HB5176 EngrossedLRB102 25187 CMG 34452 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 Illinois Pension Code is amended by
5changing Sections 16-133 and 16-136.4 as follows:
 
6    (40 ILCS 5/16-133)  (from Ch. 108 1/2, par. 16-133)
7    Sec. 16-133. Retirement annuity; amount.
8    (a) The amount of the retirement annuity shall be (i) in
9the case of a person who first became a teacher under this
10Article before July 1, 2005, the larger of the amounts
11determined under paragraphs (A) and (B) below, or (ii) in the
12case of a person who first becomes a teacher under this Article
13on or after July 1, 2005, the amount determined under the
14applicable provisions of paragraph (B):
15        (A) An amount consisting of the sum of the following:
16            (1) An amount that can be provided on an
17        actuarially equivalent basis by the member's
18        accumulated contributions at the time of retirement;
19        and
20            (2) The sum of (i) the amount that can be provided
21        on an actuarially equivalent basis by the member's
22        accumulated contributions representing service prior
23        to July 1, 1947, and (ii) the amount that can be

 

 

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1        provided on an actuarially equivalent basis by the
2        amount obtained by multiplying 1.4 times the member's
3        accumulated contributions covering service subsequent
4        to June 30, 1947; and
5            (3) If there is prior service, 2 times the amount
6        that would have been determined under subparagraph (2)
7        of paragraph (A) above on account of contributions
8        which would have been made during the period of prior
9        service creditable to the member had the System been
10        in operation and had the member made contributions at
11        the contribution rate in effect prior to July 1, 1947.
12        This paragraph (A) does not apply to a person who
13    first becomes a teacher under this Article on or after
14    July 1, 2005.
15        (B) An amount consisting of the greater of the
16    following:
17            (1) For creditable service earned before July 1,
18        1998 that has not been augmented under Section
19        16-129.1: 1.67% of final average salary for each of
20        the first 10 years of creditable service, 1.90% of
21        final average salary for each year in excess of 10 but
22        not exceeding 20, 2.10% of final average salary for
23        each year in excess of 20 but not exceeding 30, and
24        2.30% of final average salary for each year in excess
25        of 30; and
26            For creditable service earned on or after July 1,

 

 

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1        1998 by a member who has at least 24 years of
2        creditable service on July 1, 1998 and who does not
3        elect to augment service under Section 16-129.1: 2.2%
4        of final average salary for each year of creditable
5        service earned on or after July 1, 1998 but before the
6        member reaches a total of 30 years of creditable
7        service and 2.3% of final average salary for each year
8        of creditable service earned on or after July 1, 1998
9        and after the member reaches a total of 30 years of
10        creditable service; and
11            For all other creditable service: 2.2% of final
12        average salary for each year of creditable service; or
13            (2) 1.5% of final average salary for each year of
14        creditable service plus the sum $7.50 for each of the
15        first 20 years of creditable service.
16    The amount of the retirement annuity determined under this
17    paragraph (B) shall be reduced by 1/2 of 1% for each month
18    that the member is less than age 60 at the time the
19    retirement annuity begins. However, this reduction shall
20    not apply (i) if the member has at least 35 years of
21    creditable service, or (ii) if the member retires on
22    account of disability under Section 16-149.2 of this
23    Article with at least 20 years of creditable service, or
24    (iii) if the member (1) has earned during the period
25    immediately preceding the last day of service at least one
26    year of contributing creditable service as an employee of

 

 

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1    a department as defined in Section 14-103.04, (2) has
2    earned at least 5 years of contributing creditable service
3    as an employee of a department as defined in Section
4    14-103.04, (3) retires on or after January 1, 2001, and
5    (4) retires having attained an age which, when added to
6    the number of years of his or her total creditable
7    service, equals at least 85. Portions of years shall be
8    counted as decimal equivalents.
9    (b) For purposes of this Section, except as provided in
10subsection (b-5), final average salary shall be the average
11salary for the highest 4 consecutive years within the last 10
12years of creditable service as determined under rules of the
13board.
14     The minimum final average salary shall be considered to
15be $2,400 per year.
16    In the determination of final average salary for members
17other than elected officials and their appointees when such
18appointees are allowed by statute, that part of a member's
19salary for any year beginning after June 30, 1979 which
20exceeds the member's annual full-time salary rate with the
21same employer for the preceding year by more than 20% shall be
22excluded. The exclusion shall not apply in any year in which
23the member's creditable earnings are less than 50% of the
24preceding year's mean salary for downstate teachers as
25determined by a the survey of school district salaries
26provided in Section 2-3.103 of the School Code.

 

 

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1    (b-5) A teacher who retires on or after June 1, 2021 and
2for whom the 2020-2021 school year is used in the calculation
3of the member's final average salary shall use the higher of
4the following for the purpose of determining the member's
5final average salary:
6        (A) the amount otherwise calculated under subsection
7    (b); or
8        (B) an amount calculated by the System using the
9    average salary for the 4 highest years within the last 10
10    years of creditable service as determined under the rules
11    of the board.
12    (c) In determining the amount of the retirement annuity
13under paragraph (B) of this Section, a fractional year shall
14be granted proportional credit.
15    (d) The retirement annuity determined under paragraph (B)
16of this Section shall be available only to members who render
17teaching service after July 1, 1947 for which member
18contributions are required, and to annuitants who re-enter
19under the provisions of Section 16-150.
20    (e) The maximum retirement annuity provided under
21paragraph (B) of this Section shall be 75% of final average
22salary.
23    (f) A member retiring after the effective date of this
24amendatory Act of 1998 shall receive a pension equal to 75% of
25final average salary if the member is qualified to receive a
26retirement annuity equal to at least 74.6% of final average

 

 

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1salary under this Article or as proportional annuities under
2Article 20 of this Code.
3(Source: P.A. 102-16, eff. 6-17-21.)
 
4    (40 ILCS 5/16-136.4)  (from Ch. 108 1/2, par. 16-136.4)
5    Sec. 16-136.4. Single-sum retirement benefit.
6    (a) A member who has less than 5 years of creditable
7service shall be entitled, upon written application to the
8board, to receive a retirement benefit payable in a single sum
9upon or after the member's attainment of age 65. However, the
10benefit shall not be paid while the member is employed as a
11teacher in the schools included under this Article or Article
1217, unless the System is required by federal law to make
13payment due to the member's age.
14    (b) The retirement benefit shall consist of a single sum
15that is the actuarial equivalent of a life annuity consisting
16of 1.67% of the member's final average salary for each year of
17creditable service. In determining the amount of the benefit,
18a fractional year shall be granted proportional credit.
19    For the purposes of this Section, final average salary
20shall be the average salary of the member's highest 4
21consecutive years of service as determined under rules of the
22board. For a member with less than 4 consecutive years of
23service, final average salary shall be the average salary
24during the member's entire period of service. In the
25determination of final average salary for members other than

 

 

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1elected officials and their appointees when such appointees
2are allowed by statute, that part of a member's salary which
3exceeds the member's annual full-time salary rate with the
4same employer for the preceding year by more than 20% shall be
5excluded. The exclusion shall not apply in any year in which
6the member's creditable earnings are less than 50% of the
7preceding year's mean salary for downstate teachers as
8determined by a the survey of school district salaries
9provided in Section 2-3.103 of the School Code.
10    (c) The retirement benefit determined under this Section
11shall be available to all members who render teaching service
12after July 1, 1947 for which member contributions are
13required.
14    (d) Upon acceptance of the retirement benefit, all of the
15member's accrued rights and credits in the System are
16forfeited. Receipt of a single-sum retirement benefit under
17this Section does not make a person an "annuitant" for the
18purposes of this Article, nor a "benefit recipient" for the
19purposes of Sections 16-153.1 through 16-153.4.
20(Source: P.A. 91-887, eff. 7-6-00.)
 
21    Section 10. The School Code is amended by adding Section
222-3.192 and by changing Sections 10-17, 10-20.44, and 27-23.7
23as follows:
 
24    (105 ILCS 5/2-3.192 new)

 

 

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1    Sec. 2-3.192. Limitations on reporting.
2    (a) In order to reduce redundancy and increase efficiency,
3the State Board of Education shall merge the end-of-the-year
4grant periodic report with the fourth quarter electronic
5expenditure report.
6    (b) In order to reduce redundancy and increase efficiency,
7the ISBE Survey of Unfilled Teaching Positions shall be merged
8with the Illinois Association of Regional School
9Superintendents' Educator Shortage Survey.
10    (c) No later than July 1, 2023, the State Board shall merge
11the evidence-based spending plan with existing reports to
12reduce reporting burdens on school districts.
13    (d) Beginning July 1, 2022, the State Board may not
14require school districts to complete the NCLB/ESSA Monitoring
15Instrument.
16    (e) The State Board shall eliminate all outdated
17categories and reports from its Web Application Security
18System (IWAS), including IDEA Part B Flow-through, IDEA Part B
19Preschool, ARRA Education Jobs Supplemental Funds, ARRA IDEA
20Part B Flow-through, ARRA IDEA Part B Preschool, the ARRA NCLB
21Consolidated Application, the Foster Care Transportation Plan,
22the GATA Risk Assessment, the NCLB Consolidated Application,
23Preschool for All Cont. 0-3 EC, Preschool for All Cont. 3-5 EC,
24the Teacher Quality-Teacher Residencies RFP, the Title I
25District Plan, the Reduction in Force Survey, the Survey of
26Learning Conditions, the End of the Year Report, the Teacher

 

 

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1Salary Study, and ISBE Dash. The State Board shall merge the 2
2sections titled "Annual" in IWAS under a single section titled
3"Annual". The State Board may not include categories and
4reports in IWAS that are not applicable to a school district.
5    (f) The State Board shall be responsible for extracting
6data from the Annual Financial Report and importing the data
7into the IDEA Maintenance of Effort and IDEA Excess Cost
8Reports.
9    (g) The State Board's maintenance of effort report shall
10draw data from the merged report under subsection (f). The
11maintenance of effort report shall require a verification
12process rather than require district administrators to provide
13data for the report.
14    (h) The State Board shall categorize school energy
15efficiency grants and school maintenance grants as grants, not
16surveys, in reports concerning those grants.
17    (i) The State Board may send notices regarding reporting
18deadlines only to districts that have not already completed
19their reporting.
 
20    (105 ILCS 5/10-17)  (from Ch. 122, par. 10-17)
21    Sec. 10-17. Accounting; vendor reports Statement of
22affairs.
23    (a) In Class I or Class II county school units the school
24board may use either a cash basis or accrual system of
25accounting; however, any board so electing to use the accrual

 

 

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1system may not change to a cash basis without the permission of
2the State Board of Education.
3    School Boards using either a cash basis or accrual system
4of accounting shall maintain records showing the assets,
5liabilities and fund balances in such minimum forms as may be
6prescribed by the State Board of Education. Such boards shall
7make available to the public a statement as provided in
8subsection (b) of the affairs of the district prior to
9December 1 annually by submitting the statement of affairs in
10such form as may be prescribed by the State Board of Education
11for posting on the State Board of Education's Internet website
12and , by having copies of the statement of affairs available in
13the main administrative office of the district. , and by
14publishing in a newspaper of general circulation published in
15the school district an annual statement of affairs summary
16containing at a minimum all of the following information:
17        (1) A summary statement of operations for all funds of
18    the district, as excerpted from the statement of affairs
19    filed with the State Board of Education. The summary
20    statement must include a listing of all moneys received by
21    the district, indicating the total amounts, in the
22    aggregate, each fund of the district received, with a
23    general statement concerning the source of receipts.
24        (2) Except as provided in subdivision (3) of this
25    subsection (a), a listing of all moneys paid out by the
26    district where the total amount paid during the fiscal

 

 

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1    year exceeds $2,500 in the aggregate per person, giving
2    the name of each person to whom moneys were paid and the
3    total paid to each person.
4        (3) A listing of all personnel, by name, with an
5    annual fiscal year gross payment in the categories set
6    forth in subdivisions 1 and 2 of subsection (c) of this
7    Section.
8In this Section, "newspaper of general circulation" means a
9newspaper of general circulation published in the school
10district, or, if no newspaper is published in the school
11district, a newspaper published in the county where the school
12district is located or, if no newspaper is published in the
13county, a newspaper published in the educational service
14region where the regional superintendent of schools has
15supervision and control of the school district. The submission
16to the State Board of Education shall include an assurance
17that the statement of affairs has been made available in the
18main administrative office of the school district and that the
19required notice has been published in accordance with this
20Section.
21    After December 15 annually, upon 10 days prior written
22notice to the school district, the State Board of Education
23may discontinue the processing of payments to the State
24Comptroller's office on behalf of any school district that is
25not in compliance with the requirements imposed by this
26Section. The State Board of Education shall resume the

 

 

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1processing of payments to the State Comptroller's Office on
2behalf of the school district once the district is in
3compliance with the requirements imposed by this Section.
4    The State Board of Education must post, on or before
5January 15, all statements of affairs timely received from
6school districts.
7    (b) When any school district is the administrative
8district for several school districts operating under a joint
9agreement as authorized by this Code, no receipts or
10disbursements accruing, received or paid out by that school
11district as such an administrative district shall be included
12in the statement of affairs of the district required by this
13Section. However, that district shall have prepared and made
14available to the public, in accordance with subsection (a) of
15this Section, in the same manner and subject to the same
16requirements as are provided in this Section for the statement
17of affairs of that district, a statement showing the cash
18receipts and disbursements by funds (or the revenue, expenses
19and financial position, if the accrual system of accounting is
20used) of the district as such administrative district, in the
21form prescribed by the State Board of Education. The costs of
22publishing the notice and summary of this separate statement
23prepared by such an administrative district shall be
24apportioned among and paid by the participating districts in
25the same manner as other costs and expenses accruing to those
26districts jointly. School districts on a cash basis shall have

 

 

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1prepared and made available to the public, in accordance with
2subsection (a) of this Section, a statement showing the cash
3receipts and disbursements by funds in the form prescribed by
4the State Board of Education.
5    School districts using the accrual system of accounting
6shall have prepared and made available to the public, in
7accordance with subsection (a) of this Section, a statement of
8revenue and expenses and a statement of financial position in
9the form prescribed by the State Board of Education.
10    In Class II county school units such statement shall be
11prepared and made available to the public, in accordance with
12subsection (a) of this Section, by the township treasurer of
13the unit within which such districts are located, except with
14respect to the school board of any school district that no
15longer is subject to the jurisdiction and authority of a
16township treasurer or trustees of schools of a township
17because the district has withdrawn from the jurisdiction and
18authority of the township treasurer and trustees of schools of
19the township or because those offices have been abolished as
20provided in subsection (b) or (c) of Section 5-1, and as to
21each such school district the statement required by this
22Section shall be prepared and made available to the public, in
23accordance with subsection (a) of this Section, by the school
24board of such district in the same manner as required for
25school boards of school districts situated in Class I county
26school units.

 

 

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1    (c) (Blank). The statement of affairs required pursuant to
2this Section shall contain such information as may be required
3by the State Board of Education, including:
4        1. Annual fiscal year gross payment for certificated
5    personnel to be shown by name, listing each employee in
6    one of the following categories:
7            (a) Under $25,000
8            (b) $25,000 to $39,999
9            (c) $40,000 to $59,999
10            (d) $60,000 to $89,999
11            (e) $90,000 and over
12        2. Annual fiscal year payment for non-certificated
13    personnel to be shown by name, listing each employee in
14    one of the following categories:
15            (a) Under $25,000
16            (b) $25,000 to $39,999
17            (c) $40,000 to $59,999
18            (d) $60,000 and over
19        3. In addition to wages and salaries all other moneys
20    in the aggregate paid to recipients of $1,000 or more,
21    giving the name of the person, firm or corporation and the
22    total amount received by each.
23        4. Approximate size of school district in square
24    miles.
25        5. Number of school attendance centers.
26        6. Numbers of employees as follows:

 

 

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1            (a) Full-time certificated employees;
2            (b) Part-time certificated employees;
3            (c) Full-time non-certificated employees;
4            (d) Part-time non-certificated employees.
5        7. Numbers of pupils as follows:
6            (a) Enrolled by grades;
7            (b) Total enrolled;
8            (c) Average daily attendance.
9        8. Assessed valuation as follows:
10            (a) Total of the district;
11            (b) Per pupil in average daily attendance.
12        9. Tax rate for each district fund.
13        10. District financial obligation at the close of the
14    fiscal year as follows:
15            (a) Teachers' orders outstanding;
16            (b) Anticipation warrants outstanding for each
17        fund.
18        11. Total bonded debt at the close of the fiscal year.
19        12. Percent of bonding power obligated currently.
20        13. Value of capital assets of the district including:
21            (a) Land;
22            (b) Buildings;
23            (c) Equipment.
24        14. Total amount of investments each fund.
25        15. Change in net cash position from the previous
26    report period for each district fund.

 

 

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1    A In addition to the above report, a report of
2expenditures in the aggregate paid on behalf of recipients of
3$500 or more, giving the name of the person, firm or
4corporation and the total amount received by each shall be
5available in the school district office for public inspection.
6This listing shall include all wages, salaries and
7expenditures over $500 expended from any revolving fund
8maintained by the district. Any resident of the school
9district may receive a copy of this report, upon request, by
10paying a reasonable charge to defray the costs of preparing
11such copy.
12    (d) All school districts shall post a vendor report on
13their websites within 60 days after the completion of the
14Annual Financial Report. The vendor report shall be broken
15down as follows:
16        (1) expenses in the range of $5,000 to $24,999; and
17        (2) expenses in the range of $25,000 and over.
18    (e) This Section does not apply to cities having a
19population exceeding 500,000.
20(Source: P.A. 94-875, eff. 7-1-06.)
 
21    (105 ILCS 5/10-20.44)
22    Sec. 10-20.44. Report on contracts.
23    (a) This Section applies to all school districts,
24including a school district organized under Article 34 of this
25Code.

 

 

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1    (b) A school board must list on the district's Internet
2website, if any, all contracts over $25,000 and any contract
3that the school board enters into with an exclusive bargaining
4representative.
5    (c) Each year, in conjunction with the submission of the
6Statement of Affairs to the State Board of Education prior to
7December 1, provided for in Section 10-17, each school
8district shall submit to the State Board of Education an
9annual report on all contracts over $25,000 awarded by the
10school district during the previous fiscal year. The report
11shall include at least the following:
12        (1) the total number of all contracts awarded by the
13    school district;
14        (2) the total value of all contracts awarded;
15        (3) the number of contracts awarded to minority-owned
16    businesses, women-owned businesses, and businesses owned
17    by persons with disabilities, as defined in the Business
18    Enterprise for Minorities, Women, and Persons with
19    Disabilities Act, and locally owned businesses; and
20        (4) the total value of contracts awarded to
21    minority-owned businesses, women-owned businesses, and
22    businesses owned by persons with disabilities, as defined
23    in the Business Enterprise for Minorities, Women, and
24    Persons with Disabilities Act, and locally owned
25    businesses.
26    The report shall be made available to the public,

 

 

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1including publication on the school district's Internet
2website, if any.
3(Source: P.A. 100-391, eff. 8-25-17.)
 
4    (105 ILCS 5/27-23.7)
5    Sec. 27-23.7. Bullying prevention.
6    (a) The General Assembly finds that a safe and civil
7school environment is necessary for students to learn and
8achieve and that bullying causes physical, psychological, and
9emotional harm to students and interferes with students'
10ability to learn and participate in school activities. The
11General Assembly further finds that bullying has been linked
12to other forms of antisocial behavior, such as vandalism,
13shoplifting, skipping and dropping out of school, fighting,
14using drugs and alcohol, sexual harassment, and sexual
15violence. Because of the negative outcomes associated with
16bullying in schools, the General Assembly finds that school
17districts, charter schools, and non-public, non-sectarian
18elementary and secondary schools should educate students,
19parents, and school district, charter school, or non-public,
20non-sectarian elementary or secondary school personnel about
21what behaviors constitute prohibited bullying.
22    Bullying on the basis of actual or perceived race, color,
23religion, sex, national origin, ancestry, age, marital status,
24physical or mental disability, military status, sexual
25orientation, gender-related identity or expression,

 

 

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1unfavorable discharge from military service, association with
2a person or group with one or more of the aforementioned actual
3or perceived characteristics, or any other distinguishing
4characteristic is prohibited in all school districts, charter
5schools, and non-public, non-sectarian elementary and
6secondary schools. No student shall be subjected to bullying:
7        (1) during any school-sponsored education program or
8    activity;
9        (2) while in school, on school property, on school
10    buses or other school vehicles, at designated school bus
11    stops waiting for the school bus, or at school-sponsored
12    or school-sanctioned events or activities;
13        (3) through the transmission of information from a
14    school computer, a school computer network, or other
15    similar electronic school equipment; or
16        (4) through the transmission of information from a
17    computer that is accessed at a nonschool-related location,
18    activity, function, or program or from the use of
19    technology or an electronic device that is not owned,
20    leased, or used by a school district or school if the
21    bullying causes a substantial disruption to the
22    educational process or orderly operation of a school. This
23    item (4) applies only in cases in which a school
24    administrator or teacher receives a report that bullying
25    through this means has occurred and does not require a
26    district or school to staff or monitor any

 

 

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1    nonschool-related activity, function, or program.
2    (a-5) Nothing in this Section is intended to infringe upon
3any right to exercise free expression or the free exercise of
4religion or religiously based views protected under the First
5Amendment to the United States Constitution or under Section 3
6of Article I of the Illinois Constitution.
7    (b) In this Section:
8    "Bullying" includes "cyber-bullying" and means any severe
9or pervasive physical or verbal act or conduct, including
10communications made in writing or electronically, directed
11toward a student or students that has or can be reasonably
12predicted to have the effect of one or more of the following:
13        (1) placing the student or students in reasonable fear
14    of harm to the student's or students' person or property;
15        (2) causing a substantially detrimental effect on the
16    student's or students' physical or mental health;
17        (3) substantially interfering with the student's or
18    students' academic performance; or
19        (4) substantially interfering with the student's or
20    students' ability to participate in or benefit from the
21    services, activities, or privileges provided by a school.
22    Bullying, as defined in this subsection (b), may take
23various forms, including without limitation one or more of the
24following: harassment, threats, intimidation, stalking,
25physical violence, sexual harassment, sexual violence, theft,
26public humiliation, destruction of property, or retaliation

 

 

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

 

 

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

 

 

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

 

 

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1    actions for a person who engages in reprisal or
2    retaliation.
3        (8) Includes consequences and appropriate remedial
4    actions for a person found to have falsely accused another
5    of bullying as a means of retaliation or as a means of
6    bullying.
7        (9) Is based on the engagement of a range of school
8    stakeholders, including students and parents or guardians.
9        (10) Is posted on the school district's, charter
10    school's, or non-public, non-sectarian elementary or
11    secondary school's existing Internet website, is included
12    in the student handbook, and, where applicable, posted
13    where other policies, rules, and standards of conduct are
14    currently posted in the school and provided periodically
15    throughout the school year to students and faculty, and is
16    distributed annually to parents, guardians, students, and
17    school personnel, including new employees when hired.
18        (11) As part of the process of reviewing and
19    re-evaluating the policy under subsection (d) of this
20    Section, contains a policy evaluation process to assess
21    the outcomes and effectiveness of the policy that
22    includes, but is not limited to, factors such as the
23    frequency of victimization; student, staff, and family
24    observations of safety at a school; identification of
25    areas of a school where bullying occurs; the types of
26    bullying utilized; and bystander intervention or

 

 

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1    participation. The school district, charter school, or
2    non-public, non-sectarian elementary or secondary school
3    may use relevant data and information it already collects
4    for other purposes in the policy evaluation. The
5    information developed as a result of the policy evaluation
6    must be made available on the Internet website of the
7    school district, charter school, or non-public,
8    non-sectarian elementary or secondary school. If an
9    Internet website is not available, the information must be
10    provided to school administrators, school board members,
11    school personnel, parents, guardians, and students.
12        (12) Is consistent with the policies of the school
13    board, charter school, or non-public, non-sectarian
14    elementary or secondary school.
15    "Restorative measures" means a continuum of school-based
16alternatives to exclusionary discipline, such as suspensions
17and expulsions, that: (i) are adapted to the particular needs
18of the school and community, (ii) contribute to maintaining
19school safety, (iii) protect the integrity of a positive and
20productive learning climate, (iv) teach students the personal
21and interpersonal skills they will need to be successful in
22school and society, (v) serve to build and restore
23relationships among students, families, schools, and
24communities, (vi) reduce the likelihood of future disruption
25by balancing accountability with an understanding of students'
26behavioral health needs in order to keep students in school,

 

 

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1and (vii) increase student accountability if the incident of
2bullying is based on religion, race, ethnicity, or any other
3category that is identified in the Illinois Human Rights Act.
4    "School personnel" means persons employed by, on contract
5with, or who volunteer in a school district, charter school,
6or non-public, non-sectarian elementary or secondary school,
7including without limitation school and school district
8administrators, teachers, school social workers, school
9counselors, school psychologists, school nurses, cafeteria
10workers, custodians, bus drivers, school resource officers,
11and security guards.
12    (c) (Blank).
13    (d) Each school district, charter school, and non-public,
14non-sectarian elementary or secondary school shall create,
15maintain, and implement a policy on bullying. A school
16district organized under Article 34, must file its , which
17policy must be filed with the State Board of Education. The
18policy or implementing procedure shall include a process to
19investigate whether a reported act of bullying is within the
20permissible scope of the district's or school's jurisdiction
21and shall require that the district or school provide the
22victim with information regarding services that are available
23within the district and community, such as counseling, support
24services, and other programs. School personnel available for
25help with a bully or to make a report about bullying shall be
26made known to parents or legal guardians, students, and school

 

 

HB5176 Engrossed- 27 -LRB102 25187 CMG 34452 b

1personnel. Every 2 years, each school district, charter
2school, and non-public, non-sectarian elementary or secondary
3school shall conduct a review and re-evaluation of its policy
4and make any necessary and appropriate revisions. A school
5district organized under Article 34 must file its The policy
6must be filed with the State Board of Education after being
7updated. The State Board of Education shall monitor and
8provide technical support for the implementation of policies
9created under this subsection (d).
10    (e) This Section shall not be interpreted to prevent a
11victim from seeking redress under any other available civil or
12criminal law.
13(Source: P.A. 102-197, eff. 7-30-21; 102-241, eff. 8-3-21;
14revised 10-18-21.)
 
15    (105 ILCS 5/2-3.103 rep.)
16    (105 ILCS 5/10-20.26 rep.)
17    Section 15. The School Code is amended by repealing
18Sections 2-3.103 and 10-20.26.
 
19    Section 99. Effective date. This Act takes effect upon
20becoming law.