Sen. Laura M. Murphy
Filed: 3/24/2023
 
 


 




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1
AMENDMENT TO SENATE BILL 90 




2 AMENDMENT NO. ______. Amend Senate Bill 90 by replacing 
3everything after the enacting clause with the following:


4 "Section 1. This Act may be referred to as the Racism-Free 
5Schools Law.

6 Section 5. The School Code is amended by changing Sections 
710-20.69, 27-23.7, 27A-5, and 34-18.62 as follows:

8 (105 ILCS 5/10-20.69)
9 Sec. 10-20.69. Policies Policy on sexual harassment and 
10discrimination. 
11 (a) Each school district must create, maintain, and 
12implement an age-appropriate policy on sexual harassment that 
13must be posted on the school district's website and, if 
14applicable, any other area where policies, rules, and 
15standards of conduct are currently posted in each school and 
 
 
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1must also be included in the school district's student code of 
2conduct handbook.

3 (b) Each school district must create, implement, and 
4maintain an age-appropriate policy on race-related harassment 
5and discrimination. This policy must be in compliance with and 
6distributed in accordance with Section 5A-103 of the Illinois 
7Human Rights Act. 
8(Source: P.A. 101-418, eff. 1-1-20; 102-558, eff. 8-20-21.)

9 (105 ILCS 5/27-23.7)
10 Sec. 27-23.7. Bullying prevention.
11 (a) The General Assembly finds that a safe and civil 
12school environment is necessary for students to learn and 
13achieve and that bullying causes physical, psychological, and 
14emotional harm to students and interferes with students' 
15ability to learn and participate in school activities. The 
16General Assembly further finds that bullying has been linked 
17to other forms of antisocial behavior, such as vandalism, 
18shoplifting, skipping and dropping out of school, fighting, 
19using drugs and alcohol, sexual harassment, and sexual 
20violence. Because of the negative outcomes associated with 
21bullying in schools, the General Assembly finds that school 
22districts, charter schools, and non-public, non-sectarian 
23elementary and secondary schools should educate students, 
24parents, and school district, charter school, or non-public, 
25non-sectarian elementary or secondary school personnel about 
 
 
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1what behaviors constitute prohibited bullying.
2 Bullying on the basis of actual or perceived race, color, 
3religion, sex, national origin, ancestry, age, marital status, 
4physical or mental disability, military status, sexual 
5orientation, gender-related identity or expression, 
6unfavorable discharge from military service, association with 
7a person or group with one or more of the aforementioned actual 
8or perceived characteristics, or any other distinguishing 
9characteristic is prohibited in all school districts, charter 
10schools, and non-public, non-sectarian elementary and 
11secondary schools.
No student shall be subjected to bullying:
12  (1) during any school-sponsored education program or 
13 activity;
14  (2) while in school, on school property, on school 
15 buses or other school vehicles, at designated school bus 
16 stops waiting for the school bus, or at school-sponsored 
17 or school-sanctioned events or activities;
18  (3) through the transmission of information from a 
19 school computer, a school computer network, or other 
20 similar electronic school equipment; or 
21  (4) through the transmission of information from a 
22 computer that is accessed at a nonschool-related location, 
23 activity, function, or program or from the use of 
24 technology or an electronic device that is not owned, 
25 leased, or used by a school district or school if the 
26 bullying causes a substantial disruption to the 
 
 
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1 educational process or orderly operation of a school. This 
2 item (4) applies only in cases in which a school 
3 administrator or teacher receives a report that bullying 
4 through this means has occurred and does not require a 
5 district or school to staff or monitor any 
6 nonschool-related activity, function, or program. 
7 (a-5) Nothing in this Section is intended to infringe upon 
8any right to exercise free expression or the free exercise of 
9religion or religiously based views protected under the First 
10Amendment to the United States Constitution or under Section 3 
11of Article I of the Illinois Constitution. 
12 (b) In this Section:

13 "Bullying" includes "cyber-bullying" and means any severe 
14or pervasive physical or verbal act or conduct, including 
15communications made in writing or electronically, directed 
16toward a student or students that has or can be reasonably 
17predicted to have the effect of one or more of the following:
18  (1) placing the student or students in reasonable fear 
19 of harm to the student's or students' person or property;
20  (2) causing a substantially detrimental effect on the 
21 student's or students' physical or mental health;
22  (3) substantially interfering with the student's or 
23 students' academic performance; or
24  (4) substantially interfering with the student's or 
25 students' ability to participate in or benefit from the 
26 services, activities, or privileges provided by a school.
 
 
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1 Bullying, as defined in this subsection (b), may take 
2various forms, including without limitation one or more of the 
3following: harassment, threats, intimidation, stalking, 
4physical violence, sexual harassment, sexual violence, racial 
5harassment, racial violence, theft, public humiliation, 
6destruction of property, or retaliation for asserting or 
7alleging an act of bullying. This list is meant to be 
8illustrative and non-exhaustive.
9 "Cyber-bullying" means bullying through the use of 
10technology or any electronic communication, including without 
11limitation any transfer of signs, signals, writing, images, 
12sounds, data, or intelligence of any nature transmitted in 
13whole or in part by a wire, radio, electromagnetic system, 
14photoelectronic system, or photooptical system, including 
15without limitation electronic mail, Internet communications, 
16instant messages, or facsimile communications. 
17"Cyber-bullying" includes the creation of a webpage or weblog 
18in which the creator assumes the identity of another person or 
19the knowing impersonation of another person as the author of 
20posted content or messages if the creation or impersonation 
21creates any of the effects enumerated in the definition of 
22bullying in this Section. "Cyber-bullying" also includes the 
23distribution by electronic means of a communication to more 
24than one person or the posting of material on an electronic 
25medium that may be accessed by one or more persons if the 
26distribution or posting creates any of the effects enumerated 
 
 
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1in the definition of bullying in this Section. 
2 "Policy on bullying" means a bullying prevention policy 
3that meets the following criteria:
4  (1) Includes the bullying definition provided in this 
5 Section.
6  (1.5) Includes age-appropriate information about the 
7 definitions of harassment in elementary, secondary, or 
8 higher education and sexual harassment in elementary, 
9 secondary, or higher education in accordance with the 
10 Illinois Human Rights Act.
11  (1.10) Includes procedures for reporting harassment to 
12 school, State, and federal officials and the protections 
13 and relief available to victims of harassment under 
14 Articles 7A and 8A of the Illinois Human Rights Act and any 
15 other applicable State and federal laws. 
16  (2) Includes a statement that bullying is contrary to 
17 State law and the policy of the school district, charter 
18 school, or non-public, non-sectarian elementary or 
19 secondary school and is consistent with subsection (a-5) 
20 of this Section.
21  (3) Includes procedures for promptly reporting 
22 bullying, including, but not limited to, identifying and 
23 providing the school e-mail address (if applicable) and 
24 school telephone number for the staff person or persons 
25 responsible for receiving such reports and a procedure for 
26 anonymous reporting; however, this shall not be construed 
 
 
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1 to permit formal disciplinary action solely on the basis 
2 of an anonymous report.
3  (4) Consistent with federal and State laws and rules 
4 governing student privacy rights, includes procedures for 
5 promptly informing parents or guardians of all students 
6 involved in the alleged incident of bullying and 
7 discussing, as appropriate, the availability of social 
8 work services, counseling, school psychological services, 
9 other interventions, and restorative measures.
10  (5) Contains procedures for promptly investigating and 
11 addressing reports of bullying, including the following:
12   (A) Making all reasonable efforts to complete the 
13 investigation within 10 school days after the date the 
14 report of the incident of bullying was received and 
15 taking into consideration additional relevant 
16 information received during the course of the 
17 investigation about the reported incident of bullying.
18   (B) Involving appropriate school support personnel 
19 and other staff persons with knowledge, experience, 
20 and training on bullying prevention, as deemed 
21 appropriate, in the investigation process and 
22 including one or more persons designated by the school 
23 with the appropriate knowledge, experience, or 
24 training to identify harassment and the authority to 
25 implement appropriate procedures and protections in 
26 cases of harassment.
 
 
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1   (C) Notifying the principal or school 
2 administrator or his or her designee of the report of 
3 the incident of bullying as soon as possible after the 
4 report is received.
5   (D) Consistent with federal and State laws and 
6 rules governing student privacy rights, providing 
7 parents and guardians of the students who are parties 
8 to the investigation information about the 
9 investigation and an opportunity to meet with the 
10 principal or school administrator or his or her 
11 designee to discuss the investigation, the findings of 
12 the investigation, and the actions taken to address 
13 the reported incident of bullying.
14  (6) Includes the interventions that can be taken to 
15 address bullying, which may include, but are not limited 
16 to, school social work services, restorative measures, 
17 social-emotional skill building, counseling, school 
18 psychological services, and community-based services.
19  (7) Includes a statement prohibiting reprisal or 
20 retaliation against any person who reports an act of 
21 bullying and the consequences and appropriate remedial 
22 actions for a person who engages in reprisal or 
23 retaliation.
24  (8) Includes consequences and appropriate remedial 
25 actions for a person found to have falsely accused another 
26 of bullying as a means of retaliation or as a means of 
 
 
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1 bullying.
2  (9) Is based on the engagement of a range of school 
3 stakeholders, including students and parents or guardians.
4  (10) Is posted on the school district's, charter

5 school's, or non-public, non-sectarian elementary or

6 secondary school's existing Internet website, is
included 
7 in the student handbook, and, where applicable,
posted 
8 where other policies, rules, and standards of
conduct are 
9 currently posted in the school and provided periodically 
10 throughout the school year to students and faculty, and is

11 distributed annually to parents, guardians, students, and

12 school personnel, including new employees when hired.
13  (11) As part of the process of reviewing and 
14 re-evaluating the policy under subsection (d) of this 
15 Section, contains a policy evaluation process to assess 
16 the outcomes and effectiveness of the policy that 
17 includes, but is not limited to, factors such as the 
18 frequency of victimization; the number and percentages of 
19 bullying incidents that also constitute harassment in 
20 elementary, secondary, or higher education under the 
21 Illinois Human Rights Act; student, staff, and family 
22 observations of safety at a school; identification of 
23 areas of a school where bullying occurs; the types of 
24 bullying utilized; and bystander intervention or 
25 participation. The school district, charter school, or 
26 non-public, non-sectarian elementary or secondary school 
 
 
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1 may use relevant data and information it already collects 
2 for other purposes in the policy evaluation. The 
3 information developed as a result of the policy evaluation 
4 must be made available on the Internet website of the 
5 school district, charter school, or non-public, 
6 non-sectarian elementary or secondary school. If an 
7 Internet website is not available, the information must be 
8 provided to school administrators, school board members, 
9 school personnel, parents, guardians, and students.
10  (12) Is consistent with the policies of the school 
11 board, charter school, or non-public, non-sectarian 
12 elementary or secondary school.
13 "Restorative measures" means a continuum of school-based 
14alternatives to exclusionary discipline, such as suspensions 
15and expulsions, that: (i) are adapted to the particular needs 
16of the school and community, (ii) contribute to maintaining 
17school safety, (iii) protect the integrity of a positive and 
18productive learning climate, (iv) teach students the personal 
19and interpersonal skills they will need to be successful in 
20school and society, (v) serve to build and restore 
21relationships among students, families, schools, and 
22communities, (vi) reduce the likelihood of future disruption 
23by balancing accountability with an understanding of students' 
24behavioral health needs in order to keep students in school, 
25and (vii) increase student accountability if the incident of 
26bullying is based on religion, race, ethnicity, or any other 
 
 
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1category that is identified in the Illinois Human Rights Act. 
2 "School personnel" means persons employed by, on contract 
3with, or who volunteer in a school district, charter school, 
4or non-public, non-sectarian elementary or secondary school, 
5including without limitation school and school district 
6administrators, teachers, school social workers, school 
7counselors, school psychologists, school nurses, cafeteria 
8workers, custodians, bus drivers, school resource officers, 
9and security guards. 
10 (c) (Blank).


11 (d) Each school district, charter school, and non-public, 
12non-sectarian elementary or secondary school shall create, 
13maintain, and implement a policy on bullying, which policy 
14must be filed with the State Board of Education. The policy or 
15implementing procedure shall include a process to investigate 
16whether a reported act of bullying is within the permissible 
17scope of the district's or school's jurisdiction and whether 
18the reported act of bullying meets the threshold for 
19harassment in elementary, secondary, or higher education under 
20the Illinois Human Rights Act and shall require that the 
21district or school provide the victim with information 
22regarding services that are available within the district and 
23community, such as counseling, support services, and other 
24programs, and the protections and relief available under 
25Articles 7A and 8A of the Illinois Human Rights Act in cases in 
26which the reported act of bullying meets the threshold for 
 
 
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1harassment in elementary, secondary, or higher education under 
2the Illinois Human Rights Act. School personnel available for 
3help with a bully or to make a report about bullying shall be 
4made known to parents or legal guardians, students, and school 
5personnel. Every 2 years, each school district, charter 
6school, and non-public, non-sectarian elementary or secondary 
7school shall conduct a review and re-evaluation of its policy 
8and make any necessary and appropriate revisions, including 
9revisions that prevent harassment if appropriate. No later 
10than September 30 of the subject year, the policy must be filed 
11with the State Board of Education after being updated. The 
12State Board of Education shall monitor and provide technical 
13support for the implementation of policies created under this 
14subsection (d). In monitoring the implementation of the 
15policies, the State Board of Education shall review each filed 
16policy on bullying to ensure all policies meet the 
17requirements set forth in this Section, including ensuring 
18that each policy meets the 12 criterion identified within the 
19definition of "policy on bullying" set forth in this Section. 
20 If a school district, charter school, or non-public, 
21non-sectarian elementary or secondary school fails to file a 
22policy on bullying by September 30 of the subject year, the 
23State Board of Education shall provide a written request for 
24filing to the school district, charter school, or non-public, 
25non-sectarian elementary or secondary school. If a school 
26district, charter school, or non-public, non-sectarian 
 
 
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1elementary or secondary school fails to file a policy on 
2bullying within 14 days of receipt of the aforementioned 
3written request, the State Board of Education shall publish 
4notice of the non-compliance on the State Board of Education's 
5website. 
6 (e) This Section shall not be interpreted to prevent a 
7victim from seeking redress under any other available civil or 
8criminal law.

9(Source: P.A. 102-197, eff. 7-30-21; 102-241, eff. 8-3-21; 
10102-813, eff. 5-13-22; 102-894, eff. 5-20-22.)



11 (105 ILCS 5/27A-5)


12 (Text of Section before amendment by P.A. 102-466 and 
13102-702)
14 Sec. 27A-5. Charter school; legal entity; requirements. 

15 (a) A charter school shall be a public, nonsectarian, 
16nonreligious, non-home
based, and non-profit school. A charter 
17school shall be organized and operated
as a nonprofit 
18corporation or other discrete, legal, nonprofit entity

19authorized under the laws of the State of Illinois.

20 (b) A charter school may be established under this Article 
21by creating a new
school or by converting an existing public 
22school or attendance center to
charter
school status.

23Beginning on April 16, 2003 (the effective date of Public Act 
2493-3), in all new
applications to establish
a charter
school 
25in a city having a population exceeding 500,000, operation of 
 
 
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1the
charter
school shall be limited to one campus. The changes 
2made to this Section by Public Act 93-3 do not apply to charter 
3schools existing or approved on or before April 16, 2003 (the

4effective date of Public Act 93-3).
5 (b-5) In this subsection (b-5), "virtual-schooling" means 
6a cyber school where students engage in online curriculum and 
7instruction via the Internet and electronic communication with 
8their teachers at remote locations and with students 
9participating at different times. 
10 From April 1, 2013 through December 31, 2016, there is a 
11moratorium on the establishment of charter schools with 
12virtual-schooling components in school districts other than a 
13school district organized under Article 34 of this Code. This 
14moratorium does not apply to a charter school with 
15virtual-schooling components existing or approved prior to 
16April 1, 2013 or to the renewal of the charter of a charter 
17school with virtual-schooling components already approved 
18prior to April 1, 2013.

19 (c) A charter school shall be administered and governed by 
20its board of
directors or other governing body
in the manner 
21provided in its charter. The governing body of a charter 
22school
shall be subject to the Freedom of Information Act and 
23the Open Meetings Act. No later than January 1, 2021 (one year 
24after the effective date of Public Act 101-291), a charter 
25school's board of directors or other governing body must 
26include at least one parent or guardian of a pupil currently 
 
 
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1enrolled in the charter school who may be selected through the 
2charter school or a charter network election, appointment by 
3the charter school's board of directors or other governing 
4body, or by the charter school's Parent Teacher Organization 
5or its equivalent. 
6 (c-5) No later than January 1, 2021 (one year after the 
7effective date of Public Act 101-291) or within the first year 
8of his or her first term, every voting member of a charter 
9school's board of directors or other governing body shall 
10complete a minimum of 4 hours of professional development 
11leadership training to ensure that each member has sufficient 
12familiarity with the board's or governing body's role and 
13responsibilities, including financial oversight and 
14accountability of the school, evaluating the principal's and 
15school's performance, adherence to the Freedom of Information 
16Act and the Open Meetings Act, and compliance with education 
17and labor law. In each subsequent year of his or her term, a 
18voting member of a charter school's board of directors or 
19other governing body shall complete a minimum of 2 hours of 
20professional development training in these same areas. The 
21training under this subsection may be provided or certified by 
22a statewide charter school membership association or may be 
23provided or certified by other qualified providers approved by 
24the State Board of Education. 

25 (d) For purposes of this subsection (d), "non-curricular 
26health and safety requirement" means any health and safety 
 
 
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1requirement created by statute or rule to provide, maintain, 
2preserve, or safeguard safe or healthful conditions for 
3students and school personnel or to eliminate, reduce, or 
4prevent threats to the health and safety of students and 
5school personnel. "Non-curricular health and safety 
6requirement" does not include any course of study or 
7specialized instructional requirement for which the State 
8Board has established goals and learning standards or which is 
9designed primarily to impart knowledge and skills for students 
10to master and apply as an outcome of their education.
11 A charter school shall comply with all non-curricular 
12health and safety
requirements applicable to public schools 
13under the laws of the State of
Illinois. On or before September 
141, 2015, the State Board shall promulgate and post on its 
15Internet website a list of non-curricular health and safety 
16requirements that a charter school must meet. The list shall 
17be updated annually no later than September 1. Any charter 
18contract between a charter school and its authorizer must 
19contain a provision that requires the charter school to follow 
20the list of all non-curricular health and safety requirements 
21promulgated by the State Board and any non-curricular health 
22and safety requirements added by the State Board to such list 
23during the term of the charter. Nothing in this subsection (d) 
24precludes an authorizer from including non-curricular health 
25and safety requirements in a charter school contract that are 
26not contained in the list promulgated by the State Board, 
 
 
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1including non-curricular health and safety requirements of the 
2authorizing local school board. 

3 (e) Except as otherwise provided in the School Code, a 
4charter school shall
not charge tuition; provided that a 
5charter school may charge reasonable fees
for textbooks, 
6instructional materials, and student activities.

7 (f) A charter school shall be responsible for the 
8management and operation
of its fiscal affairs, including,
but 
9not limited to, the preparation of its budget. An audit of each 
10charter
school's finances shall be conducted annually by an 
11outside, independent
contractor retained by the charter 
12school. The contractor shall not be an employee of the charter 
13school or affiliated with the charter school or its authorizer 
14in any way, other than to audit the charter school's finances. 
15To ensure financial accountability for the use of public 
16funds, on or before December 1 of every year of operation, each 
17charter school shall submit to its authorizer and the State 
18Board a copy of its audit and a copy of the Form 990 the 
19charter school filed that year with the federal Internal 
20Revenue Service. In addition, if deemed necessary for proper 
21financial oversight of the charter school, an authorizer may 
22require quarterly financial statements from each charter 
23school. 

24 (g) A charter school shall comply with all provisions of 
25this Article, the Illinois Educational Labor Relations Act, 
26all federal and State laws and rules applicable to public 
 
 
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1schools that pertain to special education and the instruction 
2of English learners, and
its charter. A charter
school is 
3exempt from all other State laws and regulations in this Code

4governing public
schools and local school board policies; 
5however, a charter school is not exempt from the following:

6  (1) Sections 10-21.9 and 34-18.5 of this Code 
7 regarding criminal
history records checks and checks of 
8 the Statewide Sex Offender Database and Statewide Murderer 
9 and Violent Offender Against Youth Database of applicants 
10 for employment;

11  (2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and 
12 34-84a of this Code regarding discipline of
students;

13  (3) the Local Governmental and Governmental Employees 
14 Tort Immunity Act;

15  (4) Section 108.75 of the General Not For Profit 
16 Corporation Act of 1986
regarding indemnification of 
17 officers, directors, employees, and agents;

18  (5) the Abused and Neglected Child Reporting Act;

19  (5.5) subsection (b) of Section 10-23.12 and 
20 subsection (b) of Section 34-18.6 of this Code;
21  (6) the Illinois School Student Records Act;

22  (7) Section 10-17a of this Code regarding school 
23 report cards;

24  (8) the P-20 Longitudinal Education Data System Act;
25  (9) Section 27-23.7 of this Code regarding bullying 
26 prevention;
 
 
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1  (10) Section 2-3.162 of this Code regarding student 
2 discipline reporting;
3  (11) Sections 22-80 and 27-8.1 of this Code;
4  (12) Sections 10-20.60 and 34-18.53 of this Code;
5  (13) Sections 10-20.63 and 34-18.56 of this Code;
6  (14) Sections 22-90 and 26-18 of this Code;
7  (15) Section 22-30 of this Code; 
8  (16) Sections 24-12 and 34-85 of this Code;
9  (17) the Seizure Smart School Act;
10  (18) Section 2-3.64a-10 of this Code;
11  (19) Sections 10-20.73 and 34-21.9 of this Code;
12  (20) Section 10-22.25b of this Code;
13  (21) Section 27-9.1a of this Code;
14  (22) Section 27-9.1b of this Code; 
15  (23) Section 34-18.8 of this Code; 
16  (25) Section 2-3.188 of this Code;
17  (26) Section 22-85.5 of this Code; 
18  (27) subsections Subsections (d-10), (d-15), and 
19 (d-20) of Section 10-20.56 of this Code; and 
20  (28) Sections 10-20.83 and 34-18.78 of this Code; . 
21  (29) (27) Section 10-20.13 of this Code; 
22  (30) (28) Section 28-19.2 of this Code; and 
23  (31) (29) Section 34-21.6 of this Code; and . 
24  (33) Sections 10-20.69 and 34-18.62 of this Code. 
25 The change made by Public Act 96-104 to this subsection 
26(g) is declaratory of existing law.
 
 
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1 (h) A charter school may negotiate and contract with a 
2school district, the
governing body of a State college or 
3university or public community college, or
any other public or 
4for-profit or nonprofit private entity for: (i) the use
of a 
5school building and grounds or any other real property or 
6facilities that
the charter school desires to use or convert 
7for use as a charter school site,
(ii) the operation and 
8maintenance thereof, and
(iii) the provision of any service, 
9activity, or undertaking that the charter
school is required 
10to perform in order to carry out the terms of its charter.

11However, a charter school
that is established on
or
after 
12April 16, 2003 (the effective date of Public Act 93-3) and that 
13operates
in a city having a population exceeding
500,000 may 
14not contract with a for-profit entity to
manage or operate the 
15school during the period that commences on April 16, 2003 (the

16effective date of Public Act 93-3) and
concludes at the end of 
17the 2004-2005 school year.
Except as provided in subsection 
18(i) of this Section, a school district may
charge a charter 
19school reasonable rent for the use of the district's

20buildings, grounds, and facilities. Any services for which a 
21charter school
contracts
with a school district shall be 
22provided by the district at cost. Any services
for which a 
23charter school contracts with a local school board or with the

24governing body of a State college or university or public 
25community college
shall be provided by the public entity at 
26cost.

 
 
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1 (i) In no event shall a charter school that is established 
2by converting an
existing school or attendance center to 
3charter school status be required to
pay rent for space
that is 
4deemed available, as negotiated and provided in the charter 
5agreement,
in school district
facilities. However, all other 
6costs for the operation and maintenance of
school district 
7facilities that are used by the charter school shall be 
8subject
to negotiation between
the charter school and the 
9local school board and shall be set forth in the
charter.

10 (j) A charter school may limit student enrollment by age 
11or grade level.

12 (k) If the charter school is approved by the State Board or 
13Commission, then the charter school is its own local education 
14agency. 
15(Source: P.A. 101-50, eff. 7-1-20; 101-81, eff. 7-12-19; 
16101-291, eff. 1-1-20; 101-531, eff. 8-23-19; 101-543, eff. 
178-23-19; 101-654, eff. 3-8-21; 102-51, eff. 7-9-21; 102-157, 
18eff. 7-1-22; 102-360, eff. 1-1-22; 102-445, eff. 8-20-21; 
19102-522, eff. 8-20-21; 102-558, eff. 8-20-21; 102-676, eff. 
2012-3-21; 102-697, eff. 4-5-22; 102-805, eff. 1-1-23; 102-813, 
21eff. 5-13-22; revised 12-13-22.)

22 (Text of Section after amendment by P.A. 102-702 but 
23before amendment by P.A. 102-466)
24 Sec. 27A-5. Charter school; legal entity; requirements. 

25 (a) A charter school shall be a public, nonsectarian, 
 
 
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1nonreligious, non-home
based, and non-profit school. A charter 
2school shall be organized and operated
as a nonprofit 
3corporation or other discrete, legal, nonprofit entity

4authorized under the laws of the State of Illinois.

5 (b) A charter school may be established under this Article 
6by creating a new
school or by converting an existing public 
7school or attendance center to
charter
school status.

8Beginning on April 16, 2003 (the effective date of Public Act 
993-3), in all new
applications to establish
a charter
school 
10in a city having a population exceeding 500,000, operation of 
11the
charter
school shall be limited to one campus. The changes 
12made to this Section by Public Act 93-3 do not apply to charter 
13schools existing or approved on or before April 16, 2003 (the

14effective date of Public Act 93-3).
15 (b-5) In this subsection (b-5), "virtual-schooling" means 
16a cyber school where students engage in online curriculum and 
17instruction via the Internet and electronic communication with 
18their teachers at remote locations and with students 
19participating at different times. 
20 From April 1, 2013 through December 31, 2016, there is a 
21moratorium on the establishment of charter schools with 
22virtual-schooling components in school districts other than a 
23school district organized under Article 34 of this Code. This 
24moratorium does not apply to a charter school with 
25virtual-schooling components existing or approved prior to 
26April 1, 2013 or to the renewal of the charter of a charter 
 
 
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1school with virtual-schooling components already approved 
2prior to April 1, 2013.

3 (c) A charter school shall be administered and governed by 
4its board of
directors or other governing body
in the manner 
5provided in its charter. The governing body of a charter 
6school
shall be subject to the Freedom of Information Act and 
7the Open Meetings Act. No later than January 1, 2021 (one year 
8after the effective date of Public Act 101-291), a charter 
9school's board of directors or other governing body must 
10include at least one parent or guardian of a pupil currently 
11enrolled in the charter school who may be selected through the 
12charter school or a charter network election, appointment by 
13the charter school's board of directors or other governing 
14body, or by the charter school's Parent Teacher Organization 
15or its equivalent. 
16 (c-5) No later than January 1, 2021 (one year after the 
17effective date of Public Act 101-291) or within the first year 
18of his or her first term, every voting member of a charter 
19school's board of directors or other governing body shall 
20complete a minimum of 4 hours of professional development 
21leadership training to ensure that each member has sufficient 
22familiarity with the board's or governing body's role and 
23responsibilities, including financial oversight and 
24accountability of the school, evaluating the principal's and 
25school's performance, adherence to the Freedom of Information 
26Act and the Open Meetings Act, and compliance with education 
 
 
10300SB0090sam001- 24 -LRB103 05472 RJT 59867 a


1and labor law. In each subsequent year of his or her term, a 
2voting member of a charter school's board of directors or 
3other governing body shall complete a minimum of 2 hours of 
4professional development training in these same areas. The 
5training under this subsection may be provided or certified by 
6a statewide charter school membership association or may be 
7provided or certified by other qualified providers approved by 
8the State Board of Education. 

9 (d) For purposes of this subsection (d), "non-curricular 
10health and safety requirement" means any health and safety 
11requirement created by statute or rule to provide, maintain, 
12preserve, or safeguard safe or healthful conditions for 
13students and school personnel or to eliminate, reduce, or 
14prevent threats to the health and safety of students and 
15school personnel. "Non-curricular health and safety 
16requirement" does not include any course of study or 
17specialized instructional requirement for which the State 
18Board has established goals and learning standards or which is 
19designed primarily to impart knowledge and skills for students 
20to master and apply as an outcome of their education.
21 A charter school shall comply with all non-curricular 
22health and safety
requirements applicable to public schools 
23under the laws of the State of
Illinois. On or before September 
241, 2015, the State Board shall promulgate and post on its 
25Internet website a list of non-curricular health and safety 
26requirements that a charter school must meet. The list shall 
 
 
10300SB0090sam001- 25 -LRB103 05472 RJT 59867 a


1be updated annually no later than September 1. Any charter 
2contract between a charter school and its authorizer must 
3contain a provision that requires the charter school to follow 
4the list of all non-curricular health and safety requirements 
5promulgated by the State Board and any non-curricular health 
6and safety requirements added by the State Board to such list 
7during the term of the charter. Nothing in this subsection (d) 
8precludes an authorizer from including non-curricular health 
9and safety requirements in a charter school contract that are 
10not contained in the list promulgated by the State Board, 
11including non-curricular health and safety requirements of the 
12authorizing local school board. 

13 (e) Except as otherwise provided in the School Code, a 
14charter school shall
not charge tuition; provided that a 
15charter school may charge reasonable fees
for textbooks, 
16instructional materials, and student activities.

17 (f) A charter school shall be responsible for the 
18management and operation
of its fiscal affairs, including,
but 
19not limited to, the preparation of its budget. An audit of each 
20charter
school's finances shall be conducted annually by an 
21outside, independent
contractor retained by the charter 
22school. The contractor shall not be an employee of the charter 
23school or affiliated with the charter school or its authorizer 
24in any way, other than to audit the charter school's finances. 
25To ensure financial accountability for the use of public 
26funds, on or before December 1 of every year of operation, each 
 
 
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1charter school shall submit to its authorizer and the State 
2Board a copy of its audit and a copy of the Form 990 the 
3charter school filed that year with the federal Internal 
4Revenue Service. In addition, if deemed necessary for proper 
5financial oversight of the charter school, an authorizer may 
6require quarterly financial statements from each charter 
7school. 

8 (g) A charter school shall comply with all provisions of 
9this Article, the Illinois Educational Labor Relations Act, 
10all federal and State laws and rules applicable to public 
11schools that pertain to special education and the instruction 
12of English learners, and
its charter. A charter
school is 
13exempt from all other State laws and regulations in this Code

14governing public
schools and local school board policies; 
15however, a charter school is not exempt from the following:

16  (1) Sections 10-21.9 and 34-18.5 of this Code 
17 regarding criminal
history records checks and checks of 
18 the Statewide Sex Offender Database and Statewide Murderer 
19 and Violent Offender Against Youth Database of applicants 
20 for employment;

21  (2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and 
22 34-84a of this Code regarding discipline of
students;

23  (3) the Local Governmental and Governmental Employees 
24 Tort Immunity Act;

25  (4) Section 108.75 of the General Not For Profit 
26 Corporation Act of 1986
regarding indemnification of 
 
 
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1 officers, directors, employees, and agents;

2  (5) the Abused and Neglected Child Reporting Act;

3  (5.5) subsection (b) of Section 10-23.12 and 
4 subsection (b) of Section 34-18.6 of this Code;
5  (6) the Illinois School Student Records Act;

6  (7) Section 10-17a of this Code regarding school 
7 report cards;

8  (8) the P-20 Longitudinal Education Data System Act;
9  (9) Section 27-23.7 of this Code regarding bullying 
10 prevention;
11  (10) Section 2-3.162 of this Code regarding student 
12 discipline reporting;
13  (11) Sections 22-80 and 27-8.1 of this Code;
14  (12) Sections 10-20.60 and 34-18.53 of this Code;
15  (13) Sections 10-20.63 and 34-18.56 of this Code;
16  (14) Sections 22-90 and 26-18 of this Code;
17  (15) Section 22-30 of this Code; 
18  (16) Sections 24-12 and 34-85 of this Code;
19  (17) the Seizure Smart School Act;
20  (18) Section 2-3.64a-10 of this Code;
21  (19) Sections 10-20.73 and 34-21.9 of this Code;
22  (20) Section 10-22.25b of this Code;
23  (21) Section 27-9.1a of this Code;
24  (22) Section 27-9.1b of this Code; 
25  (23) Section 34-18.8 of this Code; and
26  (25) Section 2-3.188 of this Code;
 
 
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1  (26) Section 22-85.5 of this Code; 
2  (27) subsections Subsections (d-10), (d-15), and 
3 (d-20) of Section 10-20.56 of this Code; and 
4  (28) Sections 10-20.83 and 34-18.78 of this Code; . 
5  (29) (27) Section 10-20.13 of this Code; 
6  (30) (28) Section 28-19.2 of this Code; and 
7  (31) (29) Section 34-21.6 of this Code; . 
8  (32) (25) Section 22-85.10 of this Code; and .
9  (33) Sections 10-20.69 and 34-18.62 of this Code. 
10 The change made by Public Act 96-104 to this subsection 
11(g) is declaratory of existing law.
12 (h) A charter school may negotiate and contract with a 
13school district, the
governing body of a State college or 
14university or public community college, or
any other public or 
15for-profit or nonprofit private entity for: (i) the use
of a 
16school building and grounds or any other real property or 
17facilities that
the charter school desires to use or convert 
18for use as a charter school site,
(ii) the operation and 
19maintenance thereof, and
(iii) the provision of any service, 
20activity, or undertaking that the charter
school is required 
21to perform in order to carry out the terms of its charter.

22However, a charter school
that is established on
or
after 
23April 16, 2003 (the effective date of Public Act 93-3) and that 
24operates
in a city having a population exceeding
500,000 may 
25not contract with a for-profit entity to
manage or operate the 
26school during the period that commences on April 16, 2003 (the

 
 
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1effective date of Public Act 93-3) and
concludes at the end of 
2the 2004-2005 school year.
Except as provided in subsection 
3(i) of this Section, a school district may
charge a charter 
4school reasonable rent for the use of the district's

5buildings, grounds, and facilities. Any services for which a 
6charter school
contracts
with a school district shall be 
7provided by the district at cost. Any services
for which a 
8charter school contracts with a local school board or with the

9governing body of a State college or university or public 
10community college
shall be provided by the public entity at 
11cost.

12 (i) In no event shall a charter school that is established 
13by converting an
existing school or attendance center to 
14charter school status be required to
pay rent for space
that is 
15deemed available, as negotiated and provided in the charter 
16agreement,
in school district
facilities. However, all other 
17costs for the operation and maintenance of
school district 
18facilities that are used by the charter school shall be 
19subject
to negotiation between
the charter school and the 
20local school board and shall be set forth in the
charter.

21 (j) A charter school may limit student enrollment by age 
22or grade level.

23 (k) If the charter school is approved by the State Board or 
24Commission, then the charter school is its own local education 
25agency. 
26(Source: P.A. 101-50, eff. 7-1-20; 101-81, eff. 7-12-19; 
 
 
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1101-291, eff. 1-1-20; 101-531, eff. 8-23-19; 101-543, eff. 
28-23-19; 101-654, eff. 3-8-21; 102-51, eff. 7-9-21; 102-157, 
3eff. 7-1-22; 102-360, eff. 1-1-22; 102-445, eff. 8-20-21; 
4102-522, eff. 8-20-21; 102-558, eff. 8-20-21; 102-676, eff. 
512-3-21; 102-697, eff. 4-5-22; 102-702, eff. 7-1-23; 102-805, 
6eff. 1-1-23; 102-813, eff. 5-13-22; revised 12-13-22.)

7 (Text of Section after amendment by P.A. 102-466)
8 Sec. 27A-5. Charter school; legal entity; requirements. 

9 (a) A charter school shall be a public, nonsectarian, 
10nonreligious, non-home
based, and non-profit school. A charter 
11school shall be organized and operated
as a nonprofit 
12corporation or other discrete, legal, nonprofit entity

13authorized under the laws of the State of Illinois.

14 (b) A charter school may be established under this Article 
15by creating a new
school or by converting an existing public 
16school or attendance center to
charter
school status.

17Beginning on April 16, 2003 (the effective date of Public Act 
1893-3), in all new
applications to establish
a charter
school 
19in a city having a population exceeding 500,000, operation of 
20the
charter
school shall be limited to one campus. The changes 
21made to this Section by Public Act 93-3 do not apply to charter 
22schools existing or approved on or before April 16, 2003 (the

23effective date of Public Act 93-3).
24 (b-5) In this subsection (b-5), "virtual-schooling" means 
25a cyber school where students engage in online curriculum and 
 
 
10300SB0090sam001- 31 -LRB103 05472 RJT 59867 a


1instruction via the Internet and electronic communication with 
2their teachers at remote locations and with students 
3participating at different times. 
4 From April 1, 2013 through December 31, 2016, there is a 
5moratorium on the establishment of charter schools with 
6virtual-schooling components in school districts other than a 
7school district organized under Article 34 of this Code. This 
8moratorium does not apply to a charter school with 
9virtual-schooling components existing or approved prior to 
10April 1, 2013 or to the renewal of the charter of a charter 
11school with virtual-schooling components already approved 
12prior to April 1, 2013.

13 (c) A charter school shall be administered and governed by 
14its board of
directors or other governing body
in the manner 
15provided in its charter. The governing body of a charter 
16school
shall be subject to the Freedom of Information Act and 
17the Open Meetings Act. No later than January 1, 2021 (one year 
18after the effective date of Public Act 101-291), a charter 
19school's board of directors or other governing body must 
20include at least one parent or guardian of a pupil currently 
21enrolled in the charter school who may be selected through the 
22charter school or a charter network election, appointment by 
23the charter school's board of directors or other governing 
24body, or by the charter school's Parent Teacher Organization 
25or its equivalent. 
26 (c-5) No later than January 1, 2021 (one year after the 
 
 
10300SB0090sam001- 32 -LRB103 05472 RJT 59867 a


1effective date of Public Act 101-291) or within the first year 
2of his or her first term, every voting member of a charter 
3school's board of directors or other governing body shall 
4complete a minimum of 4 hours of professional development 
5leadership training to ensure that each member has sufficient 
6familiarity with the board's or governing body's role and 
7responsibilities, including financial oversight and 
8accountability of the school, evaluating the principal's and 
9school's performance, adherence to the Freedom of Information 
10Act and the Open Meetings Act, and compliance with education 
11and labor law. In each subsequent year of his or her term, a 
12voting member of a charter school's board of directors or 
13other governing body shall complete a minimum of 2 hours of 
14professional development training in these same areas. The 
15training under this subsection may be provided or certified by 
16a statewide charter school membership association or may be 
17provided or certified by other qualified providers approved by 
18the State Board of Education. 

19 (d) For purposes of this subsection (d), "non-curricular 
20health and safety requirement" means any health and safety 
21requirement created by statute or rule to provide, maintain, 
22preserve, or safeguard safe or healthful conditions for 
23students and school personnel or to eliminate, reduce, or 
24prevent threats to the health and safety of students and 
25school personnel. "Non-curricular health and safety 
26requirement" does not include any course of study or 
 
 
10300SB0090sam001- 33 -LRB103 05472 RJT 59867 a


1specialized instructional requirement for which the State 
2Board has established goals and learning standards or which is 
3designed primarily to impart knowledge and skills for students 
4to master and apply as an outcome of their education.
5 A charter school shall comply with all non-curricular 
6health and safety
requirements applicable to public schools 
7under the laws of the State of
Illinois. On or before September 
81, 2015, the State Board shall promulgate and post on its 
9Internet website a list of non-curricular health and safety 
10requirements that a charter school must meet. The list shall 
11be updated annually no later than September 1. Any charter 
12contract between a charter school and its authorizer must 
13contain a provision that requires the charter school to follow 
14the list of all non-curricular health and safety requirements 
15promulgated by the State Board and any non-curricular health 
16and safety requirements added by the State Board to such list 
17during the term of the charter. Nothing in this subsection (d) 
18precludes an authorizer from including non-curricular health 
19and safety requirements in a charter school contract that are 
20not contained in the list promulgated by the State Board, 
21including non-curricular health and safety requirements of the 
22authorizing local school board. 

23 (e) Except as otherwise provided in the School Code, a 
24charter school shall
not charge tuition; provided that a 
25charter school may charge reasonable fees
for textbooks, 
26instructional materials, and student activities.

 
 
10300SB0090sam001- 34 -LRB103 05472 RJT 59867 a


1 (f) A charter school shall be responsible for the 
2management and operation
of its fiscal affairs, including,
but 
3not limited to, the preparation of its budget. An audit of each 
4charter
school's finances shall be conducted annually by an 
5outside, independent
contractor retained by the charter 
6school. The contractor shall not be an employee of the charter 
7school or affiliated with the charter school or its authorizer 
8in any way, other than to audit the charter school's finances. 
9To ensure financial accountability for the use of public 
10funds, on or before December 1 of every year of operation, each 
11charter school shall submit to its authorizer and the State 
12Board a copy of its audit and a copy of the Form 990 the 
13charter school filed that year with the federal Internal 
14Revenue Service. In addition, if deemed necessary for proper 
15financial oversight of the charter school, an authorizer may 
16require quarterly financial statements from each charter 
17school. 

18 (g) A charter school shall comply with all provisions of 
19this Article, the Illinois Educational Labor Relations Act, 
20all federal and State laws and rules applicable to public 
21schools that pertain to special education and the instruction 
22of English learners, and
its charter. A charter
school is 
23exempt from all other State laws and regulations in this Code

24governing public
schools and local school board policies; 
25however, a charter school is not exempt from the following:

26  (1) Sections 10-21.9 and 34-18.5 of this Code 
 
 
10300SB0090sam001- 35 -LRB103 05472 RJT 59867 a


1 regarding criminal
history records checks and checks of 
2 the Statewide Sex Offender Database and Statewide Murderer 
3 and Violent Offender Against Youth Database of applicants 
4 for employment;

5  (2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and 
6 34-84a of this Code regarding discipline of
students;

7  (3) the Local Governmental and Governmental Employees 
8 Tort Immunity Act;

9  (4) Section 108.75 of the General Not For Profit 
10 Corporation Act of 1986
regarding indemnification of 
11 officers, directors, employees, and agents;

12  (5) the Abused and Neglected Child Reporting Act;

13  (5.5) subsection (b) of Section 10-23.12 and 
14 subsection (b) of Section 34-18.6 of this Code;
15  (6) the Illinois School Student Records Act;

16  (7) Section 10-17a of this Code regarding school 
17 report cards;

18  (8) the P-20 Longitudinal Education Data System Act;
19  (9) Section 27-23.7 of this Code regarding bullying 
20 prevention;
21  (10) Section 2-3.162 of this Code regarding student 
22 discipline reporting;
23  (11) Sections 22-80 and 27-8.1 of this Code;
24  (12) Sections 10-20.60 and 34-18.53 of this Code;
25  (13) Sections 10-20.63 and 34-18.56 of this Code;
26  (14) Sections 22-90 and 26-18 of this Code;
 
 
10300SB0090sam001- 36 -LRB103 05472 RJT 59867 a


1  (15) Section 22-30 of this Code; 
2  (16) Sections 24-12 and 34-85 of this Code;
3  (17) the Seizure Smart School Act;
4  (18) Section 2-3.64a-10 of this Code;
5  (19) Sections 10-20.73 and 34-21.9 of this Code;
6  (20) Section 10-22.25b of this Code;
7  (21) Section 27-9.1a of this Code;
8  (22) Section 27-9.1b of this Code; 
9  (23) Section 34-18.8 of this Code; 
10  (24) Article 26A of this Code; and
11  (25) Section 2-3.188 of this Code;
12  (26) Section 22-85.5 of this Code; 
13  (27) subsections Subsections (d-10), (d-15), and 
14 (d-20) of Section 10-20.56 of this Code; and 
15  (28) Sections 10-20.83 and 34-18.78 of this Code; . 
16  (29) (27) Section 10-20.13 of this Code; 
17  (30) (28) Section 28-19.2 of this Code; and 
18  (31) (29) Section 34-21.6 of this Code. 
19  (32) (25) Section 22-85.10 of this Code; and . 
20  (33) Sections 10-20.69 and 34-18.62 of this Code. 
21 The change made by Public Act 96-104 to this subsection 
22(g) is declaratory of existing law.
23 (h) A charter school may negotiate and contract with a 
24school district, the
governing body of a State college or 
25university or public community college, or
any other public or 
26for-profit or nonprofit private entity for: (i) the use
of a 
 
 
10300SB0090sam001- 37 -LRB103 05472 RJT 59867 a


1school building and grounds or any other real property or 
2facilities that
the charter school desires to use or convert 
3for use as a charter school site,
(ii) the operation and 
4maintenance thereof, and
(iii) the provision of any service, 
5activity, or undertaking that the charter
school is required 
6to perform in order to carry out the terms of its charter.

7However, a charter school
that is established on
or
after 
8April 16, 2003 (the effective date of Public Act 93-3) and that 
9operates
in a city having a population exceeding
500,000 may 
10not contract with a for-profit entity to
manage or operate the 
11school during the period that commences on April 16, 2003 (the

12effective date of Public Act 93-3) and
concludes at the end of 
13the 2004-2005 school year.
Except as provided in subsection 
14(i) of this Section, a school district may
charge a charter 
15school reasonable rent for the use of the district's

16buildings, grounds, and facilities. Any services for which a 
17charter school
contracts
with a school district shall be 
18provided by the district at cost. Any services
for which a 
19charter school contracts with a local school board or with the

20governing body of a State college or university or public 
21community college
shall be provided by the public entity at 
22cost.

23 (i) In no event shall a charter school that is established 
24by converting an
existing school or attendance center to 
25charter school status be required to
pay rent for space
that is 
26deemed available, as negotiated and provided in the charter 
 
 
10300SB0090sam001- 38 -LRB103 05472 RJT 59867 a


1agreement,
in school district
facilities. However, all other 
2costs for the operation and maintenance of
school district 
3facilities that are used by the charter school shall be 
4subject
to negotiation between
the charter school and the 
5local school board and shall be set forth in the
charter.

6 (j) A charter school may limit student enrollment by age 
7or grade level.

8 (k) If the charter school is approved by the State Board or 
9Commission, then the charter school is its own local education 
10agency. 
11(Source: P.A. 101-50, eff. 7-1-20; 101-81, eff. 7-12-19; 
12101-291, eff. 1-1-20; 101-531, eff. 8-23-19; 101-543, eff. 
138-23-19; 101-654, eff. 3-8-21; 102-51, eff. 7-9-21; 102-157, 
14eff. 7-1-22; 102-360, eff. 1-1-22; 102-445, eff. 8-20-21; 
15102-466, eff. 7-1-25; 102-522, eff. 8-20-21; 102-558, eff. 
168-20-21; 102-676, eff. 12-3-21; 102-697, eff. 4-5-22; 102-702, 
17eff. 7-1-23; 102-805, eff. 1-1-23; 102-813, eff. 5-13-22; 
18revised 12-13-22.)




19 (105 ILCS 5/34-18.62)


20 Sec. 34-18.62. Policies Policy on sexual harassment and 
21discrimination. 
22 (a) The school district must create, maintain, and 
23implement an age-appropriate policy on sexual harassment that 
24must be posted on the school district's website and, if 
25applicable, any other area where policies, rules, and 
 
 
10300SB0090sam001- 39 -LRB103 05472 RJT 59867 a


1standards of conduct are currently posted in each school and 
2must also be included in the school district's student code of 
3conduct handbook.

4 (b) The school district must create, implement, and 
5maintain an age-appropriate policy on race-related harassment 
6and discrimination. This policy must be in compliance with and 
7distributed in accordance with Section 5A-103 of the Illinois 
8Human Rights Act. 
9(Source: P.A. 101-418, eff. 1-1-20; 102-558, eff. 8-20-21.)


10 Section 10. The Illinois Human Rights Act is amended by 
11changing Sections 1-102, 5A-101, 5A-102, and 6-101 and by 
12adding Section 5A-103 as follows:

13 (775 ILCS 5/1-102) (from Ch. 68, par. 1-102)
14 Sec. 1-102. Declaration of Policy.  It is the public 
15policy of this State:


16 (A) Freedom from Unlawful Discrimination. To secure for 
17all individuals
within Illinois the freedom from 
18discrimination against any individual because
of his or her 
19race, color, religion, sex, national origin, ancestry, age, 
20order of protection status,
marital status, physical or mental 
21disability, military
status, sexual orientation, pregnancy, or 
22unfavorable
discharge from military service in connection with 
23employment, real estate
transactions, access to financial 
24credit, and the availability of public
accommodations, 
 
 
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1including elementary, secondary, and higher education 
2institutions.


3 (B) Freedom from Sexual Harassment-Employment and 
4Elementary, Secondary, and Higher Education.
To prevent sexual 
5harassment in employment and sexual harassment in
elementary, 
6secondary, and higher education.


7 (C) Freedom from Discrimination Based on Citizenship 
8Status-Employment.
To prevent discrimination based on 
9citizenship status in employment.


10 (C-5) Freedom from Discrimination Based on Work 
11Authorization Status-Employment. To prevent discrimination 
12based on the specific status or term of status that 
13accompanies a legal work authorization. 
14 (D) Freedom from Discrimination Based on Familial Status 
15or Source of Income-Real Estate
Transactions. To prevent 
16discrimination based on familial status or source of income in 
17real
estate transactions.


18 (E) Public Health, Welfare and Safety. To promote the 
19public health,
welfare and safety by protecting the interest 
20of all people in Illinois
in maintaining personal dignity, in 
21realizing their full productive
capacities, and in furthering 
22their interests, rights and privileges as
citizens of this 
23State.


24 (F) Implementation of Constitutional Guarantees. To secure 
25and
guarantee the rights established by Sections 17, 18 and 19 
26of Article I
of the Illinois Constitution of 1970.


 
 
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1 (G) Equal Opportunity, Affirmative Action. To establish 
2Equal
Opportunity and Affirmative Action as the policies of 
3this State in all
of its decisions, programs and activities, 
4and to assure that all State
departments, boards, commissions 
5and instrumentalities rigorously take
affirmative action to 
6provide equality of opportunity and eliminate the
effects of 
7past discrimination in the internal affairs of State

8government and in their relations with the public.


9 (H) Unfounded Charges. To protect citizens of this State 
10against
unfounded charges of unlawful discrimination, sexual 
11harassment in
employment and sexual harassment in elementary, 
12secondary, and higher education, race-related harassment in 
13elementary, secondary, and higher education and discrimination

14based on citizenship status or work authorization status in 
15employment.


16(Source: P.A. 102-233, eff. 8-2-21; 102-896, eff. 1-1-23.)


17 (775 ILCS 5/5A-101) (from Ch. 68, par. 5A-101)

18 Sec. 5A-101. Definitions.  The following definitions are 
19applicable
strictly in the content of this Article, except 
20that the terms term "sexual
harassment
in elementary, 
21secondary, and
higher education" and "race related harassment 
22in elementary, secondary, and higher education" as defined 
23herein have has the meaning herein ascribed to those terms
it 
24whenever those terms are that term is used anywhere in this 
25Act.


 
 
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1 (A) Institution of Elementary, Secondary, or Higher 
2Education. "Institution of elementary, secondary, or higher 
3education"
means: (1) a
publicly or privately operated 
4university, college,
community
college, junior college, 
5business or vocational school, or other educational

6institution offering degrees and instruction beyond the

7secondary
school level; or
(2) a publicly or privately 
8operated elementary school or secondary school.


9 (B) Degree. "Degree" means: (1) a
designation, 
10appellation,
series of letters
or words or other symbols which 
11signifies or purports to signify that the
recipient thereof 
12has satisfactorily completed an organized academic, business

13or vocational program of study offered beyond the
secondary

14school level; or (2) a designation signifying that the 
15recipient has
graduated from an elementary school or secondary 
16school.


17 (C) Student. "Student" means any individual admitted to or 
18applying for
admission to an institution of elementary, 
19secondary, or higher education, or
enrolled on a full or
part 
20time basis in a course or program of academic, business or 
21vocational
instruction offered by or through an institution of 
22elementary, secondary, or higher education.


23 (D) Elementary, Secondary, or Higher Education 
24Representative. "Elementary, secondary, or higher education

25representative"
means and includes the president, chancellor 
26or other holder of any executive
office on the administrative 
 
 
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1staff of an institution of higher education,
an administrator 
2of an elementary school or secondary school, a
member of the 
3faculty of an institution of higher education,
including
but 
4not limited to a dean or associate or assistant dean, a 
5professor or
associate or assistant professor, and a full or 
6part time instructor or
visiting professor, including a 
7graduate assistant or other student who
is employed on a 
8temporary basis of less than full time as a teacher or

9instructor of any course or program of academic, business or 
10vocational
instruction offered by or through an institution of 
11higher education, and any
teacher, instructor, or other 
12employee of an elementary school or secondary school.


13 (E) Sexual Harassment in Elementary, Secondary, and Higher 
14Education. "Sexual harassment in
elementary, secondary, and

15higher
education" means any unwelcome sexual advances or 
16requests for sexual favors
made by an elementary, secondary, 
17or
higher
education representative to a student, or any

18conduct of
a sexual nature exhibited by
an elementary, 
19secondary, or
higher education representative
toward a

20student, when such conduct has the purpose of substantially 
21interfering
with the student's educational performance or 
22creating an intimidating,
hostile or offensive educational 
23environment; or when the elementary, secondary, or higher 
24education
representative either explicitly or implicitly makes 
25the student's submission
to such conduct a term or condition 
26of, or uses the student's submission
to or rejection of such 
 
 
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1conduct as a basis for determining:


2  (1) Whether the student will be admitted to an 
3 institution
of elementary, secondary, or higher education;


4  (2) The educational performance required or expected 
5 of the student;


6  (3) The attendance or assignment requirements 
7 applicable to the student;


8  (4) To what courses, fields of study or programs, 
9 including honors and
graduate programs, the student will 
10 be admitted;


11  (5) What placement or course proficiency requirements 
12 are applicable to the
student;


13  (6) The quality of instruction the student will 
14 receive;


15  (7) What tuition or fee requirements are applicable to 
16 the student;


17  (8) What scholarship opportunities are available to 
18 the student;


19  (9) What extracurricular teams the student will be a 
20 member of or in what
extracurricular competitions the 
21 student will participate;


22  (10) Any grade the student will receive in any 
23 examination or in any course
or program of instruction in 
24 which the student is enrolled;


25  (11) The progress of the student toward successful 
26 completion of or graduation
from any course or program of 
 
 
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1 instruction in which the student is enrolled; or


2  (12) What degree, if any, the student will receive.


3 (F) Race-Related Harassment in Elementary, Secondary, or 
4Higher Education. "Race-related harassment in elementary, 
5secondary, or higher education" means any unwelcome conduct on 
6the basis of an individual's actual or perceived race, color, 
7or national origin, that has the purpose or effect of 
8substantially interfering with the individual's academic 
9performance or creating an intimidating, hostile, or offensive 
10academic environment. For purposes of this definition, the 
11phrase "academic environment" is not limited to a physical 
12location that an employee is assigned to in order to perform 
13his or her duties. 
14(Source: P.A. 96-1319, eff. 7-27-10.)





15 (775 ILCS 5/5A-102) (from Ch. 68, par. 5A-102)



16 Sec. 5A-102. Civil Rights Violations-Elementary, 
17Secondary, and Higher Education. It is a civil
rights 
18violation:

19 (A) Sexual Harassment-Elementary Elementary, Secondary, or 
20Higher Education Representative. For any elementary, 
21secondary, or higher education representative
to commit or 
22engage in sexual harassment in elementary, secondary, or 
23higher education.

24 (B) Sexual Harassment-Institution Institution of 
25Elementary, Secondary, or Higher Education. For any 
 
 
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1institution of elementary, secondary, or higher education
to 
2fail to take remedial action, or to fail to take appropriate 
3disciplinary
action against an elementary, secondary, or 
4higher education representative employed by such institution,

5when such institution knows that such elementary, secondary, 
6or higher education representative was
committing or engaging 
7in or committed or engaged
in sexual harassment in elementary, 
8secondary, or higher education.

9 (C) Race-Related Harassment-Elementary, Secondary, or 
10Higher Education Representative. For any elementary, 
11secondary, or higher education representative to commit or 
12engage in race-related harassment in elementary, secondary, or 
13higher education. 
14 (D) Race-Related Harassment-Institution of Elementary, 
15Secondary, or Higher Education. For any institution of 
16elementary, secondary, or higher education to fail to take 
17remedial action or to fail to take appropriate disciplinary 
18action against an elementary, secondary, or higher education 
19representative employed by the institution if the institution 
20knows that the elementary, secondary, or higher education 
21representative was committing or engaging in or committed or 
22engaged in harassment in elementary, secondary, or higher 
23education. 
24(Source: P.A. 96-574, eff. 8-18-09; 96-1319, eff. 7-27-10.)


25 (775 ILCS 5/5A-103 new)
 
 
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1 Sec. 5A-103. Race-related harassment.
2 (a) The General Assembly finds that the organizational 
3tolerance of race-related harassment has a detrimental 
4influence in schools, contributing to psychological and 
5physical harm, substance abuse, and poorer academic outcomes 
6for students of color and higher rates of teacher turnover 
7among teachers of color. The General Assembly further finds 
8that incidents of race-related harassment have increased 
9significantly, with students of color experiencing, on 
10average, as many as 5 incidents of racism a day. It is the 
11General Assembly's intent that each institution of elementary, 
12secondary, or higher education in this State adopt and 
13actively implement policies to reduce race-related harassment; 
14to ensure students, parents or guardians, and employees know 
15how to recognize and report harassment; and to ensure 
16institutions are safe for students, parents or guardians, and 
17employees to report race-related harassment without fear of 
18retaliation, loss of status, or loss of opportunities.
19 (b) Each institution of elementary, secondary, or higher 
20education to which this Act applies shall establish, 
21implement, and maintain a continuing race-related harassment 
22program that shall include all of the following: 
23  (1) The development of a written policy on 
24 race-related harassment that includes, at a minimum, the 
25 following information: 
26   (A) the illegality of unlawful harassment in 
 
 
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1 elementary, secondary, or higher education;
2   (B) the definitions of unlawful harassment in 
3 elementary, secondary, or higher education under this 
4 Act;
5   (C) the illegality of criteria or methods of 
6 administration that have the effect of subjecting 
7 individuals to harassment because of their race, 
8 color, national origin, or gender, as described in the 
9 Illinois Civil Rights Act of 2003;
10   (D) descriptions of various forms of harassment 
11 related to race, including, but not limited to, 
12 microaggressions, derogatory cultural appropriation, 
13 and discrimination based on disparate impact, 
14 utilizing examples;
15   (E) the institution's internal complaint process, 
16 including penalties;
17   (F) the legal recourse, investigative, and 
18 complaint process available through the Department and 
19 the Commission and through federal agencies;
20   (G) directions on how to contact the Department 
21 and Commission; and
22   (H) protection against retaliation as provided in 
23 Section 6-101 of this Act.
24  This policy may be included as part of a broader 
25 anti-harassment policy provided it is distinguished with 
26 an appropriate title, heading, or label. The policy shall 
 
 
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1 be reviewed annually. 
2  (2) The posting, in a prominent and accessible 
3 location, and distribution, in a manner to ensure notice 
4 to all employees without exception, of the institution's 
5 policy described in paragraph (1). Such documents may 
6 meet, but shall not exceed, a sixth-grade literacy level. 
7 Distribution shall be effectuated within 90 days after the 
8 effective date of this amendatory Act of the 103rd General 
9 Assembly and shall occur annually thereafter. 
10  (3) Distribution of the institution's policy described 
11 in paragraph (1) on the institution's Internet website, in 
12 a student handbook if one exists, and in a posting where 
13 other policies, rules, and standards of conduct are 
14 posted, if applicable, periodically throughout the school 
15 year to students and faculty, and an annual distribution 
16 of a summary of the policy in accessible, age-appropriate 
17 language to students and to the parents or guardians of 
18 minor students.
19  (4) Training on the prevention of race-related 
20 harassment under the institution's policy described in 
21 paragraph (1) as a component of all ongoing or new 
22 employee training programs for elementary, secondary, or 
23 higher education representatives. The training must regard 
24 participants as potential bystanders, rather than 
25 potential offenders; provide participants with criteria 
26 for identifying racial harassment; and include all of the 
 
 
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1 elements required to be included in the policy described 
2 in paragraph (1). 
3 (c) In the creation and implementation of policies and 
4procedures to prevent and address race-related harassment, 
5institutions of elementary, secondary, or higher education: 
6  (1) shall reduce or remove, to the extent practicable, 
7 barriers to student reporting of race-related harassment 
8 in order to minimize the burden on students who wish to 
9 report harassment; 
10  (2) shall permit any person who reports a violation or 
11 any victim of a civil rights violation to be accompanied 
12 by an advisor of the person's choice when making a report 
13 and in subsequent interactions with elementary, secondary, 
14 or higher education representatives who are investigating 
15 or taking action as a result of a report; 
16  (3) shall provide a procedure for anonymous reporting; 
17 however, this paragraph(3) may not be construed to permit 
18 formal disciplinary action solely on the basis of an 
19 anonymous report; 
20  (4) shall differentiate interventions based on whether 
21 the offender is a minor or an adult, on whether the 
22 offender is a student or an elementary, secondary, or 
23 higher education representative, and on the severity and 
24 pervasiveness of the offense. For students and minors, 
25 interventions may include, but are not limited to, school 
26 social work services, restorative measures, schedule 
 
 
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1 changes or class reassignment, social-emotional skill 
2 building, education about diversity or implicit bias, 
3 counseling, school psychological services, 
4 community-based services, suspension, or expulsion. For 
5 elementary, secondary, or higher education 
6 representatives, interventions may include, but are not 
7 limited to, restorative measures, social-emotional skill 
8 building, additional training concerning diversity or 
9 implicit bias, counseling, suspension, demotion, or 
10 dismissal; 
11  (5) may offer a person who reports a civil rights 
12 violation the option to pursue reconciliation with the 
13 offender but may not require or unduly influence that 
14 person to pursue such reconciliation; and 
15  (6) may not cause a victim of a civil rights violation 
16 to suffer adverse consequences as a result of a report of, 
17 investigation of, or response to that violation, 
18 including, but not limited to, being reassigned to a less 
19 rigorous academic course of study, being forced to take 
20 paid or unpaid leave, being demoted or denied promotion or 
21 additional titles, or being otherwise disciplined. This 
22 protection may not permit victims to engage in retaliation 
23 against the offender or limit an institution of 
24 elementary, secondary, or higher education from applying 
25 disciplinary measures in response to other acts or conduct 
26 not related to the process of reporting, investigating, or 
 
 
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1 responding to a civil rights violation.
2 (d) The Department shall produce a model race-related 
3harassment prevention training program aimed at the prevention 
4of race-related harassment in schools. The model program shall 
5be made available to institutions of elementary, secondary, or 
6higher education and to the public online at no cost. This 
7model program shall meet the requirements of paragraph (4) of 
8subsection (b).
9 (e) Each institution of elementary, secondary, or higher 
10education shall annually submit a report to the Department 
11that includes the current policy on race-related harassment 
12described in paragraph (1) of subsection (b), the number of 
13reports of race-related harassment received in the preceding 
14academic year; the type or types of race-related harassment 
15included in each report as described in this Act; and the 
16outcome of each report, including the response taken to 
17address or prevent harassment, if applicable. This annual 
18report may not include any information that personally 
19identifies any individual or group of individuals. The 
20Department shall provide a standard format for reporting to 
21all institutions of elementary, secondary, or higher 
22education. 
23 (f) Upon notification of a failure to establish, 
24implement, or maintain a continuing race-related harassment 
25program as set forth in subsection (b), the Department may 
26launch a preliminary investigation. If the Department finds a 
 
 
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1failure to conform to the requirements of subsection (b), the 
2Department may issue a notice to show cause, giving the 
3institution 30 days to correct the failure to conform. If the 
4failure to conform is not corrected, the Department may 
5initiate a charge of a civil rights violation. 

6 (775 ILCS 5/6-101) (from Ch. 68, par. 6-101)

7 Sec. 6-101. Additional civil rights violations under 
8Articles 2, 4, 5, and 5A. It is a civil rights
violation for a 
9person, or for 2 or more persons, to conspire to:


10  (A) Retaliation. Retaliate against a person because he 
11 or she has
opposed that which he or she reasonably and in 
12 good faith believes to be
unlawful discrimination, 
13 race-related harassment, race-related harassment in 
14 elementary, secondary, or higher education, sexual 
15 harassment in employment, sexual
harassment in elementary, 
16 secondary, and higher
education, or discrimination based 
17 on arrest record, citizenship status, or work 
18 authorization status
in employment under Articles 2, 4, 5, 
19 and 5A, because he or she has made a charge, filed a 
20 complaint,
testified, assisted, or participated in an 
21 investigation, proceeding, or
hearing under this Act, or 
22 because he or she has requested, attempted to request, 
23 used, or attempted to use a reasonable accommodation as 
24 allowed by this Act;


25  (B) Aiding and Abetting; Coercion. Aid, abet, compel, 
 
 
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1 or coerce a
person to commit any violation of this Act;


2  (C) Interference. Wilfully interfere with the 
3 performance of a duty
or the exercise of a power by the 
4 Commission or one of its members or
representatives or the 
5 Department or one of its officers or employees.


6 Definitions. For the purposes of this Section, "sexual

7harassment", "race-related harassment", "citizenship status", 
8and "work authorization status" shall have the same meaning as 
9defined in
Section 2-101 of this Act.


10(Source: P.A. 102-233, eff. 8-2-21; 102-362, eff. 1-1-22; 
11102-813, eff. 5-13-22.)


12 Section 95. No acceleration or delay. Where this Act makes 
13changes in a statute that is represented in this Act by text 
14that is not yet or no longer in effect (for example, a Section 
15represented by multiple versions), the use of that text does 
16not accelerate or delay the taking effect of (i) the changes 
17made by this Act or (ii) provisions derived from any other 
18Public Act.


19 Section 99. Effective date. This Act takes effect August 
201, 2024.".