| ||||
| Public Act 098-0801 | ||||
| ||||
| ||||
AN ACT concerning education.
| ||||
Be it enacted by the People of the State of Illinois,
| ||||
represented in the General Assembly:
| ||||
Section 5. The School Code is amended by changing Section | ||||
27-23.7 as follows: | ||||
(105 ILCS 5/27-23.7) | ||||
Sec. 27-23.7. Bullying prevention. | ||||
(a) The General Assembly finds that a safe and civil school | ||||
environment is necessary for students to learn and achieve and | ||||
that bullying causes physical, psychological, and emotional | ||||
harm to students and interferes with students' ability to learn | ||||
and participate in school activities. The General Assembly | ||||
further finds that bullying has been linked to other forms of | ||||
antisocial behavior, such as vandalism, shoplifting, skipping | ||||
and dropping out of school, fighting, using drugs and alcohol, | ||||
sexual harassment, and sexual violence. Because of the negative | ||||
outcomes associated with bullying in schools, the General | ||||
Assembly finds that school districts and non-public, | ||||
non-sectarian elementary and secondary schools should educate | ||||
students, parents, and school district or non-public, | ||||
non-sectarian elementary or secondary school personnel about | ||||
what behaviors constitute prohibited bullying. | ||||
Bullying on the basis of actual or perceived race, color, | ||||
religion, sex, national origin, ancestry, age, marital status, | ||
physical or mental disability, military status, sexual | ||
orientation, gender-related identity or expression, | ||
unfavorable discharge from military service, association with | ||
a person or group with one or more of the aforementioned actual | ||
or perceived characteristics, or any other distinguishing | ||
characteristic is prohibited in all school districts and | ||
non-public, non-sectarian elementary and secondary schools.
No | ||
student shall be subjected to bullying: | ||
(1) during any school-sponsored education program or | ||
activity; | ||
(2) while in school, on school property, on school | ||
buses or other school vehicles, at designated school bus | ||
stops waiting for the school bus, or at school-sponsored or | ||
school-sanctioned events or activities; or | ||
(3) through the transmission of information from a | ||
school computer, a school computer network, or other | ||
similar electronic school equipment; or . | ||
(4) through the transmission of information from a | ||
computer that is accessed at a nonschool-related location, | ||
activity, function, or program or from the use of | ||
technology or an electronic device that is not owned, | ||
leased, or used by a school district or school if the | ||
bullying causes a substantial disruption to the | ||
educational process or orderly operation of a school. This | ||
item (4) applies only in cases in which a school | ||
administrator or teacher receives a report that bullying | ||
through this means has occurred and does not require a | ||
district or school to staff or monitor any | ||
nonschool-related activity, function, or program. | ||
(b) In this Section:
| ||
"Bullying" includes "cyber-bullying" and means any severe | ||
or pervasive physical or verbal act or conduct, including | ||
communications made in writing or electronically, directed | ||
toward a student or students that has or can be reasonably | ||
predicted to have the effect of one or more of the following: | ||
(1) placing the student or students in reasonable fear | ||
of harm to the student's or students' person or property; | ||
(2) causing a substantially detrimental effect on the | ||
student's or students' physical or mental health; | ||
(3) substantially interfering with the student's or | ||
students' academic performance; or | ||
(4) substantially interfering with the student's or | ||
students' ability to participate in or benefit from the | ||
services, activities, or privileges provided by a school. | ||
Bullying, as defined in this subsection (b), may take | ||
various forms, including without limitation one or more of the | ||
following: harassment, threats, intimidation, stalking, | ||
physical violence, sexual harassment, sexual violence, theft, | ||
public humiliation, destruction of property, or retaliation | ||
for asserting or alleging an act of bullying. This list is | ||
meant to be illustrative and non-exhaustive. | ||
"Cyber-bullying" means bullying through the use of | ||
technology or any electronic communication, including without | ||
limitation any transfer of signs, signals, writing, images, | ||
sounds, data, or intelligence of any nature transmitted in | ||
whole or in part by a wire, radio, electromagnetic system, | ||
photoelectronic system, or photooptical system, including | ||
without limitation electronic mail, Internet communications, | ||
instant messages, or facsimile communications. | ||
"Cyber-bullying" includes the creation of a webpage or weblog | ||
in which the creator assumes the identity of another person or | ||
the knowing impersonation of another person as the author of | ||
posted content or messages if the creation or impersonation | ||
creates any of the effects enumerated in the definition of | ||
bullying in this Section. "Cyber-bullying" also includes the | ||
distribution by electronic means of a communication to more | ||
than one person or the posting of material on an electronic | ||
medium that may be accessed by one or more persons if the | ||
distribution or posting creates any of the effects enumerated | ||
in the definition of bullying in this Section. | ||
"School personnel" means persons employed by, on contract | ||
with, or who volunteer in a school district or non-public, | ||
non-sectarian elementary or secondary school, including | ||
without limitation school and school district administrators, | ||
teachers, school guidance counselors, school social workers, | ||
school counselors, school psychologists, school nurses, | ||
cafeteria workers, custodians, bus drivers, school resource | ||
officers, and security guards. | ||
(c) (Blank).
| ||
(d) Each school district and non-public, non-sectarian | ||
elementary or secondary school shall create and maintain a | ||
policy on bullying, which policy must be filed with the State | ||
Board of Education. The policy or implementing procedure shall | ||
include a process to investigate whether a reported act of | ||
bullying is within the permissible scope of the district's or | ||
school's jurisdiction and shall require that the district or | ||
school provide the victim with information regarding services | ||
that are available within the district and community, such as | ||
counseling, support services, and other programs. Each school | ||
district and non-public, non-sectarian elementary or secondary | ||
school must communicate its policy on bullying to its students | ||
and their parent or guardian on an annual basis. The policy | ||
must be updated every 2 years and filed with the State Board of | ||
Education after being updated. The State Board of Education | ||
shall monitor the implementation of policies created under this | ||
subsection (d). | ||
(e) This Section shall not be interpreted to prevent a | ||
victim from seeking redress under any other available civil or | ||
criminal law.
Nothing in this Section is intended to infringe | ||
upon any right to exercise free expression or the free exercise | ||
of religion or religiously based views protected under the | ||
First Amendment to the United States Constitution or under | ||
Section 3 or 4 of Article 1 of the Illinois Constitution. | ||
(Source: P.A. 95-198, eff. 1-1-08; 95-349, eff. 8-23-07; | ||
95-876, eff. 8-21-08; 96-952, eff. 6-28-10.)
| ||
Section 99. Effective date. This Act takes effect January | ||
1, 2015.
| ||