Sen. Laura M. Murphy
Filed: 5/2/2023
 
 


 




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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 Freedom of Information Act is amended by 
7changing Section 7.5 as follows:



8 (5 ILCS 140/7.5)



9 Sec. 7.5. Statutory exemptions. To the extent provided for 
10by the statutes referenced below, the following shall be 
11exempt from inspection and copying:
12  (a) All information determined to be confidential 
13 under Section 4002 of the Technology Advancement and 
14 Development Act.
15  (b) Library circulation and order records identifying 
 
 
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1 library users with specific materials under the Library 
2 Records Confidentiality Act.
3  (c) Applications, related documents, and medical 
4 records received by the Experimental Organ Transplantation 
5 Procedures Board and any and all documents or other 
6 records prepared by the Experimental Organ Transplantation 
7 Procedures Board or its staff relating to applications it 
8 has received.
9  (d) Information and records held by the Department of 
10 Public Health and its authorized representatives relating 
11 to known or suspected cases of sexually transmissible 
12 disease or any information the disclosure of which is 
13 restricted under the Illinois Sexually Transmissible 
14 Disease Control Act.
15  (e) Information the disclosure of which is exempted 
16 under Section 30 of the Radon Industry Licensing Act.
17  (f) Firm performance evaluations under Section 55 of 
18 the Architectural, Engineering, and Land Surveying 
19 Qualifications Based Selection Act.
20  (g) Information the disclosure of which is restricted 
21 and exempted under Section 50 of the Illinois Prepaid 
22 Tuition Act.
23  (h) Information the disclosure of which is exempted 
24 under the State Officials and Employees Ethics Act, and 
25 records of any lawfully created State or local inspector 
26 general's office that would be exempt if created or 
 
 
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1 obtained by an Executive Inspector General's office under 
2 that Act.
3  (i) Information contained in a local emergency energy 
4 plan submitted to a municipality in accordance with a 
5 local emergency energy plan ordinance that is adopted 
6 under Section 11-21.5-5 of the Illinois Municipal Code.
7  (j) Information and data concerning the distribution 
8 of surcharge moneys collected and remitted by carriers 
9 under the Emergency Telephone System Act.
10  (k) Law enforcement officer identification information 
11 or driver identification information compiled by a law 
12 enforcement agency or the Department of Transportation 
13 under Section 11-212 of the Illinois Vehicle Code.
14  (l) Records and information provided to a residential 
15 health care facility resident sexual assault and death 
16 review team or the Executive Council under the Abuse 
17 Prevention Review Team Act.
18  (m) Information provided to the predatory lending 
19 database created pursuant to Article 3 of the Residential 
20 Real Property Disclosure Act, except to the extent 
21 authorized under that Article.
22  (n) Defense budgets and petitions for certification of 
23 compensation and expenses for court appointed trial 
24 counsel as provided under Sections 10 and 15 of the 
25 Capital Crimes Litigation Act. This subsection (n) shall 
26 apply until the conclusion of the trial of the case, even 
 
 
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1 if the prosecution chooses not to pursue the death penalty 
2 prior to trial or sentencing.
3  (o) Information that is prohibited from being 
4 disclosed under Section 4 of the Illinois Health and 
5 Hazardous Substances Registry Act.
6  (p) Security portions of system safety program plans, 
7 investigation reports, surveys, schedules, lists, data, or 
8 information compiled, collected, or prepared by or for the 
9 Department of Transportation under Sections 2705-300 and 
10 2705-616 of the Department of Transportation Law of the 
11 Civil Administrative Code of Illinois, the Regional 
12 Transportation Authority under Section 2.11 of the 
13 Regional Transportation Authority Act, or the St. Clair 
14 County Transit District under the Bi-State Transit Safety 
15 Act. 
16  (q) Information prohibited from being disclosed by the 
17 Personnel Record Review Act. 
18  (r) Information prohibited from being disclosed by the 
19 Illinois School Student Records Act. 
20  (s) Information the disclosure of which is restricted 
21 under Section 5-108 of the Public Utilities Act. 

22  (t) All identified or deidentified health information 
23 in the form of health data or medical records contained 
24 in, stored in, submitted to, transferred by, or released 
25 from the Illinois Health Information Exchange, and 
26 identified or deidentified health information in the form 
 
 
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1 of health data and medical records of the Illinois Health 
2 Information Exchange in the possession of the Illinois 
3 Health Information Exchange Office due to its 
4 administration of the Illinois Health Information 
5 Exchange. The terms "identified" and "deidentified" shall 
6 be given the same meaning as in the Health Insurance 
7 Portability and Accountability Act of 1996, Public Law 
8 104-191, or any subsequent amendments thereto, and any 
9 regulations promulgated thereunder. 
10  (u) Records and information provided to an independent 
11 team of experts under the Developmental Disability and 
12 Mental Health Safety Act (also known as Brian's Law). 
13  (v) Names and information of people who have applied 
14 for or received Firearm Owner's Identification Cards under 
15 the Firearm Owners Identification Card Act or applied for 
16 or received a concealed carry license under the Firearm 
17 Concealed Carry Act, unless otherwise authorized by the 
18 Firearm Concealed Carry Act; and databases under the 
19 Firearm Concealed Carry Act, records of the Concealed 
20 Carry Licensing Review Board under the Firearm Concealed 
21 Carry Act, and law enforcement agency objections under the 
22 Firearm Concealed Carry Act. 
23  (v-5) Records of the Firearm Owner's Identification 
24 Card Review Board that are exempted from disclosure under 
25 Section 10 of the Firearm Owners Identification Card Act.
26  (w) Personally identifiable information which is 
 
 
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1 exempted from disclosure under subsection (g) of Section 
2 19.1 of the Toll Highway Act.
3  (x) Information which is exempted from disclosure 
4 under Section 5-1014.3 of the Counties Code or Section 
5 8-11-21 of the Illinois Municipal Code. 
6  (y) Confidential information under the Adult 
7 Protective Services Act and its predecessor enabling 
8 statute, the Elder Abuse and Neglect Act, including 
9 information about the identity and administrative finding 
10 against any caregiver of a verified and substantiated 
11 decision of abuse, neglect, or financial exploitation of 
12 an eligible adult maintained in the Registry established 
13 under Section 7.5 of the Adult Protective Services Act. 
14  (z) Records and information provided to a fatality 
15 review team or the Illinois Fatality Review Team Advisory 
16 Council under Section 15 of the Adult Protective Services 
17 Act. 
18  (aa) Information which is exempted from disclosure 
19 under Section 2.37 of the Wildlife Code. 
20  (bb) Information which is or was prohibited from 
21 disclosure by the Juvenile Court Act of 1987. 
22  (cc) Recordings made under the Law Enforcement 
23 Officer-Worn Body Camera Act, except to the extent 
24 authorized under that Act.
25  (dd) Information that is prohibited from being 
26 disclosed under Section 45 of the Condominium and Common 
 
 
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1 Interest Community Ombudsperson Act. 
2  (ee) Information that is exempted from disclosure 
3 under Section 30.1 of the Pharmacy Practice Act. 
4  (ff) Information that is exempted from disclosure 
5 under the Revised Uniform Unclaimed Property Act. 
6  (gg) Information that is prohibited from being 
7 disclosed under Section 7-603.5 of the Illinois Vehicle 
8 Code. 
9  (hh) Records that are exempt from disclosure under 
10 Section 1A-16.7 of the Election Code. 
11  (ii) Information which is exempted from disclosure 
12 under Section 2505-800 of the Department of Revenue Law of 
13 the Civil Administrative Code of Illinois. 
14  (jj) Information and reports that are required to be 
15 submitted to the Department of Labor by registering day 
16 and temporary labor service agencies but are exempt from 
17 disclosure under subsection (a-1) of Section 45 of the Day 
18 and Temporary Labor Services Act. 
19  (kk) Information prohibited from disclosure under the 
20 Seizure and Forfeiture Reporting Act. 
21  (ll) Information the disclosure of which is restricted 
22 and exempted under Section 5-30.8 of the Illinois Public 
23 Aid Code. 
24  (mm) Records that are exempt from disclosure under 
25 Section 4.2 of the Crime Victims Compensation Act. 
26  (nn) Information that is exempt from disclosure under 
 
 
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1 Section 70 of the Higher Education Student Assistance Act. 
2  (oo) Communications, notes, records, and reports 
3 arising out of a peer support counseling session 
4 prohibited from disclosure under the First Responders 
5 Suicide Prevention Act. 
6  (pp) Names and all identifying information relating to 
7 an employee of an emergency services provider or law 
8 enforcement agency under the First Responders Suicide 
9 Prevention Act. 
10  (qq) Information and records held by the Department of 
11 Public Health and its authorized representatives collected 
12 under the Reproductive Health Act. 
13  (rr) Information that is exempt from disclosure under 
14 the Cannabis Regulation and Tax Act. 
15  (ss) Data reported by an employer to the Department of 
16 Human Rights pursuant to Section 2-108 of the Illinois 
17 Human Rights Act.
18  (tt) Recordings made under the Children's Advocacy 
19 Center Act, except to the extent authorized under that 
20 Act. 
21  (uu) Information that is exempt from disclosure under 
22 Section 50 of the Sexual Assault Evidence Submission Act. 
23  (vv) Information that is exempt from disclosure under 
24 subsections (f) and (j) of Section 5-36 of the Illinois 
25 Public Aid Code. 
26  (ww) Information that is exempt from disclosure under 
 
 
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1 Section 16.8 of the State Treasurer Act. 
2  (xx) Information that is exempt from disclosure or 
3 information that shall not be made public under the 
4 Illinois Insurance Code. 
5  (yy) Information prohibited from being disclosed under 
6 the Illinois Educational Labor Relations Act.
7  (zz) Information prohibited from being disclosed under 
8 the Illinois Public Labor Relations Act. 
9  (aaa) Information prohibited from being disclosed 
10 under Section 1-167 of the Illinois Pension Code. 
11  (bbb) Information that is prohibited from disclosure 
12 by the Illinois Police Training Act and the Illinois State 
13 Police Act. 
14  (ccc) Records exempt from disclosure under Section

15 2605-304 of the Illinois State Police Law of the Civil

16 Administrative Code of Illinois. 
17  (ddd) Information prohibited from being disclosed 
18 under Section 35 of the Address Confidentiality for 
19 Victims of Domestic Violence, Sexual Assault, Human 
20 Trafficking, or Stalking Act. 
21  (eee) Information prohibited from being disclosed 
22 under subsection (b) of Section 75 of the Domestic 
23 Violence Fatality Review Act. 
24  (fff) Images from cameras under the Expressway Camera 
25 Act. This subsection (fff) is inoperative on and after 
26 July 1, 2023. 
 
 
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1  (ggg) Information prohibited from disclosure under 
2 paragraph (3) of subsection (a) of Section 14 of the Nurse 
3 Agency Licensing Act. 
4  (hhh) Information submitted to the Illinois Department 
5 of State Police in an affidavit or application for an 
6 assault weapon endorsement, assault weapon attachment 
7 endorsement, .50 caliber rifle endorsement, or .50 caliber 
8 cartridge endorsement under the Firearm Owners 
9 Identification Card Act. 
10  (iii) Data exempt from disclosure under Section 
11 2-3.196 of the School Code. 
12(Source: P.A. 101-13, eff. 6-12-19; 101-27, eff. 6-25-19; 
13101-81, eff. 7-12-19; 101-221, eff. 1-1-20; 101-236, eff. 
141-1-20; 101-375, eff. 8-16-19; 101-377, eff. 8-16-19; 101-452, 
15eff. 1-1-20; 101-466, eff. 1-1-20; 101-600, eff. 12-6-19; 
16101-620, eff 12-20-19; 101-649, eff. 7-7-20; 101-652, eff. 
171-1-22; 101-656, eff. 3-23-21; 102-36, eff. 6-25-21; 102-237, 
18eff. 1-1-22; 102-292, eff. 1-1-22; 102-520, eff. 8-20-21; 
19102-559, eff. 8-20-21; 102-813, eff. 5-13-22; 102-946, eff. 
207-1-22; 102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; revised 
212-13-23.)

22 Section 10. The School Code is amended by adding Sections 
232-3.196 and 22-95 and by changing Sections 27A-5 and 34-18.62 
24as follows:

 
 
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1 (105 ILCS 5/2-3.196 new)
2 Sec. 2-3.196. Discrimination, harassment, and retaliation 
3reporting.
4 (a) The requirements of this Section are subject to 
5appropriation. 
6 (b) The State Board of Education shall build data 
7collection systems to allow the collection of data on 
8allegations of the conduct described in paragraph (1). By 
9August 1 of the year after the system is implemented and by 
10each August 1 thereafter, each school district, charter 
11school, and nonpublic, nonsectarian elementary or secondary 
12school shall disclose to the State Board of Education all of 
13the following information:
14  (1) The total number of reported allegations of 
15 discrimination, harassment, or retaliation against 
16 students received by each school district, charter school, 
17 or nonpublic, nonsectarian elementary or secondary school 
18 during the preceding school year, defined as August 1 to 
19 July 31, and the total amount of allegations in each of the 
20 following categories:
21   (A) sexual harassment;
22   (B) discrimination or harassment on the basis of 
23 race, color, or national origin;
24   (C) discrimination or harassment on the basis of 
25 sex;
26   (D) discrimination or harassment on the basis of 
 
 
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1 religion;
2   (E) discrimination or harassment on the basis of 
3 disability; and
4   (F) retaliation.
5  (2) The status of allegations, as of the last day of 
6 the reporting period, in each category under paragraph 
7 (1).
8  Allegations shall be reported as unfounded, founded, 
9 or investigation pending by the school district, charter 
10 school, or nonpublic, nonsectarian elementary or secondary 
11 school.
12 (c) A school district, charter school, or nonpublic, 
13nonsectarian elementary or secondary school may not include in 
14any disclosures required under this Section any information by 
15which an individual may be personally identified, including 
16the name of the victim or victims or those accused of an act of 
17alleged harassment.
18 (d) If a school district, charter school, or nonpublic, 
19non-sectarian elementary or secondary school fails to disclose 
20the information required in subsection (b) of this Section by 
21July 31 of the reporting school year, the State Board of 
22Education shall provide a written request for disclosure to 
23the school district, charter school, or nonpublic, 
24nonsectarian elementary or secondary school, thereby providing 
25the period of time in which the required information must be 
26disclosed. If a school district, charter school, or nonpublic, 
 
 
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1nonsectarian elementary or secondary school fails to disclose 
2the information within 14 days after receipt of that written 
3request, the State Board of Education may petition the 
4Department of Human Rights to initiate a charge of a civil 
5rights violation pursuant to Section 5A-102 of the Illinois 
6Human Rights Act.
7 (e) The State Board of Education shall publish an annual 
8report aggregating the information reported by school 
9districts, charter schools, and nonpublic, nonsectarian 
10elementary or secondary schools under subsection (b) of this 
11Section. Data included in the report shall not be publicly 
12attributed to any individual school district, charter school, 
13or nonpublic, nonsectarian elementary or secondary school. The 
14report shall include the number of incidents reported between 
15August 1 and July 31 of the preceding reporting school year, 
16based on each of the protected classes identified under 
17paragraph (1) of this subsection (b).
18 The annual report shall be filed with the Department and 
19the General Assembly and made available to the public by July 1 
20of the year following the reporting school year. Data 
21submitted by a school district, charter school, or nonpublic, 
22nonsectarian elementary or secondary school to comply with 
23this Section is confidential and exempt from the Freedom of 
24Information Act.
25 (f) The State Board of Education shall adopt any rules 
26deemed necessary for implementation of this Section.
 
 
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1 (g) This Section is repealed on July 1, 2029.

2 (105 ILCS 5/22-95 new)
3 Sec. 22-95. Policy on discrimination, harassment, and 
4retaliation; response procedures.
5 (a) Each school district, charter school, or nonpublic, 
6nonsectarian elementary or secondary school must create, 
7implement, and maintain at least one written policy that 
8prohibits discrimination and harassment against students based 
9on race, color, or national origin and prohibits retaliation 
10against students for submitting a complaint. The policy may be 
11included as part of a broader anti-harassment or 
12anti-discrimination policy, provided that the policy 
13prohibiting discrimination and harassment against students 
14based on race, color, or national origin and retaliation 
15against students shall be distinguished with an appropriate 
16title, heading, or label. This policy must comply with and be 
17distributed in accordance with all of the following: 
18  (1) The policy must be in writing and must include at a 
19 minimum, the following information:
20   (A) descriptions of various forms of 
21 discrimination and harassment based on race, color, or 
22 national origin, including examples;
23   (B) the school district's, charter school's, or 
24 nonpublic, nonsectarian elementary or secondary 
25 school's internal process for filing a complaint 
 
 
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1 regarding a violation of the policy described in this 
2 subsection, or a reference to that process if 
3 described elsewhere in policy;
4   (C) an overview of the school district's, charter 
5 school's, or nonpublic, nonsectarian elementary or 
6 secondary school's prevention and response program 
7 pursuant to subsection (b);
8   (D) potential remedies for a violation of the 
9 policy described in this subsection;
10   (E) a prohibition on retaliation for making a 
11 complaint or participating in the complaint process; 
12   (F) the legal recourse available through the 
13 Department of Human Rights and through federal 
14 agencies if a school district, charter school, or 
15 nonpublic, nonsectarian elementary or secondary school 
16 fails to take corrective action, or a reference to 
17 that process if described elsewhere in policy; and
18   (G) directions on how to contact the Department of 
19 Human Rights or a reference to those directions if 
20 described elsewhere in the policy.
21  (2) The policy described in this subsection shall be 
22 posted in a prominent and accessible location and 
23 distributed in such a manner as to ensure notice of the 
24 policy to all employees. If the school district, charter 
25 school, or nonpublic, nonsectarian elementary or secondary 
26 school maintains an Internet website or has an employee 
 
 
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1 Intranet, the website or Intranet shall be considered a 
2 prominent and accessible location for the purpose of this 
3 paragraph (2). Distribution shall be effectuated by the 
4 beginning of the 2024-2025 school year and shall occur 
5 annually thereafter.
6  (3) The policy described in this subsection shall be 
7 published on the school district's, charter school's, or 
8 nonpublic, nonsectarian elementary or secondary school's 
9 Internet website, if one exists, and in a student 
10 handbook. A summary of the policy in accessible, 
11 age-appropriate language shall be distributed annually to 
12 students and to the parents or guardians of minor 
13 students. School districts, charter schools, and 
14 nonpublic, nonsectarian elementary or secondary schools 
15 shall provide a summary of the policy in the parent or 
16 guardian's native language. For the annual distribution of 
17 the summary, inclusion of the summary in a student 
18 handbook is deemed compliant.
19 (b) Each school district, charter school, and nonpublic, 
20nonsectarian elementary or secondary school must establish 
21procedures for responding to student complaints of 
22discrimination, harassment, and retaliation based on race, 
23color, or national origin. Based on these procedures, school 
24districts, charter schools, and nonpublic, nonsectarian 
25elementary or secondary schools:
26  (1) shall reduce or remove, to the extent practicable, 
 
 
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1 barriers to students reporting discrimination, harassment, 
2 and retaliation;
3  (2) shall permit any student who reports or is the 
4 victim of an incident of alleged discrimination, 
5 harassment, or retaliation to be accompanied when making a 
6 report by a support person of the student's choice who 
7 complies with the school district's, charter school's, or 
8 nonpublic, nonsectarian elementary or secondary school's 
9 policies or rules;
10  (3) shall permit anonymous reporting, except that this 
11 paragraph (3) may not be construed to permit formal 
12 disciplinary action solely on the basis of an anonymous 
13 report;
14  (4) shall offer remedial interventions or take such 
15 disciplinary action as may be appropriate on a 
16 case-by-case basis;
17  (5) may offer, but not require or unduly influence, a 
18 person who reports or is the victim of an incident of 
19 discrimination, harassment, or retaliation the option to 
20 resolve allegations directly with the offender; and
21  (6) may not cause a person who reports or is the victim 
22 of an incident of discrimination, harassment, or 
23 retaliation to suffer adverse consequences as a result of 
24 a report of, an investigation of, or a response to the 
25 incident; this protection may not permit victims to engage 
26 in retaliation against the offender or prevent a school 
 
 
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1 from applying disciplinary measures in response to other 
2 acts or conduct not related to the process of reporting, 
3 investigating, or responding to a report of an incident of 
4 discrimination, harassment, or retaliation. 



5 (105 ILCS 5/27A-5)


6 (Text of Section before amendment by P.A. 102-466 and 
7102-702)
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 
 
 
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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 
 
 
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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 
 
 
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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.

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

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

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

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

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

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

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

18  (8) the P-20 Longitudinal Education Data System Act;
19  (9) Section 27-23.7 of this Code regarding bullying 
20 prevention;
21  (10) Section 2-3.162 of this Code regarding student 
22 discipline reporting;
23  (11) Sections 22-80 and 27-8.1 of this Code;
24  (12) Sections 10-20.60 and 34-18.53 of this Code;
25  (13) Sections 10-20.63 and 34-18.56 of this Code;
26  (14) Sections 22-90 and 26-18 of this Code;
 
 
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1  (15) Section 22-30 of this Code; 
2  (16) Sections 24-12 and 34-85 of this Code;
3  (17) the Seizure Smart School Act;
4  (18) Section 2-3.64a-10 of this Code;
5  (19) Sections 10-20.73 and 34-21.9 of this Code;
6  (20) Section 10-22.25b of this Code;
7  (21) Section 27-9.1a of this Code;
8  (22) Section 27-9.1b of this Code; 
9  (23) Section 34-18.8 of this Code; 
10  (25) Section 2-3.188 of this Code;
11  (26) Section 22-85.5 of this Code; 
12  (27) subsections Subsections (d-10), (d-15), and 
13 (d-20) of Section 10-20.56 of this Code; and 
14  (28) Sections 10-20.83 and 34-18.78 of this Code; . 
15  (29) (27) Section 10-20.13 of this Code; 
16  (30) (28) Section 28-19.2 of this Code; and 
17  (31) (29) Section 34-21.6 of this Code; . 
18  (33) Section 2-3.196 of this Code; 
19  (34) Section 22-95 of this Code; 
20  (35) Section 34-18.62 of this Code; and 
21  (36) the Illinois Human Rights Act. 
22 The change made by Public Act 96-104 to this subsection 
23(g) is declaratory of existing law.
24 (h) A charter school may negotiate and contract with a 
25school district, the
governing body of a State college or 
26university or public community college, or
any other public or 
 
 
10300SB0090sam002- 25 -LRB103 05472 RJT 61290 a


1for-profit or nonprofit private entity for: (i) the use
of a 
2school building and grounds or any other real property or 
3facilities that
the charter school desires to use or convert 
4for use as a charter school site,
(ii) the operation and 
5maintenance thereof, and
(iii) the provision of any service, 
6activity, or undertaking that the charter
school is required 
7to perform in order to carry out the terms of its charter.

8However, a charter school
that is established on
or
after 
9April 16, 2003 (the effective date of Public Act 93-3) and that 
10operates
in a city having a population exceeding
500,000 may 
11not contract with a for-profit entity to
manage or operate the 
12school during the period that commences on April 16, 2003 (the

13effective date of Public Act 93-3) and
concludes at the end of 
14the 2004-2005 school year.
Except as provided in subsection 
15(i) of this Section, a school district may
charge a charter 
16school reasonable rent for the use of the district's

17buildings, grounds, and facilities. Any services for which a 
18charter school
contracts
with a school district shall be 
19provided by the district at cost. Any services
for which a 
20charter school contracts with a local school board or with the

21governing body of a State college or university or public 
22community college
shall be provided by the public entity at 
23cost.

24 (i) In no event shall a charter school that is established 
25by converting an
existing school or attendance center to 
26charter school status be required to
pay rent for space
that is 
 
 
10300SB0090sam002- 26 -LRB103 05472 RJT 61290 a


1deemed available, as negotiated and provided in the charter 
2agreement,
in school district
facilities. However, all other 
3costs for the operation and maintenance of
school district 
4facilities that are used by the charter school shall be 
5subject
to negotiation between
the charter school and the 
6local school board and shall be set forth in the
charter.

7 (j) A charter school may limit student enrollment by age 
8or grade level.

9 (k) If the charter school is approved by the State Board or 
10Commission, then the charter school is its own local education 
11agency. 
12(Source: P.A. 101-50, eff. 7-1-20; 101-81, eff. 7-12-19; 
13101-291, eff. 1-1-20; 101-531, eff. 8-23-19; 101-543, eff. 
148-23-19; 101-654, eff. 3-8-21; 102-51, eff. 7-9-21; 102-157, 
15eff. 7-1-22; 102-360, eff. 1-1-22; 102-445, eff. 8-20-21; 
16102-522, eff. 8-20-21; 102-558, eff. 8-20-21; 102-676, eff. 
1712-3-21; 102-697, eff. 4-5-22; 102-805, eff. 1-1-23; 102-813, 
18eff. 5-13-22; revised 12-13-22.)

19 (Text of Section after amendment by P.A. 102-702 but 
20before amendment by P.A. 102-466)
21 Sec. 27A-5. Charter school; legal entity; requirements. 

22 (a) A charter school shall be a public, nonsectarian, 
23nonreligious, non-home
based, and non-profit school. A charter 
24school shall be organized and operated
as a nonprofit 
25corporation or other discrete, legal, nonprofit entity

 
 
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1authorized under the laws of the State of Illinois.

2 (b) A charter school may be established under this Article 
3by creating a new
school or by converting an existing public 
4school or attendance center to
charter
school status.

5Beginning on April 16, 2003 (the effective date of Public Act 
693-3), in all new
applications to establish
a charter
school 
7in a city having a population exceeding 500,000, operation of 
8the
charter
school shall be limited to one campus. The changes 
9made to this Section by Public Act 93-3 do not apply to charter 
10schools existing or approved on or before April 16, 2003 (the

11effective date of Public Act 93-3).
12 (b-5) In this subsection (b-5), "virtual-schooling" means 
13a cyber school where students engage in online curriculum and 
14instruction via the Internet and electronic communication with 
15their teachers at remote locations and with students 
16participating at different times. 
17 From April 1, 2013 through December 31, 2016, there is a 
18moratorium on the establishment of charter schools with 
19virtual-schooling components in school districts other than a 
20school district organized under Article 34 of this Code. This 
21moratorium does not apply to a charter school with 
22virtual-schooling components existing or approved prior to 
23April 1, 2013 or to the renewal of the charter of a charter 
24school with virtual-schooling components already approved 
25prior to April 1, 2013.

26 (c) A charter school shall be administered and governed by 
 
 
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1its board of
directors or other governing body
in the manner 
2provided in its charter. The governing body of a charter 
3school
shall be subject to the Freedom of Information Act and 
4the Open Meetings Act. No later than January 1, 2021 (one year 
5after the effective date of Public Act 101-291), a charter 
6school's board of directors or other governing body must 
7include at least one parent or guardian of a pupil currently 
8enrolled in the charter school who may be selected through the 
9charter school or a charter network election, appointment by 
10the charter school's board of directors or other governing 
11body, or by the charter school's Parent Teacher Organization 
12or its equivalent. 
13 (c-5) No later than January 1, 2021 (one year after the 
14effective date of Public Act 101-291) or within the first year 
15of his or her first term, every voting member of a charter 
16school's board of directors or other governing body shall 
17complete a minimum of 4 hours of professional development 
18leadership training to ensure that each member has sufficient 
19familiarity with the board's or governing body's role and 
20responsibilities, including financial oversight and 
21accountability of the school, evaluating the principal's and 
22school's performance, adherence to the Freedom of Information 
23Act and the Open Meetings Act, and compliance with education 
24and labor law. In each subsequent year of his or her term, a 
25voting member of a charter school's board of directors or 
26other governing body shall complete a minimum of 2 hours of 
 
 
10300SB0090sam002- 29 -LRB103 05472 RJT 61290 a


1professional development training in these same areas. The 
2training under this subsection may be provided or certified by 
3a statewide charter school membership association or may be 
4provided or certified by other qualified providers approved by 
5the State Board of Education. 

6 (d) For purposes of this subsection (d), "non-curricular 
7health and safety requirement" means any health and safety 
8requirement created by statute or rule to provide, maintain, 
9preserve, or safeguard safe or healthful conditions for 
10students and school personnel or to eliminate, reduce, or 
11prevent threats to the health and safety of students and 
12school personnel. "Non-curricular health and safety 
13requirement" does not include any course of study or 
14specialized instructional requirement for which the State 
15Board has established goals and learning standards or which is 
16designed primarily to impart knowledge and skills for students 
17to master and apply as an outcome of their education.
18 A charter school shall comply with all non-curricular 
19health and safety
requirements applicable to public schools 
20under the laws of the State of
Illinois. On or before September 
211, 2015, the State Board shall promulgate and post on its 
22Internet website a list of non-curricular health and safety 
23requirements that a charter school must meet. The list shall 
24be updated annually no later than September 1. Any charter 
25contract between a charter school and its authorizer must 
26contain a provision that requires the charter school to follow 
 
 
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1the list of all non-curricular health and safety requirements 
2promulgated by the State Board and any non-curricular health 
3and safety requirements added by the State Board to such list 
4during the term of the charter. Nothing in this subsection (d) 
5precludes an authorizer from including non-curricular health 
6and safety requirements in a charter school contract that are 
7not contained in the list promulgated by the State Board, 
8including non-curricular health and safety requirements of the 
9authorizing local school board. 

10 (e) Except as otherwise provided in the School Code, a 
11charter school shall
not charge tuition; provided that a 
12charter school may charge reasonable fees
for textbooks, 
13instructional materials, and student activities.

14 (f) A charter school shall be responsible for the 
15management and operation
of its fiscal affairs, including,
but 
16not limited to, the preparation of its budget. An audit of each 
17charter
school's finances shall be conducted annually by an 
18outside, independent
contractor retained by the charter 
19school. The contractor shall not be an employee of the charter 
20school or affiliated with the charter school or its authorizer 
21in any way, other than to audit the charter school's finances. 
22To ensure financial accountability for the use of public 
23funds, on or before December 1 of every year of operation, each 
24charter school shall submit to its authorizer and the State 
25Board a copy of its audit and a copy of the Form 990 the 
26charter school filed that year with the federal Internal 
 
 
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1Revenue Service. In addition, if deemed necessary for proper 
2financial oversight of the charter school, an authorizer may 
3require quarterly financial statements from each charter 
4school. 

5 (g) A charter school shall comply with all provisions of 
6this Article, the Illinois Educational Labor Relations Act, 
7all federal and State laws and rules applicable to public 
8schools that pertain to special education and the instruction 
9of English learners, and
its charter. A charter
school is 
10exempt from all other State laws and regulations in this Code

11governing public
schools and local school board policies; 
12however, a charter school is not exempt from the following:

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

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

20  (3) the Local Governmental and Governmental Employees 
21 Tort Immunity Act;

22  (4) Section 108.75 of the General Not For Profit 
23 Corporation Act of 1986
regarding indemnification of 
24 officers, directors, employees, and agents;

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

26  (5.5) subsection (b) of Section 10-23.12 and 
 
 
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1 subsection (b) of Section 34-18.6 of this Code;
2  (6) the Illinois School Student Records Act;

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

5  (8) the P-20 Longitudinal Education Data System Act;
6  (9) Section 27-23.7 of this Code regarding bullying 
7 prevention;
8  (10) Section 2-3.162 of this Code regarding student 
9 discipline reporting;
10  (11) Sections 22-80 and 27-8.1 of this Code;
11  (12) Sections 10-20.60 and 34-18.53 of this Code;
12  (13) Sections 10-20.63 and 34-18.56 of this Code;
13  (14) Sections 22-90 and 26-18 of this Code;
14  (15) Section 22-30 of this Code; 
15  (16) Sections 24-12 and 34-85 of this Code;
16  (17) the Seizure Smart School Act;
17  (18) Section 2-3.64a-10 of this Code;
18  (19) Sections 10-20.73 and 34-21.9 of this Code;
19  (20) Section 10-22.25b of this Code;
20  (21) Section 27-9.1a of this Code;
21  (22) Section 27-9.1b of this Code; 
22  (23) Section 34-18.8 of this Code; and
23  (25) Section 2-3.188 of this Code;
24  (26) Section 22-85.5 of this Code; 
25  (27) subsections Subsections (d-10), (d-15), and 
26 (d-20) of Section 10-20.56 of this Code; and 
 
 
10300SB0090sam002- 33 -LRB103 05472 RJT 61290 a


1  (28) Sections 10-20.83 and 34-18.78 of this Code; . 
2  (29) (27) Section 10-20.13 of this Code; 
3  (30) (28) Section 28-19.2 of this Code; and 
4  (31) (29) Section 34-21.6 of this Code; . 
5  (32) (25) Section 22-85.10 of this Code; .
6  (33) Section 2-3.196 of this Code; 
7  (34) Section 22-95 of this Code; 
8  (35) Section 34-18.62 of this Code; and 
9  (36) the Illinois Human Rights Act. 
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

 
 
10300SB0090sam002- 34 -LRB103 05472 RJT 61290 a


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; 
 
 
10300SB0090sam002- 35 -LRB103 05472 RJT 61290 a


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 
 
 
10300SB0090sam002- 36 -LRB103 05472 RJT 61290 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 
 
 
10300SB0090sam002- 37 -LRB103 05472 RJT 61290 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 
 
 
10300SB0090sam002- 38 -LRB103 05472 RJT 61290 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.

 
 
10300SB0090sam002- 39 -LRB103 05472 RJT 61290 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 
 
 
10300SB0090sam002- 40 -LRB103 05472 RJT 61290 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;
 
 
10300SB0090sam002- 41 -LRB103 05472 RJT 61290 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; . 
20  (33) Section 2-3.196 of this Code; 
21  (34) Section 22-95 of this Code; 
22  (35) Section 34-18.62 of this Code; and 
23  (36) the Illinois Human Rights Act. 
24 The change made by Public Act 96-104 to this subsection 
25(g) is declaratory of existing law.
26 (h) A charter school may negotiate and contract with a 
 
 
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1school district, the
governing body of a State college or 
2university or public community college, or
any other public or 
3for-profit or nonprofit private entity for: (i) the use
of a 
4school building and grounds or any other real property or 
5facilities that
the charter school desires to use or convert 
6for use as a charter school site,
(ii) the operation and 
7maintenance thereof, and
(iii) the provision of any service, 
8activity, or undertaking that the charter
school is required 
9to perform in order to carry out the terms of its charter.

10However, a charter school
that is established on
or
after 
11April 16, 2003 (the effective date of Public Act 93-3) and that 
12operates
in a city having a population exceeding
500,000 may 
13not contract with a for-profit entity to
manage or operate the 
14school during the period that commences on April 16, 2003 (the

15effective date of Public Act 93-3) and
concludes at the end of 
16the 2004-2005 school year.
Except as provided in subsection 
17(i) of this Section, a school district may
charge a charter 
18school reasonable rent for the use of the district's

19buildings, grounds, and facilities. Any services for which a 
20charter school
contracts
with a school district shall be 
21provided by the district at cost. Any services
for which a 
22charter school contracts with a local school board or with the

23governing body of a State college or university or public 
24community college
shall be provided by the public entity at 
25cost.

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

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

11 (k) If the charter school is approved by the State Board or 
12Commission, then the charter school is its own local education 
13agency. 
14(Source: P.A. 101-50, eff. 7-1-20; 101-81, eff. 7-12-19; 
15101-291, eff. 1-1-20; 101-531, eff. 8-23-19; 101-543, eff. 
168-23-19; 101-654, eff. 3-8-21; 102-51, eff. 7-9-21; 102-157, 
17eff. 7-1-22; 102-360, eff. 1-1-22; 102-445, eff. 8-20-21; 
18102-466, eff. 7-1-25; 102-522, eff. 8-20-21; 102-558, eff. 
198-20-21; 102-676, eff. 12-3-21; 102-697, eff. 4-5-22; 102-702, 
20eff. 7-1-23; 102-805, eff. 1-1-23; 102-813, eff. 5-13-22; 
21revised 12-13-22.)




22 (105 ILCS 5/34-18.62)


23 Sec. 34-18.62. Policies Policy on discrimination and 
24sexual harassment; prevention and response program. 
25 (a) The school district must create, maintain, and 
 
 
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1implement an age-appropriate policy on sexual harassment that 
2must be posted on the school district's website and, if 
3applicable, any other area where policies, rules, and 
4standards of conduct are currently posted in each school and 
5must also be included in the school district's student code of 
6conduct handbook.
7 (b) The school district must create, maintain, and 
8implement a policy or policies prohibiting discrimination and 
9harassment against students based on race, color, and national 
10origin and prohibiting retaliation against students for 
11submitting a complaint. Such policy or policies may be 
12included as part of a broader anti-harassment or 
13anti-discrimination policy provided they are distinguished 
14with an appropriate title, heading, or label. The policy or 
15policies adopted under this subsection (b) must comply with 
16and be distributed in accordance with subsection (a) of 
17Section 22-95 of the Code.
18 (c) The school district must establish procedures for 
19responding to student complaints of discrimination, 
20harassment, and retaliation based on race, color, or national 
21origin. These procedures must comply with subsection (b) of 
22Section 22-95 of the Code. 

23(Source: P.A. 101-418, eff. 1-1-20; 102-558, eff. 8-20-21.)


24 Section 15. The Illinois Human Rights Act is amended by 
25changing Sections 1-102, 5-102.2, 5A-101, 5A-102, and 6-101 
 
 
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1and by adding Sections 5A-103 and 5A-104 as follows:

2 (775 ILCS 5/1-102) (from Ch. 68, par. 1-102)
3 Sec. 1-102. Declaration of Policy.  It is the public 
4policy of this State:


5 (A) Freedom from Unlawful Discrimination. To secure for 
6all individuals
within Illinois the freedom from 
7discrimination based on against any individual because
of his 
8or her race, color, religion, sex, national origin, ancestry, 
9age, order of protection status,
marital status, physical or 
10mental disability, military
status, sexual orientation, 
11pregnancy, or unfavorable
discharge from military service in 
12connection with employment, real estate
transactions, access 
13to financial credit, and the availability of public

14accommodations, including freedom from discrimination in the 
15educational environment in elementary, secondary, and higher 
16education.


17 (B) Freedom from Sexual Harassment-Employment and 
18Elementary, Secondary, and Higher Education.
To prevent sexual 
19harassment in employment, real estate transactions, and and 
20sexual harassment in
elementary, secondary, and higher 
21education.


22 (C) Freedom from Discrimination in Employment Based on 
23Citizenship Status-Employment.
To prevent discrimination in 
24employment based on arrest records, conviction records, 
25language, work authorization status, or citizenship status in 
 
 
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1employment.


2 (C-5) (Blank). Freedom from Discrimination Based on Work 
3Authorization Status-Employment. To prevent discrimination 
4based on the specific status or term of status that 
5accompanies a legal work authorization. 
6 (D) Freedom from Discrimination in Based on Familial 
7Status or Source of Income-Real Estate
Transactions. To 
8prevent discrimination in real estate transactions based on 
9arrest records, familial status, or source of income in real

10estate transactions.


11 (E) Public Health, Welfare and Safety. To promote the 
12public health,
welfare and safety by protecting the interest 
13of all people in Illinois
in maintaining personal dignity, in 
14realizing their full productive
capacities, and in furthering 
15their interests, rights and privileges as
citizens of this 
16State.


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


20 (G) Equal Opportunity, Affirmative Action. To establish 
21Equal
Opportunity and Affirmative Action as the policies of 
22this State in all
of its decisions, programs and activities, 
23and to assure that all State
departments, boards, commissions 
24and instrumentalities rigorously take
affirmative action to 
25provide equality of opportunity and eliminate the
effects of 
26past discrimination in the internal affairs of State

 
 
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1government and in their relations with the public.


2 (H) Unfounded Charges. To protect citizens of this State 
3against
unfounded charges of prohibited unlawful 
4discrimination, sexual harassment in
employment, real estate 
5transactions, financial credit, public accommodations, and 
6sexual harassment in elementary, secondary, and higher 
7education, and discrimination
based on citizenship status or 
8work 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 
12public accommodation defined in paragraph (11) of Section 
135-101, the jurisdiction under this Article of the Department 
14is limited to: (1) the failure to enroll an individual; (2) the 
15denial or refusal of full and equal enjoyment of facilities, 
16goods, or services; or (3) severe or pervasive harassment of 
17an individual when the covered entity fails to take corrective 
18action to stop the severe or pervasive harassment. This 
19limitation on jurisdiction set forth in this Section does not 
20apply to civil rights violations under Article 2, 3, 4, 5A, or 
216. 

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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1applicable
strictly in the content of this Article, except 
2that the term "sexual
harassment
in elementary, secondary, and

3higher education" as defined herein has the meaning herein 
4ascribed to
it whenever that term is used anywhere in this Act.


5 (A) Institution of Elementary, Secondary, or Higher 
6Education. "Institution of elementary, secondary, or higher 
7education"
means: (1) a
publicly or privately operated 
8university, college,
community
college, junior college, 
9business or vocational school, or other educational

10institution offering degrees and instruction beyond the

11secondary
school level; or
(2) a publicly or privately 
12operated elementary school or secondary school.


13 (B) Degree. "Degree" means: (1) a
designation, 
14appellation,
series of letters
or words or other symbols which 
15signifies or purports to signify that the
recipient thereof 
16has satisfactorily completed an organized academic, business

17or vocational program of study offered beyond the
secondary

18school level; or (2) a designation signifying that the 
19recipient has
graduated from an elementary school or secondary 
20school.


21 (C) Student. "Student" means any individual admitted to or 
22applying for
admission to an institution of elementary, 
23secondary, or higher education, or
enrolled on a full or
part 
24time basis in a course or program of academic, business or 
25vocational
instruction offered by or through an institution of 
26elementary, secondary, or higher education.


 
 
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1 (D) Elementary, Secondary, or Higher Education 
2Representative. "Elementary, secondary, or higher education

3representative"
means and includes the president, chancellor 
4or other holder of any executive
office on the administrative 
5staff of an institution of higher education,
an administrator 
6of an elementary school or secondary school, a
member of the 
7faculty of an institution of higher education,
including
but 
8not limited to a dean or associate or assistant dean, a 
9professor or
associate or assistant professor, and a full or 
10part time instructor or
visiting professor, including a 
11graduate assistant or other student who
is employed on a 
12temporary basis of less than full time as a teacher or

13instructor of any course or program of academic, business or 
14vocational
instruction offered by or through an institution of 
15higher education, and any
teacher, instructor, or other 
16employee of an elementary school or secondary school.


17 (E) Sexual Harassment in Elementary, Secondary, and Higher 
18Education. "Sexual harassment in
elementary, secondary, and

19higher
education" means any unwelcome sexual advances or 
20requests for sexual favors
made by an elementary, secondary, 
21or
higher
education representative to a student, or any

22conduct of
a sexual nature exhibited by
an elementary, 
23secondary, or
higher education representative
toward a

24student, when such conduct has the purpose of substantially 
25interfering
with the student's educational performance or 
26creating an intimidating,
hostile or offensive educational 
 
 
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1environment; or when the elementary, secondary, or higher 
2education
representative either explicitly or implicitly makes 
3the student's submission
to such conduct a term or condition 
4of, or uses the student's submission
to or rejection of such 
5conduct 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 
8Education. "Harassment in elementary, secondary, or higher 
9education" means any unwelcome conduct by an elementary, 
10secondary or higher education representative toward a student

11on the basis of a student's actual or perceived race, color, 
12religion, national origin, ancestry, age, sex, marital status, 
13order of protection status, disability, military status, 
14sexual orientation, pregnancy, or unfavorable discharge from 
15military service that has the purpose or effect of 
16substantially interfering with a student's educational 
17performance or creating an intimidating, hostile, or offensive 
18educational environment.
19 (G) Educational Environment. As used in "educational 
20environment" includes conduct that occurs at school, 
21school-related activities, or events, and may include conduct 
22that occurs off school grounds, subject to applicable state 
23and federal law. 
24(Source: P.A. 96-1319, eff. 7-27-10.)





25 (775 ILCS 5/5A-102) (from Ch. 68, par. 5A-102)



 
 
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1 Sec. 5A-102. Civil Rights Violations-Elementary, 
2Secondary, and Higher Education. It is a civil
rights 
3violation:

4  (A) Sexual Harassment; Elementary Elementary, 
5 Secondary, or Higher Education Representative. For any 
6 elementary, secondary, or higher education representative

7 to commit or engage in sexual harassment in elementary, 
8 secondary, or higher education.

9  (B) Sexual Harassment; Institution Institution of 
10 Elementary, Secondary, or Higher Education. For any 
11 institution of elementary, secondary, or higher education

12 to fail to take remedial action, or to fail to take 
13 appropriate disciplinary
action against an elementary, 
14 secondary, or higher education representative employed by 
15 such institution,
when such institution knows that such 
16 elementary, secondary, or higher education representative 
17 was
committing or engaging in or committed or engaged
in 
18 sexual harassment in elementary, secondary, or higher 
19 education.

20  (C) Harassment; Elementary, Secondary, or Higher 
21 Education Representative. For any elementary, secondary, 
22 or higher education representative to commit or engage in 
23 harassment in elementary, secondary, or higher education. 
24  (D) Harassment; Institution of Elementary, Secondary, 
25 or Higher Education. For any institution of elementary, 
26 secondary, or higher education to fail to take appropriate 
 
 
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1 corrective action to stop harassment if the institution 
2 knows that the student or elementary, secondary, or higher 
3 education representative was committing or engaging in or 
4 committed or engaged in harassment in elementary, 
5 secondary, or higher education. 
6 Nothing in this Article 5A shall be construed to limit 
7jurisdiction under Section 5-102.2.
8  (E) Failure to Report. For any school district 
9 established under the School Code or institutions of 
10 elementary or secondary education covered by this Act to 
11 fail to disclose information as required by Section 
12 9-3.164 of the School Code. 
13(Source: P.A. 96-574, eff. 8-18-09; 96-1319, eff. 7-27-10.)


14 (775 ILCS 5/5A-103 new)
15 Sec. 5A-103. Discrimination and harassment based on race, 
16color, or national origin.
17 (a) The General Assembly finds that harassment and 
18discrimination based on race, color, or national origin has a 
19detrimental influence in schools, contributing to 
20psychological and physical harm and poorer academic outcomes 
21for students of color, and higher rates of teacher turnover 
22among teachers of color. It is the General Assembly's intent 
23that each institution of elementary and secondary education in 
24the State adopt and actively implement policies to reduce and 
25respond effectively to harassment and discrimination based on 
 
 
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1race, color, or national origin; to provide students, parents 
2or guardians, and employees information on how to recognize 
3and report harassment and discrimination; and, for students, 
4parents or guardians, and employees, to report harassment and 
5discrimination based on race, color, or national origin 
6without fear of retaliation, loss of status, or loss of 
7opportunities.
8 (b) The Department shall produce a model training program 
9aimed at the prevention of discrimination and harassment based 
10on race, color, and national origin in institutions of 
11elementary and secondary education. The model program shall be 
12made available to institutions of elementary and secondary 
13education and to the public online at no cost. This model 
14program shall regard participants as potential bystanders, 
15rather than potential offenders, and include, at a minimum, 
16the following:
17  (1) a primary focus on preventing discrimination and 
18 harassment based on race, color, or national origin and 
19 retaliation;
20  (2) an explanation of discrimination and harassment 
21 based on race, color, or national origin and retaliation;
22  (3) examples of conduct that constitutes 
23 discrimination and harassment based on race, color, or 
24 national origin and retaliation;
25  (4) an explanation, with examples, of how patterns of 
26 conduct can, taken together over time, rise to the level 
 
 
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1 of bullying, harassment, or discrimination;
2  (5) an explanation of the difference between 
3 discrimination based on disparate treatment and 
4 discrimination based on disparate impact;
5  (6) a summary of other classes that are protected from 
6 harassment and discrimination, and a statement that 
7 training intended to improve recognition of discrimination 
8 and harassment based on race, color, and national origin 
9 does not diminish protections under the law for other 
10 protected classes;
11  (7) an explanation of the difference between 
12 harassment as defined under this Act and bullying;
13  (8) a summary of relevant federal and State statutory 
14 provisions concerning discrimination and harassment based 
15 on race, color, and national origin and retaliation 
16 including remedies available to victims;
17  (9) directions on how to contact the Department if a 
18 school fails to take corrective action to stop harassment 
19 or discrimination;
20  (10) a summary of responsibilities of institutions of 
21 elementary or secondary education in the prevention, 
22 investigation, and correction of discrimination, 
23 harassment, and retaliation; and 
24  (11) an explanation of the liability for 
25 discrimination, harassment, and retaliation under this 
26 Act. 
 
 
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1 (c) Every institution of elementary or secondary education 
2in this State shall use the model training program developed 
3by the Department, establish its own training program that 
4equals or exceeds the minimum standards set forth in 
5subsection (b), or use an existing discrimination and 
6harassment prevention training program that equals or exceeds 
7the minimum standards set forth in subsection (b). The 
8training program shall be provided as a component of all new 
9employee training programs for elementary and secondary 
10education representatives and to existing representatives at 
11least once every 2 years. For the purposes of satisfying the 
12requirements under this Section, the Department's model 
13program may be used to supplement any existing program an 
14institution of elementary or secondary education is utilizing 
15or develops.
16 (d) Upon notification of a violation of subsection (c), 
17the Department may launch a preliminary investigation. If the 
18Department finds a violation of this Section, the Department 
19may issue a notice to show cause, giving the institution of 
20elementary or secondary education 30 days to correct the 
21violation. If the institution of elementary or secondary 
22education does not correct the violation within 30 days, the 
23Department may initiate a charge of a civil rights violation.

24 (775 ILCS 5/6-101) (from Ch. 68, par. 6-101)

25 Sec. 6-101. Additional civil rights violations under 
 
 
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1Articles 2, 4, 5, and 5A. It is a civil rights
violation for a 
2person, or for 2 or more persons, to conspire to:


3  (A) Retaliation. Retaliate against a person because 
4 that person he or she has: 
5   (i) opposed or reported conduct that the person 
6 that which he or she reasonably and in good faith 
7 believes to be
prohibited unlawful discrimination, 
8 sexual harassment in employment, sexual
harassment in 
9 elementary, secondary, and higher
education, or 
10 discrimination based on arrest record, citizenship 
11 status, or work authorization status
in employment 
12 under Articles 2, 4, 5, and 5A; , because he or she has
13   (ii) made a charge, filed a complaint,
testified, 
14 assisted, or participated in an investigation, 
15 proceeding, or
hearing under this Act; or , or because 
16 he or she has
17   (iii) requested, attempted to request, used, or 
18 attempted to use a reasonable accommodation as allowed 
19 by this Act;


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


22  (C) Interference. Wilfully interfere with the 
23 performance of a duty
or the exercise of a power by the 
24 Commission or one of its members or
representatives or the 
25 Department or one of its officers or employees.


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

 
 
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1harassment", "citizenship status", and "work authorization 
2status" shall have the same meaning as defined in
Section 
32-101 of this Act.


4(Source: P.A. 102-233, eff. 8-2-21; 102-362, eff. 1-1-22; 
5102-813, eff. 5-13-22.)


6 Section 95. No acceleration or delay. Where this Act makes 
7changes in a statute that is represented in this Act by text 
8that is not yet or no longer in effect (for example, a Section 
9represented by multiple versions), the use of that text does 
10not accelerate or delay the taking effect of (i) the changes 
11made by this Act or (ii) provisions derived from any other 
12Public Act.


13 Section 99. Effective date. This Act takes effect August 
141, 2024.".