School Law Advisor Blog

Racism-Free Schools Act

PA 103-472, effective August 1, 2024 

 

Schools will be required to annually report to ISBE data on reported allegations of discrimination, harassment, or retaliation against students related to sexual harassment, discrimination or harassment on the basis of race, color, national origin, sex, religion, or disability, and retaliation. 

 

Districts are required to create, implement, and maintain a written policy that prohibits discrimination and harassment based on race, color, and national origin, and prohibits retaliation. See PRESS 2:270 (and 2:270 AP-1). 

The policy must include:

  1. Descriptions of various forms of discrimination and harassment based on race, color, and national origin, including examples; 
  2. The school district’s…internal process for filing a complaint regarding a violation of the policy…or a reference to that process if described elsewhere in policy; 
  3. An overview of the school district’s…prevention and response program; 
  4. Potential remedies for a violation of the policy described in this subsection; 
  5. A prohibition on retaliation for making a complaint or participating in the complaint process; 
  6. The legal recourse available through the Department of Human Rights and through federal agencies if a school district…fails to take corrective action, or a reference to that process if described elsewhere in the policy; 
  7. Directions on how to contact the Department of Human Rights or a reference to those directions if described elsewhere in the policy. 

The policy shall be posted in a prominent and accessible location and distributed in such a manner as to ensure notice of the policy to all employees. If the school district…maintains an Internet website or has an employee Intranet, the website or Intranet shall be considered a prominent and accessible location. Posting and distribution shall be effectuated by the beginning of the 2024-2025 school year and shall occur annually thereafter.

The policy shall be published on the school district’s Internet website, if one exists, and in a student handbook, if one exists. A summary of the policy in accessible, age-appropriate language shall be distributed annually to students and to the parents or guardians of minor students. School districts…shall provide a summary of the policy in the parent or guardian’s native language. For the annual distribution of the summary, inclusion of the summary in a student handbook is deemed complaint. 

Procedures for responding to complaints of discrimination and harassment based on race, color, and national origin and retaliation:

  1. Shall reduce or remove, to the extent practicable, barriers to reporting discrimination, harassment, and retaliation; 
  2. Shall permit any person who reports or is the victim of an incident of alleged discrimination, harassment, or retaliation to be accompanied when making a report by a support individual of the person’s choice who complies with the school district’s policies or rules; 
  3. Shall permit anonymous reporting, except that anonymous reports may not be construed to permit formal disciplinary action solely on the basis of an anonymous report; 
  4. Shall offer remedial interventions or take such disciplinary action as may be appropriate on a case-by-case basis; 
  5. May offer, but not require or unduly influence, a person who reports or is the victim of an incident of discrimination, harassment, or retaliation the option to resolve allegations directly with the offender; 
  6. May not cause a person who reports or is the victim of an incident of discrimination, harassment, or retaliation to suffer adverse consequences as a result of a report of, an investigation of, or a response to the incident; this protection may not permit victims to engage in retaliation against the offender or limit a school district…from applying disciplinary measures in response to other acts or conduct not related to the process of reporting, investigating, or responding to a report of an incident of discrimination, harassment, or retaliation. 

The Illinois Human Rights Act is now modified to include a charge labeled “Harassment in Elementary, Secondary, or Higher Education.” 

Harassment in elementary, secondary, or higher education is “any unwelcome conduct by an elementary, secondary, or higher education representative toward a student on the basis of a student’s actual or perceived race, color, religion, national origin, ancestry, age, sex, marital status, order of protection status, disability, military status, sexual orientation, pregnancy, or unfavorable discharge from military service that has the purpose or effect of substantially interfering with a student’s educational performance or creating an intimidating, hostile, or offensive educational environment.”

Educational environment “includes conduct that occurs at school, school-related activities, or events, and may include conduct that occurs off school grounds, subject to applicable State and federal law.”

Training: The Illinois Department of Human Rights is required to produce a model training program aimed at prevention of discrimination and harassment based on race, color, and national origin in institutions of elementary and secondary education. It shall regard participants in the training as potential bystanders (not offenders) and shall include, at minimum, the following:

  • A primary focus on preventing discrimination and harassment based on race, color, and national origin and retaliation; 
  • An explanation of discrimination and harassment based on race, color, and national origin and retaliation; 
  • Examples of conduct that constitutes discrimination and harassment based on race, color, and national origin and retaliation; 
  • An explanation, with examples, of how patterns of conduct can, taken together over time, rise to the level of bullying, harassment, or discrimination; 
  • An explanation of the difference between discrimination based on disparate treatment and discrimination based on disparate impact; 
  • A summary of other classes that are protected from harassment and discrimination, and a statement that training intended to improve recognition of discrimination based on race, color, and national origin does not diminish protections under the law for other protected classes; 
  • An explanation of the difference between harassment as defined under this Act and bullying;
  • A summary of relevant federal and State statutory protections and remedies available to victims concerning discrimination and harassment based on race, color, and national origin, and retaliation, including, but not limited to, a summary of this Act’s protections from discrimination, harassment and retaliation in the following contexts:
      • Students toward other students; 
      • Teachers and other employees of an elementary or secondary school toward students; 
      • Students toward teachers and other employees of an elementary or secondary school 
      • teachers and other employees of an elementary or secondary school toward other teachers and employees of an elementary or secondary school
  • Directions on how to contact the Department [of Human Rights] if a school fails to take corrective action to stop the harassment or discrimination 
  • A summary of responsibilities of institutions of elementary or secondary education in the prevention, investigation, and corrective measures of discrimination, harassment, and retaliation, including, but not limited to, explanation of responsibilities in the following contexts: 
      • Students toward other students; 
      • Teachers and other employees of an elementary or secondary school toward students; 
      • Students toward teachers and other employees of an elementary or secondary school 
      • teachers and other employees of an elementary or secondary school toward other teachers and employees of an elementary or secondary school
  • An explanation of the liability for discrimination, harassment, and retaliation under this Act. 

 Training must be given to all new employees and be refreshed every two years.