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


Sen. Heather A. Steans

Filed: 4/30/2012





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2    AMENDMENT NO. ______. Amend House Bill 5290 by replacing
3everything after the enacting clause with the following:
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



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1outcomes associated with bullying in schools, the General
2Assembly finds that school districts and non-public,
3non-sectarian elementary and secondary schools should educate
4students, parents, and school district or non-public,
5non-sectarian elementary or secondary school personnel about
6what behaviors constitute prohibited bullying.
7    Bullying on the basis of actual or perceived race, color,
8religion, sex, national origin, ancestry, age, marital status,
9physical or mental disability, military status, sexual
10orientation, gender-related identity or expression,
11unfavorable discharge from military service, association with
12a person or group with one or more of the aforementioned actual
13or perceived characteristics, or any other distinguishing
14characteristic is prohibited in all school districts and
15non-public, non-sectarian elementary and secondary schools. No
16student shall be subjected to bullying:
17        (1) during any school-sponsored education program or
18    activity;
19        (2) while in school, on school property, on school
20    buses or other school vehicles, at designated school bus
21    stops waiting for the school bus, or at school-sponsored or
22    school-sanctioned events or activities; or
23        (3) through the transmission of information from a
24    school computer, a school computer network, or other
25    similar electronic school equipment.
26    (a-5) Nothing in this Section is intended to infringe upon



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



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



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



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1cafeteria workers, custodians, bus drivers, school resource
2officers, and security guards.
3    (c) (Blank).
4    (d) Each school district and non-public, non-sectarian
5elementary or secondary school shall create, and maintain, and
6implement a policy on bullying, which policy must be filed with
7the State Board of Education. Each school district and
8non-public, non-sectarian elementary or secondary school must
9communicate its policy on bullying to its students and their
10parent or guardian on an annual basis. The policy must be
11updated every 2 years and filed with the State Board of
12Education after being updated. The State Board of Education
13shall monitor and provide technical support for the
14implementation of policies created under this subsection (d).
15    (e) This Section shall not be interpreted to prevent a
16victim from seeking redress under any other available civil or
17criminal law. Nothing in this Section is intended to infringe
18upon any right to exercise free expression or the free exercise
19of religion or religiously based views protected under the
20First Amendment to the United States Constitution or under
21Section 3 or 4 of Article 1 of the Illinois Constitution.
22(Source: P.A. 95-198, eff. 1-1-08; 95-349, eff. 8-23-07;
2395-876, eff. 8-21-08; 96-952, eff. 6-28-10.)
24    Section 99. Effective date. This Act takes effect upon
25becoming law.".