Bill Text: IL HB4207 | 2013-2014 | 98th General Assembly | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the School Code. In provisions concerning bullying prevention, prohibits a student from being subjected to bullying 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 substantially interferes with or limits the victim's ability to participate in or benefit from the services, activities, or opportunities offered by a school or substantially disrupts the educational process or orderly operation of a school. Provides that the definition of bullying includes cyber-bullying; defines "cyber-bullying". Provides that a school district's or non-public, non-sectarian elementary or secondary school's policy on bullying shall include a process to investigate whether a reported act of bullying is within the scope of the district or school and, if not, a process for referral of such an act to the appropriate jurisdiction. Requires computers without web-filtering software or computers with web-filtering software that is disabled to be used when complaints of cyber-bullying are investigated. Effective immediately.
Spectrum: Partisan Bill (Democrat 31-1)
Status: (Passed) 2014-08-01 - Public Act . . . . . . . . . 98-0801 [HB4207 Detail]
Download: Illinois-2013-HB4207-Amended.html
Bill Title: Amends the School Code. In provisions concerning bullying prevention, prohibits a student from being subjected to bullying 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 substantially interferes with or limits the victim's ability to participate in or benefit from the services, activities, or opportunities offered by a school or substantially disrupts the educational process or orderly operation of a school. Provides that the definition of bullying includes cyber-bullying; defines "cyber-bullying". Provides that a school district's or non-public, non-sectarian elementary or secondary school's policy on bullying shall include a process to investigate whether a reported act of bullying is within the scope of the district or school and, if not, a process for referral of such an act to the appropriate jurisdiction. Requires computers without web-filtering software or computers with web-filtering software that is disabled to be used when complaints of cyber-bullying are investigated. Effective immediately.
Spectrum: Partisan Bill (Democrat 31-1)
Status: (Passed) 2014-08-01 - Public Act . . . . . . . . . 98-0801 [HB4207 Detail]
Download: Illinois-2013-HB4207-Amended.html
| |||||||
| |||||||
| |||||||
1 | AMENDMENT TO HOUSE BILL 4207
| ||||||
2 | AMENDMENT NO. ______. Amend House Bill 4207, AS AMENDED, by | ||||||
3 | replacing everything after the enacting clause with the | ||||||
4 | following:
| ||||||
5 | "Section 5. The School Code is amended by changing Section | ||||||
6 | 27-23.7 as follows:
| ||||||
7 | (105 ILCS 5/27-23.7) | ||||||
8 | Sec. 27-23.7. Bullying prevention. | ||||||
9 | (a) The General Assembly finds that a safe and civil school | ||||||
10 | environment is necessary for students to learn and achieve and | ||||||
11 | that bullying causes physical, psychological, and emotional | ||||||
12 | harm to students and interferes with students' ability to learn | ||||||
13 | and participate in school activities. The General Assembly | ||||||
14 | further finds that bullying has been linked to other forms of | ||||||
15 | antisocial behavior, such as vandalism, shoplifting, skipping | ||||||
16 | and dropping out of school, fighting, using drugs and alcohol, |
| |||||||
| |||||||
1 | sexual harassment, and sexual violence. Because of the negative | ||||||
2 | outcomes associated with bullying in schools, the General | ||||||
3 | Assembly finds that school districts and non-public, | ||||||
4 | non-sectarian elementary and secondary schools should educate | ||||||
5 | students, parents, and school district or non-public, | ||||||
6 | non-sectarian elementary or secondary school personnel about | ||||||
7 | what behaviors constitute prohibited 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 and | ||||||
16 | non-public, non-sectarian elementary and secondary schools.
No | ||||||
17 | 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; or | ||||||
24 | (3) through the transmission of information from a | ||||||
25 | school computer, a school computer network, or other | ||||||
26 | similar electronic school equipment ; or . |
| |||||||
| |||||||
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 | (b) In this Section:
| ||||||
14 | "Bullying" includes "cyber-bullying" and means any severe | ||||||
15 | or pervasive physical or verbal act or conduct, including | ||||||
16 | communications made in writing or electronically, directed | ||||||
17 | toward a student or students that has or can be reasonably | ||||||
18 | predicted to have the effect of one or more of the following: | ||||||
19 | (1) placing the student or students in reasonable fear | ||||||
20 | of harm to the student's or students' person or property; | ||||||
21 | (2) causing a substantially detrimental effect on the | ||||||
22 | student's or students' physical or mental health; | ||||||
23 | (3) substantially interfering with the student's or | ||||||
24 | students' academic performance; or | ||||||
25 | (4) substantially interfering with the student's or | ||||||
26 | students' ability to participate in or benefit from the |
| |||||||
| |||||||
1 | services, activities, or privileges provided by a school. | ||||||
2 | Bullying, as defined in this subsection (b), may take | ||||||
3 | various forms, including without limitation one or more of the | ||||||
4 | following: harassment, threats, intimidation, stalking, | ||||||
5 | physical violence, sexual harassment, sexual violence, theft, | ||||||
6 | public humiliation, destruction of property, or retaliation | ||||||
7 | for asserting or alleging an act of bullying. This list is | ||||||
8 | meant to be illustrative and non-exhaustive. | ||||||
9 | "Cyber-bullying" means bullying through the use of | ||||||
10 | technology or any electronic communication, including without | ||||||
11 | limitation any transfer of signs, signals, writing, images, | ||||||
12 | sounds, data, or intelligence of any nature transmitted in | ||||||
13 | whole or in part by a wire, radio, electromagnetic system, | ||||||
14 | photoelectronic system, or photooptical system, including | ||||||
15 | without limitation electronic mail, Internet communications, | ||||||
16 | instant messages, or facsimile communications. | ||||||
17 | "Cyber-bullying" includes the creation of a webpage or weblog | ||||||
18 | in which the creator assumes the identity of another person or | ||||||
19 | the knowing impersonation of another person as the author of | ||||||
20 | posted content or messages if the creation or impersonation | ||||||
21 | creates any of the effects enumerated in the definition of | ||||||
22 | bullying in this Section. "Cyber-bullying" also includes the | ||||||
23 | distribution by electronic means of a communication to more | ||||||
24 | than one person or the posting of material on an electronic | ||||||
25 | medium that may be accessed by one or more persons if the | ||||||
26 | distribution or posting creates any of the effects enumerated |
| |||||||
| |||||||
1 | in the definition of bullying in this Section. | ||||||
2 | "School personnel" means persons employed by, on contract | ||||||
3 | with, or who volunteer in a school district or non-public, | ||||||
4 | non-sectarian elementary or secondary school, including | ||||||
5 | without limitation school and school district administrators, | ||||||
6 | teachers, school guidance counselors, school social workers, | ||||||
7 | school counselors, school psychologists, school nurses, | ||||||
8 | cafeteria workers, custodians, bus drivers, school resource | ||||||
9 | officers, and security guards. | ||||||
10 | (c) (Blank).
| ||||||
11 | (d) Each school district and non-public, non-sectarian | ||||||
12 | elementary or secondary school shall create and maintain a | ||||||
13 | policy on bullying, which policy must be filed with the State | ||||||
14 | Board of Education. The policy or implementing procedure shall | ||||||
15 | include a process to investigate whether a reported act of | ||||||
16 | bullying is within the permissible scope of the district's or | ||||||
17 | school's jurisdiction and shall require that the district or | ||||||
18 | school provide the victim with information regarding services | ||||||
19 | that are available within the district and community, such as | ||||||
20 | counseling, support services, and other programs. Each school | ||||||
21 | district and non-public, non-sectarian elementary or secondary | ||||||
22 | school must communicate its policy on bullying to its students | ||||||
23 | and their parent or guardian on an annual basis. The policy | ||||||
24 | must be updated every 2 years and filed with the State Board of | ||||||
25 | Education after being updated. The State Board of Education | ||||||
26 | shall monitor the implementation of policies created under this |
| |||||||
| |||||||
1 | subsection (d). | ||||||
2 | (e) This Section shall not be interpreted to prevent a | ||||||
3 | victim from seeking redress under any other available civil or | ||||||
4 | criminal law.
Nothing in this Section is intended to infringe | ||||||
5 | upon any right to exercise free expression or the free exercise | ||||||
6 | of religion or religiously based views protected under the | ||||||
7 | First Amendment to the United States Constitution or under | ||||||
8 | Section 3 or 4 of Article 1 of the Illinois Constitution. | ||||||
9 | (Source: P.A. 95-198, eff. 1-1-08; 95-349, eff. 8-23-07; | ||||||
10 | 95-876, eff. 8-21-08; 96-952, eff. 6-28-10.)
| ||||||
11 | Section 99. Effective date. This Act takes effect January | ||||||
12 | 1, 2015.".
|