Bill Text: IL HB5404 | 2025-2026 | 104th General Assembly | Introduced

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Bill Title: Amends the Illinois Human Rights Act. Includes sex, sexual orientation, and gender identity as matters in which discrimination is prohibited under the Educational Article.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Introduced - Dead) 2026-02-13 - Referred to Rules Committee [HB5404 Detail]

Download: Illinois-2025-HB5404-Introduced.html

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104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026HB5404 Introduced , by Rep. Daniel Didech SYNOPSIS AS INTRODUCED:
775 ILCS 5/5A-103
Amends the Illinois Human Rights Act. Includes sex, sexual orientation, and gender identity as matters in which discrimination is prohibited under the Educational Article.
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A BILL FOR
HB5404 LRB104 19711 JRC 33161 b
AN ACT concerning civil law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Human Rights Act is amended by
changing Section 5A-103 as follows:
(775 ILCS 5/5A-103)
Sec. 5A-103. Discrimination and harassment based on race,
color, sex, sexual orientation, gender identity, or national
origin; and retaliation.
(a) The General Assembly finds that harassment and
discrimination based on race, color, sex, sexual orientation,
gender identity, or national origin has a detrimental
influence in schools, contributing to psychological and
physical harm and poorer academic outcomes for students of
color, and higher rates of teacher turnover among teachers of
color. It is the General Assembly's intent that each
institution of elementary and secondary education in the State
adopt and actively implement policies to reduce and respond
effectively to harassment and discrimination based on race,
color, sex, sexual orientation, gender identity, and national
origin; to provide students, parents or guardians, and
employees information on how to recognize and report
harassment and discrimination; and, for students, parents or

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guardians, and employees, to report harassment and
discrimination based on race, color, sex, sexual orientation,
gender identity, or national origin without fear of
retaliation, loss of status, or loss of opportunities.
(b) The Department shall produce a model training program
aimed at the prevention of discrimination and harassment based
on race, color, sex, sexual orientation, gender identity, and
national origin in institutions of elementary and secondary
education. The model program shall be made available to
institutions of elementary and secondary education and to the
public online at no cost. This model program shall regard
participants as potential bystanders, rather than potential
offenders, and include, at a minimum, the following:
(1) a primary focus on preventing discrimination and
harassment based on race, color, sex, sexual orientation,
gender identity, and national origin and retaliation;
(2) an explanation of discrimination and harassment
based on race, color, sex, sexual orientation, gender
identity, and national origin and retaliation;
(3) examples of conduct that constitutes
discrimination and harassment based on race, color, sex,
sexual orientation, gender identity, and national origin
and retaliation;
(4) an explanation, with examples, of how patterns of
conduct can, taken together over time, rise to the level
of bullying, harassment, or discrimination;

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(5) an explanation of the difference between
discrimination based on disparate treatment and
discrimination based on disparate impact;
(6) a summary of other classes that are protected from
harassment and discrimination, and a statement that
training intended to improve recognition of discrimination
and harassment based on race, color, sex, sexual
orientation, gender identity, and national origin does not
diminish protections under the law for other protected
classes;
(7) an explanation of the difference between
harassment as defined under this Act and bullying;
(8) a summary of relevant federal and State statutory
protections and remedies available to victims concerning
discrimination and harassment based on race, color, sex,
sexual orientation, gender identity, 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:
(a) students toward other students;
(b) teachers and other employees of an elementary
or secondary school toward students;
(c) students toward teachers and other employees
of an elementary or secondary school; and
(d) teachers and other employees of an elementary
or secondary school toward other teachers and

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employees of an elementary or secondary school.
(9) directions on how to contact the Department if a
school fails to take corrective action to stop the
harassment or discrimination;
(10) 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:
(a) students toward other students;
(b) teachers and other employees of an elementary
or secondary school toward students;
(c) students toward teachers and other employees
of an elementary or secondary school; and
(d) teachers and other employees of an elementary
or secondary school toward other teachers and
employees of an elementary or secondary school; and
(11) an explanation of the liability for
discrimination, harassment, and retaliation under this
Act.
(c) Every institution of elementary or secondary education
in this State shall use the model training program developed
by the Department, establish its own training program that
equals or exceeds the minimum standards set forth in
subsection (b), or use an existing discrimination and

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harassment prevention training program that equals or exceeds
the minimum standards set forth in subsection (b). The
training program shall be provided as a component of all new
employee training programs for elementary and secondary
education representatives and to existing representatives at
least once every 2 years. For the purposes of satisfying the
requirements under this Section, the Department's model
program may be used to supplement any existing program an
institution of elementary or secondary education is utilizing
or develops.
(d) Upon notification of a violation of subsection (c),
the Department may launch a preliminary investigation. If the
Department finds a violation of this Section, the Department
may issue a notice to show cause, giving the institution of
elementary or secondary education 30 days to correct the
violation. If the institution of elementary or secondary
education does not correct the violation within 30 days, the
Department may initiate a charge of a civil rights violation.
(Source: P.A. 103-472, eff. 8-1-24.)