| Old | New | Differences | |
|---|---|---|---|
| 1 | - | Public Act 103-0047 | |
| 2 | 1 | HB3425 EnrolledLRB103 29456 RJT 55848 b HB3425 Enrolled LRB103 29456 RJT 55848 b | |
| 3 | 2 | HB3425 Enrolled LRB103 29456 RJT 55848 b | |
| 4 | - | AN ACT concerning education. | |
| 5 | - | Be it enacted by the People of the State of Illinois, | |
| 6 | - | represented in the General Assembly: | |
| 7 | - | Section 5. The State Finance Act is amended by adding | |
| 8 | - | Section 5.990 as follows: | |
| 9 | - | (30 ILCS 105/5.990 new) | |
| 10 | - | Sec. 5.990. The Illinois Bullying and Cyberbullying | |
| 11 | - | Prevention Fund. | |
| 12 | - | Section 10. The School Code is amended by changing Section | |
| 13 | - | 27-23.7 as follows: | |
| 14 | - | (105 ILCS 5/27-23.7) | |
| 15 | - | Sec. 27-23.7. Bullying prevention. | |
| 16 | - | (a) The General Assembly finds that a safe and civil | |
| 17 | - | school environment is necessary for students to learn and | |
| 18 | - | achieve and that bullying causes physical, psychological, and | |
| 19 | - | emotional harm to students and interferes with students' | |
| 20 | - | ability to learn and participate in school activities. The | |
| 21 | - | General Assembly further finds that bullying has been linked | |
| 22 | - | to other forms of antisocial behavior, such as vandalism, | |
| 23 | - | shoplifting, skipping and dropping out of school, fighting, | |
| 24 | - | using drugs and alcohol, sexual harassment, and sexual | |
| 3 | + | 1 AN ACT concerning education. | |
| 4 | + | 2 Be it enacted by the People of the State of Illinois, | |
| 5 | + | 3 represented in the General Assembly: | |
| 6 | + | 4 Section 5. The State Finance Act is amended by adding | |
| 7 | + | 5 Section 5.990 as follows: | |
| 8 | + | 6 (30 ILCS 105/5.990 new) | |
| 9 | + | 7 Sec. 5.990. The Illinois Bullying and Cyberbullying | |
| 10 | + | 8 Prevention Fund. | |
| 11 | + | 9 Section 10. The School Code is amended by changing Section | |
| 12 | + | 10 27-23.7 as follows: | |
| 13 | + | 11 (105 ILCS 5/27-23.7) | |
| 14 | + | 12 Sec. 27-23.7. Bullying prevention. | |
| 15 | + | 13 (a) The General Assembly finds that a safe and civil | |
| 16 | + | 14 school environment is necessary for students to learn and | |
| 17 | + | 15 achieve and that bullying causes physical, psychological, and | |
| 18 | + | 16 emotional harm to students and interferes with students' | |
| 19 | + | 17 ability to learn and participate in school activities. The | |
| 20 | + | 18 General Assembly further finds that bullying has been linked | |
| 21 | + | 19 to other forms of antisocial behavior, such as vandalism, | |
| 22 | + | 20 shoplifting, skipping and dropping out of school, fighting, | |
| 23 | + | 21 using drugs and alcohol, sexual harassment, and sexual | |
| 25 | 24 | ||
| 26 | 25 | ||
| 27 | 26 | ||
| 28 | 27 | HB3425 Enrolled LRB103 29456 RJT 55848 b | |
| 29 | 28 | ||
| 30 | 29 | ||
| 31 | - | violence. Because of the negative outcomes associated with | |
| 32 | - | bullying in schools, the General Assembly finds that school | |
| 33 | - | districts, charter schools, and non-public, non-sectarian | |
| 34 | - | elementary and secondary schools should educate students, | |
| 35 | - | parents, and school district, charter school, or non-public, | |
| 36 | - | non-sectarian elementary or secondary school personnel about | |
| 37 | - | what behaviors constitute prohibited bullying. | |
| 38 | - | Bullying on the basis of actual or perceived race, color, | |
| 39 | - | religion, sex, national origin, ancestry, physical appearance, | |
| 40 | - | socioeconomic status, academic status, pregnancy, parenting | |
| 41 | - | status, homelessness, age, marital status, physical or mental | |
| 42 | - | disability, military status, sexual orientation, | |
| 43 | - | gender-related identity or expression, unfavorable discharge | |
| 44 | - | from military service, association with a person or group with | |
| 45 | - | one or more of the aforementioned actual or perceived | |
| 46 | - | characteristics, or any other distinguishing characteristic is | |
| 47 | - | prohibited in all school districts, charter schools, and | |
| 48 | - | non-public, non-sectarian elementary and secondary schools. No | |
| 49 | - | student shall be subjected to bullying: | |
| 50 | - | (1) during any school-sponsored education program or | |
| 51 | - | activity; | |
| 52 | - | (2) while in school, on school property, on school | |
| 53 | - | buses or other school vehicles, at designated school bus | |
| 54 | - | stops waiting for the school bus, or at school-sponsored | |
| 55 | - | or school-sanctioned events or activities; | |
| 56 | - | (3) through the transmission of information from a | |
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| 31 | + | HB3425 Enrolled - 2 - LRB103 29456 RJT 55848 b | |
| 32 | + | 1 violence. Because of the negative outcomes associated with | |
| 33 | + | 2 bullying in schools, the General Assembly finds that school | |
| 34 | + | 3 districts, charter schools, and non-public, non-sectarian | |
| 35 | + | 4 elementary and secondary schools should educate students, | |
| 36 | + | 5 parents, and school district, charter school, or non-public, | |
| 37 | + | 6 non-sectarian elementary or secondary school personnel about | |
| 38 | + | 7 what behaviors constitute prohibited bullying. | |
| 39 | + | 8 Bullying on the basis of actual or perceived race, color, | |
| 40 | + | 9 religion, sex, national origin, ancestry, physical appearance, | |
| 41 | + | 10 socioeconomic status, academic status, pregnancy, parenting | |
| 42 | + | 11 status, homelessness, age, marital status, physical or mental | |
| 43 | + | 12 disability, military status, sexual orientation, | |
| 44 | + | 13 gender-related identity or expression, unfavorable discharge | |
| 45 | + | 14 from military service, association with a person or group with | |
| 46 | + | 15 one or more of the aforementioned actual or perceived | |
| 47 | + | 16 characteristics, or any other distinguishing characteristic is | |
| 48 | + | 17 prohibited in all school districts, charter schools, and | |
| 49 | + | 18 non-public, non-sectarian elementary and secondary schools. No | |
| 50 | + | 19 student shall be subjected to bullying: | |
| 51 | + | 20 (1) during any school-sponsored education program or | |
| 52 | + | 21 activity; | |
| 53 | + | 22 (2) while in school, on school property, on school | |
| 54 | + | 23 buses or other school vehicles, at designated school bus | |
| 55 | + | 24 stops waiting for the school bus, or at school-sponsored | |
| 56 | + | 25 or school-sanctioned events or activities; | |
| 57 | + | 26 (3) through the transmission of information from a | |
| 57 | 58 | ||
| 58 | 59 | ||
| 59 | - | school computer, a school computer network, or other | |
| 60 | - | similar electronic school equipment; or | |
| 61 | - | (4) through the transmission of information from a | |
| 62 | - | computer that is accessed at a nonschool-related location, | |
| 63 | - | activity, function, or program or from the use of | |
| 64 | - | technology or an electronic device that is not owned, | |
| 65 | - | leased, or used by a school district or school if the | |
| 66 | - | bullying causes a substantial disruption to the | |
| 67 | - | educational process or orderly operation of a school. This | |
| 68 | - | item (4) applies only in cases in which a school | |
| 69 | - | administrator or teacher receives a report that bullying | |
| 70 | - | through this means has occurred and does not require a | |
| 71 | - | district or school to staff or monitor any | |
| 72 | - | nonschool-related activity, function, or program. | |
| 73 | - | (a-5) Nothing in this Section is intended to infringe upon | |
| 74 | - | any right to exercise free expression or the free exercise of | |
| 75 | - | religion or religiously based views protected under the First | |
| 76 | - | Amendment to the United States Constitution or under Section 3 | |
| 77 | - | of Article I of the Illinois Constitution. | |
| 78 | - | (b) In this Section: | |
| 79 | - | "Bullying" includes "cyber-bullying" and means any severe | |
| 80 | - | or pervasive physical or verbal act or conduct, including | |
| 81 | - | communications made in writing or electronically, directed | |
| 82 | - | toward a student or students that has or can be reasonably | |
| 83 | - | predicted to have the effect of one or more of the following: | |
| 84 | - | (1) placing the student or students in reasonable fear | |
| 85 | 60 | ||
| 86 | 61 | ||
| 87 | - | of harm to the student's or students' person or property; | |
| 88 | - | (2) causing a substantially detrimental effect on the | |
| 89 | - | student's or students' physical or mental health; | |
| 90 | - | (3) substantially interfering with the student's or | |
| 91 | - | students' academic performance; or | |
| 92 | - | (4) substantially interfering with the student's or | |
| 93 | - | students' ability to participate in or benefit from the | |
| 94 | - | services, activities, or privileges provided by a school. | |
| 95 | - | Bullying, as defined in this subsection (b), may take | |
| 96 | - | various forms, including without limitation one or more of the | |
| 97 | - | following: harassment, threats, intimidation, stalking, | |
| 98 | - | physical violence, sexual harassment, sexual violence, theft, | |
| 99 | - | public humiliation, destruction of property, or retaliation | |
| 100 | - | for asserting or alleging an act of bullying. This list is | |
| 101 | - | meant to be illustrative and non-exhaustive. | |
| 102 | - | "Cyber-bullying" means bullying through the use of | |
| 103 | - | technology or any electronic communication, including without | |
| 104 | - | limitation any transfer of signs, signals, writing, images, | |
| 105 | - | sounds, data, or intelligence of any nature transmitted in | |
| 106 | - | whole or in part by a wire, radio, electromagnetic system, | |
| 107 | - | photoelectronic system, or photooptical system, including | |
| 108 | - | without limitation electronic mail, Internet communications, | |
| 109 | - | instant messages, or facsimile communications. | |
| 110 | - | "Cyber-bullying" includes the creation of a webpage or weblog | |
| 111 | - | in which the creator assumes the identity of another person or | |
| 112 | - | the knowing impersonation of another person as the author of | |
| 62 | + | ||
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| 113 | 64 | ||
| 114 | 65 | ||
| 115 | - | posted content or messages if the creation or impersonation | |
| 116 | - | creates any of the effects enumerated in the definition of | |
| 117 | - | bullying in this Section. "Cyber-bullying" also includes the | |
| 118 | - | distribution by electronic means of a communication to more | |
| 119 | - | than one person or the posting of material on an electronic | |
| 120 | - | medium that may be accessed by one or more persons if the | |
| 121 | - | distribution or posting creates any of the effects enumerated | |
| 122 | - | in the definition of bullying in this Section. | |
| 123 | - | "Policy on bullying" means a bullying prevention policy | |
| 124 | - | that meets the following criteria: | |
| 125 | - | (1) Includes the bullying definition provided in this | |
| 126 | - | Section. | |
| 127 | - | (2) Includes a statement that bullying is contrary to | |
| 128 | - | State law and the policy of the school district, charter | |
| 129 | - | school, or non-public, non-sectarian elementary or | |
| 130 | - | secondary school and is consistent with subsection (a-5) | |
| 131 | - | of this Section. | |
| 132 | - | (3) Includes procedures for promptly reporting | |
| 133 | - | bullying, including, but not limited to, identifying and | |
| 134 | - | providing the school e-mail address (if applicable) and | |
| 135 | - | school telephone number for the staff person or persons | |
| 136 | - | responsible for receiving such reports and a procedure for | |
| 137 | - | anonymous reporting; however, this shall not be construed | |
| 138 | - | to permit formal disciplinary action solely on the basis | |
| 139 | - | of an anonymous report. | |
| 140 | - | (4) Consistent with federal and State laws and rules | |
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| 68 | + | 1 school computer, a school computer network, or other | |
| 69 | + | 2 similar electronic school equipment; or | |
| 70 | + | 3 (4) through the transmission of information from a | |
| 71 | + | 4 computer that is accessed at a nonschool-related location, | |
| 72 | + | 5 activity, function, or program or from the use of | |
| 73 | + | 6 technology or an electronic device that is not owned, | |
| 74 | + | 7 leased, or used by a school district or school if the | |
| 75 | + | 8 bullying causes a substantial disruption to the | |
| 76 | + | 9 educational process or orderly operation of a school. This | |
| 77 | + | 10 item (4) applies only in cases in which a school | |
| 78 | + | 11 administrator or teacher receives a report that bullying | |
| 79 | + | 12 through this means has occurred and does not require a | |
| 80 | + | 13 district or school to staff or monitor any | |
| 81 | + | 14 nonschool-related activity, function, or program. | |
| 82 | + | 15 (a-5) Nothing in this Section is intended to infringe upon | |
| 83 | + | 16 any right to exercise free expression or the free exercise of | |
| 84 | + | 17 religion or religiously based views protected under the First | |
| 85 | + | 18 Amendment to the United States Constitution or under Section 3 | |
| 86 | + | 19 of Article I of the Illinois Constitution. | |
| 87 | + | 20 (b) In this Section: | |
| 88 | + | 21 "Bullying" includes "cyber-bullying" and means any severe | |
| 89 | + | 22 or pervasive physical or verbal act or conduct, including | |
| 90 | + | 23 communications made in writing or electronically, directed | |
| 91 | + | 24 toward a student or students that has or can be reasonably | |
| 92 | + | 25 predicted to have the effect of one or more of the following: | |
| 93 | + | 26 (1) placing the student or students in reasonable fear | |
| 141 | 94 | ||
| 142 | 95 | ||
| 143 | - | governing student privacy rights, includes procedures for | |
| 144 | - | promptly informing parents or guardians of all students | |
| 145 | - | involved in the alleged incident of bullying within 24 | |
| 146 | - | hours after the school's administration is made aware of | |
| 147 | - | the students' involvement in the incident and discussing, | |
| 148 | - | as appropriate, the availability of social work services, | |
| 149 | - | counseling, school psychological services, other | |
| 150 | - | interventions, and restorative measures. The school shall | |
| 151 | - | make diligent efforts to notify a parent or legal | |
| 152 | - | guardian, utilizing all contact information the school has | |
| 153 | - | available or that can be reasonably obtained by the school | |
| 154 | - | within the 24-hour period. | |
| 155 | - | (5) Contains procedures for promptly investigating and | |
| 156 | - | addressing reports of bullying, including the following: | |
| 157 | - | (A) Making all reasonable efforts to complete the | |
| 158 | - | investigation within 10 school days after the date the | |
| 159 | - | report of the incident of bullying was received and | |
| 160 | - | taking into consideration additional relevant | |
| 161 | - | information received during the course of the | |
| 162 | - | investigation about the reported incident of bullying. | |
| 163 | - | (B) Involving appropriate school support personnel | |
| 164 | - | and other staff persons with knowledge, experience, | |
| 165 | - | and training on bullying prevention, as deemed | |
| 166 | - | appropriate, in the investigation process. | |
| 167 | - | (C) Notifying the principal or school | |
| 168 | - | administrator or his or her designee of the report of | |
| 169 | 96 | ||
| 170 | 97 | ||
| 171 | - | the incident of bullying as soon as possible after the | |
| 172 | - | report is received. | |
| 173 | - | (D) Consistent with federal and State laws and | |
| 174 | - | rules governing student privacy rights, providing | |
| 175 | - | parents and guardians of the students who are parties | |
| 176 | - | to the investigation information about the | |
| 177 | - | investigation and an opportunity to meet with the | |
| 178 | - | principal or school administrator or his or her | |
| 179 | - | designee to discuss the investigation, the findings of | |
| 180 | - | the investigation, and the actions taken to address | |
| 181 | - | the reported incident of bullying. | |
| 182 | - | (6) Includes the interventions that can be taken to | |
| 183 | - | address bullying, which may include, but are not limited | |
| 184 | - | to, school social work services, restorative measures, | |
| 185 | - | social-emotional skill building, counseling, school | |
| 186 | - | psychological services, and community-based services. | |
| 187 | - | (7) Includes a statement prohibiting reprisal or | |
| 188 | - | retaliation against any person who reports an act of | |
| 189 | - | bullying and the consequences and appropriate remedial | |
| 190 | - | actions for a person who engages in reprisal or | |
| 191 | - | retaliation. | |
| 192 | - | (8) Includes consequences and appropriate remedial | |
| 193 | - | actions for a person found to have falsely accused another | |
| 194 | - | of bullying as a means of retaliation or as a means of | |
| 195 | - | bullying. | |
| 196 | - | (9) Is based on the engagement of a range of school | |
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| 197 | 100 | ||
| 198 | 101 | ||
| 199 | - | stakeholders, including students and parents or guardians. | |
| 200 | - | (10) Is posted on the school district's, charter | |
| 201 | - | school's, or non-public, non-sectarian elementary or | |
| 202 | - | secondary school's existing, publicly accessible Internet | |
| 203 | - | website, is included in the student handbook, and, where | |
| 204 | - | applicable, posted where other policies, rules, and | |
| 205 | - | standards of conduct are currently posted in the school | |
| 206 | - | and provided periodically throughout the school year to | |
| 207 | - | students and faculty, and is distributed annually to | |
| 208 | - | parents, guardians, students, and school personnel, | |
| 209 | - | including new employees when hired. | |
| 210 | - | (11) As part of the process of reviewing and | |
| 211 | - | re-evaluating the policy under subsection (d) of this | |
| 212 | - | Section, contains a policy evaluation process to assess | |
| 213 | - | the outcomes and effectiveness of the policy that | |
| 214 | - | includes, but is not limited to, factors such as the | |
| 215 | - | frequency of victimization; student, staff, and family | |
| 216 | - | observations of safety at a school; identification of | |
| 217 | - | areas of a school where bullying occurs; the types of | |
| 218 | - | bullying utilized; and bystander intervention or | |
| 219 | - | participation. The school district, charter school, or | |
| 220 | - | non-public, non-sectarian elementary or secondary school | |
| 221 | - | may use relevant data and information it already collects | |
| 222 | - | for other purposes in the policy evaluation. The | |
| 223 | - | information developed as a result of the policy evaluation | |
| 224 | - | must be made available on the Internet website of the | |
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| 104 | + | 1 of harm to the student's or students' person or property; | |
| 105 | + | 2 (2) causing a substantially detrimental effect on the | |
| 106 | + | 3 student's or students' physical or mental health; | |
| 107 | + | 4 (3) substantially interfering with the student's or | |
| 108 | + | 5 students' academic performance; or | |
| 109 | + | 6 (4) substantially interfering with the student's or | |
| 110 | + | 7 students' ability to participate in or benefit from the | |
| 111 | + | 8 services, activities, or privileges provided by a school. | |
| 112 | + | 9 Bullying, as defined in this subsection (b), may take | |
| 113 | + | 10 various forms, including without limitation one or more of the | |
| 114 | + | 11 following: harassment, threats, intimidation, stalking, | |
| 115 | + | 12 physical violence, sexual harassment, sexual violence, theft, | |
| 116 | + | 13 public humiliation, destruction of property, or retaliation | |
| 117 | + | 14 for asserting or alleging an act of bullying. This list is | |
| 118 | + | 15 meant to be illustrative and non-exhaustive. | |
| 119 | + | 16 "Cyber-bullying" means bullying through the use of | |
| 120 | + | 17 technology or any electronic communication, including without | |
| 121 | + | 18 limitation any transfer of signs, signals, writing, images, | |
| 122 | + | 19 sounds, data, or intelligence of any nature transmitted in | |
| 123 | + | 20 whole or in part by a wire, radio, electromagnetic system, | |
| 124 | + | 21 photoelectronic system, or photooptical system, including | |
| 125 | + | 22 without limitation electronic mail, Internet communications, | |
| 126 | + | 23 instant messages, or facsimile communications. | |
| 127 | + | 24 "Cyber-bullying" includes the creation of a webpage or weblog | |
| 128 | + | 25 in which the creator assumes the identity of another person or | |
| 129 | + | 26 the knowing impersonation of another person as the author of | |
| 225 | 130 | ||
| 226 | 131 | ||
| 227 | - | school district, charter school, or non-public, | |
| 228 | - | non-sectarian elementary or secondary school. If an | |
| 229 | - | Internet website is not available, the information must be | |
| 230 | - | provided to school administrators, school board members, | |
| 231 | - | school personnel, parents, guardians, and students. | |
| 232 | - | (12) Is consistent with the policies of the school | |
| 233 | - | board, charter school, or non-public, non-sectarian | |
| 234 | - | elementary or secondary school. | |
| 235 | - | (13) Requires all individual instances of bullying, as | |
| 236 | - | well as all threats, suggestions, or instances of | |
| 237 | - | self-harm determined to be the result of bullying, to be | |
| 238 | - | reported to the parents or legal guardians of those | |
| 239 | - | involved under the guidelines provided in paragraph (4) of | |
| 240 | - | this definition. | |
| 241 | - | "Restorative measures" means a continuum of school-based | |
| 242 | - | alternatives to exclusionary discipline, such as suspensions | |
| 243 | - | and expulsions, that: (i) are adapted to the particular needs | |
| 244 | - | of the school and community, (ii) contribute to maintaining | |
| 245 | - | school safety, (iii) protect the integrity of a positive and | |
| 246 | - | productive learning climate, (iv) teach students the personal | |
| 247 | - | and interpersonal skills they will need to be successful in | |
| 248 | - | school and society, (v) serve to build and restore | |
| 249 | - | relationships among students, families, schools, and | |
| 250 | - | communities, (vi) reduce the likelihood of future disruption | |
| 251 | - | by balancing accountability with an understanding of students' | |
| 252 | - | behavioral health needs in order to keep students in school, | |
| 253 | 132 | ||
| 254 | 133 | ||
| 255 | - | and (vii) increase student accountability if the incident of | |
| 256 | - | bullying is based on religion, race, ethnicity, or any other | |
| 257 | - | category that is identified in the Illinois Human Rights Act. | |
| 258 | - | "School personnel" means persons employed by, on contract | |
| 259 | - | with, or who volunteer in a school district, charter school, | |
| 260 | - | or non-public, non-sectarian elementary or secondary school, | |
| 261 | - | including without limitation school and school district | |
| 262 | - | administrators, teachers, school social workers, school | |
| 263 | - | counselors, school psychologists, school nurses, cafeteria | |
| 264 | - | workers, custodians, bus drivers, school resource officers, | |
| 265 | - | and security guards. | |
| 266 | - | (c) (Blank). | |
| 267 | - | (d) Each school district, charter school, and non-public, | |
| 268 | - | non-sectarian elementary or secondary school shall create, | |
| 269 | - | maintain, and implement a policy on bullying, which policy | |
| 270 | - | must be filed with the State Board of Education. The policy on | |
| 271 | - | bullying shall be based on the State Board of Education's | |
| 272 | - | template for a model bullying prevention policy under | |
| 273 | - | subsection (h) and shall include the criteria set forth in the | |
| 274 | - | definition of "policy on bullying". The policy or implementing | |
| 275 | - | procedure shall include a process to investigate whether a | |
| 276 | - | reported act of bullying is within the permissible scope of | |
| 277 | - | the district's or school's jurisdiction and shall require that | |
| 278 | - | the district or school provide the victim with information | |
| 279 | - | regarding services that are available within the district and | |
| 280 | - | community, such as counseling, support services, and other | |
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| 281 | 136 | ||
| 282 | 137 | ||
| 283 | - | programs. School personnel available for help with a bully or | |
| 284 | - | to make a report about bullying shall be made known to parents | |
| 285 | - | or legal guardians, students, and school personnel. Every 2 | |
| 286 | - | years, each school district, charter school, and non-public, | |
| 287 | - | non-sectarian elementary or secondary school shall conduct a | |
| 288 | - | review and re-evaluation of its policy and make any necessary | |
| 289 | - | and appropriate revisions. No later than September 30 of the | |
| 290 | - | subject year, the policy must be filed with the State Board of | |
| 291 | - | Education after being updated. The State Board of Education | |
| 292 | - | shall monitor and provide technical support for the | |
| 293 | - | implementation of policies created under this subsection (d). | |
| 294 | - | In monitoring the implementation of the policies, the State | |
| 295 | - | Board of Education shall review each filed policy on bullying | |
| 296 | - | to ensure all policies meet the requirements set forth in this | |
| 297 | - | Section, including ensuring that each policy meets the 12 | |
| 298 | - | criterion identified within the definition of "policy on | |
| 299 | - | bullying" set forth in this Section. | |
| 300 | - | If a school district, charter school, or non-public, | |
| 301 | - | non-sectarian elementary or secondary school fails to file a | |
| 302 | - | policy on bullying by September 30 of the subject year, the | |
| 303 | - | State Board of Education shall provide a written request for | |
| 304 | - | filing to the school district, charter school, or non-public, | |
| 305 | - | non-sectarian elementary or secondary school. If a school | |
| 306 | - | district, charter school, or non-public, non-sectarian | |
| 307 | - | elementary or secondary school fails to file a policy on | |
| 308 | - | bullying within 14 days of receipt of the aforementioned | |
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| 140 | + | 1 posted content or messages if the creation or impersonation | |
| 141 | + | 2 creates any of the effects enumerated in the definition of | |
| 142 | + | 3 bullying in this Section. "Cyber-bullying" also includes the | |
| 143 | + | 4 distribution by electronic means of a communication to more | |
| 144 | + | 5 than one person or the posting of material on an electronic | |
| 145 | + | 6 medium that may be accessed by one or more persons if the | |
| 146 | + | 7 distribution or posting creates any of the effects enumerated | |
| 147 | + | 8 in the definition of bullying in this Section. | |
| 148 | + | 9 "Policy on bullying" means a bullying prevention policy | |
| 149 | + | 10 that meets the following criteria: | |
| 150 | + | 11 (1) Includes the bullying definition provided in this | |
| 151 | + | 12 Section. | |
| 152 | + | 13 (2) Includes a statement that bullying is contrary to | |
| 153 | + | 14 State law and the policy of the school district, charter | |
| 154 | + | 15 school, or non-public, non-sectarian elementary or | |
| 155 | + | 16 secondary school and is consistent with subsection (a-5) | |
| 156 | + | 17 of this Section. | |
| 157 | + | 18 (3) Includes procedures for promptly reporting | |
| 158 | + | 19 bullying, including, but not limited to, identifying and | |
| 159 | + | 20 providing the school e-mail address (if applicable) and | |
| 160 | + | 21 school telephone number for the staff person or persons | |
| 161 | + | 22 responsible for receiving such reports and a procedure for | |
| 162 | + | 23 anonymous reporting; however, this shall not be construed | |
| 163 | + | 24 to permit formal disciplinary action solely on the basis | |
| 164 | + | 25 of an anonymous report. | |
| 165 | + | 26 (4) Consistent with federal and State laws and rules | |
| 309 | 166 | ||
| 310 | 167 | ||
| 311 | - | written request, the State Board of Education shall publish | |
| 312 | - | notice of the non-compliance on the State Board of Education's | |
| 313 | - | website. | |
| 314 | - | Each school district, charter school, and non-public, | |
| 315 | - | non-sectarian elementary or secondary school may provide | |
| 316 | - | evidence-based professional development and youth programming | |
| 317 | - | on bullying prevention that is consistent with the provisions | |
| 318 | - | of this Section. | |
| 319 | - | (e) This Section shall not be interpreted to prevent a | |
| 320 | - | victim from seeking redress under any other available civil or | |
| 321 | - | criminal law. | |
| 322 | - | (f) School districts, charter schools, and non-public, | |
| 323 | - | non-sectarian elementary and secondary schools shall collect, | |
| 324 | - | maintain, and submit to the State Board of Education | |
| 325 | - | non-identifiable data regarding verified allegations of | |
| 326 | - | bullying within the school district, charter school, or | |
| 327 | - | non-public, non-sectarian elementary or secondary school. | |
| 328 | - | School districts, charter schools, and non-public, | |
| 329 | - | non-sectarian elementary and secondary schools must submit | |
| 330 | - | such data in an annual report due to the State Board of | |
| 331 | - | Education no later than August 15 of each year starting with | |
| 332 | - | the 2024-2025 school year through the 2030-2031 school year. | |
| 333 | - | The State Board of Education shall adopt rules for the | |
| 334 | - | submission of data that includes, but is not limited to: (i) a | |
| 335 | - | record of each verified allegation of bullying and action | |
| 336 | - | taken; and (ii) whether the instance of bullying was based on | |
| 337 | 168 | ||
| 338 | 169 | ||
| 339 | - | actual or perceived characteristics identified in subsection | |
| 340 | - | (a) and, if so, lists the relevant characteristics. The rules | |
| 341 | - | for the submission of data shall be consistent with federal | |
| 342 | - | and State laws and rules governing student privacy rights, | |
| 343 | - | including, but not limited to, the federal Family Educational | |
| 344 | - | Rights and Privacy Act of 1974 and the Illinois School Student | |
| 345 | - | Records Act, which shall include, without limitation, a record | |
| 346 | - | of each complaint and action taken. The State Board of | |
| 347 | - | Education shall adopt rules regarding the notification of | |
| 348 | - | school districts, charter schools, and non-public, | |
| 349 | - | non-sectarian elementary and secondary schools that fail to | |
| 350 | - | comply with the requirements of this subsection. | |
| 351 | - | (g) Upon the request of a parent or legal guardian of a | |
| 352 | - | child enrolled in a school district, charter school, or | |
| 353 | - | non-public, non-sectarian elementary or secondary school | |
| 354 | - | within this State, the State Board of Education must provide | |
| 355 | - | non-identifiable data on the number of bullying allegations | |
| 356 | - | and incidents in a given year in the school district, charter | |
| 357 | - | school, or non-public, non-sectarian elementary or secondary | |
| 358 | - | school to the requesting parent or legal guardian. The State | |
| 359 | - | Board of Education shall adopt rules regarding (i) the | |
| 360 | - | handling of such data, (ii) maintaining the privacy of the | |
| 361 | - | students and families involved, and (iii) best practices for | |
| 362 | - | sharing numerical data with parents and legal guardians. | |
| 363 | - | (h) By January 1, 2024, the State Board of Education shall | |
| 364 | - | post on its Internet website a template for a model bullying | |
| 170 | + | ||
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| 365 | 172 | ||
| 366 | 173 | ||
| 367 | - | prevention policy. | |
| 368 | - | (i) The Illinois Bullying and Cyberbullying Prevention | |
| 369 | - | Fund is created as a special fund in the State treasury. Any | |
| 370 | - | moneys appropriated to the Fund may be used, subject to | |
| 371 | - | appropriation, by the State Board of Education for the | |
| 372 | - | purposes of subsection (j). | |
| 373 | - | (j) Subject to appropriation, the State Superintendent of | |
| 374 | - | Education may provide a grant to a school district, charter | |
| 375 | - | school, or non-public, non-sectarian elementary or secondary | |
| 376 | - | school to support its anti-bullying programming. Grants may be | |
| 377 | - | awarded from the Illinois Bullying and Cyberbullying | |
| 378 | - | Prevention Fund. School districts, charter schools, and | |
| 379 | - | non-public, non-sectarian elementary or secondary schools that | |
| 380 | - | are not in compliance with subsection (f) are not eligible to | |
| 381 | - | receive a grant from the Illinois Bullying and Cyberbullying | |
| 382 | - | Prevention Fund. | |
| 383 | - | (Source: P.A. 102-197, eff. 7-30-21; 102-241, eff. 8-3-21; | |
| 384 | - | 102-813, eff. 5-13-22; 102-894, eff. 5-20-22.) | |
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| 176 | + | 1 governing student privacy rights, includes procedures for | |
| 177 | + | 2 promptly informing parents or guardians of all students | |
| 178 | + | 3 involved in the alleged incident of bullying within 24 | |
| 179 | + | 4 hours after the school's administration is made aware of | |
| 180 | + | 5 the students' involvement in the incident and discussing, | |
| 181 | + | 6 as appropriate, the availability of social work services, | |
| 182 | + | 7 counseling, school psychological services, other | |
| 183 | + | 8 interventions, and restorative measures. The school shall | |
| 184 | + | 9 make diligent efforts to notify a parent or legal | |
| 185 | + | 10 guardian, utilizing all contact information the school has | |
| 186 | + | 11 available or that can be reasonably obtained by the school | |
| 187 | + | 12 within the 24-hour period. | |
| 188 | + | 13 (5) Contains procedures for promptly investigating and | |
| 189 | + | 14 addressing reports of bullying, including the following: | |
| 190 | + | 15 (A) Making all reasonable efforts to complete the | |
| 191 | + | 16 investigation within 10 school days after the date the | |
| 192 | + | 17 report of the incident of bullying was received and | |
| 193 | + | 18 taking into consideration additional relevant | |
| 194 | + | 19 information received during the course of the | |
| 195 | + | 20 investigation about the reported incident of bullying. | |
| 196 | + | 21 (B) Involving appropriate school support personnel | |
| 197 | + | 22 and other staff persons with knowledge, experience, | |
| 198 | + | 23 and training on bullying prevention, as deemed | |
| 199 | + | 24 appropriate, in the investigation process. | |
| 200 | + | 25 (C) Notifying the principal or school | |
| 201 | + | 26 administrator or his or her designee of the report of | |
| 202 | + | ||
| 203 | + | ||
| 204 | + | ||
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| 212 | + | 1 the incident of bullying as soon as possible after the | |
| 213 | + | 2 report is received. | |
| 214 | + | 3 (D) Consistent with federal and State laws and | |
| 215 | + | 4 rules governing student privacy rights, providing | |
| 216 | + | 5 parents and guardians of the students who are parties | |
| 217 | + | 6 to the investigation information about the | |
| 218 | + | 7 investigation and an opportunity to meet with the | |
| 219 | + | 8 principal or school administrator or his or her | |
| 220 | + | 9 designee to discuss the investigation, the findings of | |
| 221 | + | 10 the investigation, and the actions taken to address | |
| 222 | + | 11 the reported incident of bullying. | |
| 223 | + | 12 (6) Includes the interventions that can be taken to | |
| 224 | + | 13 address bullying, which may include, but are not limited | |
| 225 | + | 14 to, school social work services, restorative measures, | |
| 226 | + | 15 social-emotional skill building, counseling, school | |
| 227 | + | 16 psychological services, and community-based services. | |
| 228 | + | 17 (7) Includes a statement prohibiting reprisal or | |
| 229 | + | 18 retaliation against any person who reports an act of | |
| 230 | + | 19 bullying and the consequences and appropriate remedial | |
| 231 | + | 20 actions for a person who engages in reprisal or | |
| 232 | + | 21 retaliation. | |
| 233 | + | 22 (8) Includes consequences and appropriate remedial | |
| 234 | + | 23 actions for a person found to have falsely accused another | |
| 235 | + | 24 of bullying as a means of retaliation or as a means of | |
| 236 | + | 25 bullying. | |
| 237 | + | 26 (9) Is based on the engagement of a range of school | |
| 238 | + | ||
| 239 | + | ||
| 240 | + | ||
| 241 | + | ||
| 242 | + | ||
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| 247 | + | HB3425 Enrolled - 8 - LRB103 29456 RJT 55848 b | |
| 248 | + | 1 stakeholders, including students and parents or guardians. | |
| 249 | + | 2 (10) Is posted on the school district's, charter | |
| 250 | + | 3 school's, or non-public, non-sectarian elementary or | |
| 251 | + | 4 secondary school's existing, publicly accessible Internet | |
| 252 | + | 5 website, is included in the student handbook, and, where | |
| 253 | + | 6 applicable, posted where other policies, rules, and | |
| 254 | + | 7 standards of conduct are currently posted in the school | |
| 255 | + | 8 and provided periodically throughout the school year to | |
| 256 | + | 9 students and faculty, and is distributed annually to | |
| 257 | + | 10 parents, guardians, students, and school personnel, | |
| 258 | + | 11 including new employees when hired. | |
| 259 | + | 12 (11) As part of the process of reviewing and | |
| 260 | + | 13 re-evaluating the policy under subsection (d) of this | |
| 261 | + | 14 Section, contains a policy evaluation process to assess | |
| 262 | + | 15 the outcomes and effectiveness of the policy that | |
| 263 | + | 16 includes, but is not limited to, factors such as the | |
| 264 | + | 17 frequency of victimization; student, staff, and family | |
| 265 | + | 18 observations of safety at a school; identification of | |
| 266 | + | 19 areas of a school where bullying occurs; the types of | |
| 267 | + | 20 bullying utilized; and bystander intervention or | |
| 268 | + | 21 participation. The school district, charter school, or | |
| 269 | + | 22 non-public, non-sectarian elementary or secondary school | |
| 270 | + | 23 may use relevant data and information it already collects | |
| 271 | + | 24 for other purposes in the policy evaluation. The | |
| 272 | + | 25 information developed as a result of the policy evaluation | |
| 273 | + | 26 must be made available on the Internet website of the | |
| 274 | + | ||
| 275 | + | ||
| 276 | + | ||
| 277 | + | ||
| 278 | + | ||
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| 284 | + | 1 school district, charter school, or non-public, | |
| 285 | + | 2 non-sectarian elementary or secondary school. If an | |
| 286 | + | 3 Internet website is not available, the information must be | |
| 287 | + | 4 provided to school administrators, school board members, | |
| 288 | + | 5 school personnel, parents, guardians, and students. | |
| 289 | + | 6 (12) Is consistent with the policies of the school | |
| 290 | + | 7 board, charter school, or non-public, non-sectarian | |
| 291 | + | 8 elementary or secondary school. | |
| 292 | + | 9 (13) Requires all individual instances of bullying, as | |
| 293 | + | 10 well as all threats, suggestions, or instances of | |
| 294 | + | 11 self-harm determined to be the result of bullying, to be | |
| 295 | + | 12 reported to the parents or legal guardians of those | |
| 296 | + | 13 involved under the guidelines provided in paragraph (4) of | |
| 297 | + | 14 this definition. | |
| 298 | + | 15 "Restorative measures" means a continuum of school-based | |
| 299 | + | 16 alternatives to exclusionary discipline, such as suspensions | |
| 300 | + | 17 and expulsions, that: (i) are adapted to the particular needs | |
| 301 | + | 18 of the school and community, (ii) contribute to maintaining | |
| 302 | + | 19 school safety, (iii) protect the integrity of a positive and | |
| 303 | + | 20 productive learning climate, (iv) teach students the personal | |
| 304 | + | 21 and interpersonal skills they will need to be successful in | |
| 305 | + | 22 school and society, (v) serve to build and restore | |
| 306 | + | 23 relationships among students, families, schools, and | |
| 307 | + | 24 communities, (vi) reduce the likelihood of future disruption | |
| 308 | + | 25 by balancing accountability with an understanding of students' | |
| 309 | + | 26 behavioral health needs in order to keep students in school, | |
| 310 | + | ||
| 311 | + | ||
| 312 | + | ||
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| 320 | + | 1 and (vii) increase student accountability if the incident of | |
| 321 | + | 2 bullying is based on religion, race, ethnicity, or any other | |
| 322 | + | 3 category that is identified in the Illinois Human Rights Act. | |
| 323 | + | 4 "School personnel" means persons employed by, on contract | |
| 324 | + | 5 with, or who volunteer in a school district, charter school, | |
| 325 | + | 6 or non-public, non-sectarian elementary or secondary school, | |
| 326 | + | 7 including without limitation school and school district | |
| 327 | + | 8 administrators, teachers, school social workers, school | |
| 328 | + | 9 counselors, school psychologists, school nurses, cafeteria | |
| 329 | + | 10 workers, custodians, bus drivers, school resource officers, | |
| 330 | + | 11 and security guards. | |
| 331 | + | 12 (c) (Blank). | |
| 332 | + | 13 (d) Each school district, charter school, and non-public, | |
| 333 | + | 14 non-sectarian elementary or secondary school shall create, | |
| 334 | + | 15 maintain, and implement a policy on bullying, which policy | |
| 335 | + | 16 must be filed with the State Board of Education. The policy on | |
| 336 | + | 17 bullying shall be based on the State Board of Education's | |
| 337 | + | 18 template for a model bullying prevention policy under | |
| 338 | + | 19 subsection (h) and shall include the criteria set forth in the | |
| 339 | + | 20 definition of "policy on bullying". The policy or implementing | |
| 340 | + | 21 procedure shall include a process to investigate whether a | |
| 341 | + | 22 reported act of bullying is within the permissible scope of | |
| 342 | + | 23 the district's or school's jurisdiction and shall require that | |
| 343 | + | 24 the district or school provide the victim with information | |
| 344 | + | 25 regarding services that are available within the district and | |
| 345 | + | 26 community, such as counseling, support services, and other | |
| 346 | + | ||
| 347 | + | ||
| 348 | + | ||
| 349 | + | ||
| 350 | + | ||
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| 356 | + | 1 programs. School personnel available for help with a bully or | |
| 357 | + | 2 to make a report about bullying shall be made known to parents | |
| 358 | + | 3 or legal guardians, students, and school personnel. Every 2 | |
| 359 | + | 4 years, each school district, charter school, and non-public, | |
| 360 | + | 5 non-sectarian elementary or secondary school shall conduct a | |
| 361 | + | 6 review and re-evaluation of its policy and make any necessary | |
| 362 | + | 7 and appropriate revisions. No later than September 30 of the | |
| 363 | + | 8 subject year, the policy must be filed with the State Board of | |
| 364 | + | 9 Education after being updated. The State Board of Education | |
| 365 | + | 10 shall monitor and provide technical support for the | |
| 366 | + | 11 implementation of policies created under this subsection (d). | |
| 367 | + | 12 In monitoring the implementation of the policies, the State | |
| 368 | + | 13 Board of Education shall review each filed policy on bullying | |
| 369 | + | 14 to ensure all policies meet the requirements set forth in this | |
| 370 | + | 15 Section, including ensuring that each policy meets the 12 | |
| 371 | + | 16 criterion identified within the definition of "policy on | |
| 372 | + | 17 bullying" set forth in this Section. | |
| 373 | + | 18 If a school district, charter school, or non-public, | |
| 374 | + | 19 non-sectarian elementary or secondary school fails to file a | |
| 375 | + | 20 policy on bullying by September 30 of the subject year, the | |
| 376 | + | 21 State Board of Education shall provide a written request for | |
| 377 | + | 22 filing to the school district, charter school, or non-public, | |
| 378 | + | 23 non-sectarian elementary or secondary school. If a school | |
| 379 | + | 24 district, charter school, or non-public, non-sectarian | |
| 380 | + | 25 elementary or secondary school fails to file a policy on | |
| 381 | + | 26 bullying within 14 days of receipt of the aforementioned | |
| 382 | + | ||
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| 392 | + | 1 written request, the State Board of Education shall publish | |
| 393 | + | 2 notice of the non-compliance on the State Board of Education's | |
| 394 | + | 3 website. | |
| 395 | + | 4 Each school district, charter school, and non-public, | |
| 396 | + | 5 non-sectarian elementary or secondary school may provide | |
| 397 | + | 6 evidence-based professional development and youth programming | |
| 398 | + | 7 on bullying prevention that is consistent with the provisions | |
| 399 | + | 8 of this Section. | |
| 400 | + | 9 (e) This Section shall not be interpreted to prevent a | |
| 401 | + | 10 victim from seeking redress under any other available civil or | |
| 402 | + | 11 criminal law. | |
| 403 | + | 12 (f) School districts, charter schools, and non-public, | |
| 404 | + | 13 non-sectarian elementary and secondary schools shall collect, | |
| 405 | + | 14 maintain, and submit to the State Board of Education | |
| 406 | + | 15 non-identifiable data regarding verified allegations of | |
| 407 | + | 16 bullying within the school district, charter school, or | |
| 408 | + | 17 non-public, non-sectarian elementary or secondary school. | |
| 409 | + | 18 School districts, charter schools, and non-public, | |
| 410 | + | 19 non-sectarian elementary and secondary schools must submit | |
| 411 | + | 20 such data in an annual report due to the State Board of | |
| 412 | + | 21 Education no later than August 15 of each year starting with | |
| 413 | + | 22 the 2024-2025 school year through the 2030-2031 school year. | |
| 414 | + | 23 The State Board of Education shall adopt rules for the | |
| 415 | + | 24 submission of data that includes, but is not limited to: (i) a | |
| 416 | + | 25 record of each verified allegation of bullying and action | |
| 417 | + | 26 taken; and (ii) whether the instance of bullying was based on | |
| 418 | + | ||
| 419 | + | ||
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| 428 | + | 1 actual or perceived characteristics identified in subsection | |
| 429 | + | 2 (a) and, if so, lists the relevant characteristics. The rules | |
| 430 | + | 3 for the submission of data shall be consistent with federal | |
| 431 | + | 4 and State laws and rules governing student privacy rights, | |
| 432 | + | 5 including, but not limited to, the federal Family Educational | |
| 433 | + | 6 Rights and Privacy Act of 1974 and the Illinois School Student | |
| 434 | + | 7 Records Act, which shall include, without limitation, a record | |
| 435 | + | 8 of each complaint and action taken. The State Board of | |
| 436 | + | 9 Education shall adopt rules regarding the notification of | |
| 437 | + | 10 school districts, charter schools, and non-public, | |
| 438 | + | 11 non-sectarian elementary and secondary schools that fail to | |
| 439 | + | 12 comply with the requirements of this subsection. | |
| 440 | + | 13 (g) Upon the request of a parent or legal guardian of a | |
| 441 | + | 14 child enrolled in a school district, charter school, or | |
| 442 | + | 15 non-public, non-sectarian elementary or secondary school | |
| 443 | + | 16 within this State, the State Board of Education must provide | |
| 444 | + | 17 non-identifiable data on the number of bullying allegations | |
| 445 | + | 18 and incidents in a given year in the school district, charter | |
| 446 | + | 19 school, or non-public, non-sectarian elementary or secondary | |
| 447 | + | 20 school to the requesting parent or legal guardian. The State | |
| 448 | + | 21 Board of Education shall adopt rules regarding (i) the | |
| 449 | + | 22 handling of such data, (ii) maintaining the privacy of the | |
| 450 | + | 23 students and families involved, and (iii) best practices for | |
| 451 | + | 24 sharing numerical data with parents and legal guardians. | |
| 452 | + | 25 (h) By January 1, 2024, the State Board of Education shall | |
| 453 | + | 26 post on its Internet website a template for a model bullying | |
| 454 | + | ||
| 455 | + | ||
| 456 | + | ||
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| 463 | + | HB3425 Enrolled - 14 - LRB103 29456 RJT 55848 b | |
| 464 | + | 1 prevention policy. | |
| 465 | + | 2 (i) The Illinois Bullying and Cyberbullying Prevention | |
| 466 | + | 3 Fund is created as a special fund in the State treasury. Any | |
| 467 | + | 4 moneys appropriated to the Fund may be used, subject to | |
| 468 | + | 5 appropriation, by the State Board of Education for the | |
| 469 | + | 6 purposes of subsection (j). | |
| 470 | + | 7 (j) Subject to appropriation, the State Superintendent of | |
| 471 | + | 8 Education may provide a grant to a school district, charter | |
| 472 | + | 9 school, or non-public, non-sectarian elementary or secondary | |
| 473 | + | 10 school to support its anti-bullying programming. Grants may be | |
| 474 | + | 11 awarded from the Illinois Bullying and Cyberbullying | |
| 475 | + | 12 Prevention Fund. School districts, charter schools, and | |
| 476 | + | 13 non-public, non-sectarian elementary or secondary schools that | |
| 477 | + | 14 are not in compliance with subsection (f) are not eligible to | |
| 478 | + | 15 receive a grant from the Illinois Bullying and Cyberbullying | |
| 479 | + | 16 Prevention Fund. | |
| 480 | + | 17 (Source: P.A. 102-197, eff. 7-30-21; 102-241, eff. 8-3-21; | |
| 481 | + | 18 102-813, eff. 5-13-22; 102-894, eff. 5-20-22.) | |
| 482 | + | ||
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