HB5494 102ND GENERAL ASSEMBLY

LRB102 24873 CMG 34122 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB5494

Introduced 1/31/2022, by Rep. Tom Weber

SYNOPSIS AS INTRODUCED:

105 ILCS 5/10-17a	from Ch. 122, par. 10-17a
105 ILCS 5/10-20.83 new
105 ILCS 5/10-20.84 new
105 ILCS 5/21B-75
105 ILCS 5/27-3	from Ch. 122, par. 27-3
105 ILCS 5/27-9.1a

Amends the School Code. Provides that school districts may not include certain concepts as part of a course, or allow teachers or other employees of the school district to use supplemental instructional materials that include or promote certain concepts. Provides for a complaint method and cause of action for violations. Sets forth provisions regarding notice, developing a complaint form, ways to determine if there is a valid complaint, and penalties. Provides that if a school district uses a third-party vendor in providing a personal analysis, evaluation, or survey that reveals or attempts to affect a student's attitudes, habits, traits, opinions, beliefs, or feelings, the third-party vendor and the school district may not collect or maintain the responses to or results of the analysis, evaluation, or survey in a manner that would identify the responses or results of an individual student. Makes changes concerning courses in patriotism and principles of representative government education. Makes changes regarding courses in comprehensive personal health and safety and comprehensive sexual health education. Provides that the data on complaints shall be placed on the school's report card. Makes other changes. Effective immediately.

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY

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 changing Sections 10-17a, 21B-75, 27-3, and 27-9.1a and by adding Sections 10-20.83 and 10-20.84 as follows:

(105 ILCS 5/10-17a) (from Ch. 122, par. 10-17a)

(Text of Section before amendment by P.A. 102-594)

Sec. 10-17a. State, school district, and school report cards.

(1) By October 31, 2013 and October 31 of each subsequent school year, the State Board of Education, through the State Superintendent of Education, shall prepare a State report card, school district report cards, and school report cards, and shall by the most economical economic means provide to each school district in this State, including special charter districts and districts subject to the provisions of Article 34, the report cards for the school district and each of its schools. Because of the impacts of the COVID-19 public health emergency during school year 2020-2021, the State Board of Education shall have until December 31, 2021 to prepare and provide the report cards that would otherwise be due by October 31, 2021. During a school year in which the Governor has declared a disaster due to a public health emergency pursuant to Section 7 of the Illinois Emergency Management Agency Act, the report cards for the school districts and each of its schools shall be prepared by December 31.

(2) In addition to any information required by federal law, the State Superintendent shall determine the indicators and presentation of the school report card, which must include, at a minimum, the most current data collected and maintained by the State Board of Education related to the following:

(A) school characteristics and student demographics, including average class size, average teaching experience, student racial/ethnic breakdown, and the percentage of students classified as low-income; the percentage of students classified as English learners, the number of students who graduate from a bilingual or English learner program, and the number of students who graduate from, transfer from, or otherwise leave bilingual programs; the percentage of students who have individualized education plans or 504 plans that provide for special education services; the number and percentage of all students who have been assessed for placement in a gifted education or advanced academic program and, of those students: (i) the racial and ethnic breakdown, (ii) the percentage who are classified as low-income, and (iii) the number and percentage of students who received direct instruction from a teacher who holds a gifted education endorsement and, of those students, the percentage who are classified as low-income; the percentage of students scoring at the "exceeds expectations" level on the assessments required under Section 2-3.64a-5 of this Code; the percentage of students who annually transferred in or out of the school district; average daily attendance; the per-pupil operating expenditure of the school district; and the per-pupil State average operating expenditure for the district type (elementary, high school, or unit);

(B) curriculum information, including, where applicable, Advanced Placement, International Baccalaureate or equivalent courses, dual enrollment courses, foreign language classes, computer science courses, school personnel resources (including Career Technical Education teachers), before and after school programs, extracurricular activities, subjects in which elective classes are offered, health and wellness initiatives (including the average number of days of Physical Education per week per student), approved programs of study, awards received, community partnerships, and special programs such as programming for the gifted and talented, students with disabilities, and work-study students;

(C) student outcomes, including, where applicable, the percentage of students deemed proficient on assessments of State standards, the percentage of students in the eighth grade who pass Algebra, the percentage of students who participated in workplace learning experiences, the percentage of students enrolled in post-secondary institutions (including colleges, universities, community colleges, trade/vocational schools, and training programs leading to career certification within 2 semesters of high school graduation), the percentage of students graduating from high school who are college and career ready, and the percentage of graduates enrolled in community colleges, colleges, and universities who are in one or more courses that the community college, college, or university identifies as a developmental course;

(D) student progress, including, where applicable, the percentage of students in the ninth grade who have earned 5 credits or more without failing more than one core class, a measure of students entering kindergarten ready to learn, a measure of growth, and the percentage of students who enter high school on track for college and career readiness;

(E) the school environment, including, where applicable, high school dropout rate by grade level, the percentage of students with less than 10 absences in a school year, the percentage of teachers with less than 10 absences in a school year for reasons other than professional development, leaves taken pursuant to the federal Family Medical Leave Act of 1993, long-term disability, or parental leaves, the 3-year average of the percentage of teachers returning to the school from the previous year, the number of different principals at the school in the last 6 years, the number of teachers who hold a gifted education endorsement, the process and criteria used by the district to determine whether a student is eligible for participation in a gifted education program or advanced academic program and the manner in which parents and guardians are made aware of the process and criteria, 2 or more indicators from any school climate survey selected or approved by the State and administered pursuant to Section 2-3.153 of this Code, with the same or similar indicators included on school report cards for all surveys selected or approved by the State pursuant to Section 2-3.153 of this Code, the combined percentage of teachers rated as proficient or excellent in their most recent evaluation, and, beginning with the 2022-2023 school year, data on the number of incidents of violence that occurred on school grounds or during school-related activities and that resulted in an out-of-school suspension, expulsion, or removal to an alternative setting, as reported pursuant to Section 2-3.162;

(F) a school district's and its individual schools' balanced accountability measure, in accordance with Section 2-3.25a of this Code;

(G) the total and per pupil normal cost amount the State contributed to the Teachers' Retirement System of the State of Illinois in the prior fiscal year for the school's employees, which shall be reported to the State Board of Education by the Teachers' Retirement System of the State of Illinois;

(H) for a school district organized under Article 34 of this Code only, State contributions to the Public School Teachers' Pension and Retirement Fund of Chicago and State contributions for health care for employees of that school district;

(I) a school district's Final Percent of Adequacy, as defined in paragraph (4) of subsection (f) of Section 18-8.15 of this Code;

(J) a school district's Local Capacity Target, as defined in paragraph (2) of subsection (c) of Section 18-8.15 of this Code, displayed as a percentage amount;

(K) a school district's Real Receipts, as defined in paragraph (1) of subsection (d) of Section 18-8.15 of this Code, divided by a school district's Adequacy Target, as defined in paragraph (1) of subsection (b) of Section 18-8.15 of this Code, displayed as a percentage amount;

(L) a school district's administrative costs;

(M) whether or not the school has participated in the Illinois Youth Survey. In this paragraph (M), "Illinois Youth Survey" means a self-report survey, administered in school settings every 2 years, designed to gather information about health and social indicators, including substance abuse patterns and the attitudes of students in grades 8, 10, and 12; and

(N) whether the school offered its students career and technical education opportunities; .

(O) the number of complaints filed with a school board under Section 10-20.83 of this Code, including complaints that were dismissed or investigated, the number of complaints that were filed in which no violation was found to have occurred, and the number of complaints that were investigated and a violation was found to have occurred; the number of disciplinary actions, other than termination, that resulted from the findings of a violation, the number of disciplinary actions that resulted in termination resulting from a finding of a violation, and the number of school employees that resigned as a result of a finding that a violation occurred.

The school report card shall also provide information that allows for comparing the current outcome, progress, and environment data to the State average, to the school data from the past 5 years, and to the outcomes, progress, and environment of similar schools based on the type of school and enrollment of low-income students, special education students, and English learners.

As used in this subsection (2):

"Administrative costs" means costs associated with executive, administrative, or managerial functions within the school district that involve planning, organizing, managing, or directing the school district.

"Advanced academic program" means a course of study to which students are assigned based on advanced cognitive ability or advanced academic achievement compared to local age peers and in which the curriculum is substantially differentiated from the general curriculum to provide appropriate challenge and pace.

"Computer science" means the study of computers and algorithms, including their principles, their hardware and software designs, their implementation, and their impact on society. "Computer science" does not include the study of everyday uses of computers and computer applications, such as keyboarding or accessing the Internet.

"Gifted education" means educational services, including differentiated curricula and instructional methods, designed to meet the needs of gifted children as defined in Article 14A of this Code.

For the purposes of paragraph (A) of this subsection (2), "average daily attendance" means the average of the actual number of attendance days during the previous school year for any enrolled student who is subject to compulsory attendance by Section 26-1 of this Code at each school and charter school.

(3) At the discretion of the State Superintendent, the school district report card shall include a subset of the information identified in paragraphs (A) through (E) of subsection (2) of this Section, as well as information relating to the operating expense per pupil and other finances of the school district, and the State report card shall include a subset of the information identified in paragraphs (A) through (E) and paragraph (N) of subsection (2) of this Section. The school district report card shall include the average daily attendance, as that term is defined in subsection (2) of this Section, of students who have individualized education programs and students who have 504 plans that provide for special education services within the school district.

(4) Notwithstanding anything to the contrary in this Section, in consultation with key education stakeholders, the State Superintendent shall at any time have the discretion to amend or update any and all metrics on the school, district, or State report card.

(5) Annually, no more than 30 calendar days after receipt of the school district and school report cards from the State Superintendent of Education, each school district, including special charter districts and districts subject to the provisions of Article 34, shall present such report cards at a regular school board meeting subject to applicable notice requirements, post the report cards on the school district's Internet web site, if the district maintains an Internet web site, make the report cards available to a newspaper of general circulation serving the district, and, upon request, send the report cards home to a parent (unless the district does not maintain an Internet web site, in which case the report card shall be sent home to parents without request). If the district posts the report card on its Internet web site, the district shall send a written notice home to parents stating (i) that the report card is available on the web site, (ii) the address of the web site, (iii) that a printed copy of the report card will be sent to parents upon request, and (iv) the telephone number that parents may call to request a printed copy of the report card.

(6) Nothing contained in Public Act 98-648 repeals, supersedes, invalidates, or nullifies final decisions in lawsuits pending on July 1, 2014 (the effective date of Public Act 98-648) in Illinois courts involving the interpretation of Public Act 97-8.

(Source: P.A. 101-68, eff. 1-1-20; 101-81, eff. 7-12-19; 101-654, eff. 3-8-21; 102-16, eff. 6-17-21; 102-294, eff. 1-1-22; 102-539, eff. 8-20-21; 102-558, eff. 8-20-21; revised 10-18-21.)

(Text of Section after amendment by P.A. 102-594)

Sec. 10-17a. State, school district, and school report cards.

(1) By October 31, 2013 and October 31 of each subsequent school year, the State Board of Education, through the State Superintendent of Education, shall prepare a State report card, school district report cards, and school report cards, and shall by the most economical economic means provide to each school district in this State, including special charter districts and districts subject to the provisions of Article 34, the report cards for the school district and each of its schools. Because of the impacts of the COVID-19 public health emergency during school year 2020-2021, the State Board of Education shall have until December 31, 2021 to prepare and provide the report cards that would otherwise be due by October 31, 2021. During a school year in which the Governor has declared a disaster due to a public health emergency pursuant to Section 7 of the Illinois Emergency Management Agency Act, the report cards for the school districts and each of its schools shall be prepared by December 31.

(2) In addition to any information required by federal law, the State Superintendent shall determine the indicators and presentation of the school report card, which must include, at a minimum, the most current data collected and maintained by the State Board of Education related to the following:

(A) school characteristics and student demographics, including average class size, average teaching experience, student racial/ethnic breakdown, and the percentage of students classified as low-income; the percentage of students classified as English learners, the number of students who graduate from a bilingual or English learner program, and the number of students who graduate from, transfer from, or otherwise leave bilingual programs; the percentage of students who have individualized education plans or 504 plans that provide for special education services; the number and percentage of all students who have been assessed for placement in a gifted education or advanced academic program and, of those students: (i) the racial and ethnic breakdown, (ii) the percentage who are classified as low-income, and (iii) the number and percentage of students who received direct instruction from a teacher who holds a gifted education endorsement and, of those students, the percentage who are classified as low-income; the percentage of students scoring at the "exceeds expectations" level on the assessments required under Section 2-3.64a-5 of this Code; the percentage of students who annually transferred in or out of the school district; average daily attendance; the per-pupil operating expenditure of the school district; and the per-pupil State average operating expenditure for the district type (elementary, high school, or unit);

(B) curriculum information, including, where applicable, Advanced Placement, International Baccalaureate or equivalent courses, dual enrollment courses, foreign language classes, computer science courses, school personnel resources (including Career Technical Education teachers), before and after school programs, extracurricular activities, subjects in which elective classes are offered, health and wellness initiatives (including the average number of days of Physical Education per week per student), approved programs of study, awards received, community partnerships, and special programs such as programming for the gifted and talented, students with disabilities, and work-study students;

(C) student outcomes, including, where applicable, the percentage of students deemed proficient on assessments of State standards, the percentage of students in the eighth grade who pass Algebra, the percentage of students who participated in workplace learning experiences, the percentage of students enrolled in post-secondary institutions (including colleges, universities, community colleges, trade/vocational schools, and training programs leading to career certification within 2 semesters of high school graduation), the percentage of students graduating from high school who are college and career ready, and the percentage of graduates enrolled in community colleges, colleges, and universities who are in one or more courses that the community college, college, or university identifies as a developmental course;

(D) student progress, including, where applicable, the percentage of students in the ninth grade who have earned 5 credits or more without failing more than one core class, a measure of students entering kindergarten ready to learn, a measure of growth, and the percentage of students who enter high school on track for college and career readiness;

(E) the school environment, including, where applicable, high school dropout rate by grade level, the percentage of students with less than 10 absences in a school year, the percentage of teachers with less than 10 absences in a school year for reasons other than professional development, leaves taken pursuant to the federal Family Medical Leave Act of 1993, long-term disability, or parental leaves, the 3-year average of the percentage of teachers returning to the school from the previous year, the number of different principals at the school in the last 6 years, the number of teachers who hold a gifted education endorsement, the process and criteria used by the district to determine whether a student is eligible for participation in a gifted education program or advanced academic program and the manner in which parents and guardians are made aware of the process and criteria, the number of teachers who are National Board Certified Teachers, disaggregated by race and ethnicity, 2 or more indicators from any school climate survey selected or approved by the State and administered pursuant to Section 2-3.153 of this Code, with the same or similar indicators included on school report cards for all surveys selected or approved by the State pursuant to Section 2-3.153 of this Code, the combined percentage of teachers rated as proficient or excellent in their most recent evaluation, and, beginning with the 2022-2023 school year, data on the number of incidents of violence that occurred on school grounds or during school-related activities and that resulted in an out-of-school suspension, expulsion, or removal to an alternative setting, as reported pursuant to Section 2-3.162;

(F) a school district's and its individual schools' balanced accountability measure, in accordance with Section 2-3.25a of this Code;

(G) the total and per pupil normal cost amount the State contributed to the Teachers' Retirement System of the State of Illinois in the prior fiscal year for the school's employees, which shall be reported to the State Board of Education by the Teachers' Retirement System of the State of Illinois;

(H) for a school district organized under Article 34 of this Code only, State contributions to the Public School Teachers' Pension and Retirement Fund of Chicago and State contributions for health care for employees of that school district;

(I) a school district's Final Percent of Adequacy, as defined in paragraph (4) of subsection (f) of Section 18-8.15 of this Code;

(J) a school district's Local Capacity Target, as defined in paragraph (2) of subsection (c) of Section 18-8.15 of this Code, displayed as a percentage amount;

(K) a school district's Real Receipts, as defined in paragraph (1) of subsection (d) of Section 18-8.15 of this Code, divided by a school district's Adequacy Target, as defined in paragraph (1) of subsection (b) of Section 18-8.15 of this Code, displayed as a percentage amount;

(L) a school district's administrative costs;

(M) whether or not the school has participated in the Illinois Youth Survey. In this paragraph (M), "Illinois Youth Survey" means a self-report survey, administered in school settings every 2 years, designed to gather information about health and social indicators, including substance abuse patterns and the attitudes of students in grades 8, 10, and 12; and

(N) whether the school offered its students career and technical education opportunities; and .

(O) The number of complaints filed with a school board under Section 10-20.83 of this Code, including complaints that were dismissed or investigated, the number of complaints that were filed in which no violation was found to have occurred, and the number of complaints that were investigated and a violation was found to have occurred; the number of disciplinary actions, other than termination, that resulted from the findings of a violation, the number of disciplinary actions that resulted in termination resulting from a finding of a violation, and the number of school employees that resigned as a result of a finding that a violation occurred.

The school report card shall also provide information that allows for comparing the current outcome, progress, and environment data to the State average, to the school data from the past 5 years, and to the outcomes, progress, and environment of similar schools based on the type of school and enrollment of low-income students, special education students, and English learners.

As used in this subsection (2):

"Administrative costs" means costs associated with executive, administrative, or managerial functions within the school district that involve planning, organizing, managing, or directing the school district.

"Advanced academic program" means a course of study to which students are assigned based on advanced cognitive ability or advanced academic achievement compared to local age peers and in which the curriculum is substantially differentiated from the general curriculum to provide appropriate challenge and pace.

"Computer science" means the study of computers and algorithms, including their principles, their hardware and software designs, their implementation, and their impact on society. "Computer science" does not include the study of everyday uses of computers and computer applications, such as keyboarding or accessing the Internet.

"Gifted education" means educational services, including differentiated curricula and instructional methods, designed to meet the needs of gifted children as defined in Article 14A of this Code.

For the purposes of paragraph (A) of this subsection (2), "average daily attendance" means the average of the actual number of attendance days during the previous school year for any enrolled student who is subject to compulsory attendance by Section 26-1 of this Code at each school and charter school.

(3) At the discretion of the State Superintendent, the school district report card shall include a subset of the information identified in paragraphs (A) through (E) of subsection (2) of this Section, as well as information relating to the operating expense per pupil and other finances of the school district, and the State report card shall include a subset of the information identified in paragraphs (A) through (E) and paragraph (N) of subsection (2) of this Section. The school district report card shall include the average daily attendance, as that term is defined in subsection (2) of this Section, of students who have individualized education programs and students who have 504 plans that provide for special education services within the school district.

(4) Notwithstanding anything to the contrary in this Section, in consultation with key education stakeholders, the State Superintendent shall at any time have the discretion to amend or update any and all metrics on the school, district, or State report card.

(5) Annually, no more than 30 calendar days after receipt of the school district and school report cards from the State Superintendent of Education, each school district, including special charter districts and districts subject to the provisions of Article 34, shall present such report cards at a regular school board meeting subject to applicable notice requirements, post the report cards on the school district's Internet web site, if the district maintains an Internet web site, make the report cards available to a newspaper of general circulation serving the district, and, upon request, send the report cards home to a parent (unless the district does not maintain an Internet web site, in which case the report card shall be sent home to parents without request). If the district posts the report card on its Internet web site, the district shall send a written notice home to parents stating (i) that the report card is available on the web site, (ii) the address of the web site, (iii) that a printed copy of the report card will be sent to parents upon request, and (iv) the telephone number that parents may call to request a printed copy of the report card.

(6) Nothing contained in Public Act 98-648 repeals, supersedes, invalidates, or nullifies final decisions in lawsuits pending on July 1, 2014 (the effective date of Public Act 98-648) in Illinois courts involving the interpretation of Public Act 97-8.

(Source: P.A. 101-68, eff. 1-1-20; 101-81, eff. 7-12-19; 101-654, eff. 3-8-21; 102-16, eff. 6-17-21; 102-294, eff. 1-1-22; 102-539, eff. 8-20-21; 102-558, eff. 8-20-21; 102-594, eff. 7-1-22; revised 10-18-21.)

(105 ILCS 5/10-20.83 new)

Sec. 10-20.83. Discrimination on the basis of race or sex in the form of bias, stereotyping, scapegoating, classification, or categorical assignment.

(a) Definitions. In this Section, "protected right petitioner" means: (i) a parent or guardian, or emancipated student; (ii) a school employee; (iii) a school board member; (iv) a member or employee of the State Board; (v) the State Superintendent of Education; or (vi) an individual who resides within the attendance area of a school where the individual intends to submit a complaint under subsection (h).

(b) It is the policy of the State to prohibit discrimination on the basis of race or sex in the form of bias, stereotyping, scapegoating, classification, or categorical assignment of traits, morals, values, or characteristics based solely on race or sex. School districts are prohibited from engaging in race-based or sex-based discriminatory acts by using methods described in subsection (c) that results in treating individuals differently on the basis of race or sex or in the creation of a hostile environment.

(c) A school district may not include or promote the following concepts as part of a course or allow teachers or other employees of the school district to use supplemental instructional materials that include or promote the following concepts:

(1) One race or sex is inherently superior to another race or sex.

(2) An individual, by virtue of the individual's race or sex, is inherently privileged, racist, sexist, or oppressive, whether consciously or subconsciously.

(3) An individual should be discriminated against or receive adverse treatment because of the individual's race or sex.

(4) Members of one race or sex cannot and should not attempt to treat others without respect to race or sex.

(5) An individual's moral character is determined by the individual's race or sex.

(6) An individual, by virtue of the individual's race or sex, bears responsibility for actions committed in the past by other members of the same race or sex.

(7) An individual should feel discomfort, guilt, or anguish or another form of psychological distress solely because of the individual's race or sex.

(8) Meritocracy or traits such as hard work ethic are racist or sexist, or designed by a particular race or sex to oppress members of another race or sex.

(9) Illinois or the United States was founded as a racist or sexist State or nation and is fundamentally or irredeemably racist or sexist.

(d) Notwithstanding subsection (c), this Section does not prohibit a school district from including, as part of a course, or from allowing teachers or other employees of the school district to use supplemental instructional materials that provide the following:

(1) The history of an ethnic group.

(2) The impartial discussion of controversial aspects of history.

(3) The impartial instruction on the historic oppression of a particular group of people based on race, ethnicity, class, nationality, religion, or geographic region.

(4) Historical documents relevant to topics described in paragraphs (1) through (3) in this subsection.

(e) Nothing in this Section shall be construed as to prohibit the required collection or reporting of demographic data by the school district.

(f) A school district may not do the following:

(1) Provide, contract to provide, offer, or sponsor any course that includes, incorporates, or is based on concepts prohibited under this Section.

(2) Use money, property, assets, or resources for a purpose that includes, incorporates, or is based on concepts prohibited under this Section.

(3) Adopt programs or use curricular material, instructional material, curriculum, classroom assignments, orientation, interventions, or counseling that include, incorporate, or are based on concepts under this Section.

(4) Execute a contract or agreement with an internal or external entity or person to provide services, training, professional development, or any other assistance that includes or incorporates concepts prohibited under this Section.

(5) Receive or apply to receive money that requires, as a condition of receipt of the money, the adoption of a course, policy, curriculum, or any other instructional material that includes, incorporates, or is based on concepts prohibited under this Section.

(6) Adopting diversity, equity, or inclusion plans or training for students or school employees that includes, incorporates, or is based on concepts prohibited under this Section.

(7) Adopting policies, including grading or admissions policies, or providing any other benefit or services that applies to students or school employees differently on the basis of race or sex. This includes segregated classes, programs, training sessions, extracurricular activities, or affinity groups.

(8) Allow any school employee to disseminate to any minor any harmful material, as defined by Section 11-21 of the Criminal Code of 2012, that would be deemed as harmful to minors or knowingly and willfully violate any provisions included in Section 11-21 of the Criminal Code of 2012.

(g) The State Board may not do the following:

(1) Establish or mandate any State standard or adopt any rule that includes, incorporates, or is based on concepts prohibited under this Section.

(2) Provide resources that include, incorporate, or are based on concepts prohibited under this Section. This prohibition includes executing contracts or agreements with an external entity or individual to provide services, courses, or any other assistance that includes, incorporates, or is based on concepts prohibited under this Section.

(3) Receive or apply to receive money that requires, as a condition of receipt of the money, the adoption of programs, policies, curriculum, or any other learning material that includes, incorporates, or is based on concepts prohibited under this Section.

(h) The State Board shall develop a complaint form to be used by a protected right petitioner to file a complaint with a school board for any violation of this Section. The complaint form must contain the following minimum information:

(1) The date of the complaint.

(2) The date or dates that the alleged violation occurred.

(3) A detailed description of the alleged violation.

(4) Information necessary to enable the school to investigate the alleged violation.

(5) The option for the protected right petitioner to provide the identification of witnesses the school board may interview, if applicable.

The State Board shall maintain a copy of the complaint form on the State Board's website. In addition, each school district must maintain a link to the complaint form on the school district's website, if the school district maintains one.

(i) A protected right petitioner may file a complaint form developed by the State Board with a school board alleging a violation of this Section. The school board shall investigate each complaint form to determine whether a violation occurred.

Each school board shall designate at least one employee to respond to complaints under this Section. Each school district shall include contact information for the designated individual on the school district's website, if the school district maintains one, which shall include the following information:

(1) name;

(2) address;

(3) telephone number; and

(4) electronic mail address.

Upon receipt of a complaint form, the school board shall acknowledge receipt of the complaint form no later than three business days following receipt of the complaint form. The school board shall investigate the complaint within 10 business days of receipt of the complaint form and make findings that shall be sent by mail to the protected right petitioner. If the school board finds:

(1) that a violation occurred, then the findings must include a description of how the school board will remedy the violation; or

(2) that a violation did not occur, then the findings must include an explanation of the school board's findings.

The school board shall provide the protected right petitioner notice of the protected right petitioner's right to appeal and the deadline to appeal the findings with a copy of the findings mailed to the protected right petitioner.

(j) A protected right petitioner may appeal a school board's findings if the protected right petitioner believes that the school board has incorrectly refused to investigate a complaint form or the protected right petitioner has evidence that a school board has reached an incorrect determination. The appeal must be submitted to the State Board by the protected right petitioner no later than 30 days after the date of the school board's findings and notice of the protected right petitioner's right to appeal were mailed to the protected right petitioner. The appeal must be submitted to the State Board on a form prescribed by the State Board. The form shall be available on the State Board's website and each school district's website if a school district maintains one.

The State Board shall send notice to the school board of an appeal submitted no later than 3 business days after receipt of an appeal. The State Board shall then appoint an administrative law judge and conduct adjudicative proceedings. An administrative law judge shall issue a final order.

If an administrative law judge determines that the school board committed a violation, the final order may do any of the following:

(1) Require the school board to remedy the violation.

(2) Withhold evidence-based funding under Section 18-8.15 of the School Code from the school district.

(3) Recommend that the State Board revoke the school district's recognition status.

(4) Suspend or revoke an educator license issued under Article 21B of the School Code.

(5) Include a recommendation for the Attorney General to assess a civil penalty on the school board.

A school board shall comply with a final order issued by the State Board. The State Board shall submit a copy of the State Board's final order to the Attorney General no later than 5 business days after the date the final order is issued. Upon receipt, the Attorney General or his or her designee shall review the findings of the State Board. The Attorney General may request additional information from the school board or the State Board necessary to review the findings and final order. If, after conducting the review, the Attorney General determines that a violation occurred, the Attorney General may assess a civil penalty against the school board in the following prescribed manner:

(1) For a first violation, at least $1,000 but less than $5,000 for each student who is the subject of a violation.

(2) For a second violation, at least $5,000 but less than $10,000 for each student who is the subject of a violation.

(3) For any subsequent violation, at least $10,000 for each student who is the subject of a violation.

A civil penalty assessed shall be deposited into the Common School Fund.

(k) A protected right petitioner may bring a civil action against a school board if the protected right petitioner is the subject of a violation by the school board. A court may award the following to a protected right petitioner who prevails in a civil action under this subsection:

(1) Court costs and reasonable attorney's fees.

(2) The greater of:

(A) Actual damages resulting from the violation; or

(B) Liquidated damages in an amount of $5,000.

(l) A school board may not take any retaliatory action against any protected right petitioner, or any other person related to or associated with the protected right petitioner.

(m) Nothing in this Section shall be construed as to require a school board to disclose personal identifiable information of a student.

(n) The State Board may adopt any rules necessary to implement this Section.

(105 ILCS 5/10-20.84 new)

Sec. 10-20.84. Survey identification. If a school district uses a third-party vendor in providing a personal analysis, evaluation, or survey that reveals or attempts to affect a student's attitudes, habits, traits, opinions, beliefs, or feelings, the third-party vendor and the school district may not collect or maintain the responses to or results of the analysis, evaluation, or survey in a manner that would identify the responses or results of an individual student. The school district shall post blank copies of each questionnaire, study, and survey the third-party vendor is using on the school district's website, if one is maintained, at least 30 days before, and for a time period of no less than one year, the questionnaire, study, or survey is distributed to students to take.

(105 ILCS 5/21B-75)

Sec. 21B-75. Suspension or revocation of license, endorsement, or approval.

(a) As used in this Section, "teacher" means any school district employee regularly required to be licensed, as provided in this Article, in order to teach or supervise in the public schools.

(b) The State Superintendent of Education has the exclusive authority, in accordance with this Section and any rules adopted by the State Board of Education, in consultation with the State Educator Preparation and Licensure Board, to initiate the suspension of up to 5 calendar years or revocation of any license, endorsement, or approval issued pursuant to this Article for abuse or neglect of a child, immorality, a condition of health detrimental to the welfare of pupils, incompetency, unprofessional conduct (which includes the failure to disclose on an employment application any previous conviction for a sex offense, as defined in Section 21B-80 of this Code, or any other offense committed in any other state or against the laws of the United States that, if committed in this State, would be punishable as a sex offense, as defined in Section 21B-80 of this Code), the neglect of any professional duty, willful or negligent failure to report an instance of suspected child abuse or neglect as required by the Abused and Neglected Child Reporting Act, willfully, knowingly, and without probable cause making a false claim in a complaint filed under Section 10-20.83, or other just cause. Negligent failure to report an instance of suspected child abuse or neglect occurs when a teacher personally observes an instance of suspected child abuse or neglect and reasonably believes, in his or her professional or official capacity, that the instance constitutes an act of child abuse or neglect under the Abused and Neglected Child Reporting Act, and he or she, without willful intent, fails to immediately report or cause a report to be made of the suspected abuse or neglect to the Department of Children and Family Services, as required by the Abused and Neglected Child Reporting Act. Unprofessional conduct shall include the refusal to attend or participate in institutes, teachers' meetings, or professional readings or to meet other reasonable requirements of the regional superintendent of schools or State Superintendent of Education. Unprofessional conduct also includes conduct that violates the standards, ethics, or rules applicable to the security, administration, monitoring, or scoring of or the reporting of scores from any assessment test or examination administered under Section 2-3.64a-5 of this Code or that is known or intended to produce or report manipulated or artificial, rather than actual, assessment or achievement results or gains from the administration of those tests or examinations. Unprofessional conduct shall also include neglect or unnecessary delay in the making of statistical and other reports required by school officers. Incompetency shall include, without limitation, 2 or more school terms of service for which the license holder has received an unsatisfactory rating on a performance evaluation conducted pursuant to Article 24A of this Code within a period of 7 school terms of service. In determining whether to initiate action against one or more licenses based on incompetency and the recommended sanction for such action, the State Superintendent shall consider factors that include without limitation all of the following:

(1) Whether the unsatisfactory evaluation ratings occurred prior to June 13, 2011 (the effective date of Public Act 97-8).

(2) Whether the unsatisfactory evaluation ratings occurred prior to or after the implementation date, as defined in Section 24A-2.5 of this Code, of an evaluation system for teachers in a school district.

(3) Whether the evaluator or evaluators who performed an unsatisfactory evaluation met the pre-licensure and training requirements set forth in Section 24A-3 of this Code.

(4) The time between the unsatisfactory evaluation ratings.

(5) The quality of the remediation plans associated with the unsatisfactory evaluation ratings and whether the license holder successfully completed the remediation plans.

(6) Whether the unsatisfactory evaluation ratings were related to the same or different assignments performed by the license holder.

(7) Whether one or more of the unsatisfactory evaluation ratings occurred in the first year of a teaching or administrative assignment. When initiating an action against one or more licenses, the State Superintendent may seek required professional development as a sanction in lieu of or in addition to suspension or revocation. Any such required professional development must be at the expense of the license holder, who may use, if available and applicable to the requirements established by administrative or court order, training, coursework, or other professional development funds in accordance with the terms of an applicable collective bargaining agreement entered into after June 13, 2011 (the effective date of Public Act 97-8), unless that agreement specifically precludes use of funds for such purpose.

(c) The State Superintendent of Education shall, upon receipt of evidence of abuse or neglect of a child, immorality, a condition of health detrimental to the welfare of pupils, incompetency (subject to subsection (b) of this Section), unprofessional conduct, the neglect of any professional duty, or other just cause, further investigate and, if and as appropriate, serve written notice to the individual and afford the individual opportunity for a hearing prior to suspension, revocation, or other sanction; provided that the State Superintendent is under no obligation to initiate such an investigation if the Department of Children and Family Services is investigating the same or substantially similar allegations and its child protective service unit has not made its determination, as required under Section 7.12 of the Abused and Neglected Child Reporting Act. If the State Superintendent of Education does not receive from an individual a request for a hearing within 10 days after the individual receives notice, the suspension, revocation, or other sanction shall immediately take effect in accordance with the notice. If a hearing is requested within 10 days after notice of an opportunity for hearing, it shall act as a stay of proceedings until the State Educator Preparation and Licensure Board issues a decision. Any hearing shall take place in the educational service region where the educator is or was last employed and in accordance with rules adopted by the State Board of Education, in consultation with the State Educator Preparation and Licensure Board, and such rules shall include without limitation provisions for discovery and the sharing of information between parties prior to the hearing. The standard of proof for any administrative hearing held pursuant to this Section shall be by the preponderance of the evidence. The decision of the State Educator Preparation and Licensure Board is a final administrative decision and is subject to judicial review by appeal of either party.

The State Board of Education may refuse to issue or may suspend the license of any person who fails to file a return or to pay the tax, penalty, or interest shown in a filed return or to pay any final assessment of tax, penalty, or interest, as required by any tax Act administered by the Department of Revenue, until such time as the requirements of any such tax Act are satisfied.

The exclusive authority of the State Superintendent of Education to initiate suspension or revocation of a license pursuant to this Section does not preclude a regional superintendent of schools from cooperating with the State Superintendent or a State's Attorney with respect to an investigation of alleged misconduct.

(d) The State Superintendent of Education or his or her designee may initiate and conduct such investigations as may be reasonably necessary to establish the existence of any alleged misconduct. At any stage of the investigation, the State Superintendent may issue a subpoena requiring the attendance and testimony of a witness, including the license holder, and the production of any evidence, including files, records, correspondence, or documents, relating to any matter in question in the investigation. The subpoena shall require a witness to appear at the State Board of Education at a specified date and time and shall specify any evidence to be produced. The license holder is not entitled to be present, but the State Superintendent shall provide the license holder with a copy of any recorded testimony prior to a hearing under this Section. Such recorded testimony must not be used as evidence at a hearing, unless the license holder has adequate notice of the testimony and the opportunity to cross-examine the witness. Failure of a license holder to comply with a duly issued, investigatory subpoena may be grounds for revocation, suspension, or denial of a license.

(e) All correspondence, documentation, and other information so received by the regional superintendent of schools, the State Superintendent of Education, the State Board of Education, or the State Educator Preparation and Licensure Board under this Section is confidential and must not be disclosed to third parties, except (i) as necessary for the State Superintendent of Education or his or her designee to investigate and prosecute pursuant to this Article, (ii) pursuant to a court order, (iii) for disclosure to the license holder or his or her representative, or (iv) as otherwise required in this Article and provided that any such information admitted into evidence in a hearing is exempt from this confidentiality and non-disclosure requirement.

(f) The State Superintendent of Education or a person designated by him or her shall have the power to administer oaths to witnesses at any hearing conducted before the State Educator Preparation and Licensure Board pursuant to this Section. The State Superintendent of Education or a person designated by him or her is authorized to subpoena and bring before the State Educator Preparation and Licensure Board any person in this State and to take testimony either orally or by deposition or by exhibit, with the same fees and mileage and in the same manner as prescribed by law in judicial proceedings in civil cases in circuit courts of this State.

(g) Any circuit court, upon the application of the State Superintendent of Education or the license holder, may, by order duly entered, require the attendance of witnesses and the production of relevant books and papers as part of any investigation or at any hearing the State Educator Preparation and Licensure Board is authorized to conduct pursuant to this Section, and the court may compel obedience to its orders by proceedings for contempt.

(h) The State Board of Education shall receive an annual line item appropriation to cover fees associated with the investigation and prosecution of alleged educator misconduct and hearings related thereto.

(Source: P.A. 101-531, eff. 8-23-19; 102-552, eff. 1-1-22.)

(105 ILCS 5/27-3) (from Ch. 122, par. 27-3)

Sec. 27-3. Patriotism and principles of representative government - Proper use of flag - Method of voting - Pledge of Allegiance. American patriotism and the principles of representative government, as enunciated in the American Declaration of Independence, the Constitution of the United States of America and the Constitution of the State of Illinois, and the proper use and display of the American flag, shall be taught in all public schools and other educational institutions supported or maintained in whole or in part by public funds. Students shall receive instruction that socialism, Marxism, communism, totalitarianism, or similar political systems are incompatible with and in conflict with the principles of freedom upon which the United States was founded. In addition, students must be instructed that if any of these political systems were to replace the current form of government, the government of the United States would be overthrown and existing freedoms under the Constitution would no longer exist. As such, socialism, Marxism, communism, totalitarianism, or similar political systems are detrimental to the people of the United States. No student shall receive a certificate of graduation without passing a satisfactory examination upon such subjects, which may be administered remotely.

Instruction shall be given in all such schools and institutions in the method of voting at elections by means of the Australian Ballot system and the method of the counting of votes for candidates.

The Pledge of Allegiance shall be recited each school day by pupils in elementary and secondary educational institutions supported or maintained in whole or in part by public funds.

(Source: P.A. 101-643, eff. 6-18-20.)

(105 ILCS 5/27-9.1a)

Sec. 27-9.1a. Comprehensive personal health and safety and comprehensive sexual health education.

(a) In this Section:

"Adapt" means to modify an evidence-based or evidence-informed program model for use with a particular demographic, ethnic, linguistic, or cultural group.

"Age and developmentally appropriate" means suitable to particular ages or age groups of children and adolescents, based on the developing cognitive, emotional, and behavioral capacity typical for the age or age group.

"Characteristics of effective programs" includes development, content, and implementation of such programs that (i) have been shown to be effective in terms of increasing knowledge, clarifying values and attitudes, increasing skills, and impacting behavior, (ii) are widely recognized by leading medical and public health agencies to be effective in changing sexual behaviors that lead to sexually transmitted infections, including HIV, unintended pregnancy, interpersonal violence, and sexual violence among young people, and (iii) are taught by professionals who provide a safe learning space, free from shame, stigma, and ideology and are trained in trauma-informed teaching methodologies.

"Complete" means information that aligns with the National Sex Education Standards, including information on consent and healthy relationships, anatomy and physiology, puberty and adolescent sexual development, gender identity and expression, sexual orientation and identity, sexual health, and interpersonal violence.

"Comprehensive personal health and safety education" means age and developmentally appropriate education that aligns with the National Sex Education Standards, including information on consent and healthy relationships, anatomy and physiology, puberty and adolescent sexual development, gender identity and expression, sexual orientation and identity, sexual health, and interpersonal violence.

"Comprehensive sexual health education" means age and developmentally appropriate education that aligns with the National Sex Education Standards, including information on consent and healthy relationships, anatomy and physiology, puberty and adolescent sexual development, gender identity and expression, sexual orientation and identity, sexual health, and interpersonal violence.

"Consent" means an affirmative, knowing, conscious, ongoing, and voluntary agreement to engage in interpersonal, physical, or sexual activity, which can be revoked at any point, including during the course of interpersonal, physical, or sexual activity.

"Culturally appropriate" means affirming culturally diverse individuals, families, and communities in an inclusive, respectful, and effective manner, including materials and instruction that are inclusive of race, ethnicity, language, cultural background, immigration status, religion, disability, gender, gender identity, gender expression, sexual orientation, and sexual behavior.

"Evidence-based program" means a program for which systematic, empirical research or evaluation has provided evidence of effectiveness.

"Evidence-informed program" means a program that uses the best available research and practice knowledge to guide program design and implementation.

"Gender stereotype" means a generalized view or preconception about what attributes, characteristics, or roles are or ought to be taught, possessed by, or performed by people based on their gender identity.

"Healthy relationships" means relationships between individuals that consist of mutual respect, trust, honesty, support, fairness, equity, separate identities, physical and emotional safety, and good communication.

"Identity" means people's understanding of how they identify their sexual orientation, gender, gender identity, or gender expression without stereotypes, shame, or stigma.

"Inclusive" means inclusion of marginalized communities that include, but are not limited to, people of color, immigrants, people of diverse sexual orientations, gender identities, and gender expressions, people who are intersex, people with disabilities, people who have experienced interpersonal or sexual violence, and others.

"Interpersonal violence" means violent behavior used to establish power and control over another person.

"Medically accurate" means verified or supported by the weight of research conducted in compliance with accepted scientific methods and published in peer-reviewed journals, if applicable, or comprising information recognized as accurate and objective.

"Pre-exposure Prophylaxis (PrEP)" means medications approved by the federal Food and Drug Administration (FDA) and recommended by the United States Public Health Service or the federal Centers for Disease Control and Prevention for HIV pre-exposure prophylaxis and related pre-exposure prophylaxis services, including, but not limited to, HIV and sexually transmitted infection screening, treatment for sexually transmitted infections, medical monitoring, laboratory services, and sexual health counseling, to reduce the likelihood of HIV infection for individuals who are not living with HIV but are vulnerable to HIV exposure.

"Post-exposure Prophylaxis (PeP)" means the medications that are recommended by the federal Centers for Disease Control and Prevention and other public health authorities to help prevent HIV infection after potential occupational or non-occupational HIV exposure.

"Sexual violence" means discrimination, bullying, harassment, including sexual harassment, sexual abuse, sexual assault, intimate partner violence, incest, rape, and human trafficking.

"Trauma informed" means to address vital information about sexuality and well-being that takes into consideration how adverse life experiences may potentially influence a person's well-being and decision making.

(b) All classes that teach comprehensive personal health and safety and comprehensive sexual health education shall satisfy the following criteria:

(1) Course material and instruction shall be age and developmentally appropriate, medically accurate, complete, culturally appropriate, inclusive, and trauma informed.

(2) Course material and instruction shall replicate evidence-based or evidence-informed programs or substantially incorporate elements of evidence-based programs or evidence-informed programs or characteristics of effective programs.

(3) Course material and instruction shall be inclusive and sensitive to the needs of students based on their status as pregnant or parenting, living with STIs, including HIV, sexually active, asexual, or intersex or based on their gender, gender identity, gender expression, sexual orientation, sexual behavior, or disability.

(4) Course material and instruction shall be accessible to students with disabilities, which may include the use of a modified curriculum, materials, instruction in alternative formats, assistive technology, and auxiliary aids.

(5) Course material and instruction shall help students develop self-advocacy skills for effective communication with parents or guardians, health and social service professionals, other trusted adults, and peers about sexual health and relationships.

(6) Course material and instruction shall provide information to help students develop skills for developing healthy relationships and preventing and dealing with interpersonal violence and sexual violence.

(7) Course material and instruction shall provide information to help students safely use the Internet, including social media, dating or relationship websites or applications, and texting.

(8) Course material and instruction shall provide information about local resources where students can obtain additional information and confidential services related to parenting, bullying, interpersonal violence, sexual violence, suicide prevention, sexual and reproductive health, mental health, substance abuse, sexual orientation, gender identity, gender expression, and other related issues.

(9) Course material and instruction shall include information about State laws related to minor confidentiality and minor consent, including exceptions, consent education, mandated reporting of child abuse and neglect, the safe relinquishment of a newborn child, minors' access to confidential health care and related services, school policies addressing the prevention of and response to interpersonal and sexual violence, school breastfeeding accommodations, and school policies addressing the prevention of and response to sexual harassment.

(10) Course material and instruction may not reflect or promote bias against any person on the basis of the person's race, ethnicity, language, cultural background, citizenship, religion, HIV status, family structure, disability, gender, gender identity, gender expression, sexual orientation, or sexual behavior.

(11) Course material and instruction may not employ gender stereotypes.

(12) Course material and instruction shall be inclusive of and may not be insensitive or unresponsive to the needs of survivors of interpersonal violence and sexual violence.

(13) Course material and instruction may not proselytize any religious doctrine.

(14) Course material and instruction may not deliberately withhold health-promoting or life-saving information about culturally appropriate health care and services, including reproductive health services, hormone therapy, and FDA-approved treatments and options, including, but not limited to, Pre-exposure Prophylaxis (PrEP) and Post-exposure Prophylaxis (PeP).

(15) Course material and instruction may not be inconsistent with the ethical imperatives of medicine and public health.

(c) A school may utilize guest lecturers or resource persons to provide instruction or presentations in accordance with Section 10-22.34b. Comprehensive personal health and safety and comprehensive sexual health education instruction and materials provided by guest lecturers or resource persons may not conflict with the provisions of this Section.

(d) No student shall be required to take or participate in any class or course in comprehensive personal health and safety and comprehensive sexual health education. If the parent or guardian of a student wants the student to receive comprehensive personal health and safety and comprehensive sexual health education, the A student's parent or guardian must may opt in the student out of comprehensive personal health and safety and comprehensive sexual health education by submitting the request in writing. Prior to obtaining prior written consent, the school board shall provide the parent or guardian with informed written notice which shall accurately describe and detail the contents and nature of the instruction on comprehensive personal health and safety and comprehensive sexual health education, including all written materials the student will be provided. Refusal to take or participate in such a course or program may not be a reason for disciplinary action, academic penalty, suspension, or expulsion or any other sanction of a student. A school district may not require active parental consent for comprehensive personal health and safety and comprehensive sexual health education.

(e) An opportunity shall be afforded to individuals, including parents or guardians, to review the scope and sequence of instructional materials to be used in a class or course under this Section, either electronically or in person. A school district shall annually post, on its Internet website if one exists, which curriculum is used to provide comprehensive personal health and safety and comprehensive sexual health education and the name and contact information, including an email address, of school personnel who can respond to inquiries about instruction and materials.

(f) On or before August 1, 2022, the State Board of Education, in consultation with youth, parents, sexual health and violence prevention experts, health care providers, advocates, and education practitioners, including, but not limited to, administrators, regional superintendents of schools, teachers, and school support personnel, shall develop and adopt rigorous learning standards in the area of comprehensive personal health and safety education for pupils in kindergarten through the 5th grade and comprehensive sexual health education for pupils in the 6th through 12th grades, including, but not limited to, all of the National Sex Education Standards, including information on consent and healthy relationships, anatomy and physiology, puberty and adolescent sexual development, gender identity and expression, sexual orientation and identity, sexual health, and interpersonal violence, as authored by the Future of Sex Education Initiative. As the National Sex Education Standards are updated, the State Board of Education shall update these learning standards.

(g) By no later than August 1, 2022, the State Board of Education shall make available resource materials developed in consultation with stakeholders, with the cooperation and input of experts that provide and entities that promote age and developmentally appropriate, medically accurate, complete, culturally appropriate, inclusive, and trauma-informed comprehensive personal health and safety and comprehensive sexual health education policy. Materials may include, without limitation, model comprehensive personal health and safety and comprehensive sexual health education resources and programs. The State Board of Education shall make these resource materials available on its Internet website, in a clearly identified and easily accessible place.

(h) Schools may choose and adapt the age and developmentally appropriate, medically accurate, complete, culturally appropriate, inclusive, and trauma-informed comprehensive personal health and safety and comprehensive sexual health education curriculum that meets the specific needs of their community. All instruction and materials, including materials provided or presented by outside consultants, community groups, or organizations, may not conflict with the provisions of this Section.

(i) The State Board of Education shall, through existing reporting mechanisms if available, direct each school district to identify the following:

(1) if instruction on comprehensive personal health and safety and comprehensive sexual health education is provided;

(2) whether the instruction was provided by a teacher in the school, a consultant, or a community group or organization and specify the name of the outside consultant, community group, or organization;

(3) the number of students receiving instruction;

(4) the number of students excused from instruction; and

(5) the duration of instruction.

The State Board of Education shall report the results of this inquiry to the General Assembly annually, for a period of 5 years beginning one year after the effective date of this amendatory Act of the 102nd General Assembly.

(Source: P.A. 102-522, eff. 8-20-21.)

Section 95. No acceleration or delay. Where this Act makes changes in a statute that is represented in this Act by text that is not yet or no longer in effect (for example, a Section represented by multiple versions), the use of that text does not accelerate or delay the taking effect of (i) the changes made by this Act or (ii) provisions derived from any other Public Act.

Section 99. Effective date. This Act takes effect upon becoming law.