002- 39 -LRB103 05472 RJT 61290 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

 

 

10300SB0090sam002- 40 -LRB103 05472 RJT 61290 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;

 

 

10300SB0090sam002- 41 -LRB103 05472 RJT 61290 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; .
20        (33) Section 2-3.196 of this Code;
21        (34) Section 22-95 of this Code;
22        (35) Section 34-18.62 of this Code; and
23        (36) the Illinois Human Rights Act.
24    The change made by Public Act 96-104 to this subsection
25(g) is declaratory of existing law.
26    (h) A charter school may negotiate and contract with a

 

 

10300SB0090sam002- 42 -LRB103 05472 RJT 61290 a

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

 

 

10300SB0090sam002- 43 -LRB103 05472 RJT 61290 a

1by converting an existing school or attendance center to
2charter school status be required to pay rent for space that is
3deemed available, as negotiated and provided in the charter
4agreement, in school district facilities. However, all other
5costs for the operation and maintenance of school district
6facilities that are used by the charter school shall be
7subject to negotiation between the charter school and the
8local school board and shall be set forth in the charter.
9    (j) A charter school may limit student enrollment by age
10or grade level.
11    (k) If the charter school is approved by the State Board or
12Commission, then the charter school is its own local education
13agency.
14(Source: P.A. 101-50, eff. 7-1-20; 101-81, eff. 7-12-19;
15101-291, eff. 1-1-20; 101-531, eff. 8-23-19; 101-543, eff.
168-23-19; 101-654, eff. 3-8-21; 102-51, eff. 7-9-21; 102-157,
17eff. 7-1-22; 102-360, eff. 1-1-22; 102-445, eff. 8-20-21;
18102-466, eff. 7-1-25; 102-522, eff. 8-20-21; 102-558, eff.
198-20-21; 102-676, eff. 12-3-21; 102-697, eff. 4-5-22; 102-702,
20eff. 7-1-23; 102-805, eff. 1-1-23; 102-813, eff. 5-13-22;
21revised 12-13-22.)
 
22    (105 ILCS 5/34-18.62)
23    Sec. 34-18.62. Policies Policy on discrimination and
24sexual harassment; prevention and response program.
25    (a) The school district must create, maintain, and

 

 

10300SB0090sam002- 44 -LRB103 05472 RJT 61290 a

1implement an age-appropriate policy on sexual harassment that
2must be posted on the school district's website and, if
3applicable, any other area where policies, rules, and
4standards of conduct are currently posted in each school and
5must also be included in the school district's student code of
6conduct handbook.
7    (b) The school district must create, maintain, and
8implement a policy or policies prohibiting discrimination and
9harassment against students based on race, color, and national
10origin and prohibiting retaliation against students for
11submitting a complaint. Such policy or policies may be
12included as part of a broader anti-harassment or
13anti-discrimination policy provided they are distinguished
14with an appropriate title, heading, or label. The policy or
15policies adopted under this subsection (b) must comply with
16and be distributed in accordance with subsection (a) of
17Section 22-95 of the Code.
18    (c) The school district must establish procedures for
19responding to student complaints of discrimination,
20harassment, and retaliation based on race, color, or national
21origin. These procedures must comply with subsection (b) of
22Section 22-95 of the Code.
23(Source: P.A. 101-418, eff. 1-1-20; 102-558, eff. 8-20-21.)
 
24    Section 15. The Illinois Human Rights Act is amended by
25changing Sections 1-102, 5-102.2, 5A-101, 5A-102, and 6-101

 

 

10300SB0090sam002- 45 -LRB103 05472 RJT 61290 a

1and by adding Sections 5A-103 and 5A-104 as follows:
 
2    (775 ILCS 5/1-102)  (from Ch. 68, par. 1-102)
3    Sec. 1-102. Declaration of Policy. It is the public
4policy of this State:
5    (A) Freedom from Unlawful Discrimination. To secure for
6all individuals within Illinois the freedom from
7discrimination based on against any individual because of his
8or her race, color, religion, sex, national origin, ancestry,
9age, order of protection status, marital status, physical or
10mental disability, military status, sexual orientation,
11pregnancy, or unfavorable discharge from military service in
12connection with employment, real estate transactions, access
13to financial credit, and the availability of public
14accommodations, including freedom from discrimination in the
15educational environment in elementary, secondary, and higher
16education.
17    (B) Freedom from Sexual Harassment-Employment and
18Elementary, Secondary, and Higher Education. To prevent sexual
19harassment in employment, real estate transactions, and and
20sexual harassment in elementary, secondary, and higher
21education.
22    (C) Freedom from Discrimination in Employment Based on
23Citizenship Status-Employment. To prevent discrimination in
24employment based on arrest records, conviction records,
25language, work authorization status, or citizenship status in

 

 

10300SB0090sam002- 46 -LRB103 05472 RJT 61290 a

1employment.
2    (C-5) (Blank). Freedom from Discrimination Based on Work
3Authorization Status-Employment. To prevent discrimination
4based on the specific status or term of status that
5accompanies a legal work authorization.
6    (D) Freedom from Discrimination in Based on Familial
7Status or Source of Income-Real Estate Transactions. To
8prevent discrimination in real estate transactions based on
9arrest records, familial status, or source of income in real
10estate transactions.
11    (E) Public Health, Welfare and Safety. To promote the
12public health, welfare and safety by protecting the interest
13of all people in Illinois in maintaining personal dignity, in
14realizing their full productive capacities, and in furthering
15their interests, rights and privileges as citizens of this
16State.
17    (F) Implementation of Constitutional Guarantees. To secure
18and guarantee the rights established by Sections 17, 18 and 19
19of Article I of the Illinois Constitution of 1970.
20    (G) Equal Opportunity, Affirmative Action. To establish
21Equal Opportunity and Affirmative Action as the policies of
22this State in all of its decisions, programs and activities,
23and to assure that all State departments, boards, commissions
24and instrumentalities rigorously take affirmative action to
25provide equality of opportunity and eliminate the effects of
26past discrimination in the internal affairs of State

 

 

10300SB0090sam002- 47 -LRB103 05472 RJT 61290 a

1government and in their relations with the public.
2    (H) Unfounded Charges. To protect citizens of this State
3against unfounded charges of prohibited unlawful
4discrimination, sexual harassment in employment, real estate
5transactions, financial credit, public accommodations, and
6sexual harassment in elementary, secondary, and higher
7education, and discrimination based on citizenship status or
8work authorization status in employment.
9(Source: P.A. 102-233, eff. 8-2-21; 102-896, eff. 1-1-23.)
 
10    (775 ILCS 5/5-102.2)
11    Sec. 5-102.2. Jurisdiction limited. In regard to places of
12public accommodation defined in paragraph (11) of Section
135-101, the jurisdiction under this Article of the Department
14is limited to: (1) the failure to enroll an individual; (2) the
15denial or refusal of full and equal enjoyment of facilities,
16goods, or services; or (3) severe or pervasive harassment of
17an individual when the covered entity fails to take corrective
18action to stop the severe or pervasive harassment. This
19limitation on jurisdiction set forth in this Section does not
20apply to civil rights violations under Article 2, 3, 4, 5A, or
216.
22(Source: P.A. 102-1102, eff. 1-1-23.)
 
23    (775 ILCS 5/5A-101)  (from Ch. 68, par. 5A-101)
24    Sec. 5A-101. Definitions. The following definitions are

 

 

10300SB0090sam002- 48 -LRB103 05472 RJT 61290 a

1applicable strictly in the content of this Article, except
2that the term "sexual harassment in elementary, secondary, and
3higher education" as defined herein has the meaning herein
4ascribed to it whenever that term is used anywhere in this Act.
5    (A) Institution of Elementary, Secondary, or Higher
6Education. "Institution of elementary, secondary, or higher
7education" means: (1) a publicly or privately operated
8university, college, community college, junior college,
9business or vocational school, or other educational
10institution offering degrees and instruction beyond the
11secondary school level; or (2) a publicly or privately
12operated elementary school or secondary school.
13    (B) Degree. "Degree" means: (1) a designation,
14appellation, series of letters or words or other symbols which
15signifies or purports to signify that the recipient thereof
16has satisfactorily completed an organized academic, business
17or vocational program of study offered beyond the secondary
18school level; or (2) a designation signifying that the
19recipient has graduated from an elementary school or secondary
20school.
21    (C) Student. "Student" means any individual admitted to or
22applying for admission to an institution of elementary,
23secondary, or higher education, or enrolled on a full or part
24time basis in a course or program of academic, business or
25vocational instruction offered by or through an institution of
26elementary, secondary, or higher education.

 

 

10300SB0090sam002- 49 -LRB103 05472 RJT 61290 a

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

 

 

10300SB0090sam002- 50 -LRB103 05472 RJT 61290 a

1environment; or when the elementary, secondary, or higher
2education representative either explicitly or implicitly makes
3the student's submission to such conduct a term or condition
4of, or uses the student's submission to or rejection of such
5conduct as a basis for determining:
6        (1) Whether the student will be admitted to an
7    institution of elementary, secondary, or higher education;
8        (2) The educational performance required or expected
9    of the student;
10        (3) The attendance or assignment requirements
11    applicable to the student;
12        (4) To what courses, fields of study or programs,
13    including honors and graduate programs, the student will
14    be admitted;
15        (5) What placement or course proficiency requirements
16    are applicable to the student;
17        (6) The quality of instruction the student will
18    receive;
19        (7) What tuition or fee requirements are applicable to
20    the student;
21        (8) What scholarship opportunities are available to
22    the student;
23        (9) What extracurricular teams the student will be a
24    member of or in what extracurricular competitions the
25    student will participate;
26        (10) Any grade the student will receive in any

 

 

10300SB0090sam002- 51 -LRB103 05472 RJT 61290 a

1    examination or in any course or program of instruction in
2    which the student is enrolled;
3        (11) The progress of the student toward successful
4    completion of or graduation from any course or program of
5    instruction in which the student is enrolled; or
6        (12) What degree, if any, the student will receive.
7    (F) Harassment in Elementary, Secondary, or Higher
8Education. "Harassment in elementary, secondary, or higher
9education" means any unwelcome conduct by an elementary,
10secondary or higher education representative toward a student
11on the basis of a student's actual or perceived race, color,
12religion, national origin, ancestry, age, sex, marital status,
13order of protection status, disability, military status,
14sexual orientation, pregnancy, or unfavorable discharge from
15military service that has the purpose or effect of
16substantially interfering with a student's educational
17performance or creating an intimidating, hostile, or offensive
18educational environment.
19    (G) Educational Environment. As used in "educational
20environment" includes conduct that occurs at school,
21school-related activities, or events, and may include conduct
22that occurs off school grounds, subject to applicable state
23and federal law.
24(Source: P.A. 96-1319, eff. 7-27-10.)
 
25    (775 ILCS 5/5A-102)  (from Ch. 68, par. 5A-102)

 

 

10300SB0090sam002- 52 -LRB103 05472 RJT 61290 a

1    Sec. 5A-102. Civil Rights Violations-Elementary,
2Secondary, and Higher Education. It is a civil rights
3violation:
4        (A) Sexual Harassment; Elementary Elementary,
5    Secondary, or Higher Education Representative. For any
6    elementary, secondary, or higher education representative
7    to commit or engage in sexual harassment in elementary,
8    secondary, or higher education.
9        (B) Sexual Harassment; Institution Institution of
10    Elementary, Secondary, or Higher Education. For any
11    institution of elementary, secondary, or higher education
12    to fail to take remedial action, or to fail to take
13    appropriate disciplinary action against an elementary,
14    secondary, or higher education representative employed by
15    such institution, when such institution knows that such
16    elementary, secondary, or higher education representative
17    was committing or engaging in or committed or engaged in
18    sexual harassment in elementary, secondary, or higher
19    education.
20        (C) Harassment; Elementary, Secondary, or Higher
21    Education Representative. For any elementary, secondary,
22    or higher education representative to commit or engage in
23    harassment in elementary, secondary, or higher education.
24        (D) Harassment; Institution of Elementary, Secondary,
25    or Higher Education. For any institution of elementary,
26    secondary, or higher education to fail to take appropriate

 

 

10300SB0090sam002- 53 -LRB103 05472 RJT 61290 a

1    corrective action to stop harassment if the institution
2    knows that the student or elementary, secondary, or higher
3    education representative was committing or engaging in or
4    committed or engaged in harassment in elementary,
5    secondary, or higher education.
6    Nothing in this Article 5A shall be construed to limit
7jurisdiction under Section 5-102.2.
8        (E) Failure to Report. For any school district
9    established under the School Code or institutions of
10    elementary or secondary education covered by this Act to
11    fail to disclose information as required by Section
12    9-3.164 of the School Code.
13(Source: P.A. 96-574, eff. 8-18-09; 96-1319, eff. 7-27-10.)
 
14    (775 ILCS 5/5A-103 new)
15    Sec. 5A-103. Discrimination and harassment based on race,
16color, or national origin.
17    (a) The General Assembly finds that harassment and
18discrimination based on race, color, or national origin has a
19detrimental influence in schools, contributing to
20psychological and physical harm and poorer academic outcomes
21for students of color, and higher rates of teacher turnover
22among teachers of color. It is the General Assembly's intent
23that each institution of elementary and secondary education in
24the State adopt and actively implement policies to reduce and
25respond effectively to harassment and discrimination based on

 

 

10300SB0090sam002- 54 -LRB103 05472 RJT 61290 a

1race, color, or national origin; to provide students, parents
2or guardians, and employees information on how to recognize
3and report harassment and discrimination; and, for students,
4parents or guardians, and employees, to report harassment and
5discrimination based on race, color, or national origin
6without fear of retaliation, loss of status, or loss of
7opportunities.
8    (b) The Department shall produce a model training program
9aimed at the prevention of discrimination and harassment based
10on race, color, and national origin in institutions of
11elementary and secondary education. The model program shall be
12made available to institutions of elementary and secondary
13education and to the public online at no cost. This model
14program shall regard participants as potential bystanders,
15rather than potential offenders, and include, at a minimum,
16the following:
17        (1) a primary focus on preventing discrimination and
18    harassment based on race, color, or national origin and
19    retaliation;
20        (2) an explanation of discrimination and harassment
21    based on race, color, or national origin and retaliation;
22        (3) examples of conduct that constitutes
23    discrimination and harassment based on race, color, or
24    national origin and retaliation;
25        (4) an explanation, with examples, of how patterns of
26    conduct can, taken together over time, rise to the level

 

 

10300SB0090sam002- 55 -LRB103 05472 RJT 61290 a

1    of bullying, harassment, or discrimination;
2        (5) an explanation of the difference between
3    discrimination based on disparate treatment and
4    discrimination based on disparate impact;
5        (6) a summary of other classes that are protected from
6    harassment and discrimination, and a statement that
7    training intended to improve recognition of discrimination
8    and harassment based on race, color, and national origin
9    does not diminish protections under the law for other
10    protected classes;
11        (7) an explanation of the difference between
12    harassment as defined under this Act and bullying;
13        (8) a summary of relevant federal and State statutory
14    provisions concerning discrimination and harassment based
15    on race, color, and national origin and retaliation
16    including remedies available to victims;
17        (9) directions on how to contact the Department if a
18    school fails to take corrective action to stop harassment
19    or discrimination;
20        (10) a summary of responsibilities of institutions of
21    elementary or secondary education in the prevention,
22    investigation, and correction of discrimination,
23    harassment, and retaliation; and
24        (11) an explanation of the liability for
25    discrimination, harassment, and retaliation under this
26    Act.

 

 

10300SB0090sam002- 56 -LRB103 05472 RJT 61290 a

1    (c) Every institution of elementary or secondary education
2in this State shall use the model training program developed
3by the Department, establish its own training program that
4equals or exceeds the minimum standards set forth in
5subsection (b), or use an existing discrimination and
6harassment prevention training program that equals or exceeds
7the minimum standards set forth in subsection (b). The
8training program shall be provided as a component of all new
9employee training programs for elementary and secondary
10education representatives and to existing representatives at
11least once every 2 years. For the purposes of satisfying the
12requirements under this Section, the Department's model
13program may be used to supplement any existing program an
14institution of elementary or secondary education is utilizing
15or develops.
16    (d) Upon notification of a violation of subsection (c),
17the Department may launch a preliminary investigation. If the
18Department finds a violation of this Section, the Department
19may issue a notice to show cause, giving the institution of
20elementary or secondary education 30 days to correct the
21violation. If the institution of elementary or secondary
22education does not correct the violation within 30 days, the
23Department may initiate a charge of a civil rights violation.
 
24    (775 ILCS 5/6-101)  (from Ch. 68, par. 6-101)
25    Sec. 6-101. Additional civil rights violations under

 

 

10300SB0090sam002- 57 -LRB103 05472 RJT 61290 a

1Articles 2, 4, 5, and 5A. It is a civil rights violation for a
2person, or for 2 or more persons, to conspire to:
3        (A) Retaliation. Retaliate against a person because
4    that person he or she has:
5            (i) opposed or reported conduct that the person
6        that which he or she reasonably and in good faith
7        believes to be prohibited unlawful discrimination,
8        sexual harassment in employment, sexual harassment in
9        elementary, secondary, and higher education, or
10        discrimination based on arrest record, citizenship
11        status, or work authorization status in employment
12        under Articles 2, 4, 5, and 5A; , because he or she has
13            (ii) made a charge, filed a complaint, testified,
14        assisted, or participated in an investigation,
15        proceeding, or hearing under this Act; or , or because
16        he or she has
17            (iii) requested, attempted to request, used, or
18        attempted to use a reasonable accommodation as allowed
19        by this Act;
20        (B) Aiding and Abetting; Coercion. Aid, abet, compel,
21    or coerce a person to commit any violation of this Act;
22        (C) Interference. Wilfully interfere with the
23    performance of a duty or the exercise of a power by the
24    Commission or one of its members or representatives or the
25    Department or one of its officers or employees.
26    Definitions. For the purposes of this Section, "sexual

 

 

10300SB0090sam002- 58 -LRB103 05472 RJT 61290 a

1harassment", "citizenship status", and "work authorization
2status" shall have the same meaning as defined in Section
32-101 of this Act.
4(Source: P.A. 102-233, eff. 8-2-21; 102-362, eff. 1-1-22;
5102-813, eff. 5-13-22.)
 
6    Section 95. No acceleration or delay. Where this Act makes
7changes in a statute that is represented in this Act by text
8that is not yet or no longer in effect (for example, a Section
9represented by multiple versions), the use of that text does
10not accelerate or delay the taking effect of (i) the changes
11made by this Act or (ii) provisions derived from any other
12Public Act.
 
13    Section 99. Effective date. This Act takes effect August
141, 2024.".