HB3247ham001 104TH GENERAL ASSEMBLY

Rep. Lilian Jiménez

Filed: 3/19/2025

10400HB3247ham001 LRB104 11044 LNS 23733 a

AMENDMENT TO HOUSE BILL 3247

AMENDMENT NO. ______. Amend House Bill 3247 by replacing everything after the enacting clause with the following:

"Section 5. The School Code is amended by adding Section 22-101 as follows:

(105 ILCS 5/22-101 new)

Sec. 22-101. Denial of free education prohibited.

(a) The purpose of this Section is to secure the right of every child to equal access to a free public education and a school that is safe from intimidation and fear, consistent with the landmark United States Supreme Court decision in Plyler v. Doe, 457 U.S. 202 (1982), as in effect on January 1, 2025, which held that it is unconstitutional for states to deny children a free public education based on immigration status. In their efforts to promote the right to educational equality established in Plyler, schools must take steps to protect the integrity of school learning environments for all children, so that no parent is discouraged from sending a child to school and no child is discouraged from attending school, including steps to protect children from the threat of immigration enforcement or other law enforcement activity on a school campus.

(b) As used in this Section:

"Citizenship or immigration status" means all matters regarding citizenship in the United States or any other country or the authority, or lack thereof, to reside in or otherwise to be present in the United States, including an individual's nationality and country of citizenship.

"Law enforcement agent" means an agent of a federal, state, or local law enforcement agency authorized with the power to arrest or detain individuals or to manage custody of detained individuals for any law enforcement purpose, including civil immigration enforcement. "Law enforcement agent" does not include a school resource officer, as defined in Section 10-20.68 of this Code.

"Nonjudicial warrant" means a warrant issued by a federal, state, or local agency authorized with the power to arrest or detain individuals or to manage custody of detained individuals for any law enforcement purpose, including civil immigration enforcement. "Nonjudicial warrant" includes immigration detainers or civil immigration warrants, as defined in Section 10 of the TRUST Act. "Nonjudicial warrant" does not include a criminal warrant issued upon a judicial determination of probable cause and in compliance with the requirements of the Fourth Amendment to the U.S. Constitution and Article I, Section 6 of the Illinois Constitution.

"Prevailing party" includes any party:

(1) who obtains some of his or her requested relief through a judicial judgment in his or her favor;

(2) who obtains some of his or her requested relief through a settlement agreement approved by the court; or

(3) whose pursuit of a nonfrivolous claim was a catalyst for a unilateral change in position by the opposing party relative to the relief sought.

"School" means every public school, school district, and governing body, including special charter districts and charter schools, organized under this Code, and their agents, including contracted parties.

(c) No child may be denied a free public education through secondary school while in this State based on the child's or associated person's perceived or actual citizenship or immigration status.

(1) A school must not exclude a child, or associated person, from participation in or deny a child, or associated person, the benefits of any program or activity on the grounds of that child's, or associated person's, actual or perceived citizenship or immigration status.

(2) A school must not use criteria, measures, or methods of administration that have the effect of excluding from participation or denying the benefits of any program or activity because of a child's, or associated person's, actual or perceived immigration status. These criteria, measures, or methods of administration include:

(A) requesting or collecting information or documentation about citizenship or immigration status, unless required by State or federal law; and

(B) designating immigration status, citizenship, place of birth, nationality, or national origin as directory information.

(3) A school must not threaten to disclose information regarding or relating to the actual or perceived citizenship or immigration status of a child, or associated person, or actually disclose information based on perceived or unverified citizenship or immigration status, to any other person, entity, or any immigration or law enforcement agency.

(4) A school must not authorize entry by a law enforcement agent to a school site or school district facility for any purpose without the law enforcement agent providing valid identification, a written statement of purpose, and a valid judicial warrant, and, to the extent possible, receiving approval from the superintendent of the school district or the superintendent's designee, or the principal of the charter school or the principal's designee, and their legal counsel, as applicable. A school district or school, whether public or charter, must not detain any individual solely on the basis of any formal or informal request or nonjudicial warrant from a law enforcement agent.

(A) A law enforcement agent that presents only a civil immigration warrant must be denied entry.

(B) If a law enforcement agent provides a judicial warrant:

(i) the school district or school, whether public or charter, shall make every feasible effort to contact the school's legal counsel, review the judicial warrant, and challenge the judicial warrant if it is determined a challenge may be brought; and

(ii) the Attorney General shall represent the school district in any cause of action brought by the school district to challenge a judicial warrant presented by a law enforcement agent to enter a school site or school district facility.

(C) Authorizing entry for a law enforcement agent under the following conditions is not a violation of this paragraph (4):

(i) the law enforcement agent reasonably believes entry is necessary to protect a person in the school from an immediate threat of serious physical injury that results in the evacuation or shelter in place of some part or all of the school; or

(ii) the law enforcement agent is in immediate pursuit of a suspect who is fleeing a crime scene and enters the school.

(d) A school district or school, whether public or charter, shall adopt a policy for complying with paragraphs (1), (2), (3), and (4) of subsection (c).

(e) Any party aggrieved by conduct that violates subsection (c) may bring a civil lawsuit. This lawsuit must be brought not later than 2 years after the violation of subsection (c). If the court finds that a violation of paragraph (1), (2), (3), or (4) of subsection (c) has occurred, the court may award to the plaintiff 3 times actual damages or $17,000, whichever is greater. The court, as it deems appropriate, may grant as relief any permanent or preliminary negative or mandatory injunction, temporary restraining order, or other order.

(f) Nothing in this Section shall be construed to require an exhaustion of the administrative complaint process before civil law remedies may be pursued.

(g) Upon motion, a court shall award reasonable attorney's fees and costs, including expert witness fees and other litigation expenses, to a plaintiff who is a prevailing party in any action brought under subsection (c). In awarding reasonable attorney's fees, the court shall consider the degree to which the relief obtained relates to the relief sought.

(h) The General Assembly finds and declares that this Section is a State law within the meaning of subsection (d) of Section 1621 of Title 8 of the United States Code.".