Illinois 2023-2024 Regular Session

Illinois House Bill HB4133 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4133 Introduced , by Rep. Margaret Croke SYNOPSIS AS INTRODUCED: 105 ILCS 5/27-23.7 Amends the Courses of Study Article of the School Code. Provides that the provisions concerning bullying prevention apply to nonpublic, sectarian schools. LRB103 32927 RJT 62731 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4133 Introduced , by Rep. Margaret Croke SYNOPSIS AS INTRODUCED: 105 ILCS 5/27-23.7 105 ILCS 5/27-23.7 Amends the Courses of Study Article of the School Code. Provides that the provisions concerning bullying prevention apply to nonpublic, sectarian schools. LRB103 32927 RJT 62731 b LRB103 32927 RJT 62731 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4133 Introduced , by Rep. Margaret Croke SYNOPSIS AS INTRODUCED:
3	3	105 ILCS 5/27-23.7 105 ILCS 5/27-23.7
4	4	105 ILCS 5/27-23.7
5	5	Amends the Courses of Study Article of the School Code. Provides that the provisions concerning bullying prevention apply to nonpublic, sectarian schools.
6	6	LRB103 32927 RJT 62731 b LRB103 32927 RJT 62731 b
7	7	LRB103 32927 RJT 62731 b
8	8	A BILL FOR
9	9	HB4133LRB103 32927 RJT 62731 b HB4133 LRB103 32927 RJT 62731 b
10	10	HB4133 LRB103 32927 RJT 62731 b
11	11	1 AN ACT concerning education.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 5. The School Code is amended by changing Section
15	15	5 27-23.7 as follows:
16	16	6 (105 ILCS 5/27-23.7)
17	17	7 Sec. 27-23.7. Bullying prevention.
18	18	8 (a) The General Assembly finds that a safe and civil
19	19	9 school environment is necessary for students to learn and
20	20	10 achieve and that bullying causes physical, psychological, and
21	21	11 emotional harm to students and interferes with students'
22	22	12 ability to learn and participate in school activities. The
23	23	13 General Assembly further finds that bullying has been linked
24	24	14 to other forms of antisocial behavior, such as vandalism,
25	25	15 shoplifting, skipping and dropping out of school, fighting,
26	26	16 using drugs and alcohol, sexual harassment, and sexual
27	27	17 violence. Because of the negative outcomes associated with
28	28	18 bullying in schools, the General Assembly finds that school
29	29	19 districts, charter schools, and non-public, non-sectarian
30	30	20 elementary and secondary schools should educate students,
31	31	21 parents, and school district, charter school, or non-public,
32	32	22 non-sectarian elementary or secondary school personnel about
33	33	23 what behaviors constitute prohibited bullying.
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37	37	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4133 Introduced , by Rep. Margaret Croke SYNOPSIS AS INTRODUCED:
38	38	105 ILCS 5/27-23.7 105 ILCS 5/27-23.7
39	39	105 ILCS 5/27-23.7
40	40	Amends the Courses of Study Article of the School Code. Provides that the provisions concerning bullying prevention apply to nonpublic, sectarian schools.
41	41	LRB103 32927 RJT 62731 b LRB103 32927 RJT 62731 b
42	42	LRB103 32927 RJT 62731 b
43	43	A BILL FOR
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68	68	1 Bullying on the basis of actual or perceived race, color,
69	69	2 religion, sex, national origin, ancestry, physical appearance,
70	70	3 socioeconomic status, academic status, pregnancy, parenting
71	71	4 status, homelessness, age, marital status, physical or mental
72	72	5 disability, military status, sexual orientation,
73	73	6 gender-related identity or expression, unfavorable discharge
74	74	7 from military service, association with a person or group with
75	75	8 one or more of the aforementioned actual or perceived
76	76	9 characteristics, or any other distinguishing characteristic is
77	77	10 prohibited in all school districts, charter schools, and
78	78	11 non-public, non-sectarian elementary and secondary schools. No
79	79	12 student shall be subjected to bullying:
80	80	13 (1) during any school-sponsored education program or
81	81	14 activity;
82	82	15 (2) while in school, on school property, on school
83	83	16 buses or other school vehicles, at designated school bus
84	84	17 stops waiting for the school bus, or at school-sponsored
85	85	18 or school-sanctioned events or activities;
86	86	19 (3) through the transmission of information from a
87	87	20 school computer, a school computer network, or other
88	88	21 similar electronic school equipment; or
89	89	22 (4) through the transmission of information from a
90	90	23 computer that is accessed at a nonschool-related location,
91	91	24 activity, function, or program or from the use of
92	92	25 technology or an electronic device that is not owned,
93	93	26 leased, or used by a school district or school if the
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104	104	1 bullying causes a substantial disruption to the
105	105	2 educational process or orderly operation of a school. This
106	106	3 item (4) applies only in cases in which a school
107	107	4 administrator or teacher receives a report that bullying
108	108	5 through this means has occurred and does not require a
109	109	6 district or school to staff or monitor any
110	110	7 nonschool-related activity, function, or program.
111	111	8 (a-5) Nothing in this Section is intended to infringe upon
112	112	9 any right to exercise free expression or the free exercise of
113	113	10 religion or religiously based views protected under the First
114	114	11 Amendment to the United States Constitution or under Section 3
115	115	12 of Article I of the Illinois Constitution.
116	116	13 (b) In this Section:
117	117	14 "Bullying" includes "cyber-bullying" and means any severe
118	118	15 or pervasive physical or verbal act or conduct, including
119	119	16 communications made in writing or electronically, directed
120	120	17 toward a student or students that has or can be reasonably
121	121	18 predicted to have the effect of one or more of the following:
122	122	19 (1) placing the student or students in reasonable fear
123	123	20 of harm to the student's or students' person or property;
124	124	21 (2) causing a substantially detrimental effect on the
125	125	22 student's or students' physical or mental health;
126	126	23 (3) substantially interfering with the student's or
127	127	24 students' academic performance; or
128	128	25 (4) substantially interfering with the student's or
129	129	26 students' ability to participate in or benefit from the
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140	140	1 services, activities, or privileges provided by a school.
141	141	2 Bullying, as defined in this subsection (b), may take
142	142	3 various forms, including without limitation one or more of the
143	143	4 following: harassment, threats, intimidation, stalking,
144	144	5 physical violence, sexual harassment, sexual violence, theft,
145	145	6 public humiliation, destruction of property, or retaliation
146	146	7 for asserting or alleging an act of bullying. This list is
147	147	8 meant to be illustrative and non-exhaustive.
148	148	9 "Cyber-bullying" means bullying through the use of
149	149	10 technology or any electronic communication, including without
150	150	11 limitation any transfer of signs, signals, writing, images,
151	151	12 sounds, data, or intelligence of any nature transmitted in
152	152	13 whole or in part by a wire, radio, electromagnetic system,
153	153	14 photoelectronic system, or photooptical system, including
154	154	15 without limitation electronic mail, Internet communications,
155	155	16 instant messages, or facsimile communications.
156	156	17 "Cyber-bullying" includes the creation of a webpage or weblog
157	157	18 in which the creator assumes the identity of another person or
158	158	19 the knowing impersonation of another person as the author of
159	159	20 posted content or messages if the creation or impersonation
160	160	21 creates any of the effects enumerated in the definition of
161	161	22 bullying in this Section. "Cyber-bullying" also includes the
162	162	23 distribution by electronic means of a communication to more
163	163	24 than one person or the posting of material on an electronic
164	164	25 medium that may be accessed by one or more persons if the
165	165	26 distribution or posting creates any of the effects enumerated
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176	176	1 in the definition of bullying in this Section.
177	177	2 "Non-public school" means a non-public elementary or
178	178	3 secondary school, whether sectarian or nonsectarian.
179	179	4 "Policy on bullying" means a bullying prevention policy
180	180	5 that meets the following criteria:
181	181	6 (1) Includes the bullying definition provided in this
182	182	7 Section.
183	183	8 (2) Includes a statement that bullying is contrary to
184	184	9 State law and the policy of the school district, charter
185	185	10 school, or non-public, non-sectarian elementary or
186	186	11 secondary school and is consistent with subsection (a-5)
187	187	12 of this Section.
188	188	13 (3) Includes procedures for promptly reporting
189	189	14 bullying, including, but not limited to, identifying and
190	190	15 providing the school e-mail address (if applicable) and
191	191	16 school telephone number for the staff person or persons
192	192	17 responsible for receiving such reports and a procedure for
193	193	18 anonymous reporting; however, this shall not be construed
194	194	19 to permit formal disciplinary action solely on the basis
195	195	20 of an anonymous report.
196	196	21 (4) Consistent with federal and State laws and rules
197	197	22 governing student privacy rights, includes procedures for
198	198	23 informing parents or guardians of all students involved in
199	199	24 the alleged incident of bullying within 24 hours after the
200	200	25 school's administration is made aware of the students'
201	201	26 involvement in the incident and discussing, as
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212	212	1 appropriate, the availability of social work services,
213	213	2 counseling, school psychological services, other
214	214	3 interventions, and restorative measures. The school shall
215	215	4 make diligent efforts to notify a parent or legal
216	216	5 guardian, utilizing all contact information the school has
217	217	6 available or that can be reasonably obtained by the school
218	218	7 within the 24-hour period.
219	219	8 (5) Contains procedures for promptly investigating and
220	220	9 addressing reports of bullying, including the following:
221	221	10 (A) Making all reasonable efforts to complete the
222	222	11 investigation within 10 school days after the date the
223	223	12 report of the incident of bullying was received and
224	224	13 taking into consideration additional relevant
225	225	14 information received during the course of the
226	226	15 investigation about the reported incident of bullying.
227	227	16 (B) Involving appropriate school support personnel
228	228	17 and other staff persons with knowledge, experience,
229	229	18 and training on bullying prevention, as deemed
230	230	19 appropriate, in the investigation process.
231	231	20 (C) Notifying the principal or school
232	232	21 administrator or his or her designee of the report of
233	233	22 the incident of bullying as soon as possible after the
234	234	23 report is received.
235	235	24 (D) Consistent with federal and State laws and
236	236	25 rules governing student privacy rights, providing
237	237	26 parents and guardians of the students who are parties
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248	248	1 to the investigation information about the
249	249	2 investigation and an opportunity to meet with the
250	250	3 principal or school administrator or his or her
251	251	4 designee to discuss the investigation, the findings of
252	252	5 the investigation, and the actions taken to address
253	253	6 the reported incident of bullying.
254	254	7 (6) Includes the interventions that can be taken to
255	255	8 address bullying, which may include, but are not limited
256	256	9 to, school social work services, restorative measures,
257	257	10 social-emotional skill building, counseling, school
258	258	11 psychological services, and community-based services.
259	259	12 (7) Includes a statement prohibiting reprisal or
260	260	13 retaliation against any person who reports an act of
261	261	14 bullying and the consequences and appropriate remedial
262	262	15 actions for a person who engages in reprisal or
263	263	16 retaliation.
264	264	17 (8) Includes consequences and appropriate remedial
265	265	18 actions for a person found to have falsely accused another
266	266	19 of bullying as a means of retaliation or as a means of
267	267	20 bullying.
268	268	21 (9) Is based on the engagement of a range of school
269	269	22 stakeholders, including students and parents or guardians.
270	270	23 (10) Is posted on the school district's, charter
271	271	24 school's, or non-public, non-sectarian elementary or
272	272	25 secondary school's existing, publicly accessible Internet
273	273	26 website, is included in the student handbook, and, where
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284	284	1 applicable, posted where other policies, rules, and
285	285	2 standards of conduct are currently posted in the school
286	286	3 and provided periodically throughout the school year to
287	287	4 students and faculty, and is distributed annually to
288	288	5 parents, guardians, students, and school personnel,
289	289	6 including new employees when hired.
290	290	7 (11) As part of the process of reviewing and
291	291	8 re-evaluating the policy under subsection (d) of this
292	292	9 Section, contains a policy evaluation process to assess
293	293	10 the outcomes and effectiveness of the policy that
294	294	11 includes, but is not limited to, factors such as the
295	295	12 frequency of victimization; student, staff, and family
296	296	13 observations of safety at a school; identification of
297	297	14 areas of a school where bullying occurs; the types of
298	298	15 bullying utilized; and bystander intervention or
299	299	16 participation. The school district, charter school, or
300	300	17 non-public, non-sectarian elementary or secondary school
301	301	18 may use relevant data and information it already collects
302	302	19 for other purposes in the policy evaluation. The
303	303	20 information developed as a result of the policy evaluation
304	304	21 must be made available on the Internet website of the
305	305	22 school district, charter school, or non-public,
306	306	23 non-sectarian elementary or secondary school. If an
307	307	24 Internet website is not available, the information must be
308	308	25 provided to school administrators, school board members,
309	309	26 school personnel, parents, guardians, and students.
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320	320	1 (12) Is consistent with the policies of the school
321	321	2 board, charter school, or non-public, non-sectarian
322	322	3 elementary or secondary school.
323	323	4 (13) Requires all individual instances of bullying, as
324	324	5 well as all threats, suggestions, or instances of
325	325	6 self-harm determined to be the result of bullying, to be
326	326	7 reported to the parents or legal guardians of those
327	327	8 involved under the guidelines provided in paragraph (4) of
328	328	9 this definition.
329	329	10 "Restorative measures" means a continuum of school-based
330	330	11 alternatives to exclusionary discipline, such as suspensions
331	331	12 and expulsions, that: (i) are adapted to the particular needs
332	332	13 of the school and community, (ii) contribute to maintaining
333	333	14 school safety, (iii) protect the integrity of a positive and
334	334	15 productive learning climate, (iv) teach students the personal
335	335	16 and interpersonal skills they will need to be successful in
336	336	17 school and society, (v) serve to build and restore
337	337	18 relationships among students, families, schools, and
338	338	19 communities, (vi) reduce the likelihood of future disruption
339	339	20 by balancing accountability with an understanding of students'
340	340	21 behavioral health needs in order to keep students in school,
341	341	22 and (vii) increase student accountability if the incident of
342	342	23 bullying is based on religion, race, ethnicity, or any other
343	343	24 category that is identified in the Illinois Human Rights Act.
344	344	25 "School personnel" means persons employed by, on contract
345	345	26 with, or who volunteer in a school district, charter school,
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356	356	1 or non-public, non-sectarian elementary or secondary school,
357	357	2 including without limitation school and school district
358	358	3 administrators, teachers, school social workers, school
359	359	4 counselors, school psychologists, school nurses, cafeteria
360	360	5 workers, custodians, bus drivers, school resource officers,
361	361	6 and security guards.
362	362	7 (c) (Blank).
363	363	8 (d) Each school district, charter school, and non-public,
364	364	9 non-sectarian elementary or secondary school shall create,
365	365	10 maintain, and implement a policy on bullying, which policy
366	366	11 must be filed with the State Board of Education. The policy on
367	367	12 bullying shall be based on the State Board of Education's
368	368	13 template for a model bullying prevention policy under
369	369	14 subsection (h) and shall include the criteria set forth in the
370	370	15 definition of "policy on bullying". The policy or implementing
371	371	16 procedure shall include a process to investigate whether a
372	372	17 reported act of bullying is within the permissible scope of
373	373	18 the district's or school's jurisdiction and shall require that
374	374	19 the district or school provide the victim with information
375	375	20 regarding services that are available within the district and
376	376	21 community, such as counseling, support services, and other
377	377	22 programs. School personnel available for help with a bully or
378	378	23 to make a report about bullying shall be made known to parents
379	379	24 or legal guardians, students, and school personnel. Every 2
380	380	25 years, each school district, charter school, and non-public,
381	381	26 non-sectarian elementary or secondary school shall conduct a
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392	392	1 review and re-evaluation of its policy and make any necessary
393	393	2 and appropriate revisions. No later than September 30 of the
394	394	3 subject year, the policy must be filed with the State Board of
395	395	4 Education after being updated. The State Board of Education
396	396	5 shall monitor and provide technical support for the
397	397	6 implementation of policies created under this subsection (d).
398	398	7 In monitoring the implementation of the policies, the State
399	399	8 Board of Education shall review each filed policy on bullying
400	400	9 to ensure all policies meet the requirements set forth in this
401	401	10 Section, including ensuring that each policy meets the 12
402	402	11 criterion identified within the definition of "policy on
403	403	12 bullying" set forth in this Section.
404	404	13 If a school district, charter school, or non-public,
405	405	14 non-sectarian elementary or secondary school fails to file a
406	406	15 policy on bullying by September 30 of the subject year, the
407	407	16 State Board of Education shall provide a written request for
408	408	17 filing to the school district, charter school, or non-public,
409	409	18 non-sectarian elementary or secondary school. If a school
410	410	19 district, charter school, or non-public, non-sectarian
411	411	20 elementary or secondary school fails to file a policy on
412	412	21 bullying within 14 days of receipt of the aforementioned
413	413	22 written request, the State Board of Education shall publish
414	414	23 notice of the non-compliance on the State Board of Education's
415	415	24 website.
416	416	25 Each school district, charter school, and non-public,
417	417	26 non-sectarian elementary or secondary school may provide
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428	428	1 evidence-based professional development and youth programming
429	429	2 on bullying prevention that is consistent with the provisions
430	430	3 of this Section.
431	431	4 (e) This Section shall not be interpreted to prevent a
432	432	5 victim from seeking redress under any other available civil or
433	433	6 criminal law.
434	434	7 (f) School districts, charter schools, and non-public,
435	435	8 non-sectarian elementary and secondary schools shall collect,
436	436	9 maintain, and submit to the State Board of Education
437	437	10 non-identifiable data regarding verified allegations of
438	438	11 bullying within the school district, charter school, or
439	439	12 non-public, non-sectarian elementary or secondary school.
440	440	13 School districts, charter schools, and non-public,
441	441	14 non-sectarian elementary and secondary schools must submit
442	442	15 such data in an annual report due to the State Board of
443	443	16 Education no later than August 15 of each year starting with
444	444	17 the 2024-2025 school year through the 2030-2031 school year.
445	445	18 The State Board of Education shall adopt rules for the
446	446	19 submission of data that includes, but is not limited to: (i) a
447	447	20 record of each verified allegation of bullying and action
448	448	21 taken; and (ii) whether the instance of bullying was based on
449	449	22 actual or perceived characteristics identified in subsection
450	450	23 (a) and, if so, lists the relevant characteristics. The rules
451	451	24 for the submission of data shall be consistent with federal
452	452	25 and State laws and rules governing student privacy rights,
453	453	26 including, but not limited to, the federal Family Educational
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464	464	1 Rights and Privacy Act of 1974 and the Illinois School Student
465	465	2 Records Act, which shall include, without limitation, a record
466	466	3 of each complaint and action taken. The State Board of
467	467	4 Education shall adopt rules regarding the notification of
468	468	5 school districts, charter schools, and non-public,
469	469	6 non-sectarian elementary and secondary schools that fail to
470	470	7 comply with the requirements of this subsection.
471	471	8 (g) Upon the request of a parent or legal guardian of a
472	472	9 child enrolled in a school district, charter school, or
473	473	10 non-public, non-sectarian elementary or secondary school
474	474	11 within this State, the State Board of Education must provide
475	475	12 non-identifiable data on the number of bullying allegations
476	476	13 and incidents in a given year in the school district, charter
477	477	14 school, or non-public, non-sectarian elementary or secondary
478	478	15 school to the requesting parent or legal guardian. The State
479	479	16 Board of Education shall adopt rules regarding (i) the
480	480	17 handling of such data, (ii) maintaining the privacy of the
481	481	18 students and families involved, and (iii) best practices for
482	482	19 sharing numerical data with parents and legal guardians.
483	483	20 (h) By January 1, 2024, the State Board of Education shall
484	484	21 post on its Internet website a template for a model bullying
485	485	22 prevention policy.
486	486	23 (i) The Illinois Bullying and Cyberbullying Prevention
487	487	24 Fund is created as a special fund in the State treasury. Any
488	488	25 moneys appropriated to the Fund may be used, subject to
489	489	26 appropriation, by the State Board of Education for the
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500	500	1 purposes of subsection (j).
501	501	2 (j) Subject to appropriation, the State Superintendent of
502	502	3 Education may provide a grant to a school district, charter
503	503	4 school, or non-public, non-sectarian elementary or secondary
504	504	5 school to support its anti-bullying programming. Grants may be
505	505	6 awarded from the Illinois Bullying and Cyberbullying
506	506	7 Prevention Fund. School districts, charter schools, and
507	507	8 non-public, non-sectarian elementary or secondary schools that
508	508	9 are not in compliance with subsection (f) are not eligible to
509	509	10 receive a grant from the Illinois Bullying and Cyberbullying
510	510	11 Prevention Fund.
511	511	12 (Source: P.A. 102-197, eff. 7-30-21; 102-241, eff. 8-3-21;
512	512	13 102-813, eff. 5-13-22; 102-894, eff. 5-20-22; 103-47, eff.
513	513	14 6-9-23.)
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515	515
516	516
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518	518
519	519	HB4133 - 14 - LRB103 32927 RJT 62731 b