98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SB2870

 

Introduced 2/4/2014, by Sen. Ira I. Silverstein

 

SYNOPSIS AS INTRODUCED:
 
105 ILCS 5/27-23.7

    Amends the School Code. In provisions concerning bullying prevention, provides that no student shall be subjected to bullying through the use of data or computer software that is accessed at a nonschool-related location, activity, function, or program or through the use of technology or an electronic device that is not owned, leased, or used by a school district or school if the bullying substantially interferes with or limits the victim's ability to participate in or benefit from the services, activities, or opportunities offered by a school or substantially disrupts the educational process or orderly operation of a school. Provides that this prohibition does not require a school to staff or monitor any nonschool-related activity, function, or program. Provides that the physical location or time of access of a computer-related incident cannot be raised as a defense in any disciplinary action initiated under the bullying prevention provisions.


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FISCAL NOTE ACT MAY APPLY
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

 

 

A BILL FOR

 

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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 school
9environment is necessary for students to learn and achieve and
10that bullying causes physical, psychological, and emotional
11harm to students and interferes with students' ability to learn
12and participate in school activities. The General Assembly
13further finds that bullying has been linked to other forms of
14antisocial behavior, such as vandalism, shoplifting, skipping
15and dropping out of school, fighting, using drugs and alcohol,
16sexual harassment, and sexual violence. Because of the negative
17outcomes associated with bullying in schools, the General
18Assembly finds that school districts and non-public,
19non-sectarian elementary and secondary schools should educate
20students, parents, and school district or non-public,
21non-sectarian elementary or secondary school personnel about
22what behaviors constitute prohibited bullying.
23    Bullying on the basis of actual or perceived race, color,

 

 

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

 

 

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1    disrupts the educational process or orderly operation of a
2    school. This subdivision (4) does not require a school to
3    staff or monitor any nonschool-related activity, function,
4    or program.
5    The physical location or time of access of a
6computer-related incident cannot be raised as a defense in any
7disciplinary action initiated under this Section.
8    (b) In this Section:
9    "Bullying" means any severe or pervasive physical or verbal
10act or conduct, including communications made in writing or
11electronically, directed toward a student or students that has
12or can be reasonably predicted to have the effect of one or
13more of the following:
14        (1) placing the student or students in reasonable fear
15    of harm to the student's or students' person or property;
16        (2) causing a substantially detrimental effect on the
17    student's or students' physical or mental health;
18        (3) substantially interfering with the student's or
19    students' academic performance; or
20        (4) substantially interfering with the student's or
21    students' ability to participate in or benefit from the
22    services, activities, or privileges provided by a school.
23    Bullying, as defined in this subsection (b), may take
24various forms, including without limitation one or more of the
25following: harassment, threats, intimidation, stalking,
26physical violence, sexual harassment, sexual violence, theft,

 

 

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1public humiliation, destruction of property, or retaliation
2for asserting or alleging an act of bullying. This list is
3meant to be illustrative and non-exhaustive.
4    "School personnel" means persons employed by, on contract
5with, or who volunteer in a school district or non-public,
6non-sectarian elementary or secondary school, including
7without limitation school and school district administrators,
8teachers, school guidance counselors, school social workers,
9school counselors, school psychologists, school nurses,
10cafeteria workers, custodians, bus drivers, school resource
11officers, and security guards.
12    (c) (Blank).
13    (d) Each school district and non-public, non-sectarian
14elementary or secondary school shall create and maintain a
15policy on bullying, which policy must be filed with the State
16Board of Education. Each school district and non-public,
17non-sectarian elementary or secondary school must communicate
18its policy on bullying to its students and their parent or
19guardian on an annual basis. The policy must be updated every 2
20years and filed with the State Board of Education after being
21updated. The State Board of Education shall monitor the
22implementation of policies created under this subsection (d).
23    (e) This Section shall not be interpreted to prevent a
24victim from seeking redress under any other available civil or
25criminal law. Nothing in this Section is intended to infringe
26upon any right to exercise free expression or the free exercise

 

 

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1of religion or religiously based views protected under the
2First Amendment to the United States Constitution or under
3Section 3 or 4 of Article 1 of the Illinois Constitution.
4(Source: P.A. 95-198, eff. 1-1-08; 95-349, eff. 8-23-07;
595-876, eff. 8-21-08; 96-952, eff. 6-28-10.)