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Public Act 100-0137 | ||||
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AN ACT concerning education.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The School Code is amended by changing Section | ||||
27-23.7 as follows: | ||||
(105 ILCS 5/27-23.7) | ||||
Sec. 27-23.7. Bullying prevention. | ||||
(a) The General Assembly finds that a safe and civil school | ||||
environment is necessary for students to learn and achieve and | ||||
that bullying causes physical, psychological, and emotional | ||||
harm to students and interferes with students' ability to learn | ||||
and participate in school activities. The General Assembly | ||||
further finds that bullying has been linked to other forms of | ||||
antisocial behavior, such as vandalism, shoplifting, skipping | ||||
and dropping out of school, fighting, using drugs and alcohol, | ||||
sexual harassment, and sexual violence. Because of the negative | ||||
outcomes associated with bullying in schools, the General | ||||
Assembly finds that school districts, charter schools, and | ||||
non-public, non-sectarian elementary and secondary schools | ||||
should educate students, parents, and school district, charter | ||||
school, or non-public, non-sectarian elementary or secondary | ||||
school personnel about what behaviors constitute prohibited | ||||
bullying. |
Bullying on the basis of actual or perceived race, color, | ||
religion, sex, national origin, ancestry, age, marital status, | ||
physical or mental disability, military status, sexual | ||
orientation, gender-related identity or expression, | ||
unfavorable discharge from military service, association with | ||
a person or group with one or more of the aforementioned actual | ||
or perceived characteristics, or any other distinguishing | ||
characteristic is prohibited in all school districts, charter | ||
schools, and non-public, non-sectarian elementary and | ||
secondary schools.
No student shall be subjected to bullying: | ||
(1) during any school-sponsored education program or | ||
activity; | ||
(2) while in school, on school property, on school | ||
buses or other school vehicles, at designated school bus | ||
stops waiting for the school bus, or at school-sponsored or | ||
school-sanctioned events or activities; | ||
(3) through the transmission of information from a | ||
school computer, a school computer network, or other | ||
similar electronic school equipment; or | ||
(4) through the transmission of information from a | ||
computer that is accessed at a nonschool-related location, | ||
activity, function, or program or from the use of | ||
technology or an electronic device that is not owned, | ||
leased, or used by a school district or school if the | ||
bullying causes a substantial disruption to the | ||
educational process or orderly operation of a school. This |
item (4) applies only in cases in which a school | ||
administrator or teacher receives a report that bullying | ||
through this means has occurred and does not require a | ||
district or school to staff or monitor any | ||
nonschool-related activity, function, or program. | ||
(a-5) Nothing in this Section is intended to infringe upon | ||
any right to exercise free expression or the free exercise of | ||
religion or religiously based views protected under the First | ||
Amendment to the United States Constitution or under Section 3 | ||
of Article I of the Illinois Constitution. | ||
(b) In this Section:
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"Bullying" includes "cyber-bullying" and means any severe | ||
or pervasive physical or verbal act or conduct, including | ||
communications made in writing or electronically, directed | ||
toward a student or students that has or can be reasonably | ||
predicted to have the effect of one or more of the following: | ||
(1) placing the student or students in reasonable fear | ||
of harm to the student's or students' person or property; | ||
(2) causing a substantially detrimental effect on the | ||
student's or students' physical or mental health; | ||
(3) substantially interfering with the student's or | ||
students' academic performance; or | ||
(4) substantially interfering with the student's or | ||
students' ability to participate in or benefit from the | ||
services, activities, or privileges provided by a school. | ||
Bullying, as defined in this subsection (b), may take |
various forms, including without limitation one or more of the | ||
following: harassment, threats, intimidation, stalking, | ||
physical violence, sexual harassment, sexual violence, theft, | ||
public humiliation, destruction of property, or retaliation | ||
for asserting or alleging an act of bullying. This list is | ||
meant to be illustrative and non-exhaustive. | ||
"Cyber-bullying" means bullying through the use of | ||
technology or any electronic communication, including without | ||
limitation any transfer of signs, signals, writing, images, | ||
sounds, data, or intelligence of any nature transmitted in | ||
whole or in part by a wire, radio, electromagnetic system, | ||
photoelectronic system, or photooptical system, including | ||
without limitation electronic mail, Internet communications, | ||
instant messages, or facsimile communications. | ||
"Cyber-bullying" includes the creation of a webpage or weblog | ||
in which the creator assumes the identity of another person or | ||
the knowing impersonation of another person as the author of | ||
posted content or messages if the creation or impersonation | ||
creates any of the effects enumerated in the definition of | ||
bullying in this Section. "Cyber-bullying" also includes the | ||
distribution by electronic means of a communication to more | ||
than one person or the posting of material on an electronic | ||
medium that may be accessed by one or more persons if the | ||
distribution or posting creates any of the effects enumerated | ||
in the definition of bullying in this Section. | ||
"Policy on bullying" means a bullying prevention policy |
that meets the following criteria: | ||
(1) Includes the bullying definition provided in this | ||
Section. | ||
(2) Includes a statement that bullying is contrary to | ||
State law and the policy of the school district, charter | ||
school, or non-public, non-sectarian elementary or | ||
secondary school and is consistent with subsection (a-5) of | ||
this Section. | ||
(3) Includes procedures for promptly reporting | ||
bullying, including, but not limited to, identifying and | ||
providing the school e-mail address (if applicable) and | ||
school telephone number for the staff person or persons | ||
responsible for receiving such reports and a procedure for | ||
anonymous reporting; however, this shall not be construed | ||
to permit formal disciplinary action solely on the basis of | ||
an anonymous report. | ||
(4) Consistent with federal and State laws and rules | ||
governing student privacy rights, includes procedures for | ||
promptly informing parents or guardians of all students | ||
involved in the alleged incident of bullying and | ||
discussing, as appropriate, the availability of social | ||
work services, counseling, school psychological services, | ||
other interventions, and restorative measures. | ||
(5) Contains procedures for promptly investigating and | ||
addressing reports of bullying, including the following: | ||
(A) Making all reasonable efforts to complete the |
investigation within 10 school days after the date the | ||
report of the incident of bullying was received and | ||
taking into consideration additional relevant | ||
information received during the course of the | ||
investigation about the reported incident of bullying. | ||
(B) Involving appropriate school support personnel | ||
and other staff persons with knowledge, experience, | ||
and training on bullying prevention, as deemed | ||
appropriate, in the investigation process. | ||
(C) Notifying the principal or school | ||
administrator or his or her designee of the report of | ||
the incident of bullying as soon as possible after the | ||
report is received. | ||
(D) Consistent with federal and State laws and | ||
rules governing student privacy rights, providing | ||
parents and guardians of the students who are parties | ||
to the investigation information about the | ||
investigation and an opportunity to meet with the | ||
principal or school administrator or his or her | ||
designee to discuss the investigation, the findings of | ||
the investigation, and the actions taken to address the | ||
reported incident of bullying. | ||
(6) Includes the interventions that can be taken to | ||
address bullying, which may include, but are not limited | ||
to, school social work services, restorative measures, | ||
social-emotional skill building, counseling, school |
psychological services, and community-based services. | ||
(7) Includes a statement prohibiting reprisal or | ||
retaliation against any person who reports an act of | ||
bullying and the consequences and appropriate remedial | ||
actions for a person who engages in reprisal or | ||
retaliation. | ||
(8) Includes consequences and appropriate remedial | ||
actions for a person found to have falsely accused another | ||
of bullying as a means of retaliation or as a means of | ||
bullying. | ||
(9) Is based on the engagement of a range of school | ||
stakeholders, including students and parents or guardians. | ||
(10) Is posted on the school district's, charter
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school's, or non-public, non-sectarian elementary or
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secondary school's existing Internet website , and is
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included in the student handbook, and, where applicable,
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posted where other policies, rules, and standards of
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conduct are currently posted in the school and provided | ||
periodically throughout the school year to students and | ||
faculty , and is
distributed annually to parents, | ||
guardians, students, and
school personnel, including new | ||
employees when hired. | ||
(11) As part of the process of reviewing and | ||
re-evaluating the policy under subsection (d) of this | ||
Section, contains a policy evaluation process to assess the | ||
outcomes and effectiveness of the policy that includes, but |
is not limited to, factors such as the frequency of | ||
victimization; student, staff, and family observations of | ||
safety at a school; identification of areas of a school | ||
where bullying occurs; the types of bullying utilized; and | ||
bystander intervention or participation. The school | ||
district, charter school, or non-public, non-sectarian | ||
elementary or secondary school may use relevant data and | ||
information it already collects for other purposes in the | ||
policy evaluation. The information developed as a result of | ||
the policy evaluation must be made available on the | ||
Internet website of the school district, charter school, or | ||
non-public, non-sectarian elementary or secondary school. | ||
If an Internet website is not available, the information | ||
must be provided to school administrators, school board | ||
members, school personnel, parents, guardians, and | ||
students. | ||
(12) Is consistent with the policies of the school | ||
board, charter school, or non-public, non-sectarian | ||
elementary or secondary school. | ||
"Restorative measures" means a continuum of school-based | ||
alternatives to exclusionary discipline, such as suspensions | ||
and expulsions, that: (i) are adapted to the particular needs | ||
of the school and community, (ii) contribute to maintaining | ||
school safety, (iii) protect the integrity of a positive and | ||
productive learning climate, (iv) teach students the personal | ||
and interpersonal skills they will need to be successful in |
school and society, (v) serve to build and restore | ||
relationships among students, families, schools, and | ||
communities, and (vi) reduce the likelihood of future | ||
disruption by balancing accountability with an understanding | ||
of students' behavioral health needs in order to keep students | ||
in school. | ||
"School personnel" means persons employed by, on contract | ||
with, or who volunteer in a school district, charter school, or | ||
non-public, non-sectarian elementary or secondary school, | ||
including without limitation school and school district | ||
administrators, teachers, school guidance counselors, school | ||
social workers, school counselors, school psychologists, | ||
school nurses, cafeteria workers, custodians, bus drivers, | ||
school resource officers, and security guards. | ||
(c) (Blank).
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(d) Each school district, charter school, and non-public, | ||
non-sectarian elementary or secondary school shall create, | ||
maintain, and implement a policy on bullying, which policy must | ||
be filed with the State Board of Education. The policy or | ||
implementing procedure shall include a process to investigate | ||
whether a reported act of bullying is within the permissible | ||
scope of the district's or school's jurisdiction and shall | ||
require that the district or school provide the victim with | ||
information regarding services that are available within the | ||
district and community, such as counseling, support services, | ||
and other programs. School personnel available for help with a |
bully or to make a report about bullying shall be made known to | ||
parents or legal guardians, students, and school personnel. | ||
Every 2 years, each school district, charter school, and | ||
non-public, non-sectarian elementary or secondary school shall | ||
conduct a review and re-evaluation of its policy and make any | ||
necessary and appropriate revisions. The policy must be filed | ||
with the State Board of Education after being updated. The | ||
State Board of Education shall monitor and provide technical | ||
support for the implementation of policies created under this | ||
subsection (d). | ||
(e) This Section shall not be interpreted to prevent a | ||
victim from seeking redress under any other available civil or | ||
criminal law.
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(Source: P.A. 98-669, eff. 6-26-14; 98-801, eff. 1-1-15; 99-78, | ||
eff. 7-20-15.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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