Illinois General Assembly - Full Text of HB3425
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Full Text of HB3425  103rd General Assembly


Rep. Margaret Croke

Filed: 3/14/2023





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2    AMENDMENT NO. ______. Amend House Bill 3425, AS AMENDED,
3by replacing everything after the enacting clause with the
5    "Section 5. The State Finance Act is amended by adding
6Section 5.990 as follows:
7    (30 ILCS 105/5.990 new)
8    Sec. 5.990. The Illinois Bullying and Cyberbullying
9Prevention Fund.
10    Section 10. The School Code is amended by changing Section
1127-23.7 as follows:
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



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1school environment is necessary for students to learn and
2achieve and that bullying causes physical, psychological, and
3emotional harm to students and interferes with students'
4ability to learn and participate in school activities. The
5General Assembly further finds that bullying has been linked
6to other forms of antisocial behavior, such as vandalism,
7shoplifting, skipping and dropping out of school, fighting,
8using drugs and alcohol, sexual harassment, and sexual
9violence. Because of the negative outcomes associated with
10bullying in schools, the General Assembly finds that school
11districts, charter schools, and non-public, non-sectarian
12elementary and secondary schools should educate students,
13parents, and school district, charter school, or non-public,
14non-sectarian elementary or secondary school personnel about
15what behaviors constitute prohibited bullying.
16    Bullying on the basis of actual or perceived race, color,
17religion, sex, national origin, ancestry, physical appearance,
18socioeconomic status, academic status, pregnancy, parenting
19status, homelessness, age, marital status, physical or mental
20disability, military status, sexual orientation,
21gender-related identity or expression, unfavorable discharge
22from military service, association with a person or group with
23one or more of the aforementioned actual or perceived
24characteristics, or any other distinguishing characteristic is
25prohibited in all school districts, charter schools, and
26non-public, non-sectarian elementary and secondary schools. No



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1student shall be subjected to bullying:
2        (1) during any school-sponsored education program or
3    activity;
4        (2) while in school, on school property, on school
5    buses or other school vehicles, at designated school bus
6    stops waiting for the school bus, or at school-sponsored
7    or school-sanctioned events or activities;
8        (3) through the transmission of information from a
9    school computer, a school computer network, or other
10    similar electronic school equipment; or
11        (4) through the transmission of information from a
12    computer that is accessed at a nonschool-related location,
13    activity, function, or program or from the use of
14    technology or an electronic device that is not owned,
15    leased, or used by a school district or school if the
16    bullying causes a substantial disruption to the
17    educational process or orderly operation of a school. This
18    item (4) applies only in cases in which a school
19    administrator or teacher receives a report that bullying
20    through this means has occurred and does not require a
21    district or school to staff or monitor any
22    nonschool-related activity, function, or program.
23    (a-5) Nothing in this Section is intended to infringe upon
24any right to exercise free expression or the free exercise of
25religion or religiously based views protected under the First
26Amendment to the United States Constitution or under Section 3



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



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1sounds, data, or intelligence of any nature transmitted in
2whole or in part by a wire, radio, electromagnetic system,
3photoelectronic system, or photooptical system, including
4without limitation electronic mail, Internet communications,
5instant messages, or facsimile communications.
6"Cyber-bullying" includes the creation of a webpage or weblog
7in which the creator assumes the identity of another person or
8the knowing impersonation of another person as the author of
9posted content or messages if the creation or impersonation
10creates any of the effects enumerated in the definition of
11bullying in this Section. "Cyber-bullying" also includes the
12distribution by electronic means of a communication to more
13than one person or the posting of material on an electronic
14medium that may be accessed by one or more persons if the
15distribution or posting creates any of the effects enumerated
16in the definition of bullying in this Section.
17    "Policy on bullying" means a bullying prevention policy
18that meets the following criteria:
19        (1) Includes the bullying definition provided in this
20    Section.
21        (2) Includes a statement that bullying is contrary to
22    State law and the policy of the school district, charter
23    school, or non-public, non-sectarian elementary or
24    secondary school and is consistent with subsection (a-5)
25    of this Section.
26        (3) Includes procedures for promptly reporting



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1    bullying, including, but not limited to, identifying and
2    providing the school e-mail address (if applicable) and
3    school telephone number for the staff person or persons
4    responsible for receiving such reports and a procedure for
5    anonymous reporting; however, this shall not be construed
6    to permit formal disciplinary action solely on the basis
7    of an anonymous report.
8        (4) Consistent with federal and State laws and rules
9    governing student privacy rights, includes procedures for
10    promptly informing parents or guardians of all students
11    involved in the alleged incident of bullying within 24
12    hours after the school's administration is made aware of
13    the students' involvement in the incident and discussing,
14    as appropriate, the availability of social work services,
15    counseling, school psychological services, other
16    interventions, and restorative measures. The school shall
17    make diligent efforts to notify a parent or legal
18    guardian, utilizing all contact information the school has
19    available or that can be reasonably obtained by the school
20    within the 24-hour period.
21        (5) Contains procedures for promptly investigating and
22    addressing reports of bullying, including the following:
23            (A) Making all reasonable efforts to complete the
24        investigation within 10 school days after the date the
25        report of the incident of bullying was received and
26        taking into consideration additional relevant



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1        information received during the course of the
2        investigation about the reported incident of bullying.
3            (B) Involving appropriate school support personnel
4        and other staff persons with knowledge, experience,
5        and training on bullying prevention, as deemed
6        appropriate, in the investigation process.
7            (C) Notifying the principal or school
8        administrator or his or her designee of the report of
9        the incident of bullying as soon as possible after the
10        report is received.
11            (D) Consistent with federal and State laws and
12        rules governing student privacy rights, providing
13        parents and guardians of the students who are parties
14        to the investigation information about the
15        investigation and an opportunity to meet with the
16        principal or school administrator or his or her
17        designee to discuss the investigation, the findings of
18        the investigation, and the actions taken to address
19        the reported incident of bullying.
20        (6) Includes the interventions that can be taken to
21    address bullying, which may include, but are not limited
22    to, school social work services, restorative measures,
23    social-emotional skill building, counseling, school
24    psychological services, and community-based services.
25        (7) Includes a statement prohibiting reprisal or
26    retaliation against any person who reports an act of



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1    bullying and the consequences and appropriate remedial
2    actions for a person who engages in reprisal or
3    retaliation.
4        (8) Includes consequences and appropriate remedial
5    actions for a person found to have falsely accused another
6    of bullying as a means of retaliation or as a means of
7    bullying.
8        (9) Is based on the engagement of a range of school
9    stakeholders, including students and parents or guardians.
10        (10) Is posted on the school district's, charter
11    school's, or non-public, non-sectarian elementary or
12    secondary school's existing, publicly accessible Internet
13    website, is included in the student handbook, and, where
14    applicable, posted where other policies, rules, and
15    standards of conduct are currently posted in the school
16    and provided periodically throughout the school year to
17    students and faculty, and is distributed annually to
18    parents, guardians, students, and school personnel,
19    including new employees when hired.
20        (11) As part of the process of reviewing and
21    re-evaluating the policy under subsection (d) of this
22    Section, contains a policy evaluation process to assess
23    the outcomes and effectiveness of the policy that
24    includes, but is not limited to, factors such as the
25    frequency of victimization; student, staff, and family
26    observations of safety at a school; identification of



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1    areas of a school where bullying occurs; the types of
2    bullying utilized; and bystander intervention or
3    participation. The school district, charter school, or
4    non-public, non-sectarian elementary or secondary school
5    may use relevant data and information it already collects
6    for other purposes in the policy evaluation. The
7    information developed as a result of the policy evaluation
8    must be made available on the Internet website of the
9    school district, charter school, or non-public,
10    non-sectarian elementary or secondary school. If an
11    Internet website is not available, the information must be
12    provided to school administrators, school board members,
13    school personnel, parents, guardians, and students.
14        (12) Is consistent with the policies of the school
15    board, charter school, or non-public, non-sectarian
16    elementary or secondary school.
17        (13) Requires all individual instances of bullying, as
18    well as all threats, suggestions, or instances of
19    self-harm determined to be the result of bullying, to be
20    reported to the parents or legal guardians of those
21    involved under the guidelines provided in paragraph (4) of
22    this definition.
23    "Restorative measures" means a continuum of school-based
24alternatives to exclusionary discipline, such as suspensions
25and expulsions, that: (i) are adapted to the particular needs
26of the school and community, (ii) contribute to maintaining



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1school safety, (iii) protect the integrity of a positive and
2productive learning climate, (iv) teach students the personal
3and interpersonal skills they will need to be successful in
4school and society, (v) serve to build and restore
5relationships among students, families, schools, and
6communities, (vi) reduce the likelihood of future disruption
7by balancing accountability with an understanding of students'
8behavioral health needs in order to keep students in school,
9and (vii) increase student accountability if the incident of
10bullying is based on religion, race, ethnicity, or any other
11category that is identified in the Illinois Human Rights Act.
12    "School personnel" means persons employed by, on contract
13with, or who volunteer in a school district, charter school,
14or non-public, non-sectarian elementary or secondary school,
15including without limitation school and school district
16administrators, teachers, school social workers, school
17counselors, school psychologists, school nurses, cafeteria
18workers, custodians, bus drivers, school resource officers,
19and security guards.
20    (c) (Blank).
21    (d) Each school district, charter school, and non-public,
22non-sectarian elementary or secondary school shall create,
23maintain, and implement a policy on bullying, which policy
24must be filed with the State Board of Education. The policy on
25bullying shall be based on the State Board of Education's
26template for a model bullying prevention policy under



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1subsection (h) and shall include the criteria set forth in the
2definition of "policy on bullying". The policy or implementing
3procedure shall include a process to investigate whether a
4reported act of bullying is within the permissible scope of
5the district's or school's jurisdiction and shall require that
6the district or school provide the victim with information
7regarding services that are available within the district and
8community, such as counseling, support services, and other
9programs. School personnel available for help with a bully or
10to make a report about bullying shall be made known to parents
11or legal guardians, students, and school personnel. Every 2
12years, each school district, charter school, and non-public,
13non-sectarian elementary or secondary school shall conduct a
14review and re-evaluation of its policy and make any necessary
15and appropriate revisions. No later than September 30 of the
16subject year, the policy must be filed with the State Board of
17Education after being updated. The State Board of Education
18shall monitor and provide technical support for the
19implementation of policies created under this subsection (d).
20In monitoring the implementation of the policies, the State
21Board of Education shall review each filed policy on bullying
22to ensure all policies meet the requirements set forth in this
23Section, including ensuring that each policy meets the 12
24criterion identified within the definition of "policy on
25bullying" set forth in this Section.
26    If a school district, charter school, or non-public,



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1non-sectarian elementary or secondary school fails to file a
2policy on bullying by September 30 of the subject year, the
3State Board of Education shall provide a written request for
4filing to the school district, charter school, or non-public,
5non-sectarian elementary or secondary school. If a school
6district, charter school, or non-public, non-sectarian
7elementary or secondary school fails to file a policy on
8bullying within 14 days of receipt of the aforementioned
9written request, the State Board of Education shall publish
10notice of the non-compliance on the State Board of Education's
12    Each school district, charter school, and non-public,
13non-sectarian elementary or secondary school may provide
14evidence-based professional development and youth programming
15on bullying prevention that is consistent with the provisions
16of this Section.
17    (e) This Section shall not be interpreted to prevent a
18victim from seeking redress under any other available civil or
19criminal law.
20    (f) School districts, charter schools, and non-public,
21non-sectarian elementary and secondary schools shall collect,
22maintain, and submit to the State Board of Education
23non-identifiable data regarding verified allegations of
24bullying within the school district, charter school, or
25non-public, non-sectarian elementary or secondary school.
26School districts, charter schools, and non-public,



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1non-sectarian elementary and secondary schools must submit
2such data in an annual report due to the State Board of
3Education no later than August 15 of each year starting with
4the 2024-2025 school year through the 2030-2031 school year.
5The State Board of Education shall adopt rules for the
6submission of data that includes, but is not limited to: (i) a
7record of each verified allegation of bullying and action
8taken; and (ii) whether the instance of bullying was based on
9actual or perceived characteristics identified in subsection
10(a) and, if so, lists the relevant characteristics. The rules
11for the submission of data shall be consistent with federal
12and State laws and rules governing student privacy rights,
13including, but not limited to, the federal Family Educational
14Rights and Privacy Act of 1974 and the Illinois School Student
15Records Act, which shall include, without limitation, a record
16of each complaint and action taken. The State Board of
17Education shall adopt rules regarding the notification of
18school districts, charter schools, and non-public,
19non-sectarian elementary and secondary schools that fail to
20comply with the requirements of this subsection.
21    (g) Upon the request of a parent or legal guardian of a
22child enrolled in a school district, charter school, or
23non-public, non-sectarian elementary or secondary school
24within this State, the State Board of Education must provide
25non-identifiable data on the number of bullying allegations
26and incidents in a given year in the school district, charter



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1school, or non-public, non-sectarian elementary or secondary
2school to the requesting parent or legal guardian. The State
3Board of Education shall adopt rules regarding (i) the
4handling of such data, (ii) maintaining the privacy of the
5students and families involved, and (iii) best practices for
6sharing numerical data with parents and legal guardians.
7    (h) By January 1, 2024, the State Board of Education shall
8post on its Internet website a template for a model bullying
9prevention policy.
10    (i) The Illinois Bullying and Cyberbullying Prevention
11Fund is created as a special fund in the State treasury. Any
12moneys appropriated to the Fund may be used, subject to
13appropriation, by the State Board of Education for the
14purposes of subsection (j).
15    (j) Subject to appropriation, the State Superintendent of
16Education may provide a grant to a school district, charter
17school, or non-public, non-sectarian elementary or secondary
18school to support its anti-bullying programming. Grants may be
19awarded from the Illinois Bullying and Cyberbullying
20Prevention Fund. School districts, charter schools, and
21non-public, non-sectarian elementary or secondary schools that
22are not in compliance with subsection (f) are not eligible to
23receive a grant from the Illinois Bullying and Cyberbullying
24Prevention Fund.
25(Source: P.A. 102-197, eff. 7-30-21; 102-241, eff. 8-3-21;
26102-813, eff. 5-13-22; 102-894, eff. 5-20-22.)



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1    Section 99. Effective date. This Act takes effect upon
2becoming law.".