Illinois General Assembly - Full Text of HB5290
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Full Text of HB5290  97th General Assembly




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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, physical appearance,
2socioeconomic status, academic status, pregnancy, parenting
3status, homelessness, age, marital status, physical or mental
4disability, military status, sexual orientation,
5gender-related identity or expression, unfavorable discharge
6from military service, association with a person or group with
7one or more of the aforementioned actual or perceived
8characteristics, or any other distinguishing characteristic is
9prohibited in all school districts and non-public,
10non-sectarian elementary and secondary schools. No student
11shall be subjected to bullying:
12        (1) during any school-sponsored education program or
13    activity;
14        (2) while in school, on school property, on school
15    buses or other school vehicles, at designated school bus
16    stops waiting for the school bus, or at school-sponsored or
17    school-sanctioned events or activities; or
18        (3) through the transmission of information from a
19    school computer, a school computer network, or other
20    similar electronic school equipment.
21    (b) In this Section:
22    "Bullying" means any severe or pervasive physical or verbal
23act or conduct, including communications made in writing or
24electronically, directed toward a student or students that has
25or can be reasonably predicted to have the effect of one or
26more of the following:



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1        (1) placing the student or students in reasonable fear
2    of harm to the student's or students' person or property;
3        (2) causing a substantially detrimental effect on the
4    student's or students' physical or mental health;
5        (3) substantially interfering with the student's or
6    students' academic performance; or
7        (4) substantially interfering with the student's or
8    students' ability to participate in or benefit from the
9    services, activities, or privileges provided by a school.
10    Bullying, as defined in this subsection (b), may take
11various forms, including without limitation one or more of the
12following: harassment, threats, intimidation, stalking,
13physical violence, sexual harassment, sexual violence, theft,
14public humiliation, destruction of property, or retaliation
15for asserting or alleging an act of bullying. This list is
16meant to be illustrative and non-exhaustive.
17    "Policy on bullying" means a bullying prevention policy
19        (1) includes the bullying definition provided in this
20    Section;
21        (2) includes a statement that bullying is contrary to
22    State law and the policy of the school district or
23    non-public, non-sectarian elementary or secondary school;
24        (3) includes procedures for:
25            (i) promptly reporting bullying, including, but
26        not limited to, identifying a person or persons



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1        responsible for receiving such reports and a procedure
2        for anonymous reporting; and
3            (ii) promptly investigating and addressing
4        complaints of bullying;
5        (4) includes the interventions that can be taken to
6    address bullying, which may include, but are not limited
7    to, restorative measures, social-emotional skill building,
8    counseling, school psychological services, school social
9    worker interventions, and community-based services;
10        (5) is based on the engagement of a range of school
11    stakeholders, including students and families;
12        (6) is posted on the school district's or non-public,
13    non-sectarian elementary or secondary school's existing
14    Internet website and is included in the student handbook,
15    and, where applicable, posted where other policies, rules,
16    and standards of conduct are currently posted in the
17    school, and is distributed annually to parents, guardians,
18    students, and school personnel, including new employees
19    when hired; and
20        (7) is consistent with the school district's board
21    policies or non-public, non-sectarian elementary or
22    secondary school's administrative policies.
23    "Restorative measures" means a continuum of school-based
24alternatives to exclusionary discipline, such as suspensions
25and expulsions, that: (i) are adapted to the particular needs
26of the school and community, (ii) contribute to maintaining



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1school safety, (iii) protect the integrity of a positive and
2productive learning climate, (iv) teach students the personal
3and interpersonal skills they will need to be successful in
4school and society, (v) serve to build and restore
5relationships among students, families, schools, and
6communities, and (vi) reduce the likelihood of future
7disruption by balancing accountability with an understanding
8of students' behavioral health needs in order to keep students
9in school.
10    "School personnel" means persons employed by, on contract
11with, or who volunteer in a school district or non-public,
12non-sectarian elementary or secondary school, including
13without limitation school and school district administrators,
14teachers, school guidance counselors, school social workers,
15school counselors, school psychologists, school nurses,
16cafeteria workers, custodians, bus drivers, school resource
17officers, and security guards.
18    (c) (Blank).
19    (d) Each school district and non-public, non-sectarian
20elementary or secondary school shall create, and maintain, and
21implement a policy on bullying, which policy must be filed with
22the State Board of Education. Each school district and
23non-public, non-sectarian elementary or secondary school must
24communicate its policy on bullying to its students and their
25parent or guardian on an annual basis. The policy must be
26updated every 2 years and filed with the State Board of



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1Education after being updated. The State Board of Education
2shall monitor and provide technical support for the
3implementation of policies created under this subsection (d).
4    (e) This Section shall not be interpreted to prevent a
5victim from seeking redress under any other available civil or
6criminal law. Nothing in this Section is intended to infringe
7upon any right to exercise free expression or the free exercise
8of religion or religiously based views protected under the
9First Amendment to the United States Constitution or under
10Section 3 or 4 of Article 1 of the Illinois Constitution.
11(Source: P.A. 95-198, eff. 1-1-08; 95-349, eff. 8-23-07;
1295-876, eff. 8-21-08; 96-952, eff. 6-28-10.)
13    Section 99. Effective date. This Act takes effect upon
14becoming law.