Public Act 100-0137
 
HB2950 EnrolledLRB100 10093 MLM 20266 b


  
    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, charter schools, and 
non-public, non-sectarian elementary and secondary schools 
should educate students, parents, and school district, charter 
school, 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, charter 
schools, 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;
        (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. 
    (a-5) 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 
of Article I of the Illinois Constitution. 
    (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. 
    "Policy on bullying" means a bullying prevention policy 
that meets the following criteria:
        (1) Includes the bullying definition provided in this 
    Section.
        (2) Includes a statement that bullying is contrary to 
    State law and the policy of the school district, charter 
    school,  or non-public, non-sectarian elementary or 
    secondary school and is consistent with subsection (a-5) of 
    this Section.
        (3) Includes procedures for promptly reporting 
    bullying, including, but not limited to, identifying and 
    providing the school e-mail address (if applicable) and 
    school telephone number for the staff person or persons 
    responsible for receiving such reports and a procedure for 
    anonymous reporting; however, this shall not be construed 
    to permit formal disciplinary action solely on the basis of 
    an anonymous report.
        (4) Consistent with federal and State laws and rules 
    governing student privacy rights, includes procedures for 
    promptly informing parents or guardians of all students 
    involved in the alleged incident of bullying and 
    discussing, as appropriate, the availability of social 
    work services, counseling, school psychological services, 
    other interventions, and restorative measures.
        (5) Contains procedures for promptly investigating and 
    addressing reports of bullying, including  the following:
            (A) Making all reasonable efforts to complete the 
        investigation within 10 school days  after the date the 
        report of the incident of bullying was received and 
        taking into consideration additional relevant 
        information received during the course of the 
        investigation about the reported incident of bullying.
            (B) Involving appropriate school support personnel 
        and other staff persons with knowledge, experience, 
        and training on bullying prevention, as deemed 
        appropriate, in the investigation process.
            (C) Notifying the principal or school 
        administrator or his or her designee of the report of 
        the incident of bullying as soon as possible after the 
        report is received.
            (D) Consistent with federal and State laws and 
        rules governing student privacy rights, providing 
        parents and guardians of the students who are parties 
        to the investigation information about the 
        investigation and an opportunity to meet with the 
        principal or school administrator or his or her 
        designee to discuss the investigation, the findings of 
        the investigation, and the actions taken to address the 
        reported incident of bullying.
        (6) Includes the interventions that can be taken to 
    address bullying, which may include, but are not limited 
    to, school social work services, restorative measures, 
    social-emotional skill building, counseling, school 
    psychological services, and community-based services.
        (7) Includes a statement prohibiting reprisal or 
    retaliation against any person who reports an act of 
    bullying and the consequences and appropriate remedial 
    actions for a person who engages in reprisal or 
    retaliation.
        (8) Includes consequences and appropriate remedial 
    actions for a person found to have falsely accused another 
    of bullying as a means of retaliation or  as a means of 
    bullying.
        (9)  Is based on the engagement of a range of school 
    stakeholders, including students and parents or guardians.
        (10) Is posted on the school district's, charter

    school's, or non-public, non-sectarian elementary or

    secondary school's existing Internet website, and is

    included in the student handbook, and, where applicable,

    posted where other policies, rules, and standards of

    conduct are currently posted in the school and provided 
    periodically throughout the school year to students and 
    faculty, and is
distributed annually to parents, 
    guardians, students, and
school personnel, including new 
    employees when hired.
        (11) As part of the process of reviewing and 
    re-evaluating the policy under subsection (d) of this 
    Section,  contains a policy evaluation process to assess the 
    outcomes and effectiveness of the policy  that includes, but 
    is not limited to, factors such as the frequency of 
    victimization; student, staff, and family observations of 
    safety at a school; identification of areas of a school 
    where bullying occurs; the types of bullying utilized; and 
    bystander intervention or participation.  The school 
    district, charter school, or non-public, non-sectarian 
    elementary or secondary school may use relevant data and 
    information it already collects for other purposes in the 
    policy evaluation.  The information developed as a result of 
    the policy evaluation must be made available on the 
    Internet website of the school district, charter school, or 
    non-public, non-sectarian elementary or secondary school.   
    If an Internet website is not available, the information 
    must be provided to school administrators, school board 
    members, school personnel, parents, guardians, and 
    students.
        (12) Is consistent with the policies of the school 
    board, charter school, or non-public, non-sectarian 
    elementary or secondary school.
    "Restorative measures" means a continuum of school-based 
alternatives to exclusionary discipline, such as suspensions 
and expulsions, that: (i) are adapted to the particular needs 
of the school and community, (ii) contribute to maintaining 
school safety, (iii) protect the integrity of a positive and 
productive learning climate, (iv) teach students the personal 
and interpersonal skills they will need to be successful in 
school and society, (v) serve to build and restore 
relationships among students, families, schools, and 
communities, and (vi) reduce the likelihood of future 
disruption by balancing accountability with an understanding 
of students' behavioral health needs in order to keep students 
in school. 
    "School personnel" means persons employed by, on contract 
with, or who volunteer in a school district, charter school, 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, charter school, and non-public, 
non-sectarian elementary or secondary school shall  create, 
maintain, and implement 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. School personnel available for help with a 
bully or to make a report about bullying shall be made known to 
parents or legal guardians, students, and school personnel. 
Every 2 years, each school district, charter school, and 
non-public, non-sectarian elementary or secondary school shall 
conduct a review and re-evaluation of its policy and make any 
necessary and appropriate revisions. The policy must be filed 
with the State Board of Education after being updated. The 
State Board of Education shall monitor and provide technical 
support for 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.

(Source: P.A. 98-669, eff. 6-26-14; 98-801, eff. 1-1-15; 99-78, 
eff. 7-20-15.)
 
 
    Section 99. Effective date. This Act takes effect upon 
becoming law. 
  


Effective Date:  8/18/2017