HB5290 97TH GENERAL ASSEMBLY

LRB097 18856 NHT 64094 b

97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB5290

Introduced 2/8/2012, by Rep. Kelly M. Cassidy

SYNOPSIS AS INTRODUCED:

105 ILCS 5/27-23.7

Amends the School Code in provisions concerning bullying prevention. Makes changes concerning the legislative findings. Provides that, on or before January 1, 2013, the State Board of Education shall develop a template for a model bullying prevention policy and sets forth requirements concerning the template. Sets forth and changes requirements, beginning with the 2013-2014 school year, for each school district and non-public, non-sectarian elementary or secondary school, as well as the State Board, concerning policies on bullying. Sets forth provisions concerning the collection, maintenance, and submission of data regarding allegations and incidences of bullying and rules. Effective immediately.

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 School Code is amended by changing Section 27-23.7 as follows:

(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, physical appearance, socioeconomic status, academic status, pregnancy, parenting status, homelessness, 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.

"Restorative measures" means a continuum of school-based alternatives to exclusionary discipline, such as suspensions and expulsions, that (i) are adapted to the particular needs of the school and community, (ii) contribute to maintaining school safety, (iii) protect the integrity of a positive and productive learning climate, (iv) teach students the personal and interpersonal skills they will need to be successful in school and society, (v) serve to build and restore relationships among students, families, schools, and communities, and (vi) reduce the likelihood of future disruption by balancing accountability with an understanding of students' behavioral health needs in order to keep students in school. Examples of restorative measures include, but are not limited to, the implementation of social and emotional learning, positive behavior interventions and supports, and response to intervention; structured in-school suspension or detention with school staff to oversee students' work on class assignments; and peer juries, circles, and peer mediation.

"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).

(c-5) On or before January 1, 2013, the State Board of Education shall develop a template for a model bullying prevention policy. The template must fulfill the requirements of this Article while allowing for customization by school districts in ways that do not conflict with this Article. The template shall include the following components: (1) a definition of bullying consistent with this Article; (2) a statement declaring that bullying is contrary to State law and the policy of the school district or non-public, non-sectarian elementary or secondary school; (3) a procedure for reporting bullying, including, but not limited to, identifying a person or persons responsible for receiving such reports and a means for anonymous reporting; (4) a procedure for promptly investigating and resolving complaints of bullying; (5) disciplinary interventions that can be taken to stop bullying, including, but not limited to, restorative measures, social-emotional skill building, counseling, social worker interventions, community-based services, and development of a school-wide approach to preventing and responding to bullying; (6) a requirement that school districts engage school stakeholders at all levels, including students and families, in the development of a bullying prevention policy and plan; (7) a requirement that the policy be (A) posted in the school where other policies, rules, and standards of conduct are posted, including on the school district's or non-public, non-sectarian elementary or secondary school's Internet website and in the student handbook, and (B) distributed annually to parents, guardians, students, and school personnel and to new employees when hired; (8) a recommendation that restorative measures and other disciplinary interventions set forth in component (5) of this subsection (c-5) be employed before the use of out-of-school suspension or expulsion and that out-of-school suspension, expulsion, or referral to law enforcement shall be imposed only when required by the federal Gun-Free Schools Act of 1994 or in exceptional circumstances to be determined by the State Board; and (9) a recommendation to provide professional development and youth programming on bullying prevention that are research-based, address the specific context of a school, and are consistent with the State Board's recommendations for such training. To provide such professional development and youth programming, school districts and non-public, non-sectarian elementary or secondary schools shall utilize their personnel with expertise in social and emotional skill-building, restorative disciplinary interventions, or other subject areas relating to bullying prevention or seek free or cost-effective professional development or youth programming from persons with such expertise to provide those services, as well as to train school district or non-public, non-sectarian elementary or secondary school personnel to provide those services.

(d) Beginning with the 2013-2014 school year, each Each school district and non-public, non-sectarian elementary or secondary school shall create and administer maintain a policy on bullying, which policy must be filed with the State Board of Education. The policy on bullying shall be based on the State Board of Education's template for a model bullying prevention policy and shall include criteria set forth in components (1) through (9) of subsection (c-5) of this Section. The policy shall be integrated within the school districts' curricula, discipline policies, conflict resolution education, anti-bias education, and any other violence prevention efforts, including, but not limited to, social and emotional learning standards and response to intervention plans as defined by administrative rule of the State Board of Education. Each school district and non-public, non-sectarian elementary or secondary school shall comply with its bullying prevention policy 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 and provide technical support for the development and 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.

(f) School districts are required to collect, maintain, and submit to the State Board of Education data regarding allegations and incidences of bullying within the school district. The State Board of Education shall develop rules for the submission of data, which shall include, without limitation, a record of each complaint and the action taken.

(g) The State Board of Education shall adopt rules to implement the provisions of this Section.

(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.)

Section 99. Effective date. This Act takes effect upon becoming law.