Illinois 2023-2024 Regular Session

Illinois House Bill HB0299 Compare Versions

Version 1 (Old)

Version 2 (New)

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2		-	HB0299 Engrossed LRB103 03826 RJT 48832 b
	1	+	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB0299 Introduced , by Rep. Emanuel Chris Welch SYNOPSIS AS INTRODUCED: 105 ILCS 140/1 Amends the Green Cleaning Schools Act. Makes a technical change in a Section concerning the short title. LRB103 03826 RJT 48832 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB0299 Introduced , by Rep. Emanuel Chris Welch SYNOPSIS AS INTRODUCED: 105 ILCS 140/1 105 ILCS 140/1 Amends the Green Cleaning Schools Act. Makes a technical change in a Section concerning the short title. LRB103 03826 RJT 48832 b LRB103 03826 RJT 48832 b A BILL FOR
	2	+	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB0299 Introduced , by Rep. Emanuel Chris Welch SYNOPSIS AS INTRODUCED:
	3	+	105 ILCS 140/1 105 ILCS 140/1
	4	+	105 ILCS 140/1
	5	+	Amends the Green Cleaning Schools Act. Makes a technical change in a Section concerning the short title.
	6	+	LRB103 03826 RJT 48832 b LRB103 03826 RJT 48832 b
	7	+	LRB103 03826 RJT 48832 b
	8	+	A BILL FOR
	9	+	HB0299LRB103 03826 RJT 48832 b HB0299 LRB103 03826 RJT 48832 b
	10	+	HB0299 LRB103 03826 RJT 48832 b
3	11		1 AN ACT concerning education.
4	12		2 Be it enacted by the People of the State of Illinois,
5	13		3 represented in the General Assembly:
6		-	4 Section 5. The School Code is amended by changing Section
7		-	5 27-23.7 as follows:
8		-	6 (105 ILCS 5/27-23.7)
9		-	7 Sec. 27-23.7. Bullying prevention.
10		-	8 (a) The General Assembly finds that a safe and civil
11		-	9 school environment is necessary for students to learn and
12		-	10 achieve and that bullying causes physical, psychological, and
13		-	11 emotional harm to students and interferes with students'
14		-	12 ability to learn and participate in school activities. The
15		-	13 General Assembly further finds that bullying has been linked
16		-	14 to other forms of antisocial behavior, such as vandalism,
17		-	15 shoplifting, skipping and dropping out of school, fighting,
18		-	16 using drugs and alcohol, sexual harassment, and sexual
19		-	17 violence. Because of the negative outcomes associated with
20		-	18 bullying in schools, the General Assembly finds that school
21		-	19 districts, charter schools, and non-public, non-sectarian
22		-	20 elementary and secondary schools should educate students,
23		-	21 parents, and school district, charter school, or non-public,
24		-	22 non-sectarian elementary or secondary school personnel about
25		-	23 what behaviors constitute prohibited bullying.
	14	+	4 Section 5. The Green Cleaning Schools Act is amended by
	15	+	5 changing Section 1 as follows:
	16	+	6 (105 ILCS 140/1)
	17	+	7 Sec. 1. Short title. This Act may be cited as the the Green
	18	+	8 Cleaning Schools Act.
	19	+	9 (Source: P.A. 95-84, eff. 8-13-07.)
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34		-	1 Bullying on the basis of actual or perceived race, color,
35		-	2 religion, sex, national origin, ancestry, physical appearance,
36		-	3 socioeconomic status, academic status, pregnancy, parenting
37		-	4 status, homelessness, age, marital status, physical or mental
38		-	5 disability, military status, sexual orientation,
39		-	6 gender-related identity or expression, unfavorable discharge
40		-	7 from military service, association with a person or group with
41		-	8 one or more of the aforementioned actual or perceived
42		-	9 characteristics, or any other distinguishing characteristic is
43		-	10 prohibited in all school districts, charter schools, and
44		-	11 non-public, non-sectarian elementary and secondary schools. No
45		-	12 student shall be subjected to bullying:
46		-	13 (1) during any school-sponsored education program or
47		-	14 activity;
48		-	15 (2) while in school, on school property, on school
49		-	16 buses or other school vehicles, at designated school bus
50		-	17 stops waiting for the school bus, or at school-sponsored
51		-	18 or school-sanctioned events or activities;
52		-	19 (3) through the transmission of information from a
53		-	20 school computer, a school computer network, or other
54		-	21 similar electronic school equipment; or
55		-	22 (4) through the transmission of information from a
56		-	23 computer that is accessed at a nonschool-related location,
57		-	24 activity, function, or program or from the use of
58		-	25 technology or an electronic device that is not owned,
59		-	26 leased, or used by a school district or school if the
	23	+	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB0299 Introduced , by Rep. Emanuel Chris Welch SYNOPSIS AS INTRODUCED:
	24	+	105 ILCS 140/1 105 ILCS 140/1
	25	+	105 ILCS 140/1
	26	+	Amends the Green Cleaning Schools Act. Makes a technical change in a Section concerning the short title.
	27	+	LRB103 03826 RJT 48832 b LRB103 03826 RJT 48832 b
	28	+	LRB103 03826 RJT 48832 b
	29	+	A BILL FOR
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	35	+	105 ILCS 140/1
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70		-	1 bullying causes a substantial disruption to the
71		-	2 educational process or orderly operation of a school. This
72		-	3 item (4) applies only in cases in which a school
73		-	4 administrator or teacher receives a report that bullying
74		-	5 through this means has occurred and does not require a
75		-	6 district or school to staff or monitor any
76		-	7 nonschool-related activity, function, or program.
77		-	8 (a-5) Nothing in this Section is intended to infringe upon
78		-	9 any right to exercise free expression or the free exercise of
79		-	10 religion or religiously based views protected under the First
80		-	11 Amendment to the United States Constitution or under Section 3
81		-	12 of Article I of the Illinois Constitution.
82		-	13 (b) In this Section:
83		-	14 "Artificial intelligence" means a machine-based system
84		-	15 that, for explicit or implicit objectives, infers, from the
85		-	16 input it receives, how to generate outputs, such as
86		-	17 predictions, content, recommendations, or decisions, that can
87		-	18 influence physical or virtual environments. "Artificial
88		-	19 intelligence" also includes generative artificial
89		-	20 intelligence.
90		-	21 "Bullying" includes "cyber-bullying" and means any severe
91		-	22 or pervasive physical or verbal act or conduct, including
92		-	23 communications made in writing or electronically, directed
93		-	24 toward a student or students that has or can be reasonably
94		-	25 predicted to have the effect of one or more of the following:
95		-	26 (1) placing the student or students in reasonable fear
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106		-	1 of harm to the student's or students' person or property;
107		-	2 (2) causing a substantially detrimental effect on the
108		-	3 student's or students' physical or mental health;
109		-	4 (3) substantially interfering with the student's or
110		-	5 students' academic performance; or
111		-	6 (4) substantially interfering with the student's or
112		-	7 students' ability to participate in or benefit from the
113		-	8 services, activities, or privileges provided by a school.
114		-	9 Bullying, as defined in this subsection (b), may take
115		-	10 various forms, including without limitation one or more of the
116		-	11 following: harassment, threats, intimidation, stalking,
117		-	12 physical violence, sexual harassment, sexual violence, posting
118		-	13 or distributing sexually explicit images, theft, public
119		-	14 humiliation, destruction of property, or retaliation for
120		-	15 asserting or alleging an act of bullying. This list is meant to
121		-	16 be illustrative and non-exhaustive.
122		-	17 "Cyber-bullying" means bullying through the use of
123		-	18 technology or any electronic communication, including without
124		-	19 limitation any transfer of signs, signals, writing, images,
125		-	20 sounds, data, or intelligence of any nature transmitted in
126		-	21 whole or in part by a wire, radio, electromagnetic system,
127		-	22 photoelectronic system, or photooptical system, including
128		-	23 without limitation electronic mail, Internet communications,
129		-	24 instant messages, or facsimile communications.
130		-	25 "Cyber-bullying" includes the creation of a webpage or weblog
131		-	26 in which the creator assumes the identity of another person or
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142		-	1 the knowing impersonation of another person as the author of
143		-	2 posted content or messages if the creation or impersonation
144		-	3 creates any of the effects enumerated in the definition of
145		-	4 bullying in this Section. "Cyber-bullying" also includes the
146		-	5 distribution by electronic means of a communication to more
147		-	6 than one person or the posting of material on an electronic
148		-	7 medium that may be accessed by one or more persons if the
149		-	8 distribution or posting creates any of the effects enumerated
150		-	9 in the definition of bullying in this Section. Beginning with
151		-	10 the 2025-2026 school year, "cyber-bullying" also includes the
152		-	11 posting or distribution of a digital replica by electronic
153		-	12 means.
154		-	13 "Digital replica" means a newly created, electronic
155		-	14 representation of the voice, image, or likeness of an actual
156		-	15 individual created using a computer, algorithm, software,
157		-	16 tool, artificial intelligence, or other technology that is
158		-	17 fixed in a sound recording or audiovisual work in which that
159		-	18 individual did not actually perform or appear, and which a
160		-	19 reasonable person would believe is that particular
161		-	20 individual's voice, image, or likeness being imitated.
162		-	21 "Generative artificial intelligence" means an automated
163		-	22 computing system that, when prompted with human prompts,
164		-	23 descriptions, or queries, can produce outputs that simulate
165		-	24 human-produced content, including, but not limited to, the
166		-	25 following:
167		-	26 (1) textual outputs, such as short answers, essays,
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178		-	1 poetry, or longer compositions or answers;
179		-	2 (2) image outputs, such as fine art, photographs,
180		-	3 conceptual art, diagrams, and other images;
181		-	4 (3) multimedia outputs, such as audio or video in the
182		-	5 form of compositions, songs, or short-form or long-form
183		-	6 audio or video; and
184		-	7 (4) any other content that would be otherwise produced
185		-	8 by human means.
186		-	9 "Policy on bullying" means a bullying prevention policy
187		-	10 that meets the following criteria:
188		-	11 (1) Includes the bullying definition provided in this
189		-	12 Section.
190		-	13 (2) Includes a statement that bullying is contrary to
191		-	14 State law and the policy of the school district, charter
192		-	15 school, or non-public, non-sectarian elementary or
193		-	16 secondary school and is consistent with subsection (a-5)
194		-	17 of this Section.
195		-	18 (3) Includes procedures for promptly reporting
196		-	19 bullying, including, but not limited to, identifying and
197		-	20 providing the school e-mail address (if applicable) and
198		-	21 school telephone number for the staff person or persons
199		-	22 responsible for receiving such reports and a procedure for
200		-	23 anonymous reporting; however, this shall not be construed
201		-	24 to permit formal disciplinary action solely on the basis
202		-	25 of an anonymous report.
203		-	26 (4) Consistent with federal and State laws and rules
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214		-	1 governing student privacy rights, includes procedures for
215		-	2 informing parents or guardians of all students involved in
216		-	3 the alleged incident of bullying within 24 hours after the
217		-	4 school's administration is made aware of the students'
218		-	5 involvement in the incident and discussing, as
219		-	6 appropriate, the availability of social work services,
220		-	7 counseling, school psychological services, other
221		-	8 interventions, and restorative measures. The school shall
222		-	9 make diligent efforts to notify a parent or legal
223		-	10 guardian, utilizing all contact information the school has
224		-	11 available or that can be reasonably obtained by the school
225		-	12 within the 24-hour period.
226		-	13 (5) Contains procedures for promptly investigating and
227		-	14 addressing reports of bullying, including the following:
228		-	15 (A) Making all reasonable efforts to complete the
229		-	16 investigation within 10 school days after the date the
230		-	17 report of the incident of bullying was received and
231		-	18 taking into consideration additional relevant
232		-	19 information received during the course of the
233		-	20 investigation about the reported incident of bullying.
234		-	21 (B) Involving appropriate school support personnel
235		-	22 and other staff persons with knowledge, experience,
236		-	23 and training on bullying prevention, as deemed
237		-	24 appropriate, in the investigation process.
238		-	25 (C) Notifying the principal or school
239		-	26 administrator or his or her designee of the report of
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250		-	1 the incident of bullying as soon as possible after the
251		-	2 report is received.
252		-	3 (D) Consistent with federal and State laws and
253		-	4 rules governing student privacy rights, providing
254		-	5 parents and guardians of the students who are parties
255		-	6 to the investigation information about the
256		-	7 investigation and an opportunity to meet with the
257		-	8 principal or school administrator or his or her
258		-	9 designee to discuss the investigation, the findings of
259		-	10 the investigation, and the actions taken to address
260		-	11 the reported incident of bullying.
261		-	12 (6) Includes the interventions that can be taken to
262		-	13 address bullying, which may include, but are not limited
263		-	14 to, school social work services, restorative measures,
264		-	15 social-emotional skill building, counseling, school
265		-	16 psychological services, and community-based services.
266		-	17 (7) Includes a statement prohibiting reprisal or
267		-	18 retaliation against any person who reports an act of
268		-	19 bullying and the consequences and appropriate remedial
269		-	20 actions for a person who engages in reprisal or
270		-	21 retaliation.
271		-	22 (8) Includes consequences and appropriate remedial
272		-	23 actions for a person found to have falsely accused another
273		-	24 of bullying as a means of retaliation or as a means of
274		-	25 bullying.
275		-	26 (9) Is based on the engagement of a range of school
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286		-	1 stakeholders, including students and parents or guardians.
287		-	2 (10) Is posted on the school district's, charter
288		-	3 school's, or non-public, non-sectarian elementary or
289		-	4 secondary school's existing, publicly accessible Internet
290		-	5 website, is included in the student handbook, and, where
291		-	6 applicable, posted where other policies, rules, and
292		-	7 standards of conduct are currently posted in the school
293		-	8 and provided periodically throughout the school year to
294		-	9 students and faculty, and is distributed annually to
295		-	10 parents, guardians, students, and school personnel,
296		-	11 including new employees when hired.
297		-	12 (11) As part of the process of reviewing and
298		-	13 re-evaluating the policy under subsection (d) of this
299		-	14 Section, contains a policy evaluation process to assess
300		-	15 the outcomes and effectiveness of the policy that
301		-	16 includes, but is not limited to, factors such as the
302		-	17 frequency of victimization; student, staff, and family
303		-	18 observations of safety at a school; identification of
304		-	19 areas of a school where bullying occurs; the types of
305		-	20 bullying utilized; and bystander intervention or
306		-	21 participation. The school district, charter school, or
307		-	22 non-public, non-sectarian elementary or secondary school
308		-	23 may use relevant data and information it already collects
309		-	24 for other purposes in the policy evaluation. The
310		-	25 information developed as a result of the policy evaluation
311		-	26 must be made available on the Internet website of the
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322		-	1 school district, charter school, or non-public,
323		-	2 non-sectarian elementary or secondary school. If an
324		-	3 Internet website is not available, the information must be
325		-	4 provided to school administrators, school board members,
326		-	5 school personnel, parents, guardians, and students.
327		-	6 (12) Is consistent with the policies of the school
328		-	7 board, charter school, or non-public, non-sectarian
329		-	8 elementary or secondary school.
330		-	9 (13) Requires all individual instances of bullying, as
331		-	10 well as all threats, suggestions, or instances of
332		-	11 self-harm determined to be the result of bullying, to be
333		-	12 reported to the parents or legal guardians of those
334		-	13 involved under the guidelines provided in paragraph (4) of
335		-	14 this definition.
336		-	15 "Restorative measures" means a continuum of school-based
337		-	16 alternatives to exclusionary discipline, such as suspensions
338		-	17 and expulsions, that: (i) are adapted to the particular needs
339		-	18 of the school and community, (ii) contribute to maintaining
340		-	19 school safety, (iii) protect the integrity of a positive and
341		-	20 productive learning climate, (iv) teach students the personal
342		-	21 and interpersonal skills they will need to be successful in
343		-	22 school and society, (v) serve to build and restore
344		-	23 relationships among students, families, schools, and
345		-	24 communities, (vi) reduce the likelihood of future disruption
346		-	25 by balancing accountability with an understanding of students'
347		-	26 behavioral health needs in order to keep students in school,
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358		-	1 and (vii) increase student accountability if the incident of
359		-	2 bullying is based on religion, race, ethnicity, or any other
360		-	3 category that is identified in the Illinois Human Rights Act.
361		-	4 "School personnel" means persons employed by, on contract
362		-	5 with, or who volunteer in a school district, charter school,
363		-	6 or non-public, non-sectarian elementary or secondary school,
364		-	7 including without limitation school and school district
365		-	8 administrators, teachers, school social workers, school
366		-	9 counselors, school psychologists, school nurses, cafeteria
367		-	10 workers, custodians, bus drivers, school resource officers,
368		-	11 and security guards.
369		-	12 (c) (Blank).
370		-	13 (d) Each school district, charter school, and non-public,
371		-	14 non-sectarian elementary or secondary school shall create,
372		-	15 maintain, and implement a policy on bullying, which policy
373		-	16 must be filed with the State Board of Education. The policy on
374		-	17 bullying shall be based on the State Board of Education's
375		-	18 template for a model bullying prevention policy under
376		-	19 subsection (h) and shall include the criteria set forth in the
377		-	20 definition of "policy on bullying". The policy or implementing
378		-	21 procedure shall include a process to investigate whether a
379		-	22 reported act of bullying is within the permissible scope of
380		-	23 the district's or school's jurisdiction and shall require that
381		-	24 the district or school provide the victim with information
382		-	25 regarding services that are available within the district and
383		-	26 community, such as counseling, support services, and other
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394		-	1 programs. School personnel available for help with a bully or
395		-	2 to make a report about bullying shall be made known to parents
396		-	3 or legal guardians, students, and school personnel. Every 2
397		-	4 years, each school district, charter school, and non-public,
398		-	5 non-sectarian elementary or secondary school shall conduct a
399		-	6 review and re-evaluation of its policy and make any necessary
400		-	7 and appropriate revisions. No later than September 30 of the
401		-	8 subject year, the policy must be filed with the State Board of
402		-	9 Education after being updated. The State Board of Education
403		-	10 shall monitor and provide technical support for the
404		-	11 implementation of policies created under this subsection (d).
405		-	12 In monitoring the implementation of the policies, the State
406		-	13 Board of Education shall review each filed policy on bullying
407		-	14 to ensure all policies meet the requirements set forth in this
408		-	15 Section, including ensuring that each policy meets the 13 12
409		-	16 criterion identified within the definition of "policy on
410		-	17 bullying" set forth in this Section.
411		-	18 If a school district, charter school, or non-public,
412		-	19 non-sectarian elementary or secondary school fails to file a
413		-	20 policy on bullying by September 30 of the subject year, the
414		-	21 State Board of Education shall provide a written request for
415		-	22 filing to the school district, charter school, or non-public,
416		-	23 non-sectarian elementary or secondary school. If a school
417		-	24 district, charter school, or non-public, non-sectarian
418		-	25 elementary or secondary school fails to file a policy on
419		-	26 bullying within 14 days of receipt of the aforementioned
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430		-	1 written request, the State Board of Education shall publish
431		-	2 notice of the non-compliance on the State Board of Education's
432		-	3 website.
433		-	4 Each school district, charter school, and non-public,
434		-	5 non-sectarian elementary or secondary school may provide
435		-	6 evidence-based professional development and youth programming
436		-	7 on bullying prevention that is consistent with the provisions
437		-	8 of this Section.
438		-	9 (e) This Section shall not be interpreted to prevent a
439		-	10 victim from seeking redress under any other available civil or
440		-	11 criminal law.
441		-	12 (f) School districts, charter schools, and non-public,
442		-	13 non-sectarian elementary and secondary schools shall collect,
443		-	14 maintain, and submit to the State Board of Education
444		-	15 non-identifiable data regarding verified allegations of
445		-	16 bullying within the school district, charter school, or
446		-	17 non-public, non-sectarian elementary or secondary school.
447		-	18 School districts, charter schools, and non-public,
448		-	19 non-sectarian elementary and secondary schools must submit
449		-	20 such data in an annual report due to the State Board of
450		-	21 Education no later than August 15 of each year starting with
451		-	22 the 2024-2025 school year through the 2030-2031 school year.
452		-	23 The State Board of Education shall adopt rules for the
453		-	24 submission of data that includes, but is not limited to: (i) a
454		-	25 record of each verified allegation of bullying and action
455		-	26 taken; and (ii) whether the instance of bullying was based on
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466		-	1 actual or perceived characteristics identified in subsection
467		-	2 (a) and, if so, lists the relevant characteristics. The rules
468		-	3 for the submission of data shall be consistent with federal
469		-	4 and State laws and rules governing student privacy rights,
470		-	5 including, but not limited to, the federal Family Educational
471		-	6 Rights and Privacy Act of 1974 and the Illinois School Student
472		-	7 Records Act, which shall include, without limitation, a record
473		-	8 of each complaint and action taken. The State Board of
474		-	9 Education shall adopt rules regarding the notification of
475		-	10 school districts, charter schools, and non-public,
476		-	11 non-sectarian elementary and secondary schools that fail to
477		-	12 comply with the requirements of this subsection.
478		-	13 (g) Upon the request of a parent or legal guardian of a
479		-	14 child enrolled in a school district, charter school, or
480		-	15 non-public, non-sectarian elementary or secondary school
481		-	16 within this State, the State Board of Education must provide
482		-	17 non-identifiable data on the number of bullying allegations
483		-	18 and incidents in a given year in the school district, charter
484		-	19 school, or non-public, non-sectarian elementary or secondary
485		-	20 school to the requesting parent or legal guardian. The State
486		-	21 Board of Education shall adopt rules regarding (i) the
487		-	22 handling of such data, (ii) maintaining the privacy of the
488		-	23 students and families involved, and (iii) best practices for
489		-	24 sharing numerical data with parents and legal guardians.
490		-	25 (h) By January 1, 2024, the State Board of Education shall
491		-	26 post on its Internet website a template for a model bullying
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502		-	1 prevention policy.
503		-	2 (i) The Illinois Bullying and Cyberbullying Prevention
504		-	3 Fund is created as a special fund in the State treasury. Any
505		-	4 moneys appropriated to the Fund may be used, subject to
506		-	5 appropriation, by the State Board of Education for the
507		-	6 purposes of subsection (j).
508		-	7 (j) Subject to appropriation, the State Superintendent of
509		-	8 Education may provide a grant to a school district, charter
510		-	9 school, or non-public, non-sectarian elementary or secondary
511		-	10 school to support its anti-bullying programming. Grants may be
512		-	11 awarded from the Illinois Bullying and Cyberbullying
513		-	12 Prevention Fund. School districts, charter schools, and
514		-	13 non-public, non-sectarian elementary or secondary schools that
515		-	14 are not in compliance with subsection (f) are not eligible to
516		-	15 receive a grant from the Illinois Bullying and Cyberbullying
517		-	16 Prevention Fund.
518		-	17 (Source: P.A. 102-197, eff. 7-30-21; 102-241, eff. 8-3-21;
519		-	18 102-813, eff. 5-13-22; 102-894, eff. 5-20-22; 103-47, eff.
520		-	19 6-9-23.)
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