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


Rep. Kelly M. Cassidy

Filed: 3/22/2012





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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



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1        (1) includes the bullying definition provided in this
2    Section;
3        (2) includes a statement that bullying is contrary to
4    State law and the policy of the school district or
5    non-public, non-sectarian elementary or secondary school;
6        (3) includes procedures for:
7            (i) promptly reporting bullying, including, but
8        not limited to, identifying a person or persons
9        responsible for receiving such reports and a procedure
10        for anonymous reporting; and
11            (ii) promptly investigating and addressing
12        complaints of bullying;
13        (4) includes the interventions that can be taken to
14    address bullying, which may include, but are not limited
15    to, restorative measures, social-emotional skill building,
16    counseling, school psychological services, school social
17    worker interventions, and community-based services;
18        (5) is based on the engagement of a range of school
19    stakeholders, including students and families;
20        (6) is posted on the school district's or non-public,
21    non-sectarian elementary or secondary school's existing
22    Internet website and is included in the student handbook,
23    and, where applicable, posted where other policies, rules,
24    and standards of conduct are currently posted in the
25    school, and is distributed annually to parents, guardians,
26    students, and school personnel, including new employees



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1    when hired; and
2        (7) is consistent with the school district's board
3    policies or non-public, non-sectarian elementary or
4    secondary school's administrative policies.
5    "Restorative measures" means a continuum of school-based
6alternatives to exclusionary discipline, such as suspensions
7and expulsions, that: (i) are adapted to the particular needs
8of the school and community, (ii) contribute to maintaining
9school safety, (iii) protect the integrity of a positive and
10productive learning climate, (iv) teach students the personal
11and interpersonal skills they will need to be successful in
12school and society, (v) serve to build and restore
13relationships among students, families, schools, and
14communities, and (vi) reduce the likelihood of future
15disruption by balancing accountability with an understanding
16of students' behavioral health needs in order to keep students
17in school.
18    "School personnel" means persons employed by, on contract
19with, or who volunteer in a school district or non-public,
20non-sectarian elementary or secondary school, including
21without limitation school and school district administrators,
22teachers, school guidance counselors, school social workers,
23school counselors, school psychologists, school nurses,
24cafeteria workers, custodians, bus drivers, school resource
25officers, and security guards.
26    (c) (Blank).



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1    (d) Each school district and non-public, non-sectarian
2elementary or secondary school shall create, and maintain, and
3implement a policy on bullying, which policy must be filed with
4the State Board of Education. Each school district and
5non-public, non-sectarian elementary or secondary school must
6communicate its policy on bullying to its students and their
7parent or guardian on an annual basis. The policy must be
8updated 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
11implementation of policies created under this subsection (d).
12    (e) This Section shall not be interpreted to prevent a
13victim from seeking redress under any other available civil or
14criminal law. Nothing in this Section is intended to infringe
15upon any right to exercise free expression or the free exercise
16of religion or religiously based views protected under the
17First Amendment to the United States Constitution or under
18Section 3 or 4 of Article 1 of the Illinois Constitution.
19(Source: P.A. 95-198, eff. 1-1-08; 95-349, eff. 8-23-07;
2095-876, eff. 8-21-08; 96-952, eff. 6-28-10.)
21    Section 99. Effective date. This Act takes effect upon
22becoming law.".