§ 22-95

Policy on discrimination, harassment, and retaliation; response procedures. (a) As used in this Section, "policy" means either the use of a singular policy or multiple policies. (b) Each school district, charter school, or nonpublic, nonsectarian elementary or secondary school must create, implement, and maintain at least one written policy that prohibits discrimination and harassment based on race, color, and national origin and prohibits retaliation. The policy may be included as part of a broader anti-harassment or anti-discrimination policy, provided that the policy prohibiting discrimination and harassment based on race, color, and national origin and retaliation shall be distinguished with an appropriate title, heading, or label. This policy must comply with and be distributed in accordance with all of the following: (1) The policy must be in writing and must include at a minimum, the following information: (A) descriptions of various forms of discrimination and harassment based on race, color, and national origin, including examples; (B) the school district's, charter school's, or nonpublic, nonsectarian elementary or secondary school's internal process for filing a complaint regarding a violation of the policy described in this subsection, or a reference to that process if described elsewhere in policy; (C) an overview of the school district's, charter school's, or nonpublic, nonsectarian elementary or secondary school's prevention and response program pursuant to subsection (c); (D) potential remedies for a violation of the policy described in this subsection; (E) a prohibition on retaliation for making a complaint or participating in the complaint process; (F) the legal recourse available through the Department of Human Rights and through federal agencies if a school district, charter school, or nonpublic, nonsectarian elementary or secondary school fails to take corrective action, or a reference to that process if described elsewhere in policy; and (G) 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 make clear that the policy does not impair or otherwise diminish the rights of unionized employees under federal law, State law, or a collective bargaining agreement to request an exclusive bargaining representative to be present during investigator interviews, nor does the policy diminish any rights available under the applicable negotiated collective bargaining agreement, including, but not limited to, the grievance procedure. (2) The policy described in this subsection 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, charter school, or nonpublic, nonsectarian elementary or secondary school maintains an Internet website or has an employee Intranet, the website or Intranet shall be considered a prominent and accessible location for the purpose of this paragraph (2). Posting and distribution shall be effectuated by the beginning of the 2024-2025 school year and shall occur annually thereafter. (3) The policy described in this subsection shall be published on the school district's, charter school's, or nonpublic, nonsectarian elementary or secondary school'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, charter schools, and nonpublic, nonsectarian elementary or secondary schools 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 compliant. (c) Each school district, charter school, and nonpublic, nonsectarian elementary or secondary school must establish procedures for responding to complaints of discrimination and harassment based on race, color, and national origin and retaliation. These procedures must comply with subsection (b) of this Section. Based on these procedures, school districts, charter schools, and nonpublic, nonsectarian elementary or secondary schools: (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, charter school's, or nonpublic, nonsectarian elementary or secondary school's policies or rules; (3) shall permit anonymous reporting, except that this paragraph (3) 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; and (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, charter school, or nonpublic, nonsectarian elementary or secondary school 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.

Legislative History

(Source: P.A. 103-472, eff. 8-1-24; 103-605, eff. 7-1-24.)