Full Text of HB3425 103rd General Assembly
HB3425ham001 103RD GENERAL ASSEMBLY | Rep. Margaret Croke Filed: 3/7/2023
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| 1 | | AMENDMENT TO HOUSE BILL 3425
| 2 | | AMENDMENT NO. ______. Amend House Bill 3425 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The State Finance Act is amended by adding | 5 | | Section 5.990 as follows: | 6 | | (30 ILCS 105/5.990 new) | 7 | | Sec. 5.990. The Illinois Bullying and Cyberbullying | 8 | | Prevention Fund. | 9 | | Section 10. The School Code is amended by changing Section | 10 | | 27-23.7 as follows: | 11 | | (105 ILCS 5/27-23.7) | 12 | | Sec. 27-23.7. Bullying prevention. | 13 | | (a) The General Assembly finds that a safe and civil | 14 | | school environment is necessary for students to learn and |
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| 1 | | achieve and that bullying causes physical, psychological, and | 2 | | emotional harm to students and interferes with students' | 3 | | ability to learn and participate in school activities. The | 4 | | General Assembly further finds that bullying has been linked | 5 | | to other forms of antisocial behavior, such as vandalism, | 6 | | shoplifting, skipping and dropping out of school, fighting, | 7 | | using drugs and alcohol, sexual harassment, and sexual | 8 | | violence. Because of the negative outcomes associated with | 9 | | bullying in schools, the General Assembly finds that school | 10 | | districts, charter schools, and non-public, non-sectarian | 11 | | elementary and secondary schools should educate students, | 12 | | parents, and school district, charter school, or non-public, | 13 | | non-sectarian elementary or secondary school personnel about | 14 | | what behaviors constitute prohibited bullying. | 15 | | Bullying on the basis of actual or perceived race, color, | 16 | | religion, sex, national origin, ancestry, physical appearance, | 17 | | socioeconomic status, academic status, pregnancy, parenting | 18 | | status, homelessness, age, marital status, physical or mental | 19 | | disability, military status, sexual orientation, | 20 | | gender-related identity or expression, unfavorable discharge | 21 | | from military service, association with a person or group with | 22 | | one or more of the aforementioned actual or perceived | 23 | | characteristics, or any other distinguishing characteristic is | 24 | | prohibited in all school districts, charter schools, and | 25 | | non-public, non-sectarian elementary and secondary schools.
No | 26 | | student shall be subjected to bullying: |
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| 1 | | (1) during any school-sponsored education program or | 2 | | activity; | 3 | | (2) while in school, on school property, on school | 4 | | buses or other school vehicles, at designated school bus | 5 | | stops waiting for the school bus, or at school-sponsored | 6 | | or school-sanctioned events or activities; | 7 | | (3) through the transmission of information from a | 8 | | school computer, a school computer network, or other | 9 | | similar electronic school equipment; or | 10 | | (4) through the transmission of information from a | 11 | | computer that is accessed at a nonschool-related location, | 12 | | activity, function, or program or from the use of | 13 | | technology or an electronic device that is not owned, | 14 | | leased, or used by a school district or school if the | 15 | | bullying causes a substantial disruption to the | 16 | | educational process or orderly operation of a school. This | 17 | | item (4) applies only in cases in which a school | 18 | | administrator or teacher receives a report that bullying | 19 | | through this means has occurred and does not require a | 20 | | district or school to staff or monitor any | 21 | | nonschool-related activity, function, or program. | 22 | | (a-5) Nothing in this Section is intended to infringe upon | 23 | | any right to exercise free expression or the free exercise of | 24 | | religion or religiously based views protected under the First | 25 | | Amendment to the United States Constitution or under Section 3 | 26 | | of Article I of the Illinois Constitution. |
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| 1 | | (b) In this Section:
| 2 | | "Bullying" includes "cyber-bullying" and means any severe | 3 | | or pervasive physical or verbal act or conduct, including | 4 | | communications made in writing or electronically, directed | 5 | | toward a student or students that has or can be reasonably | 6 | | predicted to have the effect of one or more of the following: | 7 | | (1) placing the student or students in reasonable fear | 8 | | of harm to the student's or students' person or property; | 9 | | (2) causing a substantially detrimental effect on the | 10 | | student's or students' physical or mental health; | 11 | | (3) substantially interfering with the student's or | 12 | | students' academic performance; or | 13 | | (4) substantially interfering with the student's or | 14 | | students' ability to participate in or benefit from the | 15 | | services, activities, or privileges provided by a school. | 16 | | Bullying, as defined in this subsection (b), may take | 17 | | various forms, including without limitation one or more of the | 18 | | following: harassment, threats, intimidation, stalking, | 19 | | physical violence, sexual harassment, sexual violence, theft, | 20 | | public humiliation, destruction of property, or retaliation | 21 | | for asserting or alleging an act of bullying. This list is | 22 | | meant to be illustrative and non-exhaustive. | 23 | | "Cyber-bullying" means bullying through the use of | 24 | | technology or any electronic communication, including without | 25 | | limitation any transfer of signs, signals, writing, images, | 26 | | sounds, data, or intelligence of any nature transmitted in |
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| 1 | | whole or in part by a wire, radio, electromagnetic system, | 2 | | photoelectronic system, or photooptical system, including | 3 | | without limitation electronic mail, Internet communications, | 4 | | instant messages, or facsimile communications. | 5 | | "Cyber-bullying" includes the creation of a webpage or weblog | 6 | | in which the creator assumes the identity of another person or | 7 | | the knowing impersonation of another person as the author of | 8 | | posted content or messages if the creation or impersonation | 9 | | creates any of the effects enumerated in the definition of | 10 | | bullying in this Section. "Cyber-bullying" also includes the | 11 | | distribution by electronic means of a communication to more | 12 | | than one person or the posting of material on an electronic | 13 | | medium that may be accessed by one or more persons if the | 14 | | distribution or posting creates any of the effects enumerated | 15 | | in the definition of bullying in this Section. | 16 | | "Policy on bullying" means a bullying prevention policy | 17 | | that meets the following criteria: | 18 | | (1) Includes the bullying definition provided in this | 19 | | Section. | 20 | | (2) Includes a statement that bullying is contrary to | 21 | | State law and the policy of the school district, charter | 22 | | school, or non-public, non-sectarian elementary or | 23 | | secondary school and is consistent with subsection (a-5) | 24 | | of this Section. | 25 | | (3) Includes procedures for promptly reporting | 26 | | bullying, including, but not limited to, identifying and |
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| 1 | | providing the school e-mail address (if applicable) and | 2 | | school telephone number for the staff person or persons | 3 | | responsible for receiving such reports and a procedure for | 4 | | anonymous reporting; however, this shall not be construed | 5 | | to permit formal disciplinary action solely on the basis | 6 | | of an anonymous report. | 7 | | (4) Consistent with federal and State laws and rules | 8 | | governing student privacy rights, includes procedures for | 9 | | promptly informing parents or guardians of all students | 10 | | involved in the alleged incident of bullying within 24 | 11 | | hours after the school's administration is made aware of | 12 | | the students' involvement in the incident and discussing, | 13 | | as appropriate, the availability of social work services, | 14 | | counseling, school psychological services, other | 15 | | interventions, and restorative measures. The school shall | 16 | | make diligent efforts to notify a parent or legal | 17 | | guardian, utilizing all contact information the school has | 18 | | available or that can be reasonably obtained by the school | 19 | | within the 24-hour period. | 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 , publicly accessible Internet | 12 | | website, is
included in the student handbook, and, where | 13 | | applicable,
posted where other policies, rules, and | 14 | | standards of
conduct are currently posted in the school | 15 | | and provided periodically throughout the school year to | 16 | | students and faculty, and is
distributed annually to | 17 | | parents, guardians, students, and
school personnel, | 18 | | including new employees when hired. | 19 | | (11) As part of the process of reviewing and | 20 | | re-evaluating the policy under subsection (d) of this | 21 | | Section, contains a policy evaluation process to assess | 22 | | the outcomes and effectiveness of the policy that | 23 | | includes, but is not limited to, factors such as the | 24 | | frequency of victimization; student, staff, and family | 25 | | observations of safety at a school; identification of | 26 | | areas of a school where bullying occurs; the types of |
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| 1 | | bullying utilized; and bystander intervention or | 2 | | participation. The school district, charter school, or | 3 | | non-public, non-sectarian elementary or secondary school | 4 | | may use relevant data and information it already collects | 5 | | for other purposes in the policy evaluation. The | 6 | | information developed as a result of the policy evaluation | 7 | | must be made available on the Internet website of the | 8 | | school district, charter school, or non-public, | 9 | | non-sectarian elementary or secondary school. If an | 10 | | Internet website is not available, the information must be | 11 | | provided to school administrators, school board members, | 12 | | school personnel, parents, guardians, and students. | 13 | | (12) Is consistent with the policies of the school | 14 | | board, charter school, or non-public, non-sectarian | 15 | | elementary or secondary school. | 16 | | (13) Requires all individual instances of bullying, as | 17 | | well as all threats, suggestions, or instances of | 18 | | self-harm determined to be the result of bullying, to be | 19 | | reported to the parents or legal guardians of those | 20 | | involved under the guidelines provided in paragraph (4) of | 21 | | this definition. | 22 | | (14) Includes a recommendation to seek free or | 23 | | cost-effective professional development and youth | 24 | | programming on bullying prevention that is consistent with | 25 | | the State Board of Education's recommendations for such | 26 | | training and that is research-based and addresses the |
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| 1 | | specific context of the school. | 2 | | "Restorative measures" means a continuum of school-based | 3 | | alternatives to exclusionary discipline, such as suspensions | 4 | | and expulsions, that: (i) are adapted to the particular needs | 5 | | of the school and community, (ii) contribute to maintaining | 6 | | school safety, (iii) protect the integrity of a positive and | 7 | | productive learning climate, (iv) teach students the personal | 8 | | and interpersonal skills they will need to be successful in | 9 | | school and society, (v) serve to build and restore | 10 | | relationships among students, families, schools, and | 11 | | communities, (vi) reduce the likelihood of future disruption | 12 | | by balancing accountability with an understanding of students' | 13 | | behavioral health needs in order to keep students in school, | 14 | | and (vii) increase student accountability if the incident of | 15 | | bullying is based on religion, race, ethnicity, or any other | 16 | | category that is identified in the Illinois Human Rights Act. | 17 | | "School personnel" means persons employed by, on contract | 18 | | with, or who volunteer in a school district, charter school, | 19 | | or non-public, non-sectarian elementary or secondary school, | 20 | | including without limitation school and school district | 21 | | administrators, teachers, school social workers, school | 22 | | counselors, school psychologists, school nurses, cafeteria | 23 | | workers, custodians, bus drivers, school resource officers, | 24 | | and security guards. | 25 | | (c) (Blank).
| 26 | | (d) Each school district, charter school, and non-public, |
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| 1 | | non-sectarian elementary or secondary school shall create, | 2 | | maintain, and implement a policy on bullying, which policy | 3 | | must be filed with the State Board of Education. The policy on | 4 | | bullying shall be based on the State Board of Education's | 5 | | template for a model bullying prevention policy under | 6 | | subsection (h) and shall include the criteria set forth in the | 7 | | definition of "policy on bullying". The policy or implementing | 8 | | procedure shall include a process to investigate whether a | 9 | | reported act of bullying is within the permissible scope of | 10 | | the district's or school's jurisdiction and shall require that | 11 | | the district or school provide the victim with information | 12 | | regarding services that are available within the district and | 13 | | community, such as counseling, support services, and other | 14 | | programs. School personnel available for help with a bully or | 15 | | to make a report about bullying shall be made known to parents | 16 | | or legal guardians, students, and school personnel. Every 2 | 17 | | years, each school district, charter school, and non-public, | 18 | | non-sectarian elementary or secondary school shall conduct a | 19 | | review and re-evaluation of its policy and make any necessary | 20 | | and appropriate revisions. No later than September 30 of the | 21 | | subject year, the policy must be filed with the State Board of | 22 | | Education after being updated. The State Board of Education | 23 | | shall monitor and provide technical support for the | 24 | | implementation of policies created under this subsection (d). | 25 | | In monitoring the implementation of the policies, the State | 26 | | Board of Education shall review each filed policy on bullying |
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| 1 | | to ensure all policies meet the requirements set forth in this | 2 | | Section, including ensuring that each policy meets the 12 | 3 | | criterion identified within the definition of "policy on | 4 | | bullying" set forth in this Section. | 5 | | If a school district, charter school, or non-public, | 6 | | non-sectarian elementary or secondary school fails to file a | 7 | | policy on bullying by September 30 of the subject year, the | 8 | | State Board of Education shall provide a written request for | 9 | | filing to the school district, charter school, or non-public, | 10 | | non-sectarian elementary or secondary school. If a school | 11 | | district, charter school, or non-public, non-sectarian | 12 | | elementary or secondary school fails to file a policy on | 13 | | bullying within 14 days of receipt of the aforementioned | 14 | | written request, the State Board of Education shall publish | 15 | | notice of the non-compliance on the State Board of Education's | 16 | | website. | 17 | | (e) This Section shall not be interpreted to prevent a | 18 | | victim from seeking redress under any other available civil or | 19 | | criminal law.
| 20 | | (f) School districts, charter schools, and non-public, | 21 | | non-sectarian elementary and secondary schools shall collect, | 22 | | maintain, and submit to the State Board of Education | 23 | | non-identifiable data regarding allegations and founded | 24 | | instances of bullying within the school district, charter | 25 | | school, or non-public, non-sectarian elementary or secondary | 26 | | school. School districts, charter schools, and non-public, |
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| 1 | | non-sectarian elementary and secondary schools must submit | 2 | | such data in an annual report due to the State Board of | 3 | | Education no later than August 15 of each year starting with | 4 | | the 2024-2025 school year. The State Board of Education shall | 5 | | adopt rules for the submission of data that includes, but is | 6 | | not limited to: (i) a record of each verified allegation of | 7 | | bullying and action taken; and (ii) whether the instance of | 8 | | bullying was based on actual or perceived characteristics | 9 | | identified in subsection (a) and, if so, lists the relevant | 10 | | characteristics. The rules for the submission of data shall be | 11 | | consistent with federal and State laws and rules governing | 12 | | student privacy rights, including, but not limited to, the | 13 | | federal Family Educational Rights and Privacy Act of 1974 and | 14 | | the Illinois School Student Records Act, which shall include, | 15 | | without limitation, a record of each complaint and action | 16 | | taken. The State Board of Education shall adopt rules | 17 | | regarding the notification of school districts, charter | 18 | | schools, and non-public, non-sectarian elementary and | 19 | | secondary schools that fail to comply with the requirements of | 20 | | this subsection. | 21 | | (g) Upon the request of a parent or legal guardian of a | 22 | | child enrolled in a school district, charter school, or | 23 | | non-public, non-sectarian elementary or secondary school | 24 | | within this State, the State Board of Education must provide | 25 | | non-identifiable data on the number of bullying allegations | 26 | | and incidents in a given year in the school district, charter |
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| 1 | | school, or non-public, non-sectarian elementary or secondary | 2 | | school to the requesting parent or legal guardian. The State | 3 | | Board of Education shall adopt rules regarding (i) the | 4 | | handling of such data, (ii) maintaining the privacy of the | 5 | | students and families involved, and (iii) best practices for | 6 | | sharing numerical data with parents and legal guardians. | 7 | | (h) The State Board of Education shall post on its | 8 | | Internet website a template for a model bullying prevention | 9 | | policy. The State Board of Education shall adopt rules to | 10 | | implement the provisions of this subsection. | 11 | | (i) The Illinois Bullying and Cyberbullying Prevention | 12 | | Fund is created as a special fund in the State treasury. Any | 13 | | moneys appropriated to the Fund may be used, subject to | 14 | | appropriation, by the State Board of Education for the | 15 | | purposes of subsection (j). | 16 | | (j) Subject to appropriation, the State Superintendent of | 17 | | Education may provide a grant to a school district, charter | 18 | | school, or non-public, non-sectarian elementary or secondary | 19 | | school to support its anti-bullying programming. Grants may be | 20 | | awarded from the Illinois Bullying and Cyberbullying | 21 | | Prevention Fund. School districts, charter schools, and | 22 | | non-public, non-sectarian elementary or secondary schools that | 23 | | are not in compliance with subsection (f) are not eligible to | 24 | | receive a grant from the Illinois Bullying and Cyberbullying | 25 | | Prevention Fund. | 26 | | (Source: P.A. 102-197, eff. 7-30-21; 102-241, eff. 8-3-21; |
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| 1 | | 102-813, eff. 5-13-22; 102-894, eff. 5-20-22.)".
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