Sen. Ira I. Silverstein
Filed: 4/3/2014
 
 


 




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1
AMENDMENT TO SENATE BILL 2870 




2 AMENDMENT NO. ______. Amend Senate Bill 2870, AS AMENDED, 
3by replacing everything after the enacting clause with the 
4following:


5 "Section 5. The School Code is amended by changing Section 
627-23.7 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 
10environment is necessary for students to learn and achieve and 
11that bullying causes physical, psychological, and emotional 
12harm to students and interferes with students' ability to learn 
13and participate in school activities. The General Assembly 
14further finds that bullying has been linked to other forms of 
15antisocial behavior, such as vandalism, shoplifting, skipping 
16and dropping out of school, fighting, using drugs and alcohol, 
 
 
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1sexual harassment, and sexual violence. Because of the negative 
2outcomes associated with bullying in schools, the General 
3Assembly finds that school districts and non-public, 
4non-sectarian elementary and secondary schools should educate 
5students, parents, and school district 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 and 
16non-public, non-sectarian elementary and secondary schools.
No 
17student 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 . 
 
 
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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 (b) In this Section:

14 "Bullying" includes "cyber-bullying" and means any severe 
15or pervasive physical or verbal act or conduct, including 
16communications made in writing or electronically, directed 
17toward a student or students that has or can be reasonably 
18predicted 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 
 
 
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1 services, activities, or privileges provided by a school.
2 Bullying, as defined in this subsection (b), may take 
3various forms, including without limitation one or more of the 
4following: harassment, threats, intimidation, stalking, 
5physical violence, sexual harassment, sexual violence, theft, 
6public humiliation, destruction of property, or retaliation 
7for asserting or alleging an act of bullying. This list is 
8meant to be illustrative and non-exhaustive.
9 "Cyber-bullying" means bullying through the use of 
10technology or any electronic communication, including without 
11limitation any transfer of signs, signals, writing, images, 
12sounds, data, or intelligence of any nature transmitted in 
13whole or in part by a wire, radio, electromagnetic system, 
14photoelectronic system, or photooptical system, including 
15without limitation electronic mail, Internet communications, 
16instant messages, or facsimile communications. 
17"Cyber-bullying" includes the creation of a webpage or weblog 
18in which the creator assumes the identity of another person or 
19the knowing impersonation of another person as the author of 
20posted content or messages if the creation or impersonation 
21creates any of the effects enumerated in the definition of 
22bullying in this Section. "Cyber-bullying" also includes the 
23distribution by electronic means of a communication to more 
24than one person or the posting of material on an electronic 
25medium that may be accessed by one or more persons if the 
26distribution or posting creates any of the effects enumerated 
 
 
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1in the definition of bullying in this Section. 
2 "School personnel" means persons employed by, on contract 
3with, or who volunteer in a school district or non-public, 
4non-sectarian elementary or secondary school, including 
5without limitation school and school district administrators, 
6teachers, school guidance counselors, school social workers, 
7school counselors, school psychologists, school nurses, 
8cafeteria workers, custodians, bus drivers, school resource 
9officers, and security guards. 
10 (c) (Blank).


11 (d) Each school district and non-public, non-sectarian 
12elementary or secondary school shall create and maintain a 
13policy on bullying, which policy must be filed with the State 
14Board of Education. The policy shall include a process to 
15investigate whether a reported act of bullying is within the 
16permissible scope of the district's or school's jurisdiction 
17and shall require that the district or school provide the 
18victim with information regarding services that are available 
19within the district and community, such as counseling, support 
20services, and other programs. Each school district and 
21non-public, non-sectarian elementary or secondary school must 
22communicate its policy on bullying to its students and their 
23parent or guardian on an annual basis. The policy must be 
24updated every 2 years and filed with the State Board of 
25Education after being updated. The State Board of Education 
26shall monitor the implementation of policies created under this 
 
 
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1subsection (d).
2 (e) This Section shall not be interpreted to prevent a 
3victim from seeking redress under any other available civil or 
4criminal law.
Nothing in this Section is intended to infringe 
5upon any right to exercise free expression or the free exercise 
6of religion or religiously based views protected under the 
7First Amendment to the United States Constitution or under 
8Section 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; 
1095-876, eff. 8-21-08; 96-952, eff. 6-28-10.)


11 Section 99. Effective date. This Act takes effect January 
121, 2015.".