HB4690 103RD GENERAL ASSEMBLY

LRB103 35709 RJT 65786 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB4690

Introduced 2/6/2024, by Rep. Tim Ozinga

SYNOPSIS AS INTRODUCED:

New Act

Creates the Communication and Actions in Public Schools Act. Provides that no communication by a public school entity, official representative thereof, professional employee, or guest school speaker may compel a person to adopt, affirm, adhere to, or profess an idea that violates Title IV or Title VI of the federal Civil Rights Act of 1964 or adopt, affirm, adhere to, or profess specified concepts. Provides that nothing in those provisions may be construed to prohibit the discussion of ideas and history of the described concepts or may be construed to prohibit the discussion of public policy issues of the day or ideas that individuals may find unwelcome, disagreeable, or offensive. Sets forth provisions concerning a refusal to engage in any of the specified concepts. Provides that no public school entity may use funds from any source to engage in any of the specified concepts. Provides that the State Board of Education shall develop and make available to professional employees technical assistance, guidance, and professional development in accordance with specified provisions. Sets forth requirements for contractors with a public school entity. Provides that a parent, student, professional employee, or other person interacting with a public school entity may file a complaint with the school board of the school district alleging a violation of the Act by a professional employee or contractor. Sets forth other enforcement provisions. Provides that the State Board shall develop a policy on how a complaint may be filed. Provides that the policy shall be made available on the State Board's Internet website. Provides that the State Board may adopt rules to implement the Act.

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY

A BILL FOR

AN ACT concerning education.

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

Section 1. Short title. This Act may be cited as the Communications and Actions in Public Schools Act.

Section 5. Definitions. As used in this Act:

"Contractor" means an individual, organization, corporation, or business that enters into a contract or a subcontract pursuant to a contract with a public school entity.

"Board" means the State Board of Education.

"Professional employee" means a licensed teacher, supervisor, supervising principal, principal, assistant principal, vice principal, director of career and technical education, visiting teacher, substitute teacher, school counselor, school librarian, or school secretary.

"Public school entity" means a public school located in this State and that school's professional employees.

Section 10. Communication and actions by public school entities.

(a) No communication by a public school entity, official representative thereof, professional employee, or guest school speaker may compel a person to adopt, affirm, adhere to, or profess an idea that violates Title IV or Title VI of the federal Civil Rights Act of 1964 or adopt, affirm, adhere to, or profess an idea that:

(1) people of one age, sex, gender identity, sexual orientation, race, creed, color, marital status, familial status, mental or physical disability, religion, or national origin are inherently superior or inferior to people of another age, sex, gender identity, sexual orientation, race, creed, color, marital status, familial status, mental or physical disability, religion, or national origin;

(2) an individual should be discriminated against or receive adverse treatment solely or partly because of the individual's age, sex, gender identity, sexual orientation, race, creed, color, marital status, familial status, mental or physical disability, religion, or national origin; or

(3) people of one age, sex, gender identity, sexual orientation, race, creed, color, marital status, familial status, mental or physical disability, religion, or national origin cannot and should not attempt to treat others equally and without regard to age, sex, gender identity, sexual orientation, race, creed, color, marital status, familial status, mental or physical disability, religion, or national origin.

(b) Nothing in this Section may be construed to prohibit the discussion of ideas and history of the concepts described in subsection (a) or may be construed to prohibit the discussion of public policy issues of the day or ideas that individuals may find unwelcome, disagreeable, or offensive.

(c) No public school entity, professional employee, contractor, or public school student may face a penalty or adverse treatment due to a refusal to engage in any of the concepts listed in subparagraph (1), (2), or (3) of subsection (a).

(d) No public school entity may use funds from any source to engage in any of the concepts listed in subparagraph (1), (2), or (3) of subsection (a).

(e) The Board shall develop and make available to professional employees technical assistance, guidance, and professional development in accordance with all of the following:

(1) For education to create citizens capable of self-government, students need to engage with a variety of viewpoints on challenging issues, led by a professional employee who understands that there is greater value in promoting independent thinking than in advancing the employee's own beliefs.

(2) A professional employee should be prepared to engage students in academic discussions about all topics, so long as the employee imparts vital knowledge and skills without imposing the employee's own beliefs.

(3) A professional employee should be prepared to address challenging issues in the classroom, not avoid them.

(4) A professional employee should be prepared to help students become discerning consumers of information, to evaluate and analyze information, to question and verify the credibility of the information's sources, and to make reasoned judgments supported by evidence.

Section 15. Requirements for contractors.

(a) A contract entered into by a public school entity with a contractor after the effective date of this Act shall include the following statement:

"During the performance of this contract, the contractor may not engage in workplace training of a professional employee that includes any of the concepts listed in Section 10 of the Communications and Actions in Public Schools Act."

(b) A contractor shall include in a subcontract the statement under subsection (a) of this Section as a contractual duty imposed on the subcontractor.

Section 20. Enforcement.

(a) For violations of Section 10 of this Act, all of the following shall apply:

(1) A parent, student, professional employee, or other person interacting with a public school entity may file a complaint with the school board of the school district alleging a violation by a professional employee or contractor.

(2) If a violation is established involving a professional employee, the public school entity involved, as well as any involved professional employee, shall engage in professional development in compliance with Section 10 of this Act. The parents or guardians of students impacted by the violation shall receive notice and a copy of the decision and action to be taken, which notice shall be provided by registered mail. The public school entity shall report the violation to the Board.

(3) If a violation is established involving a contractor, the contract may be cancelled, terminated, or suspended, in whole or in part, and the contractor may be declared ineligible for further contracts for a period of one year. The parents or guardians of students impacted by the violation shall receive notice and a copy of the decision and actions to be taken, which notice shall be provided by registered mail.

(b) The Board shall develop a policy on how a complaint under subsection (a) may be filed. The policy shall be made available on the Board's Internet website.

Section 90. Rules. The Board may adopt rules to implement this Act.