SB 90

Abstract

Amends the School Code. Provides that each school district must create, implement, and maintain an age-appropriate policy on race-related harassment and discrimination. In provisions concerning bullying prevention, provides that the required policy on bullying shall also include age-appropriate information about the definitions of harassment and sexual harassment, the procedures for reporting harassment, and the protections and relief available under the Illinois Human Rights Act. Amends the Illinois Human Rights Act. Provides that harassment by an elementary, secondary, or higher education representative or the failure of an institution of elementary, secondary, or higher education to take remedial action or appropriate disciplinary action against a student or an elementary, secondary, or higher education representative employed by the institution (if the institution knows that the student or representative committed or engaged in harassment) is a civil rights violation. Provides that each institution of elementary, secondary, or higher education shall establish, implement, and maintain a continuing race-related discrimination and harassment program. Sets forth requirements concerning policies and procedures, a model training program, and reporting. Makes other changes. Effective August 1, 2024. Senate Committee Amendment No. 2 Deletes reference to: 105 ILCS 5/10-20.69 105 ILCS 10/27-23.7 Adds reference to: 5 ILCS 140/7.5 105 ILCS 5/2-3.196 new 105 ILCS 5/22-95 new 775 ILCS 5/5-102.2 Replaces everything after the enacting clause. Amends the School Code. Provides that each school district, charter school, or nonpublic, nonsectarian elementary or secondary school must create, implement, and maintain a policy on discrimination and harassment based on race, color, or national origin and retaliation. Sets forth requirements for the policy. Provides that each school district, charter school, or nonpublic, nonsectarian elementary or secondary school must establish procedures for responding to student complaints of discrimination and harassment based on race, color, or national origin and retaliation. Sets forth provisions concerning these procedures. Provides that the State Board of Education shall establish data collection systems to report on allegations of discrimination, harassment, and retaliation against students. In provisions concerning charter schools, makes conforming changes and provides that charter schools are not exempt from the Illinois Human Rights Act. Amends the Illinois Human Rights Act. Makes changes concerning the public policy of this State regarding discrimination, sexual harassment, and unfounded charges. Makes changes concerning jurisdiction and additional civil rights violations. Adds provisions concerning harassment in elementary, secondary, or higher education and discrimination and harassment based on race, color, or national origin at institutions of elementary or secondary education. Amends the Freedom of Information Act to make a conforming change. Makes other changes. Effective August 1, 2024. Senate Floor Amendment No. 3 Replaces everything after the enacting clause. Amends the School Code. Reinserts the contents of Senate Amendment No. 2 with the following changes. Makes changes concerning the data collection requirements required by the amendatory provisions of the School Code. Makes changes to certain references to specify that the violations to be reported are violations of discrimination, harassment, or retaliation. Provides that the State Board of Education may (instead of shall) adopt any rules deemed necessary. In provisions concerning the policy on discrimination in the School Code, makes changes concerning what the written policy shall contain. Changes references to "discrimination, harassment, and retaliation based on race, color, or national origin" to "discrimination and harassment based on race, color, or national origin, and retaliation". Removes references specifying that only students may report discrimination and harassment based on race, color, or national origin, and retaliation. Makes changes concerning the procedures for responding to a complaint of discrimination and harassment based on race, color, or national origin, and retaliation. In provisions amending the Illinois Human Rights Act, removes specified changes concerning the public policy of the State regarding discrimination and sexual harassment. Makes changes concerning a failure to report harassment. Sets out exemptions for the harassment provisions. Makes changes concerning the model training program the Department of Human Rights shall produce. Corrects typographical errors. Makes other changes. Effective August 1, 2024. House Committee Amendment No. 2 Removes specific references to students in the provisions concerning the Chicago School District. Makes grammatical changes.