101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB4013

 

Introduced 1/8/2020, by Rep. Daniel Didech

 

SYNOPSIS AS INTRODUCED:
 
105 ILCS 5/22-84 new

    Amends the School Code. Provides that a public school that has a limited open forum may not deny equal access or a fair opportunity to, or discriminate against, any students who wish to conduct or participate in a meeting or an extracurricular student group within its limited open forum on the basis of the religious, political, philosophical, or other content of the speech at the meeting. Defines terms. Describes what is deemed a fair opportunity. Provides that an extracurricular student group may be student-initiated or teacher-initiated. Provides that a teacher who initiates an extracurricular student group may not receive additional compensation for the teacher's sponsorship of the extracurricular student group, but the extracurricular student group may accept grants or donations from nonprofit organizations to support its operations and activities. Effective July 31, 2020.


LRB101 13806 AWJ 62664 b

 

 

A BILL FOR

 

HB4013LRB101 13806 AWJ 62664 b

1    AN ACT concerning education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The School Code is amended by adding Section
522-84 as follows:
 
6    (105 ILCS 5/22-84 new)
7    Sec. 22-84. Student meeting and group equal access;
8teacher-initiated student groups.
9    (a) As used in this Section:
10    "Access" means all recognition and privileges afforded to
11student meetings or extracurricular student groups at a school,
12including physical meeting space on school premises,
13announcements of meetings in the school newspaper or on
14bulletin boards, and announcements over the public address
15system.
16    "Extracurricular student group" means a student-initiated
17or teacher-initiated, noncurriculum-related student group
18limited to students currently enrolled in a school.
19    "Limited open forum" means when a school grants an offering
20to or opportunity for one or more extracurricular student
21groups to meet on school premises during noninstructional time.
22    "Meeting" includes activities of extracurricular student
23groups that are permitted under a school's limited open forum

 

 

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1and are not directly related to the school curriculum.
2    "Noninstructional time" means time set aside by a school
3before actual classroom instruction begins or after actual
4classroom instruction ends.
5    (b) A public school that has a limited open forum may not
6deny equal access or a fair opportunity to, or discriminate
7against, any students who wish to conduct or participate in a
8meeting or an extracurricular student group within that limited
9open forum on the basis of the religious, political,
10philosophical, or other content of the speech at the meeting.
11    (c) Schools shall be deemed to offer a fair opportunity to
12students who wish to conduct or participate in a meeting or an
13extracurricular student group within its limited open forum if
14the school uniformly provides that:
15        (1) the participation in the meeting is voluntary and
16    student-initiated;
17        (2) there is no sponsorship of the meeting by the
18    school or its agents or employees;
19        (3) employees or agents of the school are present at
20    religious meetings only in a nonparticipatory capacity;
21        (4) the meeting does not materially and substantially
22    interfere with the orderly conduct of educational
23    activities within the school; and
24        (5) nonschool persons may not direct, conduct,
25    control, or regularly attend activities of extracurricular
26    student groups.

 

 

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1    (d) An extracurricular student group may be
2student-initiated or teacher-initiated. A teacher who
3initiates an extracurricular student group may not receive
4additional compensation for the teacher's sponsorship of the
5extracurricular student group, but the extracurricular student
6group may accept grants or donations from nonprofit
7organizations to support its operations and activities.
8    (e) Nothing in this Section shall be construed to authorize
9a school:
10        (1) to influence the form or content of any prayer or
11    other religious activity;
12        (2) to require any person to participate in a prayer or
13    other religious activity;
14        (3) to expend public funds beyond the incidental cost
15    of providing the space for student-initiated meetings;
16        (4) to compel any school agent or employee to attend a
17    school meeting if the content of the speech at the meeting
18    is contrary to the beliefs of the agent or employee;
19        (5) to sanction meetings that are otherwise unlawful;
20        (6) to limit the rights of groups of students that are
21    not of a specified numerical size; or
22        (7) to abridge the constitutional rights of any person.
23    (f) Nothing in this Section shall be construed to limit the
24authority of the school or its agents or employees to maintain
25order and discipline on school premises, to protect the
26well-being of students and faculty, and to ensure that

 

 

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1attendance of students at meetings or extracurricular student
2groups is voluntary.
 
3    Section 99. Effective date. This Act takes effect July 31,
42020.