Full Text of HB5427 98th General Assembly
HB5427 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 HB5427 Introduced , by Rep. John M. Cabello SYNOPSIS AS INTRODUCED: |
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Amends the State Finance Act, the School Code, and the Board of Higher Education Act. Sets forth provisions concerning staff instruction in suicide prevention; an annual report on violence, vandalism, and harassment, intimidation, or bullying; a guidance document for student harassment, intimidation, and bullying complaints; an online tutorial on harassment, intimidation, and bullying; school board training on harassment, intimidation, and bullying; an educator licensure program on harassment, intimidation, and bullying prevention; the reporting, by school employees, of acts of violence, vandalism, and harassment, intimidation, or bullying; causes for suspension or expulsion of pupils; a school district policy and a public institution of higher education policy prohibiting harassment, intimidation, or bullying; a prohibition on reprisals, retaliation, and false accusations; the establishment of bullying prevention programs; the appointment of a school anti-bullying specialist and a district anti-bullying coordinator; the formation of school safety teams; the establishment of a formal protocol for investigating a complaint; and the creation of the Bullying Prevention Fund. Effective June 1, 2015.
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| | FISCAL NOTE ACT MAY APPLY | | STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT |
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| 1 | | AN ACT concerning education.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The State Finance Act is amended by adding | 5 | | Section 5.855 as follows: | 6 | | (30 ILCS 105/5.855 new) | 7 | | Sec. 5.855. The Bullying Prevention Fund. | 8 | | Section 10. The School Code is amended by adding Sections | 9 | | 2-3.160, 2-3.165, 2-3.170, 2-3.175, 21B-28, 22-80.5, 22-80.10, | 10 | | 22-80.15, 22-80.20, 22-80.25, 22-80.30, 22-80.35, 22-80.40, | 11 | | 22-80.45, and 22-80.50 and by changing Sections 10-16a, | 12 | | 10-22.6, 27-23.7, 34-3.2, 34-18.7, and 34-19 as follows: | 13 | | (105 ILCS 5/2-3.160 new) | 14 | | Sec. 2-3.160. Instruction in suicide prevention for public | 15 | | school teaching staff. The State Board of Education, in | 16 | | consultation with the Illinois Suicide Prevention Alliance, | 17 | | shall, as part of professional development, require each public | 18 | | school teaching staff member to complete at least 2 hours of | 19 | | instruction in suicide prevention, to be provided by a licensed | 20 | | health care professional with training and experience in mental | 21 | | health issues, in each professional development period. The |
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| 1 | | instruction in suicide prevention shall include information on | 2 | | the relationship between the risk of suicide and incidents of | 3 | | harassment, intimidation, and bullying and information on | 4 | | reducing the risk of suicide in students who are members of | 5 | | communities identified as having members at high risk of | 6 | | suicide. | 7 | | (105 ILCS 5/2-3.165 new) | 8 | | Sec. 2-3.165. Report on violence, vandalism, and | 9 | | harassment, intimidation, or bullying in public schools. The | 10 | | State Board of Education shall, each year, submit a report to | 11 | | the General Assembly detailing the extent of violence, | 12 | | vandalism, and harassment, intimidation, or bullying in the | 13 | | public schools and making recommendations to alleviate the | 14 | | problem. The report shall be made available annually to the | 15 | | public no later than October 1 and shall be posted on the State | 16 | | Board of Education's Internet website. | 17 | | (105 ILCS 5/2-3.170 new) | 18 | | Sec. 2-3.170. Guidance document; student harassment, | 19 | | intimidation, and bullying complaints. | 20 | | (a) The State Board of Education, in consultation with the | 21 | | Department of Human Rights, shall develop a guidance document | 22 | | for use by parents or guardians, students, and school districts | 23 | | to assist in resolving complaints concerning student | 24 | | harassment, intimidation, or bullying behaviors and the |
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| 1 | | implementation of Sections 22-80.5 through 22-80.40 of this | 2 | | Code by school districts. The document shall include: | 3 | | (1) a school district's obligations under this | 4 | | amendatory Act of the 98th General Assembly; | 5 | | (2) best practices for the prevention, intervention, | 6 | | and remediation of harassment, intimidation, or bullying | 7 | | in schools, including methods to identify and assist | 8 | | student populations at high risk for harassment, | 9 | | intimidation, or bullying; | 10 | | (3) a clear explanation of the procedures for | 11 | | petitioning the State Superintendent of Education to hear | 12 | | and decide disputes; | 13 | | (4) a clear explanation of the Department of Human | 14 | | Rights' jurisdiction and services in regard to specific | 15 | | types of harassment, intimidation, or bullying; and | 16 | | (5) a clear explanation of the process for appealing | 17 | | final agency determinations. | 18 | | (b) The guidance document shall be available on the State | 19 | | Board of Education's and the Department of Human Rights' | 20 | | Internet websites and on every school district's Internet | 21 | | website at an easily accessible location. | 22 | | (105 ILCS 5/2-3.175 new) | 23 | | Sec. 2-3.175. Online tutorial on harassment, intimidation, | 24 | | and bullying. The State Superintendent of Education shall | 25 | | develop, in consultation with the Department of Human Rights, |
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| 1 | | and make available on the State Board of Education's Internet | 2 | | website an online tutorial on harassment, intimidation, and | 3 | | bullying. The online tutorial shall, at a minimum, include best | 4 | | practices in the prevention of harassment, intimidation, and | 5 | | bullying, applicable laws, and such other information that the | 6 | | State Superintendent of Education determines to be | 7 | | appropriate. The online tutorial shall be accompanied by a test | 8 | | to assess a person's understanding of the information provided | 9 | | in the tutorial. | 10 | | (105 ILCS 5/10-16a) | 11 | | Sec. 10-16a. School board member member's leadership | 12 | | training. | 13 | | (a) This Section applies to all school board members | 14 | | serving pursuant to Section 10-10 of this Code who have been | 15 | | elected after the effective date of this amendatory Act of the | 16 | | 97th General Assembly or appointed to fill a vacancy of at | 17 | | least one year's duration after the effective date of this | 18 | | amendatory Act of the 97th General Assembly. | 19 | | (b) Every voting member of a school board of a school | 20 | | district elected or appointed for a term beginning after the | 21 | | effective date of this amendatory Act of the 97th General | 22 | | Assembly, within a year after the effective date of this | 23 | | amendatory Act of the 97th General Assembly or the first year | 24 | | of his or her first term, shall complete a minimum of 4 hours | 25 | | of professional development leadership training covering |
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| 1 | | topics in education and labor law, financial oversight and | 2 | | accountability, and fiduciary responsibilities of a school | 3 | | board member. The school district shall maintain on its | 4 | | Internet website, if any, the names of all voting members of | 5 | | the school board who have successfully completed the training. | 6 | | (c) The training on financial oversight, accountability, | 7 | | and fiduciary responsibilities may be provided by an | 8 | | association established under this Code for the purpose of | 9 | | training school board members or by other qualified providers | 10 | | approved by the State Board of Education, in consultation with | 11 | | an association so established.
| 12 | | (d) Each member of a school board shall receive training on | 13 | | harassment, intimidation, and bullying in schools. The | 14 | | training on harassment, intimidation, and bullying in schools | 15 | | shall be provided by the Illinois Association of School Boards, | 16 | | in consultation with recognized experts in school bullying from | 17 | | a cross section of academia, child advocacy organizations, | 18 | | nonprofit organizations, professional associations, and | 19 | | government agencies. | 20 | | (Source: P.A. 97-8, eff. 6-13-11.)
| 21 | | (105 ILCS 5/10-22.6) (from Ch. 122, par. 10-22.6)
| 22 | | Sec. 10-22.6. Suspension or expulsion of pupils; school | 23 | | searches.
| 24 | | (a) To expel pupils guilty of gross disobedience or | 25 | | misconduct, including gross disobedience or misconduct |
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| 1 | | perpetuated by electronic means, and
no action shall lie | 2 | | against them for such expulsion. Expulsion shall
take place | 3 | | only after the parents have been requested to appear at a
| 4 | | meeting of the board, or with a hearing officer appointed by | 5 | | it, to
discuss their child's behavior. Such request shall be | 6 | | made by registered
or certified mail and shall state the time, | 7 | | place and purpose of the
meeting. The board, or a hearing | 8 | | officer appointed by it, at such
meeting shall state the | 9 | | reasons for dismissal and the date on which the
expulsion is to | 10 | | become effective. If a hearing officer is appointed by
the | 11 | | board he shall report to the board a written summary of the | 12 | | evidence
heard at the meeting and the board may take such | 13 | | action thereon as it
finds appropriate. An expelled pupil may | 14 | | be immediately transferred to an alternative program in the | 15 | | manner provided in Article 13A or 13B of this Code. A pupil | 16 | | must not be denied transfer because of the expulsion, except in | 17 | | cases in which such transfer is deemed to cause a threat to the | 18 | | safety of students or staff in the alternative program.
| 19 | | (b) To suspend or by policy to authorize the superintendent | 20 | | of
the district or the principal, assistant principal, or dean | 21 | | of students
of any school to suspend pupils guilty of gross | 22 | | disobedience or misconduct, or
to suspend pupils guilty of | 23 | | gross disobedience or misconduct on the school bus
from riding | 24 | | the school bus, and no action
shall lie against them for such | 25 | | suspension. The board may by policy
authorize the | 26 | | superintendent of the district or the principal, assistant
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| 1 | | principal, or dean of students of any
school to suspend pupils | 2 | | guilty of such acts for a period not to exceed
10 school days. | 3 | | If a pupil is suspended due to gross disobedience or misconduct
| 4 | | on a school bus, the board may suspend the pupil in excess of | 5 | | 10
school
days for safety reasons. Any suspension shall be | 6 | | reported immediately to the
parents or guardian of such pupil | 7 | | along with a full statement of the
reasons for such suspension | 8 | | and a notice of their right to a review. The school board must | 9 | | be given a summary of the notice, including the reason for the | 10 | | suspension and the suspension length. Upon request of the
| 11 | | parents or guardian the school board or a hearing officer | 12 | | appointed by
it shall review such action of the superintendent | 13 | | or principal, assistant
principal, or dean of students. At such
| 14 | | review the parents or guardian of the pupil may appear and | 15 | | discuss the
suspension with the board or its hearing officer. | 16 | | If a hearing officer
is appointed by the board he shall report | 17 | | to the board a written summary
of the evidence heard at the | 18 | | meeting. After its hearing or upon receipt
of the written | 19 | | report of its hearing officer, the board may take such
action | 20 | | as it finds appropriate. A pupil who is suspended in excess of | 21 | | 20 school days may be immediately transferred to an alternative | 22 | | program in the manner provided in Article 13A or 13B of this | 23 | | Code. A pupil must not be denied transfer because of the | 24 | | suspension, except in cases in which such transfer is deemed to | 25 | | cause a threat to the safety of students or staff in the | 26 | | alternative program.
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| 1 | | (c) The Department of Human Services
shall be invited to | 2 | | send a representative to consult with the board at
such meeting | 3 | | whenever there is evidence that mental illness may be the
cause | 4 | | for expulsion or suspension.
| 5 | | (d) The board may expel a student for a definite period of | 6 | | time not to
exceed 2 calendar years, as determined on a case by | 7 | | case basis.
A student who
is determined to have brought one of | 8 | | the following objects to school, any school-sponsored activity
| 9 | | or event, or any activity or event that bears a reasonable | 10 | | relationship to school shall be expelled for a period of not | 11 | | less than
one year: | 12 | | (1) A firearm. For the purposes of this Section, | 13 | | "firearm" means any gun, rifle, shotgun, weapon as defined | 14 | | by Section 921 of Title 18 of the United States Code, | 15 | | firearm as defined in Section 1.1 of the Firearm Owners | 16 | | Identification Card Act, or firearm as defined in Section | 17 | | 24-1 of the Criminal Code of 2012. The expulsion period | 18 | | under this subdivision (1) may be modified by the | 19 | | superintendent, and the superintendent's determination may | 20 | | be modified by the board on a case-by-case basis. | 21 | | (2) A knife, brass knuckles or other knuckle weapon | 22 | | regardless of its composition, a billy club, or any other | 23 | | object if used or attempted to be used to cause bodily | 24 | | harm, including "look alikes" of any firearm as defined in | 25 | | subdivision (1) of this subsection (d). The expulsion | 26 | | requirement under this subdivision (2) may be modified by |
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| 1 | | the superintendent, and the superintendent's determination | 2 | | may be modified by the board on a case-by-case basis. | 3 | | Expulsion
or suspension
shall be construed in a
manner | 4 | | consistent with the Federal Individuals with Disabilities | 5 | | Education
Act. A student who is subject to suspension or | 6 | | expulsion as provided in this
Section may be eligible for a | 7 | | transfer to an alternative school program in
accordance with | 8 | | Article 13A of the School Code. The provisions of this
| 9 | | subsection (d) apply in all school districts,
including special | 10 | | charter districts and districts organized under Article 34.
| 11 | | (d-5) The board may suspend or by regulation
authorize the | 12 | | superintendent of the district or the principal, assistant
| 13 | | principal, or dean of students of any
school to suspend a | 14 | | student for a period not to exceed
10 school days or may expel | 15 | | a student for a definite period of time not to
exceed 2 | 16 | | calendar years, as determined on a case by case basis, if (i) | 17 | | that student has been determined to have made an explicit | 18 | | threat on an Internet website against a school employee, a | 19 | | student, or any school-related personnel, (ii) the Internet | 20 | | website through which the threat was made is a site that was | 21 | | accessible within the school at the time the threat was made or | 22 | | was available to third parties who worked or studied within the | 23 | | school grounds at the time the threat was made, and (iii) the | 24 | | threat could be reasonably interpreted as threatening to the | 25 | | safety and security of the threatened individual because of his | 26 | | or her duties or employment status or status as a student |
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| 1 | | inside the school. The provisions of this
subsection (d-5) | 2 | | apply in all school districts,
including special charter | 3 | | districts and districts organized under Article 34 of this | 4 | | Code.
| 5 | | (d-10) A student may also be suspended or expelled for | 6 | | those reasons specified under Section 22-80.15 of this Code. | 7 | | (e) To maintain order and security in the schools, school | 8 | | authorities may
inspect and search places and areas such as | 9 | | lockers, desks, parking lots, and
other school property and | 10 | | equipment owned or controlled by the school, as well
as | 11 | | personal effects left in those places and areas by students, | 12 | | without notice
to or the consent of the student, and without a | 13 | | search warrant. As a matter of
public policy, the General | 14 | | Assembly finds that students have no reasonable
expectation of | 15 | | privacy in these places and areas or in their personal effects
| 16 | | left in these places and areas. School authorities may request | 17 | | the assistance
of law enforcement officials for the purpose of | 18 | | conducting inspections and
searches of lockers, desks, parking | 19 | | lots, and other school property and
equipment owned or | 20 | | controlled by the school for illegal drugs, weapons, or
other
| 21 | | illegal or dangerous substances or materials, including | 22 | | searches conducted
through the use of specially trained dogs. | 23 | | If a search conducted in accordance
with this Section produces | 24 | | evidence that the student has violated or is
violating either | 25 | | the law, local ordinance, or the school's policies or rules,
| 26 | | such evidence may be seized by school authorities, and |
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| 1 | | disciplinary action may
be taken. School authorities may also | 2 | | turn over such evidence to law
enforcement authorities. The | 3 | | provisions of this subsection (e) apply in all
school | 4 | | districts, including special charter districts and districts | 5 | | organized
under Article 34.
| 6 | | (f) Suspension or expulsion may include suspension or | 7 | | expulsion from
school and all school activities and a | 8 | | prohibition from being present on school
grounds.
| 9 | | (g) A school district may adopt a policy providing that if | 10 | | a student
is suspended or expelled for any reason from any | 11 | | public or private school
in this or any other state, the | 12 | | student must complete the entire term of
the suspension or | 13 | | expulsion in an alternative school program under Article 13A of | 14 | | this Code or an alternative learning opportunities program | 15 | | under Article 13B of this Code before being admitted into the | 16 | | school
district if there is no threat to the safety of students | 17 | | or staff in the alternative program. This subsection (g) | 18 | | applies to
all school districts, including special charter | 19 | | districts and districts
organized under Article 34 of this | 20 | | Code.
| 21 | | (Source: P.A. 96-633, eff. 8-24-09; 96-998, eff. 7-2-10; | 22 | | 97-340, eff. 1-1-12; 97-495, eff. 1-1-12; 97-813, eff. 7-13-12; | 23 | | 97-1150, eff. 1-25-13.)
| 24 | | (105 ILCS 5/21B-28 new) | 25 | | Sec. 21B-28. Harassment, intimidation, and bullying |
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| 1 | | prevention program and professional development required. | 2 | | (a) All candidates for professional educator licensure who | 3 | | have completed an approved educator preparation program shall | 4 | | satisfactorily complete a program on harassment, intimidation, | 5 | | and bullying prevention. | 6 | | (b) All candidates for educator licensure with | 7 | | stipulations with an alternative provisional educator | 8 | | endorsement shall, within one year of being employed, | 9 | | satisfactorily complete a program on harassment, intimidation, | 10 | | and bullying prevention. | 11 | | (c) All candidates for general administrative, principal, | 12 | | and superintendent endorsements shall have satisfactorily | 13 | | completed a program on harassment, intimidation, and bullying | 14 | | prevention. | 15 | | (d) The State Board of Education shall establish the | 16 | | appropriate requirements of the program on harassment, | 17 | | intimidation, and bullying prevention. | 18 | | (e) The State Board of Education shall, as part of the | 19 | | professional development for public school teachers, require | 20 | | each public school teacher to complete at least 2 hours of | 21 | | instruction on harassment, intimidation, or bullying | 22 | | prevention in each professional development period. | 23 | | (105 ILCS 5/22-80.5 new) | 24 | | Sec. 22-80.5. Harassment, intimidation, and bullying | 25 | | prevention requirements; application. |
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| 1 | | (a) Sections 22-80.10 through 22-80.50 of this Code apply | 2 | | only to public schools and school districts. Nonpublic schools | 3 | | are encouraged to comply with Sections 22-80.10 through | 4 | | 22-80.45 of this Code. In the case of a faith-based nonpublic | 5 | | school, no provision of this Section shall be interpreted to | 6 | | prohibit or abridge the legitimate statement, expression, or | 7 | | free exercise of the beliefs or tenets of that faith by the | 8 | | religious organization operating the school or by the school's | 9 | | faculty, staff, or student body. | 10 | | (b) Nothing contained in Sections 22-80.10 through | 11 | | 22-80.50 of this Code shall alter or reduce the rights of a | 12 | | student with a disability with regard to disciplinary actions | 13 | | or to general or special educational services and supports. | 14 | | (c) Nothing contained in Sections 22-80.10 through | 15 | | 22-80.50 of this Code shall be construed as affecting the | 16 | | provisions of any collective bargaining agreement or | 17 | | individual contract of employment in effect on the effective | 18 | | date of this amendatory Act of the 98th General Assembly. | 19 | | (105 ILCS 5/22-80.10 new) | 20 | | Sec. 22-80.10. Harassment, intimidation, and bullying | 21 | | prevention; reporting of acts by school employees. | 22 | | (a) Any school employee observing or having direct | 23 | | knowledge from a participant or victim of an act of violence, | 24 | | vandalism, or harassment, intimidation, or bullying shall, in | 25 | | accordance with standards established by the State |
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| 1 | | Superintendent of Education, file a report describing the | 2 | | incident to the school principal in a manner prescribed by the | 3 | | State Superintendent of Education, and a copy of the report | 4 | | shall be forwarded to the district superintendent. | 5 | | The principal shall notify the district superintendent of | 6 | | the action taken regarding the incident. Two times each school | 7 | | year, between September 1 and January 1 and between January 1 | 8 | | and June 30, at a public hearing, the superintendent shall | 9 | | report to the school board all acts of violence, vandalism, and | 10 | | harassment, intimidation, or bullying that occurred during the | 11 | | previous reporting period. The report shall include the number | 12 | | of reports of harassment, intimidation, or bullying, the status | 13 | | of all investigations, the nature of the bullying, the names of | 14 | | the investigators, the type and nature of any discipline | 15 | | imposed on any student engaged in harassment, intimidation, or | 16 | | bullying, and any other measures imposed, training conducted, | 17 | | or programs implemented to reduce harassment, intimidation, or | 18 | | bullying. The information shall also be reported once during | 19 | | each reporting period to the State Board of Education. The | 20 | | report must include data broken down by each school in the | 21 | | district, in addition to district-wide data. It shall be a | 22 | | violation to improperly release any confidential information | 23 | | not authorized by federal or State law for public release. | 24 | | (b) The report under subsection (a) of this Section shall | 25 | | be used to grade each school for the purpose of assessing its | 26 | | effort to implement policies and programs consistent with the |
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| 1 | | provisions of Sections 22-80.20 and 22-80.30 of this Code. The | 2 | | district shall receive a grade determined by averaging the | 3 | | grades of all the schools in the district. The State | 4 | | Superintendent of Education shall promulgate guidelines for a | 5 | | program to grade schools for the purposes of this Section. | 6 | | The grade received by a school and the district shall be | 7 | | posted on the homepage of the school's Internet website. The | 8 | | grade for the district and each school of the district shall be | 9 | | posted on the homepage of the district's Internet website. A | 10 | | link to the report shall be available on the district's | 11 | | Internet website. The information shall be posted on the | 12 | | Internet websites within 10 days after the receipt of a grade | 13 | | by the school and district. | 14 | | (c) Verification of the reports on violence, vandalism, and | 15 | | harassment, intimidation, or bullying shall be part of this | 16 | | State's monitoring of the school district, and the State Board | 17 | | of Education shall adopt rules that impose a penalty on a | 18 | | school employee who knowingly falsifies the report. A school | 19 | | board shall provide ongoing staff training, in cooperation with | 20 | | the State Board of Education, in fulfilling the reporting | 21 | | requirements pursuant to this Section. The majority | 22 | | representative of the school employees shall have access | 23 | | monthly to the number and disposition of all reported acts of | 24 | | school violence, vandalism, and harassment, intimidation, or | 25 | | bullying. | 26 | | (d) It shall be unlawful for any school board to discharge |
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| 1 | | or in any manner discriminate against a school employee as to | 2 | | his or her employment because the employee had filed a report | 3 | | pursuant to this Section. Any employee discriminated against | 4 | | shall be restored to his or her employment and shall be | 5 | | compensated by the school board for any loss of wages arising | 6 | | out of the discrimination; however, if the employee shall cease | 7 | | to be qualified to perform the duties of his or her employment, | 8 | | he or she shall not be entitled to restoration and | 9 | | compensation. | 10 | | (105 ILCS 5/22-80.15 new) | 11 | | Sec. 22-80.15. Harassment, intimidation, and bullying | 12 | | prevention; cause for suspension or expulsion of pupils. | 13 | | (a) In this Section: | 14 | | "Electronic communication" means a communication | 15 | | transmitted by means of an electronic device, including, but | 16 | | not limited to, a telephone, cellular phone, computer, or | 17 | | pager. | 18 | | "Harassment, intimidation, or bullying" means any gesture, | 19 | | any written, verbal, or physical act, or any electronic | 20 | | communication, whether it be a single incident or a series of | 21 | | incidents, that is reasonably perceived as being motivated | 22 | | either by any actual or perceived characteristic, such as race, | 23 | | color, religion, ancestry, national origin, gender, sexual | 24 | | orientation, gender identity and expression, or a mental, | 25 | | physical, or sensory disability, or by any other distinguishing |
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| 1 | | characteristic, that takes place on school property, at any | 2 | | school-sponsored function, on a school bus, or off school | 3 | | grounds, that substantially disrupts or interferes with the | 4 | | orderly operation of the school or the rights of other | 5 | | students, and that: | 6 | | (1) a reasonable person should know, under the | 7 | | circumstances, will have the effect of physically or | 8 | | emotionally harming a student or damaging the student's | 9 | | property or placing a student in reasonable fear of | 10 | | physical or emotional harm to his or her person or damage | 11 | | to his or her property; | 12 | | (2) has the effect of insulting or demeaning any | 13 | | student or group of students; or | 14 | | (3) creates a hostile educational environment for the | 15 | | student by interfering with a student's education or by | 16 | | severely or pervasively causing physical or emotional harm | 17 | | to the student. | 18 | | (b) Any pupil who is guilty of continued and willful | 19 | | disobedience or of open defiance of the authority of any | 20 | | teacher or person having authority over him or her or of the | 21 | | habitual use of profanity or of obscene language or who shall | 22 | | cut, deface, or otherwise injure any school property shall be | 23 | | liable to punishment and to suspension or expulsion from | 24 | | school. | 25 | | Conduct which shall constitute good cause for suspension or | 26 | | expulsion of a pupil guilty of such conduct shall include, but |
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| 1 | | not be limited to, any of the following: | 2 | | (1) Continued and willful disobedience. | 3 | | (2) Open defiance of the authority of any teacher or | 4 | | person having authority over him or her. | 5 | | (3) Conduct of such character as to constitute a | 6 | | continuing danger to the physical well-being of other | 7 | | pupils. | 8 | | (4) Physical assault upon another pupil. | 9 | | (5) Taking or attempting to take personal property or | 10 | | money from another pupil or from his or her presence by | 11 | | means of force or fear. | 12 | | (6) Willfully causing or attempting to cause | 13 | | substantial damage to school property. | 14 | | (7) Participation in an unauthorized occupancy by any | 15 | | group of pupils or others of any part of any school or | 16 | | other building owned by any school district, and failure to | 17 | | leave such school or other facility promptly after having | 18 | | been directed to do so by the principal or other person | 19 | | then in charge of such building or facility. | 20 | | (8) Incitement that is intended to and does result in | 21 | | unauthorized occupation by any group of pupils or others of | 22 | | any part of a school or other facility owned by any school | 23 | | district. | 24 | | (9) Incitement that is intended to and does result in | 25 | | truancy by other pupils. | 26 | | (10) Knowing possession or knowing consumption without |
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| 1 | | legal authority of alcoholic beverages or controlled | 2 | | dangerous substances on school premises or being under the | 3 | | influence of intoxicating liquor or controlled dangerous | 4 | | substances while on school premises. | 5 | | (11) Harassment, intimidation, or bullying. | 6 | | (105 ILCS 5/22-80.20 new) | 7 | | Sec. 22-80.20. Adoption of policy prohibiting harassment, | 8 | | intimidation, or bullying. | 9 | | (a) Each school district shall adopt a policy prohibiting | 10 | | harassment, intimidation, or bullying on school property, at a | 11 | | school-sponsored function, or on a school bus. The school | 12 | | district shall adopt the policy through a process that includes | 13 | | representation of parents or guardians, school employees, | 14 | | volunteers, students, administrators, and community | 15 | | representatives. | 16 | | (b) A school district shall have local control over the | 17 | | content of the policy, except that the policy shall contain, at | 18 | | a minimum, all of the following components: | 19 | | (1) A statement prohibiting harassment, intimidation | 20 | | or bullying of a student. | 21 | | (2) A definition of harassment, intimidation, or | 22 | | bullying no less inclusive than that set forth in Section | 23 | | 22-80.15 of this Code. | 24 | | (3) A description of the type of behavior expected from | 25 | | each student. |
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| 1 | | (4) Consequences and appropriate remedial action for a | 2 | | person who commits an act of harassment, intimidation, or | 3 | | bullying. | 4 | | (5) A procedure for reporting an act of harassment, | 5 | | intimidation, or bullying, including a provision that | 6 | | permits a person to report an act of harassment, | 7 | | intimidation, or bullying anonymously; however, this shall | 8 | | not be construed to permit formal disciplinary action | 9 | | solely on the basis of an anonymous report. All acts of | 10 | | harassment, intimidation, or bullying shall be reported | 11 | | verbally to the school principal on the same day when the | 12 | | school employee or contracted service provider witnessed | 13 | | or received reliable information regarding any such | 14 | | incident. The principal shall inform the parents or | 15 | | guardians of all students involved in the alleged incident | 16 | | and may discuss, as appropriate, the availability of | 17 | | counseling and other intervention services. All acts of | 18 | | harassment, intimidation, or bullying shall be reported in | 19 | | writing to the school principal within 2 school days of | 20 | | when the school employee or contracted service provider | 21 | | witnessed or received reliable information that a student | 22 | | had been subject to harassment, intimidation, or bullying. | 23 | | (6) A procedure for prompt investigation of reports of | 24 | | violations and complaints, which procedure shall, at a | 25 | | minimum, provide all of the following: | 26 | | (A) The investigation shall be initiated by the |
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| 1 | | principal or the principal's designee within one | 2 | | school day after the report of the incident and shall | 3 | | be conducted by a school anti-bullying specialist. The | 4 | | principal may appoint additional personnel who are not | 5 | | school anti-bullying specialists to assist in the | 6 | | investigation. The investigation shall be completed as | 7 | | soon as possible, but not later than 10 school days | 8 | | from the date of the written report of the incident of | 9 | | harassment, intimidation, or bullying. In the event | 10 | | that there is information relative to the | 11 | | investigation that is anticipated but not yet received | 12 | | by the end of the 10-day period, the school | 13 | | anti-bullying specialist may amend the original report | 14 | | of the results of the investigation to reflect the | 15 | | information. | 16 | | (B) The results of the investigation shall be | 17 | | reported to the district superintendent within 2 | 18 | | school days after the completion of the investigation, | 19 | | and, in accordance with rules adopted by the State | 20 | | Board of Education, the superintendent may decide to | 21 | | provide intervention services, establish training | 22 | | programs to reduce harassment, intimidation, or | 23 | | bullying and enhance school climate, impose | 24 | | discipline, order counseling as a result of the | 25 | | findings of the investigation, or take or recommend | 26 | | other appropriate action. |
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| 1 | | (C) The results of each investigation shall be | 2 | | reported to the school board no later than the date of | 3 | | the school board meeting next following the completion | 4 | | of the investigation, along with information on any | 5 | | services provided, training established, discipline | 6 | | imposed, or other action taken or recommended by the | 7 | | superintendent. | 8 | | (D) Parents or guardians of the students who are | 9 | | parties to the investigation shall be entitled to | 10 | | receive information about the investigation, in | 11 | | accordance with federal and State laws and rules, | 12 | | including the nature of the investigation, whether the | 13 | | district found evidence of harassment, intimidation, | 14 | | or bullying, or whether discipline was imposed or | 15 | | services provided to address the incident of | 16 | | harassment, intimidation, or bullying. This | 17 | | information shall be provided in writing within 5 | 18 | | school days after the results of the investigation are | 19 | | reported to the school board. A parent or guardian may | 20 | | request a hearing before the school board after | 21 | | receiving the information, and the hearing shall be | 22 | | held within 10 days after the request. The school board | 23 | | shall meet in executive session for the hearing to | 24 | | protect the confidentiality of the students. At the | 25 | | hearing, the school board may hear from the school | 26 | | anti-bullying specialist about the incident, |
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| 1 | | recommendations for discipline or services, and any | 2 | | programs instituted to reduce such incidents. | 3 | | (E) At the next school board meeting following its | 4 | | receipt of the report, the school board shall issue a | 5 | | decision, in writing, to affirm, reject, or modify the | 6 | | superintendent's decision. The school board's decision | 7 | | may be appealed to the State Superintendent of | 8 | | Education, in accordance with procedures set forth in | 9 | | laws and rules, no later than 90 days after the | 10 | | issuance of the school board's decision. | 11 | | (F) A parent, student, guardian, or organization | 12 | | may file a complaint with the Department of Human | 13 | | Rights within 180 days after the occurrence of any | 14 | | incident of harassment, intimidation, or bullying | 15 | | based on membership in a protected group. | 16 | | (7) The range of ways in which a school will respond | 17 | | once an incident of harassment, intimidation or bullying is | 18 | | identified, which shall be defined by the principal in | 19 | | conjunction with the school anti-bullying specialist, but | 20 | | shall include an appropriate combination of services that | 21 | | are available within the district, such as counseling, | 22 | | support services, intervention services, and other | 23 | | programs, as defined by the State Superintendent of | 24 | | Education. In the event that the necessary programs and | 25 | | services are not available within the district, the | 26 | | district may apply to the State Board of Education for a |
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| 1 | | grant from the Bullying Prevention Fund established | 2 | | pursuant to Section 22-80.50 of this Code to support the | 3 | | provision of out-of-district programs and services. | 4 | | (8) A statement that prohibits reprisal or retaliation | 5 | | against any person who reports an act of harassment, | 6 | | intimidation, or bullying and the consequence and | 7 | | appropriate remedial action for a person who engages in | 8 | | reprisal or retaliation. | 9 | | (9) Consequences and appropriate remedial action for a | 10 | | person found to have falsely accused another as a means of | 11 | | retaliation or as a means of harassment, intimidation, or | 12 | | bullying. | 13 | | (10) A statement of how the policy is to be publicized, | 14 | | including notice that the policy applies to participation | 15 | | in school-sponsored functions. | 16 | | (11) A requirement that a link to the policy be | 17 | | prominently posted on the home page of the school | 18 | | district's Internet website and distributed annually to | 19 | | parents and guardians who have children enrolled in a | 20 | | school in the school district. | 21 | | (12) A requirement that the name, school phone number, | 22 | | school address, and school e-mail address of the district | 23 | | anti-bullying coordinator be listed on the home page of the | 24 | | school district's Internet website and that on the home | 25 | | page of each school's Internet website the name, school | 26 | | phone number, school address, and school e-mail address of |
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| 1 | | the school anti-bullying specialist and the district | 2 | | anti-bullying coordinator be listed. The information | 3 | | concerning the district anti-bullying coordinator and the | 4 | | school anti-bullying specialists shall also be maintained | 5 | | on the State Board of Education's Internet website. | 6 | | (c) Information regarding the school district policy | 7 | | against harassment, intimidation, or bullying shall be | 8 | | incorporated into a school's employee training program and | 9 | | shall be provided to full-time and part-time staff, volunteers | 10 | | who have significant contact with students, and those persons | 11 | | contracted by the district to provide services to students. | 12 | | (d) The policy adopted by each school district pursuant to | 13 | | this Section shall include provisions for appropriate | 14 | | responses to harassment, intimidation, or bullying, as defined | 15 | | in Section 22-80.15 of this Code, that occurs off school | 16 | | grounds, in cases in which a school employee is made aware of | 17 | | such actions. The responses to harassment, intimidation, or | 18 | | bullying that occurs off school grounds shall be consistent | 19 | | with the school board's code of student conduct and other | 20 | | provisions of the school board's policy on harassment, | 21 | | intimidation, or bullying. | 22 | | (105 ILCS 5/22-80.25 new) | 23 | | Sec. 22-80.25. Victim of or witness to act of harassment, | 24 | | intimidation, or bullying; reprisal, retaliation, and false | 25 | | accusation prohibited. |
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| 1 | | (a) A member of a school board, school employee, student, | 2 | | or school volunteer may not engage in reprisal, retaliation, or | 3 | | false accusation against a victim, witness, or one with | 4 | | reliable information about an act of harassment, intimidation, | 5 | | or bullying. | 6 | | (b) A member of a school board, school employee, contracted | 7 | | service provider, student, or school volunteer who has | 8 | | witnessed or has reliable information that a student has been | 9 | | subject to harassment, intimidation, or bullying shall report | 10 | | the incident to the appropriate school official designated by | 11 | | the school district's policy under Section 22-80.20 of this | 12 | | Code or to any school administrator or safe schools resource | 13 | | officer, who shall immediately initiate the school district's | 14 | | procedures concerning school bullying. | 15 | | (c) A member of a school board or a school employee who | 16 | | promptly reports an incident of harassment, intimidation, or | 17 | | bullying to the appropriate school official designated by the | 18 | | school district's policy under Section 22-80.20 of this Code or | 19 | | to any school administrator or safe schools resource officer | 20 | | and who makes this report in compliance with the procedures in | 21 | | the district's policy is immune from a cause of action for | 22 | | damages arising from any failure to remedy the reported | 23 | | incident. | 24 | | (d) A school administrator who receives a report of | 25 | | harassment, intimidation, or bullying from a district employee | 26 | | and fails to initiate or conduct an investigation or who should |
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| 1 | | have known of an incident of harassment, intimidation, or | 2 | | bullying and fails to take sufficient action to minimize or | 3 | | eliminate the harassment, intimidation, or bullying may be | 4 | | subject to disciplinary action. | 5 | | (105 ILCS 5/22-80.30 new) | 6 | | Sec. 22-80.30. Establishment of bullying prevention | 7 | | programs. | 8 | | (a) Schools and school districts shall annually establish, | 9 | | implement, document, and assess bullying prevention programs | 10 | | or approaches and other initiatives involving school staff, | 11 | | students, administrators, school volunteers, parents, law | 12 | | enforcement, and community members. The programs or approaches | 13 | | shall be designed to create school-wide conditions to prevent | 14 | | and address harassment, intimidation, and bullying. | 15 | | A school district may implement bullying prevention | 16 | | programs and approaches that may be available at no cost from | 17 | | the State Board of Education or any other entity. A school | 18 | | district may, at its own discretion, implement bullying | 19 | | prevention programs and approaches that impose a cost on the | 20 | | district.
A school district may apply to the State Board of | 21 | | Education for a grant to be used for programs, approaches, or | 22 | | personnel under this Section, to the extent funds are | 23 | | appropriated for these purposes or funds are made available | 24 | | through the Bullying Prevention Fund established pursuant to | 25 | | Section 22-80.50 of this Code. A school district may make an |
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| 1 | | application for a grant only after exploring bullying | 2 | | prevention programs and approaches that are available at no | 3 | | cost and making an affirmative demonstration of that | 4 | | exploration in its grant application. | 5 | | (b) A school district shall: | 6 | | (1) provide training on the school district's | 7 | | harassment, intimidation, or bullying policies to school | 8 | | employees and volunteers who have significant contact with | 9 | | students; | 10 | | (2) ensure that the training includes instruction on | 11 | | preventing bullying on the basis of protected categories | 12 | | and other distinguishing characteristics that may incite | 13 | | incidents of discrimination, harassment, intimidation, or | 14 | | bullying; and | 15 | | (3) develop a process for discussing the district's | 16 | | harassment, intimidation, or bullying policy with | 17 | | students. | 18 | | A school district may satisfy the training required | 19 | | pursuant to this subsection (b) by utilizing training that may | 20 | | be provided at no cost by the State Board of Education or any | 21 | | other entity. A school district may, at its own discretion, | 22 | | implement a training program that imposes a cost on the | 23 | | district. | 24 | | (105 ILCS 5/22-80.35 new) | 25 | | Sec. 22-80.35. School anti-bullying specialists and |
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| 1 | | coordinators. | 2 | | (a) The principal in each school in a school district shall | 3 | | appoint a school anti-bullying specialist. When a school | 4 | | guidance counselor, school psychologist, or another individual | 5 | | similarly trained is currently employed in the school, the | 6 | | principal shall appoint that individual to be the school | 7 | | anti-bullying specialist. If no individual meeting this | 8 | | criteria is currently employed in the school, the principal | 9 | | shall appoint a school anti-bullying specialist from currently | 10 | | employed school personnel. The school anti-bullying specialist | 11 | | shall: | 12 | | (1) chair the school safety team as provided in Section | 13 | | 22-80.40 of this Code; | 14 | | (2) lead the investigation of incidents of harassment, | 15 | | intimidation, and bullying in the school; and | 16 | | (3) act as the primary school official responsible for | 17 | | preventing, identifying, and addressing incidents of | 18 | | harassment, intimidation, and bullying in the school. | 19 | | (b) The district superintendent shall appoint a district | 20 | | anti-bullying coordinator. The superintendent shall make every | 21 | | effort to appoint an employee of the school district to this | 22 | | position. The district anti-bullying coordinator shall: | 23 | | (1) be responsible for coordinating and strengthening | 24 | | the school district's policies to prevent, identify, and | 25 | | address harassment, intimidation, and bullying of | 26 | | students; |
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| 1 | | (2) collaborate with school anti-bullying specialists | 2 | | in the district, the school board, and the superintendent | 3 | | of schools to prevent, identify, and respond to harassment, | 4 | | intimidation, and bullying of students in the district; | 5 | | (3) provide data, in collaboration with the | 6 | | superintendent, to the State Board of Education regarding | 7 | | harassment, intimidation, and bullying of students; and | 8 | | (4) execute such other duties related to school | 9 | | harassment, intimidation, and bullying as requested by the | 10 | | superintendent. | 11 | | (c) The district anti-bullying coordinator shall meet at | 12 | | least twice a school year with the school anti-bullying | 13 | | specialists in the district to discuss and strengthen | 14 | | procedures and policies to prevent, identify, and address | 15 | | harassment, intimidation, and bullying in the district. | 16 | | (d) The State Superintendent of Education, in consultation | 17 | | with recognized experts in school bullying from a cross section | 18 | | of academia, child advocacy organizations, nonprofit | 19 | | organizations, professional associations, and government | 20 | | agencies, shall establish inservice workshops and training | 21 | | programs to train selected public school employees to act as | 22 | | district anti-bullying coordinators and school anti-bullying | 23 | | specialists. The State Superintendent of Education shall seek | 24 | | to make the workshops and training programs available and | 25 | | administered online through the State Board of Education's | 26 | | Internet website or other existing online resources. The State |
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| 1 | | Superintendent of Education shall evaluate the effectiveness | 2 | | of the consulting group on an annual basis. The inservice | 3 | | training programs may utilize regional offices of education or | 4 | | such other institutions, agencies, or persons as the State | 5 | | Superintendent of Education deems appropriate. Each school | 6 | | board shall provide time for the inservice training during the | 7 | | usual school schedule in order to ensure that appropriate | 8 | | personnel are prepared to act in the district as district | 9 | | anti-bullying coordinators and school anti-bullying | 10 | | specialists. | 11 | | Upon completion of the initial inservice training program, | 12 | | the State Superintendent of Education shall ensure that | 13 | | programs and workshops that reflect the most current | 14 | | information on harassment, intimidation, and bullying in | 15 | | schools are prepared and made available to district | 16 | | anti-bullying coordinators and school anti-bullying | 17 | | specialists at regular intervals. | 18 | | (105 ILCS 5/22-80.40 new) | 19 | | Sec. 22-80.40. School safety teams. | 20 | | (a) A school district shall form a school safety team in | 21 | | each school in the district to develop, foster, and maintain a | 22 | | positive school climate by focusing on the on-going, systemic | 23 | | process and practices in the school and to address school | 24 | | climate issues such as harassment, intimidation, or bullying. A | 25 | | school safety team shall meet at least 2 times per school year. |
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| 1 | | (b) A school safety team shall consist of the principal or | 2 | | his or her designee, who, if possible, shall be a senior | 3 | | administrator in the school, and the following appointees of | 4 | | the principal: | 5 | | (1) a teacher in the school; | 6 | | (2) a school anti-bullying specialist; | 7 | | (3) a parent of a student in the school; and | 8 | | (4) other members to be determined by the principal. | 9 | | The school anti-bullying specialist shall serve as the | 10 | | chairperson of the school safety team. | 11 | | (c) The school safety team shall: | 12 | | (1) receive any complaints of harassment, | 13 | | intimidation, or bullying of students that have been | 14 | | reported to the principal; | 15 | | (2) receive copies of any report prepared after an | 16 | | investigation of an incident of harassment, intimidation, | 17 | | or bullying; | 18 | | (3) identify and address patterns of harassment, | 19 | | intimidation, or bullying of students in the school; | 20 | | (4) review and strengthen the school climate and the | 21 | | policies of the school in order to prevent and address | 22 | | harassment, intimidation, or bullying of students; | 23 | | (5) educate the community, including students, | 24 | | teachers, administrative staff, and parents, to prevent | 25 | | and address harassment, intimidation, or bullying of | 26 | | students; |
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| 1 | | (6) participate in the training required pursuant to | 2 | | Section 22-80.35 of this Code and other training that the | 3 | | principal or the district anti-bullying coordinator may | 4 | | request; | 5 | | (7) collaborate with the district anti-bullying | 6 | | coordinator in the collection of district-wide data and in | 7 | | the development of district policies to prevent and address | 8 | | harassment, intimidation, or bullying of students; and | 9 | | (8) execute such other duties related to harassment, | 10 | | intimidation, and bullying as requested by the principal or | 11 | | district anti-bullying coordinator. | 12 | | (d) The members of a school safety team shall be provided | 13 | | professional development opportunities that address effective | 14 | | practices of successful school climate programs or approaches. | 15 | | (e) Notwithstanding any provision of this Section to the | 16 | | contrary, a parent who is a member of the school safety team | 17 | | shall not participate in the activities of the team set forth | 18 | | in subdivisions (1), (2), or (3) of subsection (c) of this | 19 | | Section or any other activities of the team that may compromise | 20 | | the confidentiality of a student. | 21 | | (105 ILCS 5/22-80.45 new) | 22 | | Sec. 22-80.45. Harassment, intimidation, and bullying | 23 | | prevention; establishment of formal protocol for investigating | 24 | | a complaint. | 25 | | (a) The State Superintendent of Education shall establish a |
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| 1 | | formal protocol pursuant to which the regional superintendent | 2 | | of schools shall investigate a complaint that documents an | 3 | | allegation of a violation of any of the provisions of Sections | 4 | | 22-80.10 through 22-80.40 of this Code by a school district | 5 | | located within the educational service region if the complaint | 6 | | has not been adequately addressed on the local level. The | 7 | | regional superintendent of schools shall report his or her | 8 | | findings and, if appropriate, issue an order for the school | 9 | | district to develop and implement corrective actions that are | 10 | | specific to the facts of the case. | 11 | | (b) The State Superintendent of Education shall ensure that | 12 | | the personnel of regional offices of education who are | 13 | | responsible for conducting the investigations receive training | 14 | | and technical support on the use of the complaint investigation | 15 | | protocol. | 16 | | (105 ILCS 5/22-80.50 new) | 17 | | Sec. 22-80.50. Bullying Prevention Fund. The Bullying | 18 | | Prevention Fund is created as a special fund in the State | 19 | | treasury. All money in the Fund shall be used, subject to | 20 | | appropriation, by the State Board of Education to offer grants | 21 | | to school districts to provide training on harassment, | 22 | | intimidation, and bullying prevention and on the effective | 23 | | creation of positive school climates and to help fund related | 24 | | personnel expenses. The Fund shall consist of (i) any moneys | 25 | | appropriated by this State for the purposes of the Fund, (ii) |
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| 1 | | any moneys donated for the purposes of the Fund, and (iii) all | 2 | | interest earnings received on moneys in the fund. | 3 | | (105 ILCS 5/27-23.7) | 4 | | Sec. 27-23.7. Bullying prevention. | 5 | | (a) The General Assembly finds that a safe and civil school | 6 | | environment is necessary for students to learn and achieve and | 7 | | that bullying causes physical, psychological, and emotional | 8 | | harm to students and interferes with students' ability to learn | 9 | | and participate in school activities. The General Assembly | 10 | | further finds that bullying has been linked to other forms of | 11 | | antisocial behavior, such as vandalism, shoplifting, skipping | 12 | | and dropping out of school, fighting, using drugs and alcohol, | 13 | | sexual harassment, and sexual violence. Because of the negative | 14 | | outcomes associated with bullying in schools, the General | 15 | | Assembly finds that school districts and non-public, | 16 | | non-sectarian elementary and secondary schools should educate | 17 | | students, parents, and school district or non-public, | 18 | | non-sectarian elementary or secondary school personnel about | 19 | | what behaviors constitute prohibited bullying. | 20 | | Bullying on the basis of actual or perceived race, color, | 21 | | religion, sex, national origin, ancestry, age, marital status, | 22 | | physical or mental disability, military status, sexual | 23 | | orientation, gender-related identity or expression, | 24 | | unfavorable discharge from military service, association with | 25 | | a person or group with one or more of the aforementioned actual |
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| 1 | | or perceived characteristics, or any other distinguishing | 2 | | characteristic is prohibited in all school districts and | 3 | | non-public, non-sectarian elementary and secondary schools.
No | 4 | | student shall be subjected to bullying: | 5 | | (1) during any school-sponsored education program or | 6 | | activity; | 7 | | (2) while in school, on school property, on school | 8 | | buses or other school vehicles, at designated school bus | 9 | | stops waiting for the school bus, or at school-sponsored or | 10 | | school-sanctioned events or activities; or | 11 | | (3) through the transmission of information from a | 12 | | school computer, a school computer network, or other | 13 | | similar electronic school equipment. | 14 | | (b) In this Section:
| 15 | | "Bullying" means any severe or pervasive physical or verbal | 16 | | act or conduct, including communications made in writing or | 17 | | electronically, directed toward a student or students that has | 18 | | or can be reasonably predicted to have the effect of one or | 19 | | more of the following: | 20 | | (1) placing the student or students in reasonable fear | 21 | | of harm to the student's or students' person or property; | 22 | | (2) causing a substantially detrimental effect on the | 23 | | student's or students' physical or mental health; | 24 | | (3) substantially interfering with the student's or | 25 | | students' academic performance; or | 26 | | (4) substantially interfering with the student's or |
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| 1 | | students' ability to participate in or benefit from the | 2 | | services, activities, or privileges provided by a school. | 3 | | Bullying, as defined in this subsection (b), may take | 4 | | various forms, including without limitation one or more of the | 5 | | following: harassment, threats, intimidation, stalking, | 6 | | physical violence, sexual harassment, sexual violence, theft, | 7 | | public humiliation, destruction of property, or retaliation | 8 | | for asserting or alleging an act of bullying. This list is | 9 | | meant to be illustrative and non-exhaustive. | 10 | | "School personnel" means persons employed by, on contract | 11 | | with, or who volunteer in a school district or non-public, | 12 | | non-sectarian elementary or secondary school, including | 13 | | without limitation school and school district administrators, | 14 | | teachers, school guidance counselors, school social workers, | 15 | | school counselors, school psychologists, school nurses, | 16 | | cafeteria workers, custodians, bus drivers, school resource | 17 | | officers, and security guards. | 18 | | (c) (Blank).
| 19 | | (d) Each school district and non-public, non-sectarian | 20 | | elementary or secondary school shall create and maintain a | 21 | | policy on bullying, which policy must be filed with the State | 22 | | Board of Education. A school district must comply with Section | 23 | | 22-80.20 of this Code with respect to this policy on bullying. | 24 | | Each school district and non-public, non-sectarian elementary | 25 | | or secondary school must communicate its policy on bullying to | 26 | | its students and their parent or guardian on an annual basis. |
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| 1 | | The policy must be updated every 2 years and filed with the | 2 | | State Board of Education after being updated. The State Board | 3 | | of Education shall monitor the implementation of policies | 4 | | created under this subsection (d). | 5 | | (e) This Section shall not be interpreted to prevent a | 6 | | victim from seeking redress under any other available civil or | 7 | | criminal law.
Nothing in this Section is intended to infringe | 8 | | upon any right to exercise free expression or the free exercise | 9 | | of religion or religiously based views protected under the | 10 | | First Amendment to the United States Constitution or under | 11 | | Section 3 or 4 of Article 1 of the Illinois Constitution. | 12 | | (Source: P.A. 95-198, eff. 1-1-08; 95-349, eff. 8-23-07; | 13 | | 95-876, eff. 8-21-08; 96-952, eff. 6-28-10.)
| 14 | | (105 ILCS 5/34-3.2) (from Ch. 122, par. 34-3.2)
| 15 | | Sec. 34-3.2. Board training. | 16 | | (a) After January 1, 1990 all board members
shall | 17 | | participate in training provided by board employees or
| 18 | | not-for-profit organizations, including without limitation the | 19 | | following:
| 20 | | 1. budget and revenue review;
| 21 | | 2. education theory and governance;
| 22 | | 3. governmental relations;
| 23 | | 4. school-based management; and
| 24 | | 5. State and federal education law and regulations.
| 25 | | (b) Each member of the board shall receive training on |
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| 1 | | harassment, intimidation, and bullying in schools. The | 2 | | training on harassment, intimidation, and bullying in schools | 3 | | shall be provided by the Illinois Association of School Boards, | 4 | | in consultation with recognized experts in school bullying from | 5 | | a cross section of academia, child advocacy organizations, | 6 | | nonprofit organizations, professional associations, and | 7 | | government agencies. | 8 | | (Source: P.A. 85-1418; 86-1477.)
| 9 | | (105 ILCS 5/34-18.7) (from Ch. 122, par. 34-18.7) | 10 | | Sec. 34-18.7. Adolescent and teen mental illness and | 11 | | suicide detection and intervention.
School guidance | 12 | | counselors, teachers, school social workers, and other school | 13 | | personnel who work
with pupils in grades 7 through 12 shall be | 14 | | trained to identify the warning
signs of mental illness and | 15 | | suicidal behavior in adolescents and teens and shall be taught
| 16 | | various intervention techniques. Such training shall be | 17 | | provided within
the framework of existing in-service training | 18 | | programs offered by the Board or as part of the professional | 19 | | development required under Section 2-3.160 of this Code or the | 20 | | professional development activities required under Section | 21 | | 21B-45 21-14 of this Code. | 22 | | (Source: P.A. 98-471, eff. 1-1-14.) | 23 | | (105 ILCS 5/34-19) (from Ch. 122, par. 34-19) | 24 | | Sec. 34-19. By-laws, rules and regulations; business |
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| 1 | | transacted at
regular meetings; voting; records. The board | 2 | | shall, subject to the limitations
in this Article, establish | 3 | | by-laws, rules and regulations, which shall have the
force of | 4 | | ordinances, for the proper maintenance of a uniform system of
| 5 | | discipline for both employees and pupils, and for the entire | 6 | | management of the
schools, and may fix the school age of | 7 | | pupils, the minimum of which in
kindergartens shall not be | 8 | | under 4 years, except that, based upon an assessment of the | 9 | | child's readiness, children who have attended a non-public | 10 | | preschool and continued their education at that school through | 11 | | kindergarten, were taught in kindergarten by an appropriately | 12 | | certified teacher, and will attain the age of 6 years on or | 13 | | before December 31 of the year of the 2009-2010 school term and | 14 | | each school term thereafter may attend first grade upon | 15 | | commencement of such term, and in grade schools shall not be
| 16 | | under 6 years. It may expel, suspend or, subject to the | 17 | | limitations of all
policies established or adopted under | 18 | | Section 14-8.05, otherwise discipline any
pupil found guilty of | 19 | | gross disobedience, misconduct or other violation of the
| 20 | | by-laws, rules and regulations, including gross disobedience | 21 | | or misconduct perpetuated by electronic means or for those | 22 | | reasons specified under Section 22-80.15 of this Code . An | 23 | | expelled pupil may be immediately transferred to an alternative | 24 | | program in the manner provided in Article 13A or 13B of this | 25 | | Code. A pupil must not be denied transfer because of the | 26 | | expulsion, except in cases in which such transfer is deemed to |
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| 1 | | cause a threat to the safety of students or staff in the | 2 | | alternative program. A pupil who is suspended in excess of 20 | 3 | | school days may be immediately transferred to an alternative | 4 | | program in the manner provided in Article 13A or 13B of this | 5 | | Code. A pupil must not be denied transfer because of the | 6 | | suspension, except in cases in which such transfer is deemed to | 7 | | cause a threat to the safety of students or staff in the | 8 | | alternative program. The bylaws, rules and regulations of the | 9 | | board
shall be enacted, money shall be appropriated or | 10 | | expended, salaries shall be
fixed or changed, and textbooks, | 11 | | electronic textbooks, and courses of instruction shall be | 12 | | adopted or
changed only at the regular meetings of the board | 13 | | and by a vote of a
majority of the full membership of the | 14 | | board; provided that
notwithstanding any other provision of | 15 | | this Article or the School Code,
neither the board or any local | 16 | | school council may purchase any textbook for use in any public | 17 | | school of the
district from any textbook publisher that fails | 18 | | to furnish any computer
diskettes as required under Section | 19 | | 28-21. Funds appropriated for textbook purchases must be | 20 | | available for electronic textbook purchases and the | 21 | | technological equipment necessary to gain access to and use | 22 | | electronic textbooks at the local school council's discretion. | 23 | | The board shall be further
encouraged to provide opportunities | 24 | | for public hearing and testimony before
the adoption of bylaws, | 25 | | rules and regulations. Upon all propositions
requiring for | 26 | | their adoption at least a majority of all the members of the
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| 1 | | board the yeas and nays shall be taken and reported. The | 2 | | by-laws, rules and
regulations of the board shall not be | 3 | | repealed, amended or added to, except
by a vote of 2/3 of the | 4 | | full membership of the board. The board shall keep
a record of | 5 | | all its proceedings. Such records and all
by-laws, rules and | 6 | | regulations, or parts thereof, may be proved by a copy
thereof | 7 | | certified to be such by the secretary of the board, but if they | 8 | | are
printed in book or pamphlet form which are purported to be | 9 | | published by
authority of the board they need not be otherwise | 10 | | published and the book or
pamphlet shall be received as | 11 | | evidence, without further proof, of the
records, by-laws, rules | 12 | | and regulations, or any part thereof, as of the
dates thereof | 13 | | as shown in such book or pamphlet, in all courts and places
| 14 | | where judicial proceedings are had. | 15 | | Notwithstanding any other provision in this Article or in | 16 | | the School
Code, the board may delegate to the general | 17 | | superintendent or to the
attorney the authorities granted to | 18 | | the board in the School Code, provided
such delegation and | 19 | | appropriate oversight procedures are made pursuant to
board | 20 | | by-laws, rules and regulations, adopted as herein provided, | 21 | | except that
the board may not delegate its authorities and | 22 | | responsibilities regarding (1)
budget approval obligations; | 23 | | (2) rule-making functions; (3) desegregation
obligations; (4) | 24 | | real estate acquisition, sale or lease in excess of 10 years
as | 25 | | provided in Section 34-21; (5) the levy of taxes; or (6) any | 26 | | mandates
imposed upon the board by "An Act in relation to |
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| 1 | | school reform in cities over
500,000, amending Acts herein | 2 | | named", approved December 12, 1988 (P.A.
85-1418). | 3 | | (Source: P.A. 96-864, eff. 1-21-10; 96-1403, eff. 7-29-10; | 4 | | 97-340, eff. 1-1-12; 97-495, eff. 1-1-12; 97-813, eff. | 5 | | 7-13-12.) | 6 | | Section 15. The Board of Higher Education Act is amended by | 7 | | adding Section 9.34 as follows: | 8 | | (110 ILCS 205/9.34 new) | 9 | | Sec. 9.34. Require adoption of policy prohibiting | 10 | | harassment, intimidation, or bullying. | 11 | | (a) The Board shall require all public institutions of | 12 | | higher education to adopt a policy, to be included in their | 13 | | student code of conduct, prohibiting harassment, intimidation, | 14 | | or bullying. The policy shall contain, at a minimum, all of the | 15 | | following: | 16 | | (1) A statement prohibiting harassment, intimidation, | 17 | | or bullying. | 18 | | (2) Disciplinary actions that may result if a student | 19 | | commits an act of harassment, intimidation, or bullying. | 20 | | (3) A definition of harassment, intimidation, or | 21 | | bullying that, at a minimum, includes any gesture, any | 22 | | written, verbal, or physical act, or any electronic | 23 | | communication, whether it be a single incident or a series | 24 | | of incidents, that is reasonably perceived as being |
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| 1 | | motivated either by any actual or perceived | 2 | | characteristic, such as race, color, religion, ancestry, | 3 | | national origin, gender, sexual orientation, gender | 4 | | identity and expression, or a mental, physical or sensory | 5 | | disability, or by any other distinguishing characteristic, | 6 | | that takes place on the property of the institution of | 7 | | higher education or at any function sponsored by the | 8 | | institution of higher education, that substantially | 9 | | disrupts or interferes with the orderly operation of the | 10 | | institution or the rights of other students, and that: | 11 | | (A) a reasonable person should know, under the | 12 | | circumstances, will have the effect of physically or | 13 | | emotionally harming a student or damaging the | 14 | | student's property or placing a student in reasonable | 15 | | fear of physical or emotional harm to his or her person | 16 | | or damage to his or her property; | 17 | | (B) has the effect of insulting or demeaning any | 18 | | student or group of students; or | 19 | | (C) creates a hostile educational environment for | 20 | | the student by interfering with a student's education | 21 | | or by severely or pervasively causing physical or | 22 | | emotional harm to the student. | 23 | | (b) Each public institution of higher education shall | 24 | | distribute the policy required under this Section by e-mail to | 25 | | each student within 7 days after the start of each semester and | 26 | | shall post the policy on its Internet website.
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| 1 | | Section 99. Effective date. This Act takes effect June 1, | 2 | | 2015.
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| 1 | |
INDEX
| 2 | |
Statutes amended in order of appearance
| | 3 | | 30 ILCS 105/5.855 new | | | 4 | | 105 ILCS 5/2-3.160 new | | | 5 | | 105 ILCS 5/2-3.165 new | | | 6 | | 105 ILCS 5/2-3.170 new | | | 7 | | 105 ILCS 5/2-3.175 new | | | 8 | | 105 ILCS 5/10-16a | | | 9 | | 105 ILCS 5/10-22.6 | from Ch. 122, par. 10-22.6 | | 10 | | 105 ILCS 5/21B-28 new | | | 11 | | 105 ILCS 5/22-80.5 new | | | 12 | | 105 ILCS 5/22-80.10 new | | | 13 | | 105 ILCS 5/22-80.15 new | | | 14 | | 105 ILCS 5/22-80.20 new | | | 15 | | 105 ILCS 5/22-80.25 new | | | 16 | | 105 ILCS 5/22-80.30 new | | | 17 | | 105 ILCS 5/22-80.35 new | | | 18 | | 105 ILCS 5/22-80.40 new | | | 19 | | 105 ILCS 5/22-80.45 new | | | 20 | | 105 ILCS 5/22-80.50 new | | | 21 | | 105 ILCS 5/27-23.7 | | | 22 | | 105 ILCS 5/34-3.2 | from Ch. 122, par. 34-3.2 | | 23 | | 105 ILCS 5/34-18.7 | from Ch. 122, par. 34-18.7 | | 24 | | 105 ILCS 5/34-19 | from Ch. 122, par. 34-19 | | 25 | | 110 ILCS 205/9.34 new | |
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