(Section scheduled to be repealed on July 1, 2029)

606 words·~3 min read·/il/chapter-105/act-5/1-12

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Sec. 2-3.196. Discrimination, harassment, and retaliation reporting.

(a)The requirements of this Section are subject to appropriation.

(b)The State Board of Education shall build data collection systems to allow the collection of data on reported allegations of the conduct described in paragraph (1). Beginning on August 1 of the year after the systems are implemented and for each reporting school year beginning on August 1 and ending on July 31 thereafter, each school district, charter school, and nonpublic, nonsectarian elementary or secondary school shall disclose to the State Board of Education all of the following information:

(1)The total number of reported allegations of discrimination, harassment, or

retaliation against students received by each school district, charter school, or nonpublic, nonsectarian elementary or secondary school during the reporting school year, defined as August 1 to July 31, in each of the following categories:

(A)sexual harassment;

(B)discrimination or harassment on the basis of race, color, or national origin;

(C)discrimination or harassment on the basis of sex;

(D)discrimination or harassment on the basis of religion;

(E)discrimination or harassment on the basis of disability; and

(F)retaliation.

(2)The status of allegations, as of the last day of the reporting period, in each

category under paragraph (1).

Allegations shall be reported as unfounded, founded, or investigation pending by the

school district, charter school, or nonpublic, nonsectarian elementary or secondary school.

(c)A school district, charter school, or nonpublic, nonsectarian elementary or secondary school may not include in any disclosures required under this Section any information by which an individual may be personally identified, including the name of the victim or victims or those accused of an act of alleged discrimination, harassment, or retaliation.

(d)If a school district, charter school, or nonpublic, nonsectarian elementary or secondary school fails to disclose the information required in subsection

(b)of this Section by July 31 of the reporting school year, the State Board of Education shall provide a written request for disclosure to the school district, charter school, or nonpublic, nonsectarian elementary or secondary school, thereby providing the period of time in which the required information must be disclosed. If a school district, charter school, or nonpublic, nonsectarian elementary or secondary school fails to disclose the information within 14 days after receipt of that written request, the State Board of Education may petition the Department of Human Rights to initiate a charge of a civil rights violation pursuant to Section 5A-102 of the Illinois Human Rights Act.

(e)The State Board of Education shall publish an annual report aggregating the information reported by school districts, charter schools, and nonpublic, nonsectarian elementary or secondary schools under subsection

(b)of this Section. Data included in the report shall not be publicly attributed to any individual school district, charter school, or nonpublic, nonsectarian elementary or secondary school. The report shall include the number of incidents reported between August 1 and July 31 of the preceding reporting school year, based on each of the categories identified under paragraph

(1)of this subsection (b).

The annual report shall be filed with the Department of Human Rights and the General Assembly and made available to the public by July 1 of the year following the reporting school year. Data submitted by a school district, charter school, or nonpublic, nonsectarian elementary or secondary school to comply with this Section is confidential and exempt from the Freedom of Information Act.

(f)The State Board of Education may adopt any rules deemed necessary for implementation of this Section.

(g)This Section is repealed on July 1, 2029.