Illinois General Assembly - Full Text of HB5290
Illinois General Assembly

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Full Text of HB5290  97th General Assembly


Rep. Kelly M. Cassidy

Filed: 3/2/2012





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2    AMENDMENT NO. ______. Amend House Bill 5290, AS AMENDED, by
3replacing everything after the enacting clause with the
5    "Section 5. The School Code is amended by changing Section
627-23.7 as follows:
7    (105 ILCS 5/27-23.7)
8    Sec. 27-23.7. Bullying prevention.
9    (a) The General Assembly finds that a safe and civil school
10environment is necessary for students to learn and achieve and
11that bullying causes physical, psychological, and emotional
12harm to students and interferes with students' ability to learn
13and participate in school activities. The General Assembly
14further finds that bullying has been linked to other forms of
15antisocial behavior, such as vandalism, shoplifting, skipping
16and dropping out of school, fighting, using drugs and alcohol,



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1sexual harassment, and sexual violence. Because of the negative
2outcomes associated with bullying in schools, the General
3Assembly finds that school districts and non-public,
4non-sectarian elementary and secondary schools should educate
5students, parents, and school district or non-public,
6non-sectarian elementary or secondary school personnel about
7what behaviors constitute prohibited bullying.
8    Bullying on the basis of actual or perceived race, color,
9religion, sex, national origin, ancestry, physical appearance,
10socioeconomic status, academic status, pregnancy, parenting
11status, homelessness, age, marital status, physical or mental
12disability, military status, sexual orientation,
13gender-related identity or expression, unfavorable discharge
14from military service, association with a person or group with
15one or more of the aforementioned actual or perceived
16characteristics, or any other distinguishing characteristic is
17prohibited in all school districts and non-public,
18non-sectarian elementary and secondary schools. No student
19shall be subjected to bullying:
20        (1) during any school-sponsored education program or
21    activity;
22        (2) while in school, on school property, on school
23    buses or other school vehicles, at designated school bus
24    stops waiting for the school bus, or at school-sponsored or
25    school-sanctioned events or activities; or
26        (3) through the transmission of information from a



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1    school computer, a school computer network, or other
2    similar electronic school equipment.
3    (b) In this Section:
4    "Bullying" means any severe or pervasive physical or verbal
5act or conduct, including communications made in writing or
6electronically, directed toward a student or students that has
7or can be reasonably predicted to have the effect of one or
8more of the following:
9        (1) placing the student or students in reasonable fear
10    of harm to the student's or students' person or property;
11        (2) causing a substantially detrimental effect on the
12    student's or students' physical or mental health;
13        (3) substantially interfering with the student's or
14    students' academic performance; or
15        (4) substantially interfering with the student's or
16    students' ability to participate in or benefit from the
17    services, activities, or privileges provided by a school.
18    Bullying, as defined in this subsection (b), may take
19various forms, including without limitation one or more of the
20following: harassment, threats, intimidation, stalking,
21physical violence, sexual harassment, sexual violence, theft,
22public humiliation, destruction of property, or retaliation
23for asserting or alleging an act of bullying. This list is
24meant to be illustrative and non-exhaustive.
25    "Policy on bullying" means a bullying prevention policy
26that (1) includes the bullying definition provided in this



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1Section; (2) includes a statement that bullying is contrary to
2State law and the policy of the school district or non-public,
3non-sectarian elementary or secondary school; (3) includes
4procedures for (i) promptly reporting bullying, including, but
5not limited to, identifying a person or persons responsible for
6receiving such reports and a procedure for anonymous reporting;
7(ii) promptly investigating and resolving complaints of
8bullying; and (iii) retaining reports of bullying allegations
9and incidents; (4) includes the interventions that can be taken
10to stop bullying, including, but not limited to, restorative
11measures, social-emotional skill building, counseling, school
12psychological services, school social worker interventions,
13community-based services, and the development of a school-wide
14approach to preventing and responding to bullying; (5) is based
15on the engagement of school stakeholders at all levels,
16including students and families; (6) is posted in the school
17where other policies, rules, and standards of conduct are
18posted, including on the school district's or non-public,
19non-sectarian elementary or secondary school's Internet
20website and in the student handbook; (7) is distributed
21annually to parents, guardians, students, and school
22personnel, including new employees when hired; and (8) is
23integrated within the school district's or non-public,
24non-sectarian elementary or secondary school's 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.
4    "Restorative measures" means a continuum of school-based
5alternatives to exclusionary discipline, such as suspensions
6and expulsions, that (i) are adapted to the particular needs of
7the school and community, (ii) contribute to maintaining school
8safety, (iii) protect the integrity of a positive and
9productive learning climate, (iv) teach students the personal
10and interpersonal skills they will need to be successful in
11school and society, (v) serve to build and restore
12relationships among students, families, schools, and
13communities, and (vi) reduce the likelihood of future
14disruption by balancing accountability with an understanding
15of students' behavioral health needs in order to keep students
16in school. Examples of restorative measures include, but are
17not limited to, the implementation of social and emotional
18learning, positive behavior interventions and supports,
19response-to-intervention, structured in-school suspensions or
20detentions with school staff to oversee students' work on class
21assignments, peer juries, peer circles, and peer mediation.
22    "School personnel" means persons employed by, on contract
23with, or who volunteer in a school district or non-public,
24non-sectarian elementary or secondary school, including
25without limitation school and school district administrators,
26teachers, school guidance counselors, school social workers,



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1school counselors, school psychologists, school nurses,
2cafeteria workers, custodians, bus drivers, school resource
3officers, and security guards.
4    (c) (Blank).
5    (c-5) On or before January 1, 2013, the State Board of
6Education shall develop a template for a model bullying
7prevention policy. The template must fulfill the requirements
8of this Article while allowing for customization by school
9districts in ways that do not conflict with this Article. The
10template must recommend that (1) restorative measures and other
11disciplinary interventions set forth in the interventions
12component of the policy on bullying be employed before the use
13of out-of-school suspension or expulsion; (2) out-of-school
14suspension, expulsion, or referral to law enforcement be
15imposed only when required by the federal Gun-Free Schools Act
16of 1994 or in exceptional circumstances to be determined by the
17State Board; (3) professional development and youth
18programming on bullying prevention, which are research-based,
19address the specific context of a school, and remain consistent
20with the State Board's recommendations for such training, be
21provided; (4) school districts and non-public, non-sectarian
22elementary or secondary schools use their personnel with
23expertise in social and emotional skill-building, restorative
24disciplinary interventions, or other subject areas relating to
25bullying prevention to provide such professional development
26and youth programming, seek free or cost-effective



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1professional development or youth programming from persons
2with expertise to provide those services, or train their
3personnel to provide those services.
4    (d) Beginning with the 2013-2014 school year, each Each
5school district and non-public, non-sectarian elementary or
6secondary school shall create and maintain a policy on
7bullying, which policy must be filed with the State Board of
8Education. The policy on bullying shall be based on the State
9Board of Education's template for a model bullying prevention
10policy and shall include criteria set forth in the definition
11of "policy on bullying". Each school district and non-public,
12non-sectarian elementary or secondary school shall comply with
13its bullying prevention policy must communicate its policy on
14bullying to its students and their parent or guardian on an
15annual basis. The policy must be updated every 2 years and
16filed with the State Board of Education after being updated.
17Data or reports on bullying allegations and incidents must
18inform policy updates. The State Board of Education shall
19monitor and provide technical support for the development and
20implementation of policies created under this subsection (d).
21    (e) This Section shall not be interpreted to prevent a
22victim from seeking redress under any other available civil or
23criminal law. Nothing in this Section is intended to infringe
24upon any right to exercise free expression or the free exercise
25of religion or religiously based views protected under the
26First Amendment to the United States Constitution or under



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1Section 3 or 4 of Article 1 of the Illinois Constitution.
2    (f) The State Board of Education shall adopt rules to
3implement the provisions of this Section.
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.)
6    Section 99. Effective date. This Act takes effect upon
7becoming law.".