HB1157 EngrossedLRB102 03173 CMG 13186 b

1    AN ACT concerning education.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The School Code is amended by changing Section
527-23.7 as follows:
6    (105 ILCS 5/27-23.7)
7    Sec. 27-23.7. Bullying prevention.
8    (a) The General Assembly finds that a safe and civil
9school environment is necessary for students to learn and
10achieve and that bullying causes physical, psychological, and
11emotional harm to students and interferes with students'
12ability to learn and participate in school activities. The
13General Assembly further finds that bullying has been linked
14to other forms of antisocial behavior, such as vandalism,
15shoplifting, skipping and dropping out of school, fighting,
16using drugs and alcohol, sexual harassment, and sexual
17violence. Because of the negative outcomes associated with
18bullying in schools, the General Assembly finds that school
19districts, charter schools, and non-public, non-sectarian
20elementary and secondary schools should educate students,
21parents, and school district, charter school, or non-public,
22non-sectarian elementary or secondary school personnel about
23what behaviors constitute prohibited bullying.



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1    Bullying on the basis of actual or perceived race, color,
2religion, sex, national origin, ancestry, age, marital status,
3physical or mental disability, military status, sexual
4orientation, gender-related identity or expression,
5unfavorable discharge from military service, association with
6a person or group with one or more of the aforementioned actual
7or perceived characteristics, or any other distinguishing
8characteristic is prohibited in all school districts, charter
9schools, and non-public, non-sectarian elementary and
10secondary schools. No student shall be subjected to bullying:
11        (1) during any school-sponsored education program or
12    activity;
13        (2) while in school, on school property, on school
14    buses or other school vehicles, at designated school bus
15    stops waiting for the school bus, or at school-sponsored
16    or school-sanctioned events or activities;
17        (3) through the transmission of information from a
18    school computer, a school computer network, or other
19    similar electronic school equipment; or
20        (4) through the transmission of information from a
21    computer that is accessed at a nonschool-related location,
22    activity, function, or program or from the use of
23    technology or an electronic device that is not owned,
24    leased, or used by a school district or school if the
25    bullying causes a substantial disruption to the
26    educational process or orderly operation of a school. This



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1    item (4) applies only in cases in which a school
2    administrator or teacher receives a report that bullying
3    through this means has occurred and does not require a
4    district or school to staff or monitor any
5    nonschool-related activity, function, or program.
6    (a-5) Nothing in this Section is intended to infringe upon
7any right to exercise free expression or the free exercise of
8religion or religiously based views protected under the First
9Amendment to the United States Constitution or under Section 3
10of Article I of the Illinois Constitution.
11    (b) In this Section:
12    "Bullying" includes "cyber-bullying" and means any severe
13or pervasive physical or verbal act or conduct, including
14communications made in writing or electronically, directed
15toward a student or students that has or can be reasonably
16predicted to have the effect of one or more of the following:
17        (1) placing the student or students in reasonable fear
18    of harm to the student's or students' person or property;
19        (2) causing a substantially detrimental effect on the
20    student's or students' physical or mental health;
21        (3) substantially interfering with the student's or
22    students' academic performance; or
23        (4) substantially interfering with the student's or
24    students' ability to participate in or benefit from the
25    services, activities, or privileges provided by a school.
26    Bullying, as defined in this subsection (b), may take



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



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1that meets the following criteria:
2        (1) Includes the bullying definition provided in this
3    Section.
4        (2) Includes a statement that bullying is contrary to
5    State law and the policy of the school district, charter
6    school, or non-public, non-sectarian elementary or
7    secondary school and is consistent with subsection (a-5)
8    of this Section.
9        (3) Includes procedures for promptly reporting
10    bullying, including, but not limited to, identifying and
11    providing the school e-mail address (if applicable) and
12    school telephone number for the staff person or persons
13    responsible for receiving such reports and a procedure for
14    anonymous reporting; however, this shall not be construed
15    to permit formal disciplinary action solely on the basis
16    of an anonymous report.
17        (4) Consistent with federal and State laws and rules
18    governing student privacy rights, includes procedures for
19    promptly informing parents or guardians of all students
20    involved in the alleged incident of bullying and
21    discussing, as appropriate, the availability of social
22    work services, counseling, school psychological services,
23    other interventions, and restorative measures.
24        (5) Contains procedures for promptly investigating and
25    addressing reports of bullying, including the following:
26            (A) Making all reasonable efforts to complete the



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1        investigation within 10 school days after the date the
2        report of the incident of bullying was received and
3        taking into consideration additional relevant
4        information received during the course of the
5        investigation about the reported incident of bullying.
6            (B) Involving appropriate school support personnel
7        and other staff persons with knowledge, experience,
8        and training on bullying prevention, as deemed
9        appropriate, in the investigation process.
10            (C) Notifying the principal or school
11        administrator or his or her designee of the report of
12        the incident of bullying as soon as possible after the
13        report is received.
14            (D) Consistent with federal and State laws and
15        rules governing student privacy rights, providing
16        parents and guardians of the students who are parties
17        to the investigation information about the
18        investigation and an opportunity to meet with the
19        principal or school administrator or his or her
20        designee to discuss the investigation, the findings of
21        the investigation, and the actions taken to address
22        the reported incident of bullying.
23        (6) Includes the interventions that can be taken to
24    address bullying, which may include, but are not limited
25    to, school social work services, restorative measures,
26    social-emotional skill building, counseling, school



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1    psychological services, and community-based services.
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 Internet website, is included
16    in the student handbook, and, where applicable, posted
17    where other policies, rules, and standards of conduct are
18    currently posted in the school and provided periodically
19    throughout the school year to students and faculty, and is
20    distributed annually to parents, guardians, students, and
21    school personnel, including new employees when hired.
22        (11) As part of the process of reviewing and
23    re-evaluating the policy under subsection (d) of this
24    Section, contains a policy evaluation process to assess
25    the outcomes and effectiveness of the policy that
26    includes, but is not limited to, factors such as the



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1    frequency of victimization; student, staff, and family
2    observations of safety at a school; identification of
3    areas of a school where bullying occurs; the types of
4    bullying utilized; and bystander intervention or
5    participation. The school district, charter school, or
6    non-public, non-sectarian elementary or secondary school
7    may use relevant data and information it already collects
8    for other purposes in the policy evaluation. The
9    information developed as a result of the policy evaluation
10    must be made available on the Internet website of the
11    school district, charter school, or non-public,
12    non-sectarian elementary or secondary school. If an
13    Internet website is not available, the information must be
14    provided to school administrators, school board members,
15    school personnel, parents, guardians, and students.
16        (12) Is consistent with the policies of the school
17    board, charter school, or non-public, non-sectarian
18    elementary or secondary school.
19    "Restorative measures" means a continuum of school-based
20alternatives to exclusionary discipline, such as suspensions
21and expulsions, that: (i) are adapted to the particular needs
22of the school and community, (ii) contribute to maintaining
23school safety, (iii) protect the integrity of a positive and
24productive learning climate, (iv) teach students the personal
25and interpersonal skills they will need to be successful in
26school and society, (v) serve to build and restore



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1relationships among students, families, schools, and
2communities, and (vi) reduce the likelihood of future
3disruption by balancing accountability with an understanding
4of students' behavioral health needs in order to keep students
5in school, and (vii) increase student accountability if the
6incident of bullying is based on religion, race, ethnicity, or
7any other category that is identified in the Illinois Human
8Rights Act. Restorative measures with respect to clause (vii)
9shall be facilitated by a school counselor, psychologist, or
10therapist, if one is on staff.
11    "School personnel" means persons employed by, on contract
12with, or who volunteer in a school district, charter school,
13or non-public, non-sectarian elementary or secondary school,
14including without limitation school and school district
15administrators, teachers, school guidance counselors, school
16social workers, school counselors, school psychologists,
17school nurses, cafeteria workers, custodians, bus drivers,
18school resource officers, and security guards.
19    (c) (Blank).
20    (d) Each school district, charter school, and non-public,
21non-sectarian elementary or secondary school shall create,
22maintain, and implement a policy on bullying, which policy
23must be filed with the State Board of Education. The policy or
24implementing procedure shall include a process to investigate
25whether a reported act of bullying is within the permissible
26scope of the district's or school's jurisdiction and shall



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1require that the district or school provide the victim with
2information regarding services that are available within the
3district and community, such as counseling, support services,
4and other programs. School personnel available for help with a
5bully or to make a report about bullying shall be made known to
6parents or legal guardians, students, and school personnel.
7Every 2 years, each school district, charter school, and
8non-public, non-sectarian elementary or secondary school shall
9conduct a review and re-evaluation of its policy and make any
10necessary and appropriate revisions. The policy must be filed
11with the State Board of Education after being updated. The
12State Board of Education shall monitor and provide technical
13support for the implementation of policies created under this
14subsection (d).
15    (e) This Section shall not be interpreted to prevent a
16victim from seeking redress under any other available civil or
17criminal law.
18(Source: P.A. 99-78, eff. 7-20-15; 100-137, eff. 8-18-17.)