SB2124 104TH GENERAL ASSEMBLY

LRB104 09790 LNS 19856 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB2124

Introduced 2/7/2025, by Sen. Mike Simmons

SYNOPSIS AS INTRODUCED:

New Act
5 ILCS 100/5-45.65 new

Creates the Let America Read Act. Provides that the State Board of Education with oversight over the instructional materials used in public schools shall create a grievance procedure for challenges to instructional materials. Provides that a school district shall designate a Review Committee to review all challenges to instructional materials. Provides that for each formal challenge, the Review Committee shall review the instructional material with the use of clear, objective review criteria created by the State Board. Requires the school district to create a Formal Grievance Procedure for Instructional Materials Form. Provides that upon receipt of a formal complaint, the Review Committee shall hold a minimum of 2 public meetings during a school year to review complaints, welcome input from the public, and generate recommendations to the final decision maker. Provides that the challenged instructional material shall remain accessible in the classroom pending a final determination. Provides that if the challenged instructional material faces a successful objection, then the removal of the instructional material takes effect the school year after the year in which the complaint was filed. Provides that if an instructional material is formally challenged and a final determination is reached, the instructional material shall not be challenged and reviewed by the Review Committee for 3 school years. Grants rulemaking authority to the State Board. Makes a conforming change in the Illinois Administrative Procedure Act.

A BILL FOR

AN ACT concerning education.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Let America Read Act.

Section 5. Definition. As used in this Act, "final decision maker" means a school board of any school district in the State, including special charter districts and a district organized under Article 34 of the School Code.

Section 10. Grievance procedure for challenges to instructional material.

(a) Within 90 days after the completion of emergency rules by the State Board of Education, the State Board of Education, with oversight over the instructional materials, including print, digital, online, and remote-learning resources used in public schools, shall create a grievance procedure for challenges to instructional materials that complies with this Act.

(b) The grievance procedure shall permit a currently enrolled student, parent or guardian who permanently resides in the school district where the parent's or guardian's child or student attends, or teacher or administrator who is currently employed or under contract with the school district to challenge instructional materials using a form that follows the Formal Grievance of Instructional Materials Form provided for in Section 25. If the child or student is under a shared parenting agreement, then each parent shall be permitted to avail themselves of the formal grievance procedure regardless of where each parent permanently resides.

(c) The Review Committee, as outlined in Section 15, shall first attempt to resolve complaints without resorting to the formal grievance procedure. A student, parent or guardian, or teacher filing a complaint under this policy may forego any informal suggestions or attempts to resolve it and may proceed directly to the formal grievance procedure. Instructional materials shall not be removed from the classroom unless the formal grievance procedure is followed.

(d) For all challenges, the Review Committee shall address the complaint promptly and equitably in accordance with the timeline outlined in Section 30.

(e) A currently enrolled student, parent or guardian who permanently resides in the school district where the parent's or guardian's child or student attends, or teacher or administrator who is currently employed or under contract with the school district who wishes to avail themselves of the formal grievance procedure may do so by filing a complaint using a Formal Grievance of Instructional Materials Form required by Section 20.

(f) The challenged instructional material shall remain accessible in the classroom pending a final determination through the formal grievance procedure.

(g) The Review Committee shall hold a minimum of 2 public meetings during a school year to review complaints, welcome input from the public, and generate recommendations to the final decision maker. It is recommended that meetings shall be set around the time of teacher workdays, in service, or curriculum planning. The Review Committee may schedule more meetings, public or private, if a simple majority of Review Committee members deem it necessary to allow for additional time to review challenged instructional material.

(h) For all formal grievances, the Review Committee shall review the challenged material using the criteria provided in Section 25. Upon reviewing the challenged instructional material, the Review Committee shall make a recommendation to the final decision maker.

(i) The final decision maker shall send notice to the Review Committee of the final decision maker's decision to follow the recommendation of the Review Committee, deny to follow the recommendation, or modify the recommendation.

(j) If the final decision maker dissents from the Review Committee's recommendation, then the Review Committee may hold a vote to override the final decision maker's decision. This vote must be by two-thirds of Review Committee members to override.

(k) Once a final determination is reached through this policy regarding the instructional material, the school district shall notify the complainant of the final determination through the contact information provided on the Formal Grievance Procedure for Instructional Materials Form. The school district shall post the final determination on the school's website.

(l) If the challenged instructional material faces a successful objection, then the removal of the instructional material takes effect the school year after the year in which the final decision was issued on the instructional material by the final decision maker.

(m) When an instructional material is formally challenged and a final determination is reached, the review committee is prohibited from reviewing the same material, including newer editions of the same title, more than once in 3 school years.

(n) If the challenger moves from the school district prior to the year the instructional material is set to be removed from the classroom, then the challenge shall be considered void. The instructional material shall remain in the classroom under this scenario.

Section 15. Review Committee composition.

(a) A school district shall designate a Review Committee to review all challenges to instructional materials. The Review Committee shall consist of the following members:

(1) at least one librarian;

(2) several teachers;

(3) at least one school or district-level administrator;

(4) trained students; and

(5) community members.

(b) The number of community members on the Review Committee shall not outnumber the individuals provided in paragraphs (1) through (4).

Section 20. Criteria for the Review Committee to evaluate formal challenges to instructional material. For each formal challenge, the Review Committee shall review the instructional material with the use of clear, objective review criteria created by the State Board of Education, including:

(1) the accuracy and completeness of the instructional material;

(2) the instructional material's importance to curriculum;

(3) the reviews, awards, and recommendations by educational experts relating to the instructional material;

(4) whether the instructional material is age appropriate;

(5) refers to if students have relevant age, maturity, and literacy skills to comprehend the instructional material's message;

(6) the criteria should state that the presence of specific content, such as sexuality or violence, does not in itself render a book inappropriate;

(7) whether the instructional material is popular among students;

(8) the length of time material has been in use; and

(9) whether there is a presence of timely sociopolitical issues.

Section 25. Requirements of the Formal Grievance Procedure for Instructional Materials Form.

(a) The school district shall create a Formal Grievance Procedure for Instructional Materials Form that complies with the requirements of this Section.

(b) The Formal Grievance Procedure for Instructional Materials Form shall include space for a complainant to:

(1) identify themselves as the complainant and their relation to the school district, such as a parent or teacher;

(2) provide contact information, including email, phone number, and address;

(3) describe the complainant's objection to the instructional material and the pages where the objection occur;

(4) establish familiarity with the work as a whole. The complainant should have read the instructional material in its entirety and be able to identify objectionable portions in context;

(5) explain why the complainant considers the work inappropriate, taking into consideration the teacher's justification for using it; and

(6) offer a suggestion for alternative material that is of comparable educational quality. This is intended to help the Review Committee assess the complainants' judgment and motives.

Section 30. Timeline for challenges to instructional material.

(a) For all challenges, the Review Committee shall address the complaint promptly and equitably in accordance with this Section.

(b) Upon receipt of a formal complaint, the Review Committee shall hold a minimum of 2 public meetings during a school year to review complaints, welcome input from the public, and generate recommendations to the final decision maker.

(c) The challenged instructional material shall remain accessible in the classroom pending a final determination through the formal grievance procedure.

(d) If the challenged instructional material faces a successful objection, then the removal of the instructional material takes effect the school year after the year in which the complaint was filed.

(e) If instructional material is formally challenged and a final determination is reached, the instructional material shall not be challenged and reviewed by the Review Committee for 3 school years.

Section 35. Rulemaking authority. The State Board of Education shall adopt rules necessary to establish and implement this Act through the use of emergency rulemaking in accordance with Section 5-45 of the Illinois Administrative Procedure Act. The State Board of Education shall create clear, objective review criteria that complies with Section 20. For purposes of that Act, the General Assembly finds that the adoption of rules to implement this Act is deemed an emergency and necessary for the public interest, safety, and welfare.

Section 40. The Illinois Administrative Procedure Act is amended by adding Section 5-45.65 as follows:

(5 ILCS 100/5-45.65 new)

Sec. 5-45.65. Emergency rulemaking; State Board of Education. To provide for the expeditious and timely implementation of the Let America Read Act, emergency rules implementing the Let America Read Act may be adopted in accordance with Section 5-45 by the State Board of Education. The adoption of emergency rules authorized by Section 5-45 and this Section is deemed to be necessary for the public interest, safety, and welfare.

This Section is repealed one year after the effective date of this amendatory Act of the 104th General Assembly.