HB4013 101ST GENERAL ASSEMBLY

LRB101 13806 AWJ 62664 b

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.

A BILL FOR

AN ACT concerning education.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The School Code is amended by adding Section 22-84 as follows:

(105 ILCS 5/22-84 new)

Sec. 22-84. Student meeting and group equal access; teacher-initiated student groups.

(a) As used in this Section:

"Access" means all recognition and privileges afforded to student meetings or extracurricular student groups at a school, including physical meeting space on school premises, announcements of meetings in the school newspaper or on bulletin boards, and announcements over the public address system.

"Extracurricular student group" means a student-initiated or teacher-initiated, noncurriculum-related student group limited to students currently enrolled in a school.

"Limited open forum" means when a school grants an offering to or opportunity for one or more extracurricular student groups to meet on school premises during noninstructional time.

"Meeting" includes activities of extracurricular student groups that are permitted under a school's limited open forum and are not directly related to the school curriculum.

"Noninstructional time" means time set aside by a school before actual classroom instruction begins or after actual classroom instruction ends.

(b) 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 that limited open forum on the basis of the religious, political, philosophical, or other content of the speech at the meeting.

(c) Schools shall be deemed to offer a fair opportunity to students who wish to conduct or participate in a meeting or an extracurricular student group within its limited open forum if the school uniformly provides that:

(1) the participation in the meeting is voluntary and student-initiated;

(2) there is no sponsorship of the meeting by the school or its agents or employees;

(3) employees or agents of the school are present at religious meetings only in a nonparticipatory capacity;

(4) the meeting does not materially and substantially interfere with the orderly conduct of educational activities within the school; and

(5) nonschool persons may not direct, conduct, control, or regularly attend activities of extracurricular student groups.

(d) An extracurricular student group may be student-initiated or teacher-initiated. 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.

(e) Nothing in this Section shall be construed to authorize a school:

(1) to influence the form or content of any prayer or other religious activity;

(2) to require any person to participate in a prayer or other religious activity;

(3) to expend public funds beyond the incidental cost of providing the space for student-initiated meetings;

(4) to compel any school agent or employee to attend a school meeting if the content of the speech at the meeting is contrary to the beliefs of the agent or employee;

(5) to sanction meetings that are otherwise unlawful;

(6) to limit the rights of groups of students that are not of a specified numerical size; or

(7) to abridge the constitutional rights of any person.

(f) Nothing in this Section shall be construed to limit the authority of the school or its agents or employees to maintain order and discipline on school premises, to protect the well-being of students and faculty, and to ensure that attendance of students at meetings or extracurricular student groups is voluntary.

Section 99. Effective date. This Act takes effect July 31, 2020.