Full Text of SB1798 101st General Assembly
SB1798 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 SB1798 Introduced 2/15/2019, by Sen. Chapin Rose SYNOPSIS AS INTRODUCED: |
| 105 ILCS 5/10-20.69 new | | 105 ILCS 5/27-23.7 | | 105 ILCS 5/34-18.61 new | |
|
Amends the School Code. Requires each school district to create, maintain, and implement an age-appropriate policy on sexual harassment that must be included in the district's student code of conduct handbook. Provides that a school district's or charter school's policy on bullying must be included in the student code of conduct handbook in an age-appropriate manner.
|
| |
| | FISCAL NOTE ACT MAY APPLY | | STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT |
| | A BILL FOR |
|
| | | SB1798 | | LRB101 10174 AXK 55277 b |
|
| 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 School Code is amended by changing Section | 5 | | 27-23.7 and by adding Sections 10-20.69 and 34-18.61 as | 6 | | follows: | 7 | | (105 ILCS 5/10-20.69 new) | 8 | | Sec. 10-20.69. Policy on sexual harassment. Each school | 9 | | district must create, maintain, and implement an | 10 | | age-appropriate policy on sexual harassment that must be | 11 | | included in the district's student code of conduct handbook. | 12 | | (105 ILCS 5/27-23.7) | 13 | | Sec. 27-23.7. Bullying prevention. | 14 | | (a) The General Assembly finds that a safe and civil school | 15 | | environment is necessary for students to learn and achieve and | 16 | | that bullying causes physical, psychological, and emotional | 17 | | harm to students and interferes with students' ability to learn | 18 | | and participate in school activities. The General Assembly | 19 | | further finds that bullying has been linked to other forms of | 20 | | antisocial behavior, such as vandalism, shoplifting, skipping | 21 | | and dropping out of school, fighting, using drugs and alcohol, | 22 | | sexual harassment, and sexual violence. Because of the negative |
| | | SB1798 | - 2 - | LRB101 10174 AXK 55277 b |
|
| 1 | | outcomes associated with bullying in schools, the General | 2 | | Assembly finds that school districts, charter schools, and | 3 | | non-public, non-sectarian elementary and secondary schools | 4 | | should educate students, parents, and school district, charter | 5 | | school, or non-public, non-sectarian elementary or secondary | 6 | | school personnel about what behaviors constitute prohibited | 7 | | bullying. | 8 | | Bullying on the basis of actual or perceived race, color, | 9 | | religion, sex, national origin, ancestry, age, marital status, | 10 | | physical or mental disability, military status, sexual | 11 | | orientation, gender-related identity or expression, | 12 | | unfavorable discharge from military service, association with | 13 | | a person or group with one or more of the aforementioned actual | 14 | | or perceived characteristics, or any other distinguishing | 15 | | characteristic is prohibited in all school districts, charter | 16 | | schools, and non-public, non-sectarian elementary and | 17 | | secondary schools.
No student shall be subjected to bullying: | 18 | | (1) during any school-sponsored education program or | 19 | | activity; | 20 | | (2) while in school, on school property, on school | 21 | | buses or other school vehicles, at designated school bus | 22 | | stops waiting for the school bus, or at school-sponsored or | 23 | | school-sanctioned events or activities; | 24 | | (3) through the transmission of information from a | 25 | | school computer, a school computer network, or other | 26 | | similar electronic school equipment; or |
| | | SB1798 | - 3 - | LRB101 10174 AXK 55277 b |
|
| 1 | | (4) through the transmission of information from a | 2 | | computer that is accessed at a nonschool-related location, | 3 | | activity, function, or program or from the use of | 4 | | technology or an electronic device that is not owned, | 5 | | leased, or used by a school district or school if the | 6 | | bullying causes a substantial disruption to the | 7 | | educational process or orderly operation of a school. This | 8 | | item (4) applies only in cases in which a school | 9 | | administrator or teacher receives a report that bullying | 10 | | through this means has occurred and does not require a | 11 | | district or school to staff or monitor any | 12 | | nonschool-related activity, function, or program. | 13 | | (a-5) Nothing in this Section is intended to infringe upon | 14 | | any right to exercise free expression or the free exercise of | 15 | | religion or religiously based views protected under the First | 16 | | Amendment to the United States Constitution or under Section 3 | 17 | | of Article I of the Illinois Constitution. | 18 | | (b) In this Section:
| 19 | | "Bullying" includes "cyber-bullying" and means any severe | 20 | | or pervasive physical or verbal act or conduct, including | 21 | | communications made in writing or electronically, directed | 22 | | toward a student or students that has or can be reasonably | 23 | | predicted to have the effect of one or more of the following: | 24 | | (1) placing the student or students in reasonable fear | 25 | | of harm to the student's or students' person or property; | 26 | | (2) causing a substantially detrimental effect on the |
| | | SB1798 | - 4 - | LRB101 10174 AXK 55277 b |
|
| 1 | | student's or students' physical or mental health; | 2 | | (3) substantially interfering with the student's or | 3 | | students' academic performance; or | 4 | | (4) substantially interfering with the student's or | 5 | | students' ability to participate in or benefit from the | 6 | | services, activities, or privileges provided by a school. | 7 | | Bullying, as defined in this subsection (b), may take | 8 | | various forms, including without limitation one or more of the | 9 | | following: harassment, threats, intimidation, stalking, | 10 | | physical violence, sexual harassment, sexual violence, theft, | 11 | | public humiliation, destruction of property, or retaliation | 12 | | for asserting or alleging an act of bullying. This list is | 13 | | meant to be illustrative and non-exhaustive. | 14 | | "Cyber-bullying" means bullying through the use of | 15 | | technology or any electronic communication, including without | 16 | | limitation any transfer of signs, signals, writing, images, | 17 | | sounds, data, or intelligence of any nature transmitted in | 18 | | whole or in part by a wire, radio, electromagnetic system, | 19 | | photoelectronic system, or photooptical system, including | 20 | | without limitation electronic mail, Internet communications, | 21 | | instant messages, or facsimile communications. | 22 | | "Cyber-bullying" includes the creation of a webpage or weblog | 23 | | in which the creator assumes the identity of another person or | 24 | | the knowing impersonation of another person as the author of | 25 | | posted content or messages if the creation or impersonation | 26 | | creates any of the effects enumerated in the definition of |
| | | SB1798 | - 5 - | LRB101 10174 AXK 55277 b |
|
| 1 | | bullying in this Section. "Cyber-bullying" also includes the | 2 | | distribution by electronic means of a communication to more | 3 | | than one person or the posting of material on an electronic | 4 | | medium that may be accessed by one or more persons if the | 5 | | distribution or posting creates any of the effects enumerated | 6 | | in the definition of bullying in this Section. | 7 | | "Policy on bullying" means a bullying prevention policy | 8 | | that meets the following criteria: | 9 | | (1) Includes the bullying definition provided in this | 10 | | Section. | 11 | | (2) Includes a statement that bullying is contrary to | 12 | | State law and the policy of the school district, charter | 13 | | school, or non-public, non-sectarian elementary or | 14 | | secondary school and is consistent with subsection (a-5) of | 15 | | this Section. | 16 | | (3) Includes procedures for promptly reporting | 17 | | bullying, including, but not limited to, identifying and | 18 | | providing the school e-mail address (if applicable) and | 19 | | school telephone number for the staff person or persons | 20 | | responsible for receiving such reports and a procedure for | 21 | | anonymous reporting; however, this shall not be construed | 22 | | to permit formal disciplinary action solely on the basis of | 23 | | an anonymous report. | 24 | | (4) Consistent with federal and State laws and rules | 25 | | governing student privacy rights, includes procedures for | 26 | | promptly informing parents or guardians of all students |
| | | SB1798 | - 6 - | LRB101 10174 AXK 55277 b |
|
| 1 | | involved in the alleged incident of bullying and | 2 | | discussing, as appropriate, the availability of social | 3 | | work services, counseling, school psychological services, | 4 | | other interventions, and restorative measures. | 5 | | (5) Contains procedures for promptly investigating and | 6 | | addressing reports of bullying, including the following: | 7 | | (A) Making all reasonable efforts to complete the | 8 | | investigation within 10 school days after the date the | 9 | | report of the incident of bullying was received and | 10 | | taking into consideration additional relevant | 11 | | information received during the course of the | 12 | | investigation about the reported incident of bullying. | 13 | | (B) Involving appropriate school support personnel | 14 | | and other staff persons with knowledge, experience, | 15 | | and training on bullying prevention, as deemed | 16 | | appropriate, in the investigation process. | 17 | | (C) Notifying the principal or school | 18 | | administrator or his or her designee of the report of | 19 | | the incident of bullying as soon as possible after the | 20 | | report is received. | 21 | | (D) Consistent with federal and State laws and | 22 | | rules governing student privacy rights, providing | 23 | | parents and guardians of the students who are parties | 24 | | to the investigation information about the | 25 | | investigation and an opportunity to meet with the | 26 | | principal or school administrator or his or her |
| | | SB1798 | - 7 - | LRB101 10174 AXK 55277 b |
|
| 1 | | designee to discuss the investigation, the findings of | 2 | | the investigation, and the actions taken to address the | 3 | | reported incident of bullying. | 4 | | (6) Includes the interventions that can be taken to | 5 | | address bullying, which may include, but are not limited | 6 | | to, school social work services, restorative measures, | 7 | | social-emotional skill building, counseling, school | 8 | | psychological services, and community-based services. | 9 | | (7) Includes a statement prohibiting reprisal or | 10 | | retaliation against any person who reports an act of | 11 | | bullying and the consequences and appropriate remedial | 12 | | actions for a person who engages in reprisal or | 13 | | retaliation. | 14 | | (8) Includes consequences and appropriate remedial | 15 | | actions for a person found to have falsely accused another | 16 | | of bullying as a means of retaliation or as a means of | 17 | | bullying. | 18 | | (9) Is based on the engagement of a range of school | 19 | | stakeholders, including students and parents or guardians. | 20 | | (10) Is posted on the school district's, charter
| 21 | | school's, or non-public, non-sectarian elementary or
| 22 | | secondary school's existing Internet website, is
included | 23 | | in the student handbook, and, where applicable,
posted | 24 | | where other policies, rules, and standards of
conduct are | 25 | | currently posted in the school and provided periodically | 26 | | throughout the school year to students and faculty, and is
|
| | | SB1798 | - 8 - | LRB101 10174 AXK 55277 b |
|
| 1 | | distributed annually to parents, guardians, students, and
| 2 | | school personnel, including new employees when hired. | 3 | | (11) As part of the process of reviewing and | 4 | | re-evaluating the policy under subsection (d) of this | 5 | | Section, contains a policy evaluation process to assess the | 6 | | outcomes and effectiveness of the policy that includes, but | 7 | | is not limited to, factors such as the frequency of | 8 | | victimization; student, staff, and family observations of | 9 | | safety at a school; identification of areas of a school | 10 | | where bullying occurs; the types of bullying utilized; and | 11 | | bystander intervention or participation. The school | 12 | | district, charter school, or non-public, non-sectarian | 13 | | elementary or secondary school may use relevant data and | 14 | | information it already collects for other purposes in the | 15 | | policy evaluation. The information developed as a result of | 16 | | the policy evaluation must be made available on the | 17 | | Internet website of the school district, charter school, or | 18 | | non-public, non-sectarian elementary or secondary school. | 19 | | If an Internet website is not available, the information | 20 | | must be provided to school administrators, school board | 21 | | members, school personnel, parents, guardians, and | 22 | | students. | 23 | | (12) Is consistent with the policies of the school | 24 | | board, charter school, or non-public, non-sectarian | 25 | | elementary or secondary school. | 26 | | "Restorative measures" means a continuum of school-based |
| | | SB1798 | - 9 - | LRB101 10174 AXK 55277 b |
|
| 1 | | alternatives to exclusionary discipline, such as suspensions | 2 | | and expulsions, that: (i) are adapted to the particular needs | 3 | | of the school and community, (ii) contribute to maintaining | 4 | | school safety, (iii) protect the integrity of a positive and | 5 | | productive learning climate, (iv) teach students the personal | 6 | | and interpersonal skills they will need to be successful in | 7 | | school and society, (v) serve to build and restore | 8 | | relationships among students, families, schools, and | 9 | | communities, and (vi) reduce the likelihood of future | 10 | | disruption by balancing accountability with an understanding | 11 | | of students' behavioral health needs in order to keep students | 12 | | in school. | 13 | | "School personnel" means persons employed by, on contract | 14 | | with, or who volunteer in a school district, charter school, or | 15 | | non-public, non-sectarian elementary or secondary school, | 16 | | including without limitation school and school district | 17 | | administrators, teachers, school guidance counselors, school | 18 | | social workers, school counselors, school psychologists, | 19 | | school nurses, cafeteria workers, custodians, bus drivers, | 20 | | school resource officers, and security guards. | 21 | | (c) (Blank).
| 22 | | (d) Each school district, charter school, and non-public, | 23 | | non-sectarian elementary or secondary school shall create, | 24 | | maintain, and implement a policy on bullying, which policy must | 25 | | be filed with the State Board of Education and, for a school | 26 | | district or charter school, must be included in the student |
| | | SB1798 | - 10 - | LRB101 10174 AXK 55277 b |
|
| 1 | | code of conduct handbook in an age-appropriate manner . The | 2 | | policy or implementing procedure shall include a process to | 3 | | investigate whether a reported act of bullying is within the | 4 | | permissible scope of the district's or school's jurisdiction | 5 | | and shall require that the district or school provide the | 6 | | victim with information regarding services that are available | 7 | | within the district and community, such as counseling, support | 8 | | services, and other programs. School personnel available for | 9 | | help with a bully or to make a report about bullying shall be | 10 | | made known to parents or legal guardians, students, and school | 11 | | personnel. Every 2 years, each school district, charter school, | 12 | | and non-public, non-sectarian elementary or secondary school | 13 | | shall conduct a review and re-evaluation of its policy and make | 14 | | any necessary and appropriate revisions. The policy must be | 15 | | filed with the State Board of Education after being updated. | 16 | | The State Board of Education shall monitor and provide | 17 | | technical support for the implementation of policies created | 18 | | under this subsection (d). | 19 | | (e) This Section shall not be interpreted to prevent a | 20 | | victim from seeking redress under any other available civil or | 21 | | criminal law.
| 22 | | (Source: P.A. 99-78, eff. 7-20-15; 100-137, eff. 8-18-17.) | 23 | | (105 ILCS 5/34-18.61 new) | 24 | | Sec. 34-18.61. Policy on sexual harassment. The school | 25 | | district must create, maintain, and implement an |
| | | SB1798 | - 11 - | LRB101 10174 AXK 55277 b |
|
| 1 | | age-appropriate policy on sexual harassment that must be | 2 | | included in the district's student code of conduct handbook.
|
|