Public Act 100-0137

HB2950 Enrolled LRB100 10093 MLM 20266 b

AN ACT concerning education.

Be it enacted by the People of the State of Illinois,

represented in the General Assembly:

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:

"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

school's, or non-public, non-sectarian elementary or

secondary school's existing Internet website, and is

included in the student handbook, and, where applicable,

posted where other policies, rules, and standards of

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).

(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.

(Source: P.A. 98-669, eff. 6-26-14; 98-801, eff. 1-1-15; 99-78,

eff. 7-20-15.)

Section 99. Effective date. This Act takes effect upon

becoming law.