IL
Illinois House Bill HB5848

Illinois 2023-2024 Regular Session

Illinois House Bill HB5848 Compare Versions

Only one version of the bill is available at this time.
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11 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5848 Introduced , by Rep. Janet Yang Rohr SYNOPSIS AS INTRODUCED: 105 ILCS 5/27-23.7 Amends the Courses of Study Article of the School Code. In provisions concerning bullying and cyber-bullying, provides that, beginning with the 2025-2026 school year, the term "cyber-bullying" includes bullying through the distribution by electronic means or the posting of a digital replica of an individual who is engaged in an activity in which the depicted individual did not engage in, including, but not limited to, sexually explicit digitized depictions of the individual. Defines "artificial intelligence", "digital replica", and "generative artificial intelligence". LRB103 40699 RJT 73478 b STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5848 Introduced , by Rep. Janet Yang Rohr 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 and cyber-bullying, provides that, beginning with the 2025-2026 school year, the term "cyber-bullying" includes bullying through the distribution by electronic means or the posting of a digital replica of an individual who is engaged in an activity in which the depicted individual did not engage in, including, but not limited to, sexually explicit digitized depictions of the individual. Defines "artificial intelligence", "digital replica", and "generative artificial intelligence". LRB103 40699 RJT 73478 b LRB103 40699 RJT 73478 b STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY A BILL FOR
22 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5848 Introduced , by Rep. Janet Yang Rohr SYNOPSIS AS INTRODUCED:
33 105 ILCS 5/27-23.7 105 ILCS 5/27-23.7
44 105 ILCS 5/27-23.7
55 Amends the Courses of Study Article of the School Code. In provisions concerning bullying and cyber-bullying, provides that, beginning with the 2025-2026 school year, the term "cyber-bullying" includes bullying through the distribution by electronic means or the posting of a digital replica of an individual who is engaged in an activity in which the depicted individual did not engage in, including, but not limited to, sexually explicit digitized depictions of the individual. Defines "artificial intelligence", "digital replica", and "generative artificial intelligence".
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1313 1 AN ACT concerning education.
1414 2 Be it enacted by the People of the State of Illinois,
1515 3 represented in the General Assembly:
1616 4 Section 5. The School Code is amended by changing Section
1717 5 27-23.7 as follows:
1818 6 (105 ILCS 5/27-23.7)
1919 7 Sec. 27-23.7. Bullying prevention.
2020 8 (a) The General Assembly finds that a safe and civil
2121 9 school environment is necessary for students to learn and
2222 10 achieve and that bullying causes physical, psychological, and
2323 11 emotional harm to students and interferes with students'
2424 12 ability to learn and participate in school activities. The
2525 13 General Assembly further finds that bullying has been linked
2626 14 to other forms of antisocial behavior, such as vandalism,
2727 15 shoplifting, skipping and dropping out of school, fighting,
2828 16 using drugs and alcohol, sexual harassment, and sexual
2929 17 violence. Because of the negative outcomes associated with
3030 18 bullying in schools, the General Assembly finds that school
3131 19 districts, charter schools, and non-public, non-sectarian
3232 20 elementary and secondary schools should educate students,
3333 21 parents, and school district, charter school, or non-public,
3434 22 non-sectarian elementary or secondary school personnel about
3535 23 what behaviors constitute prohibited bullying.
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3939 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5848 Introduced , by Rep. Janet Yang Rohr SYNOPSIS AS INTRODUCED:
4040 105 ILCS 5/27-23.7 105 ILCS 5/27-23.7
4141 105 ILCS 5/27-23.7
4242 Amends the Courses of Study Article of the School Code. In provisions concerning bullying and cyber-bullying, provides that, beginning with the 2025-2026 school year, the term "cyber-bullying" includes bullying through the distribution by electronic means or the posting of a digital replica of an individual who is engaged in an activity in which the depicted individual did not engage in, including, but not limited to, sexually explicit digitized depictions of the individual. Defines "artificial intelligence", "digital replica", and "generative artificial intelligence".
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4545 STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY
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7676 1 Bullying on the basis of actual or perceived race, color,
7777 2 religion, sex, national origin, ancestry, physical appearance,
7878 3 socioeconomic status, academic status, pregnancy, parenting
7979 4 status, homelessness, age, marital status, physical or mental
8080 5 disability, military status, sexual orientation,
8181 6 gender-related identity or expression, unfavorable discharge
8282 7 from military service, association with a person or group with
8383 8 one or more of the aforementioned actual or perceived
8484 9 characteristics, or any other distinguishing characteristic is
8585 10 prohibited in all school districts, charter schools, and
8686 11 non-public, non-sectarian elementary and secondary schools. No
8787 12 student shall be subjected to bullying:
8888 13 (1) during any school-sponsored education program or
8989 14 activity;
9090 15 (2) while in school, on school property, on school
9191 16 buses or other school vehicles, at designated school bus
9292 17 stops waiting for the school bus, or at school-sponsored
9393 18 or school-sanctioned events or activities;
9494 19 (3) through the transmission of information from a
9595 20 school computer, a school computer network, or other
9696 21 similar electronic school equipment; or
9797 22 (4) through the transmission of information from a
9898 23 computer that is accessed at a nonschool-related location,
9999 24 activity, function, or program or from the use of
100100 25 technology or an electronic device that is not owned,
101101 26 leased, or used by a school district or school if the
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112112 1 bullying causes a substantial disruption to the
113113 2 educational process or orderly operation of a school. This
114114 3 item (4) applies only in cases in which a school
115115 4 administrator or teacher receives a report that bullying
116116 5 through this means has occurred and does not require a
117117 6 district or school to staff or monitor any
118118 7 nonschool-related activity, function, or program.
119119 8 (a-5) Nothing in this Section is intended to infringe upon
120120 9 any right to exercise free expression or the free exercise of
121121 10 religion or religiously based views protected under the First
122122 11 Amendment to the United States Constitution or under Section 3
123123 12 of Article I of the Illinois Constitution.
124124 13 (b) In this Section:
125125 14 "Artificial intelligence" means a machine-based system
126126 15 that, for explicit or implicit objectives, infers, from the
127127 16 input it receives, how to generate outputs, such as
128128 17 predictions, content, recommendations, or decisions, that can
129129 18 influence physical or virtual environments. "Artificial
130130 19 intelligence" also includes generative artificial
131131 20 intelligence.
132132 21 "Bullying" includes "cyber-bullying" and means any severe
133133 22 or pervasive physical or verbal act or conduct, including
134134 23 communications made in writing or electronically, directed
135135 24 toward a student or students that has or can be reasonably
136136 25 predicted to have the effect of one or more of the following:
137137 26 (1) placing the student or students in reasonable fear
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148148 1 of harm to the student's or students' person or property;
149149 2 (2) causing a substantially detrimental effect on the
150150 3 student's or students' physical or mental health;
151151 4 (3) substantially interfering with the student's or
152152 5 students' academic performance; or
153153 6 (4) substantially interfering with the student's or
154154 7 students' ability to participate in or benefit from the
155155 8 services, activities, or privileges provided by a school.
156156 9 Bullying, as defined in this subsection (b), may take
157157 10 various forms, including without limitation one or more of the
158158 11 following: harassment, threats, intimidation, stalking,
159159 12 physical violence, sexual harassment, sexual violence, theft,
160160 13 public humiliation, destruction of property, or retaliation
161161 14 for asserting or alleging an act of bullying. This list is
162162 15 meant to be illustrative and non-exhaustive.
163163 16 "Cyber-bullying" means bullying through the use of
164164 17 technology or any electronic communication, including without
165165 18 limitation any transfer of signs, signals, writing, images,
166166 19 sounds, data, or intelligence of any nature transmitted in
167167 20 whole or in part by a wire, radio, electromagnetic system,
168168 21 photoelectronic system, or photooptical system, including
169169 22 without limitation electronic mail, Internet communications,
170170 23 instant messages, or facsimile communications.
171171 24 "Cyber-bullying" includes the creation of a webpage or weblog
172172 25 in which the creator assumes the identity of another person or
173173 26 the knowing impersonation of another person as the author of
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184184 1 posted content or messages if the creation or impersonation
185185 2 creates any of the effects enumerated in the definition of
186186 3 bullying in this Section. "Cyber-bullying" also includes the
187187 4 distribution by electronic means of a communication to more
188188 5 than one person or the posting of material on an electronic
189189 6 medium that may be accessed by one or more persons if the
190190 7 distribution or posting creates any of the effects enumerated
191191 8 in the definition of bullying in this Section. Beginning with
192192 9 the 2025-2026 school year, "cyber-bullying" also includes
193193 10 bullying through the distribution by electronic means or the
194194 11 posting of a digital replica of an individual who is engaged in
195195 12 an activity in which the depicted individual did not engage
196196 13 in, including, but not limited to, sexually explicit digitized
197197 14 depictions of the individual.
198198 15 "Digital replica" means a newly created, electronic
199199 16 representation of the identity of an actual individual created
200200 17 using a computer, algorithm, software, tool, artificial
201201 18 intelligence, or other technology that is fixed in a sound
202202 19 recording or audiovisual work in which that individual did not
203203 20 actually perform or appear.
204204 21 "Generative artificial intelligence" means an automated
205205 22 computing system that, when prompted with human prompts,
206206 23 descriptions, or queries, can produce outputs that simulate
207207 24 human-produced content, including, but not limited to, the
208208 25 following:
209209 26 (1) textual outputs, such as short answers, essays,
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220220 1 poetry, or longer compositions or answers;
221221 2 (2) image outputs, such as fine art, photographs,
222222 3 conceptual art, diagrams, and other images;
223223 4 (3) multimedia outputs, such as audio or video in the
224224 5 form of compositions, songs, or short-form or long-form
225225 6 audio or video; and
226226 7 (4) any other content that would be otherwise produced
227227 8 by human means.
228228 9 "Policy on bullying" means a bullying prevention policy
229229 10 that meets the following criteria:
230230 11 (1) Includes the bullying definition provided in this
231231 12 Section.
232232 13 (2) Includes a statement that bullying is contrary to
233233 14 State law and the policy of the school district, charter
234234 15 school, or non-public, non-sectarian elementary or
235235 16 secondary school and is consistent with subsection (a-5)
236236 17 of this Section.
237237 18 (3) Includes procedures for promptly reporting
238238 19 bullying, including, but not limited to, identifying and
239239 20 providing the school e-mail address (if applicable) and
240240 21 school telephone number for the staff person or persons
241241 22 responsible for receiving such reports and a procedure for
242242 23 anonymous reporting; however, this shall not be construed
243243 24 to permit formal disciplinary action solely on the basis
244244 25 of an anonymous report.
245245 26 (4) Consistent with federal and State laws and rules
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256256 1 governing student privacy rights, includes procedures for
257257 2 informing parents or guardians of all students involved in
258258 3 the alleged incident of bullying within 24 hours after the
259259 4 school's administration is made aware of the students'
260260 5 involvement in the incident and discussing, as
261261 6 appropriate, the availability of social work services,
262262 7 counseling, school psychological services, other
263263 8 interventions, and restorative measures. The school shall
264264 9 make diligent efforts to notify a parent or legal
265265 10 guardian, utilizing all contact information the school has
266266 11 available or that can be reasonably obtained by the school
267267 12 within the 24-hour period.
268268 13 (5) Contains procedures for promptly investigating and
269269 14 addressing reports of bullying, including the following:
270270 15 (A) Making all reasonable efforts to complete the
271271 16 investigation within 10 school days after the date the
272272 17 report of the incident of bullying was received and
273273 18 taking into consideration additional relevant
274274 19 information received during the course of the
275275 20 investigation about the reported incident of bullying.
276276 21 (B) Involving appropriate school support personnel
277277 22 and other staff persons with knowledge, experience,
278278 23 and training on bullying prevention, as deemed
279279 24 appropriate, in the investigation process.
280280 25 (C) Notifying the principal or school
281281 26 administrator or his or her designee of the report of
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292292 1 the incident of bullying as soon as possible after the
293293 2 report is received.
294294 3 (D) Consistent with federal and State laws and
295295 4 rules governing student privacy rights, providing
296296 5 parents and guardians of the students who are parties
297297 6 to the investigation information about the
298298 7 investigation and an opportunity to meet with the
299299 8 principal or school administrator or his or her
300300 9 designee to discuss the investigation, the findings of
301301 10 the investigation, and the actions taken to address
302302 11 the reported incident of bullying.
303303 12 (6) Includes the interventions that can be taken to
304304 13 address bullying, which may include, but are not limited
305305 14 to, school social work services, restorative measures,
306306 15 social-emotional skill building, counseling, school
307307 16 psychological services, and community-based services.
308308 17 (7) Includes a statement prohibiting reprisal or
309309 18 retaliation against any person who reports an act of
310310 19 bullying and the consequences and appropriate remedial
311311 20 actions for a person who engages in reprisal or
312312 21 retaliation.
313313 22 (8) Includes consequences and appropriate remedial
314314 23 actions for a person found to have falsely accused another
315315 24 of bullying as a means of retaliation or as a means of
316316 25 bullying.
317317 26 (9) Is based on the engagement of a range of school
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328328 1 stakeholders, including students and parents or guardians.
329329 2 (10) Is posted on the school district's, charter
330330 3 school's, or non-public, non-sectarian elementary or
331331 4 secondary school's existing, publicly accessible Internet
332332 5 website, is included in the student handbook, and, where
333333 6 applicable, posted where other policies, rules, and
334334 7 standards of conduct are currently posted in the school
335335 8 and provided periodically throughout the school year to
336336 9 students and faculty, and is distributed annually to
337337 10 parents, guardians, students, and school personnel,
338338 11 including new employees when hired.
339339 12 (11) As part of the process of reviewing and
340340 13 re-evaluating the policy under subsection (d) of this
341341 14 Section, contains a policy evaluation process to assess
342342 15 the outcomes and effectiveness of the policy that
343343 16 includes, but is not limited to, factors such as the
344344 17 frequency of victimization; student, staff, and family
345345 18 observations of safety at a school; identification of
346346 19 areas of a school where bullying occurs; the types of
347347 20 bullying utilized; and bystander intervention or
348348 21 participation. The school district, charter school, or
349349 22 non-public, non-sectarian elementary or secondary school
350350 23 may use relevant data and information it already collects
351351 24 for other purposes in the policy evaluation. The
352352 25 information developed as a result of the policy evaluation
353353 26 must be made available on the Internet website of the
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364364 1 school district, charter school, or non-public,
365365 2 non-sectarian elementary or secondary school. If an
366366 3 Internet website is not available, the information must be
367367 4 provided to school administrators, school board members,
368368 5 school personnel, parents, guardians, and students.
369369 6 (12) Is consistent with the policies of the school
370370 7 board, charter school, or non-public, non-sectarian
371371 8 elementary or secondary school.
372372 9 (13) Requires all individual instances of bullying, as
373373 10 well as all threats, suggestions, or instances of
374374 11 self-harm determined to be the result of bullying, to be
375375 12 reported to the parents or legal guardians of those
376376 13 involved under the guidelines provided in paragraph (4) of
377377 14 this definition.
378378 15 "Restorative measures" means a continuum of school-based
379379 16 alternatives to exclusionary discipline, such as suspensions
380380 17 and expulsions, that: (i) are adapted to the particular needs
381381 18 of the school and community, (ii) contribute to maintaining
382382 19 school safety, (iii) protect the integrity of a positive and
383383 20 productive learning climate, (iv) teach students the personal
384384 21 and interpersonal skills they will need to be successful in
385385 22 school and society, (v) serve to build and restore
386386 23 relationships among students, families, schools, and
387387 24 communities, (vi) reduce the likelihood of future disruption
388388 25 by balancing accountability with an understanding of students'
389389 26 behavioral health needs in order to keep students in school,
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400400 1 and (vii) increase student accountability if the incident of
401401 2 bullying is based on religion, race, ethnicity, or any other
402402 3 category that is identified in the Illinois Human Rights Act.
403403 4 "School personnel" means persons employed by, on contract
404404 5 with, or who volunteer in a school district, charter school,
405405 6 or non-public, non-sectarian elementary or secondary school,
406406 7 including without limitation school and school district
407407 8 administrators, teachers, school social workers, school
408408 9 counselors, school psychologists, school nurses, cafeteria
409409 10 workers, custodians, bus drivers, school resource officers,
410410 11 and security guards.
411411 12 (c) (Blank).
412412 13 (d) Each school district, charter school, and non-public,
413413 14 non-sectarian elementary or secondary school shall create,
414414 15 maintain, and implement a policy on bullying, which policy
415415 16 must be filed with the State Board of Education. The policy on
416416 17 bullying shall be based on the State Board of Education's
417417 18 template for a model bullying prevention policy under
418418 19 subsection (h) and shall include the criteria set forth in the
419419 20 definition of "policy on bullying". The policy or implementing
420420 21 procedure shall include a process to investigate whether a
421421 22 reported act of bullying is within the permissible scope of
422422 23 the district's or school's jurisdiction and shall require that
423423 24 the district or school provide the victim with information
424424 25 regarding services that are available within the district and
425425 26 community, such as counseling, support services, and other
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436436 1 programs. School personnel available for help with a bully or
437437 2 to make a report about bullying shall be made known to parents
438438 3 or legal guardians, students, and school personnel. Every 2
439439 4 years, each school district, charter school, and non-public,
440440 5 non-sectarian elementary or secondary school shall conduct a
441441 6 review and re-evaluation of its policy and make any necessary
442442 7 and appropriate revisions. No later than September 30 of the
443443 8 subject year, the policy must be filed with the State Board of
444444 9 Education after being updated. The State Board of Education
445445 10 shall monitor and provide technical support for the
446446 11 implementation of policies created under this subsection (d).
447447 12 In monitoring the implementation of the policies, the State
448448 13 Board of Education shall review each filed policy on bullying
449449 14 to ensure all policies meet the requirements set forth in this
450450 15 Section, including ensuring that each policy meets the 12
451451 16 criterion identified within the definition of "policy on
452452 17 bullying" set forth in this Section.
453453 18 If a school district, charter school, or non-public,
454454 19 non-sectarian elementary or secondary school fails to file a
455455 20 policy on bullying by September 30 of the subject year, the
456456 21 State Board of Education shall provide a written request for
457457 22 filing to the school district, charter school, or non-public,
458458 23 non-sectarian elementary or secondary school. If a school
459459 24 district, charter school, or non-public, non-sectarian
460460 25 elementary or secondary school fails to file a policy on
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472472 1 written request, the State Board of Education shall publish
473473 2 notice of the non-compliance on the State Board of Education's
474474 3 website.
475475 4 Each school district, charter school, and non-public,
476476 5 non-sectarian elementary or secondary school may provide
477477 6 evidence-based professional development and youth programming
478478 7 on bullying prevention that is consistent with the provisions
479479 8 of this Section.
480480 9 (e) This Section shall not be interpreted to prevent a
481481 10 victim from seeking redress under any other available civil or
482482 11 criminal law.
483483 12 (f) School districts, charter schools, and non-public,
484484 13 non-sectarian elementary and secondary schools shall collect,
485485 14 maintain, and submit to the State Board of Education
486486 15 non-identifiable data regarding verified allegations of
487487 16 bullying within the school district, charter school, or
488488 17 non-public, non-sectarian elementary or secondary school.
489489 18 School districts, charter schools, and non-public,
490490 19 non-sectarian elementary and secondary schools must submit
491491 20 such data in an annual report due to the State Board of
492492 21 Education no later than August 15 of each year starting with
493493 22 the 2024-2025 school year through the 2030-2031 school year.
494494 23 The State Board of Education shall adopt rules for the
495495 24 submission of data that includes, but is not limited to: (i) a
496496 25 record of each verified allegation of bullying and action
497497 26 taken; and (ii) whether the instance of bullying was based on
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508508 1 actual or perceived characteristics identified in subsection
509509 2 (a) and, if so, lists the relevant characteristics. The rules
510510 3 for the submission of data shall be consistent with federal
511511 4 and State laws and rules governing student privacy rights,
512512 5 including, but not limited to, the federal Family Educational
513513 6 Rights and Privacy Act of 1974 and the Illinois School Student
514514 7 Records Act, which shall include, without limitation, a record
515515 8 of each complaint and action taken. The State Board of
516516 9 Education shall adopt rules regarding the notification of
517517 10 school districts, charter schools, and non-public,
518518 11 non-sectarian elementary and secondary schools that fail to
519519 12 comply with the requirements of this subsection.
520520 13 (g) Upon the request of a parent or legal guardian of a
521521 14 child enrolled in a school district, charter school, or
522522 15 non-public, non-sectarian elementary or secondary school
523523 16 within this State, the State Board of Education must provide
524524 17 non-identifiable data on the number of bullying allegations
525525 18 and incidents in a given year in the school district, charter
526526 19 school, or non-public, non-sectarian elementary or secondary
527527 20 school to the requesting parent or legal guardian. The State
528528 21 Board of Education shall adopt rules regarding (i) the
529529 22 handling of such data, (ii) maintaining the privacy of the
530530 23 students and families involved, and (iii) best practices for
531531 24 sharing numerical data with parents and legal guardians.
532532 25 (h) By January 1, 2024, the State Board of Education shall
533533 26 post on its Internet website a template for a model bullying
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539539 HB5848 - 14 - LRB103 40699 RJT 73478 b
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542542 HB5848- 15 -LRB103 40699 RJT 73478 b HB5848 - 15 - LRB103 40699 RJT 73478 b
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549549 HB5848 - 15 - LRB103 40699 RJT 73478 b