HB5427 98TH GENERAL ASSEMBLY

LRB098 17207 NHT 52299 b

98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB5427

Introduced , by Rep. John M. Cabello

SYNOPSIS AS INTRODUCED:

See Index

Amends the State Finance Act, the School Code, and the Board of Higher Education Act. Sets forth provisions concerning staff instruction in suicide prevention; an annual report on violence, vandalism, and harassment, intimidation, or bullying; a guidance document for student harassment, intimidation, and bullying complaints; an online tutorial on harassment, intimidation, and bullying; school board training on harassment, intimidation, and bullying; an educator licensure program on harassment, intimidation, and bullying prevention; the reporting, by school employees, of acts of violence, vandalism, and harassment, intimidation, or bullying; causes for suspension or expulsion of pupils; a school district policy and a public institution of higher education policy prohibiting harassment, intimidation, or bullying; a prohibition on reprisals, retaliation, and false accusations; the establishment of bullying prevention programs; the appointment of a school anti-bullying specialist and a district anti-bullying coordinator; the formation of school safety teams; the establishment of a formal protocol for investigating a complaint; and the creation of the Bullying Prevention Fund. Effective June 1, 2015.

FISCAL NOTE ACT MAY APPLY

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

A BILL FOR

AN ACT concerning education.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The State Finance Act is amended by adding Section 5.855 as follows:

(30 ILCS 105/5.855 new)

Sec. 5.855. The Bullying Prevention Fund.

Section 10. The School Code is amended by adding Sections 2-3.160, 2-3.165, 2-3.170, 2-3.175, 21B-28, 22-80.5, 22-80.10, 22-80.15, 22-80.20, 22-80.25, 22-80.30, 22-80.35, 22-80.40, 22-80.45, and 22-80.50 and by changing Sections 10-16a, 10-22.6, 27-23.7, 34-3.2, 34-18.7, and 34-19 as follows:

(105 ILCS 5/2-3.160 new)

Sec. 2-3.160. Instruction in suicide prevention for public school teaching staff. The State Board of Education, in consultation with the Illinois Suicide Prevention Alliance, shall, as part of professional development, require each public school teaching staff member to complete at least 2 hours of instruction in suicide prevention, to be provided by a licensed health care professional with training and experience in mental health issues, in each professional development period. The instruction in suicide prevention shall include information on the relationship between the risk of suicide and incidents of harassment, intimidation, and bullying and information on reducing the risk of suicide in students who are members of communities identified as having members at high risk of suicide.

(105 ILCS 5/2-3.165 new)

Sec. 2-3.165. Report on violence, vandalism, and harassment, intimidation, or bullying in public schools. The State Board of Education shall, each year, submit a report to the General Assembly detailing the extent of violence, vandalism, and harassment, intimidation, or bullying in the public schools and making recommendations to alleviate the problem. The report shall be made available annually to the public no later than October 1 and shall be posted on the State Board of Education's Internet website.

(105 ILCS 5/2-3.170 new)

Sec. 2-3.170. Guidance document; student harassment, intimidation, and bullying complaints.

(a) The State Board of Education, in consultation with the Department of Human Rights, shall develop a guidance document for use by parents or guardians, students, and school districts to assist in resolving complaints concerning student harassment, intimidation, or bullying behaviors and the implementation of Sections 22-80.5 through 22-80.40 of this Code by school districts. The document shall include:

(1) a school district's obligations under this amendatory Act of the 98th General Assembly;

(2) best practices for the prevention, intervention, and remediation of harassment, intimidation, or bullying in schools, including methods to identify and assist student populations at high risk for harassment, intimidation, or bullying;

(3) a clear explanation of the procedures for petitioning the State Superintendent of Education to hear and decide disputes;

(4) a clear explanation of the Department of Human Rights' jurisdiction and services in regard to specific types of harassment, intimidation, or bullying; and

(5) a clear explanation of the process for appealing final agency determinations.

(b) The guidance document shall be available on the State Board of Education's and the Department of Human Rights' Internet websites and on every school district's Internet website at an easily accessible location.

(105 ILCS 5/2-3.175 new)

Sec. 2-3.175. Online tutorial on harassment, intimidation, and bullying. The State Superintendent of Education shall develop, in consultation with the Department of Human Rights, and make available on the State Board of Education's Internet website an online tutorial on harassment, intimidation, and bullying. The online tutorial shall, at a minimum, include best practices in the prevention of harassment, intimidation, and bullying, applicable laws, and such other information that the State Superintendent of Education determines to be appropriate. The online tutorial shall be accompanied by a test to assess a person's understanding of the information provided in the tutorial.

(105 ILCS 5/10-16a)

Sec. 10-16a. School board member member's leadership training.

(a) This Section applies to all school board members serving pursuant to Section 10-10 of this Code who have been elected after the effective date of this amendatory Act of the 97th General Assembly or appointed to fill a vacancy of at least one year's duration after the effective date of this amendatory Act of the 97th General Assembly.

(b) Every voting member of a school board of a school district elected or appointed for a term beginning after the effective date of this amendatory Act of the 97th General Assembly, within a year after the effective date of this amendatory Act of the 97th General Assembly or the first year of his or her first term, shall complete a minimum of 4 hours of professional development leadership training covering topics in education and labor law, financial oversight and accountability, and fiduciary responsibilities of a school board member. The school district shall maintain on its Internet website, if any, the names of all voting members of the school board who have successfully completed the training.

(c) The training on financial oversight, accountability, and fiduciary responsibilities may be provided by an association established under this Code for the purpose of training school board members or by other qualified providers approved by the State Board of Education, in consultation with an association so established.

(d) Each member of a school board shall receive training on harassment, intimidation, and bullying in schools. The training on harassment, intimidation, and bullying in schools shall be provided by the Illinois Association of School Boards, in consultation with recognized experts in school bullying from a cross section of academia, child advocacy organizations, nonprofit organizations, professional associations, and government agencies.

(Source: P.A. 97-8, eff. 6-13-11.)

(105 ILCS 5/10-22.6) (from Ch. 122, par. 10-22.6)

Sec. 10-22.6. Suspension or expulsion of pupils; school searches.

(a) To expel pupils guilty of gross disobedience or misconduct, including gross disobedience or misconduct perpetuated by electronic means, and no action shall lie against them for such expulsion. Expulsion shall take place only after the parents have been requested to appear at a meeting of the board, or with a hearing officer appointed by it, to discuss their child's behavior. Such request shall be made by registered or certified mail and shall state the time, place and purpose of the meeting. The board, or a hearing officer appointed by it, at such meeting shall state the reasons for dismissal and the date on which the expulsion is to become effective. If a hearing officer is appointed by the board he shall report to the board a written summary of the evidence heard at the meeting and the board may take such action thereon as it finds appropriate. An expelled pupil may be immediately transferred to an alternative program in the manner provided in Article 13A or 13B of this Code. A pupil must not be denied transfer because of the expulsion, except in cases in which such transfer is deemed to cause a threat to the safety of students or staff in the alternative program.

(b) To suspend or by policy to authorize the superintendent of the district or the principal, assistant principal, or dean of students of any school to suspend pupils guilty of gross disobedience or misconduct, or to suspend pupils guilty of gross disobedience or misconduct on the school bus from riding the school bus, and no action shall lie against them for such suspension. The board may by policy authorize the superintendent of the district or the principal, assistant principal, or dean of students of any school to suspend pupils guilty of such acts for a period not to exceed 10 school days. If a pupil is suspended due to gross disobedience or misconduct on a school bus, the board may suspend the pupil in excess of 10 school days for safety reasons. Any suspension shall be reported immediately to the parents or guardian of such pupil along with a full statement of the reasons for such suspension and a notice of their right to a review. The school board must be given a summary of the notice, including the reason for the suspension and the suspension length. Upon request of the parents or guardian the school board or a hearing officer appointed by it shall review such action of the superintendent or principal, assistant principal, or dean of students. At such review the parents or guardian of the pupil may appear and discuss the suspension with the board or its hearing officer. If a hearing officer is appointed by the board he shall report to the board a written summary of the evidence heard at the meeting. After its hearing or upon receipt of the written report of its hearing officer, the board may take such action as it finds appropriate. A pupil who is suspended in excess of 20 school days may be immediately transferred to an alternative program in the manner provided in Article 13A or 13B of this Code. A pupil must not be denied transfer because of the suspension, except in cases in which such transfer is deemed to cause a threat to the safety of students or staff in the alternative program.

(c) The Department of Human Services shall be invited to send a representative to consult with the board at such meeting whenever there is evidence that mental illness may be the cause for expulsion or suspension.

(d) The board may expel a student for a definite period of time not to exceed 2 calendar years, as determined on a case by case basis. A student who is determined to have brought one of the following objects to school, any school-sponsored activity or event, or any activity or event that bears a reasonable relationship to school shall be expelled for a period of not less than one year:

(1) A firearm. For the purposes of this Section, "firearm" means any gun, rifle, shotgun, weapon as defined by Section 921 of Title 18 of the United States Code, firearm as defined in Section 1.1 of the Firearm Owners Identification Card Act, or firearm as defined in Section 24-1 of the Criminal Code of 2012. The expulsion period under this subdivision (1) may be modified by the superintendent, and the superintendent's determination may be modified by the board on a case-by-case basis.

(2) A knife, brass knuckles or other knuckle weapon regardless of its composition, a billy club, or any other object if used or attempted to be used to cause bodily harm, including "look alikes" of any firearm as defined in subdivision (1) of this subsection (d). The expulsion requirement under this subdivision (2) may be modified by the superintendent, and the superintendent's determination may be modified by the board on a case-by-case basis. Expulsion or suspension shall be construed in a manner consistent with the Federal Individuals with Disabilities Education Act. A student who is subject to suspension or expulsion as provided in this Section may be eligible for a transfer to an alternative school program in accordance with Article 13A of the School Code. The provisions of this subsection (d) apply in all school districts, including special charter districts and districts organized under Article 34.

(d-5) The board may suspend or by regulation authorize the superintendent of the district or the principal, assistant principal, or dean of students of any school to suspend a student for a period not to exceed 10 school days or may expel a student for a definite period of time not to exceed 2 calendar years, as determined on a case by case basis, if (i) that student has been determined to have made an explicit threat on an Internet website against a school employee, a student, or any school-related personnel, (ii) the Internet website through which the threat was made is a site that was accessible within the school at the time the threat was made or was available to third parties who worked or studied within the school grounds at the time the threat was made, and (iii) the threat could be reasonably interpreted as threatening to the safety and security of the threatened individual because of his or her duties or employment status or status as a student inside the school. The provisions of this subsection (d-5) apply in all school districts, including special charter districts and districts organized under Article 34 of this Code.

(d-10) A student may also be suspended or expelled for those reasons specified under Section 22-80.15 of this Code.

(e) To maintain order and security in the schools, school authorities may inspect and search places and areas such as lockers, desks, parking lots, and other school property and equipment owned or controlled by the school, as well as personal effects left in those places and areas by students, without notice to or the consent of the student, and without a search warrant. As a matter of public policy, the General Assembly finds that students have no reasonable expectation of privacy in these places and areas or in their personal effects left in these places and areas. School authorities may request the assistance of law enforcement officials for the purpose of conducting inspections and searches of lockers, desks, parking lots, and other school property and equipment owned or controlled by the school for illegal drugs, weapons, or other illegal or dangerous substances or materials, including searches conducted through the use of specially trained dogs. If a search conducted in accordance with this Section produces evidence that the student has violated or is violating either the law, local ordinance, or the school's policies or rules, such evidence may be seized by school authorities, and disciplinary action may be taken. School authorities may also turn over such evidence to law enforcement authorities. The provisions of this subsection (e) apply in all school districts, including special charter districts and districts organized under Article 34.

(f) Suspension or expulsion may include suspension or expulsion from school and all school activities and a prohibition from being present on school grounds.

(g) A school district may adopt a policy providing that if a student is suspended or expelled for any reason from any public or private school in this or any other state, the student must complete the entire term of the suspension or expulsion in an alternative school program under Article 13A of this Code or an alternative learning opportunities program under Article 13B of this Code before being admitted into the school district if there is no threat to the safety of students or staff in the alternative program. This subsection (g) applies to all school districts, including special charter districts and districts organized under Article 34 of this Code.

(Source: P.A. 96-633, eff. 8-24-09; 96-998, eff. 7-2-10; 97-340, eff. 1-1-12; 97-495, eff. 1-1-12; 97-813, eff. 7-13-12; 97-1150, eff. 1-25-13.)

(105 ILCS 5/21B-28 new)

Sec. 21B-28. Harassment, intimidation, and bullying prevention program and professional development required.

(a) All candidates for professional educator licensure who have completed an approved educator preparation program shall satisfactorily complete a program on harassment, intimidation, and bullying prevention.

(b) All candidates for educator licensure with stipulations with an alternative provisional educator endorsement shall, within one year of being employed, satisfactorily complete a program on harassment, intimidation, and bullying prevention.

(c) All candidates for general administrative, principal, and superintendent endorsements shall have satisfactorily completed a program on harassment, intimidation, and bullying prevention.

(d) The State Board of Education shall establish the appropriate requirements of the program on harassment, intimidation, and bullying prevention.

(e) The State Board of Education shall, as part of the professional development for public school teachers, require each public school teacher to complete at least 2 hours of instruction on harassment, intimidation, or bullying prevention in each professional development period.

(105 ILCS 5/22-80.5 new)

Sec. 22-80.5. Harassment, intimidation, and bullying prevention requirements; application.

(a) Sections 22-80.10 through 22-80.50 of this Code apply only to public schools and school districts. Nonpublic schools are encouraged to comply with Sections 22-80.10 through 22-80.45 of this Code. In the case of a faith-based nonpublic school, no provision of this Section shall be interpreted to prohibit or abridge the legitimate statement, expression, or free exercise of the beliefs or tenets of that faith by the religious organization operating the school or by the school's faculty, staff, or student body.

(b) Nothing contained in Sections 22-80.10 through 22-80.50 of this Code shall alter or reduce the rights of a student with a disability with regard to disciplinary actions or to general or special educational services and supports.

(c) Nothing contained in Sections 22-80.10 through 22-80.50 of this Code shall be construed as affecting the provisions of any collective bargaining agreement or individual contract of employment in effect on the effective date of this amendatory Act of the 98th General Assembly.

(105 ILCS 5/22-80.10 new)

Sec. 22-80.10. Harassment, intimidation, and bullying prevention; reporting of acts by school employees.

(a) Any school employee observing or having direct knowledge from a participant or victim of an act of violence, vandalism, or harassment, intimidation, or bullying shall, in accordance with standards established by the State Superintendent of Education, file a report describing the incident to the school principal in a manner prescribed by the State Superintendent of Education, and a copy of the report shall be forwarded to the district superintendent.

The principal shall notify the district superintendent of the action taken regarding the incident. Two times each school year, between September 1 and January 1 and between January 1 and June 30, at a public hearing, the superintendent shall report to the school board all acts of violence, vandalism, and harassment, intimidation, or bullying that occurred during the previous reporting period. The report shall include the number of reports of harassment, intimidation, or bullying, the status of all investigations, the nature of the bullying, the names of the investigators, the type and nature of any discipline imposed on any student engaged in harassment, intimidation, or bullying, and any other measures imposed, training conducted, or programs implemented to reduce harassment, intimidation, or bullying. The information shall also be reported once during each reporting period to the State Board of Education. The report must include data broken down by each school in the district, in addition to district-wide data. It shall be a violation to improperly release any confidential information not authorized by federal or State law for public release.

(b) The report under subsection (a) of this Section shall be used to grade each school for the purpose of assessing its effort to implement policies and programs consistent with the provisions of Sections 22-80.20 and 22-80.30 of this Code. The district shall receive a grade determined by averaging the grades of all the schools in the district. The State Superintendent of Education shall promulgate guidelines for a program to grade schools for the purposes of this Section.

The grade received by a school and the district shall be posted on the homepage of the school's Internet website. The grade for the district and each school of the district shall be posted on the homepage of the district's Internet website. A link to the report shall be available on the district's Internet website. The information shall be posted on the Internet websites within 10 days after the receipt of a grade by the school and district.

(c) Verification of the reports on violence, vandalism, and harassment, intimidation, or bullying shall be part of this State's monitoring of the school district, and the State Board of Education shall adopt rules that impose a penalty on a school employee who knowingly falsifies the report. A school board shall provide ongoing staff training, in cooperation with the State Board of Education, in fulfilling the reporting requirements pursuant to this Section. The majority representative of the school employees shall have access monthly to the number and disposition of all reported acts of school violence, vandalism, and harassment, intimidation, or bullying.

(d) It shall be unlawful for any school board to discharge or in any manner discriminate against a school employee as to his or her employment because the employee had filed a report pursuant to this Section. Any employee discriminated against shall be restored to his or her employment and shall be compensated by the school board for any loss of wages arising out of the discrimination; however, if the employee shall cease to be qualified to perform the duties of his or her employment, he or she shall not be entitled to restoration and compensation.

(105 ILCS 5/22-80.15 new)

Sec. 22-80.15. Harassment, intimidation, and bullying prevention; cause for suspension or expulsion of pupils.

(a) In this Section:

"Electronic communication" means a communication transmitted by means of an electronic device, including, but not limited to, a telephone, cellular phone, computer, or pager.

"Harassment, intimidation, or bullying" means any gesture, any written, verbal, or physical act, or any electronic communication, whether it be a single incident or a series of incidents, that is reasonably perceived as being motivated either by any actual or perceived characteristic, such as race, color, religion, ancestry, national origin, gender, sexual orientation, gender identity and expression, or a mental, physical, or sensory disability, or by any other distinguishing characteristic, that takes place on school property, at any school-sponsored function, on a school bus, or off school grounds, that substantially disrupts or interferes with the orderly operation of the school or the rights of other students, and that:

(1) a reasonable person should know, under the circumstances, will have the effect of physically or emotionally harming a student or damaging the student's property or placing a student in reasonable fear of physical or emotional harm to his or her person or damage to his or her property;

(2) has the effect of insulting or demeaning any student or group of students; or

(3) creates a hostile educational environment for the student by interfering with a student's education or by severely or pervasively causing physical or emotional harm to the student.

(b) Any pupil who is guilty of continued and willful disobedience or of open defiance of the authority of any teacher or person having authority over him or her or of the habitual use of profanity or of obscene language or who shall cut, deface, or otherwise injure any school property shall be liable to punishment and to suspension or expulsion from school.

Conduct which shall constitute good cause for suspension or expulsion of a pupil guilty of such conduct shall include, but not be limited to, any of the following:

(1) Continued and willful disobedience.

(2) Open defiance of the authority of any teacher or person having authority over him or her.

(3) Conduct of such character as to constitute a continuing danger to the physical well-being of other pupils.

(4) Physical assault upon another pupil.

(5) Taking or attempting to take personal property or money from another pupil or from his or her presence by means of force or fear.

(6) Willfully causing or attempting to cause substantial damage to school property.

(7) Participation in an unauthorized occupancy by any group of pupils or others of any part of any school or other building owned by any school district, and failure to leave such school or other facility promptly after having been directed to do so by the principal or other person then in charge of such building or facility.

(8) Incitement that is intended to and does result in unauthorized occupation by any group of pupils or others of any part of a school or other facility owned by any school district.

(9) Incitement that is intended to and does result in truancy by other pupils.

(10) Knowing possession or knowing consumption without legal authority of alcoholic beverages or controlled dangerous substances on school premises or being under the influence of intoxicating liquor or controlled dangerous substances while on school premises.

(11) Harassment, intimidation, or bullying.

(105 ILCS 5/22-80.20 new)

Sec. 22-80.20. Adoption of policy prohibiting harassment, intimidation, or bullying.

(a) Each school district shall adopt a policy prohibiting harassment, intimidation, or bullying on school property, at a school-sponsored function, or on a school bus. The school district shall adopt the policy through a process that includes representation of parents or guardians, school employees, volunteers, students, administrators, and community representatives.

(b) A school district shall have local control over the content of the policy, except that the policy shall contain, at a minimum, all of the following components:

(1) A statement prohibiting harassment, intimidation or bullying of a student.

(2) A definition of harassment, intimidation, or bullying no less inclusive than that set forth in Section 22-80.15 of this Code.

(3) A description of the type of behavior expected from each student.

(4) Consequences and appropriate remedial action for a person who commits an act of harassment, intimidation, or bullying.

(5) A procedure for reporting an act of harassment, intimidation, or bullying, including a provision that permits a person to report an act of harassment, intimidation, or bullying anonymously; however, this shall not be construed to permit formal disciplinary action solely on the basis of an anonymous report. All acts of harassment, intimidation, or bullying shall be reported verbally to the school principal on the same day when the school employee or contracted service provider witnessed or received reliable information regarding any such incident. The principal shall inform the parents or guardians of all students involved in the alleged incident and may discuss, as appropriate, the availability of counseling and other intervention services. All acts of harassment, intimidation, or bullying shall be reported in writing to the school principal within 2 school days of when the school employee or contracted service provider witnessed or received reliable information that a student had been subject to harassment, intimidation, or bullying.

(6) A procedure for prompt investigation of reports of violations and complaints, which procedure shall, at a minimum, provide all of the following:

(A) The investigation shall be initiated by the principal or the principal's designee within one school day after the report of the incident and shall be conducted by a school anti-bullying specialist. The principal may appoint additional personnel who are not school anti-bullying specialists to assist in the investigation. The investigation shall be completed as soon as possible, but not later than 10 school days from the date of the written report of the incident of harassment, intimidation, or bullying. In the event that there is information relative to the investigation that is anticipated but not yet received by the end of the 10-day period, the school anti-bullying specialist may amend the original report of the results of the investigation to reflect the information.

(B) The results of the investigation shall be reported to the district superintendent within 2 school days after the completion of the investigation, and, in accordance with rules adopted by the State Board of Education, the superintendent may decide to provide intervention services, establish training programs to reduce harassment, intimidation, or bullying and enhance school climate, impose discipline, order counseling as a result of the findings of the investigation, or take or recommend other appropriate action.

(C) The results of each investigation shall be reported to the school board no later than the date of the school board meeting next following the completion of the investigation, along with information on any services provided, training established, discipline imposed, or other action taken or recommended by the superintendent.

(D) Parents or guardians of the students who are parties to the investigation shall be entitled to receive information about the investigation, in accordance with federal and State laws and rules, including the nature of the investigation, whether the district found evidence of harassment, intimidation, or bullying, or whether discipline was imposed or services provided to address the incident of harassment, intimidation, or bullying. This information shall be provided in writing within 5 school days after the results of the investigation are reported to the school board. A parent or guardian may request a hearing before the school board after receiving the information, and the hearing shall be held within 10 days after the request. The school board shall meet in executive session for the hearing to protect the confidentiality of the students. At the hearing, the school board may hear from the school anti-bullying specialist about the incident, recommendations for discipline or services, and any programs instituted to reduce such incidents.

(E) At the next school board meeting following its receipt of the report, the school board shall issue a decision, in writing, to affirm, reject, or modify the superintendent's decision. The school board's decision may be appealed to the State Superintendent of Education, in accordance with procedures set forth in laws and rules, no later than 90 days after the issuance of the school board's decision.

(F) A parent, student, guardian, or organization may file a complaint with the Department of Human Rights within 180 days after the occurrence of any incident of harassment, intimidation, or bullying based on membership in a protected group.

(7) The range of ways in which a school will respond once an incident of harassment, intimidation or bullying is identified, which shall be defined by the principal in conjunction with the school anti-bullying specialist, but shall include an appropriate combination of services that are available within the district, such as counseling, support services, intervention services, and other programs, as defined by the State Superintendent of Education. In the event that the necessary programs and services are not available within the district, the district may apply to the State Board of Education for a grant from the Bullying Prevention Fund established pursuant to Section 22-80.50 of this Code to support the provision of out-of-district programs and services.

(8) A statement that prohibits reprisal or retaliation against any person who reports an act of harassment, intimidation, or bullying and the consequence and appropriate remedial action for a person who engages in reprisal or retaliation.

(9) Consequences and appropriate remedial action for a person found to have falsely accused another as a means of retaliation or as a means of harassment, intimidation, or bullying.

(10) A statement of how the policy is to be publicized, including notice that the policy applies to participation in school-sponsored functions.

(11) A requirement that a link to the policy be prominently posted on the home page of the school district's Internet website and distributed annually to parents and guardians who have children enrolled in a school in the school district.

(12) A requirement that the name, school phone number, school address, and school e-mail address of the district anti-bullying coordinator be listed on the home page of the school district's Internet website and that on the home page of each school's Internet website the name, school phone number, school address, and school e-mail address of the school anti-bullying specialist and the district anti-bullying coordinator be listed. The information concerning the district anti-bullying coordinator and the school anti-bullying specialists shall also be maintained on the State Board of Education's Internet website.

(c) Information regarding the school district policy against harassment, intimidation, or bullying shall be incorporated into a school's employee training program and shall be provided to full-time and part-time staff, volunteers who have significant contact with students, and those persons contracted by the district to provide services to students.

(d) The policy adopted by each school district pursuant to this Section shall include provisions for appropriate responses to harassment, intimidation, or bullying, as defined in Section 22-80.15 of this Code, that occurs off school grounds, in cases in which a school employee is made aware of such actions. The responses to harassment, intimidation, or bullying that occurs off school grounds shall be consistent with the school board's code of student conduct and other provisions of the school board's policy on harassment, intimidation, or bullying.

(105 ILCS 5/22-80.25 new)

Sec. 22-80.25. Victim of or witness to act of harassment, intimidation, or bullying; reprisal, retaliation, and false accusation prohibited.

(a) A member of a school board, school employee, student, or school volunteer may not engage in reprisal, retaliation, or false accusation against a victim, witness, or one with reliable information about an act of harassment, intimidation, or bullying.

(b) A member of a school board, school employee, contracted service provider, student, or school volunteer who has witnessed or has reliable information that a student has been subject to harassment, intimidation, or bullying shall report the incident to the appropriate school official designated by the school district's policy under Section 22-80.20 of this Code or to any school administrator or safe schools resource officer, who shall immediately initiate the school district's procedures concerning school bullying.

(c) A member of a school board or a school employee who promptly reports an incident of harassment, intimidation, or bullying to the appropriate school official designated by the school district's policy under Section 22-80.20 of this Code or to any school administrator or safe schools resource officer and who makes this report in compliance with the procedures in the district's policy is immune from a cause of action for damages arising from any failure to remedy the reported incident.

(d) A school administrator who receives a report of harassment, intimidation, or bullying from a district employee and fails to initiate or conduct an investigation or who should have known of an incident of harassment, intimidation, or bullying and fails to take sufficient action to minimize or eliminate the harassment, intimidation, or bullying may be subject to disciplinary action.

(105 ILCS 5/22-80.30 new)

Sec. 22-80.30. Establishment of bullying prevention programs.

(a) Schools and school districts shall annually establish, implement, document, and assess bullying prevention programs or approaches and other initiatives involving school staff, students, administrators, school volunteers, parents, law enforcement, and community members. The programs or approaches shall be designed to create school-wide conditions to prevent and address harassment, intimidation, and bullying.

A school district may implement bullying prevention programs and approaches that may be available at no cost from the State Board of Education or any other entity. A school district may, at its own discretion, implement bullying prevention programs and approaches that impose a cost on the district. A school district may apply to the State Board of Education for a grant to be used for programs, approaches, or personnel under this Section, to the extent funds are appropriated for these purposes or funds are made available through the Bullying Prevention Fund established pursuant to Section 22-80.50 of this Code. A school district may make an application for a grant only after exploring bullying prevention programs and approaches that are available at no cost and making an affirmative demonstration of that exploration in its grant application.

(b) A school district shall:

(1) provide training on the school district's harassment, intimidation, or bullying policies to school employees and volunteers who have significant contact with students;

(2) ensure that the training includes instruction on preventing bullying on the basis of protected categories and other distinguishing characteristics that may incite incidents of discrimination, harassment, intimidation, or bullying; and

(3) develop a process for discussing the district's harassment, intimidation, or bullying policy with students.

A school district may satisfy the training required pursuant to this subsection (b) by utilizing training that may be provided at no cost by the State Board of Education or any other entity. A school district may, at its own discretion, implement a training program that imposes a cost on the district.

(105 ILCS 5/22-80.35 new)

Sec. 22-80.35. School anti-bullying specialists and coordinators.

(a) The principal in each school in a school district shall appoint a school anti-bullying specialist. When a school guidance counselor, school psychologist, or another individual similarly trained is currently employed in the school, the principal shall appoint that individual to be the school anti-bullying specialist. If no individual meeting this criteria is currently employed in the school, the principal shall appoint a school anti-bullying specialist from currently employed school personnel. The school anti-bullying specialist shall:

(1) chair the school safety team as provided in Section 22-80.40 of this Code;

(2) lead the investigation of incidents of harassment, intimidation, and bullying in the school; and

(3) act as the primary school official responsible for preventing, identifying, and addressing incidents of harassment, intimidation, and bullying in the school.

(b) The district superintendent shall appoint a district anti-bullying coordinator. The superintendent shall make every effort to appoint an employee of the school district to this position. The district anti-bullying coordinator shall:

(1) be responsible for coordinating and strengthening the school district's policies to prevent, identify, and address harassment, intimidation, and bullying of students;

(2) collaborate with school anti-bullying specialists in the district, the school board, and the superintendent of schools to prevent, identify, and respond to harassment, intimidation, and bullying of students in the district;

(3) provide data, in collaboration with the superintendent, to the State Board of Education regarding harassment, intimidation, and bullying of students; and

(4) execute such other duties related to school harassment, intimidation, and bullying as requested by the superintendent.

(c) The district anti-bullying coordinator shall meet at least twice a school year with the school anti-bullying specialists in the district to discuss and strengthen procedures and policies to prevent, identify, and address harassment, intimidation, and bullying in the district.

(d) The State Superintendent of Education, in consultation with recognized experts in school bullying from a cross section of academia, child advocacy organizations, nonprofit organizations, professional associations, and government agencies, shall establish inservice workshops and training programs to train selected public school employees to act as district anti-bullying coordinators and school anti-bullying specialists. The State Superintendent of Education shall seek to make the workshops and training programs available and administered online through the State Board of Education's Internet website or other existing online resources. The State Superintendent of Education shall evaluate the effectiveness of the consulting group on an annual basis. The inservice training programs may utilize regional offices of education or such other institutions, agencies, or persons as the State Superintendent of Education deems appropriate. Each school board shall provide time for the inservice training during the usual school schedule in order to ensure that appropriate personnel are prepared to act in the district as district anti-bullying coordinators and school anti-bullying specialists.

Upon completion of the initial inservice training program, the State Superintendent of Education shall ensure that programs and workshops that reflect the most current information on harassment, intimidation, and bullying in schools are prepared and made available to district anti-bullying coordinators and school anti-bullying specialists at regular intervals.

(105 ILCS 5/22-80.40 new)

Sec. 22-80.40. School safety teams.

(a) A school district shall form a school safety team in each school in the district to develop, foster, and maintain a positive school climate by focusing on the on-going, systemic process and practices in the school and to address school climate issues such as harassment, intimidation, or bullying. A school safety team shall meet at least 2 times per school year.

(b) A school safety team shall consist of the principal or his or her designee, who, if possible, shall be a senior administrator in the school, and the following appointees of the principal:

(1) a teacher in the school;

(2) a school anti-bullying specialist;

(3) a parent of a student in the school; and

(4) other members to be determined by the principal.

The school anti-bullying specialist shall serve as the chairperson of the school safety team.

(c) The school safety team shall:

(1) receive any complaints of harassment, intimidation, or bullying of students that have been reported to the principal;

(2) receive copies of any report prepared after an investigation of an incident of harassment, intimidation, or bullying;

(3) identify and address patterns of harassment, intimidation, or bullying of students in the school;

(4) review and strengthen the school climate and the policies of the school in order to prevent and address harassment, intimidation, or bullying of students;

(5) educate the community, including students, teachers, administrative staff, and parents, to prevent and address harassment, intimidation, or bullying of students;

(6) participate in the training required pursuant to Section 22-80.35 of this Code and other training that the principal or the district anti-bullying coordinator may request;

(7) collaborate with the district anti-bullying coordinator in the collection of district-wide data and in the development of district policies to prevent and address harassment, intimidation, or bullying of students; and

(8) execute such other duties related to harassment, intimidation, and bullying as requested by the principal or district anti-bullying coordinator.

(d) The members of a school safety team shall be provided professional development opportunities that address effective practices of successful school climate programs or approaches.

(e) Notwithstanding any provision of this Section to the contrary, a parent who is a member of the school safety team shall not participate in the activities of the team set forth in subdivisions (1), (2), or (3) of subsection (c) of this Section or any other activities of the team that may compromise the confidentiality of a student.

(105 ILCS 5/22-80.45 new)

Sec. 22-80.45. Harassment, intimidation, and bullying prevention; establishment of formal protocol for investigating a complaint.

(a) The State Superintendent of Education shall establish a formal protocol pursuant to which the regional superintendent of schools shall investigate a complaint that documents an allegation of a violation of any of the provisions of Sections 22-80.10 through 22-80.40 of this Code by a school district located within the educational service region if the complaint has not been adequately addressed on the local level. The regional superintendent of schools shall report his or her findings and, if appropriate, issue an order for the school district to develop and implement corrective actions that are specific to the facts of the case.

(b) The State Superintendent of Education shall ensure that the personnel of regional offices of education who are responsible for conducting the investigations receive training and technical support on the use of the complaint investigation protocol.

(105 ILCS 5/22-80.50 new)

Sec. 22-80.50. Bullying Prevention Fund. The Bullying Prevention Fund is created as a special fund in the State treasury. All money in the Fund shall be used, subject to appropriation, by the State Board of Education to offer grants to school districts to provide training on harassment, intimidation, and bullying prevention and on the effective creation of positive school climates and to help fund related personnel expenses. The Fund shall consist of (i) any moneys appropriated by this State for the purposes of the Fund, (ii) any moneys donated for the purposes of the Fund, and (iii) all interest earnings received on moneys in the fund.

(105 ILCS 5/27-23.7)

Sec. 27-23.7. Bullying prevention.

(a) The General Assembly finds that a safe and civil school environment is necessary for students to learn and achieve and that bullying causes physical, psychological, and emotional harm to students and interferes with students' ability to learn and participate in school activities. The General Assembly further finds that bullying has been linked to other forms of antisocial behavior, such as vandalism, shoplifting, skipping and dropping out of school, fighting, using drugs and alcohol, sexual harassment, and sexual violence. Because of the negative outcomes associated with bullying in schools, the General Assembly finds that school districts and non-public, non-sectarian elementary and secondary schools should educate students, parents, and school district or non-public, non-sectarian elementary or secondary school personnel about what behaviors constitute prohibited bullying.

Bullying on the basis of actual or perceived race, color, religion, sex, national origin, ancestry, age, marital status, physical or mental disability, military status, sexual orientation, gender-related identity or expression, unfavorable discharge from military service, association with a person or group with one or more of the aforementioned actual or perceived characteristics, or any other distinguishing characteristic is prohibited in all school districts and non-public, non-sectarian elementary and secondary schools. No student shall be subjected to bullying:

(1) during any school-sponsored education program or activity;

(2) while in school, on school property, on school buses or other school vehicles, at designated school bus stops waiting for the school bus, or at school-sponsored or school-sanctioned events or activities; or

(3) through the transmission of information from a school computer, a school computer network, or other similar electronic school equipment.

(b) In this Section:

"Bullying" means any severe or pervasive physical or verbal act or conduct, including communications made in writing or electronically, directed toward a student or students that has or can be reasonably predicted to have the effect of one or more of the following:

(1) placing the student or students in reasonable fear of harm to the student's or students' person or property;

(2) causing a substantially detrimental effect on the student's or students' physical or mental health;

(3) substantially interfering with the student's or students' academic performance; or

(4) substantially interfering with the student's or students' ability to participate in or benefit from the services, activities, or privileges provided by a school.

Bullying, as defined in this subsection (b), may take various forms, including without limitation one or more of the following: harassment, threats, intimidation, stalking, physical violence, sexual harassment, sexual violence, theft, public humiliation, destruction of property, or retaliation for asserting or alleging an act of bullying. This list is meant to be illustrative and non-exhaustive.

"School personnel" means persons employed by, on contract with, or who volunteer in a school district or non-public, non-sectarian elementary or secondary school, including without limitation school and school district administrators, teachers, school guidance counselors, school social workers, school counselors, school psychologists, school nurses, cafeteria workers, custodians, bus drivers, school resource officers, and security guards.

(c) (Blank).

(d) Each school district and non-public, non-sectarian elementary or secondary school shall create and maintain a policy on bullying, which policy must be filed with the State Board of Education. A school district must comply with Section 22-80.20 of this Code with respect to this policy on bullying. Each school district and non-public, non-sectarian elementary or secondary school must communicate its policy on bullying to its students and their parent or guardian on an annual basis. The policy must be updated every 2 years and filed with the State Board of Education after being updated. The State Board of Education shall monitor the implementation of policies created under this subsection (d).

(e) This Section shall not be interpreted to prevent a victim from seeking redress under any other available civil or criminal law. Nothing in this Section is intended to infringe upon any right to exercise free expression or the free exercise of religion or religiously based views protected under the First Amendment to the United States Constitution or under Section 3 or 4 of Article 1 of the Illinois Constitution.

(Source: P.A. 95-198, eff. 1-1-08; 95-349, eff. 8-23-07; 95-876, eff. 8-21-08; 96-952, eff. 6-28-10.)

(105 ILCS 5/34-3.2) (from Ch. 122, par. 34-3.2)

Sec. 34-3.2. Board training.

(a) After January 1, 1990 all board members shall participate in training provided by board employees or not-for-profit organizations, including without limitation the following:

1. budget and revenue review;

2. education theory and governance;

3. governmental relations;

4. school-based management; and

5. State and federal education law and regulations.

(b) Each member of the board shall receive training on harassment, intimidation, and bullying in schools. The training on harassment, intimidation, and bullying in schools shall be provided by the Illinois Association of School Boards, in consultation with recognized experts in school bullying from a cross section of academia, child advocacy organizations, nonprofit organizations, professional associations, and government agencies.

(Source: P.A. 85-1418; 86-1477.)

(105 ILCS 5/34-18.7) (from Ch. 122, par. 34-18.7)

Sec. 34-18.7. Adolescent and teen mental illness and suicide detection and intervention. School guidance counselors, teachers, school social workers, and other school personnel who work with pupils in grades 7 through 12 shall be trained to identify the warning signs of mental illness and suicidal behavior in adolescents and teens and shall be taught various intervention techniques. Such training shall be provided within the framework of existing in-service training programs offered by the Board or as part of the professional development required under Section 2-3.160 of this Code or the professional development activities required under Section 21B-45 21-14 of this Code.

(Source: P.A. 98-471, eff. 1-1-14.)

(105 ILCS 5/34-19) (from Ch. 122, par. 34-19)

Sec. 34-19. By-laws, rules and regulations; business transacted at regular meetings; voting; records. The board shall, subject to the limitations in this Article, establish by-laws, rules and regulations, which shall have the force of ordinances, for the proper maintenance of a uniform system of discipline for both employees and pupils, and for the entire management of the schools, and may fix the school age of pupils, the minimum of which in kindergartens shall not be under 4 years, except that, based upon an assessment of the child's readiness, children who have attended a non-public preschool and continued their education at that school through kindergarten, were taught in kindergarten by an appropriately certified teacher, and will attain the age of 6 years on or before December 31 of the year of the 2009-2010 school term and each school term thereafter may attend first grade upon commencement of such term, and in grade schools shall not be under 6 years. It may expel, suspend or, subject to the limitations of all policies established or adopted under Section 14-8.05, otherwise discipline any pupil found guilty of gross disobedience, misconduct or other violation of the by-laws, rules and regulations, including gross disobedience or misconduct perpetuated by electronic means or for those reasons specified under Section 22-80.15 of this Code. An expelled pupil may be immediately transferred to an alternative program in the manner provided in Article 13A or 13B of this Code. A pupil must not be denied transfer because of the expulsion, except in cases in which such transfer is deemed to cause a threat to the safety of students or staff in the alternative program. A pupil who is suspended in excess of 20 school days may be immediately transferred to an alternative program in the manner provided in Article 13A or 13B of this Code. A pupil must not be denied transfer because of the suspension, except in cases in which such transfer is deemed to cause a threat to the safety of students or staff in the alternative program. The bylaws, rules and regulations of the board shall be enacted, money shall be appropriated or expended, salaries shall be fixed or changed, and textbooks, electronic textbooks, and courses of instruction shall be adopted or changed only at the regular meetings of the board and by a vote of a majority of the full membership of the board; provided that notwithstanding any other provision of this Article or the School Code, neither the board or any local school council may purchase any textbook for use in any public school of the district from any textbook publisher that fails to furnish any computer diskettes as required under Section 28-21. Funds appropriated for textbook purchases must be available for electronic textbook purchases and the technological equipment necessary to gain access to and use electronic textbooks at the local school council's discretion. The board shall be further encouraged to provide opportunities for public hearing and testimony before the adoption of bylaws, rules and regulations. Upon all propositions requiring for their adoption at least a majority of all the members of the board the yeas and nays shall be taken and reported. The by-laws, rules and regulations of the board shall not be repealed, amended or added to, except by a vote of 2/3 of the full membership of the board. The board shall keep a record of all its proceedings. Such records and all by-laws, rules and regulations, or parts thereof, may be proved by a copy thereof certified to be such by the secretary of the board, but if they are printed in book or pamphlet form which are purported to be published by authority of the board they need not be otherwise published and the book or pamphlet shall be received as evidence, without further proof, of the records, by-laws, rules and regulations, or any part thereof, as of the dates thereof as shown in such book or pamphlet, in all courts and places where judicial proceedings are had.

Notwithstanding any other provision in this Article or in the School Code, the board may delegate to the general superintendent or to the attorney the authorities granted to the board in the School Code, provided such delegation and appropriate oversight procedures are made pursuant to board by-laws, rules and regulations, adopted as herein provided, except that the board may not delegate its authorities and responsibilities regarding (1) budget approval obligations; (2) rule-making functions; (3) desegregation obligations; (4) real estate acquisition, sale or lease in excess of 10 years as provided in Section 34-21; (5) the levy of taxes; or (6) any mandates imposed upon the board by "An Act in relation to school reform in cities over 500,000, amending Acts herein named", approved December 12, 1988 (P.A. 85-1418).

(Source: P.A. 96-864, eff. 1-21-10; 96-1403, eff. 7-29-10; 97-340, eff. 1-1-12; 97-495, eff. 1-1-12; 97-813, eff. 7-13-12.)

Section 15. The Board of Higher Education Act is amended by adding Section 9.34 as follows:

(110 ILCS 205/9.34 new)

Sec. 9.34. Require adoption of policy prohibiting harassment, intimidation, or bullying.

(a) The Board shall require all public institutions of higher education to adopt a policy, to be included in their student code of conduct, prohibiting harassment, intimidation, or bullying. The policy shall contain, at a minimum, all of the following:

(1) A statement prohibiting harassment, intimidation, or bullying.

(2) Disciplinary actions that may result if a student commits an act of harassment, intimidation, or bullying.

(3) A definition of harassment, intimidation, or bullying that, at a minimum, includes any gesture, any written, verbal, or physical act, or any electronic communication, whether it be a single incident or a series of incidents, that is reasonably perceived as being motivated either by any actual or perceived characteristic, such as race, color, religion, ancestry, national origin, gender, sexual orientation, gender identity and expression, or a mental, physical or sensory disability, or by any other distinguishing characteristic, that takes place on the property of the institution of higher education or at any function sponsored by the institution of higher education, that substantially disrupts or interferes with the orderly operation of the institution or the rights of other students, and that:

(A) a reasonable person should know, under the circumstances, will have the effect of physically or emotionally harming a student or damaging the student's property or placing a student in reasonable fear of physical or emotional harm to his or her person or damage to his or her property;

(B) has the effect of insulting or demeaning any student or group of students; or

(C) creates a hostile educational environment for the student by interfering with a student's education or by severely or pervasively causing physical or emotional harm to the student.

(b) Each public institution of higher education shall distribute the policy required under this Section by e-mail to each student within 7 days after the start of each semester and shall post the policy on its Internet website.

Section 99. Effective date. This Act takes effect June 1, 2015.