103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB2049

 

Introduced 2/7/2023, by Rep. Maurice A. West, II - Barbara Hernandez

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the School Code. Provides that each school district must create, implement, and maintain an age-appropriate policy on race-related harassment and discrimination. In provisions concerning bullying prevention, provides that the required policy on bullying shall also include age-appropriate information about the definitions of harassment and sexual harassment, the procedures for reporting harassment, and the protections and relief available under Illinois Human Rights Act. Amends the Illinois Human Rights Act. Provides that harassment by an elementary, secondary, or higher education representative or the failure of an institution of elementary, secondary, or higher education to take remedial action or appropriate disciplinary action against a student or an elementary, secondary, or higher education representative employed by the institution (if the institution knows that the student or representative committed or engaged in harassment) is a civil rights violation. Provides that each institution of elementary, secondary, or higher education shall establish, implement, and maintain a continuing race-related discrimination and harassment program. Sets forth requirements concerning policies and procedures, a model training program, and reporting. Makes other changes. Effective August 1, 2024.


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STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT
MAY APPLY

 

 

A BILL FOR

 

HB2049LRB103 26757 RJT 53120 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 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
16must also be included in the school district's student code of
17conduct handbook.
18    (b) Each school district must create, implement, and
19maintain an age-appropriate policy on race-related harassment
20and discrimination. This policy must be in compliance with and
21distributed in accordance with Section 5A-103 of the Illinois
22Human Rights Act.

 

 

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1(Source: P.A. 101-418, eff. 1-1-20; 102-558, eff. 8-20-21.)
 
2    (105 ILCS 5/27-23.7)
3    Sec. 27-23.7. Bullying prevention.
4    (a) The General Assembly finds that a safe and civil
5school environment is necessary for students to learn and
6achieve and that bullying causes physical, psychological, and
7emotional harm to students and interferes with students'
8ability to learn and participate in school activities. The
9General Assembly further finds that bullying has been linked
10to other forms of antisocial behavior, such as vandalism,
11shoplifting, skipping and dropping out of school, fighting,
12using drugs and alcohol, sexual harassment, and sexual
13violence. Because of the negative outcomes associated with
14bullying in schools, the General Assembly finds that school
15districts, charter schools, and non-public, non-sectarian
16elementary and secondary schools should educate students,
17parents, and school district, charter school, or non-public,
18non-sectarian elementary or secondary school personnel about
19what behaviors constitute prohibited bullying.
20    Bullying on the basis of actual or perceived race, color,
21religion, sex, national origin, ancestry, age, marital status,
22physical or mental disability, military status, sexual
23orientation, gender-related identity or expression,
24unfavorable discharge from military service, association with
25a person or group with one or more of the aforementioned actual

 

 

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

 

 

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1any right to exercise free expression or the free exercise of
2religion or religiously based views protected under the First
3Amendment to the United States Constitution or under Section 3
4of Article I of the Illinois Constitution.
5    (b) In this Section:
6    "Bullying" includes "cyber-bullying" and means any severe
7or pervasive physical or verbal act or conduct, including
8communications made in writing or electronically, directed
9toward a student or students that has or can be reasonably
10predicted to have the effect of one or more of the following:
11        (1) placing the student or students in reasonable fear
12    of harm to the student's or students' person or property;
13        (2) causing a substantially detrimental effect on the
14    student's or students' physical or mental health;
15        (3) substantially interfering with the student's or
16    students' academic performance; or
17        (4) substantially interfering with the student's or
18    students' ability to participate in or benefit from the
19    services, activities, or privileges provided by a school.
20    Bullying, as defined in this subsection (b), may take
21various forms, including without limitation one or more of the
22following: harassment, threats, intimidation, stalking,
23physical violence, sexual harassment, sexual violence, racial
24harassment, racial violence, theft, public humiliation,
25destruction of property, or retaliation for asserting or
26alleging an act of bullying. This list is meant to be

 

 

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1illustrative and non-exhaustive.
2    "Cyber-bullying" means bullying through the use of
3technology or any electronic communication, including without
4limitation any transfer of signs, signals, writing, images,
5sounds, data, or intelligence of any nature transmitted in
6whole or in part by a wire, radio, electromagnetic system,
7photoelectronic system, or photooptical system, including
8without limitation electronic mail, Internet communications,
9instant messages, or facsimile communications.
10"Cyber-bullying" includes the creation of a webpage or weblog
11in which the creator assumes the identity of another person or
12the knowing impersonation of another person as the author of
13posted content or messages if the creation or impersonation
14creates any of the effects enumerated in the definition of
15bullying in this Section. "Cyber-bullying" also includes the
16distribution by electronic means of a communication to more
17than one person or the posting of material on an electronic
18medium that may be accessed by one or more persons if the
19distribution or posting creates any of the effects enumerated
20in the definition of bullying in this Section.
21    "Policy on bullying" means a bullying prevention policy
22that meets the following criteria:
23        (1) Includes the bullying definition provided in this
24    Section.
25        (1.5) Includes age-appropriate information about the
26    definitions of harassment in elementary, secondary, or

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1    provided to school administrators, school board members,
2    school personnel, parents, guardians, and students.
3        (12) Is consistent with the policies of the school
4    board, charter school, or non-public, non-sectarian
5    elementary or secondary school.
6    "Restorative measures" means a continuum of school-based
7alternatives to exclusionary discipline, such as suspensions
8and expulsions, that: (i) are adapted to the particular needs
9of the school and community, (ii) contribute to maintaining
10school safety, (iii) protect the integrity of a positive and
11productive learning climate, (iv) teach students the personal
12and interpersonal skills they will need to be successful in
13school and society, (v) serve to build and restore
14relationships among students, families, schools, and
15communities, (vi) reduce the likelihood of future disruption
16by balancing accountability with an understanding of students'
17behavioral health needs in order to keep students in school,
18and (vii) increase student accountability if the incident of
19bullying is based on religion, race, ethnicity, or any other
20category that is identified in the Illinois Human Rights Act.
21    "School personnel" means persons employed by, on contract
22with, or who volunteer in a school district, charter school,
23or non-public, non-sectarian elementary or secondary school,
24including without limitation school and school district
25administrators, teachers, school social workers, school
26counselors, school psychologists, school nurses, cafeteria

 

 

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1workers, custodians, bus drivers, school resource officers,
2and security guards.
3    (c) (Blank).
4    (d) Each school district, charter school, and non-public,
5non-sectarian elementary or secondary school shall create,
6maintain, and implement a policy on bullying, which policy
7must be filed with the State Board of Education. The policy or
8implementing procedure shall include a process to investigate
9whether a reported act of bullying is within the permissible
10scope of the district's or school's jurisdiction and whether
11the reported act of bullying meets the threshold for
12harassment in elementary, secondary, or higher education under
13the Illinois Human Rights Act and shall require that the
14district or school provide the victim with information
15regarding services that are available within the district and
16community, such as counseling, support services, and other
17programs, and the protections and relief available under
18Articles 7A and 8A of the Illinois Human Rights Act in cases in
19which the reported act of bullying meets the threshold for
20harassment in elementary, secondary, or higher education under
21the Illinois Human Rights Act. School personnel available for
22help with a bully or to make a report about bullying shall be
23made known to parents or legal guardians, students, and school
24personnel. Every 2 years, each school district, charter
25school, and non-public, non-sectarian elementary or secondary
26school shall conduct a review and re-evaluation of its policy

 

 

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1and make any necessary and appropriate revisions, including
2revisions that prevent harassment if appropriate. No later
3than September 30 of the subject year, the policy must be filed
4with the State Board of Education after being updated. The
5State Board of Education shall monitor and provide technical
6support for the implementation of policies created under this
7subsection (d). In monitoring the implementation of the
8policies, the State Board of Education shall review each filed
9policy on bullying to ensure all policies meet the
10requirements set forth in this Section, including ensuring
11that each policy meets the 12 criterion identified within the
12definition of "policy on bullying" set forth in this Section.
13    If a school district, charter school, or non-public,
14non-sectarian elementary or secondary school fails to file a
15policy on bullying by September 30 of the subject year, the
16State Board of Education shall provide a written request for
17filing to the school district, charter school, or non-public,
18non-sectarian elementary or secondary school. If a school
19district, charter school, or non-public, non-sectarian
20elementary or secondary school fails to file a policy on
21bullying within 14 days of receipt of the aforementioned
22written request, the State Board of Education shall publish
23notice of the non-compliance on the State Board of Education's
24website.
25    (e) This Section shall not be interpreted to prevent a
26victim from seeking redress under any other available civil or

 

 

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1criminal law.
2(Source: P.A. 102-197, eff. 7-30-21; 102-241, eff. 8-3-21;
3102-813, eff. 5-13-22; 102-894, eff. 5-20-22.)
 
4    (105 ILCS 5/27A-5)
5    (Text of Section before amendment by P.A. 102-466 and
6102-702)
7    Sec. 27A-5. Charter school; legal entity; requirements.
8    (a) A charter school shall be a public, nonsectarian,
9nonreligious, non-home based, and non-profit school. A charter
10school shall be organized and operated as a nonprofit
11corporation or other discrete, legal, nonprofit entity
12authorized under the laws of the State of Illinois.
13    (b) A charter school may be established under this Article
14by creating a new school or by converting an existing public
15school or attendance center to charter school status.
16Beginning on April 16, 2003 (the effective date of Public Act
1793-3), in all new applications to establish a charter school
18in a city having a population exceeding 500,000, operation of
19the charter school shall be limited to one campus. The changes
20made to this Section by Public Act 93-3 do not apply to charter
21schools existing or approved on or before April 16, 2003 (the
22effective date of Public Act 93-3).
23    (b-5) In this subsection (b-5), "virtual-schooling" means
24a cyber school where students engage in online curriculum and
25instruction via the Internet and electronic communication with

 

 

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

 

 

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

 

 

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1Board has established goals and learning standards or which is
2designed primarily to impart knowledge and skills for students
3to master and apply as an outcome of their education.
4    A charter school shall comply with all non-curricular
5health and safety requirements applicable to public schools
6under the laws of the State of Illinois. On or before September
71, 2015, the State Board shall promulgate and post on its
8Internet website a list of non-curricular health and safety
9requirements that a charter school must meet. The list shall
10be updated annually no later than September 1. Any charter
11contract between a charter school and its authorizer must
12contain a provision that requires the charter school to follow
13the list of all non-curricular health and safety requirements
14promulgated by the State Board and any non-curricular health
15and safety requirements added by the State Board to such list
16during the term of the charter. Nothing in this subsection (d)
17precludes an authorizer from including non-curricular health
18and safety requirements in a charter school contract that are
19not contained in the list promulgated by the State Board,
20including non-curricular health and safety requirements of the
21authorizing local school board.
22    (e) Except as otherwise provided in the School Code, a
23charter school shall not charge tuition; provided that a
24charter school may charge reasonable fees for textbooks,
25instructional materials, and student activities.
26    (f) A charter school shall be responsible for the

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1subject to negotiation between the charter school and the
2local school board and shall be set forth in the charter.
3    (j) A charter school may limit student enrollment by age
4or grade level.
5    (k) If the charter school is approved by the State Board or
6Commission, then the charter school is its own local education
7agency.
8(Source: P.A. 101-50, eff. 7-1-20; 101-81, eff. 7-12-19;
9101-291, eff. 1-1-20; 101-531, eff. 8-23-19; 101-543, eff.
108-23-19; 101-654, eff. 3-8-21; 102-51, eff. 7-9-21; 102-157,
11eff. 7-1-22; 102-360, eff. 1-1-22; 102-445, eff. 8-20-21;
12102-522, eff. 8-20-21; 102-558, eff. 8-20-21; 102-676, eff.
1312-3-21; 102-697, eff. 4-5-22; 102-805, eff. 1-1-23; 102-813,
14eff. 5-13-22; revised 12-13-22.)
 
15    (Text of Section after amendment by P.A. 102-702 but
16before amendment by P.A. 102-466)
17    Sec. 27A-5. Charter school; legal entity; requirements.
18    (a) A charter school shall be a public, nonsectarian,
19nonreligious, non-home based, and non-profit school. A charter
20school shall be organized and operated as a nonprofit
21corporation or other discrete, legal, nonprofit entity
22authorized under the laws of the State of Illinois.
23    (b) A charter school may be established under this Article
24by creating a new school or by converting an existing public
25school or attendance center to charter school status.

 

 

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1Beginning on April 16, 2003 (the effective date of Public Act
293-3), in all new applications to establish a charter school
3in a city having a population exceeding 500,000, operation of
4the charter school shall be limited to one campus. The changes
5made to this Section by Public Act 93-3 do not apply to charter
6schools existing or approved on or before April 16, 2003 (the
7effective date of Public Act 93-3).
8    (b-5) In this subsection (b-5), "virtual-schooling" means
9a cyber school where students engage in online curriculum and
10instruction via the Internet and electronic communication with
11their teachers at remote locations and with students
12participating at different times.
13    From April 1, 2013 through December 31, 2016, there is a
14moratorium on the establishment of charter schools with
15virtual-schooling components in school districts other than a
16school district organized under Article 34 of this Code. This
17moratorium does not apply to a charter school with
18virtual-schooling components existing or approved prior to
19April 1, 2013 or to the renewal of the charter of a charter
20school with virtual-schooling components already approved
21prior to April 1, 2013.
22    (c) A charter school shall be administered and governed by
23its board of directors or other governing body in the manner
24provided in its charter. The governing body of a charter
25school shall be subject to the Freedom of Information Act and
26the Open Meetings Act. No later than January 1, 2021 (one year

 

 

HB2049- 23 -LRB103 26757 RJT 53120 b

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

 

 

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1the State Board of Education.
2    (d) For purposes of this subsection (d), "non-curricular
3health and safety requirement" means any health and safety
4requirement created by statute or rule to provide, maintain,
5preserve, or safeguard safe or healthful conditions for
6students and school personnel or to eliminate, reduce, or
7prevent threats to the health and safety of students and
8school personnel. "Non-curricular health and safety
9requirement" does not include any course of study or
10specialized instructional requirement for which the State
11Board has established goals and learning standards or which is
12designed primarily to impart knowledge and skills for students
13to master and apply as an outcome of their education.
14    A charter school shall comply with all non-curricular
15health and safety requirements applicable to public schools
16under the laws of the State of Illinois. On or before September
171, 2015, the State Board shall promulgate and post on its
18Internet website a list of non-curricular health and safety
19requirements that a charter school must meet. The list shall
20be updated annually no later than September 1. Any charter
21contract between a charter school and its authorizer must
22contain a provision that requires the charter school to follow
23the list of all non-curricular health and safety requirements
24promulgated by the State Board and any non-curricular health
25and safety requirements added by the State Board to such list
26during the term of the charter. Nothing in this subsection (d)

 

 

HB2049- 25 -LRB103 26757 RJT 53120 b

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

 

 

HB2049- 26 -LRB103 26757 RJT 53120 b

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

 

 

HB2049- 27 -LRB103 26757 RJT 53120 b

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

 

 

HB2049- 28 -LRB103 26757 RJT 53120 b

1        (32) (25) Section 22-85.10 of this Code; and .
2        (33) Sections 10-20.69 and 34-18.62 of this Code.
3    The change made by Public Act 96-104 to this subsection
4(g) is declaratory of existing law.
5    (h) A charter school may negotiate and contract with a
6school district, the governing body of a State college or
7university or public community college, or any other public or
8for-profit or nonprofit private entity for: (i) the use of a
9school building and grounds or any other real property or
10facilities that the charter school desires to use or convert
11for use as a charter school site, (ii) the operation and
12maintenance thereof, and (iii) the provision of any service,
13activity, or undertaking that the charter school is required
14to perform in order to carry out the terms of its charter.
15However, a charter school that is established on or after
16April 16, 2003 (the effective date of Public Act 93-3) and that
17operates in a city having a population exceeding 500,000 may
18not contract with a for-profit entity to manage or operate the
19school during the period that commences on April 16, 2003 (the
20effective date of Public Act 93-3) and concludes at the end of
21the 2004-2005 school year. Except as provided in subsection
22(i) of this Section, a school district may charge a charter
23school reasonable rent for the use of the district's
24buildings, grounds, and facilities. Any services for which a
25charter school contracts with a school district shall be
26provided by the district at cost. Any services for which a

 

 

HB2049- 29 -LRB103 26757 RJT 53120 b

1charter school contracts with a local school board or with the
2governing body of a State college or university or public
3community college shall be provided by the public entity at
4cost.
5    (i) In no event shall a charter school that is established
6by converting an existing school or attendance center to
7charter school status be required to pay rent for space that is
8deemed available, as negotiated and provided in the charter
9agreement, in school district facilities. However, all other
10costs for the operation and maintenance of school district
11facilities that are used by the charter school shall be
12subject to negotiation between the charter school and the
13local school board and shall be set forth in the charter.
14    (j) A charter school may limit student enrollment by age
15or grade level.
16    (k) If the charter school is approved by the State Board or
17Commission, then the charter school is its own local education
18agency.
19(Source: P.A. 101-50, eff. 7-1-20; 101-81, eff. 7-12-19;
20101-291, eff. 1-1-20; 101-531, eff. 8-23-19; 101-543, eff.
218-23-19; 101-654, eff. 3-8-21; 102-51, eff. 7-9-21; 102-157,
22eff. 7-1-22; 102-360, eff. 1-1-22; 102-445, eff. 8-20-21;
23102-522, eff. 8-20-21; 102-558, eff. 8-20-21; 102-676, eff.
2412-3-21; 102-697, eff. 4-5-22; 102-702, eff. 7-1-23; 102-805,
25eff. 1-1-23; 102-813, eff. 5-13-22; revised 12-13-22.)
 

 

 

HB2049- 30 -LRB103 26757 RJT 53120 b

1    (Text of Section after amendment by P.A. 102-466)
2    Sec. 27A-5. Charter school; legal entity; requirements.
3    (a) A charter school shall be a public, nonsectarian,
4nonreligious, non-home based, and non-profit school. A charter
5school shall be organized and operated as a nonprofit
6corporation or other discrete, legal, nonprofit entity
7authorized under the laws of the State of Illinois.
8    (b) A charter school may be established under this Article
9by creating a new school or by converting an existing public
10school or attendance center to charter school status.
11Beginning on April 16, 2003 (the effective date of Public Act
1293-3), in all new applications to establish a charter school
13in a city having a population exceeding 500,000, operation of
14the charter school shall be limited to one campus. The changes
15made to this Section by Public Act 93-3 do not apply to charter
16schools existing or approved on or before April 16, 2003 (the
17effective date of Public Act 93-3).
18    (b-5) In this subsection (b-5), "virtual-schooling" means
19a cyber school where students engage in online curriculum and
20instruction via the Internet and electronic communication with
21their teachers at remote locations and with students
22participating at different times.
23    From April 1, 2013 through December 31, 2016, there is a
24moratorium on the establishment of charter schools with
25virtual-schooling components in school districts other than a
26school district organized under Article 34 of this Code. This

 

 

HB2049- 31 -LRB103 26757 RJT 53120 b

1moratorium does not apply to a charter school with
2virtual-schooling components existing or approved prior to
3April 1, 2013 or to the renewal of the charter of a charter
4school with virtual-schooling components already approved
5prior to April 1, 2013.
6    (c) A charter school shall be administered and governed by
7its board of directors or other governing body in the manner
8provided in its charter. The governing body of a charter
9school shall be subject to the Freedom of Information Act and
10the Open Meetings Act. No later than January 1, 2021 (one year
11after the effective date of Public Act 101-291), a charter
12school's board of directors or other governing body must
13include at least one parent or guardian of a pupil currently
14enrolled in the charter school who may be selected through the
15charter school or a charter network election, appointment by
16the charter school's board of directors or other governing
17body, or by the charter school's Parent Teacher Organization
18or its equivalent.
19    (c-5) No later than January 1, 2021 (one year after the
20effective date of Public Act 101-291) or within the first year
21of his or her first term, every voting member of a charter
22school's board of directors or other governing body shall
23complete a minimum of 4 hours of professional development
24leadership training to ensure that each member has sufficient
25familiarity with the board's or governing body's role and
26responsibilities, including financial oversight and

 

 

HB2049- 32 -LRB103 26757 RJT 53120 b

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

 

 

HB2049- 33 -LRB103 26757 RJT 53120 b

11, 2015, the State Board shall promulgate and post on its
2Internet website a list of non-curricular health and safety
3requirements that a charter school must meet. The list shall
4be updated annually no later than September 1. Any charter
5contract between a charter school and its authorizer must
6contain a provision that requires the charter school to follow
7the list of all non-curricular health and safety requirements
8promulgated by the State Board and any non-curricular health
9and safety requirements added by the State Board to such list
10during the term of the charter. Nothing in this subsection (d)
11precludes an authorizer from including non-curricular health
12and safety requirements in a charter school contract that are
13not contained in the list promulgated by the State Board,
14including non-curricular health and safety requirements of the
15authorizing local school board.
16    (e) Except as otherwise provided in the School Code, a
17charter school shall not charge tuition; provided that a
18charter school may charge reasonable fees for textbooks,
19instructional materials, and student activities.
20    (f) A charter school shall be responsible for the
21management and operation of its fiscal affairs, including, but
22not limited to, the preparation of its budget. An audit of each
23charter school's finances shall be conducted annually by an
24outside, independent contractor retained by the charter
25school. The contractor shall not be an employee of the charter
26school or affiliated with the charter school or its authorizer

 

 

HB2049- 34 -LRB103 26757 RJT 53120 b

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

 

 

HB2049- 35 -LRB103 26757 RJT 53120 b

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

 

 

HB2049- 36 -LRB103 26757 RJT 53120 b

1        (22) Section 27-9.1b of this Code;
2        (23) Section 34-18.8 of this Code;
3        (24) Article 26A of this Code; and
4        (25) Section 2-3.188 of this Code;
5        (26) Section 22-85.5 of this Code;
6        (27) subsections Subsections (d-10), (d-15), and
7    (d-20) of Section 10-20.56 of this Code; and
8        (28) Sections 10-20.83 and 34-18.78 of this Code; .
9        (29) (27) Section 10-20.13 of this Code;
10        (30) (28) Section 28-19.2 of this Code; and
11        (31) (29) Section 34-21.6 of this Code.
12        (32) (25) Section 22-85.10 of this Code; and .
13        (33) Sections 10-20.69 and 34-18.62 of this Code.
14    The change made by Public Act 96-104 to this subsection
15(g) is declaratory of existing law.
16    (h) A charter school may negotiate and contract with a
17school district, the governing body of a State college or
18university or public community college, or any other public or
19for-profit or nonprofit private entity for: (i) the use of a
20school building and grounds or any other real property or
21facilities that the charter school desires to use or convert
22for use as a charter school site, (ii) the operation and
23maintenance thereof, and (iii) the provision of any service,
24activity, or undertaking that the charter school is required
25to perform in order to carry out the terms of its charter.
26However, a charter school that is established on or after

 

 

HB2049- 37 -LRB103 26757 RJT 53120 b

1April 16, 2003 (the effective date of Public Act 93-3) and that
2operates in a city having a population exceeding 500,000 may
3not contract with a for-profit entity to manage or operate the
4school during the period that commences on April 16, 2003 (the
5effective date of Public Act 93-3) and concludes at the end of
6the 2004-2005 school year. Except as provided in subsection
7(i) of this Section, a school district may charge a charter
8school reasonable rent for the use of the district's
9buildings, grounds, and facilities. Any services for which a
10charter school contracts with a school district shall be
11provided by the district at cost. Any services for which a
12charter school contracts with a local school board or with the
13governing body of a State college or university or public
14community college shall be provided by the public entity at
15cost.
16    (i) In no event shall a charter school that is established
17by converting an existing school or attendance center to
18charter school status be required to pay rent for space that is
19deemed available, as negotiated and provided in the charter
20agreement, in school district facilities. However, all other
21costs for the operation and maintenance of school district
22facilities that are used by the charter school shall be
23subject to negotiation between the charter school and the
24local school board and shall be set forth in the charter.
25    (j) A charter school may limit student enrollment by age
26or grade level.

 

 

HB2049- 38 -LRB103 26757 RJT 53120 b

1    (k) If the charter school is approved by the State Board or
2Commission, then the charter school is its own local education
3agency.
4(Source: P.A. 101-50, eff. 7-1-20; 101-81, eff. 7-12-19;
5101-291, eff. 1-1-20; 101-531, eff. 8-23-19; 101-543, eff.
68-23-19; 101-654, eff. 3-8-21; 102-51, eff. 7-9-21; 102-157,
7eff. 7-1-22; 102-360, eff. 1-1-22; 102-445, eff. 8-20-21;
8102-466, eff. 7-1-25; 102-522, eff. 8-20-21; 102-558, eff.
98-20-21; 102-676, eff. 12-3-21; 102-697, eff. 4-5-22; 102-702,
10eff. 7-1-23; 102-805, eff. 1-1-23; 102-813, eff. 5-13-22;
11revised 12-13-22.)
 
12    (105 ILCS 5/34-18.62)
13    Sec. 34-18.62. Policies Policy on sexual harassment and
14discrimination.
15    (a) The school district must create, maintain, and
16implement an age-appropriate policy on sexual harassment that
17must be posted on the school district's website and, if
18applicable, any other area where policies, rules, and
19standards of conduct are currently posted in each school and
20must also be included in the school district's student code of
21conduct handbook.
22    (b) The school district must create, implement, and
23maintain an age-appropriate policy on race-related harassment
24and discrimination. This policy must be in compliance with and
25distributed in accordance with Section 5A-103 of the Illinois

 

 

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1Human Rights Act.
2(Source: P.A. 101-418, eff. 1-1-20; 102-558, eff. 8-20-21.)
 
3    Section 10. The Illinois Human Rights Act is amended by
4changing Sections 1-102, 5A-101, 5A-102, and 6-101 and by
5adding Section 5A-103 as follows:
 
6    (775 ILCS 5/1-102)  (from Ch. 68, par. 1-102)
7    Sec. 1-102. Declaration of Policy. It is the public
8policy of this State:
9    (A) Freedom from Unlawful Discrimination. To secure for
10all individuals within Illinois the freedom from
11discrimination against any individual because of his or her
12race, color, religion, sex, national origin, ancestry, age,
13order of protection status, marital status, physical or mental
14disability, military status, sexual orientation, pregnancy, or
15unfavorable discharge from military service in connection with
16employment, real estate transactions, access to financial
17credit, and the availability of public accommodations,
18including elementary, secondary, and higher education
19institutions.
20    (B) Freedom from Sexual Harassment-Employment and
21Elementary, Secondary, and Higher Education. To prevent sexual
22harassment in employment and sexual harassment in elementary,
23secondary, and higher education.
24    (C) Freedom from Discrimination Based on Citizenship

 

 

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1Status-Employment. To prevent discrimination based on
2citizenship status in employment.
3    (C-5) Freedom from Discrimination Based on Work
4Authorization Status-Employment. To prevent discrimination
5based on the specific status or term of status that
6accompanies a legal work authorization.
7    (D) Freedom from Discrimination Based on Familial Status
8or Source of Income-Real Estate Transactions. To prevent
9discrimination based on familial status or source of income in
10real estate 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

 

 

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1government and in their relations with the public.
2    (H) Unfounded Charges. To protect citizens of this State
3against unfounded charges of unlawful discrimination, sexual
4harassment in employment and sexual harassment in elementary,
5secondary, and higher education, and discrimination based on
6citizenship status or work authorization status in employment.
7(Source: P.A. 102-233, eff. 8-2-21; 102-896, eff. 1-1-23.)
 
8    (775 ILCS 5/5A-101)  (from Ch. 68, par. 5A-101)
9    Sec. 5A-101. Definitions. The following definitions are
10applicable strictly in the content of this Article, except
11that the term "sexual harassment in elementary, secondary, and
12higher education" as defined herein has the meaning herein
13ascribed to it whenever that term is used anywhere in this Act.
14    (A) Institution of Elementary, Secondary, or Higher
15Education. "Institution of elementary, secondary, or higher
16education" means: (1) a publicly or privately operated
17university, college, community college, junior college,
18business or vocational school, or other educational
19institution offering degrees and instruction beyond the
20secondary school level; or (2) a publicly or privately
21operated elementary school or secondary school.
22    (B) Degree. "Degree" means: (1) a designation,
23appellation, series of letters or words or other symbols which
24signifies or purports to signify that the recipient thereof
25has satisfactorily completed an organized academic, business

 

 

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1or vocational program of study offered beyond the secondary
2school level; or (2) a designation signifying that the
3recipient has graduated from an elementary school or secondary
4school.
5    (C) Student. "Student" means any individual admitted to or
6applying for admission to an institution of elementary,
7secondary, or higher education, or enrolled on a full or part
8time basis in a course or program of academic, business or
9vocational instruction offered by or through an institution of
10elementary, secondary, or higher education.
11    (D) Elementary, Secondary, or Higher Education
12Representative. "Elementary, secondary, or higher education
13representative" means and includes the president, chancellor
14or other holder of any executive office on the administrative
15staff of an institution of higher education, an administrator
16of an elementary school or secondary school, a member of the
17faculty of an institution of higher education, including but
18not limited to a dean or associate or assistant dean, a
19professor or associate or assistant professor, and a full or
20part time instructor or visiting professor, including a
21graduate assistant or other student who is employed on a
22temporary basis of less than full time as a teacher or
23instructor of any course or program of academic, business or
24vocational instruction offered by or through an institution of
25higher education, and any teacher, instructor, or other
26employee of an elementary school or secondary school.

 

 

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1    (E) Sexual Harassment in Elementary, Secondary, and Higher
2Education. "Sexual harassment in elementary, secondary, and
3higher education" means any unwelcome sexual advances or
4requests for sexual favors made by an elementary, secondary,
5or higher education representative to a student, or any
6conduct of a sexual nature exhibited by an elementary,
7secondary, or higher education representative toward a
8student, when such conduct has the purpose of substantially
9interfering with the student's educational performance or
10creating an intimidating, hostile or offensive educational
11environment; or when the elementary, secondary, or higher
12education representative either explicitly or implicitly makes
13the student's submission to such conduct a term or condition
14of, or uses the student's submission to or rejection of such
15conduct as a basis for determining:
16        (1) Whether the student will be admitted to an
17    institution of elementary, secondary, or higher education;
18        (2) The educational performance required or expected
19    of the student;
20        (3) The attendance or assignment requirements
21    applicable to the student;
22        (4) To what courses, fields of study or programs,
23    including honors and graduate programs, the student will
24    be admitted;
25        (5) What placement or course proficiency requirements
26    are applicable to the student;

 

 

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1        (6) The quality of instruction the student will
2    receive;
3        (7) What tuition or fee requirements are applicable to
4    the student;
5        (8) What scholarship opportunities are available to
6    the student;
7        (9) What extracurricular teams the student will be a
8    member of or in what extracurricular competitions the
9    student will participate;
10        (10) Any grade the student will receive in any
11    examination or in any course or program of instruction in
12    which the student is enrolled;
13        (11) The progress of the student toward successful
14    completion of or graduation from any course or program of
15    instruction in which the student is enrolled; or
16        (12) What degree, if any, the student will receive.
17    (F) Harassment in Elementary, Secondary, or Higher
18Education. "Harassment in elementary, secondary, or higher
19education" means any unwelcome conduct on the basis of an
20individual's actual or perceived race, color, religion,
21national origin, ancestry, age, sex, marital status, order of
22protection status, disability, military status, sexual
23orientation, pregnancy, unfavorable discharge from military
24service, citizenship status, or work authorization status that
25has the purpose or effect of substantially interfering with
26the individual's academic performance or creating an

 

 

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1intimidating, hostile, or offensive academic environment. For
2purposes of this definition, the phrase "academic environment"
3is not limited to a physical location that an employee is
4assigned to in order to perform his or her duties.
5(Source: P.A. 96-1319, eff. 7-27-10.)
 
6    (775 ILCS 5/5A-102)  (from Ch. 68, par. 5A-102)
7    Sec. 5A-102. Civil Rights Violations-Elementary,
8Secondary, and Higher Education. It is a civil rights
9violation:
10    (A) Sexual Harassment-Elementary Elementary, Secondary, or
11Higher Education Representative. For any elementary,
12secondary, or higher education representative to commit or
13engage in sexual harassment in elementary, secondary, or
14higher education.
15    (B) Sexual Harassment-Institution Institution of
16Elementary, Secondary, or Higher Education. For any
17institution of elementary, secondary, or higher education to
18fail to take remedial action, or to fail to take appropriate
19disciplinary action against an elementary, secondary, or
20higher education representative employed by such institution,
21when such institution knows that such elementary, secondary,
22or higher education representative was committing or engaging
23in or committed or engaged in sexual harassment in elementary,
24secondary, or higher education.
25    (C) Harassment-Elementary, Secondary, or Higher Education

 

 

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1Representative. For any elementary, secondary, or higher
2education representative to commit or engage in harassment in
3elementary, secondary, or higher education.
4    (D) Harassment-Institution of Elementary, Secondary, or
5Higher Education. For any institution of elementary,
6secondary, or higher education to fail to take remedial action
7or to fail to take appropriate disciplinary action against a
8student or an elementary, secondary, or higher education
9representative employed by the institution if the institution
10knows that the student or elementary, secondary, or higher
11education representative was committing or engaging in or
12committed or engaged in harassment in elementary, secondary,
13or higher education.
14(Source: P.A. 96-574, eff. 8-18-09; 96-1319, eff. 7-27-10.)
 
15    (775 ILCS 5/5A-103 new)
16    Sec. 5A-103. Race-related discrimination and harassment.
17    (a) The General Assembly finds that the organizational
18tolerance of race-related harassment and discrimination has a
19detrimental influence in schools, contributing to
20psychological and physical harm, substance abuse, and poorer
21academic outcomes for students of color and higher rates of
22teacher turnover among teachers of color. The General Assembly
23further finds that incidents of race-related harassment and
24discrimination have increased significantly, with students of
25color experiencing, on average, as many as 5 incidents of

 

 

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1racism a day. It is the General Assembly's intent that each
2institution of elementary, secondary, or higher education in
3this State adopt and actively implement policies to reduce
4race-related harassment and discrimination; to ensure
5students, parents or guardians, and employees know how to
6recognize and report harassment; and to ensure institutions
7are safe for students, parents or guardians, and employees to
8report race-related harassment and discrimination without fear
9of retaliation, loss of status, or loss of opportunities.
10    (b) Each institution of elementary, secondary, or higher
11education to which this Act applies shall establish,
12implement, and maintain a continuing race-related
13discrimination and harassment program that shall include all
14of the following:
15        (1) The development of a written policy on
16    race-related discrimination and harassment that includes,
17    at a minimum, the following information:
18            (A) the illegality of unlawful discrimination and
19        of harassment in elementary, secondary, or higher
20        education;
21            (B) the definitions of unlawful discrimination and
22        of harassment in elementary, secondary, or higher
23        education under this Act;
24            (C) the illegality of criteria or methods of
25        administration that have the effect of subjecting
26        individuals to discrimination because of their race,

 

 

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

 

 

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1    effective date of this amendatory Act of the 103rd General
2    Assembly and shall occur annually thereafter.
3        (3) Distribution of the institution's policy described
4    in paragraph (1) on the institution's Internet website, in
5    a student handbook if one exists, and in a posting where
6    other policies, rules, and standards of conduct are
7    posted, if applicable, periodically throughout the school
8    year to students and faculty, and an annual distribution
9    of a summary of the policy in accessible, age-appropriate
10    language to students and to the parents or guardians of
11    minor students.
12        (4) Training on the prevention of race-related
13    discrimination and harassment and the institution's policy
14    described in paragraph (1) as a component of all ongoing
15    or new employee training programs for elementary,
16    secondary, or higher education representatives. The
17    training must regard participants as potential bystanders,
18    rather than potential offenders; provide participants with
19    criteria for identifying racial harassment; and include
20    all of the elements required to be included in the policy
21    described in paragraph (1).
22    (c) In the creation and implementation of policies and
23procedures to prevent and address race-related discrimination
24and harassment, institutions of elementary, secondary, or
25higher education:
26        (1) shall reduce or remove, to the extent practicable,

 

 

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

 

 

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1    limited to, restorative measures, social-emotional skill
2    building, additional training concerning diversity or
3    implicit bias, counseling, suspension, demotion, or
4    dismissal;
5        (5) may offer a person who reports a civil rights
6    violation the option to pursue reconciliation with the
7    offender but may not require or unduly influence that
8    person to pursue such reconciliation; and
9        (6) may not cause a victim of a civil rights violation
10    to suffer adverse consequences as a result of a report of,
11    investigation of, or response to that violation,
12    including, but not limited to, being reassigned to a less
13    rigorous academic course of study, being forced to take
14    paid or unpaid leave, being demoted or denied promotion or
15    additional titles, or being otherwise disciplined. This
16    protection may not permit victims to engage in retaliation
17    against the offender or limit an institution of
18    elementary, secondary, or higher education from applying
19    disciplinary measures in response to other acts or conduct
20    not related to the process of reporting, investigating, or
21    responding to a civil rights violation.
22    (d) The Department shall produce a model race-related
23discrimination and harassment prevention training program
24aimed at the prevention of race-related discrimination and
25harassment in schools. The model program shall be made
26available to institutions of elementary, secondary, or higher

 

 

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1education and to the public online at no cost. This model
2program shall meet the requirements of paragraph (4) of
3subsection (b).
4    (e) Each institution of elementary, secondary, or higher
5education shall annually submit a report to the Department
6that includes the current policy on race-related
7discrimination and harassment described in paragraph (1) of
8subsection (b), the number of reports of race-related
9discrimination and harassment received in the preceding
10academic year; the type or types of race-related
11discrimination and harassment included in each report as
12described in this Act; and the outcome of each report,
13including the response taken to address or prevent harassment,
14if applicable. This annual report may not include any
15information that personally identifies any individual or group
16of individuals. The Department shall provide a standard format
17for reporting to all institutions of elementary, secondary, or
18higher education, which may be made in combination with the
19reporting required for public institutions of higher education
20under paragraph (2) of subsection (a) of Section 9.21 of the
21Board of Higher Education Act.
22    (f) Upon notification of a failure to establish,
23implement, or maintain a continuing race-related
24discrimination and harassment program as set forth in
25subsection (b), the Department may launch a preliminary
26investigation. If the Department finds a failure to conform to

 

 

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1the requirements of subsection (b), the Department may issue a
2notice to show cause, giving the institution 30 days to
3correct the failure to conform. If the failure to conform is
4not corrected, the Department may initiate a charge of a civil
5rights 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    harassment, harassment in elementary, secondary, or higher
14    education, sexual harassment in employment, sexual
15    harassment in elementary, secondary, and higher education,
16    or discrimination based on arrest record, citizenship
17    status, or work authorization status in employment under
18    Articles 2, 4, 5, and 5A, because he or she has made a
19    charge, filed a complaint, testified, assisted, or
20    participated in an investigation, proceeding, or hearing
21    under this Act, or because he or she has requested,
22    attempted to request, used, or attempted to use a
23    reasonable accommodation as allowed by this Act;
24        (B) Aiding and Abetting; Coercion. Aid, abet, compel,
25    or coerce a person to commit any violation of this Act;

 

 

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1        (C) Interference. Wilfully interfere with the
2    performance of a duty or the exercise of a power by the
3    Commission or one of its members or representatives or the
4    Department or one of its officers or employees.
5    Definitions. For the purposes of this Section, "sexual
6harassment", "citizenship status", and "work authorization
7status" shall have the same meaning as defined in Section
82-101 of this Act.
9(Source: P.A. 102-233, eff. 8-2-21; 102-362, eff. 1-1-22;
10102-813, eff. 5-13-22.)
 
11    Section 95. No acceleration or delay. Where this Act makes
12changes in a statute that is represented in this Act by text
13that is not yet or no longer in effect (for example, a Section
14represented by multiple versions), the use of that text does
15not accelerate or delay the taking effect of (i) the changes
16made by this Act or (ii) provisions derived from any other
17Public Act.
 
18    Section 99. Effective date. This Act takes effect August
191, 2024.

 

 

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1 INDEX
2 Statutes amended in order of appearance
3    105 ILCS 5/10-20.69
4    105 ILCS 5/27-23.7
5    105 ILCS 5/27A-5
6    105 ILCS 5/34-18.62
7    775 ILCS 5/1-102from Ch. 68, par. 1-102
8    775 ILCS 5/5A-101from Ch. 68, par. 5A-101
9    775 ILCS 5/5A-102from Ch. 68, par. 5A-102
10    775 ILCS 5/5A-103 new
11    775 ILCS 5/6-101from Ch. 68, par. 6-101