Rep. Edgar Gonzalez, Jr.
Filed: 4/20/2021
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1 | AMENDMENT TO HOUSE BILL 1157
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2 | AMENDMENT NO. ______. Amend House Bill 1157 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The School Code is amended by changing Section | ||||||
5 | 27-23.7 as follows: | ||||||
6 | (105 ILCS 5/27-23.7) | ||||||
7 | Sec. 27-23.7. Bullying prevention. | ||||||
8 | (a) The General Assembly finds that a safe and civil | ||||||
9 | school environment is necessary for students to learn and | ||||||
10 | achieve and that bullying causes physical, psychological, and | ||||||
11 | emotional harm to students and interferes with students' | ||||||
12 | ability to learn and participate in school activities. The | ||||||
13 | General Assembly further finds that bullying has been linked | ||||||
14 | to other forms of antisocial behavior, such as vandalism, | ||||||
15 | shoplifting, skipping and dropping out of school, fighting, | ||||||
16 | using drugs and alcohol, sexual harassment, and sexual |
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1 | violence. Because of the negative outcomes associated with | ||||||
2 | bullying in schools, the General Assembly finds that school | ||||||
3 | districts, charter schools, and non-public, non-sectarian | ||||||
4 | elementary and secondary schools should educate students, | ||||||
5 | parents, and school district, charter school, or non-public, | ||||||
6 | non-sectarian elementary or secondary school personnel about | ||||||
7 | what behaviors constitute prohibited bullying. | ||||||
8 | Bullying on the basis of actual or perceived race, color, | ||||||
9 | religion, sex, national origin, ancestry, age, marital status, | ||||||
10 | physical or mental disability, military status, sexual | ||||||
11 | orientation, gender-related identity or expression, | ||||||
12 | unfavorable discharge from military service, association with | ||||||
13 | a person or group with one or more of the aforementioned actual | ||||||
14 | or perceived characteristics, or any other distinguishing | ||||||
15 | characteristic is prohibited in all school districts, charter | ||||||
16 | schools, and non-public, non-sectarian elementary and | ||||||
17 | secondary schools.
No student 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 | ||||||
23 | or school-sanctioned events or activities; | ||||||
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 | (a-5) Nothing in this Section is intended to infringe upon | ||||||
14 | any right to exercise free expression or the free exercise of | ||||||
15 | religion or religiously based views protected under the First | ||||||
16 | Amendment to the United States Constitution or under Section 3 | ||||||
17 | of Article I of the Illinois Constitution. | ||||||
18 | (b) In this Section:
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19 | "Bullying" includes "cyber-bullying" and means any severe | ||||||
20 | or pervasive physical or verbal act or conduct, including | ||||||
21 | communications made in writing or electronically, directed | ||||||
22 | toward a student or students that has or can be reasonably | ||||||
23 | predicted to have the effect of one or more of the following: | ||||||
24 | (1) placing the student or students in reasonable fear | ||||||
25 | of harm to the student's or students' person or property; | ||||||
26 | (2) causing a substantially detrimental effect on the |
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1 | student's or students' physical or mental health; | ||||||
2 | (3) substantially interfering with the student's or | ||||||
3 | students' academic performance; or | ||||||
4 | (4) substantially interfering with the student's or | ||||||
5 | students' ability to participate in or benefit from the | ||||||
6 | services, activities, or privileges provided by a school. | ||||||
7 | Bullying, as defined in this subsection (b), may take | ||||||
8 | various forms, including without limitation one or more of the | ||||||
9 | following: harassment, threats, intimidation, stalking, | ||||||
10 | physical violence, sexual harassment, sexual violence, theft, | ||||||
11 | public humiliation, destruction of property, or retaliation | ||||||
12 | for asserting or alleging an act of bullying. This list is | ||||||
13 | meant to be illustrative and non-exhaustive. | ||||||
14 | "Cyber-bullying" means bullying through the use of | ||||||
15 | technology or any electronic communication, including without | ||||||
16 | limitation any transfer of signs, signals, writing, images, | ||||||
17 | sounds, data, or intelligence of any nature transmitted in | ||||||
18 | whole or in part by a wire, radio, electromagnetic system, | ||||||
19 | photoelectronic system, or photooptical system, including | ||||||
20 | without limitation electronic mail, Internet communications, | ||||||
21 | instant messages, or facsimile communications. | ||||||
22 | "Cyber-bullying" includes the creation of a webpage or weblog | ||||||
23 | in which the creator assumes the identity of another person or | ||||||
24 | the knowing impersonation of another person as the author of | ||||||
25 | posted content or messages if the creation or impersonation | ||||||
26 | creates any of the effects enumerated in the definition of |
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1 | bullying in this Section. "Cyber-bullying" also includes the | ||||||
2 | distribution by electronic means of a communication to more | ||||||
3 | than one person or the posting of material on an electronic | ||||||
4 | medium that may be accessed by one or more persons if the | ||||||
5 | distribution or posting creates any of the effects enumerated | ||||||
6 | in the definition of bullying in this Section. | ||||||
7 | "Policy on bullying" means a bullying prevention policy | ||||||
8 | that meets the following criteria: | ||||||
9 | (1) Includes the bullying definition provided in this | ||||||
10 | Section. | ||||||
11 | (2) Includes a statement that bullying is contrary to | ||||||
12 | State law and the policy of the school district, charter | ||||||
13 | school, or non-public, non-sectarian elementary or | ||||||
14 | secondary school and is consistent with subsection (a-5) | ||||||
15 | of this Section. | ||||||
16 | (3) Includes procedures for promptly reporting | ||||||
17 | bullying, including, but not limited to, identifying and | ||||||
18 | providing the school e-mail address (if applicable) and | ||||||
19 | school telephone number for the staff person or persons | ||||||
20 | responsible for receiving such reports and a procedure for | ||||||
21 | anonymous reporting; however, this shall not be construed | ||||||
22 | to permit formal disciplinary action solely on the basis | ||||||
23 | of an anonymous report. | ||||||
24 | (4) Consistent with federal and State laws and rules | ||||||
25 | governing student privacy rights, includes procedures for | ||||||
26 | promptly informing parents or guardians of all students |
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1 | involved in the alleged incident of bullying and | ||||||
2 | discussing, as appropriate, the availability of social | ||||||
3 | work services, counseling, school psychological services, | ||||||
4 | other interventions, and restorative measures. | ||||||
5 | (5) Contains procedures for promptly investigating and | ||||||
6 | addressing reports of bullying, including the following: | ||||||
7 | (A) Making all reasonable efforts to complete the | ||||||
8 | investigation within 10 school days after the date the | ||||||
9 | report of the incident of bullying was received and | ||||||
10 | taking into consideration additional relevant | ||||||
11 | information received during the course of the | ||||||
12 | investigation about the reported incident of bullying. | ||||||
13 | (B) Involving appropriate school support personnel | ||||||
14 | and other staff persons with knowledge, experience, | ||||||
15 | and training on bullying prevention, as deemed | ||||||
16 | appropriate, in the investigation process. | ||||||
17 | (C) Notifying the principal or school | ||||||
18 | administrator or his or her designee of the report of | ||||||
19 | the incident of bullying as soon as possible after the | ||||||
20 | report is received. | ||||||
21 | (D) Consistent with federal and State laws and | ||||||
22 | rules governing student privacy rights, providing | ||||||
23 | parents and guardians of the students who are parties | ||||||
24 | to the investigation information about the | ||||||
25 | investigation and an opportunity to meet with the | ||||||
26 | principal or school administrator or his or her |
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1 | designee to discuss the investigation, the findings of | ||||||
2 | the investigation, and the actions taken to address | ||||||
3 | the reported incident of bullying. | ||||||
4 | (6) Includes the interventions that can be taken to | ||||||
5 | address bullying, which may include, but are not limited | ||||||
6 | to, school social work services, restorative measures, | ||||||
7 | social-emotional skill building, counseling, school | ||||||
8 | psychological services, and community-based services. | ||||||
9 | (7) Includes a statement prohibiting reprisal or | ||||||
10 | retaliation against any person who reports an act of | ||||||
11 | bullying and the consequences and appropriate remedial | ||||||
12 | actions for a person who engages in reprisal or | ||||||
13 | retaliation. | ||||||
14 | (8) Includes consequences and appropriate remedial | ||||||
15 | actions for a person found to have falsely accused another | ||||||
16 | of bullying as a means of retaliation or as a means of | ||||||
17 | bullying. | ||||||
18 | (9) Is based on the engagement of a range of school | ||||||
19 | stakeholders, including students and parents or guardians. | ||||||
20 | (10) Is posted on the school district's, charter
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21 | school's, or non-public, non-sectarian elementary or
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22 | secondary school's existing Internet website, is
included | ||||||
23 | in the student handbook, and, where applicable,
posted | ||||||
24 | where other policies, rules, and standards of
conduct are | ||||||
25 | currently posted in the school and provided periodically | ||||||
26 | throughout the school year to students and faculty, and is
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1 | distributed annually to parents, guardians, students, and
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2 | school personnel, including new employees when hired. | ||||||
3 | (11) As part of the process of reviewing and | ||||||
4 | re-evaluating the policy under subsection (d) of this | ||||||
5 | Section, contains a policy evaluation process to assess | ||||||
6 | the outcomes and effectiveness of the policy that | ||||||
7 | includes, but is not limited to, factors such as the | ||||||
8 | frequency of victimization; student, staff, and family | ||||||
9 | observations of safety at a school; identification of | ||||||
10 | areas of a school where bullying occurs; the types of | ||||||
11 | bullying utilized; and bystander intervention or | ||||||
12 | participation. The school district, charter school, or | ||||||
13 | non-public, non-sectarian elementary or secondary school | ||||||
14 | may use relevant data and information it already collects | ||||||
15 | for other purposes in the policy evaluation. The | ||||||
16 | information developed as a result of the policy evaluation | ||||||
17 | must be made available on the Internet website of the | ||||||
18 | school district, charter school, or non-public, | ||||||
19 | non-sectarian elementary or secondary school. If an | ||||||
20 | Internet website is not available, the information must be | ||||||
21 | provided to school administrators, school board members, | ||||||
22 | school personnel, parents, guardians, and students. | ||||||
23 | (12) Is consistent with the policies of the school | ||||||
24 | board, charter school, or non-public, non-sectarian | ||||||
25 | elementary or secondary school. | ||||||
26 | "Restorative measures" means a continuum of school-based |
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1 | alternatives to exclusionary discipline, such as suspensions | ||||||
2 | and expulsions, that: (i) are adapted to the particular needs | ||||||
3 | of the school and community, (ii) contribute to maintaining | ||||||
4 | school safety, (iii) protect the integrity of a positive and | ||||||
5 | productive learning climate, (iv) teach students the personal | ||||||
6 | and interpersonal skills they will need to be successful in | ||||||
7 | school and society, (v) serve to build and restore | ||||||
8 | relationships among students, families, schools, and | ||||||
9 | communities, and (vi) reduce the likelihood of future | ||||||
10 | disruption by balancing accountability with an understanding | ||||||
11 | of students' behavioral health needs in order to keep students | ||||||
12 | in school , and (vii) increase student accountability if the | ||||||
13 | incident of bullying is based on religion, race, ethnicity, or | ||||||
14 | any other category that is identified in the Illinois Human | ||||||
15 | Rights Act . | ||||||
16 | "School personnel" means persons employed by, on contract | ||||||
17 | with, or who volunteer in a school district, charter school, | ||||||
18 | or non-public, non-sectarian elementary or secondary school, | ||||||
19 | including without limitation school and school district | ||||||
20 | administrators, teachers, school guidance counselors, school | ||||||
21 | social workers, school counselors, school psychologists, | ||||||
22 | school nurses, cafeteria workers, custodians, bus drivers, | ||||||
23 | school resource officers, and security guards. | ||||||
24 | (c) (Blank).
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25 | (d) Each school district, charter school, and non-public, | ||||||
26 | non-sectarian elementary or secondary school shall create, |
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1 | maintain, and implement a policy on bullying, which policy | ||||||
2 | must be filed with the State Board of Education. The policy or | ||||||
3 | implementing procedure shall include a process to investigate | ||||||
4 | whether a reported act of bullying is within the permissible | ||||||
5 | scope of the district's or school's jurisdiction and shall | ||||||
6 | require that the district or school provide the victim with | ||||||
7 | information regarding services that are available within the | ||||||
8 | district and community, such as counseling, support services, | ||||||
9 | and other programs. School personnel available for help with a | ||||||
10 | bully or to make a report about bullying shall be made known to | ||||||
11 | parents or legal guardians, students, and school personnel. | ||||||
12 | Every 2 years, each school district, charter school, and | ||||||
13 | non-public, non-sectarian elementary or secondary school shall | ||||||
14 | conduct a review and re-evaluation of its policy and make any | ||||||
15 | necessary and appropriate revisions. The policy must be filed | ||||||
16 | with the State Board of Education after being updated. The | ||||||
17 | State Board of Education shall monitor and provide technical | ||||||
18 | support for the implementation of policies created under this | ||||||
19 | subsection (d). | ||||||
20 | (e) This Section shall not be interpreted to prevent a | ||||||
21 | victim from seeking redress under any other available civil or | ||||||
22 | criminal law.
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23 | (f) The State Board of Education shall provide funding for | ||||||
24 | counselors and social workers to support mediation with regard | ||||||
25 | to incidents of bullying that are based on religion, race, | ||||||
26 | ethnicity, or any other category that is identified in the |
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1 | Illinois Human Rights Act. | ||||||
2 | (Source: P.A. 99-78, eff. 7-20-15; 100-137, eff. 8-18-17.)
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3 | Section 99. Effective date. This Act takes effect upon | ||||||
4 | becoming law.".
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