Illinois General Assembly

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Full Text of HB4207  98th General Assembly


Rep. Laura Fine

Filed: 4/4/2014





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2    AMENDMENT NO. ______. Amend House Bill 4207, AS AMENDED, by
3replacing everything after the enacting clause with the
5    "Section 5. The School Code is amended by changing Section
627-23.7 as follows:
7    (105 ILCS 5/27-23.7)
8    Sec. 27-23.7. Bullying prevention.
9    (a) The General Assembly finds that a safe and civil school
10environment is necessary for students to learn and achieve and
11that bullying causes physical, psychological, and emotional
12harm to students and interferes with students' ability to learn
13and participate in school activities. The General Assembly
14further finds that bullying has been linked to other forms of
15antisocial behavior, such as vandalism, shoplifting, skipping
16and dropping out of school, fighting, using drugs and alcohol,



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1sexual harassment, and sexual violence. Because of the negative
2outcomes associated with bullying in schools, the General
3Assembly finds that school districts and non-public,
4non-sectarian elementary and secondary schools should educate
5students, parents, and school district or non-public,
6non-sectarian elementary or secondary school personnel about
7what behaviors constitute prohibited bullying.
8    Bullying on the basis of actual or perceived race, color,
9religion, sex, national origin, ancestry, age, marital status,
10physical or mental disability, military status, sexual
11orientation, gender-related identity or expression,
12unfavorable discharge from military service, association with
13a person or group with one or more of the aforementioned actual
14or perceived characteristics, or any other distinguishing
15characteristic is prohibited in all school districts and
16non-public, non-sectarian elementary and secondary schools. No
17student shall be subjected to bullying:
18        (1) during any school-sponsored education program or
19    activity;
20        (2) while in school, on school property, on school
21    buses or other school vehicles, at designated school bus
22    stops waiting for the school bus, or at school-sponsored or
23    school-sanctioned events or activities; or
24        (3) through the transmission of information from a
25    school computer, a school computer network, or other
26    similar electronic school equipment; or .



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1        (4) through the transmission of information from a
2    computer that is accessed at a nonschool-related location,
3    activity, function, or program or from the use of
4    technology or an electronic device that is not owned,
5    leased, or used by a school district or school if the
6    bullying causes a substantial disruption to the
7    educational process or orderly operation of a school. This
8    item (4) applies only in cases in which a school
9    administrator or teacher receives a report that bullying
10    through this means has occurred and does not require a
11    district or school to staff or monitor any
12    nonschool-related activity, function, or program.
13    (b) In this Section:
14    "Bullying" includes "cyber-bullying" and means any severe
15or pervasive physical or verbal act or conduct, including
16communications made in writing or electronically, directed
17toward a student or students that has or can be reasonably
18predicted to have the effect of one or more of the following:
19        (1) placing the student or students in reasonable fear
20    of harm to the student's or students' person or property;
21        (2) causing a substantially detrimental effect on the
22    student's or students' physical or mental health;
23        (3) substantially interfering with the student's or
24    students' academic performance; or
25        (4) substantially interfering with the student's or
26    students' ability to participate in or benefit from the



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1    services, activities, or privileges provided by a school.
2    Bullying, as defined in this subsection (b), may take
3various forms, including without limitation one or more of the
4following: harassment, threats, intimidation, stalking,
5physical violence, sexual harassment, sexual violence, theft,
6public humiliation, destruction of property, or retaliation
7for asserting or alleging an act of bullying. This list is
8meant to be illustrative and non-exhaustive.
9    "Cyber-bullying" means bullying through the use of
10technology or any electronic communication, including without
11limitation any transfer of signs, signals, writing, images,
12sounds, data, or intelligence of any nature transmitted in
13whole or in part by a wire, radio, electromagnetic system,
14photoelectronic system, or photooptical system, including
15without limitation electronic mail, Internet communications,
16instant messages, or facsimile communications.
17"Cyber-bullying" includes the creation of a webpage or weblog
18in which the creator assumes the identity of another person or
19the knowing impersonation of another person as the author of
20posted content or messages if the creation or impersonation
21creates any of the effects enumerated in the definition of
22bullying in this Section. "Cyber-bullying" also includes the
23distribution by electronic means of a communication to more
24than one person or the posting of material on an electronic
25medium that may be accessed by one or more persons if the
26distribution or posting creates any of the effects enumerated



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1in the definition of bullying in this Section.
2    "School personnel" means persons employed by, on contract
3with, or who volunteer in a school district or non-public,
4non-sectarian elementary or secondary school, including
5without limitation school and school district administrators,
6teachers, school guidance counselors, school social workers,
7school counselors, school psychologists, school nurses,
8cafeteria workers, custodians, bus drivers, school resource
9officers, and security guards.
10    (c) (Blank).
11    (d) Each school district and non-public, non-sectarian
12elementary or secondary school shall create and maintain a
13policy on bullying, which policy must be filed with the State
14Board of Education. The policy shall include a process to
15investigate whether a reported act of bullying is within the
16permissible scope of the district's or school's jurisdiction
17and shall require that the district or school provide the
18victim with information regarding services that are available
19within the district and community, such as counseling, support
20services, and other programs. Each school district and
21non-public, non-sectarian elementary or secondary school must
22communicate its policy on bullying to its students and their
23parent or guardian on an annual basis. The policy must be
24updated every 2 years and filed with the State Board of
25Education after being updated. The State Board of Education
26shall monitor the implementation of policies created under this



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1subsection (d).
2    (e) This Section shall not be interpreted to prevent a
3victim from seeking redress under any other available civil or
4criminal law. Nothing in this Section is intended to infringe
5upon any right to exercise free expression or the free exercise
6of religion or religiously based views protected under the
7First Amendment to the United States Constitution or under
8Section 3 or 4 of Article 1 of the Illinois Constitution.
9(Source: P.A. 95-198, eff. 1-1-08; 95-349, eff. 8-23-07;
1095-876, eff. 8-21-08; 96-952, eff. 6-28-10.)
11    Section 99. Effective date. This Act takes effect January
121, 2015.".