IL
Illinois House Bill HB5184

Illinois 2023-2024 Regular Session

Illinois House Bill HB5184 Compare Versions

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1+103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5184 Introduced , by Rep. Christopher "C.D." Davidsmeyer SYNOPSIS AS INTRODUCED: 105 ILCS 5/27-23.7 Amends the Courses of Study Article of the School Code. In provisions concerning bullying prevention, provides that "policy on bullying" means a bullying prevention policy that is age and developmentally appropriate. Effective July 1, 2024. LRB103 37819 RJT 67949 b STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5184 Introduced , by Rep. Christopher "C.D." Davidsmeyer 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. In provisions concerning bullying prevention, provides that "policy on bullying" means a bullying prevention policy that is age and developmentally appropriate. Effective July 1, 2024. LRB103 37819 RJT 67949 b LRB103 37819 RJT 67949 b STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY A BILL FOR
2+103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5184 Introduced , by Rep. Christopher "C.D." Davidsmeyer SYNOPSIS AS INTRODUCED:
3+105 ILCS 5/27-23.7 105 ILCS 5/27-23.7
4+105 ILCS 5/27-23.7
5+Amends the Courses of Study Article of the School Code. In provisions concerning bullying prevention, provides that "policy on bullying" means a bullying prevention policy that is age and developmentally appropriate. Effective July 1, 2024.
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8+STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY
9+ STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY
10+A BILL FOR
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313 1 AN ACT concerning education.
414 2 Be it enacted by the People of the State of Illinois,
515 3 represented in the General Assembly:
616 4 Section 5. The School Code is amended by changing Section
717 5 27-23.7 as follows:
818 6 (105 ILCS 5/27-23.7)
919 7 Sec. 27-23.7. Bullying prevention.
1020 8 (a) The General Assembly finds that a safe and civil
1121 9 school environment is necessary for students to learn and
1222 10 achieve and that bullying causes physical, psychological, and
1323 11 emotional harm to students and interferes with students'
1424 12 ability to learn and participate in school activities. The
1525 13 General Assembly further finds that bullying has been linked
1626 14 to other forms of antisocial behavior, such as vandalism,
1727 15 shoplifting, skipping and dropping out of school, fighting,
1828 16 using drugs and alcohol, sexual harassment, and sexual
1929 17 violence. Because of the negative outcomes associated with
2030 18 bullying in schools, the General Assembly finds that school
2131 19 districts, charter schools, and non-public, non-sectarian
2232 20 elementary and secondary schools should educate students,
2333 21 parents, and school district, charter school, or non-public,
2434 22 non-sectarian elementary or secondary school personnel about
2535 23 what behaviors constitute prohibited bullying.
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39+103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5184 Introduced , by Rep. Christopher "C.D." Davidsmeyer SYNOPSIS AS INTRODUCED:
40+105 ILCS 5/27-23.7 105 ILCS 5/27-23.7
41+105 ILCS 5/27-23.7
42+Amends the Courses of Study Article of the School Code. In provisions concerning bullying prevention, provides that "policy on bullying" means a bullying prevention policy that is age and developmentally appropriate. Effective July 1, 2024.
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45+STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY
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47+A BILL FOR
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3476 1 Bullying on the basis of actual or perceived race, color,
3577 2 religion, sex, national origin, ancestry, physical appearance,
3678 3 socioeconomic status, academic status, pregnancy, parenting
3779 4 status, homelessness, age, marital status, physical or mental
3880 5 disability, military status, sexual orientation,
3981 6 gender-related identity or expression, unfavorable discharge
4082 7 from military service, association with a person or group with
4183 8 one or more of the aforementioned actual or perceived
4284 9 characteristics, or any other distinguishing characteristic is
4385 10 prohibited in all school districts, charter schools, and
4486 11 non-public, non-sectarian elementary and secondary schools. No
4587 12 student shall be subjected to bullying:
4688 13 (1) during any school-sponsored education program or
4789 14 activity;
4890 15 (2) while in school, on school property, on school
4991 16 buses or other school vehicles, at designated school bus
5092 17 stops waiting for the school bus, or at school-sponsored
5193 18 or school-sanctioned events or activities;
5294 19 (3) through the transmission of information from a
5395 20 school computer, a school computer network, or other
5496 21 similar electronic school equipment; or
5597 22 (4) through the transmission of information from a
5698 23 computer that is accessed at a nonschool-related location,
5799 24 activity, function, or program or from the use of
58100 25 technology or an electronic device that is not owned,
59101 26 leased, or used by a school district or school if the
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70112 1 bullying causes a substantial disruption to the
71113 2 educational process or orderly operation of a school. This
72114 3 item (4) applies only in cases in which a school
73115 4 administrator or teacher receives a report that bullying
74116 5 through this means has occurred and does not require a
75117 6 district or school to staff or monitor any
76118 7 nonschool-related activity, function, or program.
77119 8 (a-5) Nothing in this Section is intended to infringe upon
78120 9 any right to exercise free expression or the free exercise of
79121 10 religion or religiously based views protected under the First
80122 11 Amendment to the United States Constitution or under Section 3
81123 12 of Article I of the Illinois Constitution.
82124 13 (b) In this Section:
83125 14 "Age and developmentally appropriate" means being suitable
84126 15 to a particular age or age group of children and adolescents,
85127 16 based on the developing cognitive, emotional, and behavioral
86128 17 capacity typical for the age or age group.
87129 18 "Bullying" includes "cyber-bullying" and means any severe
88130 19 or pervasive physical or verbal act or conduct, including
89131 20 communications made in writing or electronically, directed
90132 21 toward a student or students that has or can be reasonably
91133 22 predicted to have the effect of one or more of the following:
92134 23 (1) placing the student or students in reasonable fear
93135 24 of harm to the student's or students' person or property;
94136 25 (2) causing a substantially detrimental effect on the
95137 26 student's or students' physical or mental health;
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106148 1 (3) substantially interfering with the student's or
107149 2 students' academic performance; or
108150 3 (4) substantially interfering with the student's or
109151 4 students' ability to participate in or benefit from the
110152 5 services, activities, or privileges provided by a school.
111153 6 Bullying, as defined in this subsection (b), may take
112154 7 various forms, including without limitation one or more of the
113155 8 following: harassment, threats, intimidation, stalking,
114156 9 physical violence, sexual harassment, sexual violence, theft,
115157 10 public humiliation, destruction of property, or retaliation
116158 11 for asserting or alleging an act of bullying. This list is
117159 12 meant to be illustrative and non-exhaustive.
118160 13 "Cyber-bullying" means bullying through the use of
119161 14 technology or any electronic communication, including without
120162 15 limitation any transfer of signs, signals, writing, images,
121163 16 sounds, data, or intelligence of any nature transmitted in
122164 17 whole or in part by a wire, radio, electromagnetic system,
123165 18 photoelectronic system, or photooptical system, including
124166 19 without limitation electronic mail, Internet communications,
125167 20 instant messages, or facsimile communications.
126168 21 "Cyber-bullying" includes the creation of a webpage or weblog
127169 22 in which the creator assumes the identity of another person or
128170 23 the knowing impersonation of another person as the author of
129171 24 posted content or messages if the creation or impersonation
130172 25 creates any of the effects enumerated in the definition of
131173 26 bullying in this Section. "Cyber-bullying" also includes the
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142184 1 distribution by electronic means of a communication to more
143185 2 than one person or the posting of material on an electronic
144186 3 medium that may be accessed by one or more persons if the
145187 4 distribution or posting creates any of the effects enumerated
146188 5 in the definition of bullying in this Section.
147189 6 "Policy on bullying" means a bullying prevention policy
148190 7 that meets the following criteria:
149191 8 (1) Includes the bullying definition provided in this
150192 9 Section.
151193 10 (2) Includes a statement that bullying is contrary to
152194 11 State law and the policy of the school district, charter
153195 12 school, or non-public, non-sectarian elementary or
154196 13 secondary school and is consistent with subsection (a-5)
155197 14 of this Section.
156198 15 (3) Includes procedures for promptly reporting
157199 16 bullying, including, but not limited to, identifying and
158200 17 providing the school e-mail address (if applicable) and
159201 18 school telephone number for the staff person or persons
160202 19 responsible for receiving such reports and a procedure for
161203 20 anonymous reporting; however, this shall not be construed
162204 21 to permit formal disciplinary action solely on the basis
163205 22 of an anonymous report.
164206 23 (4) Consistent with federal and State laws and rules
165207 24 governing student privacy rights, includes procedures for
166208 25 informing parents or guardians of all students involved in
167209 26 the alleged incident of bullying within 24 hours after the
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178220 1 school's administration is made aware of the students'
179221 2 involvement in the incident and discussing, as
180222 3 appropriate, the availability of social work services,
181223 4 counseling, school psychological services, other
182224 5 interventions, and restorative measures. The school shall
183225 6 make diligent efforts to notify a parent or legal
184226 7 guardian, utilizing all contact information the school has
185227 8 available or that can be reasonably obtained by the school
186228 9 within the 24-hour period.
187229 10 (5) Contains procedures for promptly investigating and
188230 11 addressing reports of bullying, including the following:
189231 12 (A) Making all reasonable efforts to complete the
190232 13 investigation within 10 school days after the date the
191233 14 report of the incident of bullying was received and
192234 15 taking into consideration additional relevant
193235 16 information received during the course of the
194236 17 investigation about the reported incident of bullying.
195237 18 (B) Involving appropriate school support personnel
196238 19 and other staff persons with knowledge, experience,
197239 20 and training on bullying prevention, as deemed
198240 21 appropriate, in the investigation process.
199241 22 (C) Notifying the principal or school
200242 23 administrator or his or her designee of the report of
201243 24 the incident of bullying as soon as possible after the
202244 25 report is received.
203245 26 (D) Consistent with federal and State laws and
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214256 1 rules governing student privacy rights, providing
215257 2 parents and guardians of the students who are parties
216258 3 to the investigation information about the
217259 4 investigation and an opportunity to meet with the
218260 5 principal or school administrator or his or her
219261 6 designee to discuss the investigation, the findings of
220262 7 the investigation, and the actions taken to address
221263 8 the reported incident of bullying.
222264 9 (6) Includes the interventions that can be taken to
223265 10 address bullying, which may include, but are not limited
224266 11 to, school social work services, restorative measures,
225267 12 social-emotional skill building, counseling, school
226268 13 psychological services, and community-based services.
227269 14 (7) Includes a statement prohibiting reprisal or
228270 15 retaliation against any person who reports an act of
229271 16 bullying and the consequences and appropriate remedial
230272 17 actions for a person who engages in reprisal or
231273 18 retaliation.
232274 19 (8) Includes consequences and appropriate remedial
233275 20 actions for a person found to have falsely accused another
234276 21 of bullying as a means of retaliation or as a means of
235277 22 bullying.
236278 23 (9) Is based on the engagement of a range of school
237279 24 stakeholders, including students and parents or guardians.
238280 25 (10) Is posted on the school district's, charter
239281 26 school's, or non-public, non-sectarian elementary or
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250292 1 secondary school's existing, publicly accessible Internet
251293 2 website, is included in the student handbook, and, where
252294 3 applicable, posted where other policies, rules, and
253295 4 standards of conduct are currently posted in the school
254296 5 and provided periodically throughout the school year to
255297 6 students and faculty, and is distributed annually to
256298 7 parents, guardians, students, and school personnel,
257299 8 including new employees when hired.
258300 9 (11) As part of the process of reviewing and
259301 10 re-evaluating the policy under subsection (d) of this
260302 11 Section, contains a policy evaluation process to assess
261303 12 the outcomes and effectiveness of the policy that
262304 13 includes, but is not limited to, factors such as the
263305 14 frequency of victimization; student, staff, and family
264306 15 observations of safety at a school; identification of
265307 16 areas of a school where bullying occurs; the types of
266308 17 bullying utilized; and bystander intervention or
267309 18 participation. The school district, charter school, or
268310 19 non-public, non-sectarian elementary or secondary school
269311 20 may use relevant data and information it already collects
270312 21 for other purposes in the policy evaluation. The
271313 22 information developed as a result of the policy evaluation
272314 23 must be made available on the Internet website of the
273315 24 school district, charter school, or non-public,
274316 25 non-sectarian elementary or secondary school. If an
275317 26 Internet website is not available, the information must be
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286328 1 provided to school administrators, school board members,
287329 2 school personnel, parents, guardians, and students.
288330 3 (12) Is consistent with the policies of the school
289331 4 board, charter school, or non-public, non-sectarian
290332 5 elementary or secondary school.
291333 6 (13) Requires all individual instances of bullying, as
292334 7 well as all threats, suggestions, or instances of
293335 8 self-harm determined to be the result of bullying, to be
294336 9 reported to the parents or legal guardians of those
295337 10 involved under the guidelines provided in paragraph (4) of
296338 11 this definition.
297339 12 (14) Is age and developmentally appropriate.
298340 13 "Restorative measures" means a continuum of school-based
299341 14 alternatives to exclusionary discipline, such as suspensions
300342 15 and expulsions, that: (i) are adapted to the particular needs
301343 16 of the school and community, (ii) contribute to maintaining
302344 17 school safety, (iii) protect the integrity of a positive and
303345 18 productive learning climate, (iv) teach students the personal
304346 19 and interpersonal skills they will need to be successful in
305347 20 school and society, (v) serve to build and restore
306348 21 relationships among students, families, schools, and
307349 22 communities, (vi) reduce the likelihood of future disruption
308350 23 by balancing accountability with an understanding of students'
309351 24 behavioral health needs in order to keep students in school,
310352 25 and (vii) increase student accountability if the incident of
311353 26 bullying is based on religion, race, ethnicity, or any other
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322364 1 category that is identified in the Illinois Human Rights Act.
323365 2 "School personnel" means persons employed by, on contract
324366 3 with, or who volunteer in a school district, charter school,
325367 4 or non-public, non-sectarian elementary or secondary school,
326368 5 including without limitation school and school district
327369 6 administrators, teachers, school social workers, school
328370 7 counselors, school psychologists, school nurses, cafeteria
329371 8 workers, custodians, bus drivers, school resource officers,
330372 9 and security guards.
331373 10 (c) (Blank).
332374 11 (d) Each school district, charter school, and non-public,
333375 12 non-sectarian elementary or secondary school shall create,
334376 13 maintain, and implement a policy on bullying, which policy
335377 14 must be filed with the State Board of Education. The policy on
336378 15 bullying shall be based on the State Board of Education's
337379 16 template for a model bullying prevention policy under
338380 17 subsection (h) and shall include the criteria set forth in the
339381 18 definition of "policy on bullying". The policy or implementing
340382 19 procedure shall include a process to investigate whether a
341383 20 reported act of bullying is within the permissible scope of
342384 21 the district's or school's jurisdiction and shall require that
343385 22 the district or school provide the victim with information
344386 23 regarding services that are available within the district and
345387 24 community, such as counseling, support services, and other
346388 25 programs. School personnel available for help with a bully or
347389 26 to make a report about bullying shall be made known to parents
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358400 1 or legal guardians, students, and school personnel. Every 2
359401 2 years, each school district, charter school, and non-public,
360402 3 non-sectarian elementary or secondary school shall conduct a
361403 4 review and re-evaluation of its policy and make any necessary
362404 5 and appropriate revisions. No later than September 30 of the
363405 6 subject year, the policy must be filed with the State Board of
364406 7 Education after being updated. The State Board of Education
365407 8 shall monitor and provide technical support for the
366408 9 implementation of policies created under this subsection (d).
367409 10 In monitoring the implementation of the policies, the State
368410 11 Board of Education shall review each filed policy on bullying
369411 12 to ensure all policies meet the requirements set forth in this
370412 13 Section, including ensuring that each policy meets the 12
371413 14 criterion identified within the definition of "policy on
372414 15 bullying" set forth in this Section.
373415 16 If a school district, charter school, or non-public,
374416 17 non-sectarian elementary or secondary school fails to file a
375417 18 policy on bullying by September 30 of the subject year, the
376418 19 State Board of Education shall provide a written request for
377419 20 filing to the school district, charter school, or non-public,
378420 21 non-sectarian elementary or secondary school. If a school
379421 22 district, charter school, or non-public, non-sectarian
380422 23 elementary or secondary school fails to file a policy on
381423 24 bullying within 14 days of receipt of the aforementioned
382424 25 written request, the State Board of Education shall publish
383425 26 notice of the non-compliance on the State Board of Education's
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394436 1 website.
395437 2 Each school district, charter school, and non-public,
396438 3 non-sectarian elementary or secondary school may provide
397439 4 evidence-based professional development and youth programming
398440 5 on bullying prevention that is consistent with the provisions
399441 6 of this Section.
400442 7 (e) This Section shall not be interpreted to prevent a
401443 8 victim from seeking redress under any other available civil or
402444 9 criminal law.
403445 10 (f) School districts, charter schools, and non-public,
404446 11 non-sectarian elementary and secondary schools shall collect,
405447 12 maintain, and submit to the State Board of Education
406448 13 non-identifiable data regarding verified allegations of
407449 14 bullying within the school district, charter school, or
408450 15 non-public, non-sectarian elementary or secondary school.
409451 16 School districts, charter schools, and non-public,
410452 17 non-sectarian elementary and secondary schools must submit
411453 18 such data in an annual report due to the State Board of
412454 19 Education no later than August 15 of each year starting with
413455 20 the 2024-2025 school year through the 2030-2031 school year.
414456 21 The State Board of Education shall adopt rules for the
415457 22 submission of data that includes, but is not limited to: (i) a
416458 23 record of each verified allegation of bullying and action
417459 24 taken; and (ii) whether the instance of bullying was based on
418460 25 actual or perceived characteristics identified in subsection
419461 26 (a) and, if so, lists the relevant characteristics. The rules
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430472 1 for the submission of data shall be consistent with federal
431473 2 and State laws and rules governing student privacy rights,
432474 3 including, but not limited to, the federal Family Educational
433475 4 Rights and Privacy Act of 1974 and the Illinois School Student
434476 5 Records Act, which shall include, without limitation, a record
435477 6 of each complaint and action taken. The State Board of
436478 7 Education shall adopt rules regarding the notification of
437479 8 school districts, charter schools, and non-public,
438480 9 non-sectarian elementary and secondary schools that fail to
439481 10 comply with the requirements of this subsection.
440482 11 (g) Upon the request of a parent or legal guardian of a
441483 12 child enrolled in a school district, charter school, or
442484 13 non-public, non-sectarian elementary or secondary school
443485 14 within this State, the State Board of Education must provide
444486 15 non-identifiable data on the number of bullying allegations
445487 16 and incidents in a given year in the school district, charter
446488 17 school, or non-public, non-sectarian elementary or secondary
447489 18 school to the requesting parent or legal guardian. The State
448490 19 Board of Education shall adopt rules regarding (i) the
449491 20 handling of such data, (ii) maintaining the privacy of the
450492 21 students and families involved, and (iii) best practices for
451493 22 sharing numerical data with parents and legal guardians.
452494 23 (h) By January 1, 2024, the State Board of Education shall
453495 24 post on its Internet website a template for a model bullying
454496 25 prevention policy.
455497 26 (i) The Illinois Bullying and Cyberbullying Prevention
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466508 1 Fund is created as a special fund in the State treasury. Any
467509 2 moneys appropriated to the Fund may be used, subject to
468510 3 appropriation, by the State Board of Education for the
469511 4 purposes of subsection (j).
470512 5 (j) Subject to appropriation, the State Superintendent of
471513 6 Education may provide a grant to a school district, charter
472514 7 school, or non-public, non-sectarian elementary or secondary
473515 8 school to support its anti-bullying programming. Grants may be
474516 9 awarded from the Illinois Bullying and Cyberbullying
475517 10 Prevention Fund. School districts, charter schools, and
476518 11 non-public, non-sectarian elementary or secondary schools that
477519 12 are not in compliance with subsection (f) are not eligible to
478520 13 receive a grant from the Illinois Bullying and Cyberbullying
479521 14 Prevention Fund.
480522 15 (Source: P.A. 102-197, eff. 7-30-21; 102-241, eff. 8-3-21;
481523 16 102-813, eff. 5-13-22; 102-894, eff. 5-20-22; 103-47, eff.
482524 17 6-9-23.)
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