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




State of Illinois
2011 and 2012


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


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.

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HB5290LRB097 18856 NHT 64094 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 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    "Restorative measures" means a continuum of school-based
18alternatives to exclusionary discipline, such as suspensions
19and expulsions, that (i) are adapted to the particular needs of
20the school and community, (ii) contribute to maintaining school
21safety, (iii) protect the integrity of a positive and
22productive learning climate, (iv) teach students the personal
23and interpersonal skills they will need to be successful in
24school and society, (v) serve to build and restore
25relationships among students, families, schools, and
26communities, and (vi) reduce the likelihood of future



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1disruption by balancing accountability with an understanding
2of students' behavioral health needs in order to keep students
3in school. Examples of restorative measures include, but are
4not limited to, the implementation of social and emotional
5learning, positive behavior interventions and supports, and
6response to intervention; structured in-school suspension or
7detention with school staff to oversee students' work on class
8assignments; and peer juries, circles, and peer mediation.
9    "School personnel" means persons employed by, on contract
10with, or who volunteer in a school district or non-public,
11non-sectarian elementary or secondary school, including
12without limitation school and school district administrators,
13teachers, school guidance counselors, school social workers,
14school counselors, school psychologists, school nurses,
15cafeteria workers, custodians, bus drivers, school resource
16officers, and security guards.
17    (c) (Blank).
18    (c-5) On or before January 1, 2013, the State Board of
19Education shall develop a template for a model bullying
20prevention policy. The template must fulfill the requirements
21of this Article while allowing for customization by school
22districts in ways that do not conflict with this Article. The
23template shall include the following components: (1) a
24definition of bullying consistent with this Article; (2) a
25statement declaring that bullying is contrary to State law and
26the policy of the school district or non-public, non-sectarian



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1elementary or secondary school; (3) a procedure for reporting
2bullying, including, but not limited to, identifying a person
3or persons responsible for receiving such reports and a means
4for anonymous reporting; (4) a procedure for promptly
5investigating and resolving complaints of bullying; (5)
6disciplinary interventions that can be taken to stop bullying,
7including, but not limited to, restorative measures,
8social-emotional skill building, counseling, social worker
9interventions, community-based services, and development of a
10school-wide approach to preventing and responding to bullying;
11(6) a requirement that school districts engage school
12stakeholders at all levels, including students and families, in
13the development of a bullying prevention policy and plan; (7) a
14requirement that the policy be (A) posted in the school where
15other policies, rules, and standards of conduct are posted,
16including on the school district's or non-public,
17non-sectarian elementary or secondary school's Internet
18website and in the student handbook, and (B) distributed
19annually to parents, guardians, students, and school personnel
20and to new employees when hired; (8) a recommendation that
21restorative measures and other disciplinary interventions set
22forth in component (5) of this subsection (c-5) be employed
23before the use of out-of-school suspension or expulsion and
24that out-of-school suspension, expulsion, or referral to law
25enforcement shall be imposed only when required by the federal
26Gun-Free Schools Act of 1994 or in exceptional circumstances to



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1be determined by the State Board; and (9) a recommendation to
2provide professional development and youth programming on
3bullying prevention that are research-based, address the
4specific context of a school, and are consistent with the State
5Board's recommendations for such training. To provide such
6professional development and youth programming, school
7districts and non-public, non-sectarian elementary or
8secondary schools shall utilize their personnel with expertise
9in social and emotional skill-building, restorative
10disciplinary interventions, or other subject areas relating to
11bullying prevention or seek free or cost-effective
12professional development or youth programming from persons
13with such expertise to provide those services, as well as to
14train school district or non-public, non-sectarian elementary
15or secondary school personnel to provide those services.
16    (d) Beginning with the 2013-2014 school year, each Each
17school district and non-public, non-sectarian elementary or
18secondary school shall create and administer maintain a policy
19on bullying, which policy must be filed with the State Board of
20Education. The policy on bullying shall be based on the State
21Board of Education's template for a model bullying prevention
22policy and shall include criteria set forth in components (1)
23through (9) of subsection (c-5) of this Section. The policy
24shall be integrated within the school districts' curricula,
25discipline policies, conflict resolution education, anti-bias
26education, and any other violence prevention efforts,



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1including, but not limited to, social and emotional learning
2standards and response to intervention plans as defined by
3administrative rule of the State Board of Education. Each
4school district and non-public, non-sectarian elementary or
5secondary school shall comply with its bullying prevention
6policy must communicate its policy on bullying to its students
7and their parent or guardian on an annual basis. The policy
8must be updated every 2 years and filed with the State Board of
9Education after being updated. The State Board of Education
10shall monitor and provide technical support for the development
11and implementation of policies created under this subsection
13    (e) This Section shall not be interpreted to prevent a
14victim from seeking redress under any other available civil or
15criminal law. Nothing in this Section is intended to infringe
16upon any right to exercise free expression or the free exercise
17of religion or religiously based views protected under the
18First Amendment to the United States Constitution or under
19Section 3 or 4 of Article 1 of the Illinois Constitution.
20    (f) School districts are required to collect, maintain, and
21submit to the State Board of Education data regarding
22allegations and incidences of bullying within the school
23district. The State Board of Education shall develop rules for
24the submission of data, which shall include, without
25limitation, a record of each complaint and the action taken.
26    (g) The State Board of Education shall adopt rules to



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1implement the provisions of this Section.
2(Source: P.A. 95-198, eff. 1-1-08; 95-349, eff. 8-23-07;
395-876, eff. 8-21-08; 96-952, eff. 6-28-10.)
4    Section 99. Effective date. This Act takes effect upon
5becoming law.