103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB4133

 

Introduced , by Rep. Margaret Croke

 

SYNOPSIS AS INTRODUCED:
 
105 ILCS 5/27-23.7

    Amends the Courses of Study Article of the School Code. Provides that the provisions concerning bullying prevention apply to nonpublic, sectarian schools.


LRB103 32927 RJT 62731 b

 

 

A BILL FOR

 

HB4133LRB103 32927 RJT 62731 b

1    AN ACT concerning education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The School Code is amended by changing Section
527-23.7 as follows:
 
6    (105 ILCS 5/27-23.7)
7    Sec. 27-23.7. Bullying prevention.
8    (a) The General Assembly finds that a safe and civil
9school environment is necessary for students to learn and
10achieve and that bullying causes physical, psychological, and
11emotional harm to students and interferes with students'
12ability to learn and participate in school activities. The
13General Assembly further finds that bullying has been linked
14to other forms of antisocial behavior, such as vandalism,
15shoplifting, skipping and dropping out of school, fighting,
16using drugs and alcohol, sexual harassment, and sexual
17violence. Because of the negative outcomes associated with
18bullying in schools, the General Assembly finds that school
19districts, charter schools, and non-public, non-sectarian
20elementary and secondary schools should educate students,
21parents, and school district, charter school, or non-public,
22non-sectarian elementary or secondary school personnel about
23what behaviors constitute prohibited bullying.

 

 

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1    Bullying on the basis of actual or perceived race, color,
2religion, sex, national origin, ancestry, physical appearance,
3socioeconomic status, academic status, pregnancy, parenting
4status, homelessness, age, marital status, physical or mental
5disability, military status, sexual orientation,
6gender-related identity or expression, unfavorable discharge
7from military service, association with a person or group with
8one or more of the aforementioned actual or perceived
9characteristics, or any other distinguishing characteristic is
10prohibited in all school districts, charter schools, and
11non-public, non-sectarian elementary and secondary schools. No
12student shall be subjected to bullying:
13        (1) during any school-sponsored education program or
14    activity;
15        (2) while in school, on school property, on school
16    buses or other school vehicles, at designated school bus
17    stops waiting for the school bus, or at school-sponsored
18    or school-sanctioned events or activities;
19        (3) through the transmission of information from a
20    school computer, a school computer network, or other
21    similar electronic school equipment; or
22        (4) through the transmission of information from a
23    computer that is accessed at a nonschool-related location,
24    activity, function, or program or from the use of
25    technology or an electronic device that is not owned,
26    leased, or used by a school district or school if the

 

 

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1    bullying causes a substantial disruption to the
2    educational process or orderly operation of a school. This
3    item (4) applies only in cases in which a school
4    administrator or teacher receives a report that bullying
5    through this means has occurred and does not require a
6    district or school to staff or monitor any
7    nonschool-related activity, function, or program.
8    (a-5) Nothing in this Section is intended to infringe upon
9any right to exercise free expression or the free exercise of
10religion or religiously based views protected under the First
11Amendment to the United States Constitution or under Section 3
12of Article I of the Illinois Constitution.
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    "Non-public school" means a non-public elementary or
3secondary school, whether sectarian or nonsectarian.
4    "Policy on bullying" means a bullying prevention policy
5that meets the following criteria:
6        (1) Includes the bullying definition provided in this
7    Section.
8        (2) Includes a statement that bullying is contrary to
9    State law and the policy of the school district, charter
10    school, or non-public, non-sectarian elementary or
11    secondary school and is consistent with subsection (a-5)
12    of this Section.
13        (3) Includes procedures for promptly reporting
14    bullying, including, but not limited to, identifying and
15    providing the school e-mail address (if applicable) and
16    school telephone number for the staff person or persons
17    responsible for receiving such reports and a procedure for
18    anonymous reporting; however, this shall not be construed
19    to permit formal disciplinary action solely on the basis
20    of an anonymous report.
21        (4) Consistent with federal and State laws and rules
22    governing student privacy rights, includes procedures for
23    informing parents or guardians of all students involved in
24    the alleged incident of bullying within 24 hours after the
25    school's administration is made aware of the students'
26    involvement in the incident and discussing, as

 

 

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1    appropriate, the availability of social work services,
2    counseling, school psychological services, other
3    interventions, and restorative measures. The school shall
4    make diligent efforts to notify a parent or legal
5    guardian, utilizing all contact information the school has
6    available or that can be reasonably obtained by the school
7    within the 24-hour period.
8        (5) Contains procedures for promptly investigating and
9    addressing reports of bullying, including the following:
10            (A) Making all reasonable efforts to complete the
11        investigation within 10 school days after the date the
12        report of the incident of bullying was received and
13        taking into consideration additional relevant
14        information received during the course of the
15        investigation about the reported incident of bullying.
16            (B) Involving appropriate school support personnel
17        and other staff persons with knowledge, experience,
18        and training on bullying prevention, as deemed
19        appropriate, in the investigation process.
20            (C) Notifying the principal or school
21        administrator or his or her designee of the report of
22        the incident of bullying as soon as possible after the
23        report is received.
24            (D) Consistent with federal and State laws and
25        rules governing student privacy rights, providing
26        parents and guardians of the students who are parties

 

 

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1        to the investigation information about the
2        investigation and an opportunity to meet with the
3        principal or school administrator or his or her
4        designee to discuss the investigation, the findings of
5        the investigation, and the actions taken to address
6        the reported incident of bullying.
7        (6) Includes the interventions that can be taken to
8    address bullying, which may include, but are not limited
9    to, school social work services, restorative measures,
10    social-emotional skill building, counseling, school
11    psychological services, and community-based services.
12        (7) Includes a statement prohibiting reprisal or
13    retaliation against any person who reports an act of
14    bullying and the consequences and appropriate remedial
15    actions for a person who engages in reprisal or
16    retaliation.
17        (8) Includes consequences and appropriate remedial
18    actions for a person found to have falsely accused another
19    of bullying as a means of retaliation or as a means of
20    bullying.
21        (9) Is based on the engagement of a range of school
22    stakeholders, including students and parents or guardians.
23        (10) Is posted on the school district's, charter
24    school's, or non-public, non-sectarian elementary or
25    secondary school's existing, publicly accessible Internet
26    website, is included in the student handbook, and, where

 

 

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1    applicable, posted where other policies, rules, and
2    standards of conduct are currently posted in the school
3    and provided periodically throughout the school year to
4    students and faculty, and is distributed annually to
5    parents, guardians, students, and school personnel,
6    including new employees when hired.
7        (11) As part of the process of reviewing and
8    re-evaluating the policy under subsection (d) of this
9    Section, contains a policy evaluation process to assess
10    the outcomes and effectiveness of the policy that
11    includes, but is not limited to, factors such as the
12    frequency of victimization; student, staff, and family
13    observations of safety at a school; identification of
14    areas of a school where bullying occurs; the types of
15    bullying utilized; and bystander intervention or
16    participation. The school district, charter school, or
17    non-public, non-sectarian elementary or secondary school
18    may use relevant data and information it already collects
19    for other purposes in the policy evaluation. The
20    information developed as a result of the policy evaluation
21    must be made available on the Internet website of the
22    school district, charter school, or non-public,
23    non-sectarian elementary or secondary school. If an
24    Internet website is not available, the information must be
25    provided to school administrators, school board members,
26    school personnel, parents, guardians, and students.

 

 

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1        (12) Is consistent with the policies of the school
2    board, charter school, or non-public, non-sectarian
3    elementary or secondary school.
4        (13) Requires all individual instances of bullying, as
5    well as all threats, suggestions, or instances of
6    self-harm determined to be the result of bullying, to be
7    reported to the parents or legal guardians of those
8    involved under the guidelines provided in paragraph (4) of
9    this definition.
10    "Restorative measures" means a continuum of school-based
11alternatives to exclusionary discipline, such as suspensions
12and expulsions, that: (i) are adapted to the particular needs
13of the school and community, (ii) contribute to maintaining
14school safety, (iii) protect the integrity of a positive and
15productive learning climate, (iv) teach students the personal
16and interpersonal skills they will need to be successful in
17school and society, (v) serve to build and restore
18relationships among students, families, schools, and
19communities, (vi) reduce the likelihood of future disruption
20by balancing accountability with an understanding of students'
21behavioral health needs in order to keep students in school,
22and (vii) increase student accountability if the incident of
23bullying is based on religion, race, ethnicity, or any other
24category that is identified in the Illinois Human Rights Act.
25    "School personnel" means persons employed by, on contract
26with, or who volunteer in a school district, charter school,

 

 

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1or non-public, non-sectarian elementary or secondary school,
2including without limitation school and school district
3administrators, teachers, school social workers, school
4counselors, school psychologists, school nurses, cafeteria
5workers, custodians, bus drivers, school resource officers,
6and security guards.
7    (c) (Blank).
8    (d) Each school district, charter school, and non-public,
9non-sectarian elementary or secondary school shall create,
10maintain, and implement a policy on bullying, which policy
11must be filed with the State Board of Education. The policy on
12bullying shall be based on the State Board of Education's
13template for a model bullying prevention policy under
14subsection (h) and shall include the criteria set forth in the
15definition of "policy on bullying". The policy or implementing
16procedure shall include a process to investigate whether a
17reported act of bullying is within the permissible scope of
18the district's or school's jurisdiction and shall require that
19the district or school provide the victim with information
20regarding services that are available within the district and
21community, such as counseling, support services, and other
22programs. School personnel available for help with a bully or
23to make a report about bullying shall be made known to parents
24or legal guardians, students, and school personnel. Every 2
25years, each school district, charter school, and non-public,
26non-sectarian elementary or secondary school shall conduct a

 

 

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1review and re-evaluation of its policy and make any necessary
2and appropriate revisions. No later than September 30 of the
3subject year, the policy must be filed with the State Board of
4Education after being updated. The State Board of Education
5shall monitor and provide technical support for the
6implementation of policies created under this subsection (d).
7In monitoring the implementation of the policies, the State
8Board of Education shall review each filed policy on bullying
9to ensure all policies meet the requirements set forth in this
10Section, including ensuring that each policy meets the 12
11criterion identified within the definition of "policy on
12bullying" set forth in this Section.
13    If a school district, charter school, or non-public,
14non-sectarian elementary or secondary school fails to file a
15policy on bullying by September 30 of the subject year, the
16State Board of Education shall provide a written request for
17filing to the school district, charter school, or non-public,
18non-sectarian elementary or secondary school. If a school
19district, charter school, or non-public, non-sectarian
20elementary or secondary school fails to file a policy on
21bullying within 14 days of receipt of the aforementioned
22written request, the State Board of Education shall publish
23notice of the non-compliance on the State Board of Education's
24website.
25    Each school district, charter school, and non-public,
26non-sectarian elementary or secondary school may provide

 

 

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1evidence-based professional development and youth programming
2on bullying prevention that is consistent with the provisions
3of this Section.
4    (e) This Section shall not be interpreted to prevent a
5victim from seeking redress under any other available civil or
6criminal law.
7    (f) School districts, charter schools, and non-public,
8non-sectarian elementary and secondary schools shall collect,
9maintain, and submit to the State Board of Education
10non-identifiable data regarding verified allegations of
11bullying within the school district, charter school, or
12non-public, non-sectarian elementary or secondary school.
13School districts, charter schools, and non-public,
14non-sectarian elementary and secondary schools must submit
15such data in an annual report due to the State Board of
16Education no later than August 15 of each year starting with
17the 2024-2025 school year through the 2030-2031 school year.
18The State Board of Education shall adopt rules for the
19submission of data that includes, but is not limited to: (i) a
20record of each verified allegation of bullying and action
21taken; and (ii) whether the instance of bullying was based on
22actual or perceived characteristics identified in subsection
23(a) and, if so, lists the relevant characteristics. The rules
24for the submission of data shall be consistent with federal
25and State laws and rules governing student privacy rights,
26including, but not limited to, the federal Family Educational

 

 

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1Rights and Privacy Act of 1974 and the Illinois School Student
2Records Act, which shall include, without limitation, a record
3of each complaint and action taken. The State Board of
4Education shall adopt rules regarding the notification of
5school districts, charter schools, and non-public,
6non-sectarian elementary and secondary schools that fail to
7comply with the requirements of this subsection.
8    (g) Upon the request of a parent or legal guardian of a
9child enrolled in a school district, charter school, or
10non-public, non-sectarian elementary or secondary school
11within this State, the State Board of Education must provide
12non-identifiable data on the number of bullying allegations
13and incidents in a given year in the school district, charter
14school, or non-public, non-sectarian elementary or secondary
15school to the requesting parent or legal guardian. The State
16Board of Education shall adopt rules regarding (i) the
17handling of such data, (ii) maintaining the privacy of the
18students and families involved, and (iii) best practices for
19sharing numerical data with parents and legal guardians.
20    (h) By January 1, 2024, the State Board of Education shall
21post on its Internet website a template for a model bullying
22prevention policy.
23    (i) The Illinois Bullying and Cyberbullying Prevention
24Fund is created as a special fund in the State treasury. Any
25moneys appropriated to the Fund may be used, subject to
26appropriation, by the State Board of Education for the

 

 

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1purposes of subsection (j).
2    (j) Subject to appropriation, the State Superintendent of
3Education may provide a grant to a school district, charter
4school, or non-public, non-sectarian elementary or secondary
5school to support its anti-bullying programming. Grants may be
6awarded from the Illinois Bullying and Cyberbullying
7Prevention Fund. School districts, charter schools, and
8non-public, non-sectarian elementary or secondary schools that
9are not in compliance with subsection (f) are not eligible to
10receive a grant from the Illinois Bullying and Cyberbullying
11Prevention Fund.
12(Source: P.A. 102-197, eff. 7-30-21; 102-241, eff. 8-3-21;
13102-813, eff. 5-13-22; 102-894, eff. 5-20-22; 103-47, eff.
146-9-23.)