Full Text of SB0090 103rd General Assembly
SB0090sam001 103RD GENERAL ASSEMBLY | Sen. Laura M. Murphy Filed: 3/24/2023
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| 1 | | AMENDMENT TO SENATE BILL 90
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 90 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 1. This Act may be referred to as the Racism-Free | 5 | | Schools Law. | 6 | | Section 5. The School Code is amended by changing Sections | 7 | | 10-20.69, 27-23.7, 27A-5, and 34-18.62 as follows: | 8 | | (105 ILCS 5/10-20.69) | 9 | | Sec. 10-20.69. Policies Policy on sexual harassment and | 10 | | discrimination . | 11 | | (a) Each school district must create, maintain, and | 12 | | implement an age-appropriate policy on sexual harassment that | 13 | | must be posted on the school district's website and, if | 14 | | applicable, any other area where policies, rules, and | 15 | | standards of conduct are currently posted in each school and |
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| 1 | | must also be included in the school district's student code of | 2 | | conduct handbook.
| 3 | | (b) Each school district must create, implement, and | 4 | | maintain an age-appropriate policy on race-related harassment | 5 | | and discrimination. This policy must be in compliance with and | 6 | | distributed in accordance with Section 5A-103 of the Illinois | 7 | | Human Rights Act. | 8 | | (Source: P.A. 101-418, eff. 1-1-20; 102-558, eff. 8-20-21.) | 9 | | (105 ILCS 5/27-23.7) | 10 | | Sec. 27-23.7. Bullying prevention. | 11 | | (a) The General Assembly finds that a safe and civil | 12 | | school environment is necessary for students to learn and | 13 | | achieve and that bullying causes physical, psychological, and | 14 | | emotional harm to students and interferes with students' | 15 | | ability to learn and participate in school activities. The | 16 | | General Assembly further finds that bullying has been linked | 17 | | to other forms of antisocial behavior, such as vandalism, | 18 | | shoplifting, skipping and dropping out of school, fighting, | 19 | | using drugs and alcohol, sexual harassment, and sexual | 20 | | violence. Because of the negative outcomes associated with | 21 | | bullying in schools, the General Assembly finds that school | 22 | | districts, charter schools, and non-public, non-sectarian | 23 | | elementary and secondary schools should educate students, | 24 | | parents, and school district, charter school, or non-public, | 25 | | non-sectarian elementary or secondary school personnel about |
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| 1 | | what behaviors constitute prohibited bullying. | 2 | | Bullying on the basis of actual or perceived race, color, | 3 | | religion, sex, national origin, ancestry, age, marital status, | 4 | | physical or mental disability, military status, sexual | 5 | | orientation, gender-related identity or expression, | 6 | | unfavorable discharge from military service, association with | 7 | | a person or group with one or more of the aforementioned actual | 8 | | or perceived characteristics, or any other distinguishing | 9 | | characteristic is prohibited in all school districts, charter | 10 | | schools, and non-public, non-sectarian elementary and | 11 | | secondary schools.
No student shall be subjected to bullying: | 12 | | (1) during any school-sponsored education program or | 13 | | activity; | 14 | | (2) while in school, on school property, on school | 15 | | buses or other school vehicles, at designated school bus | 16 | | stops waiting for the school bus, or at school-sponsored | 17 | | or school-sanctioned events or activities; | 18 | | (3) through the transmission of information from a | 19 | | school computer, a school computer network, or other | 20 | | similar electronic school equipment; or | 21 | | (4) through the transmission of information from a | 22 | | computer that is accessed at a nonschool-related location, | 23 | | activity, function, or program or from the use of | 24 | | technology or an electronic device that is not owned, | 25 | | leased, or used by a school district or school if the | 26 | | bullying causes a substantial disruption to the |
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| 1 | | educational process or orderly operation of a school. This | 2 | | item (4) applies only in cases in which a school | 3 | | administrator or teacher receives a report that bullying | 4 | | through this means has occurred and does not require a | 5 | | district or school to staff or monitor any | 6 | | nonschool-related activity, function, or program. | 7 | | (a-5) Nothing in this Section is intended to infringe upon | 8 | | any right to exercise free expression or the free exercise of | 9 | | religion or religiously based views protected under the First | 10 | | Amendment to the United States Constitution or under Section 3 | 11 | | of Article I of the Illinois Constitution. | 12 | | (b) In this Section:
| 13 | | "Bullying" includes "cyber-bullying" and means any severe | 14 | | or pervasive physical or verbal act or conduct, including | 15 | | communications made in writing or electronically, directed | 16 | | toward a student or students that has or can be reasonably | 17 | | predicted to have the effect of one or more of the following: | 18 | | (1) placing the student or students in reasonable fear | 19 | | of harm to the student's or students' person or property; | 20 | | (2) causing a substantially detrimental effect on the | 21 | | student's or students' physical or mental health; | 22 | | (3) substantially interfering with the student's or | 23 | | students' academic performance; or | 24 | | (4) substantially interfering with the student's or | 25 | | students' ability to participate in or benefit from the | 26 | | services, activities, or privileges provided by a school. |
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| 1 | | Bullying, as defined in this subsection (b), may take | 2 | | various forms, including without limitation one or more of the | 3 | | following: harassment, threats, intimidation, stalking, | 4 | | physical violence, sexual harassment, sexual violence, racial | 5 | | harassment, racial violence, theft, public humiliation, | 6 | | destruction of property, or retaliation for asserting or | 7 | | alleging an act of bullying. This list is meant to be | 8 | | illustrative and non-exhaustive. | 9 | | "Cyber-bullying" means bullying through the use of | 10 | | technology or any electronic communication, including without | 11 | | limitation any transfer of signs, signals, writing, images, | 12 | | sounds, data, or intelligence of any nature transmitted in | 13 | | whole or in part by a wire, radio, electromagnetic system, | 14 | | photoelectronic system, or photooptical system, including | 15 | | without limitation electronic mail, Internet communications, | 16 | | instant messages, or facsimile communications. | 17 | | "Cyber-bullying" includes the creation of a webpage or weblog | 18 | | in which the creator assumes the identity of another person or | 19 | | the knowing impersonation of another person as the author of | 20 | | posted content or messages if the creation or impersonation | 21 | | creates any of the effects enumerated in the definition of | 22 | | bullying in this Section. "Cyber-bullying" also includes the | 23 | | distribution by electronic means of a communication to more | 24 | | than one person or the posting of material on an electronic | 25 | | medium that may be accessed by one or more persons if the | 26 | | distribution or posting creates any of the effects enumerated |
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| 1 | | in the definition of bullying in this Section. | 2 | | "Policy on bullying" means a bullying prevention policy | 3 | | that meets the following criteria: | 4 | | (1) Includes the bullying definition provided in this | 5 | | Section. | 6 | | (1.5) Includes age-appropriate information about the | 7 | | definitions of harassment in elementary, secondary, or | 8 | | higher education and sexual harassment in elementary, | 9 | | secondary, or higher education in accordance with the | 10 | | Illinois Human Rights Act. | 11 | | (1.10) Includes procedures for reporting harassment to | 12 | | school, State, and federal officials and the protections | 13 | | and relief available to victims of harassment under | 14 | | Articles 7A and 8A of the Illinois Human Rights Act and any | 15 | | other applicable State and federal laws. | 16 | | (2) Includes a statement that bullying is contrary to | 17 | | State law and the policy of the school district, charter | 18 | | school, or non-public, non-sectarian elementary or | 19 | | secondary school and is consistent with subsection (a-5) | 20 | | of this Section. | 21 | | (3) Includes procedures for promptly reporting | 22 | | bullying, including, but not limited to, identifying and | 23 | | providing the school e-mail address (if applicable) and | 24 | | school telephone number for the staff person or persons | 25 | | responsible for receiving such reports and a procedure for | 26 | | anonymous reporting; however, this shall not be construed |
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| 1 | | to permit formal disciplinary action solely on the basis | 2 | | of an anonymous report. | 3 | | (4) Consistent with federal and State laws and rules | 4 | | governing student privacy rights, includes procedures for | 5 | | promptly informing parents or guardians of all students | 6 | | involved in the alleged incident of bullying and | 7 | | discussing, as appropriate, the availability of social | 8 | | work services, counseling, school psychological services, | 9 | | other interventions, and restorative measures. | 10 | | (5) Contains procedures for promptly investigating and | 11 | | addressing reports of bullying, including the following: | 12 | | (A) Making all reasonable efforts to complete the | 13 | | investigation within 10 school days after the date the | 14 | | report of the incident of bullying was received and | 15 | | taking into consideration additional relevant | 16 | | information received during the course of the | 17 | | investigation about the reported incident of bullying. | 18 | | (B) Involving appropriate school support personnel | 19 | | and other staff persons with knowledge, experience, | 20 | | and training on bullying prevention, as deemed | 21 | | appropriate, in the investigation process and | 22 | | including one or more persons designated by the school | 23 | | with the appropriate knowledge, experience, or | 24 | | training to identify harassment and the authority to | 25 | | implement appropriate procedures and protections in | 26 | | cases of harassment . |
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| 1 | | (C) Notifying the principal or school | 2 | | administrator or his or her designee of the report of | 3 | | the incident of bullying as soon as possible after the | 4 | | report is received. | 5 | | (D) Consistent with federal and State laws and | 6 | | rules governing student privacy rights, providing | 7 | | parents and guardians of the students who are parties | 8 | | to the investigation information about the | 9 | | investigation and an opportunity to meet with the | 10 | | principal or school administrator or his or her | 11 | | designee to discuss the investigation, the findings of | 12 | | the investigation, and the actions taken to address | 13 | | the reported incident of bullying. | 14 | | (6) Includes the interventions that can be taken to | 15 | | address bullying, which may include, but are not limited | 16 | | to, school social work services, restorative measures, | 17 | | social-emotional skill building, counseling, school | 18 | | psychological services, and community-based services. | 19 | | (7) Includes a statement prohibiting reprisal or | 20 | | retaliation against any person who reports an act of | 21 | | bullying and the consequences and appropriate remedial | 22 | | actions for a person who engages in reprisal or | 23 | | retaliation. | 24 | | (8) Includes consequences and appropriate remedial | 25 | | actions for a person found to have falsely accused another | 26 | | of bullying as a means of retaliation or as a means of |
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| 1 | | bullying. | 2 | | (9) Is based on the engagement of a range of school | 3 | | stakeholders, including students and parents or guardians. | 4 | | (10) Is posted on the school district's, charter
| 5 | | school's, or non-public, non-sectarian elementary or
| 6 | | secondary school's existing Internet website, is
included | 7 | | in the student handbook, and, where applicable,
posted | 8 | | where other policies, rules, and standards of
conduct are | 9 | | currently posted in the school and provided periodically | 10 | | throughout the school year to students and faculty, and is
| 11 | | distributed annually to parents, guardians, students, and
| 12 | | school personnel, including new employees when hired. | 13 | | (11) As part of the process of reviewing and | 14 | | re-evaluating the policy under subsection (d) of this | 15 | | Section, contains a policy evaluation process to assess | 16 | | the outcomes and effectiveness of the policy that | 17 | | includes, but is not limited to, factors such as the | 18 | | frequency of victimization; the number and percentages of | 19 | | bullying incidents that also constitute harassment in | 20 | | elementary, secondary, or higher education under the | 21 | | Illinois Human Rights Act; student, staff, and family | 22 | | observations of safety at a school; identification of | 23 | | areas of a school where bullying occurs; the types of | 24 | | bullying utilized; and bystander intervention or | 25 | | participation. The school district, charter school, or | 26 | | non-public, non-sectarian elementary or secondary school |
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| 1 | | may use relevant data and information it already collects | 2 | | for other purposes in the policy evaluation. The | 3 | | information developed as a result of the policy evaluation | 4 | | must be made available on the Internet website of the | 5 | | school district, charter school, or non-public, | 6 | | non-sectarian elementary or secondary school. If an | 7 | | Internet website is not available, the information must be | 8 | | provided to school administrators, school board members, | 9 | | school personnel, parents, guardians, and students. | 10 | | (12) Is consistent with the policies of the school | 11 | | board, charter school, or non-public, non-sectarian | 12 | | elementary or secondary school. | 13 | | "Restorative measures" means a continuum of school-based | 14 | | alternatives to exclusionary discipline, such as suspensions | 15 | | and expulsions, that: (i) are adapted to the particular needs | 16 | | of the school and community, (ii) contribute to maintaining | 17 | | school safety, (iii) protect the integrity of a positive and | 18 | | productive learning climate, (iv) teach students the personal | 19 | | and interpersonal skills they will need to be successful in | 20 | | school and society, (v) serve to build and restore | 21 | | relationships among students, families, schools, and | 22 | | communities, (vi) reduce the likelihood of future disruption | 23 | | by balancing accountability with an understanding of students' | 24 | | behavioral health needs in order to keep students in school, | 25 | | and (vii) increase student accountability if the incident of | 26 | | bullying is based on religion, race, ethnicity, or any other |
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| 1 | | category that is identified in the Illinois Human Rights Act. | 2 | | "School personnel" means persons employed by, on contract | 3 | | with, or who volunteer in a school district, charter school, | 4 | | or non-public, non-sectarian elementary or secondary school, | 5 | | including without limitation school and school district | 6 | | administrators, teachers, school social workers, school | 7 | | counselors, school psychologists, school nurses, cafeteria | 8 | | workers, custodians, bus drivers, school resource officers, | 9 | | and security guards. | 10 | | (c) (Blank).
| 11 | | (d) Each school district, charter school, and non-public, | 12 | | non-sectarian elementary or secondary school shall create, | 13 | | maintain, and implement a policy on bullying, which policy | 14 | | must be filed with the State Board of Education. The policy or | 15 | | implementing procedure shall include a process to investigate | 16 | | whether a reported act of bullying is within the permissible | 17 | | scope of the district's or school's jurisdiction and whether | 18 | | the reported act of bullying meets the threshold for | 19 | | harassment in elementary, secondary, or higher education under | 20 | | the Illinois Human Rights Act and shall require that the | 21 | | district or school provide the victim with information | 22 | | regarding services that are available within the district and | 23 | | community, such as counseling, support services, and other | 24 | | programs , and the protections and relief available under | 25 | | Articles 7A and 8A of the Illinois Human Rights Act in cases in | 26 | | which the reported act of bullying meets the threshold for |
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| 1 | | harassment in elementary, secondary, or higher education under | 2 | | the Illinois Human Rights Act . School personnel available for | 3 | | help with a bully or to make a report about bullying shall be | 4 | | made known to parents or legal guardians, students, and school | 5 | | personnel. Every 2 years, each school district, charter | 6 | | school, and non-public, non-sectarian elementary or secondary | 7 | | school shall conduct a review and re-evaluation of its policy | 8 | | and make any necessary and appropriate revisions , including | 9 | | revisions that prevent harassment if appropriate . No later | 10 | | than September 30 of the subject year, the policy must be filed | 11 | | with the State Board of Education after being updated. The | 12 | | State Board of Education shall monitor and provide technical | 13 | | support for the implementation of policies created under this | 14 | | subsection (d). In monitoring the implementation of the | 15 | | policies, the State Board of Education shall review each filed | 16 | | policy on bullying to ensure all policies meet the | 17 | | requirements set forth in this Section, including ensuring | 18 | | that each policy meets the 12 criterion identified within the | 19 | | definition of "policy on bullying" set forth in this Section. | 20 | | If a school district, charter school, or non-public, | 21 | | non-sectarian elementary or secondary school fails to file a | 22 | | policy on bullying by September 30 of the subject year, the | 23 | | State Board of Education shall provide a written request for | 24 | | filing to the school district, charter school, or non-public, | 25 | | non-sectarian elementary or secondary school. If a school | 26 | | district, charter school, or non-public, non-sectarian |
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| 1 | | elementary or secondary school fails to file a policy on | 2 | | bullying within 14 days of receipt of the aforementioned | 3 | | written request, the State Board of Education shall publish | 4 | | notice of the non-compliance on the State Board of Education's | 5 | | website. | 6 | | (e) This Section shall not be interpreted to prevent a | 7 | | victim from seeking redress under any other available civil or | 8 | | criminal law.
| 9 | | (Source: P.A. 102-197, eff. 7-30-21; 102-241, eff. 8-3-21; | 10 | | 102-813, eff. 5-13-22; 102-894, eff. 5-20-22.)
| 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 |
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| 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 |
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| 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 |
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| 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, |
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| 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 |
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| 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; |
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| 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 ; and . | 24 | | (33) Sections 10-20.69 and 34-18.62 of this Code. | 25 | | The change made by Public Act 96-104 to this subsection | 26 | | (g) is declaratory of existing law. |
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| 1 | | (h) A charter school may negotiate and contract with a | 2 | | school district, the
governing body of a State college or | 3 | | university or public community college, or
any other public or | 4 | | for-profit or nonprofit private entity for: (i) the use
of a | 5 | | school building and grounds or any other real property or | 6 | | facilities that
the charter school desires to use or convert | 7 | | for use as a charter school site,
(ii) the operation and | 8 | | maintenance thereof, and
(iii) the provision of any service, | 9 | | activity, or undertaking that the charter
school is required | 10 | | to perform in order to carry out the terms of its charter.
| 11 | | However, a charter school
that is established on
or
after | 12 | | April 16, 2003 (the effective date of Public Act 93-3) and that | 13 | | operates
in a city having a population exceeding
500,000 may | 14 | | not contract with a for-profit entity to
manage or operate the | 15 | | school during the period that commences on April 16, 2003 (the
| 16 | | effective date of Public Act 93-3) and
concludes at the end of | 17 | | the 2004-2005 school year.
Except as provided in subsection | 18 | | (i) of this Section, a school district may
charge a charter | 19 | | school reasonable rent for the use of the district's
| 20 | | buildings, grounds, and facilities. Any services for which a | 21 | | charter school
contracts
with a school district shall be | 22 | | provided by the district at cost. Any services
for which a | 23 | | charter school contracts with a local school board or with the
| 24 | | governing body of a State college or university or public | 25 | | community college
shall be provided by the public entity at | 26 | | cost.
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| 1 | | (i) In no event shall a charter school that is established | 2 | | by converting an
existing school or attendance center to | 3 | | charter school status be required to
pay rent for space
that is | 4 | | deemed available, as negotiated and provided in the charter | 5 | | agreement,
in school district
facilities. However, all other | 6 | | costs for the operation and maintenance of
school district | 7 | | facilities that are used by the charter school shall be | 8 | | subject
to negotiation between
the charter school and the | 9 | | local school board and shall be set forth in the
charter.
| 10 | | (j) A charter school may limit student enrollment by age | 11 | | or grade level.
| 12 | | (k) If the charter school is approved by the State Board or | 13 | | Commission, then the charter school is its own local education | 14 | | agency. | 15 | | (Source: P.A. 101-50, eff. 7-1-20; 101-81, eff. 7-12-19; | 16 | | 101-291, eff. 1-1-20; 101-531, eff. 8-23-19; 101-543, eff. | 17 | | 8-23-19; 101-654, eff. 3-8-21; 102-51, eff. 7-9-21; 102-157, | 18 | | eff. 7-1-22; 102-360, eff. 1-1-22; 102-445, eff. 8-20-21; | 19 | | 102-522, eff. 8-20-21; 102-558, eff. 8-20-21; 102-676, eff. | 20 | | 12-3-21; 102-697, eff. 4-5-22; 102-805, eff. 1-1-23; 102-813, | 21 | | eff. 5-13-22; revised 12-13-22.) | 22 | | (Text of Section after amendment by P.A. 102-702 but | 23 | | before amendment by P.A. 102-466 ) | 24 | | Sec. 27A-5. Charter school; legal entity; requirements.
| 25 | | (a) A charter school shall be a public, nonsectarian, |
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| 1 | | nonreligious, non-home
based, and non-profit school. A charter | 2 | | school shall be organized and operated
as a nonprofit | 3 | | corporation or other discrete, legal, nonprofit entity
| 4 | | authorized under the laws of the State of Illinois.
| 5 | | (b) A charter school may be established under this Article | 6 | | by creating a new
school or by converting an existing public | 7 | | school or attendance center to
charter
school status.
| 8 | | Beginning on April 16, 2003 (the effective date of Public Act | 9 | | 93-3), in all new
applications to establish
a charter
school | 10 | | in a city having a population exceeding 500,000, operation of | 11 | | the
charter
school shall be limited to one campus. The changes | 12 | | made to this Section by Public Act 93-3 do not apply to charter | 13 | | schools existing or approved on or before April 16, 2003 (the
| 14 | | effective date of Public Act 93-3). | 15 | | (b-5) In this subsection (b-5), "virtual-schooling" means | 16 | | a cyber school where students engage in online curriculum and | 17 | | instruction via the Internet and electronic communication with | 18 | | their teachers at remote locations and with students | 19 | | participating at different times. | 20 | | From April 1, 2013 through December 31, 2016, there is a | 21 | | moratorium on the establishment of charter schools with | 22 | | virtual-schooling components in school districts other than a | 23 | | school district organized under Article 34 of this Code. This | 24 | | moratorium does not apply to a charter school with | 25 | | virtual-schooling components existing or approved prior to | 26 | | April 1, 2013 or to the renewal of the charter of a charter |
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| 1 | | school with virtual-schooling components already approved | 2 | | prior to April 1, 2013.
| 3 | | (c) A charter school shall be administered and governed by | 4 | | its board of
directors or other governing body
in the manner | 5 | | provided in its charter. The governing body of a charter | 6 | | school
shall be subject to the Freedom of Information Act and | 7 | | the Open Meetings Act. No later than January 1, 2021 (one year | 8 | | after the effective date of Public Act 101-291), a charter | 9 | | school's board of directors or other governing body must | 10 | | include at least one parent or guardian of a pupil currently | 11 | | enrolled in the charter school who may be selected through the | 12 | | charter school or a charter network election, appointment by | 13 | | the charter school's board of directors or other governing | 14 | | body, or by the charter school's Parent Teacher Organization | 15 | | or its equivalent. | 16 | | (c-5) No later than January 1, 2021 (one year after the | 17 | | effective date of Public Act 101-291) or within the first year | 18 | | of his or her first term, every voting member of a charter | 19 | | school's board of directors or other governing body shall | 20 | | complete a minimum of 4 hours of professional development | 21 | | leadership training to ensure that each member has sufficient | 22 | | familiarity with the board's or governing body's role and | 23 | | responsibilities, including financial oversight and | 24 | | accountability of the school, evaluating the principal's and | 25 | | school's performance, adherence to the Freedom of Information | 26 | | Act and the Open Meetings Act, and compliance with education |
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| 1 | | and labor law. In each subsequent year of his or her term, a | 2 | | voting member of a charter school's board of directors or | 3 | | other governing body shall complete a minimum of 2 hours of | 4 | | professional development training in these same areas. The | 5 | | training under this subsection may be provided or certified by | 6 | | a statewide charter school membership association or may be | 7 | | provided or certified by other qualified providers approved by | 8 | | the State Board of Education.
| 9 | | (d) For purposes of this subsection (d), "non-curricular | 10 | | health and safety requirement" means any health and safety | 11 | | requirement created by statute or rule to provide, maintain, | 12 | | preserve, or safeguard safe or healthful conditions for | 13 | | students and school personnel or to eliminate, reduce, or | 14 | | prevent threats to the health and safety of students and | 15 | | school personnel. "Non-curricular health and safety | 16 | | requirement" does not include any course of study or | 17 | | specialized instructional requirement for which the State | 18 | | Board has established goals and learning standards or which is | 19 | | designed primarily to impart knowledge and skills for students | 20 | | to master and apply as an outcome of their education. | 21 | | A charter school shall comply with all non-curricular | 22 | | health and safety
requirements applicable to public schools | 23 | | under the laws of the State of
Illinois. On or before September | 24 | | 1, 2015, the State Board shall promulgate and post on its | 25 | | Internet website a list of non-curricular health and safety | 26 | | requirements that a charter school must meet. The list shall |
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| 1 | | be updated annually no later than September 1. Any charter | 2 | | contract between a charter school and its authorizer must | 3 | | contain a provision that requires the charter school to follow | 4 | | the list of all non-curricular health and safety requirements | 5 | | promulgated by the State Board and any non-curricular health | 6 | | and safety requirements added by the State Board to such list | 7 | | during the term of the charter. Nothing in this subsection (d) | 8 | | precludes an authorizer from including non-curricular health | 9 | | and safety requirements in a charter school contract that are | 10 | | not contained in the list promulgated by the State Board, | 11 | | including non-curricular health and safety requirements of the | 12 | | authorizing local school board.
| 13 | | (e) Except as otherwise provided in the School Code, a | 14 | | charter school shall
not charge tuition; provided that a | 15 | | charter school may charge reasonable fees
for textbooks, | 16 | | instructional materials, and student activities.
| 17 | | (f) A charter school shall be responsible for the | 18 | | management and operation
of its fiscal affairs, including,
but | 19 | | not limited to, the preparation of its budget. An audit of each | 20 | | charter
school's finances shall be conducted annually by an | 21 | | outside, independent
contractor retained by the charter | 22 | | school. The contractor shall not be an employee of the charter | 23 | | school or affiliated with the charter school or its authorizer | 24 | | in any way, other than to audit the charter school's finances. | 25 | | To ensure financial accountability for the use of public | 26 | | funds, on or before December 1 of every year of operation, each |
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| 1 | | charter school shall submit to its authorizer and the State | 2 | | Board a copy of its audit and a copy of the Form 990 the | 3 | | charter school filed that year with the federal Internal | 4 | | Revenue Service. In addition, if deemed necessary for proper | 5 | | financial oversight of the charter school, an authorizer may | 6 | | require quarterly financial statements from each charter | 7 | | school.
| 8 | | (g) A charter school shall comply with all provisions of | 9 | | this Article, the Illinois Educational Labor Relations Act, | 10 | | all federal and State laws and rules applicable to public | 11 | | schools that pertain to special education and the instruction | 12 | | of English learners, and
its charter. A charter
school is | 13 | | exempt from all other State laws and regulations in this Code
| 14 | | governing public
schools and local school board policies; | 15 | | however, a charter school is not exempt from the following:
| 16 | | (1) Sections 10-21.9 and 34-18.5 of this Code | 17 | | regarding criminal
history records checks and checks of | 18 | | the Statewide Sex Offender Database and Statewide Murderer | 19 | | and Violent Offender Against Youth Database of applicants | 20 | | for employment;
| 21 | | (2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and | 22 | | 34-84a of this Code regarding discipline of
students;
| 23 | | (3) the Local Governmental and Governmental Employees | 24 | | Tort Immunity Act;
| 25 | | (4) Section 108.75 of the General Not For Profit | 26 | | Corporation Act of 1986
regarding indemnification of |
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| 1 | | officers, directors, employees, and agents;
| 2 | | (5) the Abused and Neglected Child Reporting Act;
| 3 | | (5.5) subsection (b) of Section 10-23.12 and | 4 | | subsection (b) of Section 34-18.6 of this Code; | 5 | | (6) the Illinois School Student Records Act;
| 6 | | (7) Section 10-17a of this Code regarding school | 7 | | report cards;
| 8 | | (8) the P-20 Longitudinal Education Data System Act; | 9 | | (9) Section 27-23.7 of this Code regarding bullying | 10 | | prevention; | 11 | | (10) Section 2-3.162 of this Code regarding student | 12 | | discipline reporting; | 13 | | (11) Sections 22-80 and 27-8.1 of this Code; | 14 | | (12) Sections 10-20.60 and 34-18.53 of this Code; | 15 | | (13) Sections 10-20.63 and 34-18.56 of this Code; | 16 | | (14) Sections 22-90 and 26-18 of this Code; | 17 | | (15) Section 22-30 of this Code; | 18 | | (16) Sections 24-12 and 34-85 of this Code; | 19 | | (17) the Seizure Smart School Act; | 20 | | (18) Section 2-3.64a-10 of this Code; | 21 | | (19) Sections 10-20.73 and 34-21.9 of this Code; | 22 | | (20) Section 10-22.25b of this Code; | 23 | | (21) Section 27-9.1a of this Code; | 24 | | (22) Section 27-9.1b of this Code; | 25 | | (23) Section 34-18.8 of this Code; and | 26 | | (25) Section 2-3.188 of this Code; |
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| 1 | | (26) Section 22-85.5 of this Code; | 2 | | (27) subsections Subsections (d-10), (d-15), and | 3 | | (d-20) of Section 10-20.56 of this Code; and | 4 | | (28) Sections 10-20.83 and 34-18.78 of this Code ; . | 5 | | (29) (27) Section 10-20.13 of this Code; | 6 | | (30) (28) Section 28-19.2 of this Code; and | 7 | | (31) (29) Section 34-21.6 of this Code ; . | 8 | | (32) (25) Section 22-85.10 of this Code ; and . | 9 | | (33) Sections 10-20.69 and 34-18.62 of this Code. | 10 | | The change made by Public Act 96-104 to this subsection | 11 | | (g) is declaratory of existing law. | 12 | | (h) A charter school may negotiate and contract with a | 13 | | school district, the
governing body of a State college or | 14 | | university or public community college, or
any other public or | 15 | | for-profit or nonprofit private entity for: (i) the use
of a | 16 | | school building and grounds or any other real property or | 17 | | facilities that
the charter school desires to use or convert | 18 | | for use as a charter school site,
(ii) the operation and | 19 | | maintenance thereof, and
(iii) the provision of any service, | 20 | | activity, or undertaking that the charter
school is required | 21 | | to perform in order to carry out the terms of its charter.
| 22 | | However, a charter school
that is established on
or
after | 23 | | April 16, 2003 (the effective date of Public Act 93-3) and that | 24 | | operates
in a city having a population exceeding
500,000 may | 25 | | not contract with a for-profit entity to
manage or operate the | 26 | | school during the period that commences on April 16, 2003 (the
|
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| 1 | | effective date of Public Act 93-3) and
concludes at the end of | 2 | | the 2004-2005 school year.
Except as provided in subsection | 3 | | (i) of this Section, a school district may
charge a charter | 4 | | school reasonable rent for the use of the district's
| 5 | | buildings, grounds, and facilities. Any services for which a | 6 | | charter school
contracts
with a school district shall be | 7 | | provided by the district at cost. Any services
for which a | 8 | | charter school contracts with a local school board or with the
| 9 | | governing body of a State college or university or public | 10 | | community college
shall be provided by the public entity at | 11 | | cost.
| 12 | | (i) In no event shall a charter school that is established | 13 | | by converting an
existing school or attendance center to | 14 | | charter school status be required to
pay rent for space
that is | 15 | | deemed available, as negotiated and provided in the charter | 16 | | agreement,
in school district
facilities. However, all other | 17 | | costs for the operation and maintenance of
school district | 18 | | facilities that are used by the charter school shall be | 19 | | subject
to negotiation between
the charter school and the | 20 | | local school board and shall be set forth in the
charter.
| 21 | | (j) A charter school may limit student enrollment by age | 22 | | or grade level.
| 23 | | (k) If the charter school is approved by the State Board or | 24 | | Commission, then the charter school is its own local education | 25 | | agency. | 26 | | (Source: P.A. 101-50, eff. 7-1-20; 101-81, eff. 7-12-19; |
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| 1 | | 101-291, eff. 1-1-20; 101-531, eff. 8-23-19; 101-543, eff. | 2 | | 8-23-19; 101-654, eff. 3-8-21; 102-51, eff. 7-9-21; 102-157, | 3 | | eff. 7-1-22; 102-360, eff. 1-1-22; 102-445, eff. 8-20-21; | 4 | | 102-522, eff. 8-20-21; 102-558, eff. 8-20-21; 102-676, eff. | 5 | | 12-3-21; 102-697, eff. 4-5-22; 102-702, eff. 7-1-23; 102-805, | 6 | | eff. 1-1-23; 102-813, eff. 5-13-22; revised 12-13-22.) | 7 | | (Text of Section after amendment by P.A. 102-466 ) | 8 | | Sec. 27A-5. Charter school; legal entity; requirements.
| 9 | | (a) A charter school shall be a public, nonsectarian, | 10 | | nonreligious, non-home
based, and non-profit school. A charter | 11 | | school shall be organized and operated
as a nonprofit | 12 | | corporation or other discrete, legal, nonprofit entity
| 13 | | authorized under the laws of the State of Illinois.
| 14 | | (b) A charter school may be established under this Article | 15 | | by creating a new
school or by converting an existing public | 16 | | school or attendance center to
charter
school status.
| 17 | | Beginning on April 16, 2003 (the effective date of Public Act | 18 | | 93-3), in all new
applications to establish
a charter
school | 19 | | in a city having a population exceeding 500,000, operation of | 20 | | the
charter
school shall be limited to one campus. The changes | 21 | | made to this Section by Public Act 93-3 do not apply to charter | 22 | | schools existing or approved on or before April 16, 2003 (the
| 23 | | effective date of Public Act 93-3). | 24 | | (b-5) In this subsection (b-5), "virtual-schooling" means | 25 | | a cyber school where students engage in online curriculum and |
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| 1 | | instruction via the Internet and electronic communication with | 2 | | their teachers at remote locations and with students | 3 | | participating at different times. | 4 | | From April 1, 2013 through December 31, 2016, there is a | 5 | | moratorium on the establishment of charter schools with | 6 | | virtual-schooling components in school districts other than a | 7 | | school district organized under Article 34 of this Code. This | 8 | | moratorium does not apply to a charter school with | 9 | | virtual-schooling components existing or approved prior to | 10 | | April 1, 2013 or to the renewal of the charter of a charter | 11 | | school with virtual-schooling components already approved | 12 | | prior to April 1, 2013.
| 13 | | (c) A charter school shall be administered and governed by | 14 | | its board of
directors or other governing body
in the manner | 15 | | provided in its charter. The governing body of a charter | 16 | | school
shall be subject to the Freedom of Information Act and | 17 | | the Open Meetings Act. No later than January 1, 2021 (one year | 18 | | after the effective date of Public Act 101-291), a charter | 19 | | school's board of directors or other governing body must | 20 | | include at least one parent or guardian of a pupil currently | 21 | | enrolled in the charter school who may be selected through the | 22 | | charter school or a charter network election, appointment by | 23 | | the charter school's board of directors or other governing | 24 | | body, or by the charter school's Parent Teacher Organization | 25 | | or its equivalent. | 26 | | (c-5) No later than January 1, 2021 (one year after the |
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| 1 | | effective date of Public Act 101-291) or within the first year | 2 | | of his or her first term, every voting member of a charter | 3 | | school's board of directors or other governing body shall | 4 | | complete a minimum of 4 hours of professional development | 5 | | leadership training to ensure that each member has sufficient | 6 | | familiarity with the board's or governing body's role and | 7 | | responsibilities, including financial oversight and | 8 | | accountability of the school, evaluating the principal's and | 9 | | school's performance, adherence to the Freedom of Information | 10 | | Act and the Open Meetings Act, and compliance with education | 11 | | and labor law. In each subsequent year of his or her term, a | 12 | | voting member of a charter school's board of directors or | 13 | | other governing body shall complete a minimum of 2 hours of | 14 | | professional development training in these same areas. The | 15 | | training under this subsection may be provided or certified by | 16 | | a statewide charter school membership association or may be | 17 | | provided or certified by other qualified providers approved by | 18 | | the State Board of Education.
| 19 | | (d) For purposes of this subsection (d), "non-curricular | 20 | | health and safety requirement" means any health and safety | 21 | | requirement created by statute or rule to provide, maintain, | 22 | | preserve, or safeguard safe or healthful conditions for | 23 | | students and school personnel or to eliminate, reduce, or | 24 | | prevent threats to the health and safety of students and | 25 | | school personnel. "Non-curricular health and safety | 26 | | requirement" does not include any course of study or |
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| 1 | | specialized instructional requirement for which the State | 2 | | Board has established goals and learning standards or which is | 3 | | designed primarily to impart knowledge and skills for students | 4 | | to master and apply as an outcome of their education. | 5 | | A charter school shall comply with all non-curricular | 6 | | health and safety
requirements applicable to public schools | 7 | | under the laws of the State of
Illinois. On or before September | 8 | | 1, 2015, the State Board shall promulgate and post on its | 9 | | Internet website a list of non-curricular health and safety | 10 | | requirements that a charter school must meet. The list shall | 11 | | be updated annually no later than September 1. Any charter | 12 | | contract between a charter school and its authorizer must | 13 | | contain a provision that requires the charter school to follow | 14 | | the list of all non-curricular health and safety requirements | 15 | | promulgated by the State Board and any non-curricular health | 16 | | and safety requirements added by the State Board to such list | 17 | | during the term of the charter. Nothing in this subsection (d) | 18 | | precludes an authorizer from including non-curricular health | 19 | | and safety requirements in a charter school contract that are | 20 | | not contained in the list promulgated by the State Board, | 21 | | including non-curricular health and safety requirements of the | 22 | | authorizing local school board.
| 23 | | (e) Except as otherwise provided in the School Code, a | 24 | | charter school shall
not charge tuition; provided that a | 25 | | charter school may charge reasonable fees
for textbooks, | 26 | | instructional materials, and student activities.
|
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| 1 | | (f) A charter school shall be responsible for the | 2 | | management and operation
of its fiscal affairs, including,
but | 3 | | not limited to, the preparation of its budget. An audit of each | 4 | | charter
school's finances shall be conducted annually by an | 5 | | outside, independent
contractor retained by the charter | 6 | | school. The contractor shall not be an employee of the charter | 7 | | school or affiliated with the charter school or its authorizer | 8 | | in any way, other than to audit the charter school's finances. | 9 | | To ensure financial accountability for the use of public | 10 | | funds, on or before December 1 of every year of operation, each | 11 | | charter school shall submit to its authorizer and the State | 12 | | Board a copy of its audit and a copy of the Form 990 the | 13 | | charter school filed that year with the federal Internal | 14 | | Revenue Service. In addition, if deemed necessary for proper | 15 | | financial oversight of the charter school, an authorizer may | 16 | | require quarterly financial statements from each charter | 17 | | school.
| 18 | | (g) A charter school shall comply with all provisions of | 19 | | this Article, the Illinois Educational Labor Relations Act, | 20 | | all federal and State laws and rules applicable to public | 21 | | schools that pertain to special education and the instruction | 22 | | of English learners, and
its charter. A charter
school is | 23 | | exempt from all other State laws and regulations in this Code
| 24 | | governing public
schools and local school board policies; | 25 | | however, a charter school is not exempt from the following:
| 26 | | (1) Sections 10-21.9 and 34-18.5 of this Code |
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| 1 | | regarding criminal
history records checks and checks of | 2 | | the Statewide Sex Offender Database and Statewide Murderer | 3 | | and Violent Offender Against Youth Database of applicants | 4 | | for employment;
| 5 | | (2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and | 6 | | 34-84a of this Code regarding discipline of
students;
| 7 | | (3) the Local Governmental and Governmental Employees | 8 | | Tort Immunity Act;
| 9 | | (4) Section 108.75 of the General Not For Profit | 10 | | Corporation Act of 1986
regarding indemnification of | 11 | | officers, directors, employees, and agents;
| 12 | | (5) the Abused and Neglected Child Reporting Act;
| 13 | | (5.5) subsection (b) of Section 10-23.12 and | 14 | | subsection (b) of Section 34-18.6 of this Code; | 15 | | (6) the Illinois School Student Records Act;
| 16 | | (7) Section 10-17a of this Code regarding school | 17 | | report cards;
| 18 | | (8) the P-20 Longitudinal Education Data System Act; | 19 | | (9) Section 27-23.7 of this Code regarding bullying | 20 | | prevention; | 21 | | (10) Section 2-3.162 of this Code regarding student | 22 | | discipline reporting; | 23 | | (11) Sections 22-80 and 27-8.1 of this Code; | 24 | | (12) Sections 10-20.60 and 34-18.53 of this Code; | 25 | | (13) Sections 10-20.63 and 34-18.56 of this Code; | 26 | | (14) Sections 22-90 and 26-18 of this Code; |
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| 1 | | (15) Section 22-30 of this Code; | 2 | | (16) Sections 24-12 and 34-85 of this Code; | 3 | | (17) the Seizure Smart School Act; | 4 | | (18) Section 2-3.64a-10 of this Code; | 5 | | (19) Sections 10-20.73 and 34-21.9 of this Code; | 6 | | (20) Section 10-22.25b of this Code; | 7 | | (21) Section 27-9.1a of this Code; | 8 | | (22) Section 27-9.1b of this Code; | 9 | | (23) Section 34-18.8 of this Code; | 10 | | (24) Article 26A of this Code; and | 11 | | (25) Section 2-3.188 of this Code; | 12 | | (26) Section 22-85.5 of this Code; | 13 | | (27) subsections Subsections (d-10), (d-15), and | 14 | | (d-20) of Section 10-20.56 of this Code; and | 15 | | (28) Sections 10-20.83 and 34-18.78 of this Code ; . | 16 | | (29) (27) Section 10-20.13 of this Code; | 17 | | (30) (28) Section 28-19.2 of this Code; and | 18 | | (31) (29) Section 34-21.6 of this Code . | 19 | | (32) (25) Section 22-85.10 of this Code ; and . | 20 | | (33) Sections 10-20.69 and 34-18.62 of this Code. | 21 | | The change made by Public Act 96-104 to this subsection | 22 | | (g) is declaratory of existing law. | 23 | | (h) A charter school may negotiate and contract with a | 24 | | school district, the
governing body of a State college or | 25 | | university or public community college, or
any other public or | 26 | | for-profit or nonprofit private entity for: (i) the use
of a |
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| 1 | | school building and grounds or any other real property or | 2 | | facilities that
the charter school desires to use or convert | 3 | | for use as a charter school site,
(ii) the operation and | 4 | | maintenance thereof, and
(iii) the provision of any service, | 5 | | activity, or undertaking that the charter
school is required | 6 | | to perform in order to carry out the terms of its charter.
| 7 | | However, a charter school
that is established on
or
after | 8 | | April 16, 2003 (the effective date of Public Act 93-3) and that | 9 | | operates
in a city having a population exceeding
500,000 may | 10 | | not contract with a for-profit entity to
manage or operate the | 11 | | school during the period that commences on April 16, 2003 (the
| 12 | | effective date of Public Act 93-3) and
concludes at the end of | 13 | | the 2004-2005 school year.
Except as provided in subsection | 14 | | (i) of this Section, a school district may
charge a charter | 15 | | school reasonable rent for the use of the district's
| 16 | | buildings, grounds, and facilities. Any services for which a | 17 | | charter school
contracts
with a school district shall be | 18 | | provided by the district at cost. Any services
for which a | 19 | | charter school contracts with a local school board or with the
| 20 | | governing body of a State college or university or public | 21 | | community college
shall be provided by the public entity at | 22 | | cost.
| 23 | | (i) In no event shall a charter school that is established | 24 | | by converting an
existing school or attendance center to | 25 | | charter school status be required to
pay rent for space
that is | 26 | | deemed available, as negotiated and provided in the charter |
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| 1 | | agreement,
in school district
facilities. However, all other | 2 | | costs for the operation and maintenance of
school district | 3 | | facilities that are used by the charter school shall be | 4 | | subject
to negotiation between
the charter school and the | 5 | | local school board and shall be set forth in the
charter.
| 6 | | (j) A charter school may limit student enrollment by age | 7 | | or grade level.
| 8 | | (k) If the charter school is approved by the State Board or | 9 | | Commission, then the charter school is its own local education | 10 | | agency. | 11 | | (Source: P.A. 101-50, eff. 7-1-20; 101-81, eff. 7-12-19; | 12 | | 101-291, eff. 1-1-20; 101-531, eff. 8-23-19; 101-543, eff. | 13 | | 8-23-19; 101-654, eff. 3-8-21; 102-51, eff. 7-9-21; 102-157, | 14 | | eff. 7-1-22; 102-360, eff. 1-1-22; 102-445, eff. 8-20-21; | 15 | | 102-466, eff. 7-1-25; 102-522, eff. 8-20-21; 102-558, eff. | 16 | | 8-20-21; 102-676, eff. 12-3-21; 102-697, eff. 4-5-22; 102-702, | 17 | | eff. 7-1-23; 102-805, eff. 1-1-23; 102-813, eff. 5-13-22; | 18 | | revised 12-13-22.)
| 19 | | (105 ILCS 5/34-18.62)
| 20 | | Sec. 34-18.62. Policies Policy on sexual harassment and | 21 | | discrimination . | 22 | | (a) The school district must create, maintain, and | 23 | | implement an age-appropriate policy on sexual harassment that | 24 | | must be posted on the school district's website and, if | 25 | | applicable, any other area where policies, rules, and |
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| 1 | | standards of conduct are currently posted in each school and | 2 | | must also be included in the school district's student code of | 3 | | conduct handbook.
| 4 | | (b) The school district must create, implement, and | 5 | | maintain an age-appropriate policy on race-related harassment | 6 | | and discrimination. This policy must be in compliance with and | 7 | | distributed in accordance with Section 5A-103 of the Illinois | 8 | | Human Rights Act. | 9 | | (Source: P.A. 101-418, eff. 1-1-20; 102-558, eff. 8-20-21.)
| 10 | | Section 10. The Illinois Human Rights Act is amended by | 11 | | changing Sections 1-102, 5A-101, 5A-102, and 6-101 and by | 12 | | adding Section 5A-103 as follows: | 13 | | (775 ILCS 5/1-102) (from Ch. 68, par. 1-102) | 14 | | Sec. 1-102. Declaration of Policy. It is the public | 15 | | policy of this State:
| 16 | | (A) Freedom from Unlawful Discrimination. To secure for | 17 | | all individuals
within Illinois the freedom from | 18 | | discrimination against any individual because
of his or her | 19 | | race, color, religion, sex, national origin, ancestry, age, | 20 | | order of protection status,
marital status, physical or mental | 21 | | disability, military
status, sexual orientation, pregnancy, or | 22 | | unfavorable
discharge from military service in connection with | 23 | | employment, real estate
transactions, access to financial | 24 | | credit, and the availability of public
accommodations , |
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| 1 | | including elementary, secondary, and higher education | 2 | | institutions .
| 3 | | (B) Freedom from Sexual Harassment-Employment and | 4 | | Elementary, Secondary, and Higher Education.
To prevent sexual | 5 | | harassment in employment and sexual harassment in
elementary, | 6 | | secondary, and higher education.
| 7 | | (C) Freedom from Discrimination Based on Citizenship | 8 | | Status-Employment.
To prevent discrimination based on | 9 | | citizenship status in employment.
| 10 | | (C-5) Freedom from Discrimination Based on Work | 11 | | Authorization Status-Employment. To prevent discrimination | 12 | | based on the specific status or term of status that | 13 | | accompanies a legal work authorization. | 14 | | (D) Freedom from Discrimination Based on Familial Status | 15 | | or Source of Income-Real Estate
Transactions. To prevent | 16 | | discrimination based on familial status or source of income in | 17 | | real
estate transactions.
| 18 | | (E) Public Health, Welfare and Safety. To promote the | 19 | | public health,
welfare and safety by protecting the interest | 20 | | of all people in Illinois
in maintaining personal dignity, in | 21 | | realizing their full productive
capacities, and in furthering | 22 | | their interests, rights and privileges as
citizens of this | 23 | | State.
| 24 | | (F) Implementation of Constitutional Guarantees. To secure | 25 | | and
guarantee the rights established by Sections 17, 18 and 19 | 26 | | of Article I
of the Illinois Constitution of 1970.
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| 1 | | (G) Equal Opportunity, Affirmative Action. To establish | 2 | | Equal
Opportunity and Affirmative Action as the policies of | 3 | | this State in all
of its decisions, programs and activities, | 4 | | and to assure that all State
departments, boards, commissions | 5 | | and instrumentalities rigorously take
affirmative action to | 6 | | provide equality of opportunity and eliminate the
effects of | 7 | | past discrimination in the internal affairs of State
| 8 | | government and in their relations with the public.
| 9 | | (H) Unfounded Charges. To protect citizens of this State | 10 | | against
unfounded charges of unlawful discrimination, sexual | 11 | | harassment in
employment and sexual harassment in elementary, | 12 | | secondary, and higher education, race-related harassment in | 13 | | elementary, secondary, and higher education and discrimination
| 14 | | based on citizenship status or work authorization status in | 15 | | employment.
| 16 | | (Source: P.A. 102-233, eff. 8-2-21; 102-896, eff. 1-1-23 .)
| 17 | | (775 ILCS 5/5A-101) (from Ch. 68, par. 5A-101)
| 18 | | Sec. 5A-101. Definitions. The following definitions are | 19 | | applicable
strictly in the content of this Article, except | 20 | | that the terms term "sexual
harassment
in elementary, | 21 | | secondary, and
higher education" and "race related harassment | 22 | | in elementary, secondary, and higher education" as defined | 23 | | herein have has the meaning herein ascribed to those terms
it | 24 | | whenever those terms are that term is used anywhere in this | 25 | | Act.
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| 1 | | (A) Institution of Elementary, Secondary, or Higher | 2 | | Education. "Institution of elementary, secondary, or higher | 3 | | education"
means: (1) a
publicly or privately operated | 4 | | university, college,
community
college, junior college, | 5 | | business or vocational school, or other educational
| 6 | | institution offering degrees and instruction beyond the
| 7 | | secondary
school level; or
(2) a publicly or privately | 8 | | operated elementary school or secondary school.
| 9 | | (B) Degree. "Degree" means: (1) a
designation, | 10 | | appellation,
series of letters
or words or other symbols which | 11 | | signifies or purports to signify that the
recipient thereof | 12 | | has satisfactorily completed an organized academic, business
| 13 | | or vocational program of study offered beyond the
secondary
| 14 | | school level; or (2) a designation signifying that the | 15 | | recipient has
graduated from an elementary school or secondary | 16 | | school.
| 17 | | (C) Student. "Student" means any individual admitted to or | 18 | | applying for
admission to an institution of elementary, | 19 | | secondary, or higher education, or
enrolled on a full or
part | 20 | | time basis in a course or program of academic, business or | 21 | | vocational
instruction offered by or through an institution of | 22 | | elementary, secondary, or higher education.
| 23 | | (D) Elementary, Secondary, or Higher Education | 24 | | Representative. "Elementary, secondary, or higher education
| 25 | | representative"
means and includes the president, chancellor | 26 | | or other holder of any executive
office on the administrative |
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| 1 | | staff of an institution of higher education,
an administrator | 2 | | of an elementary school or secondary school, a
member of the | 3 | | faculty of an institution of higher education,
including
but | 4 | | not limited to a dean or associate or assistant dean, a | 5 | | professor or
associate or assistant professor, and a full or | 6 | | part time instructor or
visiting professor, including a | 7 | | graduate assistant or other student who
is employed on a | 8 | | temporary basis of less than full time as a teacher or
| 9 | | instructor of any course or program of academic, business or | 10 | | vocational
instruction offered by or through an institution of | 11 | | higher education, and any
teacher, instructor, or other | 12 | | employee of an elementary school or secondary school.
| 13 | | (E) Sexual Harassment in Elementary, Secondary, and Higher | 14 | | Education. "Sexual harassment in
elementary, secondary, and
| 15 | | higher
education" means any unwelcome sexual advances or | 16 | | requests for sexual favors
made by an elementary, secondary, | 17 | | or
higher
education representative to a student, or any
| 18 | | conduct of
a sexual nature exhibited by
an elementary, | 19 | | secondary, or
higher education representative
toward a
| 20 | | student, when such conduct has the purpose of substantially | 21 | | interfering
with the student's educational performance or | 22 | | creating an intimidating,
hostile or offensive educational | 23 | | environment; or when the elementary, secondary, or higher | 24 | | education
representative either explicitly or implicitly makes | 25 | | the student's submission
to such conduct a term or condition | 26 | | of, or uses the student's submission
to or rejection of such |
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| 1 | | conduct as a basis for determining:
| 2 | | (1) Whether the student will be admitted to an | 3 | | institution
of elementary, secondary, or higher education;
| 4 | | (2) The educational performance required or expected | 5 | | of the student;
| 6 | | (3) The attendance or assignment requirements | 7 | | applicable to the student;
| 8 | | (4) To what courses, fields of study or programs, | 9 | | including honors and
graduate programs, the student will | 10 | | be admitted;
| 11 | | (5) What placement or course proficiency requirements | 12 | | are applicable to the
student;
| 13 | | (6) The quality of instruction the student will | 14 | | receive;
| 15 | | (7) What tuition or fee requirements are applicable to | 16 | | the student;
| 17 | | (8) What scholarship opportunities are available to | 18 | | the student;
| 19 | | (9) What extracurricular teams the student will be a | 20 | | member of or in what
extracurricular competitions the | 21 | | student will participate;
| 22 | | (10) Any grade the student will receive in any | 23 | | examination or in any course
or program of instruction in | 24 | | which the student is enrolled;
| 25 | | (11) The progress of the student toward successful | 26 | | completion of or graduation
from any course or program of |
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| 1 | | instruction in which the student is enrolled; or
| 2 | | (12) What degree, if any, the student will receive.
| 3 | | (F) Race-Related Harassment in Elementary, Secondary, or | 4 | | Higher Education. "Race-related harassment in elementary, | 5 | | secondary, or higher education" means any unwelcome conduct on | 6 | | the basis of an individual's actual or perceived race, color, | 7 | | or national origin, that has the purpose or effect of | 8 | | substantially interfering with the individual's academic | 9 | | performance or creating an intimidating, hostile, or offensive | 10 | | academic environment. For purposes of this definition, the | 11 | | phrase "academic environment" is not limited to a physical | 12 | | location that an employee is assigned to in order to perform | 13 | | his or her duties. | 14 | | (Source: P.A. 96-1319, eff. 7-27-10.)
| 15 | | (775 ILCS 5/5A-102) (from Ch. 68, par. 5A-102)
| 16 | | Sec. 5A-102. Civil Rights Violations-Elementary, | 17 | | Secondary, and Higher Education. It is a civil
rights | 18 | | violation:
| 19 | | (A) Sexual Harassment-Elementary Elementary , Secondary, or | 20 | | Higher Education Representative. For any elementary, | 21 | | secondary, or higher education representative
to commit or | 22 | | engage in sexual harassment in elementary, secondary, or | 23 | | higher education.
| 24 | | (B) Sexual Harassment-Institution Institution of | 25 | | Elementary, Secondary, or Higher Education. For any |
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| 1 | | institution of elementary, secondary, or higher education
to | 2 | | fail to take remedial action, or to fail to take appropriate | 3 | | disciplinary
action against an elementary, secondary, or | 4 | | higher education representative employed by such institution,
| 5 | | when such institution knows that such elementary, secondary, | 6 | | or higher education representative was
committing or engaging | 7 | | in or committed or engaged
in sexual harassment in elementary, | 8 | | secondary, or higher education.
| 9 | | (C) Race-Related Harassment-Elementary, Secondary, or | 10 | | Higher Education Representative. For any elementary, | 11 | | secondary, or higher education representative to commit or | 12 | | engage in race-related harassment in elementary, secondary, or | 13 | | higher education. | 14 | | (D) Race-Related Harassment-Institution of Elementary, | 15 | | Secondary, or Higher Education. For any institution of | 16 | | elementary, secondary, or higher education to fail to take | 17 | | remedial action or to fail to take appropriate disciplinary | 18 | | action against an elementary, secondary, or higher education | 19 | | representative employed by the institution if the institution | 20 | | knows that the elementary, secondary, or higher education | 21 | | representative was committing or engaging in or committed or | 22 | | engaged in harassment in elementary, secondary, or higher | 23 | | education. | 24 | | (Source: P.A. 96-574, eff. 8-18-09; 96-1319, eff. 7-27-10.)
| 25 | | (775 ILCS 5/5A-103 new) |
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| 1 | | Sec. 5A-103. Race-related harassment. | 2 | | (a) The General Assembly finds that the organizational | 3 | | tolerance of race-related harassment has a detrimental | 4 | | influence in schools, contributing to psychological and | 5 | | physical harm, substance abuse, and poorer academic outcomes | 6 | | for students of color and higher rates of teacher turnover | 7 | | among teachers of color. The General Assembly further finds | 8 | | that incidents of race-related harassment have increased | 9 | | significantly, with students of color experiencing, on | 10 | | average, as many as 5 incidents of racism a day. It is the | 11 | | General Assembly's intent that each institution of elementary, | 12 | | secondary, or higher education in this State adopt and | 13 | | actively implement policies to reduce race-related harassment; | 14 | | to ensure students, parents or guardians, and employees know | 15 | | how to recognize and report harassment; and to ensure | 16 | | institutions are safe for students, parents or guardians, and | 17 | | employees to report race-related harassment without fear of | 18 | | retaliation, loss of status, or loss of opportunities. | 19 | | (b) Each institution of elementary, secondary, or higher | 20 | | education to which this Act applies shall establish, | 21 | | implement, and maintain a continuing race-related harassment | 22 | | program that shall include all of the following: | 23 | | (1) The development of a written policy on | 24 | | race-related harassment that includes, at a minimum, the | 25 | | following information: | 26 | | (A) the illegality of unlawful harassment in |
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| 1 | | elementary, secondary, or higher education; | 2 | | (B) the definitions of unlawful harassment in | 3 | | elementary, secondary, or higher education under this | 4 | | Act; | 5 | | (C) the illegality of criteria or methods of | 6 | | administration that have the effect of subjecting | 7 | | individuals to harassment because of their race, | 8 | | color, national origin, or gender, as described in the | 9 | | Illinois Civil Rights Act of 2003; | 10 | | (D) descriptions of various forms of harassment | 11 | | related to race, including, but not limited to, | 12 | | microaggressions, derogatory cultural appropriation, | 13 | | and discrimination based on disparate impact, | 14 | | utilizing examples; | 15 | | (E) the institution's internal complaint process, | 16 | | including penalties; | 17 | | (F) the legal recourse, investigative, and | 18 | | complaint process available through the Department and | 19 | | the Commission and through federal agencies; | 20 | | (G) directions on how to contact the Department | 21 | | and Commission; and | 22 | | (H) protection against retaliation as provided in | 23 | | Section 6-101 of this Act. | 24 | | This policy may be included as part of a broader | 25 | | anti-harassment policy provided it is distinguished with | 26 | | an appropriate title, heading, or label. The policy shall |
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| 1 | | be reviewed annually. | 2 | | (2) The posting, in a prominent and accessible | 3 | | location, and distribution, in a manner to ensure notice | 4 | | to all employees without exception, of the institution's | 5 | | policy described in paragraph (1). Such documents may | 6 | | meet, but shall not exceed, a sixth-grade literacy level. | 7 | | Distribution shall be effectuated within 90 days after the | 8 | | effective date of this amendatory Act of the 103rd General | 9 | | Assembly and shall occur annually thereafter. | 10 | | (3) Distribution of the institution's policy described | 11 | | in paragraph (1) on the institution's Internet website, in | 12 | | a student handbook if one exists, and in a posting where | 13 | | other policies, rules, and standards of conduct are | 14 | | posted, if applicable, periodically throughout the school | 15 | | year to students and faculty, and an annual distribution | 16 | | of a summary of the policy in accessible, age-appropriate | 17 | | language to students and to the parents or guardians of | 18 | | minor students. | 19 | | (4) Training on the prevention of race-related | 20 | | harassment under the institution's policy described in | 21 | | paragraph (1) as a component of all ongoing or new | 22 | | employee training programs for elementary, secondary, or | 23 | | higher education representatives. The training must regard | 24 | | participants as potential bystanders, rather than | 25 | | potential offenders; provide participants with criteria | 26 | | for identifying racial harassment; and include all of the |
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| 1 | | elements required to be included in the policy described | 2 | | in paragraph (1). | 3 | | (c) In the creation and implementation of policies and | 4 | | procedures to prevent and address race-related harassment, | 5 | | institutions of elementary, secondary, or higher education: | 6 | | (1) shall reduce or remove, to the extent practicable, | 7 | | barriers to student reporting of race-related harassment | 8 | | in order to minimize the burden on students who wish to | 9 | | report harassment; | 10 | | (2) shall permit any person who reports a violation or | 11 | | any victim of a civil rights violation to be accompanied | 12 | | by an advisor of the person's choice when making a report | 13 | | and in subsequent interactions with elementary, secondary, | 14 | | or higher education representatives who are investigating | 15 | | or taking action as a result of a report; | 16 | | (3) shall provide a procedure for anonymous reporting; | 17 | | however, this paragraph(3) may not be construed to permit | 18 | | formal disciplinary action solely on the basis of an | 19 | | anonymous report; | 20 | | (4) shall differentiate interventions based on whether | 21 | | the offender is a minor or an adult, on whether the | 22 | | offender is a student or an elementary, secondary, or | 23 | | higher education representative, and on the severity and | 24 | | pervasiveness of the offense. For students and minors, | 25 | | interventions may include, but are not limited to, school | 26 | | social work services, restorative measures, schedule |
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| 1 | | changes or class reassignment, social-emotional skill | 2 | | building, education about diversity or implicit bias, | 3 | | counseling, school psychological services, | 4 | | community-based services, suspension, or expulsion. For | 5 | | elementary, secondary, or higher education | 6 | | representatives, interventions may include, but are not | 7 | | limited to, restorative measures, social-emotional skill | 8 | | building, additional training concerning diversity or | 9 | | implicit bias, counseling, suspension, demotion, or | 10 | | dismissal; | 11 | | (5) may offer a person who reports a civil rights | 12 | | violation the option to pursue reconciliation with the | 13 | | offender but may not require or unduly influence that | 14 | | person to pursue such reconciliation; and | 15 | | (6) may not cause a victim of a civil rights violation | 16 | | to suffer adverse consequences as a result of a report of, | 17 | | investigation of, or response to that violation, | 18 | | including, but not limited to, being reassigned to a less | 19 | | rigorous academic course of study, being forced to take | 20 | | paid or unpaid leave, being demoted or denied promotion or | 21 | | additional titles, or being otherwise disciplined. This | 22 | | protection may not permit victims to engage in retaliation | 23 | | against the offender or limit an institution of | 24 | | elementary, secondary, or higher education from applying | 25 | | disciplinary measures in response to other acts or conduct | 26 | | not related to the process of reporting, investigating, or |
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| 1 | | responding to a civil rights violation. | 2 | | (d) The Department shall produce a model race-related | 3 | | harassment prevention training program aimed at the prevention | 4 | | of race-related harassment in schools. The model program shall | 5 | | be made available to institutions of elementary, secondary, or | 6 | | higher education and to the public online at no cost. This | 7 | | model program shall meet the requirements of paragraph (4) of | 8 | | subsection (b). | 9 | | (e) Each institution of elementary, secondary, or higher | 10 | | education shall annually submit a report to the Department | 11 | | that includes the current policy on race-related harassment | 12 | | described in paragraph (1) of subsection (b), the number of | 13 | | reports of race-related harassment received in the preceding | 14 | | academic year; the type or types of race-related harassment | 15 | | included in each report as described in this Act; and the | 16 | | outcome of each report, including the response taken to | 17 | | address or prevent harassment, if applicable. This annual | 18 | | report may not include any information that personally | 19 | | identifies any individual or group of individuals. The | 20 | | Department shall provide a standard format for reporting to | 21 | | all institutions of elementary, secondary, or higher | 22 | | education. | 23 | | (f) Upon notification of a failure to establish, | 24 | | implement, or maintain a continuing race-related harassment | 25 | | program as set forth in subsection (b), the Department may | 26 | | launch a preliminary investigation. If the Department finds a |
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| 1 | | failure to conform to the requirements of subsection (b), the | 2 | | Department may issue a notice to show cause, giving the | 3 | | institution 30 days to correct the failure to conform. If the | 4 | | failure to conform is not corrected, the Department may | 5 | | initiate a charge of a civil rights violation. | 6 | | (775 ILCS 5/6-101) (from Ch. 68, par. 6-101)
| 7 | | Sec. 6-101. Additional civil rights violations under | 8 | | Articles 2, 4, 5, and 5A. It is a civil rights
violation for a | 9 | | person, or for 2 or more persons, to conspire to:
| 10 | | (A) Retaliation. Retaliate against a person because he | 11 | | or she has
opposed that which he or she reasonably and in | 12 | | good faith believes to be
unlawful discrimination, | 13 | | race-related harassment, race-related harassment in | 14 | | elementary, secondary, or higher education, sexual | 15 | | harassment in employment, sexual
harassment in elementary, | 16 | | secondary, and higher
education, or discrimination based | 17 | | on arrest record, citizenship status, or work | 18 | | authorization status
in employment under Articles 2, 4, 5, | 19 | | and 5A, because he or she has made a charge, filed a | 20 | | complaint,
testified, assisted, or participated in an | 21 | | investigation, proceeding, or
hearing under this Act, or | 22 | | because he or she has requested, attempted to request, | 23 | | used, or attempted to use a reasonable accommodation as | 24 | | allowed by this Act;
| 25 | | (B) Aiding and Abetting; Coercion. Aid, abet, compel, |
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| 1 | | or coerce a
person to commit any violation of this Act;
| 2 | | (C) Interference. Wilfully interfere with the | 3 | | performance of a duty
or the exercise of a power by the | 4 | | Commission or one of its members or
representatives or the | 5 | | Department or one of its officers or employees.
| 6 | | Definitions. For the purposes of this Section, "sexual
| 7 | | harassment", "race-related harassment", "citizenship status", | 8 | | and "work authorization status" shall have the same meaning as | 9 | | defined in
Section 2-101 of this Act.
| 10 | | (Source: P.A. 102-233, eff. 8-2-21; 102-362, eff. 1-1-22; | 11 | | 102-813, eff. 5-13-22.)
| 12 | | Section 95. No acceleration or delay. Where this Act makes | 13 | | changes in a statute that is represented in this Act by text | 14 | | that is not yet or no longer in effect (for example, a Section | 15 | | represented by multiple versions), the use of that text does | 16 | | not accelerate or delay the taking effect of (i) the changes | 17 | | made by this Act or (ii) provisions derived from any other | 18 | | Public Act.
| 19 | | Section 99. Effective date. This Act takes effect August | 20 | | 1, 2024.".
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