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| | 104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026 HB4674 Introduced 2/3/2026, by Rep. Maurice A. West, II SYNOPSIS AS INTRODUCED: | | 105 ILCS 5/22-110 | was 105 ILCS 5/27-23.7 | 105 ILCS 5/22-112 new | |
| Amends the School Code. Requires a policy on bullying to establish escalating interventions for students who engage in known, pervasive, and persistent bullying. Provides that in the event of the death by suicide of a student enrolled in a school district, the school district shall initiate a complete and transparent investigation to determine whether bullying or harassment related to the educational environment played a contributing role; sets forth investigation requirements. Requires the school district, upon completion of the investigation, to prepare a written investigative report summarizing findings, conclusions, and recommended corrective actions; sets forth report requirements. Allows the State Board of Education to review the report for compliance and to require a corrective action plan or an additional review if deficiencies are identified. |
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| | | STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY
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| | A BILL FOR |
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| 1 | | AN ACT concerning education. |
| 2 | | Be it enacted by the People of the State of Illinois, |
| 3 | | represented in the General Assembly: |
| 4 | | Section 5. The School Code is amended by changing Section |
| 5 | | 22-110 and by adding Section 22-112 as follows: |
| 6 | | (105 ILCS 5/22-110) (was 105 ILCS 5/27-23.7) |
| 7 | | (Text of Section before amendment by P.A. 104-338) |
| 8 | | Sec. 22-110. Bullying prevention. |
| 9 | | (a) The General Assembly finds that a safe and civil |
| 10 | | school environment is necessary for students to learn and |
| 11 | | achieve and that bullying causes physical, psychological, and |
| 12 | | emotional harm to students and interferes with students' |
| 13 | | ability to learn and participate in school activities. The |
| 14 | | General Assembly further finds that bullying has been linked |
| 15 | | to other forms of antisocial behavior, such as vandalism, |
| 16 | | shoplifting, skipping and dropping out of school, fighting, |
| 17 | | using drugs and alcohol, sexual harassment, and sexual |
| 18 | | violence. Because of the negative outcomes associated with |
| 19 | | bullying in schools, the General Assembly finds that school |
| 20 | | districts, charter schools, and non-public, non-sectarian |
| 21 | | elementary and secondary schools should educate students, |
| 22 | | parents, and school district, charter school, or non-public, |
| 23 | | non-sectarian elementary or secondary school personnel about |
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| 1 | | what behaviors constitute prohibited bullying. |
| 2 | | Bullying on the basis of actual or perceived race, color, |
| 3 | | religion, sex, national origin, ancestry, physical appearance, |
| 4 | | socioeconomic status, academic status, pregnancy, parenting |
| 5 | | status, homelessness, age, marital status, physical or mental |
| 6 | | disability, military status, sexual orientation, |
| 7 | | gender-related identity or expression, unfavorable discharge |
| 8 | | from military service, association with a person or group with |
| 9 | | one or more of the aforementioned actual or perceived |
| 10 | | characteristics, or any other distinguishing characteristic is |
| 11 | | prohibited in all school districts, charter schools, and |
| 12 | | non-public, non-sectarian elementary and secondary schools. No |
| 13 | | student shall be subjected to bullying: |
| 14 | | (1) during any school-sponsored education program or |
| 15 | | activity; |
| 16 | | (2) while in school, on school property, on school |
| 17 | | buses or other school vehicles, at designated school bus |
| 18 | | stops waiting for the school bus, or at school-sponsored |
| 19 | | or school-sanctioned events or activities; |
| 20 | | (3) through the transmission of information from a |
| 21 | | school computer, a school computer network, or other |
| 22 | | similar electronic school equipment; or |
| 23 | | (4) through the transmission of information from a |
| 24 | | computer that is accessed at a nonschool-related location, |
| 25 | | activity, function, or program or from the use of |
| 26 | | technology or an electronic device that is not owned, |
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| 1 | | leased, or used by a school district or school if the |
| 2 | | bullying causes a substantial disruption to the |
| 3 | | educational process or orderly operation of a school. This |
| 4 | | item (4) applies only in cases in which a school |
| 5 | | administrator or teacher receives a report that bullying |
| 6 | | through this means has occurred and does not require a |
| 7 | | district or school to staff or monitor any |
| 8 | | nonschool-related activity, function, or program. |
| 9 | | (a-5) Nothing in this Section is intended to infringe upon |
| 10 | | any right to exercise free expression or the free exercise of |
| 11 | | religion or religiously based views protected under the First |
| 12 | | Amendment to the United States Constitution or under Section 3 |
| 13 | | of Article I of the Illinois Constitution. |
| 14 | | (b) In this Section: |
| 15 | | "Bullying" includes "cyber-bullying" and means any severe |
| 16 | | or pervasive physical or verbal act or conduct, including |
| 17 | | communications made in writing or electronically, directed |
| 18 | | toward a student or students that has or can be reasonably |
| 19 | | predicted to have the effect of one or more of the following: |
| 20 | | (1) placing the student or students in reasonable fear |
| 21 | | of harm to the student's or students' person or property; |
| 22 | | (2) causing a substantially detrimental effect on the |
| 23 | | student's or students' physical or mental health; |
| 24 | | (3) substantially interfering with the student's or |
| 25 | | students' academic performance; or |
| 26 | | (4) substantially interfering with the student's or |
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| 1 | | students' ability to participate in or benefit from the |
| 2 | | services, activities, or privileges provided by a school. |
| 3 | | Bullying, as defined in this subsection (b), may take |
| 4 | | various forms, including, without limitation, one or more of |
| 5 | | the following: harassment, threats, intimidation, stalking, |
| 6 | | physical violence, sexual harassment, sexual violence, theft, |
| 7 | | public humiliation, destruction of property, or retaliation |
| 8 | | for asserting or alleging an act of bullying. This list is |
| 9 | | meant to be illustrative and non-exhaustive. |
| 10 | | "Cyber-bullying" means bullying through the use of |
| 11 | | technology or any electronic communication, including, without |
| 12 | | limitation, any transfer of signs, signals, writing, images, |
| 13 | | sounds, data, or intelligence of any nature transmitted in |
| 14 | | whole or in part by a wire, radio, electromagnetic system, |
| 15 | | photoelectronic system, or photooptical system, including, |
| 16 | | without limitation, electronic mail, Internet communications, |
| 17 | | instant messages, or facsimile communications. |
| 18 | | "Cyber-bullying" includes the creation of a webpage or weblog |
| 19 | | in which the creator assumes the identity of another person or |
| 20 | | the knowing impersonation of another person as the author of |
| 21 | | posted content or messages if the creation or impersonation |
| 22 | | creates any of the effects enumerated in the definition of |
| 23 | | bullying in this Section. "Cyber-bullying" also includes the |
| 24 | | distribution by electronic means of a communication to more |
| 25 | | than one person or the posting of material on an electronic |
| 26 | | medium that may be accessed by one or more persons if the |
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| 1 | | distribution or posting creates any of the effects enumerated |
| 2 | | in the definition of bullying in this Section. |
| 3 | | "Policy on bullying" means a bullying prevention policy |
| 4 | | that meets the following criteria: |
| 5 | | (1) Includes the bullying definition provided in this |
| 6 | | Section. |
| 7 | | (2) Includes a statement that bullying is contrary to |
| 8 | | State law and the policy of the school district, charter |
| 9 | | school, or non-public, non-sectarian elementary or |
| 10 | | secondary school and is consistent with subsection (a-5) |
| 11 | | of this Section. |
| 12 | | (3) Includes procedures for promptly reporting |
| 13 | | bullying, including, but not limited to, identifying and |
| 14 | | providing the school e-mail address (if applicable) and |
| 15 | | school telephone number for the staff person or persons |
| 16 | | responsible for receiving such reports and a procedure for |
| 17 | | anonymous reporting; however, this shall not be construed |
| 18 | | to permit formal disciplinary action solely on the basis |
| 19 | | of an anonymous report. |
| 20 | | (4) Consistent with federal and State laws and rules |
| 21 | | governing student privacy rights, includes procedures for |
| 22 | | informing parents or guardians of all students involved in |
| 23 | | the alleged incident of bullying within 24 hours after the |
| 24 | | school's administration is made aware of the students' |
| 25 | | involvement in the incident and discussing, as |
| 26 | | appropriate, the availability of social work services, |
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| 1 | | counseling, school psychological services, other |
| 2 | | interventions, and restorative measures. The school shall |
| 3 | | make diligent efforts to notify a parent or legal |
| 4 | | guardian, utilizing all contact information the school has |
| 5 | | available or that can be reasonably obtained by the school |
| 6 | | within the 24-hour period. |
| 7 | | (5) Contains procedures for promptly investigating and |
| 8 | | addressing reports of bullying, including the following: |
| 9 | | (A) Making all reasonable efforts to complete the |
| 10 | | investigation within 10 school days after the date the |
| 11 | | report of the incident of bullying was received and |
| 12 | | taking into consideration additional relevant |
| 13 | | information received during the course of the |
| 14 | | investigation about the reported incident of bullying. |
| 15 | | (B) Involving appropriate school support personnel |
| 16 | | and other staff persons with knowledge, experience, |
| 17 | | and training on bullying prevention, as deemed |
| 18 | | appropriate, in the investigation process. |
| 19 | | (C) Notifying the principal or school |
| 20 | | administrator or his or her designee of the report of |
| 21 | | the incident of bullying as soon as possible after the |
| 22 | | report is received. |
| 23 | | (D) Consistent with federal and State laws and |
| 24 | | rules governing student privacy rights, providing |
| 25 | | parents and guardians of the students who are parties |
| 26 | | to the investigation information about the |
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| 1 | | investigation and an opportunity to meet with the |
| 2 | | principal or school administrator or his or her |
| 3 | | designee to discuss the investigation, the findings of |
| 4 | | the investigation, and the actions taken to address |
| 5 | | the reported incident of bullying. |
| 6 | | (6) Includes the interventions that can be taken to |
| 7 | | address bullying, which may include, but are not limited |
| 8 | | to, school social work services, restorative measures, |
| 9 | | social-emotional skill building, counseling, school |
| 10 | | psychological services, and community-based services. |
| 11 | | (7) Includes a statement prohibiting reprisal or |
| 12 | | retaliation against any person who reports an act of |
| 13 | | bullying and the consequences and appropriate remedial |
| 14 | | actions for a person who engages in reprisal or |
| 15 | | retaliation. |
| 16 | | (8) Includes consequences and appropriate remedial |
| 17 | | actions for a person found to have falsely accused another |
| 18 | | of bullying as a means of retaliation or as a means of |
| 19 | | bullying. |
| 20 | | (9) Is based on the engagement of a range of school |
| 21 | | stakeholders, including students and parents or guardians. |
| 22 | | (10) Is posted on the school district's, charter |
| 23 | | school's, or non-public, non-sectarian elementary or |
| 24 | | secondary school's existing, publicly accessible Internet |
| 25 | | website, is included in the student handbook, and, where |
| 26 | | applicable, posted where other policies, rules, and |
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| 1 | | standards of conduct are currently posted in the school |
| 2 | | and provided periodically throughout the school year to |
| 3 | | students and faculty, and is distributed annually to |
| 4 | | parents, guardians, students, and school personnel, |
| 5 | | including new employees when hired. |
| 6 | | (11) As part of the process of reviewing and |
| 7 | | re-evaluating the policy under subsection (d) of this |
| 8 | | Section, contains a policy evaluation process to assess |
| 9 | | the outcomes and effectiveness of the policy that |
| 10 | | includes, but is not limited to, factors such as the |
| 11 | | frequency of victimization; student, staff, and family |
| 12 | | observations of safety at a school; identification of |
| 13 | | areas of a school where bullying occurs; the types of |
| 14 | | bullying utilized; and bystander intervention or |
| 15 | | participation. The school district, charter school, or |
| 16 | | non-public, non-sectarian elementary or secondary school |
| 17 | | may use relevant data and information it already collects |
| 18 | | for other purposes in the policy evaluation. The |
| 19 | | information developed as a result of the policy evaluation |
| 20 | | must be made available on the Internet website of the |
| 21 | | school district, charter school, or non-public, |
| 22 | | non-sectarian elementary or secondary school. If an |
| 23 | | Internet website is not available, the information must be |
| 24 | | provided to school administrators, school board members, |
| 25 | | school personnel, parents, guardians, and students. |
| 26 | | (12) Is consistent with the policies of the school |
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| 1 | | board, charter school, or non-public, non-sectarian |
| 2 | | elementary or secondary school. |
| 3 | | (13) Requires all individual instances of bullying, as |
| 4 | | well as all threats, suggestions, or instances of |
| 5 | | self-harm determined to be the result of bullying, to be |
| 6 | | reported to the parents or legal guardians of those |
| 7 | | involved under the guidelines provided in paragraph (4) of |
| 8 | | this definition. |
| 9 | | "Restorative measures" means a continuum of school-based |
| 10 | | alternatives to exclusionary discipline, such as suspensions |
| 11 | | and expulsions, that: (i) are adapted to the particular needs |
| 12 | | of the school and community, (ii) contribute to maintaining |
| 13 | | school safety, (iii) protect the integrity of a positive and |
| 14 | | productive learning climate, (iv) teach students the personal |
| 15 | | and interpersonal skills they will need to be successful in |
| 16 | | school and society, (v) serve to build and restore |
| 17 | | relationships among students, families, schools, and |
| 18 | | communities, (vi) reduce the likelihood of future disruption |
| 19 | | by balancing accountability with an understanding of students' |
| 20 | | behavioral health needs in order to keep students in school, |
| 21 | | and (vii) increase student accountability if the incident of |
| 22 | | bullying is based on religion, race, ethnicity, or any other |
| 23 | | category that is identified in the Illinois Human Rights Act. |
| 24 | | "School personnel" means persons employed by, on contract |
| 25 | | with, or who volunteer in a school district, charter school, |
| 26 | | or non-public, non-sectarian elementary or secondary school, |
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| 1 | | including, without limitation, school and school district |
| 2 | | administrators, teachers, school social workers, school |
| 3 | | counselors, school psychologists, school nurses, cafeteria |
| 4 | | workers, custodians, bus drivers, school resource officers, |
| 5 | | and security guards. |
| 6 | | (c) (Blank). |
| 7 | | (d) Each school district, charter school, and non-public, |
| 8 | | non-sectarian elementary or secondary school shall create, |
| 9 | | maintain, and implement a policy on bullying, which policy |
| 10 | | must be filed with the State Board of Education. The policy on |
| 11 | | bullying shall be based on the State Board of Education's |
| 12 | | template for a model bullying prevention policy under |
| 13 | | subsection (h) and shall include the criteria set forth in the |
| 14 | | definition of "policy on bullying". The policy or implementing |
| 15 | | procedure shall include a process to investigate whether a |
| 16 | | reported act of bullying is within the permissible scope of |
| 17 | | the district's or school's jurisdiction and shall require that |
| 18 | | the district or school provide the victim with information |
| 19 | | regarding services that are available within the district and |
| 20 | | community, such as counseling, support services, and other |
| 21 | | programs. School personnel available for help with a bully or |
| 22 | | to make a report about bullying shall be made known to parents |
| 23 | | or legal guardians, students, and school personnel. Every 2 |
| 24 | | years, each school district, charter school, and non-public, |
| 25 | | non-sectarian elementary or secondary school shall conduct a |
| 26 | | review and re-evaluation of its policy and make any necessary |
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| 1 | | and appropriate revisions. No later than September 30 of the |
| 2 | | subject year, the policy must be filed with the State Board of |
| 3 | | Education after being updated. The State Board of Education |
| 4 | | shall monitor and provide technical support for the |
| 5 | | implementation of policies created under this subsection (d). |
| 6 | | In monitoring the implementation of the policies, the State |
| 7 | | Board of Education shall review each filed policy on bullying |
| 8 | | to ensure all policies meet the requirements set forth in this |
| 9 | | Section, including ensuring that each policy meets the 12 |
| 10 | | criteria criterion identified within the definition of "policy |
| 11 | | on bullying" set forth in this Section. |
| 12 | | If a school district, charter school, or non-public, |
| 13 | | non-sectarian elementary or secondary school fails to file a |
| 14 | | policy on bullying by September 30 of the subject year, the |
| 15 | | State Board of Education shall provide a written request for |
| 16 | | filing to the school district, charter school, or non-public, |
| 17 | | non-sectarian elementary or secondary school. If a school |
| 18 | | district, charter school, or non-public, non-sectarian |
| 19 | | elementary or secondary school fails to file a policy on |
| 20 | | bullying within 14 days of receipt of the aforementioned |
| 21 | | written request, the State Board of Education shall publish |
| 22 | | notice of the non-compliance on the State Board of Education's |
| 23 | | website. |
| 24 | | Each school district, charter school, and non-public, |
| 25 | | non-sectarian elementary or secondary school may provide |
| 26 | | evidence-based professional development and youth programming |
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| 1 | | on bullying prevention that is consistent with the provisions |
| 2 | | of this Section. |
| 3 | | (e) This Section shall not be interpreted to prevent a |
| 4 | | victim from seeking redress under any other available civil or |
| 5 | | criminal law. |
| 6 | | (f) School districts, charter schools, and non-public, |
| 7 | | non-sectarian elementary and secondary schools shall collect, |
| 8 | | maintain, and submit to the State Board of Education |
| 9 | | non-identifiable data regarding verified allegations of |
| 10 | | bullying within the school district, charter school, or |
| 11 | | non-public, non-sectarian elementary or secondary school. |
| 12 | | School districts, charter schools, and non-public, |
| 13 | | non-sectarian elementary and secondary schools must submit |
| 14 | | such data in an annual report due to the State Board of |
| 15 | | Education no later than August 15 of each year starting with |
| 16 | | the 2024-2025 school year through the 2030-2031 school year. |
| 17 | | The State Board of Education shall adopt rules for the |
| 18 | | submission of data that includes, but is not limited to: (i) a |
| 19 | | record of each verified allegation of bullying and action |
| 20 | | taken; and (ii) whether the instance of bullying was based on |
| 21 | | actual or perceived characteristics identified in subsection |
| 22 | | (a) and, if so, lists the relevant characteristics. The rules |
| 23 | | for the submission of data shall be consistent with federal |
| 24 | | and State laws and rules governing student privacy rights, |
| 25 | | including, but not limited to, the federal Family Educational |
| 26 | | Rights and Privacy Act of 1974 and the Illinois School Student |
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| 1 | | Records Act, which shall include, without limitation, a record |
| 2 | | of each complaint and action taken. The State Board of |
| 3 | | Education shall adopt rules regarding the notification of |
| 4 | | school districts, charter schools, and non-public, |
| 5 | | non-sectarian elementary and secondary schools that fail to |
| 6 | | comply with the requirements of this subsection. |
| 7 | | (g) Upon the request of a parent or legal guardian of a |
| 8 | | child enrolled in a school district, charter school, or |
| 9 | | non-public, non-sectarian elementary or secondary school |
| 10 | | within this State, the State Board of Education must provide |
| 11 | | non-identifiable data on the number of bullying allegations |
| 12 | | and incidents in a given year in the school district, charter |
| 13 | | school, or non-public, non-sectarian elementary or secondary |
| 14 | | school to the requesting parent or legal guardian. The State |
| 15 | | Board of Education shall adopt rules regarding (i) the |
| 16 | | handling of such data, (ii) maintaining the privacy of the |
| 17 | | students and families involved, and (iii) best practices for |
| 18 | | sharing numerical data with parents and legal guardians. |
| 19 | | (h) By January 1, 2024, the State Board of Education shall |
| 20 | | post on its Internet website a template for a model bullying |
| 21 | | prevention policy. |
| 22 | | (i) The Illinois Bullying and Cyberbullying Prevention |
| 23 | | Fund is created as a special fund in the State treasury. Any |
| 24 | | moneys appropriated to the Fund may be used, subject to |
| 25 | | appropriation, by the State Board of Education for the |
| 26 | | purposes of subsection (j). |
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| 1 | | (j) Subject to appropriation, the State Superintendent of |
| 2 | | Education may provide a grant to a school district, charter |
| 3 | | school, or non-public, non-sectarian elementary or secondary |
| 4 | | school to support its anti-bullying programming. Grants may be |
| 5 | | awarded from the Illinois Bullying and Cyberbullying |
| 6 | | Prevention Fund. School districts, charter schools, and |
| 7 | | non-public, non-sectarian elementary or secondary schools that |
| 8 | | are not in compliance with subsection (f) are not eligible to |
| 9 | | receive a grant from the Illinois Bullying and Cyberbullying |
| 10 | | Prevention Fund. |
| 11 | | (Source: P.A. 103-47, eff. 6-9-23; 104-391, eff. 8-15-25; |
| 12 | | revised 9-24-25.) |
| 13 | | (Text of Section after amendment by P.A. 104-338) |
| 14 | | Sec. 22-110. Bullying prevention. |
| 15 | | (a) The General Assembly finds that a safe and civil |
| 16 | | school environment is necessary for students to learn and |
| 17 | | achieve and that bullying causes physical, psychological, and |
| 18 | | emotional harm to students and interferes with students' |
| 19 | | ability to learn and participate in school activities. The |
| 20 | | General Assembly further finds that bullying has been linked |
| 21 | | to other forms of antisocial behavior, such as vandalism, |
| 22 | | shoplifting, skipping and dropping out of school, fighting, |
| 23 | | using drugs and alcohol, sexual harassment, and sexual |
| 24 | | violence. Because of the negative outcomes associated with |
| 25 | | bullying in schools, the General Assembly finds that school |
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| 1 | | districts, charter schools, and non-public, non-sectarian |
| 2 | | elementary and secondary schools should educate students, |
| 3 | | parents, and school district, charter school, or non-public, |
| 4 | | non-sectarian elementary or secondary school personnel about |
| 5 | | what behaviors constitute prohibited bullying. |
| 6 | | Bullying on the basis of actual or perceived race, color, |
| 7 | | religion, sex, national origin, ancestry, physical appearance, |
| 8 | | socioeconomic status, academic status, pregnancy, parenting |
| 9 | | status, homelessness, age, marital status, physical or mental |
| 10 | | disability, military status, sexual orientation, |
| 11 | | gender-related identity or expression, unfavorable discharge |
| 12 | | from military service, association with a person or group with |
| 13 | | one or more of the aforementioned actual or perceived |
| 14 | | characteristics, or any other distinguishing characteristic is |
| 15 | | prohibited in all school districts, charter schools, and |
| 16 | | non-public, non-sectarian elementary and secondary schools. No |
| 17 | | 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: |
| 19 | | "Artificial intelligence" has the meaning given to that |
| 20 | | term in the Digital Voice and Likeness Protection Act. |
| 21 | | "Bullying" includes "cyber-bullying" and means any severe |
| 22 | | or pervasive physical or verbal act or conduct, including |
| 23 | | communications made in writing or electronically, directed |
| 24 | | toward a student or students that has or can be reasonably |
| 25 | | predicted to have the effect of one or more of the following: |
| 26 | | (1) placing the student or students in reasonable fear |
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| 1 | | of harm to the student's or students' person or property; |
| 2 | | (2) causing a substantially detrimental effect on the |
| 3 | | student's or students' physical or mental health; |
| 4 | | (3) substantially interfering with the student's or |
| 5 | | students' academic performance; or |
| 6 | | (4) substantially interfering with the student's or |
| 7 | | students' ability to participate in or benefit from the |
| 8 | | services, activities, or privileges provided by a school. |
| 9 | | Bullying, as defined in this subsection (b), may take |
| 10 | | various forms, including, without limitation, one or more of |
| 11 | | the following: harassment, threats, intimidation, stalking, |
| 12 | | physical violence, sexual harassment, sexual violence, posting |
| 13 | | or distributing sexually explicit images, theft, public |
| 14 | | humiliation, destruction of property, or retaliation for |
| 15 | | asserting or alleging an act of bullying. This list is meant to |
| 16 | | be illustrative and non-exhaustive. |
| 17 | | "Cyber-bullying" means bullying through the use of |
| 18 | | technology or any electronic communication, including, without |
| 19 | | limitation, any transfer of signs, signals, writing, images, |
| 20 | | sounds, data, or intelligence of any nature transmitted in |
| 21 | | whole or in part by a wire, radio, electromagnetic system, |
| 22 | | photoelectronic system, or photooptical system, including, |
| 23 | | without limitation, electronic mail, Internet communications, |
| 24 | | instant messages, or facsimile communications. |
| 25 | | "Cyber-bullying" includes the creation of a webpage or weblog |
| 26 | | in which the creator assumes the identity of another person or |
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| 1 | | the knowing impersonation of another person as the author of |
| 2 | | posted content or messages if the creation or impersonation |
| 3 | | creates any of the effects enumerated in the definition of |
| 4 | | bullying in this Section. "Cyber-bullying" also includes the |
| 5 | | distribution by electronic means of a communication to more |
| 6 | | than one person or the posting of material on an electronic |
| 7 | | medium that may be accessed by one or more persons if the |
| 8 | | distribution or posting creates any of the effects enumerated |
| 9 | | in the definition of bullying in this Section. Beginning with |
| 10 | | the 2026-2027 school year, "cyber-bullying" also includes the |
| 11 | | posting or distribution of an unauthorized digital replica by |
| 12 | | electronic means if the posting or distribution creates any of |
| 13 | | the effects enumerated in the definition of "bullying" in this |
| 14 | | Section. |
| 15 | | "Digital replica" has the meaning given to that term in |
| 16 | | the Digital Voice and Likeness Protection Act. |
| 17 | | "Policy on bullying" means a bullying prevention policy |
| 18 | | that meets the following criteria: |
| 19 | | (1) Includes the bullying definition provided in this |
| 20 | | Section. |
| 21 | | (2) Includes a statement that bullying is contrary to |
| 22 | | State law and the policy of the school district, charter |
| 23 | | school, or non-public, non-sectarian elementary or |
| 24 | | secondary school and is consistent with subsection (a-5) |
| 25 | | of this Section. |
| 26 | | (3) Includes procedures for promptly reporting |
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| 1 | | bullying, including, but not limited to, identifying and |
| 2 | | providing the school e-mail address (if applicable) and |
| 3 | | school telephone number for the staff person or persons |
| 4 | | responsible for receiving such reports and a procedure for |
| 5 | | anonymous reporting; however, this shall not be construed |
| 6 | | to permit formal disciplinary action solely on the basis |
| 7 | | of an anonymous report. |
| 8 | | (4) Consistent with federal and State laws and rules |
| 9 | | governing student privacy rights, includes procedures for |
| 10 | | informing parents or guardians of all students involved in |
| 11 | | the alleged incident of bullying within 24 hours after the |
| 12 | | school's administration is made aware of the students' |
| 13 | | involvement in the incident and discussing, as |
| 14 | | appropriate, the availability of social work services, |
| 15 | | counseling, school psychological services, other |
| 16 | | interventions, and restorative measures. The school shall |
| 17 | | make diligent efforts to notify a parent or legal |
| 18 | | guardian, utilizing all contact information the school has |
| 19 | | available or that can be reasonably obtained by the school |
| 20 | | within the 24-hour period. |
| 21 | | (5) Contains procedures for promptly investigating and |
| 22 | | addressing reports of bullying, including the following: |
| 23 | | (A) Making all reasonable efforts to complete the |
| 24 | | investigation within 10 school days after the date the |
| 25 | | report of the incident of bullying was received and |
| 26 | | taking into consideration additional relevant |
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| 1 | | information received during the course of the |
| 2 | | investigation about the reported incident of bullying. |
| 3 | | (B) Involving appropriate school support personnel |
| 4 | | and other staff persons with knowledge, experience, |
| 5 | | and training on bullying prevention, as deemed |
| 6 | | appropriate, in the investigation process. |
| 7 | | (C) Notifying the principal or school |
| 8 | | administrator or his or her designee of the report of |
| 9 | | the incident of bullying as soon as possible after the |
| 10 | | report is received. |
| 11 | | (D) Consistent with federal and State laws and |
| 12 | | rules governing student privacy rights, providing |
| 13 | | parents and guardians of the students who are parties |
| 14 | | to the investigation information about the |
| 15 | | investigation and an opportunity to meet with the |
| 16 | | principal or school administrator or his or her |
| 17 | | designee to discuss the investigation, the findings of |
| 18 | | the investigation, and the actions taken to address |
| 19 | | the reported incident of bullying. |
| 20 | | (6) Includes the interventions that can be taken to |
| 21 | | address bullying, which may include, but are not limited |
| 22 | | to, school social work services, restorative measures, |
| 23 | | social-emotional skill building, counseling, school |
| 24 | | psychological services, and community-based services. |
| 25 | | (6.5) Establishes escalating interventions for |
| 26 | | students who engage in known, pervasive, and persistent |
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| 1 | | bullying. |
| 2 | | (7) Includes a statement prohibiting reprisal or |
| 3 | | retaliation against any person who reports an act of |
| 4 | | bullying and the consequences and appropriate remedial |
| 5 | | actions for a person who engages in reprisal or |
| 6 | | retaliation. |
| 7 | | (8) Includes consequences and appropriate remedial |
| 8 | | actions for a person found to have falsely accused another |
| 9 | | of bullying as a means of retaliation or as a means of |
| 10 | | bullying. |
| 11 | | (9) Is based on the engagement of a range of school |
| 12 | | stakeholders, including students and parents or guardians. |
| 13 | | (10) Is posted on the school district's, charter |
| 14 | | school's, or non-public, non-sectarian elementary or |
| 15 | | secondary school's existing, publicly accessible Internet |
| 16 | | website, is included in the student handbook, and, where |
| 17 | | applicable, posted where other policies, rules, and |
| 18 | | standards of conduct are currently posted in the school |
| 19 | | and provided periodically throughout the school year to |
| 20 | | students and faculty, and is distributed annually to |
| 21 | | parents, guardians, students, and school personnel, |
| 22 | | including new employees when hired. |
| 23 | | (11) As part of the process of reviewing and |
| 24 | | re-evaluating the policy under subsection (d) of this |
| 25 | | Section, contains a policy evaluation process to assess |
| 26 | | the outcomes and effectiveness of the policy that |
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| 1 | | includes, but is not limited to, factors such as the |
| 2 | | frequency of victimization; student, staff, and family |
| 3 | | observations of safety at a school; identification of |
| 4 | | areas of a school where bullying occurs; the types of |
| 5 | | bullying utilized; and bystander intervention or |
| 6 | | participation. The school district, charter school, or |
| 7 | | non-public, non-sectarian elementary or secondary school |
| 8 | | may use relevant data and information it already collects |
| 9 | | for other purposes in the policy evaluation. The |
| 10 | | information developed as a result of the policy evaluation |
| 11 | | must be made available on the Internet website of the |
| 12 | | school district, charter school, or non-public, |
| 13 | | non-sectarian elementary or secondary school. If an |
| 14 | | Internet website is not available, the information must be |
| 15 | | provided to school administrators, school board members, |
| 16 | | school personnel, parents, guardians, and students. |
| 17 | | (12) Is consistent with the policies of the school |
| 18 | | board, charter school, or non-public, non-sectarian |
| 19 | | elementary or secondary school. |
| 20 | | (13) Requires all individual instances of bullying, as |
| 21 | | well as all threats, suggestions, or instances of |
| 22 | | self-harm determined to be the result of bullying, to be |
| 23 | | reported to the parents or legal guardians of those |
| 24 | | involved under the guidelines provided in paragraph (4) of |
| 25 | | this definition. |
| 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, (vi) reduce the likelihood of future disruption |
| 10 | | by balancing accountability with an understanding of students' |
| 11 | | behavioral health needs in order to keep students in school, |
| 12 | | and (vii) increase student accountability if the incident of |
| 13 | | bullying is based on religion, race, ethnicity, or any other |
| 14 | | category that is identified in the Illinois Human Rights Act. |
| 15 | | "School personnel" means persons employed by, on contract |
| 16 | | with, or who volunteer in a school district, charter school, |
| 17 | | or non-public, non-sectarian elementary or secondary school, |
| 18 | | including, without limitation, school and school district |
| 19 | | administrators, teachers, school social workers, school |
| 20 | | counselors, school psychologists, school nurses, cafeteria |
| 21 | | workers, custodians, bus drivers, school resource officers, |
| 22 | | and security guards. |
| 23 | | "Unauthorized digital replica" means the use of a digital |
| 24 | | replica of an individual without the consent of the depicted |
| 25 | | individual. |
| 26 | | (c) (Blank). |
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| 1 | | (d) Each school district, charter school, and non-public, |
| 2 | | non-sectarian elementary or secondary school shall create, |
| 3 | | maintain, and implement a policy on bullying, which policy |
| 4 | | must be filed with the State Board of Education. The policy on |
| 5 | | bullying shall be based on the State Board of Education's |
| 6 | | template for a model bullying prevention policy under |
| 7 | | subsection (h) and shall include the criteria set forth in the |
| 8 | | definition of "policy on bullying". The policy or implementing |
| 9 | | procedure shall include a process to investigate whether a |
| 10 | | reported act of bullying is within the permissible scope of |
| 11 | | the district's or school's jurisdiction and shall require that |
| 12 | | the district or school provide the victim with information |
| 13 | | regarding services that are available within the district and |
| 14 | | community, such as counseling, support services, and other |
| 15 | | programs. School personnel available for help with a bully or |
| 16 | | to make a report about bullying shall be made known to parents |
| 17 | | or legal guardians, students, and school personnel. Every 2 |
| 18 | | years, each school district, charter school, and non-public, |
| 19 | | non-sectarian elementary or secondary school shall conduct a |
| 20 | | review and re-evaluation of its policy and make any necessary |
| 21 | | and appropriate revisions. No later than September 30 of the |
| 22 | | subject year, the policy must be filed with the State Board of |
| 23 | | Education after being updated. The State Board of Education |
| 24 | | shall monitor and provide technical support for the |
| 25 | | implementation of policies created under this subsection (d). |
| 26 | | In monitoring the implementation of the policies, the State |
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| 1 | | Board of Education shall review each filed policy on bullying |
| 2 | | to ensure all policies meet the requirements set forth in this |
| 3 | | Section, including ensuring that each policy meets the 13 |
| 4 | | criteria criterion identified within the definition of "policy |
| 5 | | on bullying" set forth in this Section. |
| 6 | | If a school district, charter school, or non-public, |
| 7 | | non-sectarian elementary or secondary school fails to file a |
| 8 | | policy on bullying by September 30 of the subject year, the |
| 9 | | State Board of Education shall provide a written request for |
| 10 | | filing to the school district, charter school, or non-public, |
| 11 | | non-sectarian elementary or secondary school. If a school |
| 12 | | district, charter school, or non-public, non-sectarian |
| 13 | | elementary or secondary school fails to file a policy on |
| 14 | | bullying within 14 days of receipt of the aforementioned |
| 15 | | written request, the State Board of Education shall publish |
| 16 | | notice of the non-compliance on the State Board of Education's |
| 17 | | website. |
| 18 | | Each school district, charter school, and non-public, |
| 19 | | non-sectarian elementary or secondary school may provide |
| 20 | | evidence-based professional development and youth programming |
| 21 | | on bullying prevention that is consistent with the provisions |
| 22 | | of this Section. |
| 23 | | (e) This Section shall not be interpreted to prevent a |
| 24 | | victim from seeking redress under any other available civil or |
| 25 | | criminal law. |
| 26 | | (f) School districts, charter schools, and non-public, |
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| 1 | | non-sectarian elementary and secondary schools shall collect, |
| 2 | | maintain, and submit to the State Board of Education |
| 3 | | non-identifiable data regarding verified allegations of |
| 4 | | bullying within the school district, charter school, or |
| 5 | | non-public, non-sectarian elementary or secondary school. |
| 6 | | School districts, charter schools, and non-public, |
| 7 | | non-sectarian elementary and secondary schools must submit |
| 8 | | such data in an annual report due to the State Board of |
| 9 | | Education no later than August 15 of each year starting with |
| 10 | | the 2024-2025 school year through the 2030-2031 school year. |
| 11 | | The State Board of Education shall adopt rules for the |
| 12 | | submission of data that includes, but is not limited to: (i) a |
| 13 | | record of each verified allegation of bullying and action |
| 14 | | taken; and (ii) whether the instance of bullying was based on |
| 15 | | actual or perceived characteristics identified in subsection |
| 16 | | (a) and, if so, lists the relevant characteristics. The rules |
| 17 | | for the submission of data shall be consistent with federal |
| 18 | | and State laws and rules governing student privacy rights, |
| 19 | | including, but not limited to, the federal Family Educational |
| 20 | | Rights and Privacy Act of 1974 and the Illinois School Student |
| 21 | | Records Act, which shall include, without limitation, a record |
| 22 | | of each complaint and action taken. The State Board of |
| 23 | | Education shall adopt rules regarding the notification of |
| 24 | | school districts, charter schools, and non-public, |
| 25 | | non-sectarian elementary and secondary schools that fail to |
| 26 | | comply with the requirements of this subsection. |
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| 1 | | (g) Upon the request of a parent or legal guardian of a |
| 2 | | child enrolled in a school district, charter school, or |
| 3 | | non-public, non-sectarian elementary or secondary school |
| 4 | | within this State, the State Board of Education must provide |
| 5 | | non-identifiable data on the number of bullying allegations |
| 6 | | and incidents in a given year in the school district, charter |
| 7 | | school, or non-public, non-sectarian elementary or secondary |
| 8 | | school to the requesting parent or legal guardian. The State |
| 9 | | Board of Education shall adopt rules regarding (i) the |
| 10 | | handling of such data, (ii) maintaining the privacy of the |
| 11 | | students and families involved, and (iii) best practices for |
| 12 | | sharing numerical data with parents and legal guardians. |
| 13 | | (h) By January 1, 2024, the State Board of Education shall |
| 14 | | post on its Internet website a template for a model bullying |
| 15 | | prevention policy. |
| 16 | | (i) The Illinois Bullying and Cyberbullying Prevention |
| 17 | | Fund is created as a special fund in the State treasury. Any |
| 18 | | moneys appropriated to the Fund may be used, subject to |
| 19 | | appropriation, by the State Board of Education for the |
| 20 | | purposes of subsection (j). |
| 21 | | (j) Subject to appropriation, the State Superintendent of |
| 22 | | Education may provide a grant to a school district, charter |
| 23 | | school, or non-public, non-sectarian elementary or secondary |
| 24 | | school to support its anti-bullying programming. Grants may be |
| 25 | | awarded from the Illinois Bullying and Cyberbullying |
| 26 | | Prevention Fund. School districts, charter schools, and |
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| 1 | | non-public, non-sectarian elementary or secondary schools that |
| 2 | | are not in compliance with subsection (f) are not eligible to |
| 3 | | receive a grant from the Illinois Bullying and Cyberbullying |
| 4 | | Prevention Fund. |
| 5 | | (Source: P.A. 103-47, eff. 6-9-23; 104-338, eff. 7-1-26; |
| 6 | | 104-391, eff. 8-15-25; revised 9-24-25.) |
| 7 | | (105 ILCS 5/22-112 new) |
| 8 | | Sec. 22-112. Student suicide investigation and |
| 9 | | accountability. |
| 10 | | (a) As used in this Section: |
| 11 | | "Bullying" has the meaning given to that term in Section |
| 12 | | 22-110. |
| 13 | | "Educational environment" includes school property, |
| 14 | | school-sponsored activities, school transportation, and |
| 15 | | electronic or online activity that substantially interferes |
| 16 | | with a student's educational experience. |
| 17 | | "Harassment" means any unwelcome conduct, whether verbal, |
| 18 | | physical, electronic, or written, that is based on a student's |
| 19 | | actual or perceived race, color, religion, national origin, |
| 20 | | ancestry, age, sex, marital status, order of protection |
| 21 | | status, disability, military status, sexual orientation, |
| 22 | | pregnancy, or unfavorable discharge from military service and |
| 23 | | that has the purpose or effect of substantially interfering |
| 24 | | with a student's educational performance or creating an |
| 25 | | intimidating, hostile, or offensive educational environment. |
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| 1 | | (b) In the event of the death by suicide of a student |
| 2 | | enrolled in a school district, the school district shall |
| 3 | | initiate a complete and transparent investigation to determine |
| 4 | | whether bullying or harassment related to the educational |
| 5 | | environment played a contributing role. The investigation |
| 6 | | shall be initiated no later than 10 school days after the |
| 7 | | school district becomes aware of the death. |
| 8 | | (c) The investigation shall include, but is not limited |
| 9 | | to: |
| 10 | | (1) a review of bullying, harassment, discipline, |
| 11 | | attendance, counseling, and incident records concerning |
| 12 | | the student; |
| 13 | | (2) interviews with relevant administrators, teachers, |
| 14 | | counselors, staff, and, if appropriate, students; |
| 15 | | (3) a review of complaints or reports made by the |
| 16 | | student or the student's parent or guardian; |
| 17 | | (4) an assessment of the school district's compliance |
| 18 | | with its policy on bullying under Section 22-110; and |
| 19 | | (5) identification of any failures to intervene or |
| 20 | | enforce existing policies. |
| 21 | | Employees of the school district shall fully cooperate |
| 22 | | with the investigation. |
| 23 | | Relevant records shall be preserved and may not be |
| 24 | | destroyed, altered, or withheld during the investigation. |
| 25 | | (d) Upon completion of an investigation under subsection |
| 26 | | (b), the school district shall prepare a written investigative |
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| 1 | | report summarizing its findings, conclusions, and recommended |
| 2 | | corrective actions. The report shall be provided to: |
| 3 | | (1) the deceased student's parent or guardian, subject |
| 4 | | to applicable privacy laws; and |
| 5 | | (2) the State Board of Education. |
| 6 | | A redacted version of the report, removing personally |
| 7 | | identifiable student information, shall be made available to |
| 8 | | the public upon request. |
| 9 | | The State Board of Education may review the report for |
| 10 | | compliance with this Section and may require a corrective |
| 11 | | action plan or an additional review if deficiencies are |
| 12 | | identified. |
| 13 | | Section 95. No acceleration or delay. Where this Act makes |
| 14 | | changes in a statute that is represented in this Act by text |
| 15 | | that is not yet or no longer in effect (for example, a Section |
| 16 | | represented by multiple versions), the use of that text does |
| 17 | | not accelerate or delay the taking effect of (i) the changes |
| 18 | | made by this Act or (ii) provisions derived from any other |
| 19 | | Public Act. |