Text of IL HB 4690 (2024)

103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4690 Introduced , by Rep. Tim Ozinga SYNOPSIS AS INTRODUCED: New Act Creates the Communication and Actions in Public Schools Act. Provides that no communication by a public school entity, official representative thereof, professional employee, or guest school speaker may compel a person to adopt, affirm, adhere to, or profess an idea that violates Title IV or Title VI of the federal Civil Rights Act of 1964 or adopt, affirm, adhere to, or profess specified concepts. Provides that nothing in those provisions may be construed to prohibit the discussion of ideas and history of the described concepts or may be construed to prohibit the discussion of public policy issues of the day or ideas that individuals may find unwelcome, disagreeable, or offensive. Sets forth provisions concerning a refusal to engage in any of the specified concepts. Provides that no public school entity may use funds from any source to engage in any of the specified concepts. Provides that the State Board of Education shall develop and make available to professional employees technical assistance, guidance, and professional development in accordance with specified provisions. Sets forth requirements for contractors with a public school entity. Provides that a parent, student, professional employee, or other person interacting with a public school entity may file a complaint with the school board of the school district alleging a violation of the Act by a professional employee or contractor. Sets forth other enforcement provisions. Provides that the State Board shall develop a policy on how a complaint may be filed. Provides that the policy shall be made available on the State Board's Internet website. Provides that the State Board may adopt rules to implement the Act. LRB103 35709 RJT 65786 b STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY A BILL FOR HB4690LRB103 35709 RJT 65786 b 1 AN ACT concerning education. 2 Be it enacted by the People of the State of Illinois, 3represented in the General Assembly: 4 Section 1. Short title. This Act may be cited as the 5Communications and Actions in Public Schools Act. 6 Section 5. Definitions. As used in this Act: 7 "Contractor" means an individual, organization, 8corporation, or business that enters into a contract or a 9subcontract pursuant to a contract with a public school 10entity. 11 "Board" means the State Board of Education. 12 "Professional employee" means a licensed teacher, 13supervisor, supervising principal, principal, assistant 14principal, vice principal, director of career and technical 15education, visiting teacher, substitute teacher, school 16counselor, school librarian, or school secretary. 17 "Public school entity" means a public school located in 18this State and that school's professional employees. 19 Section 10. Communication and actions by public school 20entities. 21 (a) No communication by a public school entity, official 22representative thereof, professional employee, or guest school HB4690- 2 -LRB103 35709 RJT 65786 b 1speaker may compel a person to adopt, affirm, adhere to, or 2profess an idea that violates Title IV or Title VI of the 3federal Civil Rights Act of 1964 or adopt, affirm, adhere to, 4or profess an idea that: 5 (1) people of one age, sex, gender identity, sexual 6 orientation, race, creed, color, marital status, familial 7 status, mental or physical disability, religion, or 8 national origin are inherently superior or inferior to 9 people of another age, sex, gender identity, sexual 10 orientation, race, creed, color, marital status, familial 11 status, mental or physical disability, religion, or 12 national origin; 13 (2) an individual should be discriminated against or 14 receive adverse treatment solely or partly because of the 15 individual's age, sex, gender identity, sexual 16 orientation, race, creed, color, marital status, familial 17 status, mental or physical disability, religion, or 18 national origin; or 19 (3) people of one age, sex, gender identity, sexual 20 orientation, race, creed, color, marital status, familial 21 status, mental or physical disability, religion, or 22 national origin cannot and should not attempt to treat 23 others equally and without regard to age, sex, gender 24 identity, sexual orientation, race, creed, color, marital 25 status, familial status, mental or physical disability, 26 religion, or national origin. HB4690- 3 -LRB103 35709 RJT 65786 b 1 (b) Nothing in this Section may be construed to prohibit 2the discussion of ideas and history of the concepts described 3in subsection (a) or may be construed to prohibit the 4discussion of public policy issues of the day or ideas that 5individuals may find unwelcome, disagreeable, or offensive. 6 (c) No public school entity, professional employee, 7contractor, or public school student may face a penalty or 8adverse treatment due to a refusal to engage in any of the 9concepts listed in subparagraph (1), (2), or (3) of subsection 10(a). 11 (d) No public school entity may use funds from any source 12to engage in any of the concepts listed in subparagraph (1), 13(2), or (3) of subsection (a). 14 (e) The Board shall develop and make available to 15professional employees technical assistance, guidance, and 16professional development in accordance with all of the 17following: 18 (1) For education to create citizens capable of 19 self-government, students need to engage with a variety of 20 viewpoints on challenging issues, led by a professional 21 employee who understands that there is greater value in 22 promoting independent thinking than in advancing the 23 employee's own beliefs. 24 (2) A professional employee should be prepared to 25 engage students in academic discussions about all topics, 26 so long as the employee imparts vital knowledge and skills HB4690- 4 -LRB103 35709 RJT 65786 b 1 without imposing the employee's own beliefs. 2 (3) A professional employee should be prepared to 3 address challenging issues in the classroom, not avoid 4 them. 5 (4) A professional employee should be prepared to help 6 students become discerning consumers of information, to 7 evaluate and analyze information, to question and verify 8 the credibility of the information's sources, and to make 9 reasoned judgments supported by evidence. 10 Section 15. Requirements for contractors. 11 (a) A contract entered into by a public school entity with 12a contractor after the effective date of this Act shall 13include the following statement: 14 "During the performance of this contract, the 15 contractor may not engage in workplace training of a 16 professional employee that includes any of the concepts 17 listed in Section 10 of the Communications and Actions in 18 Public Schools Act." 19 (b) A contractor shall include in a subcontract the 20statement under subsection (a) of this Section as a 21contractual duty imposed on the subcontractor. 22 Section 20. Enforcement. 23 (a) For violations of Section 10 of this Act, all of the 24following shall apply: HB4690- 5 -LRB103 35709 RJT 65786 b 1 (1) A parent, student, professional employee, or other 2 person interacting with a public school entity may file a 3 complaint with the school board of the school district 4 alleging a violation by a professional employee or 5 contractor. 6 (2) If a violation is established involving a 7 professional employee, the public school entity involved, 8 as well as any involved professional employee, shall 9 engage in professional development in compliance with 10 Section 10 of this Act. The parents or guardians of 11 students impacted by the violation shall receive notice 12 and a copy of the decision and action to be taken, which 13 notice shall be provided by registered mail. The public 14 school entity shall report the violation to the Board. 15 (3) If a violation is established involving a 16 contractor, the contract may be cancelled, terminated, or 17 suspended, in whole or in part, and the contractor may be 18 declared ineligible for further contracts for a period of 19 one year. The parents or guardians of students impacted by 20 the violation shall receive notice and a copy of the 21 decision and actions to be taken, which notice shall be 22 provided by registered mail. 23 (b) The Board shall develop a policy on how a complaint 24under subsection (a) may be filed. The policy shall be made 25available on the Board's Internet website. HB4690- 6 -LRB103 35709 RJT 65786 b