Full Text of HB2049 103rd General Assembly
HB2049 103RD GENERAL ASSEMBLY |
| | 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: |
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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
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| 1 | | AN ACT concerning education.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 1. This Act may be referred to as the Racism-Free | 5 | | Schools Law. | 6 | | Section 5. The School Code is amended by changing Sections | 7 | | 10-20.69, 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 | 10 | | discrimination . | 11 | | (a) Each school district must create, maintain, and | 12 | | implement an age-appropriate policy on sexual harassment that | 13 | | must be posted on the school district's website and, if | 14 | | applicable, any other area where policies, rules, and | 15 | | standards of conduct are currently posted in each school and | 16 | | must also be included in the school district's student code of | 17 | | conduct handbook.
| 18 | | (b) Each school district must create, implement, and | 19 | | maintain an age-appropriate policy on race-related harassment | 20 | | and discrimination. This policy must be in compliance with and | 21 | | distributed in accordance with Section 5A-103 of the Illinois | 22 | | Human 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 | 5 | | school environment is necessary for students to learn and | 6 | | achieve and that bullying causes physical, psychological, and | 7 | | emotional harm to students and interferes with students' | 8 | | ability to learn and participate in school activities. The | 9 | | General Assembly further finds that bullying has been linked | 10 | | to other forms of antisocial behavior, such as vandalism, | 11 | | shoplifting, skipping and dropping out of school, fighting, | 12 | | using drugs and alcohol, sexual harassment, and sexual | 13 | | violence. Because of the negative outcomes associated with | 14 | | bullying in schools, the General Assembly finds that school | 15 | | districts, charter schools, and non-public, non-sectarian | 16 | | elementary and secondary schools should educate students, | 17 | | parents, and school district, charter school, or non-public, | 18 | | non-sectarian elementary or secondary school personnel about | 19 | | what behaviors constitute prohibited bullying. | 20 | | Bullying on the basis of actual or perceived race, color, | 21 | | religion, sex, national origin, ancestry, age, marital status, | 22 | | physical or mental disability, military status, sexual | 23 | | orientation, gender-related identity or expression, | 24 | | unfavorable discharge from military service, association with | 25 | | a person or group with one or more of the aforementioned actual |
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| 1 | | or perceived characteristics, or any other distinguishing | 2 | | characteristic is prohibited in all school districts, charter | 3 | | schools, and non-public, non-sectarian elementary and | 4 | | secondary 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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| 1 | | any right to exercise free expression or the free exercise of | 2 | | religion or religiously based views protected under the First | 3 | | Amendment to the United States Constitution or under Section 3 | 4 | | of Article I of the Illinois Constitution. | 5 | | (b) In this Section:
| 6 | | "Bullying" includes "cyber-bullying" and means any severe | 7 | | or pervasive physical or verbal act or conduct, including | 8 | | communications made in writing or electronically, directed | 9 | | toward a student or students that has or can be reasonably | 10 | | predicted 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 | 21 | | various forms, including without limitation one or more of the | 22 | | following: harassment, threats, intimidation, stalking, | 23 | | physical violence, sexual harassment, sexual violence, racial | 24 | | harassment, racial violence, theft, public humiliation, | 25 | | destruction of property, or retaliation for asserting or | 26 | | alleging an act of bullying. This list is meant to be |
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| 1 | | illustrative and non-exhaustive. | 2 | | "Cyber-bullying" means bullying through the use of | 3 | | technology or any electronic communication, including without | 4 | | limitation any transfer of signs, signals, writing, images, | 5 | | sounds, data, or intelligence of any nature transmitted in | 6 | | whole or in part by a wire, radio, electromagnetic system, | 7 | | photoelectronic system, or photooptical system, including | 8 | | without limitation electronic mail, Internet communications, | 9 | | instant messages, or facsimile communications. | 10 | | "Cyber-bullying" includes the creation of a webpage or weblog | 11 | | in which the creator assumes the identity of another person or | 12 | | the knowing impersonation of another person as the author of | 13 | | posted content or messages if the creation or impersonation | 14 | | creates any of the effects enumerated in the definition of | 15 | | bullying in this Section. "Cyber-bullying" also includes the | 16 | | distribution by electronic means of a communication to more | 17 | | than one person or the posting of material on an electronic | 18 | | medium that may be accessed by one or more persons if the | 19 | | distribution or posting creates any of the effects enumerated | 20 | | in the definition of bullying in this Section. | 21 | | "Policy on bullying" means a bullying prevention policy | 22 | | that 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 | 7 | | alternatives to exclusionary discipline, such as suspensions | 8 | | and expulsions, that: (i) are adapted to the particular needs | 9 | | of the school and community, (ii) contribute to maintaining | 10 | | school safety, (iii) protect the integrity of a positive and | 11 | | productive learning climate, (iv) teach students the personal | 12 | | and interpersonal skills they will need to be successful in | 13 | | school and society, (v) serve to build and restore | 14 | | relationships among students, families, schools, and | 15 | | communities, (vi) reduce the likelihood of future disruption | 16 | | by balancing accountability with an understanding of students' | 17 | | behavioral health needs in order to keep students in school, | 18 | | and (vii) increase student accountability if the incident of | 19 | | bullying is based on religion, race, ethnicity, or any other | 20 | | category that is identified in the Illinois Human Rights Act. | 21 | | "School personnel" means persons employed by, on contract | 22 | | with, or who volunteer in a school district, charter school, | 23 | | or non-public, non-sectarian elementary or secondary school, | 24 | | including without limitation school and school district | 25 | | administrators, teachers, school social workers, school | 26 | | counselors, school psychologists, school nurses, cafeteria |
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| 1 | | workers, custodians, bus drivers, school resource officers, | 2 | | and security guards. | 3 | | (c) (Blank).
| 4 | | (d) Each school district, charter school, and non-public, | 5 | | non-sectarian elementary or secondary school shall create, | 6 | | maintain, and implement a policy on bullying, which policy | 7 | | must be filed with the State Board of Education. The policy or | 8 | | implementing procedure shall include a process to investigate | 9 | | whether a reported act of bullying is within the permissible | 10 | | scope of the district's or school's jurisdiction and whether | 11 | | the reported act of bullying meets the threshold for | 12 | | harassment in elementary, secondary, or higher education under | 13 | | the Illinois Human Rights Act and shall require that the | 14 | | district or school provide the victim with information | 15 | | regarding services that are available within the district and | 16 | | community, such as counseling, support services, and other | 17 | | programs , and the protections and relief available under | 18 | | Articles 7A and 8A of the Illinois Human Rights Act in cases in | 19 | | which the reported act of bullying meets the threshold for | 20 | | harassment in elementary, secondary, or higher education under | 21 | | the Illinois Human Rights Act . School personnel available for | 22 | | help with a bully or to make a report about bullying shall be | 23 | | made known to parents or legal guardians, students, and school | 24 | | personnel. Every 2 years, each school district, charter | 25 | | school, and non-public, non-sectarian elementary or secondary | 26 | | school shall conduct a review and re-evaluation of its policy |
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| 1 | | and make any necessary and appropriate revisions , including | 2 | | revisions that prevent harassment if appropriate . No later | 3 | | than September 30 of the subject year, the policy must be filed | 4 | | with the State Board of Education after being updated. The | 5 | | State Board of Education shall monitor and provide technical | 6 | | support for the implementation of policies created under this | 7 | | subsection (d). In monitoring the implementation of the | 8 | | policies, the State Board of Education shall review each filed | 9 | | policy on bullying to ensure all policies meet the | 10 | | requirements set forth in this Section, including ensuring | 11 | | that each policy meets the 12 criterion identified within the | 12 | | definition of "policy on bullying" set forth in this Section. | 13 | | If a school district, charter school, or non-public, | 14 | | non-sectarian elementary or secondary school fails to file a | 15 | | policy on bullying by September 30 of the subject year, the | 16 | | State Board of Education shall provide a written request for | 17 | | filing to the school district, charter school, or non-public, | 18 | | non-sectarian elementary or secondary school. If a school | 19 | | district, charter school, or non-public, non-sectarian | 20 | | elementary or secondary school fails to file a policy on | 21 | | bullying within 14 days of receipt of the aforementioned | 22 | | written request, the State Board of Education shall publish | 23 | | notice of the non-compliance on the State Board of Education's | 24 | | website. | 25 | | (e) This Section shall not be interpreted to prevent a | 26 | | victim from seeking redress under any other available civil or |
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| 1 | | criminal law.
| 2 | | (Source: P.A. 102-197, eff. 7-30-21; 102-241, eff. 8-3-21; | 3 | | 102-813, 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 | 6 | | 102-702 ) | 7 | | Sec. 27A-5. Charter school; legal entity; requirements.
| 8 | | (a) A charter school shall be a public, nonsectarian, | 9 | | nonreligious, non-home
based, and non-profit school. A charter | 10 | | school shall be organized and operated
as a nonprofit | 11 | | corporation or other discrete, legal, nonprofit entity
| 12 | | authorized under the laws of the State of Illinois.
| 13 | | (b) A charter school may be established under this Article | 14 | | by creating a new
school or by converting an existing public | 15 | | school or attendance center to
charter
school status.
| 16 | | Beginning on April 16, 2003 (the effective date of Public Act | 17 | | 93-3), in all new
applications to establish
a charter
school | 18 | | in a city having a population exceeding 500,000, operation of | 19 | | the
charter
school shall be limited to one campus. The changes | 20 | | made to this Section by Public Act 93-3 do not apply to charter | 21 | | schools existing or approved on or before April 16, 2003 (the
| 22 | | effective date of Public Act 93-3). | 23 | | (b-5) In this subsection (b-5), "virtual-schooling" means | 24 | | a cyber school where students engage in online curriculum and | 25 | | instruction via the Internet and electronic communication with |
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| 1 | | their teachers at remote locations and with students | 2 | | participating at different times. | 3 | | From April 1, 2013 through December 31, 2016, there is a | 4 | | moratorium on the establishment of charter schools with | 5 | | virtual-schooling components in school districts other than a | 6 | | school district organized under Article 34 of this Code. This | 7 | | moratorium does not apply to a charter school with | 8 | | virtual-schooling components existing or approved prior to | 9 | | April 1, 2013 or to the renewal of the charter of a charter | 10 | | school with virtual-schooling components already approved | 11 | | prior to April 1, 2013.
| 12 | | (c) A charter school shall be administered and governed by | 13 | | its board of
directors or other governing body
in the manner | 14 | | provided in its charter. The governing body of a charter | 15 | | school
shall be subject to the Freedom of Information Act and | 16 | | the Open Meetings Act. No later than January 1, 2021 (one year | 17 | | after the effective date of Public Act 101-291), a charter | 18 | | school's board of directors or other governing body must | 19 | | include at least one parent or guardian of a pupil currently | 20 | | enrolled in the charter school who may be selected through the | 21 | | charter school or a charter network election, appointment by | 22 | | the charter school's board of directors or other governing | 23 | | body, or by the charter school's Parent Teacher Organization | 24 | | or its equivalent. | 25 | | (c-5) No later than January 1, 2021 (one year after the | 26 | | effective date of Public Act 101-291) or within the first year |
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| 1 | | of his or her first term, every voting member of a charter | 2 | | school's board of directors or other governing body shall | 3 | | complete a minimum of 4 hours of professional development | 4 | | leadership training to ensure that each member has sufficient | 5 | | familiarity with the board's or governing body's role and | 6 | | responsibilities, including financial oversight and | 7 | | accountability of the school, evaluating the principal's and | 8 | | school's performance, adherence to the Freedom of Information | 9 | | Act and the Open Meetings Act, and compliance with education | 10 | | and labor law. In each subsequent year of his or her term, a | 11 | | voting member of a charter school's board of directors or | 12 | | other governing body shall complete a minimum of 2 hours of | 13 | | professional development training in these same areas. The | 14 | | training under this subsection may be provided or certified by | 15 | | a statewide charter school membership association or may be | 16 | | provided or certified by other qualified providers approved by | 17 | | the State Board of Education.
| 18 | | (d) For purposes of this subsection (d), "non-curricular | 19 | | health and safety requirement" means any health and safety | 20 | | requirement created by statute or rule to provide, maintain, | 21 | | preserve, or safeguard safe or healthful conditions for | 22 | | students and school personnel or to eliminate, reduce, or | 23 | | prevent threats to the health and safety of students and | 24 | | school personnel. "Non-curricular health and safety | 25 | | requirement" does not include any course of study or | 26 | | specialized instructional requirement for which the State |
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| 1 | | Board has established goals and learning standards or which is | 2 | | designed primarily to impart knowledge and skills for students | 3 | | to master and apply as an outcome of their education. | 4 | | A charter school shall comply with all non-curricular | 5 | | health and safety
requirements applicable to public schools | 6 | | under the laws of the State of
Illinois. On or before September | 7 | | 1, 2015, the State Board shall promulgate and post on its | 8 | | Internet website a list of non-curricular health and safety | 9 | | requirements that a charter school must meet. The list shall | 10 | | be updated annually no later than September 1. Any charter | 11 | | contract between a charter school and its authorizer must | 12 | | contain a provision that requires the charter school to follow | 13 | | the list of all non-curricular health and safety requirements | 14 | | promulgated by the State Board and any non-curricular health | 15 | | and safety requirements added by the State Board to such list | 16 | | during the term of the charter. Nothing in this subsection (d) | 17 | | precludes an authorizer from including non-curricular health | 18 | | and safety requirements in a charter school contract that are | 19 | | not contained in the list promulgated by the State Board, | 20 | | including non-curricular health and safety requirements of the | 21 | | authorizing local school board.
| 22 | | (e) Except as otherwise provided in the School Code, a | 23 | | charter school shall
not charge tuition; provided that a | 24 | | charter school may charge reasonable fees
for textbooks, | 25 | | instructional materials, and student activities.
| 26 | | (f) A charter school shall be responsible for the |
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| 1 | | management and operation
of its fiscal affairs, including,
but | 2 | | not limited to, the preparation of its budget. An audit of each | 3 | | charter
school's finances shall be conducted annually by an | 4 | | outside, independent
contractor retained by the charter | 5 | | school. The contractor shall not be an employee of the charter | 6 | | school or affiliated with the charter school or its authorizer | 7 | | in any way, other than to audit the charter school's finances. | 8 | | To ensure financial accountability for the use of public | 9 | | funds, on or before December 1 of every year of operation, each | 10 | | charter school shall submit to its authorizer and the State | 11 | | Board a copy of its audit and a copy of the Form 990 the | 12 | | charter school filed that year with the federal Internal | 13 | | Revenue Service. In addition, if deemed necessary for proper | 14 | | financial oversight of the charter school, an authorizer may | 15 | | require quarterly financial statements from each charter | 16 | | school.
| 17 | | (g) A charter school shall comply with all provisions of | 18 | | this Article, the Illinois Educational Labor Relations Act, | 19 | | all federal and State laws and rules applicable to public | 20 | | schools that pertain to special education and the instruction | 21 | | of English learners, and
its charter. A charter
school is | 22 | | exempt from all other State laws and regulations in this Code
| 23 | | governing public
schools and local school board policies; | 24 | | however, 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 | 21 | | school district, the
governing body of a State college or | 22 | | university or public community college, or
any other public or | 23 | | for-profit or nonprofit private entity for: (i) the use
of a | 24 | | school building and grounds or any other real property or | 25 | | facilities that
the charter school desires to use or convert | 26 | | for use as a charter school site,
(ii) the operation and |
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| 1 | | maintenance thereof, and
(iii) the provision of any service, | 2 | | activity, or undertaking that the charter
school is required | 3 | | to perform in order to carry out the terms of its charter.
| 4 | | However, a charter school
that is established on
or
after | 5 | | April 16, 2003 (the effective date of Public Act 93-3) and that | 6 | | operates
in a city having a population exceeding
500,000 may | 7 | | not contract with a for-profit entity to
manage or operate the | 8 | | school during the period that commences on April 16, 2003 (the
| 9 | | effective date of Public Act 93-3) and
concludes at the end of | 10 | | the 2004-2005 school year.
Except as provided in subsection | 11 | | (i) of this Section, a school district may
charge a charter | 12 | | school reasonable rent for the use of the district's
| 13 | | buildings, grounds, and facilities. Any services for which a | 14 | | charter school
contracts
with a school district shall be | 15 | | provided by the district at cost. Any services
for which a | 16 | | charter school contracts with a local school board or with the
| 17 | | governing body of a State college or university or public | 18 | | community college
shall be provided by the public entity at | 19 | | cost.
| 20 | | (i) In no event shall a charter school that is established | 21 | | by converting an
existing school or attendance center to | 22 | | charter school status be required to
pay rent for space
that is | 23 | | deemed available, as negotiated and provided in the charter | 24 | | agreement,
in school district
facilities. However, all other | 25 | | costs for the operation and maintenance of
school district | 26 | | facilities that are used by the charter school shall be |
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| 1 | | subject
to negotiation between
the charter school and the | 2 | | local school board and shall be set forth in the
charter.
| 3 | | (j) A charter school may limit student enrollment by age | 4 | | or grade level.
| 5 | | (k) If the charter school is approved by the State Board or | 6 | | Commission, then the charter school is its own local education | 7 | | agency. | 8 | | (Source: P.A. 101-50, eff. 7-1-20; 101-81, eff. 7-12-19; | 9 | | 101-291, eff. 1-1-20; 101-531, eff. 8-23-19; 101-543, eff. | 10 | | 8-23-19; 101-654, eff. 3-8-21; 102-51, eff. 7-9-21; 102-157, | 11 | | eff. 7-1-22; 102-360, eff. 1-1-22; 102-445, eff. 8-20-21; | 12 | | 102-522, eff. 8-20-21; 102-558, eff. 8-20-21; 102-676, eff. | 13 | | 12-3-21; 102-697, eff. 4-5-22; 102-805, eff. 1-1-23; 102-813, | 14 | | eff. 5-13-22; revised 12-13-22.) | 15 | | (Text of Section after amendment by P.A. 102-702 but | 16 | | before 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, | 19 | | nonreligious, non-home
based, and non-profit school. A charter | 20 | | school shall be organized and operated
as a nonprofit | 21 | | corporation or other discrete, legal, nonprofit entity
| 22 | | authorized under the laws of the State of Illinois.
| 23 | | (b) A charter school may be established under this Article | 24 | | by creating a new
school or by converting an existing public | 25 | | school or attendance center to
charter
school status.
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| 1 | | Beginning on April 16, 2003 (the effective date of Public Act | 2 | | 93-3), in all new
applications to establish
a charter
school | 3 | | in a city having a population exceeding 500,000, operation of | 4 | | the
charter
school shall be limited to one campus. The changes | 5 | | made to this Section by Public Act 93-3 do not apply to charter | 6 | | schools existing or approved on or before April 16, 2003 (the
| 7 | | effective date of Public Act 93-3). | 8 | | (b-5) In this subsection (b-5), "virtual-schooling" means | 9 | | a cyber school where students engage in online curriculum and | 10 | | instruction via the Internet and electronic communication with | 11 | | their teachers at remote locations and with students | 12 | | participating at different times. | 13 | | From April 1, 2013 through December 31, 2016, there is a | 14 | | moratorium on the establishment of charter schools with | 15 | | virtual-schooling components in school districts other than a | 16 | | school district organized under Article 34 of this Code. This | 17 | | moratorium does not apply to a charter school with | 18 | | virtual-schooling components existing or approved prior to | 19 | | April 1, 2013 or to the renewal of the charter of a charter | 20 | | school with virtual-schooling components already approved | 21 | | prior to April 1, 2013.
| 22 | | (c) A charter school shall be administered and governed by | 23 | | its board of
directors or other governing body
in the manner | 24 | | provided in its charter. The governing body of a charter | 25 | | school
shall be subject to the Freedom of Information Act and | 26 | | the Open Meetings Act. No later than January 1, 2021 (one year |
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| 1 | | after the effective date of Public Act 101-291), a charter | 2 | | school's board of directors or other governing body must | 3 | | include at least one parent or guardian of a pupil currently | 4 | | enrolled in the charter school who may be selected through the | 5 | | charter school or a charter network election, appointment by | 6 | | the charter school's board of directors or other governing | 7 | | body, or by the charter school's Parent Teacher Organization | 8 | | or its equivalent. | 9 | | (c-5) No later than January 1, 2021 (one year after the | 10 | | effective date of Public Act 101-291) or within the first year | 11 | | of his or her first term, every voting member of a charter | 12 | | school's board of directors or other governing body shall | 13 | | complete a minimum of 4 hours of professional development | 14 | | leadership training to ensure that each member has sufficient | 15 | | familiarity with the board's or governing body's role and | 16 | | responsibilities, including financial oversight and | 17 | | accountability of the school, evaluating the principal's and | 18 | | school's performance, adherence to the Freedom of Information | 19 | | Act and the Open Meetings Act, and compliance with education | 20 | | and labor law. In each subsequent year of his or her term, a | 21 | | voting member of a charter school's board of directors or | 22 | | other governing body shall complete a minimum of 2 hours of | 23 | | professional development training in these same areas. The | 24 | | training under this subsection may be provided or certified by | 25 | | a statewide charter school membership association or may be | 26 | | provided or certified by other qualified providers approved by |
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| 1 | | the State Board of Education.
| 2 | | (d) For purposes of this subsection (d), "non-curricular | 3 | | health and safety requirement" means any health and safety | 4 | | requirement created by statute or rule to provide, maintain, | 5 | | preserve, or safeguard safe or healthful conditions for | 6 | | students and school personnel or to eliminate, reduce, or | 7 | | prevent threats to the health and safety of students and | 8 | | school personnel. "Non-curricular health and safety | 9 | | requirement" does not include any course of study or | 10 | | specialized instructional requirement for which the State | 11 | | Board has established goals and learning standards or which is | 12 | | designed primarily to impart knowledge and skills for students | 13 | | to master and apply as an outcome of their education. | 14 | | A charter school shall comply with all non-curricular | 15 | | health and safety
requirements applicable to public schools | 16 | | under the laws of the State of
Illinois. On or before September | 17 | | 1, 2015, the State Board shall promulgate and post on its | 18 | | Internet website a list of non-curricular health and safety | 19 | | requirements that a charter school must meet. The list shall | 20 | | be updated annually no later than September 1. Any charter | 21 | | contract between a charter school and its authorizer must | 22 | | contain a provision that requires the charter school to follow | 23 | | the list of all non-curricular health and safety requirements | 24 | | promulgated by the State Board and any non-curricular health | 25 | | and safety requirements added by the State Board to such list | 26 | | during the term of the charter. Nothing in this subsection (d) |
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| 1 | | precludes an authorizer from including non-curricular health | 2 | | and safety requirements in a charter school contract that are | 3 | | not contained in the list promulgated by the State Board, | 4 | | including non-curricular health and safety requirements of the | 5 | | authorizing local school board.
| 6 | | (e) Except as otherwise provided in the School Code, a | 7 | | charter school shall
not charge tuition; provided that a | 8 | | charter school may charge reasonable fees
for textbooks, | 9 | | instructional materials, and student activities.
| 10 | | (f) A charter school shall be responsible for the | 11 | | management and operation
of its fiscal affairs, including,
but | 12 | | not limited to, the preparation of its budget. An audit of each | 13 | | charter
school's finances shall be conducted annually by an | 14 | | outside, independent
contractor retained by the charter | 15 | | school. The contractor shall not be an employee of the charter | 16 | | school or affiliated with the charter school or its authorizer | 17 | | in any way, other than to audit the charter school's finances. | 18 | | To ensure financial accountability for the use of public | 19 | | funds, on or before December 1 of every year of operation, each | 20 | | charter school shall submit to its authorizer and the State | 21 | | Board a copy of its audit and a copy of the Form 990 the | 22 | | charter school filed that year with the federal Internal | 23 | | Revenue Service. In addition, if deemed necessary for proper | 24 | | financial oversight of the charter school, an authorizer may | 25 | | require quarterly financial statements from each charter | 26 | | school.
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| 1 | | (g) A charter school shall comply with all provisions of | 2 | | this Article, the Illinois Educational Labor Relations Act, | 3 | | all federal and State laws and rules applicable to public | 4 | | schools that pertain to special education and the instruction | 5 | | of English learners, and
its charter. A charter
school is | 6 | | exempt from all other State laws and regulations in this Code
| 7 | | governing public
schools and local school board policies; | 8 | | however, 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;
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| 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 ; . |
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| 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 | 6 | | school district, the
governing body of a State college or | 7 | | university or public community college, or
any other public or | 8 | | for-profit or nonprofit private entity for: (i) the use
of a | 9 | | school building and grounds or any other real property or | 10 | | facilities that
the charter school desires to use or convert | 11 | | for use as a charter school site,
(ii) the operation and | 12 | | maintenance thereof, and
(iii) the provision of any service, | 13 | | activity, or undertaking that the charter
school is required | 14 | | to perform in order to carry out the terms of its charter.
| 15 | | However, a charter school
that is established on
or
after | 16 | | April 16, 2003 (the effective date of Public Act 93-3) and that | 17 | | operates
in a city having a population exceeding
500,000 may | 18 | | not contract with a for-profit entity to
manage or operate the | 19 | | school during the period that commences on April 16, 2003 (the
| 20 | | effective date of Public Act 93-3) and
concludes at the end of | 21 | | the 2004-2005 school year.
Except as provided in subsection | 22 | | (i) of this Section, a school district may
charge a charter | 23 | | school reasonable rent for the use of the district's
| 24 | | buildings, grounds, and facilities. Any services for which a | 25 | | charter school
contracts
with a school district shall be | 26 | | provided by the district at cost. Any services
for which a |
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| 1 | | charter school contracts with a local school board or with the
| 2 | | governing body of a State college or university or public | 3 | | community college
shall be provided by the public entity at | 4 | | cost.
| 5 | | (i) In no event shall a charter school that is established | 6 | | by converting an
existing school or attendance center to | 7 | | charter school status be required to
pay rent for space
that is | 8 | | deemed available, as negotiated and provided in the charter | 9 | | agreement,
in school district
facilities. However, all other | 10 | | costs for the operation and maintenance of
school district | 11 | | facilities that are used by the charter school shall be | 12 | | subject
to negotiation between
the charter school and the | 13 | | local school board and shall be set forth in the
charter.
| 14 | | (j) A charter school may limit student enrollment by age | 15 | | or grade level.
| 16 | | (k) If the charter school is approved by the State Board or | 17 | | Commission, then the charter school is its own local education | 18 | | agency. | 19 | | (Source: P.A. 101-50, eff. 7-1-20; 101-81, eff. 7-12-19; | 20 | | 101-291, eff. 1-1-20; 101-531, eff. 8-23-19; 101-543, eff. | 21 | | 8-23-19; 101-654, eff. 3-8-21; 102-51, eff. 7-9-21; 102-157, | 22 | | eff. 7-1-22; 102-360, eff. 1-1-22; 102-445, eff. 8-20-21; | 23 | | 102-522, eff. 8-20-21; 102-558, eff. 8-20-21; 102-676, eff. | 24 | | 12-3-21; 102-697, eff. 4-5-22; 102-702, eff. 7-1-23; 102-805, | 25 | | eff. 1-1-23; 102-813, eff. 5-13-22; revised 12-13-22.) |
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| 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, | 4 | | nonreligious, non-home
based, and non-profit school. A charter | 5 | | school shall be organized and operated
as a nonprofit | 6 | | corporation or other discrete, legal, nonprofit entity
| 7 | | authorized under the laws of the State of Illinois.
| 8 | | (b) A charter school may be established under this Article | 9 | | by creating a new
school or by converting an existing public | 10 | | school or attendance center to
charter
school status.
| 11 | | Beginning on April 16, 2003 (the effective date of Public Act | 12 | | 93-3), in all new
applications to establish
a charter
school | 13 | | in a city having a population exceeding 500,000, operation of | 14 | | the
charter
school shall be limited to one campus. The changes | 15 | | made to this Section by Public Act 93-3 do not apply to charter | 16 | | schools existing or approved on or before April 16, 2003 (the
| 17 | | effective date of Public Act 93-3). | 18 | | (b-5) In this subsection (b-5), "virtual-schooling" means | 19 | | a cyber school where students engage in online curriculum and | 20 | | instruction via the Internet and electronic communication with | 21 | | their teachers at remote locations and with students | 22 | | participating at different times. | 23 | | From April 1, 2013 through December 31, 2016, there is a | 24 | | moratorium on the establishment of charter schools with | 25 | | virtual-schooling components in school districts other than a | 26 | | school district organized under Article 34 of this Code. This |
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| 1 | | moratorium does not apply to a charter school with | 2 | | virtual-schooling components existing or approved prior to | 3 | | April 1, 2013 or to the renewal of the charter of a charter | 4 | | school with virtual-schooling components already approved | 5 | | prior to April 1, 2013.
| 6 | | (c) A charter school shall be administered and governed by | 7 | | its board of
directors or other governing body
in the manner | 8 | | provided in its charter. The governing body of a charter | 9 | | school
shall be subject to the Freedom of Information Act and | 10 | | the Open Meetings Act. No later than January 1, 2021 (one year | 11 | | after the effective date of Public Act 101-291), a charter | 12 | | school's board of directors or other governing body must | 13 | | include at least one parent or guardian of a pupil currently | 14 | | enrolled in the charter school who may be selected through the | 15 | | charter school or a charter network election, appointment by | 16 | | the charter school's board of directors or other governing | 17 | | body, or by the charter school's Parent Teacher Organization | 18 | | or its equivalent. | 19 | | (c-5) No later than January 1, 2021 (one year after the | 20 | | effective date of Public Act 101-291) or within the first year | 21 | | of his or her first term, every voting member of a charter | 22 | | school's board of directors or other governing body shall | 23 | | complete a minimum of 4 hours of professional development | 24 | | leadership training to ensure that each member has sufficient | 25 | | familiarity with the board's or governing body's role and | 26 | | responsibilities, including financial oversight and |
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| 1 | | accountability of the school, evaluating the principal's and | 2 | | school's performance, adherence to the Freedom of Information | 3 | | Act and the Open Meetings Act, and compliance with education | 4 | | and labor law. In each subsequent year of his or her term, a | 5 | | voting member of a charter school's board of directors or | 6 | | other governing body shall complete a minimum of 2 hours of | 7 | | professional development training in these same areas. The | 8 | | training under this subsection may be provided or certified by | 9 | | a statewide charter school membership association or may be | 10 | | provided or certified by other qualified providers approved by | 11 | | the State Board of Education.
| 12 | | (d) For purposes of this subsection (d), "non-curricular | 13 | | health and safety requirement" means any health and safety | 14 | | requirement created by statute or rule to provide, maintain, | 15 | | preserve, or safeguard safe or healthful conditions for | 16 | | students and school personnel or to eliminate, reduce, or | 17 | | prevent threats to the health and safety of students and | 18 | | school personnel. "Non-curricular health and safety | 19 | | requirement" does not include any course of study or | 20 | | specialized instructional requirement for which the State | 21 | | Board has established goals and learning standards or which is | 22 | | designed primarily to impart knowledge and skills for students | 23 | | to master and apply as an outcome of their education. | 24 | | A charter school shall comply with all non-curricular | 25 | | health and safety
requirements applicable to public schools | 26 | | under the laws of the State of
Illinois. On or before September |
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| 1 | | 1, 2015, the State Board shall promulgate and post on its | 2 | | Internet website a list of non-curricular health and safety | 3 | | requirements that a charter school must meet. The list shall | 4 | | be updated annually no later than September 1. Any charter | 5 | | contract between a charter school and its authorizer must | 6 | | contain a provision that requires the charter school to follow | 7 | | the list of all non-curricular health and safety requirements | 8 | | promulgated by the State Board and any non-curricular health | 9 | | and safety requirements added by the State Board to such list | 10 | | during the term of the charter. Nothing in this subsection (d) | 11 | | precludes an authorizer from including non-curricular health | 12 | | and safety requirements in a charter school contract that are | 13 | | not contained in the list promulgated by the State Board, | 14 | | including non-curricular health and safety requirements of the | 15 | | authorizing local school board.
| 16 | | (e) Except as otherwise provided in the School Code, a | 17 | | charter school shall
not charge tuition; provided that a | 18 | | charter school may charge reasonable fees
for textbooks, | 19 | | instructional materials, and student activities.
| 20 | | (f) A charter school shall be responsible for the | 21 | | management and operation
of its fiscal affairs, including,
but | 22 | | not limited to, the preparation of its budget. An audit of each | 23 | | charter
school's finances shall be conducted annually by an | 24 | | outside, independent
contractor retained by the charter | 25 | | school. The contractor shall not be an employee of the charter | 26 | | school or affiliated with the charter school or its authorizer |
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| 1 | | in any way, other than to audit the charter school's finances. | 2 | | To ensure financial accountability for the use of public | 3 | | funds, on or before December 1 of every year of operation, each | 4 | | charter school shall submit to its authorizer and the State | 5 | | Board a copy of its audit and a copy of the Form 990 the | 6 | | charter school filed that year with the federal Internal | 7 | | Revenue Service. In addition, if deemed necessary for proper | 8 | | financial oversight of the charter school, an authorizer may | 9 | | require quarterly financial statements from each charter | 10 | | school.
| 11 | | (g) A charter school shall comply with all provisions of | 12 | | this Article, the Illinois Educational Labor Relations Act, | 13 | | all federal and State laws and rules applicable to public | 14 | | schools that pertain to special education and the instruction | 15 | | of English learners, and
its charter. A charter
school is | 16 | | exempt from all other State laws and regulations in this Code
| 17 | | governing public
schools and local school board policies; | 18 | | however, 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 |
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| 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; |
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| 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 | 17 | | school district, the
governing body of a State college or | 18 | | university or public community college, or
any other public or | 19 | | for-profit or nonprofit private entity for: (i) the use
of a | 20 | | school building and grounds or any other real property or | 21 | | facilities that
the charter school desires to use or convert | 22 | | for use as a charter school site,
(ii) the operation and | 23 | | maintenance thereof, and
(iii) the provision of any service, | 24 | | activity, or undertaking that the charter
school is required | 25 | | to perform in order to carry out the terms of its charter.
| 26 | | However, a charter school
that is established on
or
after |
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| 1 | | April 16, 2003 (the effective date of Public Act 93-3) and that | 2 | | operates
in a city having a population exceeding
500,000 may | 3 | | not contract with a for-profit entity to
manage or operate the | 4 | | school during the period that commences on April 16, 2003 (the
| 5 | | effective date of Public Act 93-3) and
concludes at the end of | 6 | | the 2004-2005 school year.
Except as provided in subsection | 7 | | (i) of this Section, a school district may
charge a charter | 8 | | school reasonable rent for the use of the district's
| 9 | | buildings, grounds, and facilities. Any services for which a | 10 | | charter school
contracts
with a school district shall be | 11 | | provided by the district at cost. Any services
for which a | 12 | | charter school contracts with a local school board or with the
| 13 | | governing body of a State college or university or public | 14 | | community college
shall be provided by the public entity at | 15 | | cost.
| 16 | | (i) In no event shall a charter school that is established | 17 | | by converting an
existing school or attendance center to | 18 | | charter school status be required to
pay rent for space
that is | 19 | | deemed available, as negotiated and provided in the charter | 20 | | agreement,
in school district
facilities. However, all other | 21 | | costs for the operation and maintenance of
school district | 22 | | facilities that are used by the charter school shall be | 23 | | subject
to negotiation between
the charter school and the | 24 | | local school board and shall be set forth in the
charter.
| 25 | | (j) A charter school may limit student enrollment by age | 26 | | or grade level.
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| 1 | | (k) If the charter school is approved by the State Board or | 2 | | Commission, then the charter school is its own local education | 3 | | agency. | 4 | | (Source: P.A. 101-50, eff. 7-1-20; 101-81, eff. 7-12-19; | 5 | | 101-291, eff. 1-1-20; 101-531, eff. 8-23-19; 101-543, eff. | 6 | | 8-23-19; 101-654, eff. 3-8-21; 102-51, eff. 7-9-21; 102-157, | 7 | | eff. 7-1-22; 102-360, eff. 1-1-22; 102-445, eff. 8-20-21; | 8 | | 102-466, eff. 7-1-25; 102-522, eff. 8-20-21; 102-558, eff. | 9 | | 8-20-21; 102-676, eff. 12-3-21; 102-697, eff. 4-5-22; 102-702, | 10 | | eff. 7-1-23; 102-805, eff. 1-1-23; 102-813, eff. 5-13-22; | 11 | | revised 12-13-22.)
| 12 | | (105 ILCS 5/34-18.62)
| 13 | | Sec. 34-18.62. Policies Policy on sexual harassment and | 14 | | discrimination . | 15 | | (a) The school district must create, maintain, and | 16 | | implement an age-appropriate policy on sexual harassment that | 17 | | must be posted on the school district's website and, if | 18 | | applicable, any other area where policies, rules, and | 19 | | standards of conduct are currently posted in each school and | 20 | | must also be included in the school district's student code of | 21 | | conduct handbook.
| 22 | | (b) The school district must create, implement, and | 23 | | maintain an age-appropriate policy on race-related harassment | 24 | | and discrimination. This policy must be in compliance with and | 25 | | distributed in accordance with Section 5A-103 of the Illinois |
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| 1 | | Human 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 | 4 | | changing Sections 1-102, 5A-101, 5A-102, and 6-101 and by | 5 | | adding 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 | 8 | | policy of this State:
| 9 | | (A) Freedom from Unlawful Discrimination. To secure for | 10 | | all individuals
within Illinois the freedom from | 11 | | discrimination against any individual because
of his or her | 12 | | race, color, religion, sex, national origin, ancestry, age, | 13 | | order of protection status,
marital status, physical or mental | 14 | | disability, military
status, sexual orientation, pregnancy, or | 15 | | unfavorable
discharge from military service in connection with | 16 | | employment, real estate
transactions, access to financial | 17 | | credit, and the availability of public
accommodations , | 18 | | including elementary, secondary, and higher education | 19 | | institutions .
| 20 | | (B) Freedom from Sexual Harassment-Employment and | 21 | | Elementary, Secondary, and Higher Education.
To prevent sexual | 22 | | harassment in employment and sexual harassment in
elementary, | 23 | | secondary, and higher education.
| 24 | | (C) Freedom from Discrimination Based on Citizenship |
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| 1 | | Status-Employment.
To prevent discrimination based on | 2 | | citizenship status in employment.
| 3 | | (C-5) Freedom from Discrimination Based on Work | 4 | | Authorization Status-Employment. To prevent discrimination | 5 | | based on the specific status or term of status that | 6 | | accompanies a legal work authorization. | 7 | | (D) Freedom from Discrimination Based on Familial Status | 8 | | or Source of Income-Real Estate
Transactions. To prevent | 9 | | discrimination based on familial status or source of income in | 10 | | real
estate transactions.
| 11 | | (E) Public Health, Welfare and Safety. To promote the | 12 | | public health,
welfare and safety by protecting the interest | 13 | | of all people in Illinois
in maintaining personal dignity, in | 14 | | realizing their full productive
capacities, and in furthering | 15 | | their interests, rights and privileges as
citizens of this | 16 | | State.
| 17 | | (F) Implementation of Constitutional Guarantees. To secure | 18 | | and
guarantee the rights established by Sections 17, 18 and 19 | 19 | | of Article I
of the Illinois Constitution of 1970.
| 20 | | (G) Equal Opportunity, Affirmative Action. To establish | 21 | | Equal
Opportunity and Affirmative Action as the policies of | 22 | | this State in all
of its decisions, programs and activities, | 23 | | and to assure that all State
departments, boards, commissions | 24 | | and instrumentalities rigorously take
affirmative action to | 25 | | provide equality of opportunity and eliminate the
effects of | 26 | | past discrimination in the internal affairs of State
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| 1 | | government and in their relations with the public.
| 2 | | (H) Unfounded Charges. To protect citizens of this State | 3 | | against
unfounded charges of unlawful discrimination, sexual | 4 | | harassment in
employment and sexual harassment in elementary, | 5 | | secondary, and higher education, and discrimination
based on | 6 | | citizenship 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 | 10 | | applicable
strictly in the content of this Article, except | 11 | | that the term "sexual
harassment
in elementary, secondary, and
| 12 | | higher education" as defined herein has the meaning herein | 13 | | ascribed to
it whenever that term is used anywhere in this Act.
| 14 | | (A) Institution of Elementary, Secondary, or Higher | 15 | | Education. "Institution of elementary, secondary, or higher | 16 | | education"
means: (1) a
publicly or privately operated | 17 | | university, college,
community
college, junior college, | 18 | | business or vocational school, or other educational
| 19 | | institution offering degrees and instruction beyond the
| 20 | | secondary
school level; or
(2) a publicly or privately | 21 | | operated elementary school or secondary school.
| 22 | | (B) Degree. "Degree" means: (1) a
designation, | 23 | | appellation,
series of letters
or words or other symbols which | 24 | | signifies or purports to signify that the
recipient thereof | 25 | | has satisfactorily completed an organized academic, business
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| 1 | | or vocational program of study offered beyond the
secondary
| 2 | | school level; or (2) a designation signifying that the | 3 | | recipient has
graduated from an elementary school or secondary | 4 | | school.
| 5 | | (C) Student. "Student" means any individual admitted to or | 6 | | applying for
admission to an institution of elementary, | 7 | | secondary, or higher education, or
enrolled on a full or
part | 8 | | time basis in a course or program of academic, business or | 9 | | vocational
instruction offered by or through an institution of | 10 | | elementary, secondary, or higher education.
| 11 | | (D) Elementary, Secondary, or Higher Education | 12 | | Representative. "Elementary, secondary, or higher education
| 13 | | representative"
means and includes the president, chancellor | 14 | | or other holder of any executive
office on the administrative | 15 | | staff of an institution of higher education,
an administrator | 16 | | of an elementary school or secondary school, a
member of the | 17 | | faculty of an institution of higher education,
including
but | 18 | | not limited to a dean or associate or assistant dean, a | 19 | | professor or
associate or assistant professor, and a full or | 20 | | part time instructor or
visiting professor, including a | 21 | | graduate assistant or other student who
is employed on a | 22 | | temporary basis of less than full time as a teacher or
| 23 | | instructor of any course or program of academic, business or | 24 | | vocational
instruction offered by or through an institution of | 25 | | higher education, and any
teacher, instructor, or other | 26 | | employee of an elementary school or secondary school.
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| 1 | | (E) Sexual Harassment in Elementary, Secondary, and Higher | 2 | | Education. "Sexual harassment in
elementary, secondary, and
| 3 | | higher
education" means any unwelcome sexual advances or | 4 | | requests for sexual favors
made by an elementary, secondary, | 5 | | or
higher
education representative to a student, or any
| 6 | | conduct of
a sexual nature exhibited by
an elementary, | 7 | | secondary, or
higher education representative
toward a
| 8 | | student, when such conduct has the purpose of substantially | 9 | | interfering
with the student's educational performance or | 10 | | creating an intimidating,
hostile or offensive educational | 11 | | environment; or when the elementary, secondary, or higher | 12 | | education
representative either explicitly or implicitly makes | 13 | | the student's submission
to such conduct a term or condition | 14 | | of, or uses the student's submission
to or rejection of such | 15 | | conduct 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 | 18 | | Education. "Harassment in elementary, secondary, or higher | 19 | | education" means any unwelcome conduct on the basis of an | 20 | | individual's actual or perceived race, color, religion, | 21 | | national origin, ancestry, age, sex, marital status, order of | 22 | | protection status, disability, military status, sexual | 23 | | orientation, pregnancy, unfavorable discharge from military | 24 | | service, citizenship status, or work authorization status that | 25 | | has the purpose or effect of substantially interfering with | 26 | | the individual's academic performance or creating an |
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| 1 | | intimidating, hostile, or offensive academic environment. For | 2 | | purposes of this definition, the phrase "academic environment" | 3 | | is not limited to a physical location that an employee is | 4 | | assigned 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, | 8 | | Secondary, and Higher Education. It is a civil
rights | 9 | | violation:
| 10 | | (A) Sexual Harassment-Elementary Elementary , Secondary, or | 11 | | Higher Education Representative. For any elementary, | 12 | | secondary, or higher education representative
to commit or | 13 | | engage in sexual harassment in elementary, secondary, or | 14 | | higher education.
| 15 | | (B) Sexual Harassment-Institution Institution of | 16 | | Elementary, Secondary, or Higher Education. For any | 17 | | institution of elementary, secondary, or higher education
to | 18 | | fail to take remedial action, or to fail to take appropriate | 19 | | disciplinary
action against an elementary, secondary, or | 20 | | higher education representative employed by such institution,
| 21 | | when such institution knows that such elementary, secondary, | 22 | | or higher education representative was
committing or engaging | 23 | | in or committed or engaged
in sexual harassment in elementary, | 24 | | secondary, or higher education.
| 25 | | (C) Harassment-Elementary, Secondary, or Higher Education |
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| 1 | | Representative. For any elementary, secondary, or higher | 2 | | education representative to commit or engage in harassment in | 3 | | elementary, secondary, or higher education. | 4 | | (D) Harassment-Institution of Elementary, Secondary, or | 5 | | Higher Education. For any institution of elementary, | 6 | | secondary, or higher education to fail to take remedial action | 7 | | or to fail to take appropriate disciplinary action against a | 8 | | student or an elementary, secondary, or higher education | 9 | | representative employed by the institution if the institution | 10 | | knows that the student or elementary, secondary, or higher | 11 | | education representative was committing or engaging in or | 12 | | committed or engaged in harassment in elementary, secondary, | 13 | | or 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 | 18 | | tolerance of race-related harassment and discrimination has a | 19 | | detrimental influence in schools, contributing to | 20 | | psychological and physical harm, substance abuse, and poorer | 21 | | academic outcomes for students of color and higher rates of | 22 | | teacher turnover among teachers of color. The General Assembly | 23 | | further finds that incidents of race-related harassment and | 24 | | discrimination have increased significantly, with students of | 25 | | color experiencing, on average, as many as 5 incidents of |
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| 1 | | racism a day. It is the General Assembly's intent that each | 2 | | institution of elementary, secondary, or higher education in | 3 | | this State adopt and actively implement policies to reduce | 4 | | race-related harassment and discrimination; to ensure | 5 | | students, parents or guardians, and employees know how to | 6 | | recognize and report harassment; and to ensure institutions | 7 | | are safe for students, parents or guardians, and employees to | 8 | | report race-related harassment and discrimination without fear | 9 | | of retaliation, loss of status, or loss of opportunities. | 10 | | (b) Each institution of elementary, secondary, or higher | 11 | | education to which this Act applies shall establish, | 12 | | implement, and maintain a continuing race-related | 13 | | discrimination and harassment program that shall include all | 14 | | of 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 | 23 | | procedures to prevent and address race-related discrimination | 24 | | and harassment, institutions of elementary, secondary, or | 25 | | higher 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 | 23 | | discrimination and harassment prevention training program | 24 | | aimed at the prevention of race-related discrimination and | 25 | | harassment in schools. The model program shall be made | 26 | | available to institutions of elementary, secondary, or higher |
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| 1 | | education and to the public online at no cost. This model | 2 | | program shall meet the requirements of paragraph (4) of | 3 | | subsection (b). | 4 | | (e) Each institution of elementary, secondary, or higher | 5 | | education shall annually submit a report to the Department | 6 | | that includes the current policy on race-related | 7 | | discrimination and harassment described in paragraph (1) of | 8 | | subsection (b), the number of reports of race-related | 9 | | discrimination and harassment received in the preceding | 10 | | academic year; the type or types of race-related | 11 | | discrimination and harassment included in each report as | 12 | | described in this Act; and the outcome of each report, | 13 | | including the response taken to address or prevent harassment, | 14 | | if applicable. This annual report may not include any | 15 | | information that personally identifies any individual or group | 16 | | of individuals. The Department shall provide a standard format | 17 | | for reporting to all institutions of elementary, secondary, or | 18 | | higher education, which may be made in combination with the | 19 | | reporting required for public institutions of higher education | 20 | | under paragraph (2) of subsection (a) of Section 9.21 of the | 21 | | Board of Higher Education Act. | 22 | | (f) Upon notification of a failure to establish, | 23 | | implement, or maintain a continuing race-related | 24 | | discrimination and harassment program as set forth in | 25 | | subsection (b), the Department may launch a preliminary | 26 | | investigation. If the Department finds a failure to conform to |
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| 1 | | the requirements of subsection (b), the Department may issue a | 2 | | notice to show cause, giving the institution 30 days to | 3 | | correct the failure to conform. If the failure to conform is | 4 | | not corrected, the Department may initiate a charge of a civil | 5 | | rights violation. | 6 | | (775 ILCS 5/6-101) (from Ch. 68, par. 6-101)
| 7 | | Sec. 6-101. Additional civil rights violations under | 8 | | Articles 2, 4, 5, and 5A. It is a civil rights
violation for a | 9 | | person, 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
| 6 | | harassment", "citizenship status", and "work authorization | 7 | | status" shall have the same meaning as defined in
Section | 8 | | 2-101 of this Act.
| 9 | | (Source: P.A. 102-233, eff. 8-2-21; 102-362, eff. 1-1-22; | 10 | | 102-813, eff. 5-13-22.)
| 11 | | Section 95. No acceleration or delay. Where this Act makes | 12 | | changes in a statute that is represented in this Act by text | 13 | | that is not yet or no longer in effect (for example, a Section | 14 | | represented by multiple versions), the use of that text does | 15 | | not accelerate or delay the taking effect of (i) the changes | 16 | | made by this Act or (ii) provisions derived from any other | 17 | | Public Act.
| 18 | | Section 99. Effective date. This Act takes effect August | 19 | | 1, 2024.
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| 1 | |
INDEX
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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 5/1-102 | from Ch. 68, par. 1-102 | | 8 | | 775 ILCS 5/5A-101 | from Ch. 68, par. 5A-101 | | 9 | | 775 ILCS 5/5A-102 | from Ch. 68, par. 5A-102 | | 10 | | 775 ILCS 5/5A-103 new | | | 11 | | 775 ILCS 5/6-101 | from Ch. 68, par. 6-101 |
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