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| | SB0090 Engrossed | - 2 - | LRB103 05472 RJT 50491 b |
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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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| | SB0090 Engrossed | - 3 - | LRB103 05472 RJT 50491 b |
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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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| | SB0090 Engrossed | - 4 - | LRB103 05472 RJT 50491 b |
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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.
|
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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| | SB0090 Engrossed | - 5 - | LRB103 05472 RJT 50491 b |
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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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| | SB0090 Engrossed | - 7 - | LRB103 05472 RJT 50491 b |
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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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| | SB0090 Engrossed | - 8 - | LRB103 05472 RJT 50491 b |
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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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| | SB0090 Engrossed | - 9 - | LRB103 05472 RJT 50491 b |
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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
|
8 | | 2605-304 of the Illinois State Police Law of the Civil
|
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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| | SB0090 Engrossed | - 10 - | LRB103 05472 RJT 50491 b |
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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 | | or 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, or 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, or |
17 | | 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, or 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 |
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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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| | SB0090 Engrossed | - 20 - | LRB103 05472 RJT 50491 b |
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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 |
|
| | SB0090 Engrossed | - 21 - | LRB103 05472 RJT 50491 b |
|
|
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, |
|
| | SB0090 Engrossed | - 22 - | LRB103 05472 RJT 50491 b |
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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 |
|
| | SB0090 Engrossed | - 23 - | LRB103 05472 RJT 50491 b |
|
|
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; |
|
| | SB0090 Engrossed | - 24 - | LRB103 05472 RJT 50491 b |
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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 ; . |
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 |
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| | SB0090 Engrossed | - 25 - | LRB103 05472 RJT 50491 b |
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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
|
|
| | SB0090 Engrossed | - 26 - | LRB103 05472 RJT 50491 b |
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|
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 |
|
| | SB0090 Engrossed | - 27 - | LRB103 05472 RJT 50491 b |
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|
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 |
|
| | SB0090 Engrossed | - 28 - | LRB103 05472 RJT 50491 b |
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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 |
|
| | SB0090 Engrossed | - 29 - | LRB103 05472 RJT 50491 b |
|
|
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 |
|
| | SB0090 Engrossed | - 30 - | LRB103 05472 RJT 50491 b |
|
|
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 |
|
| | SB0090 Engrossed | - 31 - | LRB103 05472 RJT 50491 b |
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|
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 |
|
| | SB0090 Engrossed | - 32 - | LRB103 05472 RJT 50491 b |
|
|
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; |
|
| | SB0090 Engrossed | - 33 - | LRB103 05472 RJT 50491 b |
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|
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 |
|
| | SB0090 Engrossed | - 34 - | LRB103 05472 RJT 50491 b |
|
|
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.
|
|
| | SB0090 Engrossed | - 35 - | LRB103 05472 RJT 50491 b |
|
|
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 |
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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.
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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:
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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 | | (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; |
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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 |
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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; |
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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 against students based on race, color, and national |
15 | | origin and prohibiting retaliation against students. Such |
16 | | policy or policies may be included as part of a broader |
17 | | anti-harassment or anti-discrimination policy provided they |
18 | | are distinguished with an appropriate title, heading, or |
19 | | label. The policy or policies adopted under this subsection |
20 | | (b) must comply with and be distributed in accordance with |
21 | | subsection (b) of Section 22-95 of this Code. |
22 | | (c) The school district must establish procedures for |
23 | | responding to student complaints of discrimination and |
24 | | harassment based on race, color, or national origin, and |
25 | | retaliation. These procedures must comply with subsection (c) |
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1 | | of Section 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 |
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1 | | Status-Employment.
To prevent discrimination based on |
2 | | citizenship status in employment.
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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
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1 | | government and in their relations with the public.
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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 |
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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.
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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 |
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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 |
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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.)
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24 | | (775 ILCS 5/5A-102) (from Ch. 68, par. 5A-102)
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25 | | Sec. 5A-102. Civil Rights Violations-Elementary, |
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1 | | Secondary, and Higher Education. It is a civil
rights |
2 | | violation:
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3 | | (A) Sexual Harassment; Elementary Elementary , |
4 | | Secondary, or Higher Education Representative. For any |
5 | | elementary, secondary, or higher education representative
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6 | | to commit or engage in sexual harassment in elementary, |
7 | | secondary, or higher education.
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8 | | (B) Sexual Harassment; Institution Institution of |
9 | | Elementary, Secondary, or Higher Education. For any |
10 | | institution of elementary, secondary, or higher education
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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.
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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 |
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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.)
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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 |
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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, or 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, or national origin and |
23 | | retaliation; |
24 | | (2) an explanation of discrimination and harassment |
25 | | based on race, color, or national origin and retaliation; |
26 | | (3) examples of conduct that constitutes |
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1 | | discrimination and harassment based on race, color, or |
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; |
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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 |
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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.
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23 | | (775 ILCS 5/6-101) (from Ch. 68, par. 6-101)
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24 | | Sec. 6-101. Additional civil rights violations under |
25 | | Articles 2, 4, 5, and 5A , and 6 . It is a civil rights
violation |
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1 | | for a person, or for 2 or more persons, to conspire to:
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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;
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20 | | (B) Aiding and Abetting; Coercion. Aid, abet, compel, |
21 | | or coerce a
person to commit any violation of this Act;
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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.
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26 | | Definitions. For the purposes of this Section, "sexual
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1 | | harassment", "citizenship status", and "work authorization |
2 | | status" shall have the same meaning as defined in
Section |
3 | | 2-101 of this Act.
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4 | | (Source: P.A. 102-233, eff. 8-2-21; 102-362, eff. 1-1-22; |
5 | | 102-813, eff. 5-13-22.)
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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.
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13 | | Section 99. Effective date. This Act takes effect August |
14 | | 1, 2024.
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