Rep. Edgar Gonzalez, Jr.

Filed: 3/22/2021





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2    AMENDMENT NO. ______. Amend House Bill 1157 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
9school environment is necessary for students to learn and
10achieve and that bullying causes physical, psychological, and
11emotional harm to students and interferes with students'
12ability to learn and participate in school activities. The
13General Assembly further finds that bullying has been linked
14to other forms of antisocial behavior, such as vandalism,
15shoplifting, skipping and dropping out of school, fighting,
16using drugs and alcohol, sexual harassment, and sexual



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1violence. Because of the negative outcomes associated with
2bullying in schools, the General Assembly finds that school
3districts, charter schools, and non-public, non-sectarian
4elementary and secondary schools should educate students,
5parents, and school district, charter school, or non-public,
6non-sectarian elementary or secondary school personnel about
7what behaviors constitute prohibited bullying.
8    Bullying on the basis of actual or perceived race, color,
9religion, sex, national origin, ancestry, age, marital status,
10physical or mental disability, military status, sexual
11orientation, gender-related identity or expression,
12unfavorable discharge from military service, association with
13a person or group with one or more of the aforementioned actual
14or perceived characteristics, or any other distinguishing
15characteristic is prohibited in all school districts, charter
16schools, and non-public, non-sectarian elementary and
17secondary 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
23    or 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



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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
14any right to exercise free expression or the free exercise of
15religion or religiously based views protected under the First
16Amendment to the United States Constitution or under Section 3
17of Article I of the Illinois Constitution.
18    (b) In this Section:
19    "Bullying" includes "cyber-bullying" and means any severe
20or pervasive physical or verbal act or conduct, including
21communications made in writing or electronically, directed
22toward a student or students that has or can be reasonably
23predicted 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



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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
8various forms, including without limitation one or more of the
9following: harassment, threats, intimidation, stalking,
10physical violence, sexual harassment, sexual violence, theft,
11public humiliation, destruction of property, or retaliation
12for asserting or alleging an act of bullying. This list is
13meant to be illustrative and non-exhaustive.
14    "Cyber-bullying" means bullying through the use of
15technology or any electronic communication, including without
16limitation any transfer of signs, signals, writing, images,
17sounds, data, or intelligence of any nature transmitted in
18whole or in part by a wire, radio, electromagnetic system,
19photoelectronic system, or photooptical system, including
20without limitation electronic mail, Internet communications,
21instant messages, or facsimile communications.
22"Cyber-bullying" includes the creation of a webpage or weblog
23in which the creator assumes the identity of another person or
24the knowing impersonation of another person as the author of
25posted content or messages if the creation or impersonation
26creates any of the effects enumerated in the definition of



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1bullying in this Section. "Cyber-bullying" also includes the
2distribution by electronic means of a communication to more
3than one person or the posting of material on an electronic
4medium that may be accessed by one or more persons if the
5distribution or posting creates any of the effects enumerated
6in the definition of bullying in this Section.
7    "Policy on bullying" means a bullying prevention policy
8that 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)
15    of 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
23    of 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



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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



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1        designee to discuss the investigation, the findings of
2        the investigation, and the actions taken to address
3        the 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



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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
6    the outcomes and effectiveness of the policy that
7    includes, but is not limited to, factors such as the
8    frequency of victimization; student, staff, and family
9    observations of safety at a school; identification of
10    areas of a school where bullying occurs; the types of
11    bullying utilized; and bystander intervention or
12    participation. The school district, charter school, or
13    non-public, non-sectarian elementary or secondary school
14    may use relevant data and information it already collects
15    for other purposes in the policy evaluation. The
16    information developed as a result of the policy evaluation
17    must be made available on the Internet website of the
18    school district, charter school, or non-public,
19    non-sectarian elementary or secondary school. If an
20    Internet website is not available, the information must be
21    provided to school administrators, school board members,
22    school personnel, parents, guardians, and 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



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1alternatives to exclusionary discipline, such as suspensions
2and expulsions, that: (i) are adapted to the particular needs
3of the school and community, (ii) contribute to maintaining
4school safety, (iii) protect the integrity of a positive and
5productive learning climate, (iv) teach students the personal
6and interpersonal skills they will need to be successful in
7school and society, (v) serve to build and restore
8relationships among students, families, schools, and
9communities, and (vi) reduce the likelihood of future
10disruption by balancing accountability with an understanding
11of students' behavioral health needs in order to keep students
12in school , and (vii) increase student accountability if the
13incident of bullying is based on religion, race, ethnicity, or
14any other category that is identified in the Illinois Human
15Rights Act. Restorative measures with respect to clause (vii)
16shall be facilitated by a school counselor, psychologist, or
17therapist, if one is on staff.
18    "School personnel" means persons employed by, on contract
19with, or who volunteer in a school district, charter school,
20or non-public, non-sectarian elementary or secondary school,
21including without limitation school and school district
22administrators, teachers, school guidance counselors, school
23social workers, school counselors, school psychologists,
24school nurses, cafeteria workers, custodians, bus drivers,
25school resource officers, and security guards.
26    (c) (Blank).



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1    (d) Each school district, charter school, and non-public,
2non-sectarian elementary or secondary school shall create,
3maintain, and implement a policy on bullying, which policy
4must be filed with the State Board of Education. The policy or
5implementing procedure shall include a process to investigate
6whether a reported act of bullying is within the permissible
7scope of the district's or school's jurisdiction and shall
8require that the district or school provide the victim with
9information regarding services that are available within the
10district and community, such as counseling, support services,
11and other programs. School personnel available for help with a
12bully or to make a report about bullying shall be made known to
13parents or legal guardians, students, and school personnel.
14Every 2 years, each school district, charter school, and
15non-public, non-sectarian elementary or secondary school shall
16conduct a review and re-evaluation of its policy and make any
17necessary and appropriate revisions. The policy must be filed
18with the State Board of Education after being updated. The
19State Board of Education shall monitor and provide technical
20support for the implementation of policies created under this
21subsection (d).
22    (e) This Section shall not be interpreted to prevent a
23victim from seeking redress under any other available civil or
24criminal law.
25(Source: P.A. 99-78, eff. 7-20-15; 100-137, eff. 8-18-17.)".