Full Text of HB5176 102nd General Assembly
HB5176eng 102ND GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning education.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Pension Code is amended by | 5 | | changing Sections 16-133 and 16-136.4 as follows:
| 6 | | (40 ILCS 5/16-133) (from Ch. 108 1/2, par. 16-133)
| 7 | | Sec. 16-133. Retirement annuity; amount.
| 8 | | (a) The amount of the retirement annuity shall be (i) in | 9 | | the case of a person who first became a teacher under this | 10 | | Article before July 1, 2005, the larger of the
amounts | 11 | | determined under paragraphs (A) and (B) below, or (ii) in the | 12 | | case of a person who first becomes a teacher under this Article | 13 | | on or after July 1, 2005, the amount determined under the | 14 | | applicable provisions of paragraph (B):
| 15 | | (A) An amount consisting of the sum of the following:
| 16 | | (1) An amount that can be provided on an | 17 | | actuarially equivalent basis
by the member's | 18 | | accumulated contributions at the time of retirement; | 19 | | and
| 20 | | (2) The sum of (i) the amount that can be provided | 21 | | on an actuarially
equivalent basis by the member's | 22 | | accumulated contributions representing
service prior | 23 | | to July 1, 1947, and (ii) the amount that can be |
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| 1 | | provided on
an actuarially equivalent basis by the | 2 | | amount obtained by multiplying 1.4
times the member's | 3 | | accumulated contributions covering service subsequent | 4 | | to
June 30, 1947; and
| 5 | | (3) If there is prior service, 2 times the amount | 6 | | that would have been
determined under subparagraph (2) | 7 | | of paragraph (A) above on account of
contributions | 8 | | which would have been made during the period of prior | 9 | | service
creditable to the member had the System been | 10 | | in operation and had the
member made contributions at | 11 | | the contribution rate in effect prior to
July 1, 1947.
| 12 | | This paragraph (A) does not apply to a person who | 13 | | first becomes a teacher under this Article on or after | 14 | | July 1, 2005.
| 15 | | (B) An amount consisting of the greater of the | 16 | | following:
| 17 | | (1) For creditable service earned before July 1, | 18 | | 1998 that has not
been augmented under Section | 19 | | 16-129.1: 1.67% of final average salary for
each of | 20 | | the first 10 years of creditable service, 1.90% of | 21 | | final average salary
for each year in excess of 10 but | 22 | | not exceeding 20, 2.10% of final average
salary for | 23 | | each year in excess of 20 but not exceeding 30, and | 24 | | 2.30% of final
average salary for each year in excess | 25 | | of 30; and
| 26 | | For creditable service earned on or after July 1, |
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| 1 | | 1998 by a member who
has at least 24 years of | 2 | | creditable service on July 1, 1998 and who
does not | 3 | | elect to augment service under Section 16-129.1: 2.2% | 4 | | of final
average salary for each year of creditable | 5 | | service earned on or after July 1,
1998 but before the | 6 | | member reaches a total of 30 years of creditable | 7 | | service
and 2.3% of final average salary for each year | 8 | | of creditable service earned
on or after July 1, 1998 | 9 | | and after the member reaches a total of 30 years of
| 10 | | creditable service; and
| 11 | | For all other creditable service: 2.2% of final | 12 | | average salary
for each year of creditable service; or
| 13 | | (2) 1.5% of final average salary for each year of
| 14 | | creditable service plus the sum $7.50 for each of the | 15 | | first 20 years of
creditable service.
| 16 | | The amount of the retirement annuity determined under this | 17 | | paragraph (B)
shall be reduced by 1/2 of 1% for each month | 18 | | that the member is less than
age 60 at the time the | 19 | | retirement annuity begins. However, this reduction
shall | 20 | | not apply (i) if the member has at least 35 years of | 21 | | creditable service,
or (ii) if the member retires on | 22 | | account of disability under Section 16-149.2
of this | 23 | | Article with at least 20 years of creditable service, or | 24 | | (iii) if
the member (1) has earned during the period | 25 | | immediately preceding the last
day of service at least one | 26 | | year of contributing creditable service as an
employee of |
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| 1 | | a department as defined in Section 14-103.04, (2) has | 2 | | earned at
least 5 years of contributing creditable service | 3 | | as an employee of a department
as defined in Section | 4 | | 14-103.04, (3) retires on or after January 1, 2001, and
| 5 | | (4) retires having attained an age which, when added to | 6 | | the number of years of
his or her total creditable | 7 | | service, equals at least 85. Portions of years
shall be | 8 | | counted as decimal equivalents.
| 9 | | (b) For purposes of this Section, except as provided in | 10 | | subsection (b-5), final average salary shall be the
average | 11 | | salary for the highest 4 consecutive years within the last 10 | 12 | | years
of creditable service as determined under rules of the | 13 | | board. | 14 | | The minimum
final average salary shall be considered to | 15 | | be $2,400 per year.
| 16 | | In the determination of final average salary for members | 17 | | other than
elected officials and their appointees when such | 18 | | appointees are allowed by
statute, that part of a member's | 19 | | salary for any year beginning after June
30, 1979 which | 20 | | exceeds the member's annual full-time salary rate with the
| 21 | | same employer for the preceding year by more than 20% shall be | 22 | | excluded.
The exclusion shall not apply in any year in which | 23 | | the member's creditable
earnings are less than 50% of the | 24 | | preceding year's mean salary for downstate
teachers as | 25 | | determined by a the survey of school district salaries | 26 | | provided in
Section 2-3.103 of the School Code .
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| 1 | | (b-5) A teacher who retires on or after June 1, 2021 and | 2 | | for whom the 2020-2021 school year is used in the calculation | 3 | | of the member's final average salary shall use the higher of | 4 | | the following for the purpose of determining the member's | 5 | | final average salary: | 6 | | (A) the amount otherwise calculated under subsection | 7 | | (b); or | 8 | | (B) an amount calculated by the System using the | 9 | | average salary for the 4 highest years within the last 10 | 10 | | years of creditable service as determined under the rules | 11 | | of the board. | 12 | | (c) In determining the amount of the retirement annuity | 13 | | under paragraph
(B) of this Section, a fractional year shall | 14 | | be granted proportional credit.
| 15 | | (d) The retirement annuity determined under paragraph (B) | 16 | | of this Section
shall be available only to members who render | 17 | | teaching service after July
1, 1947 for which member | 18 | | contributions are required, and to annuitants who
re-enter | 19 | | under the provisions of Section 16-150.
| 20 | | (e) The maximum retirement annuity provided under | 21 | | paragraph (B) of this
Section shall be 75% of final average | 22 | | salary.
| 23 | | (f) A member retiring after the effective date of this | 24 | | amendatory Act
of 1998 shall receive a pension equal to 75% of | 25 | | final average salary if the
member is qualified to receive a | 26 | | retirement annuity equal to at least 74.6%
of final average |
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| 1 | | salary under this Article or as proportional annuities under
| 2 | | Article 20 of this Code.
| 3 | | (Source: P.A. 102-16, eff. 6-17-21.)
| 4 | | (40 ILCS 5/16-136.4) (from Ch. 108 1/2, par. 16-136.4)
| 5 | | Sec. 16-136.4. Single-sum retirement benefit.
| 6 | | (a) A member who has less than 5 years of creditable | 7 | | service shall be
entitled, upon written application to the | 8 | | board, to receive a retirement
benefit payable in a single sum | 9 | | upon or after the member's attainment of
age 65. However, the | 10 | | benefit shall not be paid while the member is
employed as a | 11 | | teacher in the schools included under this Article or Article
| 12 | | 17, unless the System is required by federal law to make | 13 | | payment due to the
member's age.
| 14 | | (b) The retirement benefit shall consist of a single sum | 15 | | that is the
actuarial equivalent of a life annuity consisting | 16 | | of 1.67% of the member's
final average salary for each year of | 17 | | creditable service. In determining
the amount of the benefit, | 18 | | a fractional year shall be granted proportional
credit.
| 19 | | For the purposes of this Section, final average salary | 20 | | shall be the
average salary of the member's highest 4 | 21 | | consecutive years of service
as determined under rules of the | 22 | | board. For a member with less than 4
consecutive years of | 23 | | service, final average salary shall be the average
salary | 24 | | during the member's entire period of service. In the | 25 | | determination
of final average salary for members other than |
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| 1 | | elected officials and their
appointees when such appointees | 2 | | are allowed by statute, that part of a
member's salary which | 3 | | exceeds the member's annual full-time salary rate
with the | 4 | | same employer for the preceding year by more than 20% shall be
| 5 | | excluded.
The exclusion shall not apply in any year in which | 6 | | the member's creditable
earnings are less than 50% of the | 7 | | preceding year's mean salary for downstate
teachers as | 8 | | determined by a the survey of school district salaries | 9 | | provided in
Section 2-3.103 of the School Code .
| 10 | | (c) The retirement benefit determined under this Section | 11 | | shall be
available to all members who render teaching service | 12 | | after July 1, 1947 for
which member contributions are | 13 | | required.
| 14 | | (d) Upon acceptance of the retirement benefit, all of the | 15 | | member's
accrued rights and credits in the System are | 16 | | forfeited. Receipt of a
single-sum retirement benefit under | 17 | | this Section does not make a person an
"annuitant" for the | 18 | | purposes of this Article, nor a "benefit recipient" for
the | 19 | | purposes of Sections 16-153.1 through 16-153.4.
| 20 | | (Source: P.A. 91-887, eff. 7-6-00.)
| 21 | | Section 10. The School Code is amended by adding Section | 22 | | 2-3.192 and by changing Sections 10-17, 10-20.44, and 27-23.7 | 23 | | as follows: | 24 | | (105 ILCS 5/2-3.192 new) |
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| 1 | | Sec. 2-3.192. Limitations on reporting. | 2 | | (a) In order to reduce redundancy and increase efficiency, | 3 | | the State Board of Education
shall merge the end-of-the-year | 4 | | grant periodic report with the fourth quarter electronic | 5 | | expenditure report. | 6 | | (b) In order to reduce redundancy and increase efficiency, | 7 | | the ISBE Survey of Unfilled
Teaching Positions shall be merged | 8 | | with the Illinois Association of Regional School | 9 | | Superintendents' Educator Shortage Survey. | 10 | | (c) No later than July 1, 2023, the State Board shall merge | 11 | | the evidence-based spending plan with existing reports to | 12 | | reduce reporting burdens on school districts. | 13 | | (d) Beginning July 1, 2022, the State Board may not | 14 | | require school districts to complete the NCLB/ESSA Monitoring
| 15 | | Instrument. | 16 | | (e) The State Board shall eliminate all outdated | 17 | | categories and reports from its Web Application Security | 18 | | System (IWAS), including IDEA Part B Flow-through, IDEA Part B | 19 | | Preschool, ARRA Education Jobs Supplemental Funds, ARRA IDEA | 20 | | Part B Flow-through, ARRA IDEA Part B Preschool, the ARRA NCLB | 21 | | Consolidated Application, the Foster Care Transportation Plan, | 22 | | the GATA Risk Assessment, the NCLB Consolidated Application, | 23 | | Preschool for All Cont. 0-3 EC, Preschool for All Cont. 3-5 EC, | 24 | | the Teacher Quality-Teacher Residencies RFP, the Title I | 25 | | District Plan, the Reduction in Force Survey, the Survey of | 26 | | Learning Conditions, the End of the Year Report, the Teacher |
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| 1 | | Salary Study, and ISBE Dash. The State Board shall merge the 2 | 2 | | sections titled "Annual" in IWAS under a single section titled | 3 | | "Annual". The State Board may not include categories and | 4 | | reports in IWAS that are not applicable to a school district. | 5 | | (f) The State Board shall be responsible for extracting | 6 | | data from the Annual
Financial Report and importing the data | 7 | | into the IDEA Maintenance of Effort and IDEA Excess Cost | 8 | | Reports. | 9 | | (g) The State Board's maintenance of effort report shall | 10 | | draw data from the merged report under subsection (f). The | 11 | | maintenance of effort report shall require a verification | 12 | | process rather
than require district administrators to provide | 13 | | data for the report. | 14 | | (h) The State Board shall categorize school energy | 15 | | efficiency grants and school maintenance grants as grants, not | 16 | | surveys, in reports concerning those grants. | 17 | | (i) The State Board may send notices regarding reporting | 18 | | deadlines only to districts that have not already
completed | 19 | | their reporting. | 20 | | (105 ILCS 5/10-17) (from Ch. 122, par. 10-17)
| 21 | | Sec. 10-17. Accounting; vendor reports Statement of | 22 | | affairs .
| 23 | | (a) In Class I or Class II county
school units the school | 24 | | board may use either a cash basis or accrual
system of | 25 | | accounting; however, any board so electing to use the accrual
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| 1 | | system may not change to a cash basis without the permission of | 2 | | the
State Board of Education.
| 3 | | School Boards using either a cash basis or accrual system | 4 | | of
accounting shall maintain records showing the assets, | 5 | | liabilities and
fund balances in such minimum forms as may be | 6 | | prescribed by the
State Board of Education. Such boards shall | 7 | | make available to the public a
statement as provided in | 8 | | subsection (b) of the affairs of the district prior to | 9 | | December 1 annually by submitting the statement of affairs in
| 10 | | such form as may be prescribed by the State Board of Education | 11 | | for
posting on the State Board of Education's Internet website | 12 | | and , by having
copies of the statement of affairs available in | 13 | | the main administrative office of the district . , and by | 14 | | publishing in a newspaper of general circulation published in | 15 | | the school district an annual statement of affairs summary | 16 | | containing at a minimum all of the following information: | 17 | | (1) A summary statement of operations for all funds of | 18 | | the district, as excerpted from the statement of affairs | 19 | | filed with the State Board of Education. The summary | 20 | | statement must include a listing of all moneys received by | 21 | | the district, indicating the total amounts, in the | 22 | | aggregate, each fund of the district received, with a | 23 | | general statement concerning the source of receipts. | 24 | | (2) Except as provided in subdivision (3) of this | 25 | | subsection (a), a listing of all moneys paid out by the | 26 | | district where the total amount paid during the fiscal |
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| 1 | | year exceeds $2,500 in the aggregate per person, giving | 2 | | the name of each person to whom moneys were paid and the | 3 | | total paid to each person. | 4 | | (3) A listing of all personnel, by name, with an | 5 | | annual fiscal year gross payment in the categories set | 6 | | forth in subdivisions 1 and 2 of subsection (c) of this | 7 | | Section. | 8 | | In this Section, "newspaper of general circulation" means a | 9 | | newspaper of general circulation published in the school | 10 | | district, or, if no newspaper is published in the school | 11 | | district, a newspaper published in the county where the school | 12 | | district is located or, if no newspaper is published in the | 13 | | county, a newspaper published in the educational service | 14 | | region where the regional superintendent of schools has | 15 | | supervision and control of the school district. The submission | 16 | | to the State Board of Education shall include an assurance | 17 | | that the statement of affairs has been made available in the | 18 | | main administrative office of the school district and that the | 19 | | required notice has been published in accordance with this | 20 | | Section.
| 21 | | After December 15 annually, upon 10 days prior written | 22 | | notice to the school district, the State Board of Education | 23 | | may discontinue the processing of payments to the State | 24 | | Comptroller's office on behalf of any school district that is | 25 | | not in compliance with the requirements imposed by this | 26 | | Section. The State Board of Education shall resume the |
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| 1 | | processing of payments to the State Comptroller's Office on | 2 | | behalf of the school district once the district is in | 3 | | compliance with the requirements imposed by this Section.
| 4 | | The State Board of Education must post, on or before | 5 | | January 15, all statements of affairs timely received from | 6 | | school districts.
| 7 | | (b) When any school district is the administrative | 8 | | district for several
school districts operating under a joint | 9 | | agreement as authorized by this
Code, no receipts or | 10 | | disbursements accruing, received or paid out
by that
school | 11 | | district as such an administrative district shall be included | 12 | | in
the statement of affairs of the district required by this | 13 | | Section.
However, that district shall have prepared and made | 14 | | available to the public, in accordance with subsection (a) of | 15 | | this Section, in the same
manner and subject to the same | 16 | | requirements as are provided in this
Section for the statement | 17 | | of affairs of that district, a statement
showing the cash | 18 | | receipts and disbursements by funds (or the revenue,
expenses | 19 | | and financial position, if the accrual system of accounting is
| 20 | | used) of the district as such administrative district, in the | 21 | | form
prescribed by the State Board of Education. The costs of
| 22 | | publishing the notice and summary of this separate statement
| 23 | | prepared by such an administrative
district shall be | 24 | | apportioned among and paid by the participating
districts in | 25 | | the same manner as other costs and expenses accruing to
those | 26 | | districts jointly.
School districts on a cash basis shall have |
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| 1 | | prepared and made available to
the public, in accordance with | 2 | | subsection (a) of this Section, a
statement showing the cash | 3 | | receipts and disbursements by funds in the
form prescribed by | 4 | | the State Board of Education.
| 5 | | School districts using the accrual system of accounting | 6 | | shall have
prepared and made available to the public, in | 7 | | accordance with subsection (a) of this Section, a statement of
| 8 | | revenue
and expenses and a statement
of financial position in | 9 | | the form prescribed by the State Board of Education.
| 10 | | In Class II county school units such statement shall be | 11 | | prepared and
made available to the public, in accordance with | 12 | | subsection (a) of this Section, by the township treasurer of | 13 | | the
unit within which such
districts are located, except with | 14 | | respect to the school board of any
school district that no | 15 | | longer is subject to the jurisdiction and authority
of a | 16 | | township treasurer or trustees of schools of a township
| 17 | | because the district has withdrawn from the jurisdiction and | 18 | | authority of the
township treasurer and trustees of schools of | 19 | | the township or because
those offices have been abolished as | 20 | | provided in subsection (b) or
(c) of Section 5-1, and as to | 21 | | each such school district the statement
required by this | 22 | | Section shall be prepared and made available to the public, in | 23 | | accordance with subsection (a) of this Section, by the school
| 24 | | board of such district in the same manner as required for | 25 | | school boards of
school districts situated in Class I county | 26 | | school units.
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| 1 | | (c) (Blank). The statement of affairs required pursuant to | 2 | | this Section shall contain such information as may
be required | 3 | | by the State Board of Education, including:
| 4 | | 1. Annual fiscal year gross payment for certificated | 5 | | personnel to be
shown by name, listing each employee in | 6 | | one of the following categories:
| 7 | | (a) Under $25,000
| 8 | | (b) $25,000 to $39,999
| 9 | | (c) $40,000 to $59,999
| 10 | | (d) $60,000 to $89,999
| 11 | | (e) $90,000 and over
| 12 | | 2. Annual fiscal year payment for non-certificated | 13 | | personnel to be
shown by name, listing each employee in | 14 | | one of the following categories:
| 15 | | (a) Under $25,000
| 16 | | (b) $25,000 to $39,999
| 17 | | (c) $40,000 to $59,999
| 18 | | (d) $60,000 and over
| 19 | | 3. In addition to wages and salaries all other moneys | 20 | | in the
aggregate paid to recipients of $1,000 or more, | 21 | | giving the name of the
person, firm or corporation and the | 22 | | total amount received by each.
| 23 | | 4. Approximate size of school district in square | 24 | | miles.
| 25 | | 5. Number of school attendance centers.
| 26 | | 6. Numbers of employees as follows:
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| 1 | | (a) Full-time certificated employees;
| 2 | | (b) Part-time certificated employees;
| 3 | | (c) Full-time non-certificated employees;
| 4 | | (d) Part-time non-certificated employees.
| 5 | | 7. Numbers of pupils as follows:
| 6 | | (a) Enrolled by grades;
| 7 | | (b) Total enrolled;
| 8 | | (c) Average daily attendance.
| 9 | | 8. Assessed valuation as follows:
| 10 | | (a) Total of the district;
| 11 | | (b) Per pupil in average daily attendance.
| 12 | | 9. Tax rate for each district fund.
| 13 | | 10. District financial obligation at the close of the | 14 | | fiscal year as
follows:
| 15 | | (a) Teachers' orders outstanding;
| 16 | | (b) Anticipation warrants outstanding for each | 17 | | fund.
| 18 | | 11. Total bonded debt at the close of the fiscal year.
| 19 | | 12. Percent of bonding power obligated currently.
| 20 | | 13. Value of capital assets of the district including:
| 21 | | (a) Land;
| 22 | | (b) Buildings;
| 23 | | (c) Equipment.
| 24 | | 14. Total amount of investments each fund.
| 25 | | 15. Change in net cash position from the previous | 26 | | report period for
each district fund.
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| 1 | | A In addition to the above report, a report
of | 2 | | expenditures in the aggregate paid on behalf of recipients of | 3 | | $500 or
more, giving the name of the person, firm or | 4 | | corporation and the total
amount received by each shall be | 5 | | available in the school district office
for public inspection. | 6 | | This listing shall include all wages, salaries
and | 7 | | expenditures over $500 expended from any revolving fund | 8 | | maintained
by the district. Any resident of the school | 9 | | district may receive a copy
of this report, upon request, by | 10 | | paying a reasonable charge to defray
the costs of preparing | 11 | | such copy.
| 12 | | (d) All school districts shall post a vendor report on | 13 | | their websites within 60 days after the completion of the | 14 | | Annual Financial Report. The vendor report shall be broken | 15 | | down as follows: | 16 | | (1) expenses in the range of $5,000 to $24,999; and | 17 | | (2) expenses in the range of $25,000 and over. | 18 | | (e) This Section does not apply to cities having a | 19 | | population exceeding
500,000.
| 20 | | (Source: P.A. 94-875, eff. 7-1-06.)
| 21 | | (105 ILCS 5/10-20.44) | 22 | | Sec. 10-20.44. Report on contracts. | 23 | | (a) This Section applies to all school districts, | 24 | | including a school district organized under Article 34 of this | 25 | | Code. |
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| 1 | | (b) A school board must
list on the district's Internet | 2 | | website, if any, all contracts
over $25,000 and any contract | 3 | | that the school board enters into
with an exclusive bargaining | 4 | | representative. | 5 | | (c) Each year, in conjunction with the submission of the | 6 | | Statement of Affairs to the State Board of Education prior to | 7 | | December 1, provided for in Section 10-17, each school | 8 | | district shall submit to the State Board of Education an | 9 | | annual report on all contracts over $25,000 awarded by the | 10 | | school district during the previous fiscal year. The report | 11 | | shall include at least the following: | 12 | | (1) the total number of all contracts awarded by the | 13 | | school district; | 14 | | (2) the total value of all contracts awarded; | 15 | | (3) the number of contracts awarded to minority-owned | 16 | | businesses, women-owned businesses, and businesses owned | 17 | | by persons with disabilities, as defined in the Business | 18 | | Enterprise for Minorities, Women, and Persons with | 19 | | Disabilities Act, and locally owned businesses; and | 20 | | (4) the total value of contracts awarded to | 21 | | minority-owned businesses, women-owned businesses, and | 22 | | businesses owned by persons with disabilities, as defined | 23 | | in the Business Enterprise for Minorities, Women, and | 24 | | Persons with Disabilities Act, and locally owned | 25 | | businesses. | 26 | | The report shall be made available to the public, |
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| 1 | | including publication on the school district's Internet | 2 | | website, if any.
| 3 | | (Source: P.A. 100-391, eff. 8-25-17.) | 4 | | (105 ILCS 5/27-23.7) | 5 | | Sec. 27-23.7. Bullying prevention. | 6 | | (a) The General Assembly finds that a safe and civil | 7 | | school environment is necessary for students to learn and | 8 | | achieve and that bullying causes physical, psychological, and | 9 | | emotional harm to students and interferes with students' | 10 | | ability to learn and participate in school activities. The | 11 | | General Assembly further finds that bullying has been linked | 12 | | to other forms of antisocial behavior, such as vandalism, | 13 | | shoplifting, skipping and dropping out of school, fighting, | 14 | | using drugs and alcohol, sexual harassment, and sexual | 15 | | violence. Because of the negative outcomes associated with | 16 | | bullying in schools, the General Assembly finds that school | 17 | | districts, charter schools, and non-public, non-sectarian | 18 | | elementary and secondary schools should educate students, | 19 | | parents, and school district, charter school, or non-public, | 20 | | non-sectarian elementary or secondary school personnel about | 21 | | what behaviors constitute prohibited bullying. | 22 | | Bullying on the basis of actual or perceived race, color, | 23 | | religion, sex, national origin, ancestry, age, marital status, | 24 | | physical or mental disability, military status, sexual | 25 | | orientation, gender-related identity or expression, |
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| 1 | | unfavorable discharge from military service, association with | 2 | | a person or group with one or more of the aforementioned actual | 3 | | or perceived characteristics, or any other distinguishing | 4 | | characteristic is prohibited in all school districts, charter | 5 | | schools, and non-public, non-sectarian elementary and | 6 | | secondary schools.
No student shall be subjected to bullying: | 7 | | (1) during any school-sponsored education program or | 8 | | activity; | 9 | | (2) while in school, on school property, on school | 10 | | buses or other school vehicles, at designated school bus | 11 | | stops waiting for the school bus, or at school-sponsored | 12 | | or school-sanctioned events or activities; | 13 | | (3) through the transmission of information from a | 14 | | school computer, a school computer network, or other | 15 | | similar electronic school equipment; or | 16 | | (4) through the transmission of information from a | 17 | | computer that is accessed at a nonschool-related location, | 18 | | activity, function, or program or from the use of | 19 | | technology or an electronic device that is not owned, | 20 | | leased, or used by a school district or school if the | 21 | | bullying causes a substantial disruption to the | 22 | | educational process or orderly operation of a school. This | 23 | | item (4) applies only in cases in which a school | 24 | | administrator or teacher receives a report that bullying | 25 | | through this means has occurred and does not require a | 26 | | district or school to staff or monitor any |
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| 1 | | nonschool-related activity, function, or program. | 2 | | (a-5) Nothing in this Section is intended to infringe upon | 3 | | any right to exercise free expression or the free exercise of | 4 | | religion or religiously based views protected under the First | 5 | | Amendment to the United States Constitution or under Section 3 | 6 | | of Article I of the Illinois Constitution. | 7 | | (b) In this Section:
| 8 | | "Bullying" includes "cyber-bullying" and means any severe | 9 | | or pervasive physical or verbal act or conduct, including | 10 | | communications made in writing or electronically, directed | 11 | | toward a student or students that has or can be reasonably | 12 | | predicted to have the effect of one or more of the following: | 13 | | (1) placing the student or students in reasonable fear | 14 | | of harm to the student's or students' person or property; | 15 | | (2) causing a substantially detrimental effect on the | 16 | | student's or students' physical or mental health; | 17 | | (3) substantially interfering with the student's or | 18 | | students' academic performance; or | 19 | | (4) substantially interfering with the student's or | 20 | | students' ability to participate in or benefit from the | 21 | | services, activities, or privileges provided by a school. | 22 | | Bullying, as defined in this subsection (b), may take | 23 | | various forms, including without limitation one or more of the | 24 | | following: harassment, threats, intimidation, stalking, | 25 | | physical violence, sexual harassment, sexual violence, theft, | 26 | | public humiliation, destruction of property, or retaliation |
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| 1 | | for asserting or alleging an act of bullying. This list is | 2 | | meant to be illustrative and non-exhaustive. | 3 | | "Cyber-bullying" means bullying through the use of | 4 | | technology or any electronic communication, including without | 5 | | limitation any transfer of signs, signals, writing, images, | 6 | | sounds, data, or intelligence of any nature transmitted in | 7 | | whole or in part by a wire, radio, electromagnetic system, | 8 | | photoelectronic system, or photooptical system, including | 9 | | without limitation electronic mail, Internet communications, | 10 | | instant messages, or facsimile communications. | 11 | | "Cyber-bullying" includes the creation of a webpage or weblog | 12 | | in which the creator assumes the identity of another person or | 13 | | the knowing impersonation of another person as the author of | 14 | | posted content or messages if the creation or impersonation | 15 | | creates any of the effects enumerated in the definition of | 16 | | bullying in this Section. "Cyber-bullying" also includes the | 17 | | distribution by electronic means of a communication to more | 18 | | than one person or the posting of material on an electronic | 19 | | medium that may be accessed by one or more persons if the | 20 | | distribution or posting creates any of the effects enumerated | 21 | | in the definition of bullying in this Section. | 22 | | "Policy on bullying" means a bullying prevention policy | 23 | | that meets the following criteria: | 24 | | (1) Includes the bullying definition provided in this | 25 | | Section. | 26 | | (2) Includes a statement that bullying is contrary to |
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| 1 | | State law and the policy of the school district, charter | 2 | | school, or non-public, non-sectarian elementary or | 3 | | secondary school and is consistent with subsection (a-5) | 4 | | of this Section. | 5 | | (3) Includes procedures for promptly reporting | 6 | | bullying, including, but not limited to, identifying and | 7 | | providing the school e-mail address (if applicable) and | 8 | | school telephone number for the staff person or persons | 9 | | responsible for receiving such reports and a procedure for | 10 | | anonymous reporting; however, this shall not be construed | 11 | | to permit formal disciplinary action solely on the basis | 12 | | of an anonymous report. | 13 | | (4) Consistent with federal and State laws and rules | 14 | | governing student privacy rights, includes procedures for | 15 | | promptly informing parents or guardians of all students | 16 | | involved in the alleged incident of bullying and | 17 | | discussing, as appropriate, the availability of social | 18 | | work services, counseling, school psychological services, | 19 | | other interventions, and restorative measures. | 20 | | (5) Contains procedures for promptly investigating and | 21 | | addressing reports of bullying, including the following: | 22 | | (A) Making all reasonable efforts to complete the | 23 | | investigation within 10 school days after the date the | 24 | | report of the incident of bullying was received and | 25 | | taking into consideration additional relevant | 26 | | information received during the course of the |
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| 1 | | investigation about the reported incident of bullying. | 2 | | (B) Involving appropriate school support personnel | 3 | | and other staff persons with knowledge, experience, | 4 | | and training on bullying prevention, as deemed | 5 | | appropriate, in the investigation process. | 6 | | (C) Notifying the principal or school | 7 | | administrator or his or her designee of the report of | 8 | | the incident of bullying as soon as possible after the | 9 | | report is received. | 10 | | (D) Consistent with federal and State laws and | 11 | | rules governing student privacy rights, providing | 12 | | parents and guardians of the students who are parties | 13 | | to the investigation information about the | 14 | | investigation and an opportunity to meet with the | 15 | | principal or school administrator or his or her | 16 | | designee to discuss the investigation, the findings of | 17 | | the investigation, and the actions taken to address | 18 | | the reported incident of bullying. | 19 | | (6) Includes the interventions that can be taken to | 20 | | address bullying, which may include, but are not limited | 21 | | to, school social work services, restorative measures, | 22 | | social-emotional skill building, counseling, school | 23 | | psychological services, and community-based services. | 24 | | (7) Includes a statement prohibiting reprisal or | 25 | | retaliation against any person who reports an act of | 26 | | bullying and the consequences and appropriate remedial |
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| 1 | | actions for a person who engages in reprisal or | 2 | | retaliation. | 3 | | (8) Includes consequences and appropriate remedial | 4 | | actions for a person found to have falsely accused another | 5 | | of bullying as a means of retaliation or as a means of | 6 | | bullying. | 7 | | (9) Is based on the engagement of a range of school | 8 | | stakeholders, including students and parents or guardians. | 9 | | (10) Is posted on the school district's, charter
| 10 | | school's, or non-public, non-sectarian elementary or
| 11 | | secondary school's existing Internet website, is
included | 12 | | in the student handbook, and, where applicable,
posted | 13 | | where other policies, rules, and standards of
conduct are | 14 | | currently posted in the school and provided periodically | 15 | | throughout the school year to students and faculty, and is
| 16 | | distributed annually to parents, guardians, students, and
| 17 | | school personnel, including new employees when hired. | 18 | | (11) As part of the process of reviewing and | 19 | | re-evaluating the policy under subsection (d) of this | 20 | | Section, contains a policy evaluation process to assess | 21 | | the outcomes and effectiveness of the policy that | 22 | | includes, but is not limited to, factors such as the | 23 | | frequency of victimization; student, staff, and family | 24 | | observations of safety at a school; identification of | 25 | | areas of a school where bullying occurs; the types of | 26 | | bullying utilized; and bystander intervention or |
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| 1 | | participation. The school district, charter school, or | 2 | | non-public, non-sectarian elementary or secondary school | 3 | | may use relevant data and information it already collects | 4 | | for other purposes in the policy evaluation. The | 5 | | information developed as a result of the policy evaluation | 6 | | must be made available on the Internet website of the | 7 | | school district, charter school, or non-public, | 8 | | non-sectarian elementary or secondary school. If an | 9 | | Internet website is not available, the information must be | 10 | | provided to school administrators, school board members, | 11 | | school personnel, parents, guardians, and students. | 12 | | (12) Is consistent with the policies of the school | 13 | | board, charter school, or non-public, non-sectarian | 14 | | elementary or secondary school. | 15 | | "Restorative measures" means a continuum of school-based | 16 | | alternatives to exclusionary discipline, such as suspensions | 17 | | and expulsions, that: (i) are adapted to the particular needs | 18 | | of the school and community, (ii) contribute to maintaining | 19 | | school safety, (iii) protect the integrity of a positive and | 20 | | productive learning climate, (iv) teach students the personal | 21 | | and interpersonal skills they will need to be successful in | 22 | | school and society, (v) serve to build and restore | 23 | | relationships among students, families, schools, and | 24 | | communities, (vi) reduce the likelihood of future disruption | 25 | | by balancing accountability with an understanding of students' | 26 | | behavioral health needs in order to keep students in school, |
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| 1 | | and (vii) increase student accountability if the incident of | 2 | | bullying is based on religion, race, ethnicity, or any other | 3 | | category that is identified in the Illinois Human Rights Act. | 4 | | "School personnel" means persons employed by, on contract | 5 | | with, or who volunteer in a school district, charter school, | 6 | | or non-public, non-sectarian elementary or secondary school, | 7 | | including without limitation school and school district | 8 | | administrators, teachers, school social workers, school | 9 | | counselors, school psychologists, school nurses, cafeteria | 10 | | workers, custodians, bus drivers, school resource officers, | 11 | | and security guards. | 12 | | (c) (Blank).
| 13 | | (d) Each school district, charter school, and non-public, | 14 | | non-sectarian elementary or secondary school shall create, | 15 | | maintain, and implement a policy on bullying . A school | 16 | | district organized under Article 34, must file its , which | 17 | | policy must be filed with the State Board of Education. The | 18 | | policy or implementing procedure shall include a process to | 19 | | investigate whether a reported act of bullying is within the | 20 | | permissible scope of the district's or school's jurisdiction | 21 | | and shall require that the district or school provide the | 22 | | victim with information regarding services that are available | 23 | | within the district and community, such as counseling, support | 24 | | services, and other programs. School personnel available for | 25 | | help with a bully or to make a report about bullying shall be | 26 | | made known to parents or legal guardians, students, and school |
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| 1 | | personnel. Every 2 years, each school district, charter | 2 | | school, and non-public, non-sectarian elementary or secondary | 3 | | school shall conduct a review and re-evaluation of its policy | 4 | | and make any necessary and appropriate revisions. A school | 5 | | district organized under Article 34 must file its The policy | 6 | | must be filed with the State Board of Education after being | 7 | | updated. The State Board of Education shall monitor and | 8 | | provide technical support for the implementation of policies | 9 | | created under this subsection (d). | 10 | | (e) This Section shall not be interpreted to prevent a | 11 | | victim from seeking redress under any other available civil or | 12 | | criminal law.
| 13 | | (Source: P.A. 102-197, eff. 7-30-21; 102-241, eff. 8-3-21; | 14 | | revised 10-18-21.) | 15 | | (105 ILCS 5/2-3.103 rep.) | 16 | | (105 ILCS 5/10-20.26 rep.) | 17 | | Section 15. The School Code is amended by repealing | 18 | | Sections 2-3.103 and 10-20.26.
| 19 | | Section 99. Effective date. This Act takes effect upon | 20 | | becoming law.
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