Full Text of SB0090 103rd General Assembly
SB0090sam003 103RD GENERAL ASSEMBLY | Sen. Laura M. Murphy Filed: 5/9/2023
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| 1 | | AMENDMENT TO SENATE BILL 90
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 90, AS AMENDED, by | 3 | | replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 1. This Act may be referred to as the Racism-Free | 6 | | Schools Law. | 7 | | Section 5. The Freedom of Information Act is amended by | 8 | | changing Section 7.5 as follows:
| 9 | | (5 ILCS 140/7.5)
| 10 | | Sec. 7.5. Statutory exemptions. To the extent provided for | 11 | | by the statutes referenced below, the following shall be | 12 | | exempt from inspection and copying: | 13 | | (a) All information determined to be confidential | 14 | | under Section 4002 of the Technology Advancement and | 15 | | Development Act. |
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| 1 | | (b) Library circulation and order records identifying | 2 | | library users with specific materials under the Library | 3 | | Records Confidentiality Act. | 4 | | (c) Applications, related documents, and medical | 5 | | records received by the Experimental Organ Transplantation | 6 | | Procedures Board and any and all documents or other | 7 | | records prepared by the Experimental Organ Transplantation | 8 | | Procedures Board or its staff relating to applications it | 9 | | has received. | 10 | | (d) Information and records held by the Department of | 11 | | Public Health and its authorized representatives relating | 12 | | to known or suspected cases of sexually transmissible | 13 | | disease or any information the disclosure of which is | 14 | | restricted under the Illinois Sexually Transmissible | 15 | | Disease Control Act. | 16 | | (e) Information the disclosure of which is exempted | 17 | | under Section 30 of the Radon Industry Licensing Act. | 18 | | (f) Firm performance evaluations under Section 55 of | 19 | | the Architectural, Engineering, and Land Surveying | 20 | | Qualifications Based Selection Act. | 21 | | (g) Information the disclosure of which is restricted | 22 | | and exempted under Section 50 of the Illinois Prepaid | 23 | | Tuition Act. | 24 | | (h) Information the disclosure of which is exempted | 25 | | under the State Officials and Employees Ethics Act, and | 26 | | records of any lawfully created State or local inspector |
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| 1 | | general's office that would be exempt if created or | 2 | | obtained by an Executive Inspector General's office under | 3 | | that Act. | 4 | | (i) Information contained in a local emergency energy | 5 | | plan submitted to a municipality in accordance with a | 6 | | local emergency energy plan ordinance that is adopted | 7 | | under Section 11-21.5-5 of the Illinois Municipal Code. | 8 | | (j) Information and data concerning the distribution | 9 | | of surcharge moneys collected and remitted by carriers | 10 | | under the Emergency Telephone System Act. | 11 | | (k) Law enforcement officer identification information | 12 | | or driver identification information compiled by a law | 13 | | enforcement agency or the Department of Transportation | 14 | | under Section 11-212 of the Illinois Vehicle Code. | 15 | | (l) Records and information provided to a residential | 16 | | health care facility resident sexual assault and death | 17 | | review team or the Executive Council under the Abuse | 18 | | Prevention Review Team Act. | 19 | | (m) Information provided to the predatory lending | 20 | | database created pursuant to Article 3 of the Residential | 21 | | Real Property Disclosure Act, except to the extent | 22 | | authorized under that Article. | 23 | | (n) Defense budgets and petitions for certification of | 24 | | compensation and expenses for court appointed trial | 25 | | counsel as provided under Sections 10 and 15 of the | 26 | | Capital Crimes Litigation Act. This subsection (n) shall |
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| 1 | | apply until the conclusion of the trial of the case, even | 2 | | if the prosecution chooses not to pursue the death penalty | 3 | | prior to trial or sentencing. | 4 | | (o) Information that is prohibited from being | 5 | | disclosed under Section 4 of the Illinois Health and | 6 | | Hazardous Substances Registry Act. | 7 | | (p) Security portions of system safety program plans, | 8 | | investigation reports, surveys, schedules, lists, data, or | 9 | | information compiled, collected, or prepared by or for the | 10 | | Department of Transportation under Sections 2705-300 and | 11 | | 2705-616 of the Department of Transportation Law of the | 12 | | Civil Administrative Code of Illinois, the Regional | 13 | | Transportation Authority under Section 2.11 of the | 14 | | Regional Transportation Authority Act, or the St. Clair | 15 | | County Transit District under the Bi-State Transit Safety | 16 | | Act. | 17 | | (q) Information prohibited from being disclosed by the | 18 | | Personnel Record Review Act. | 19 | | (r) Information prohibited from being disclosed by the | 20 | | Illinois School Student Records Act. | 21 | | (s) Information the disclosure of which is restricted | 22 | | under Section 5-108 of the Public Utilities Act.
| 23 | | (t) All identified or deidentified health information | 24 | | in the form of health data or medical records contained | 25 | | in, stored in, submitted to, transferred by, or released | 26 | | from the Illinois Health Information Exchange, and |
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| 1 | | identified or deidentified health information in the form | 2 | | of health data and medical records of the Illinois Health | 3 | | Information Exchange in the possession of the Illinois | 4 | | Health Information Exchange Office due to its | 5 | | administration of the Illinois Health Information | 6 | | Exchange. The terms "identified" and "deidentified" shall | 7 | | be given the same meaning as in the Health Insurance | 8 | | Portability and Accountability Act of 1996, Public Law | 9 | | 104-191, or any subsequent amendments thereto, and any | 10 | | regulations promulgated thereunder. | 11 | | (u) Records and information provided to an independent | 12 | | team of experts under the Developmental Disability and | 13 | | Mental Health Safety Act (also known as Brian's Law). | 14 | | (v) Names and information of people who have applied | 15 | | for or received Firearm Owner's Identification Cards under | 16 | | the Firearm Owners Identification Card Act or applied for | 17 | | or received a concealed carry license under the Firearm | 18 | | Concealed Carry Act, unless otherwise authorized by the | 19 | | Firearm Concealed Carry Act; and databases under the | 20 | | Firearm Concealed Carry Act, records of the Concealed | 21 | | Carry Licensing Review Board under the Firearm Concealed | 22 | | Carry Act, and law enforcement agency objections under the | 23 | | Firearm Concealed Carry Act. | 24 | | (v-5) Records of the Firearm Owner's Identification | 25 | | Card Review Board that are exempted from disclosure under | 26 | | Section 10 of the Firearm Owners Identification Card Act. |
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| 1 | | (w) Personally identifiable information which is | 2 | | exempted from disclosure under subsection (g) of Section | 3 | | 19.1 of the Toll Highway Act. | 4 | | (x) Information which is exempted from disclosure | 5 | | under Section 5-1014.3 of the Counties Code or Section | 6 | | 8-11-21 of the Illinois Municipal Code. | 7 | | (y) Confidential information under the Adult | 8 | | Protective Services Act and its predecessor enabling | 9 | | statute, the Elder Abuse and Neglect Act, including | 10 | | information about the identity and administrative finding | 11 | | against any caregiver of a verified and substantiated | 12 | | decision of abuse, neglect, or financial exploitation of | 13 | | an eligible adult maintained in the Registry established | 14 | | under Section 7.5 of the Adult Protective Services Act. | 15 | | (z) Records and information provided to a fatality | 16 | | review team or the Illinois Fatality Review Team Advisory | 17 | | Council under Section 15 of the Adult Protective Services | 18 | | Act. | 19 | | (aa) Information which is exempted from disclosure | 20 | | under Section 2.37 of the Wildlife Code. | 21 | | (bb) Information which is or was prohibited from | 22 | | disclosure by the Juvenile Court Act of 1987. | 23 | | (cc) Recordings made under the Law Enforcement | 24 | | Officer-Worn Body Camera Act, except to the extent | 25 | | authorized under that Act. | 26 | | (dd) Information that is prohibited from being |
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| 1 | | disclosed under Section 45 of the Condominium and Common | 2 | | Interest Community Ombudsperson Act. | 3 | | (ee) Information that is exempted from disclosure | 4 | | under Section 30.1 of the Pharmacy Practice Act. | 5 | | (ff) Information that is exempted from disclosure | 6 | | under the Revised Uniform Unclaimed Property Act. | 7 | | (gg) Information that is prohibited from being | 8 | | disclosed under Section 7-603.5 of the Illinois Vehicle | 9 | | Code. | 10 | | (hh) Records that are exempt from disclosure under | 11 | | Section 1A-16.7 of the Election Code. | 12 | | (ii) Information which is exempted from disclosure | 13 | | under Section 2505-800 of the Department of Revenue Law of | 14 | | the Civil Administrative Code of Illinois. | 15 | | (jj) Information and reports that are required to be | 16 | | submitted to the Department of Labor by registering day | 17 | | and temporary labor service agencies but are exempt from | 18 | | disclosure under subsection (a-1) of Section 45 of the Day | 19 | | and Temporary Labor Services Act. | 20 | | (kk) Information prohibited from disclosure under the | 21 | | Seizure and Forfeiture Reporting Act. | 22 | | (ll) Information the disclosure of which is restricted | 23 | | and exempted under Section 5-30.8 of the Illinois Public | 24 | | Aid Code. | 25 | | (mm) Records that are exempt from disclosure under | 26 | | Section 4.2 of the Crime Victims Compensation Act. |
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| 1 | | (nn) Information that is exempt from disclosure under | 2 | | Section 70 of the Higher Education Student Assistance Act. | 3 | | (oo) Communications, notes, records, and reports | 4 | | arising out of a peer support counseling session | 5 | | prohibited from disclosure under the First Responders | 6 | | Suicide Prevention Act. | 7 | | (pp) Names and all identifying information relating to | 8 | | an employee of an emergency services provider or law | 9 | | enforcement agency under the First Responders Suicide | 10 | | Prevention Act. | 11 | | (qq) Information and records held by the Department of | 12 | | Public Health and its authorized representatives collected | 13 | | under the Reproductive Health Act. | 14 | | (rr) Information that is exempt from disclosure under | 15 | | the Cannabis Regulation and Tax Act. | 16 | | (ss) Data reported by an employer to the Department of | 17 | | Human Rights pursuant to Section 2-108 of the Illinois | 18 | | Human Rights Act. | 19 | | (tt) Recordings made under the Children's Advocacy | 20 | | Center Act, except to the extent authorized under that | 21 | | Act. | 22 | | (uu) Information that is exempt from disclosure under | 23 | | Section 50 of the Sexual Assault Evidence Submission Act. | 24 | | (vv) Information that is exempt from disclosure under | 25 | | subsections (f) and (j) of Section 5-36 of the Illinois | 26 | | Public Aid Code. |
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| 1 | | (ww) Information that is exempt from disclosure under | 2 | | Section 16.8 of the State Treasurer Act. | 3 | | (xx) Information that is exempt from disclosure or | 4 | | information that shall not be made public under the | 5 | | Illinois Insurance Code. | 6 | | (yy) Information prohibited from being disclosed under | 7 | | the Illinois Educational Labor Relations Act. | 8 | | (zz) Information prohibited from being disclosed under | 9 | | the Illinois Public Labor Relations Act. | 10 | | (aaa) Information prohibited from being disclosed | 11 | | under Section 1-167 of the Illinois Pension Code. | 12 | | (bbb) Information that is prohibited from disclosure | 13 | | by the Illinois Police Training Act and the Illinois State | 14 | | Police Act. | 15 | | (ccc) Records exempt from disclosure under Section
| 16 | | 2605-304 of the Illinois State Police Law of the Civil
| 17 | | Administrative Code of Illinois. | 18 | | (ddd) Information prohibited from being disclosed | 19 | | under Section 35 of the Address Confidentiality for | 20 | | Victims of Domestic Violence, Sexual Assault, Human | 21 | | Trafficking, or Stalking Act. | 22 | | (eee) Information prohibited from being disclosed | 23 | | under subsection (b) of Section 75 of the Domestic | 24 | | Violence Fatality Review Act. | 25 | | (fff) Images from cameras under the Expressway Camera | 26 | | Act. This subsection (fff) is inoperative on and after |
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| 1 | | July 1, 2023. | 2 | | (ggg) Information prohibited from disclosure under | 3 | | paragraph (3) of subsection (a) of Section 14 of the Nurse | 4 | | Agency Licensing Act. | 5 | | (hhh) Information submitted to the Illinois Department | 6 | | of State Police in an affidavit or application for an | 7 | | assault weapon endorsement, assault weapon attachment | 8 | | endorsement, .50 caliber rifle endorsement, or .50 caliber | 9 | | cartridge endorsement under the Firearm Owners | 10 | | Identification Card Act. | 11 | | (iii) Data exempt from disclosure under Section | 12 | | 2-3.196 of the School Code. | 13 | | (Source: P.A. 101-13, eff. 6-12-19; 101-27, eff. 6-25-19; | 14 | | 101-81, eff. 7-12-19; 101-221, eff. 1-1-20; 101-236, eff. | 15 | | 1-1-20; 101-375, eff. 8-16-19; 101-377, eff. 8-16-19; 101-452, | 16 | | eff. 1-1-20; 101-466, eff. 1-1-20; 101-600, eff. 12-6-19; | 17 | | 101-620, eff 12-20-19; 101-649, eff. 7-7-20; 101-652, eff. | 18 | | 1-1-22; 101-656, eff. 3-23-21; 102-36, eff. 6-25-21; 102-237, | 19 | | eff. 1-1-22; 102-292, eff. 1-1-22; 102-520, eff. 8-20-21; | 20 | | 102-559, eff. 8-20-21; 102-813, eff. 5-13-22; 102-946, eff. | 21 | | 7-1-22; 102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; revised | 22 | | 2-13-23.) | 23 | | Section 10. The School Code is amended by adding Sections | 24 | | 2-3.196 and 22-95 and by changing Sections 27A-5 and 34-18.62 | 25 | | as follows: |
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| 1 | | (105 ILCS 5/2-3.196 new) | 2 | | Sec. 2-3.196. Discrimination, harassment, and retaliation | 3 | | reporting. | 4 | | (a) The requirements of this Section are subject to | 5 | | appropriation. | 6 | | (b) The State Board of Education shall build data | 7 | | collection systems to allow the collection of data on reported | 8 | | allegations of the conduct described in paragraph (1). | 9 | | Beginning on August 1 of the year after the systems are | 10 | | implemented and for each reporting school year beginning on | 11 | | August 1 and ending on July 31 thereafter, each school | 12 | | district, charter school, and nonpublic, nonsectarian | 13 | | elementary or secondary school shall disclose to the State | 14 | | Board of Education all of the following information: | 15 | | (1) The total number of reported allegations of | 16 | | discrimination, harassment, or retaliation against | 17 | | students received by each school district, charter school, | 18 | | or nonpublic, nonsectarian elementary or secondary school | 19 | | during the reporting school year, defined as August 1 to | 20 | | July 31, in each of the following categories: | 21 | | (A) sexual harassment; | 22 | | (B) discrimination or harassment on the basis of | 23 | | race, color, or national origin; | 24 | | (C) discrimination or harassment on the basis of | 25 | | sex; |
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| 1 | | (D) discrimination or harassment on the basis of | 2 | | religion; | 3 | | (E) discrimination or harassment on the basis of | 4 | | disability; and | 5 | | (F) retaliation. | 6 | | (2) The status of allegations, as of the last day of | 7 | | the reporting period, in each category under paragraph | 8 | | (1). | 9 | | Allegations shall be reported as unfounded, founded, | 10 | | or investigation pending by the school district, charter | 11 | | school, or nonpublic, nonsectarian elementary or secondary | 12 | | school. | 13 | | (c) A school district, charter school, or nonpublic, | 14 | | nonsectarian elementary or secondary school may not include in | 15 | | any disclosures required under this Section any information by | 16 | | which an individual may be personally identified, including | 17 | | the name of the victim or victims or those accused of an act of | 18 | | alleged discrimination, harassment, or retaliation. | 19 | | (d) If a school district, charter school, or nonpublic, | 20 | | nonsectarian elementary or secondary school fails to disclose | 21 | | the information required in subsection (b) of this Section by | 22 | | July 31 of the reporting school year, the State Board of | 23 | | Education shall provide a written request for disclosure to | 24 | | the school district, charter school, or nonpublic, | 25 | | nonsectarian elementary or secondary school, thereby providing | 26 | | the period of time in which the required information must be |
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| 1 | | disclosed. If a school district, charter school, or nonpublic, | 2 | | nonsectarian elementary or secondary school fails to disclose | 3 | | the information within 14 days after receipt of that written | 4 | | request, the State Board of Education may petition the | 5 | | Department of Human Rights to initiate a charge of a civil | 6 | | rights violation pursuant to Section 5A-102 of the Illinois | 7 | | Human Rights Act. | 8 | | (e) The State Board of Education shall publish an annual | 9 | | report aggregating the information reported by school | 10 | | districts, charter schools, and nonpublic, nonsectarian | 11 | | elementary or secondary schools under subsection (b) of this | 12 | | Section. Data included in the report shall not be publicly | 13 | | attributed to any individual school district, charter school, | 14 | | or nonpublic, nonsectarian elementary or secondary school. The | 15 | | report shall include the number of incidents reported between | 16 | | August 1 and July 31 of the preceding reporting school year, | 17 | | based on each of the categories identified under paragraph (1) | 18 | | of this subsection (b). | 19 | | The annual report shall be filed with the Department of | 20 | | Human Rights and the General Assembly and made available to | 21 | | the public by July 1 of the year following the reporting school | 22 | | year. Data submitted by a school district, charter school, or | 23 | | nonpublic, nonsectarian elementary or secondary school to | 24 | | comply with this Section is confidential and exempt from the | 25 | | Freedom of Information Act. | 26 | | (f) The State Board of Education may adopt any rules |
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| 1 | | deemed necessary for implementation of this Section. | 2 | | (g) This Section is repealed on July 1, 2029. | 3 | | (105 ILCS 5/22-95 new) | 4 | | Sec. 22-95. Policy on discrimination, harassment, and | 5 | | retaliation; response procedures. | 6 | | (a) As used in this Section, "policy" means either the use | 7 | | of a singular policy or multiple policies. | 8 | | (b) Each school district, charter school, or nonpublic, | 9 | | nonsectarian elementary or secondary school must create, | 10 | | implement, and maintain at least one written policy that | 11 | | prohibits discrimination and harassment based on race, color, | 12 | | or national origin and prohibits retaliation. The policy may | 13 | | be included as part of a broader anti-harassment or | 14 | | anti-discrimination policy, provided that the policy | 15 | | prohibiting discrimination and harassment based on race, | 16 | | color, or national origin and retaliation shall be | 17 | | distinguished with an appropriate title, heading, or label. | 18 | | This policy must comply with and be distributed in accordance | 19 | | with all of the following: | 20 | | (1) The policy must be in writing and must include at a | 21 | | minimum, the following information: | 22 | | (A) descriptions of various forms of | 23 | | discrimination and harassment based on race, color, or | 24 | | national origin, including examples; | 25 | | (B) the school district's, charter school's, or |
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| 1 | | nonpublic, nonsectarian elementary or secondary | 2 | | school's internal process for filing a complaint | 3 | | regarding a violation of the policy described in this | 4 | | subsection, or a reference to that process if | 5 | | described elsewhere in policy; | 6 | | (C) an overview of the school district's, charter | 7 | | school's, or nonpublic, nonsectarian elementary or | 8 | | secondary school's prevention and response program | 9 | | pursuant to subsection (c); | 10 | | (D) potential remedies for a violation of the | 11 | | policy described in this subsection; | 12 | | (E) a prohibition on retaliation for making a | 13 | | complaint or participating in the complaint process; | 14 | | (F) the legal recourse available through the | 15 | | Department of Human Rights and through federal | 16 | | agencies if a school district, charter school, or | 17 | | nonpublic, nonsectarian elementary or secondary school | 18 | | fails to take corrective action, or a reference to | 19 | | that process if described elsewhere in policy; and | 20 | | (G) directions on how to contact the Department of | 21 | | Human Rights or a reference to those directions if | 22 | | described elsewhere in the policy. | 23 | | The policy shall make clear that the policy does not | 24 | | impair or otherwise diminish the rights of unionized | 25 | | employees under federal law, State law, or a collective | 26 | | bargaining agreement to request an exclusive bargaining |
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| 1 | | representative to be present during investigator | 2 | | interviews, nor does the policy diminish any rights | 3 | | available under the applicable negotiated collective | 4 | | bargaining agreement, including, but not limited to, the | 5 | | grievance procedure. | 6 | | (2) The policy described in this subsection shall be | 7 | | posted in a prominent and accessible location and | 8 | | distributed in such a manner as to ensure notice of the | 9 | | policy to all employees. If the school district, charter | 10 | | school, or nonpublic, nonsectarian elementary or secondary | 11 | | school maintains an Internet website or has an employee | 12 | | Intranet, the website or Intranet shall be considered a | 13 | | prominent and accessible location for the purpose of this | 14 | | paragraph (2). Posting and distribution shall be | 15 | | effectuated by the beginning of the 2024-2025 school year | 16 | | and shall occur annually thereafter. | 17 | | (3) The policy described in this subsection shall be | 18 | | published on the school district's, charter school's, or | 19 | | nonpublic, nonsectarian elementary or secondary school's | 20 | | Internet website, if one exists, and in a student | 21 | | handbook, if one exists. A summary of the policy in | 22 | | accessible, age-appropriate language shall be distributed | 23 | | annually to students and to the parents or guardians of | 24 | | minor students. School districts, charter schools, and | 25 | | nonpublic, nonsectarian elementary or secondary schools | 26 | | shall provide a summary of the policy in the parent or |
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| 1 | | guardian's native language. For the annual distribution of | 2 | | the summary, inclusion of the summary in a student | 3 | | handbook is deemed compliant. | 4 | | (c) Each school district, charter school, and nonpublic, | 5 | | nonsectarian elementary or secondary school must establish | 6 | | procedures for responding to complaints of discrimination and | 7 | | harassment based on race, color, or national origin and | 8 | | retaliation. These procedures must comply with subsection (b) | 9 | | of this Section. Based on these procedures, school districts, | 10 | | charter schools, and nonpublic, nonsectarian elementary or | 11 | | secondary schools: | 12 | | (1) shall reduce or remove, to the extent practicable, | 13 | | barriers to reporting discrimination, harassment, and | 14 | | retaliation; | 15 | | (2) shall permit any person who reports or is the | 16 | | victim of an incident of alleged discrimination, | 17 | | harassment, or retaliation to be accompanied when making a | 18 | | report by a support individual of the person's choice who | 19 | | complies with the school district's, charter school's, or | 20 | | nonpublic, nonsectarian elementary or secondary school's | 21 | | policies or rules; | 22 | | (3) shall permit anonymous reporting, except that this | 23 | | paragraph (3) may not be construed to permit formal | 24 | | disciplinary action solely on the basis of an anonymous | 25 | | report; | 26 | | (4) shall offer remedial interventions or take such |
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| 1 | | disciplinary action as may be appropriate on a | 2 | | case-by-case basis; | 3 | | (5) may offer, but not require or unduly influence, a | 4 | | person who reports or is the victim of an incident of | 5 | | discrimination, harassment, or retaliation the option to | 6 | | resolve allegations directly with the offender; and | 7 | | (6) may not cause a person who reports or is the victim | 8 | | of an incident of discrimination, harassment, or | 9 | | retaliation to suffer adverse consequences as a result of | 10 | | a report of, an investigation of, or a response to the | 11 | | incident; this protection may not permit victims to engage | 12 | | in retaliation against the offender or limit a school | 13 | | district, charter school, or nonpublic, nonsectarian | 14 | | elementary or secondary school from applying disciplinary | 15 | | measures in response to other acts or conduct not related | 16 | | to the process of reporting, investigating, or responding | 17 | | to a report of an incident of discrimination, harassment, | 18 | | or retaliation.
| 19 | | (105 ILCS 5/27A-5)
| 20 | | (Text of Section before amendment by P.A. 102-466 and | 21 | | 102-702 ) | 22 | | Sec. 27A-5. Charter school; legal entity; requirements.
| 23 | | (a) A charter school shall be a public, nonsectarian, | 24 | | nonreligious, non-home
based, and non-profit school. A charter | 25 | | school shall be organized and operated
as a nonprofit |
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| 1 | | corporation or other discrete, legal, nonprofit entity
| 2 | | authorized under the laws of the State of Illinois.
| 3 | | (b) A charter school may be established under this Article | 4 | | by creating a new
school or by converting an existing public | 5 | | school or attendance center to
charter
school status.
| 6 | | Beginning on April 16, 2003 (the effective date of Public Act | 7 | | 93-3), in all new
applications to establish
a charter
school | 8 | | in a city having a population exceeding 500,000, operation of | 9 | | the
charter
school shall be limited to one campus. The changes | 10 | | made to this Section by Public Act 93-3 do not apply to charter | 11 | | schools existing or approved on or before April 16, 2003 (the
| 12 | | effective date of Public Act 93-3). | 13 | | (b-5) In this subsection (b-5), "virtual-schooling" means | 14 | | a cyber school where students engage in online curriculum and | 15 | | instruction via the Internet and electronic communication with | 16 | | their teachers at remote locations and with students | 17 | | participating at different times. | 18 | | From April 1, 2013 through December 31, 2016, there is a | 19 | | moratorium on the establishment of charter schools with | 20 | | virtual-schooling components in school districts other than a | 21 | | school district organized under Article 34 of this Code. This | 22 | | moratorium does not apply to a charter school with | 23 | | virtual-schooling components existing or approved prior to | 24 | | April 1, 2013 or to the renewal of the charter of a charter | 25 | | school with virtual-schooling components already approved | 26 | | prior to April 1, 2013.
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| 1 | | (c) A charter school shall be administered and governed by | 2 | | its board of
directors or other governing body
in the manner | 3 | | provided in its charter. The governing body of a charter | 4 | | school
shall be subject to the Freedom of Information Act and | 5 | | the Open Meetings Act. No later than January 1, 2021 (one year | 6 | | after the effective date of Public Act 101-291), a charter | 7 | | school's board of directors or other governing body must | 8 | | include at least one parent or guardian of a pupil currently | 9 | | enrolled in the charter school who may be selected through the | 10 | | charter school or a charter network election, appointment by | 11 | | the charter school's board of directors or other governing | 12 | | body, or by the charter school's Parent Teacher Organization | 13 | | or its equivalent. | 14 | | (c-5) No later than January 1, 2021 (one year after the | 15 | | effective date of Public Act 101-291) or within the first year | 16 | | of his or her first term, every voting member of a charter | 17 | | school's board of directors or other governing body shall | 18 | | complete a minimum of 4 hours of professional development | 19 | | leadership training to ensure that each member has sufficient | 20 | | familiarity with the board's or governing body's role and | 21 | | responsibilities, including financial oversight and | 22 | | accountability of the school, evaluating the principal's and | 23 | | school's performance, adherence to the Freedom of Information | 24 | | Act and the Open Meetings Act, and compliance with education | 25 | | and labor law. In each subsequent year of his or her term, a | 26 | | voting member of a charter school's board of directors or |
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| 1 | | other governing body shall complete a minimum of 2 hours of | 2 | | professional development training in these same areas. The | 3 | | training under this subsection may be provided or certified by | 4 | | a statewide charter school membership association or may be | 5 | | provided or certified by other qualified providers approved by | 6 | | the State Board of Education.
| 7 | | (d) For purposes of this subsection (d), "non-curricular | 8 | | health and safety requirement" means any health and safety | 9 | | requirement created by statute or rule to provide, maintain, | 10 | | preserve, or safeguard safe or healthful conditions for | 11 | | students and school personnel or to eliminate, reduce, or | 12 | | prevent threats to the health and safety of students and | 13 | | school personnel. "Non-curricular health and safety | 14 | | requirement" does not include any course of study or | 15 | | specialized instructional requirement for which the State | 16 | | Board has established goals and learning standards or which is | 17 | | designed primarily to impart knowledge and skills for students | 18 | | to master and apply as an outcome of their education. | 19 | | A charter school shall comply with all non-curricular | 20 | | health and safety
requirements applicable to public schools | 21 | | under the laws of the State of
Illinois. On or before September | 22 | | 1, 2015, the State Board shall promulgate and post on its | 23 | | Internet website a list of non-curricular health and safety | 24 | | requirements that a charter school must meet. The list shall | 25 | | be updated annually no later than September 1. Any charter | 26 | | contract between a charter school and its authorizer must |
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| 1 | | contain a provision that requires the charter school to follow | 2 | | the list of all non-curricular health and safety requirements | 3 | | promulgated by the State Board and any non-curricular health | 4 | | and safety requirements added by the State Board to such list | 5 | | during the term of the charter. Nothing in this subsection (d) | 6 | | precludes an authorizer from including non-curricular health | 7 | | and safety requirements in a charter school contract that are | 8 | | not contained in the list promulgated by the State Board, | 9 | | including non-curricular health and safety requirements of the | 10 | | authorizing local school board.
| 11 | | (e) Except as otherwise provided in the School Code, a | 12 | | charter school shall
not charge tuition; provided that a | 13 | | charter school may charge reasonable fees
for textbooks, | 14 | | instructional materials, and student activities.
| 15 | | (f) A charter school shall be responsible for the | 16 | | management and operation
of its fiscal affairs, including,
but | 17 | | not limited to, the preparation of its budget. An audit of each | 18 | | charter
school's finances shall be conducted annually by an | 19 | | outside, independent
contractor retained by the charter | 20 | | school. The contractor shall not be an employee of the charter | 21 | | school or affiliated with the charter school or its authorizer | 22 | | in any way, other than to audit the charter school's finances. | 23 | | To ensure financial accountability for the use of public | 24 | | funds, on or before December 1 of every year of operation, each | 25 | | charter school shall submit to its authorizer and the State | 26 | | Board a copy of its audit and a copy of the Form 990 the |
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| 1 | | charter school filed that year with the federal Internal | 2 | | Revenue Service. In addition, if deemed necessary for proper | 3 | | financial oversight of the charter school, an authorizer may | 4 | | require quarterly financial statements from each charter | 5 | | school.
| 6 | | (g) A charter school shall comply with all provisions of | 7 | | this Article, the Illinois Educational Labor Relations Act, | 8 | | all federal and State laws and rules applicable to public | 9 | | schools that pertain to special education and the instruction | 10 | | of English learners, and
its charter. A charter
school is | 11 | | exempt from all other State laws and regulations in this Code
| 12 | | governing public
schools and local school board policies; | 13 | | however, a charter school is not exempt from the following:
| 14 | | (1) Sections 10-21.9 and 34-18.5 of this Code | 15 | | regarding criminal
history records checks and checks of | 16 | | the Statewide Sex Offender Database and Statewide Murderer | 17 | | and Violent Offender Against Youth Database of applicants | 18 | | for employment;
| 19 | | (2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and | 20 | | 34-84a of this Code regarding discipline of
students;
| 21 | | (3) the Local Governmental and Governmental Employees | 22 | | Tort Immunity Act;
| 23 | | (4) Section 108.75 of the General Not For Profit | 24 | | Corporation Act of 1986
regarding indemnification of | 25 | | officers, directors, employees, and agents;
| 26 | | (5) the Abused and Neglected Child Reporting Act;
|
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| 1 | | (5.5) subsection (b) of Section 10-23.12 and | 2 | | subsection (b) of Section 34-18.6 of this Code; | 3 | | (6) the Illinois School Student Records Act;
| 4 | | (7) Section 10-17a of this Code regarding school | 5 | | report cards;
| 6 | | (8) the P-20 Longitudinal Education Data System Act; | 7 | | (9) Section 27-23.7 of this Code regarding bullying | 8 | | prevention; | 9 | | (10) Section 2-3.162 of this Code regarding student | 10 | | discipline reporting; | 11 | | (11) Sections 22-80 and 27-8.1 of this Code; | 12 | | (12) Sections 10-20.60 and 34-18.53 of this Code; | 13 | | (13) Sections 10-20.63 and 34-18.56 of this Code; | 14 | | (14) Sections 22-90 and 26-18 of this Code; | 15 | | (15) Section 22-30 of this Code; | 16 | | (16) Sections 24-12 and 34-85 of this Code; | 17 | | (17) the Seizure Smart School Act; | 18 | | (18) Section 2-3.64a-10 of this Code; | 19 | | (19) Sections 10-20.73 and 34-21.9 of this Code; | 20 | | (20) Section 10-22.25b of this Code; | 21 | | (21) Section 27-9.1a of this Code; | 22 | | (22) Section 27-9.1b of this Code; | 23 | | (23) Section 34-18.8 of this Code; | 24 | | (25) Section 2-3.188 of this Code; | 25 | | (26) Section 22-85.5 of this Code; | 26 | | (27) subsections Subsections (d-10), (d-15), and |
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| 1 | | (d-20) of Section 10-20.56 of this Code; and | 2 | | (28) Sections 10-20.83 and 34-18.78 of this Code ; . | 3 | | (29) (27) Section 10-20.13 of this Code; | 4 | | (30) (28) Section 28-19.2 of this Code; and | 5 | | (31) (29) Section 34-21.6 of this Code ; . | 6 | | (33) Section 2-3.196 of this Code; | 7 | | (34) Section 22-95 of this Code; | 8 | | (35) Section 34-18.62 of this Code; and | 9 | | (36) the Illinois Human Rights Act. | 10 | | The change made by Public Act 96-104 to this subsection | 11 | | (g) is declaratory of existing law. | 12 | | (h) A charter school may negotiate and contract with a | 13 | | school district, the
governing body of a State college or | 14 | | university or public community college, or
any other public or | 15 | | for-profit or nonprofit private entity for: (i) the use
of a | 16 | | school building and grounds or any other real property or | 17 | | facilities that
the charter school desires to use or convert | 18 | | for use as a charter school site,
(ii) the operation and | 19 | | maintenance thereof, and
(iii) the provision of any service, | 20 | | activity, or undertaking that the charter
school is required | 21 | | to perform in order to carry out the terms of its charter.
| 22 | | However, a charter school
that is established on
or
after | 23 | | April 16, 2003 (the effective date of Public Act 93-3) and that | 24 | | operates
in a city having a population exceeding
500,000 may | 25 | | not contract with a for-profit entity to
manage or operate the | 26 | | school during the period that commences on April 16, 2003 (the
|
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| 1 | | effective date of Public Act 93-3) and
concludes at the end of | 2 | | the 2004-2005 school year.
Except as provided in subsection | 3 | | (i) of this Section, a school district may
charge a charter | 4 | | school reasonable rent for the use of the district's
| 5 | | buildings, grounds, and facilities. Any services for which a | 6 | | charter school
contracts
with a school district shall be | 7 | | provided by the district at cost. Any services
for which a | 8 | | charter school contracts with a local school board or with the
| 9 | | governing body of a State college or university or public | 10 | | community college
shall be provided by the public entity at | 11 | | cost.
| 12 | | (i) In no event shall a charter school that is established | 13 | | by converting an
existing school or attendance center to | 14 | | charter school status be required to
pay rent for space
that is | 15 | | deemed available, as negotiated and provided in the charter | 16 | | agreement,
in school district
facilities. However, all other | 17 | | costs for the operation and maintenance of
school district | 18 | | facilities that are used by the charter school shall be | 19 | | subject
to negotiation between
the charter school and the | 20 | | local school board and shall be set forth in the
charter.
| 21 | | (j) A charter school may limit student enrollment by age | 22 | | or grade level.
| 23 | | (k) If the charter school is approved by the State Board or | 24 | | Commission, then the charter school is its own local education | 25 | | agency. | 26 | | (Source: P.A. 101-50, eff. 7-1-20; 101-81, eff. 7-12-19; |
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| 1 | | 101-291, eff. 1-1-20; 101-531, eff. 8-23-19; 101-543, eff. | 2 | | 8-23-19; 101-654, eff. 3-8-21; 102-51, eff. 7-9-21; 102-157, | 3 | | eff. 7-1-22; 102-360, eff. 1-1-22; 102-445, eff. 8-20-21; | 4 | | 102-522, eff. 8-20-21; 102-558, eff. 8-20-21; 102-676, eff. | 5 | | 12-3-21; 102-697, eff. 4-5-22; 102-805, eff. 1-1-23; 102-813, | 6 | | eff. 5-13-22; revised 12-13-22.) | 7 | | (Text of Section after amendment by P.A. 102-702 but | 8 | | before amendment by P.A. 102-466 ) | 9 | | Sec. 27A-5. Charter school; legal entity; requirements.
| 10 | | (a) A charter school shall be a public, nonsectarian, | 11 | | nonreligious, non-home
based, and non-profit school. A charter | 12 | | school shall be organized and operated
as a nonprofit | 13 | | corporation or other discrete, legal, nonprofit entity
| 14 | | authorized under the laws of the State of Illinois.
| 15 | | (b) A charter school may be established under this Article | 16 | | by creating a new
school or by converting an existing public | 17 | | school or attendance center to
charter
school status.
| 18 | | Beginning on April 16, 2003 (the effective date of Public Act | 19 | | 93-3), in all new
applications to establish
a charter
school | 20 | | in a city having a population exceeding 500,000, operation of | 21 | | the
charter
school shall be limited to one campus. The changes | 22 | | made to this Section by Public Act 93-3 do not apply to charter | 23 | | schools existing or approved on or before April 16, 2003 (the
| 24 | | effective date of Public Act 93-3). | 25 | | (b-5) In this subsection (b-5), "virtual-schooling" means |
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| 1 | | a cyber school where students engage in online curriculum and | 2 | | instruction via the Internet and electronic communication with | 3 | | their teachers at remote locations and with students | 4 | | participating at different times. | 5 | | From April 1, 2013 through December 31, 2016, there is a | 6 | | moratorium on the establishment of charter schools with | 7 | | virtual-schooling components in school districts other than a | 8 | | school district organized under Article 34 of this Code. This | 9 | | moratorium does not apply to a charter school with | 10 | | virtual-schooling components existing or approved prior to | 11 | | April 1, 2013 or to the renewal of the charter of a charter | 12 | | school with virtual-schooling components already approved | 13 | | prior to April 1, 2013.
| 14 | | (c) A charter school shall be administered and governed by | 15 | | its board of
directors or other governing body
in the manner | 16 | | provided in its charter. The governing body of a charter | 17 | | school
shall be subject to the Freedom of Information Act and | 18 | | the Open Meetings Act. No later than January 1, 2021 (one year | 19 | | after the effective date of Public Act 101-291), a charter | 20 | | school's board of directors or other governing body must | 21 | | include at least one parent or guardian of a pupil currently | 22 | | enrolled in the charter school who may be selected through the | 23 | | charter school or a charter network election, appointment by | 24 | | the charter school's board of directors or other governing | 25 | | body, or by the charter school's Parent Teacher Organization | 26 | | or its equivalent. |
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| 1 | | (c-5) No later than January 1, 2021 (one year after the | 2 | | effective date of Public Act 101-291) or within the first year | 3 | | of his or her first term, every voting member of a charter | 4 | | school's board of directors or other governing body shall | 5 | | complete a minimum of 4 hours of professional development | 6 | | leadership training to ensure that each member has sufficient | 7 | | familiarity with the board's or governing body's role and | 8 | | responsibilities, including financial oversight and | 9 | | accountability of the school, evaluating the principal's and | 10 | | school's performance, adherence to the Freedom of Information | 11 | | Act and the Open Meetings Act, and compliance with education | 12 | | and labor law. In each subsequent year of his or her term, a | 13 | | voting member of a charter school's board of directors or | 14 | | other governing body shall complete a minimum of 2 hours of | 15 | | professional development training in these same areas. The | 16 | | training under this subsection may be provided or certified by | 17 | | a statewide charter school membership association or may be | 18 | | provided or certified by other qualified providers approved by | 19 | | the State Board of Education.
| 20 | | (d) For purposes of this subsection (d), "non-curricular | 21 | | health and safety requirement" means any health and safety | 22 | | requirement created by statute or rule to provide, maintain, | 23 | | preserve, or safeguard safe or healthful conditions for | 24 | | students and school personnel or to eliminate, reduce, or | 25 | | prevent threats to the health and safety of students and | 26 | | school personnel. "Non-curricular health and safety |
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| 1 | | requirement" does not include any course of study or | 2 | | specialized instructional requirement for which the State | 3 | | Board has established goals and learning standards or which is | 4 | | designed primarily to impart knowledge and skills for students | 5 | | to master and apply as an outcome of their education. | 6 | | A charter school shall comply with all non-curricular | 7 | | health and safety
requirements applicable to public schools | 8 | | under the laws of the State of
Illinois. On or before September | 9 | | 1, 2015, the State Board shall promulgate and post on its | 10 | | Internet website a list of non-curricular health and safety | 11 | | requirements that a charter school must meet. The list shall | 12 | | be updated annually no later than September 1. Any charter | 13 | | contract between a charter school and its authorizer must | 14 | | contain a provision that requires the charter school to follow | 15 | | the list of all non-curricular health and safety requirements | 16 | | promulgated by the State Board and any non-curricular health | 17 | | and safety requirements added by the State Board to such list | 18 | | during the term of the charter. Nothing in this subsection (d) | 19 | | precludes an authorizer from including non-curricular health | 20 | | and safety requirements in a charter school contract that are | 21 | | not contained in the list promulgated by the State Board, | 22 | | including non-curricular health and safety requirements of the | 23 | | authorizing local school board.
| 24 | | (e) Except as otherwise provided in the School Code, a | 25 | | charter school shall
not charge tuition; provided that a | 26 | | charter school may charge reasonable fees
for textbooks, |
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| 1 | | instructional materials, and student activities.
| 2 | | (f) A charter school shall be responsible for the | 3 | | management and operation
of its fiscal affairs, including,
but | 4 | | not limited to, the preparation of its budget. An audit of each | 5 | | charter
school's finances shall be conducted annually by an | 6 | | outside, independent
contractor retained by the charter | 7 | | school. The contractor shall not be an employee of the charter | 8 | | school or affiliated with the charter school or its authorizer | 9 | | in any way, other than to audit the charter school's finances. | 10 | | To ensure financial accountability for the use of public | 11 | | funds, on or before December 1 of every year of operation, each | 12 | | charter school shall submit to its authorizer and the State | 13 | | Board a copy of its audit and a copy of the Form 990 the | 14 | | charter school filed that year with the federal Internal | 15 | | Revenue Service. In addition, if deemed necessary for proper | 16 | | financial oversight of the charter school, an authorizer may | 17 | | require quarterly financial statements from each charter | 18 | | school.
| 19 | | (g) A charter school shall comply with all provisions of | 20 | | this Article, the Illinois Educational Labor Relations Act, | 21 | | all federal and State laws and rules applicable to public | 22 | | schools that pertain to special education and the instruction | 23 | | of English learners, and
its charter. A charter
school is | 24 | | exempt from all other State laws and regulations in this Code
| 25 | | governing public
schools and local school board policies; | 26 | | however, a charter school is not exempt from the following:
|
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| 1 | | (1) Sections 10-21.9 and 34-18.5 of this Code | 2 | | regarding criminal
history records checks and checks of | 3 | | the Statewide Sex Offender Database and Statewide Murderer | 4 | | and Violent Offender Against Youth Database of applicants | 5 | | for employment;
| 6 | | (2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and | 7 | | 34-84a of this Code regarding discipline of
students;
| 8 | | (3) the Local Governmental and Governmental Employees | 9 | | Tort Immunity Act;
| 10 | | (4) Section 108.75 of the General Not For Profit | 11 | | Corporation Act of 1986
regarding indemnification of | 12 | | officers, directors, employees, and agents;
| 13 | | (5) the Abused and Neglected Child Reporting Act;
| 14 | | (5.5) subsection (b) of Section 10-23.12 and | 15 | | subsection (b) of Section 34-18.6 of this Code; | 16 | | (6) the Illinois School Student Records Act;
| 17 | | (7) Section 10-17a of this Code regarding school | 18 | | report cards;
| 19 | | (8) the P-20 Longitudinal Education Data System Act; | 20 | | (9) Section 27-23.7 of this Code regarding bullying | 21 | | prevention; | 22 | | (10) Section 2-3.162 of this Code regarding student | 23 | | discipline reporting; | 24 | | (11) Sections 22-80 and 27-8.1 of this Code; | 25 | | (12) Sections 10-20.60 and 34-18.53 of this Code; | 26 | | (13) Sections 10-20.63 and 34-18.56 of this Code; |
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| 1 | | (14) Sections 22-90 and 26-18 of this Code; | 2 | | (15) Section 22-30 of this Code; | 3 | | (16) Sections 24-12 and 34-85 of this Code; | 4 | | (17) the Seizure Smart School Act; | 5 | | (18) Section 2-3.64a-10 of this Code; | 6 | | (19) Sections 10-20.73 and 34-21.9 of this Code; | 7 | | (20) Section 10-22.25b of this Code; | 8 | | (21) Section 27-9.1a of this Code; | 9 | | (22) Section 27-9.1b of this Code; | 10 | | (23) Section 34-18.8 of this Code; and | 11 | | (25) Section 2-3.188 of this Code; | 12 | | (26) Section 22-85.5 of this Code; | 13 | | (27) subsections Subsections (d-10), (d-15), and | 14 | | (d-20) of Section 10-20.56 of this Code; and | 15 | | (28) Sections 10-20.83 and 34-18.78 of this Code ; . | 16 | | (29) (27) Section 10-20.13 of this Code; | 17 | | (30) (28) Section 28-19.2 of this Code; and | 18 | | (31) (29) Section 34-21.6 of this Code ; . | 19 | | (32) (25) Section 22-85.10 of this Code ; . | 20 | | (33) Section 2-3.196 of this Code; | 21 | | (34) Section 22-95 of this Code; | 22 | | (35) Section 34-18.62 of this Code; and | 23 | | (36) the Illinois Human Rights Act. | 24 | | The change made by Public Act 96-104 to this subsection | 25 | | (g) is declaratory of existing law. | 26 | | (h) A charter school may negotiate and contract with a |
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| 1 | | school district, the
governing body of a State college or | 2 | | university or public community college, or
any other public or | 3 | | for-profit or nonprofit private entity for: (i) the use
of a | 4 | | school building and grounds or any other real property or | 5 | | facilities that
the charter school desires to use or convert | 6 | | for use as a charter school site,
(ii) the operation and | 7 | | maintenance thereof, and
(iii) the provision of any service, | 8 | | activity, or undertaking that the charter
school is required | 9 | | to perform in order to carry out the terms of its charter.
| 10 | | However, a charter school
that is established on
or
after | 11 | | April 16, 2003 (the effective date of Public Act 93-3) and that | 12 | | operates
in a city having a population exceeding
500,000 may | 13 | | not contract with a for-profit entity to
manage or operate the | 14 | | school during the period that commences on April 16, 2003 (the
| 15 | | effective date of Public Act 93-3) and
concludes at the end of | 16 | | the 2004-2005 school year.
Except as provided in subsection | 17 | | (i) of this Section, a school district may
charge a charter | 18 | | school reasonable rent for the use of the district's
| 19 | | buildings, grounds, and facilities. Any services for which a | 20 | | charter school
contracts
with a school district shall be | 21 | | provided by the district at cost. Any services
for which a | 22 | | charter school contracts with a local school board or with the
| 23 | | governing body of a State college or university or public | 24 | | community college
shall be provided by the public entity at | 25 | | cost.
| 26 | | (i) In no event shall a charter school that is established |
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| 1 | | by converting an
existing school or attendance center to | 2 | | charter school status be required to
pay rent for space
that is | 3 | | deemed available, as negotiated and provided in the charter | 4 | | agreement,
in school district
facilities. However, all other | 5 | | costs for the operation and maintenance of
school district | 6 | | facilities that are used by the charter school shall be | 7 | | subject
to negotiation between
the charter school and the | 8 | | local school board and shall be set forth in the
charter.
| 9 | | (j) A charter school may limit student enrollment by age | 10 | | or grade level.
| 11 | | (k) If the charter school is approved by the State Board or | 12 | | Commission, then the charter school is its own local education | 13 | | agency. | 14 | | (Source: P.A. 101-50, eff. 7-1-20; 101-81, eff. 7-12-19; | 15 | | 101-291, eff. 1-1-20; 101-531, eff. 8-23-19; 101-543, eff. | 16 | | 8-23-19; 101-654, eff. 3-8-21; 102-51, eff. 7-9-21; 102-157, | 17 | | eff. 7-1-22; 102-360, eff. 1-1-22; 102-445, eff. 8-20-21; | 18 | | 102-522, eff. 8-20-21; 102-558, eff. 8-20-21; 102-676, eff. | 19 | | 12-3-21; 102-697, eff. 4-5-22; 102-702, eff. 7-1-23; 102-805, | 20 | | eff. 1-1-23; 102-813, eff. 5-13-22; revised 12-13-22.) | 21 | | (Text of Section after amendment by P.A. 102-466 ) | 22 | | Sec. 27A-5. Charter school; legal entity; requirements.
| 23 | | (a) A charter school shall be a public, nonsectarian, | 24 | | nonreligious, non-home
based, and non-profit school. A charter | 25 | | school shall be organized and operated
as a nonprofit |
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| 1 | | corporation or other discrete, legal, nonprofit entity
| 2 | | authorized under the laws of the State of Illinois.
| 3 | | (b) A charter school may be established under this Article | 4 | | by creating a new
school or by converting an existing public | 5 | | school or attendance center to
charter
school status.
| 6 | | Beginning on April 16, 2003 (the effective date of Public Act | 7 | | 93-3), in all new
applications to establish
a charter
school | 8 | | in a city having a population exceeding 500,000, operation of | 9 | | the
charter
school shall be limited to one campus. The changes | 10 | | made to this Section by Public Act 93-3 do not apply to charter | 11 | | schools existing or approved on or before April 16, 2003 (the
| 12 | | effective date of Public Act 93-3). | 13 | | (b-5) In this subsection (b-5), "virtual-schooling" means | 14 | | a cyber school where students engage in online curriculum and | 15 | | instruction via the Internet and electronic communication with | 16 | | their teachers at remote locations and with students | 17 | | participating at different times. | 18 | | From April 1, 2013 through December 31, 2016, there is a | 19 | | moratorium on the establishment of charter schools with | 20 | | virtual-schooling components in school districts other than a | 21 | | school district organized under Article 34 of this Code. This | 22 | | moratorium does not apply to a charter school with | 23 | | virtual-schooling components existing or approved prior to | 24 | | April 1, 2013 or to the renewal of the charter of a charter | 25 | | school with virtual-schooling components already approved | 26 | | prior to April 1, 2013.
|
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| 1 | | (c) A charter school shall be administered and governed by | 2 | | its board of
directors or other governing body
in the manner | 3 | | provided in its charter. The governing body of a charter | 4 | | school
shall be subject to the Freedom of Information Act and | 5 | | the Open Meetings Act. No later than January 1, 2021 (one year | 6 | | after the effective date of Public Act 101-291), a charter | 7 | | school's board of directors or other governing body must | 8 | | include at least one parent or guardian of a pupil currently | 9 | | enrolled in the charter school who may be selected through the | 10 | | charter school or a charter network election, appointment by | 11 | | the charter school's board of directors or other governing | 12 | | body, or by the charter school's Parent Teacher Organization | 13 | | or its equivalent. | 14 | | (c-5) No later than January 1, 2021 (one year after the | 15 | | effective date of Public Act 101-291) or within the first year | 16 | | of his or her first term, every voting member of a charter | 17 | | school's board of directors or other governing body shall | 18 | | complete a minimum of 4 hours of professional development | 19 | | leadership training to ensure that each member has sufficient | 20 | | familiarity with the board's or governing body's role and | 21 | | responsibilities, including financial oversight and | 22 | | accountability of the school, evaluating the principal's and | 23 | | school's performance, adherence to the Freedom of Information | 24 | | Act and the Open Meetings Act, and compliance with education | 25 | | and labor law. In each subsequent year of his or her term, a | 26 | | voting member of a charter school's board of directors or |
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| 1 | | other governing body shall complete a minimum of 2 hours of | 2 | | professional development training in these same areas. The | 3 | | training under this subsection may be provided or certified by | 4 | | a statewide charter school membership association or may be | 5 | | provided or certified by other qualified providers approved by | 6 | | the State Board of Education.
| 7 | | (d) For purposes of this subsection (d), "non-curricular | 8 | | health and safety requirement" means any health and safety | 9 | | requirement created by statute or rule to provide, maintain, | 10 | | preserve, or safeguard safe or healthful conditions for | 11 | | students and school personnel or to eliminate, reduce, or | 12 | | prevent threats to the health and safety of students and | 13 | | school personnel. "Non-curricular health and safety | 14 | | requirement" does not include any course of study or | 15 | | specialized instructional requirement for which the State | 16 | | Board has established goals and learning standards or which is | 17 | | designed primarily to impart knowledge and skills for students | 18 | | to master and apply as an outcome of their education. | 19 | | A charter school shall comply with all non-curricular | 20 | | health and safety
requirements applicable to public schools | 21 | | under the laws of the State of
Illinois. On or before September | 22 | | 1, 2015, the State Board shall promulgate and post on its | 23 | | Internet website a list of non-curricular health and safety | 24 | | requirements that a charter school must meet. The list shall | 25 | | be updated annually no later than September 1. Any charter | 26 | | contract between a charter school and its authorizer must |
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| 1 | | contain a provision that requires the charter school to follow | 2 | | the list of all non-curricular health and safety requirements | 3 | | promulgated by the State Board and any non-curricular health | 4 | | and safety requirements added by the State Board to such list | 5 | | during the term of the charter. Nothing in this subsection (d) | 6 | | precludes an authorizer from including non-curricular health | 7 | | and safety requirements in a charter school contract that are | 8 | | not contained in the list promulgated by the State Board, | 9 | | including non-curricular health and safety requirements of the | 10 | | authorizing local school board.
| 11 | | (e) Except as otherwise provided in the School Code, a | 12 | | charter school shall
not charge tuition; provided that a | 13 | | charter school may charge reasonable fees
for textbooks, | 14 | | instructional materials, and student activities.
| 15 | | (f) A charter school shall be responsible for the | 16 | | management and operation
of its fiscal affairs, including,
but | 17 | | not limited to, the preparation of its budget. An audit of each | 18 | | charter
school's finances shall be conducted annually by an | 19 | | outside, independent
contractor retained by the charter | 20 | | school. The contractor shall not be an employee of the charter | 21 | | school or affiliated with the charter school or its authorizer | 22 | | in any way, other than to audit the charter school's finances. | 23 | | To ensure financial accountability for the use of public | 24 | | funds, on or before December 1 of every year of operation, each | 25 | | charter school shall submit to its authorizer and the State | 26 | | Board a copy of its audit and a copy of the Form 990 the |
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| 1 | | charter school filed that year with the federal Internal | 2 | | Revenue Service. In addition, if deemed necessary for proper | 3 | | financial oversight of the charter school, an authorizer may | 4 | | require quarterly financial statements from each charter | 5 | | school.
| 6 | | (g) A charter school shall comply with all provisions of | 7 | | this Article, the Illinois Educational Labor Relations Act, | 8 | | all federal and State laws and rules applicable to public | 9 | | schools that pertain to special education and the instruction | 10 | | of English learners, and
its charter. A charter
school is | 11 | | exempt from all other State laws and regulations in this Code
| 12 | | governing public
schools and local school board policies; | 13 | | however, a charter school is not exempt from the following:
| 14 | | (1) Sections 10-21.9 and 34-18.5 of this Code | 15 | | regarding criminal
history records checks and checks of | 16 | | the Statewide Sex Offender Database and Statewide Murderer | 17 | | and Violent Offender Against Youth Database of applicants | 18 | | for employment;
| 19 | | (2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and | 20 | | 34-84a of this Code regarding discipline of
students;
| 21 | | (3) the Local Governmental and Governmental Employees | 22 | | Tort Immunity Act;
| 23 | | (4) Section 108.75 of the General Not For Profit | 24 | | Corporation Act of 1986
regarding indemnification of | 25 | | officers, directors, employees, and agents;
| 26 | | (5) the Abused and Neglected Child Reporting Act;
|
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| 1 | | (5.5) subsection (b) of Section 10-23.12 and | 2 | | subsection (b) of Section 34-18.6 of this Code; | 3 | | (6) the Illinois School Student Records Act;
| 4 | | (7) Section 10-17a of this Code regarding school | 5 | | report cards;
| 6 | | (8) the P-20 Longitudinal Education Data System Act; | 7 | | (9) Section 27-23.7 of this Code regarding bullying | 8 | | prevention; | 9 | | (10) Section 2-3.162 of this Code regarding student | 10 | | discipline reporting; | 11 | | (11) Sections 22-80 and 27-8.1 of this Code; | 12 | | (12) Sections 10-20.60 and 34-18.53 of this Code; | 13 | | (13) Sections 10-20.63 and 34-18.56 of this Code; | 14 | | (14) Sections 22-90 and 26-18 of this Code; | 15 | | (15) Section 22-30 of this Code; | 16 | | (16) Sections 24-12 and 34-85 of this Code; | 17 | | (17) the Seizure Smart School Act; | 18 | | (18) Section 2-3.64a-10 of this Code; | 19 | | (19) Sections 10-20.73 and 34-21.9 of this Code; | 20 | | (20) Section 10-22.25b of this Code; | 21 | | (21) Section 27-9.1a of this Code; | 22 | | (22) Section 27-9.1b of this Code; | 23 | | (23) Section 34-18.8 of this Code; | 24 | | (24) Article 26A of this Code; and | 25 | | (25) Section 2-3.188 of this Code; | 26 | | (26) Section 22-85.5 of this Code; |
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| 1 | | (27) subsections Subsections (d-10), (d-15), and | 2 | | (d-20) of Section 10-20.56 of this Code; and | 3 | | (28) Sections 10-20.83 and 34-18.78 of this Code ; . | 4 | | (29) (27) Section 10-20.13 of this Code; | 5 | | (30) (28) Section 28-19.2 of this Code; and | 6 | | (31) (29) Section 34-21.6 of this Code . | 7 | | (32) (25) Section 22-85.10 of this Code ; . | 8 | | (33) Section 2-3.196 of this Code; | 9 | | (34) Section 22-95 of this Code; | 10 | | (35) Section 34-18.62 of this Code; and | 11 | | (36) the Illinois Human Rights Act. | 12 | | The change made by Public Act 96-104 to this subsection | 13 | | (g) is declaratory of existing law. | 14 | | (h) A charter school may negotiate and contract with a | 15 | | school district, the
governing body of a State college or | 16 | | university or public community college, or
any other public or | 17 | | for-profit or nonprofit private entity for: (i) the use
of a | 18 | | school building and grounds or any other real property or | 19 | | facilities that
the charter school desires to use or convert | 20 | | for use as a charter school site,
(ii) the operation and | 21 | | maintenance thereof, and
(iii) the provision of any service, | 22 | | activity, or undertaking that the charter
school is required | 23 | | to perform in order to carry out the terms of its charter.
| 24 | | However, a charter school
that is established on
or
after | 25 | | April 16, 2003 (the effective date of Public Act 93-3) and that | 26 | | operates
in a city having a population exceeding
500,000 may |
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| 1 | | not contract with a for-profit entity to
manage or operate the | 2 | | school during the period that commences on April 16, 2003 (the
| 3 | | effective date of Public Act 93-3) and
concludes at the end of | 4 | | the 2004-2005 school year.
Except as provided in subsection | 5 | | (i) of this Section, a school district may
charge a charter | 6 | | school reasonable rent for the use of the district's
| 7 | | buildings, grounds, and facilities. Any services for which a | 8 | | charter school
contracts
with a school district shall be | 9 | | provided by the district at cost. Any services
for which a | 10 | | charter school contracts with a local school board or with the
| 11 | | governing body of a State college or university or public | 12 | | community college
shall be provided by the public entity at | 13 | | cost.
| 14 | | (i) In no event shall a charter school that is established | 15 | | by converting an
existing school or attendance center to | 16 | | charter school status be required to
pay rent for space
that is | 17 | | deemed available, as negotiated and provided in the charter | 18 | | agreement,
in school district
facilities. However, all other | 19 | | costs for the operation and maintenance of
school district | 20 | | facilities that are used by the charter school shall be | 21 | | subject
to negotiation between
the charter school and the | 22 | | local school board and shall be set forth in the
charter.
| 23 | | (j) A charter school may limit student enrollment by age | 24 | | or grade level.
| 25 | | (k) If the charter school is approved by the State Board or | 26 | | Commission, then the charter school is its own local education |
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| 1 | | agency. | 2 | | (Source: P.A. 101-50, eff. 7-1-20; 101-81, eff. 7-12-19; | 3 | | 101-291, eff. 1-1-20; 101-531, eff. 8-23-19; 101-543, eff. | 4 | | 8-23-19; 101-654, eff. 3-8-21; 102-51, eff. 7-9-21; 102-157, | 5 | | eff. 7-1-22; 102-360, eff. 1-1-22; 102-445, eff. 8-20-21; | 6 | | 102-466, eff. 7-1-25; 102-522, eff. 8-20-21; 102-558, eff. | 7 | | 8-20-21; 102-676, eff. 12-3-21; 102-697, eff. 4-5-22; 102-702, | 8 | | eff. 7-1-23; 102-805, eff. 1-1-23; 102-813, eff. 5-13-22; | 9 | | revised 12-13-22.)
| 10 | | (105 ILCS 5/34-18.62)
| 11 | | Sec. 34-18.62. Policies Policy on discrimination and | 12 | | sexual harassment ; prevention and response program . | 13 | | (a) The school district must create, maintain, and | 14 | | implement an age-appropriate policy on sexual harassment that | 15 | | must be posted on the school district's website and, if | 16 | | applicable, any other area where policies, rules, and | 17 | | standards of conduct are currently posted in each school and | 18 | | must also be included in the school district's student code of | 19 | | conduct handbook. | 20 | | (b) The school district must create, maintain, and | 21 | | implement a policy or policies prohibiting discrimination and | 22 | | harassment against students based on race, color, and national | 23 | | origin and prohibiting retaliation against students. Such | 24 | | policy or policies may be included as part of a broader | 25 | | anti-harassment or anti-discrimination policy provided they |
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| 1 | | are distinguished with an appropriate title, heading, or | 2 | | label. The policy or policies adopted under this subsection | 3 | | (b) must comply with and be distributed in accordance with | 4 | | subsection (b) of Section 22-95 of this Code. | 5 | | (c) The school district must establish procedures for | 6 | | responding to student complaints of discrimination and | 7 | | harassment based on race, color, or national origin, and | 8 | | retaliation. These procedures must comply with subsection (c) | 9 | | of Section 22-95 of this Code.
| 10 | | (Source: P.A. 101-418, eff. 1-1-20; 102-558, eff. 8-20-21.)
| 11 | | Section 15. The Illinois Human Rights Act is amended by | 12 | | changing Sections 1-102, 5-102.2, 5A-101, 5A-102, and 6-101 | 13 | | and by adding Sections 5A-103 and 5A-104 as follows: | 14 | | (775 ILCS 5/1-102) (from Ch. 68, par. 1-102) | 15 | | Sec. 1-102. Declaration of Policy. It is the public | 16 | | policy of this State:
| 17 | | (A) Freedom from Unlawful Discrimination. To secure for | 18 | | all individuals
within Illinois the freedom from | 19 | | discrimination based on against any individual because
of his | 20 | | or her race, color, religion, sex, national origin, ancestry, | 21 | | age, order of protection status,
marital status, physical or | 22 | | mental disability, military
status, sexual orientation, | 23 | | pregnancy, or unfavorable
discharge from military service in | 24 | | connection with employment, real estate
transactions, access |
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| 1 | | to financial credit, and the availability of public
| 2 | | accommodations , including in elementary, secondary, and higher | 3 | | education .
| 4 | | (B) Freedom from Sexual Harassment-Employment and | 5 | | Elementary, Secondary, and Higher Education.
To prevent sexual | 6 | | harassment in employment and sexual harassment in
elementary, | 7 | | secondary, and higher education.
| 8 | | (C) Freedom from Discrimination Based on Citizenship | 9 | | Status-Employment.
To prevent discrimination based on | 10 | | citizenship status in employment.
| 11 | | (C-5) Freedom from Discrimination Based on Work | 12 | | Authorization Status-Employment. To prevent discrimination | 13 | | based on the specific status or term of status that | 14 | | accompanies a legal work authorization. | 15 | | (D) Freedom from Discrimination Based on Familial Status | 16 | | or Source of Income-Real Estate
Transactions. To prevent | 17 | | discrimination based on familial status or source of income in | 18 | | real
estate transactions.
| 19 | | (E) Public Health, Welfare and Safety. To promote the | 20 | | public health,
welfare and safety by protecting the interest | 21 | | of all people in Illinois
in maintaining personal dignity, in | 22 | | realizing their full productive
capacities, and in furthering | 23 | | their interests, rights and privileges as
citizens of this | 24 | | State.
| 25 | | (F) Implementation of Constitutional Guarantees. To secure | 26 | | and
guarantee the rights established by Sections 17, 18 and 19 |
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| 1 | | of Article I
of the Illinois Constitution of 1970.
| 2 | | (G) Equal Opportunity, Affirmative Action. To establish | 3 | | Equal
Opportunity and Affirmative Action as the policies of | 4 | | this State in all
of its decisions, programs and activities, | 5 | | and to assure that all State
departments, boards, commissions | 6 | | and instrumentalities rigorously take
affirmative action to | 7 | | provide equality of opportunity and eliminate the
effects of | 8 | | past discrimination in the internal affairs of State
| 9 | | government and in their relations with the public.
| 10 | | (H) Unfounded Charges. To protect citizens of this State | 11 | | against
unfounded charges of prohibited unlawful | 12 | | discrimination , sexual harassment in
employment , real estate | 13 | | transactions, financial credit, and public accommodations, | 14 | | including and sexual harassment in elementary, secondary, and | 15 | | higher education , and discrimination
based on citizenship | 16 | | status or work authorization status in employment .
| 17 | | (Source: P.A. 102-233, eff. 8-2-21; 102-896, eff. 1-1-23 .)
| 18 | | (775 ILCS 5/5-102.2) | 19 | | Sec. 5-102.2. Jurisdiction limited. In regard to places of | 20 | | public accommodation defined in paragraph (11) of Section | 21 | | 5-101, the jurisdiction under this Article of the Department | 22 | | is limited to: (1) the failure to enroll an individual; (2) the | 23 | | denial or refusal of full and equal enjoyment of facilities, | 24 | | goods, or services; or (3) severe or pervasive harassment of | 25 | | an individual when the covered entity fails to take corrective |
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| 1 | | action to stop the severe or pervasive harassment. This | 2 | | limitation on jurisdiction set forth in this Section does not | 3 | | apply to civil rights violations under Article 2, 3, 4, 5A, or | 4 | | 6.
| 5 | | (Source: P.A. 102-1102, eff. 1-1-23 .) | 6 | | (775 ILCS 5/5A-101) (from Ch. 68, par. 5A-101)
| 7 | | Sec. 5A-101. Definitions. The following definitions are | 8 | | applicable
strictly in the content of this Article, except | 9 | | that the term "sexual
harassment
in elementary, secondary, and
| 10 | | higher education" as defined herein has the meaning herein | 11 | | ascribed to
it whenever that term is used anywhere in this Act.
| 12 | | (A) Institution of Elementary, Secondary, or Higher | 13 | | Education. "Institution of elementary, secondary, or higher | 14 | | education"
means: (1) a
publicly or privately operated | 15 | | university, college,
community
college, junior college, | 16 | | business or vocational school, or other educational
| 17 | | institution offering degrees and instruction beyond the
| 18 | | secondary
school level; or
(2) a publicly or privately | 19 | | operated elementary school or secondary school.
| 20 | | (B) Degree. "Degree" means: (1) a
designation, | 21 | | appellation,
series of letters
or words or other symbols which | 22 | | signifies or purports to signify that the
recipient thereof | 23 | | has satisfactorily completed an organized academic, business
| 24 | | or vocational program of study offered beyond the
secondary
| 25 | | school level; or (2) a designation signifying that the |
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| 1 | | recipient has
graduated from an elementary school or secondary | 2 | | school.
| 3 | | (C) Student. "Student" means any individual admitted to or | 4 | | applying for
admission to an institution of elementary, | 5 | | secondary, or higher education, or
enrolled on a full or
part | 6 | | time basis in a course or program of academic, business or | 7 | | vocational
instruction offered by or through an institution of | 8 | | elementary, secondary, or higher education.
| 9 | | (D) Elementary, Secondary, or Higher Education | 10 | | Representative. "Elementary, secondary, or higher education
| 11 | | representative"
means and includes the president, chancellor | 12 | | or other holder of any executive
office on the administrative | 13 | | staff of an institution of higher education,
an administrator | 14 | | of an elementary school or secondary school, a
member of the | 15 | | faculty of an institution of higher education,
including
but | 16 | | not limited to a dean or associate or assistant dean, a | 17 | | professor or
associate or assistant professor, and a full or | 18 | | part time instructor or
visiting professor, including a | 19 | | graduate assistant or other student who
is employed on a | 20 | | temporary basis of less than full time as a teacher or
| 21 | | instructor of any course or program of academic, business or | 22 | | vocational
instruction offered by or through an institution of | 23 | | higher education, and any
teacher, instructor, or other | 24 | | employee of an elementary school or secondary school.
| 25 | | (E) Sexual Harassment in Elementary, Secondary, and Higher | 26 | | Education. "Sexual harassment in
elementary, secondary, and
|
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| 1 | | higher
education" means any unwelcome sexual advances or | 2 | | requests for sexual favors
made by an elementary, secondary, | 3 | | or
higher
education representative to a student, or any
| 4 | | conduct of
a sexual nature exhibited by
an elementary, | 5 | | secondary, or
higher education representative
toward a
| 6 | | student, when such conduct has the purpose of substantially | 7 | | interfering
with the student's educational performance or | 8 | | creating an intimidating,
hostile or offensive educational | 9 | | environment; or when the elementary, secondary, or higher | 10 | | education
representative either explicitly or implicitly makes | 11 | | the student's submission
to such conduct a term or condition | 12 | | of, or uses the student's submission
to or rejection of such | 13 | | conduct as a basis for determining:
| 14 | | (1) Whether the student will be admitted to an | 15 | | institution
of elementary, secondary, or higher education;
| 16 | | (2) The educational performance required or expected | 17 | | of the student;
| 18 | | (3) The attendance or assignment requirements | 19 | | applicable to the student;
| 20 | | (4) To what courses, fields of study or programs, | 21 | | including honors and
graduate programs, the student will | 22 | | be admitted;
| 23 | | (5) What placement or course proficiency requirements | 24 | | are applicable to the
student;
| 25 | | (6) The quality of instruction the student will | 26 | | receive;
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| 1 | | (7) What tuition or fee requirements are applicable to | 2 | | the student;
| 3 | | (8) What scholarship opportunities are available to | 4 | | the student;
| 5 | | (9) What extracurricular teams the student will be a | 6 | | member of or in what
extracurricular competitions the | 7 | | student will participate;
| 8 | | (10) Any grade the student will receive in any | 9 | | examination or in any course
or program of instruction in | 10 | | which the student is enrolled;
| 11 | | (11) The progress of the student toward successful | 12 | | completion of or graduation
from any course or program of | 13 | | instruction in which the student is enrolled; or
| 14 | | (12) What degree, if any, the student will receive.
| 15 | | (F) Harassment in Elementary, Secondary, or Higher | 16 | | Education. "Harassment in elementary, secondary, or higher | 17 | | education" means any unwelcome conduct by an elementary, | 18 | | secondary or higher education representative toward a student
| 19 | | on the basis of a student's actual or perceived race, color, | 20 | | religion, national origin, ancestry, age, sex, marital status, | 21 | | order of protection status, disability, military status, | 22 | | sexual orientation, pregnancy, or unfavorable discharge from | 23 | | military service that has the purpose or effect of | 24 | | substantially interfering with a student's educational | 25 | | performance or creating an intimidating, hostile, or offensive | 26 | | educational environment. |
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| 1 | | (G) Educational Environment. "Educational environment" | 2 | | includes conduct that occurs at school, school-related | 3 | | activities, or events, and may include conduct that occurs off | 4 | | school grounds, subject to applicable State and federal law. | 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 , | 11 | | Secondary, or Higher Education Representative. For any | 12 | | elementary, secondary, or higher education representative
| 13 | | to commit or engage in sexual harassment in elementary, | 14 | | secondary, or 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
| 18 | | to fail to take remedial action, or to fail to take | 19 | | appropriate disciplinary
action against an elementary, | 20 | | secondary, or higher education representative employed by | 21 | | such institution,
when such institution knows that such | 22 | | elementary, secondary, or higher education representative | 23 | | was
committing or engaging in or committed or engaged
in | 24 | | sexual harassment in elementary, secondary, or higher | 25 | | education.
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| 1 | | (C) Harassment; Elementary, Secondary, or Higher | 2 | | Education Representative. For any elementary, secondary, | 3 | | or higher education representative to commit or engage in | 4 | | harassment in elementary, secondary, or higher education. | 5 | | (D) Harassment; Institution of Elementary, Secondary, | 6 | | or Higher Education. For any institution of elementary, | 7 | | secondary, or higher education to fail to take appropriate | 8 | | corrective action to stop harassment if the institution | 9 | | knows that an elementary, secondary, or higher education | 10 | | representative was committing or engaging in or committed | 11 | | or engaged in harassment in elementary, secondary, or | 12 | | higher education. | 13 | | (E) Failure to Report. For any school district | 14 | | established under the School Code or institutions of | 15 | | elementary or secondary education covered by this Act to | 16 | | fail to disclose information as required by Section | 17 | | 2-3.196 of the School Code. | 18 | | (F) Exemptions. Nothing in Article 5A shall be | 19 | | construed to limit jurisdiction under Section 5-102.2. | 20 | | Subsections (C), (D), and (E) shall apply solely to | 21 | | nonsectarian institutions of elementary, secondary or | 22 | | higher education and elementary, secondary, or higher | 23 | | education representatives employed by such nonsectarian | 24 | | institutions. | 25 | | (Source: P.A. 96-574, eff. 8-18-09; 96-1319, eff. 7-27-10.)
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| 1 | | (775 ILCS 5/5A-103 new) | 2 | | Sec. 5A-103. Discrimination and harassment based on race, | 3 | | color, or national origin; and retaliation. | 4 | | (a) The General Assembly finds that harassment and | 5 | | discrimination based on race, color, or national origin has a | 6 | | detrimental influence in schools, contributing to | 7 | | psychological and physical harm and poorer academic outcomes | 8 | | for students of color, and higher rates of teacher turnover | 9 | | among teachers of color. It is the General Assembly's intent | 10 | | that each institution of elementary and secondary education in | 11 | | the State adopt and actively implement policies to reduce and | 12 | | respond effectively to harassment and discrimination based on | 13 | | race, color, or national origin; to provide students, parents | 14 | | or guardians, and employees information on how to recognize | 15 | | and report harassment and discrimination; and, for students, | 16 | | parents or guardians, and employees, to report harassment and | 17 | | discrimination based on race, color, or national origin | 18 | | without fear of retaliation, loss of status, or loss of | 19 | | opportunities. | 20 | | (b) The Department shall produce a model training program | 21 | | aimed at the prevention of discrimination and harassment based | 22 | | on race, color, and national origin in institutions of | 23 | | elementary and secondary education. The model program shall be | 24 | | made available to institutions of elementary and secondary | 25 | | education and to the public online at no cost. This model | 26 | | program shall regard participants as potential bystanders, |
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| 1 | | rather than potential offenders, and include, at a minimum, | 2 | | the following: | 3 | | (1) a primary focus on preventing discrimination and | 4 | | harassment based on race, color, or national origin and | 5 | | retaliation; | 6 | | (2) an explanation of discrimination and harassment | 7 | | based on race, color, or national origin and retaliation; | 8 | | (3) examples of conduct that constitutes | 9 | | discrimination and harassment based on race, color, or | 10 | | national origin and retaliation; | 11 | | (4) an explanation, with examples, of how patterns of | 12 | | conduct can, taken together over time, rise to the level | 13 | | of bullying, harassment, or discrimination; | 14 | | (5) an explanation of the difference between | 15 | | discrimination based on disparate treatment and | 16 | | discrimination based on disparate impact; | 17 | | (6) a summary of other classes that are protected from | 18 | | harassment and discrimination, and a statement that | 19 | | training intended to improve recognition of discrimination | 20 | | and harassment based on race, color, and national origin | 21 | | does not diminish protections under the law for other | 22 | | protected classes; | 23 | | (7) an explanation of the difference between | 24 | | harassment as defined under this Act and bullying; | 25 | | (8) a summary of relevant federal and State statutory | 26 | | protections and remedies available to victims concerning |
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| 1 | | discrimination and harassment based on race, color, and | 2 | | national origin, and retaliation, including, but not | 3 | | limited to, a summary of this Act's protections from | 4 | | discrimination, harassment and retaliation in the | 5 | | following contexts: | 6 | | (a) students toward other students; | 7 | | (b) teachers and other employees of an elementary | 8 | | or secondary school toward students; | 9 | | (c) students toward teachers and other employees | 10 | | of an elementary or secondary school; and | 11 | | (d) teachers and other employees of an elementary | 12 | | or secondary school toward other teachers and | 13 | | employees of an elementary or secondary school. | 14 | | (9) directions on how to contact the Department if a | 15 | | school fails to take corrective action to stop the | 16 | | harassment or discrimination; | 17 | | (10) a summary of responsibilities of institutions of | 18 | | elementary or secondary education in the prevention, | 19 | | investigation, and corrective measures of discrimination, | 20 | | harassment, and retaliation, including, but not limited | 21 | | to, explanation of responsibilities in the following | 22 | | contexts: | 23 | | (a) students toward other students; | 24 | | (b) teachers and other employees of an elementary | 25 | | or secondary school toward students; | 26 | | (c) students toward teachers and other employees |
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| 1 | | of an elementary or secondary school; and | 2 | | (d) teachers and other employees of an elementary | 3 | | or secondary school toward other teachers and | 4 | | employees of an elementary or secondary school; and | 5 | | (11) an explanation of the liability for | 6 | | discrimination, harassment, and retaliation under this | 7 | | Act. | 8 | | (c) Every institution of elementary or secondary education | 9 | | in this State shall use the model training program developed | 10 | | by the Department, establish its own training program that | 11 | | equals or exceeds the minimum standards set forth in | 12 | | subsection (b), or use an existing discrimination and | 13 | | harassment prevention training program that equals or exceeds | 14 | | the minimum standards set forth in subsection (b). The | 15 | | training program shall be provided as a component of all new | 16 | | employee training programs for elementary and secondary | 17 | | education representatives and to existing representatives at | 18 | | least once every 2 years. For the purposes of satisfying the | 19 | | requirements under this Section, the Department's model | 20 | | program may be used to supplement any existing program an | 21 | | institution of elementary or secondary education is utilizing | 22 | | or develops. | 23 | | (d) Upon notification of a violation of subsection (c), | 24 | | the Department may launch a preliminary investigation. If the | 25 | | Department finds a violation of this Section, the Department | 26 | | may issue a notice to show cause, giving the institution of |
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| 1 | | elementary or secondary education 30 days to correct the | 2 | | violation. If the institution of elementary or secondary | 3 | | education does not correct the violation within 30 days, the | 4 | | Department may initiate a charge of a civil rights violation. | 5 | | (775 ILCS 5/6-101) (from Ch. 68, par. 6-101)
| 6 | | Sec. 6-101. Additional civil rights violations under | 7 | | Articles 2, 4, 5, and 5A , and 6 . It is a civil rights
violation | 8 | | for a person, or for 2 or more persons, to conspire to:
| 9 | | (A) Retaliation. Retaliate against a person because | 10 | | that person he or she has : | 11 | | (i) opposed or reported conduct that the person | 12 | | that which he or she reasonably and in good faith | 13 | | believes to be
prohibited unlawful discrimination, | 14 | | sexual harassment in employment, sexual
harassment in | 15 | | elementary, secondary, and higher
education, or | 16 | | discrimination based on arrest record, citizenship | 17 | | status, or work authorization status
in employment | 18 | | under Articles 2, 4, 5, and 5A , and 6; , because he or | 19 | | she has | 20 | | (ii) made a charge, filed a complaint,
testified, | 21 | | assisted, or participated in an investigation, | 22 | | proceeding, or
hearing under this Act ; or , or because | 23 | | he or she has | 24 | | (iii) requested, attempted to request, used, or | 25 | | attempted to use a reasonable accommodation as allowed |
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| 1 | | by this Act;
| 2 | | (B) Aiding and Abetting; Coercion. Aid, abet, compel, | 3 | | or coerce a
person to commit any violation of this Act;
| 4 | | (C) Interference. Wilfully interfere with the | 5 | | performance of a duty
or the exercise of a power by the | 6 | | Commission or one of its members or
representatives or the | 7 | | Department or one of its officers or employees.
| 8 | | Definitions. For the purposes of this Section, "sexual
| 9 | | harassment", "citizenship status", and "work authorization | 10 | | status" shall have the same meaning as defined in
Section | 11 | | 2-101 of this Act.
| 12 | | (Source: P.A. 102-233, eff. 8-2-21; 102-362, eff. 1-1-22; | 13 | | 102-813, eff. 5-13-22.)
| 14 | | Section 95. No acceleration or delay. Where this Act makes | 15 | | changes in a statute that is represented in this Act by text | 16 | | that is not yet or no longer in effect (for example, a Section | 17 | | represented by multiple versions), the use of that text does | 18 | | not accelerate or delay the taking effect of (i) the changes | 19 | | made by this Act or (ii) provisions derived from any other | 20 | | Public Act.
| 21 | | Section 99. Effective date. This Act takes effect August | 22 | | 1, 2024.".
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