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