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| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB5427 Introduced , by Rep. John M. Cabello SYNOPSIS AS INTRODUCED:
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Amends the State Finance Act, the School Code, and the Board of Higher Education Act. Sets forth provisions concerning staff instruction in suicide prevention; an annual report on violence, vandalism, and harassment, intimidation, or bullying; a guidance document for student harassment, intimidation, and bullying complaints; an online tutorial on harassment, intimidation, and bullying; school board training on harassment, intimidation, and bullying; an educator licensure program on harassment, intimidation, and bullying prevention; the reporting, by school employees, of acts of violence, vandalism, and harassment, intimidation, or bullying; causes for suspension or expulsion of pupils; a school district policy and a public institution of higher education policy prohibiting harassment, intimidation, or bullying; a prohibition on reprisals, retaliation, and false accusations; the establishment of bullying prevention programs; the appointment of a school anti-bullying specialist and a district anti-bullying coordinator; the formation of school safety teams; the establishment of a formal protocol for investigating a complaint; and the creation of the Bullying Prevention Fund. Effective June 1, 2015.
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| | | FISCAL NOTE ACT MAY APPLY | | STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT |
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| 1 | | AN ACT concerning education.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The State Finance Act is amended by adding |
| 5 | | Section 5.855 as follows:
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| 6 | | (30 ILCS 105/5.855 new) |
| 7 | | Sec. 5.855. The Bullying Prevention Fund.
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| 8 | | Section 10. The School Code is amended by adding Sections |
| 9 | | 2-3.160, 2-3.165, 2-3.170, 2-3.175, 21B-28, 22-80.5, 22-80.10, |
| 10 | | 22-80.15, 22-80.20, 22-80.25, 22-80.30, 22-80.35, 22-80.40, |
| 11 | | 22-80.45, and 22-80.50 and by changing Sections 10-16a, |
| 12 | | 10-22.6, 27-23.7, 34-3.2, 34-18.7, and 34-19 as follows:
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| 13 | | (105 ILCS 5/2-3.160 new) |
| 14 | | Sec. 2-3.160. Instruction in suicide prevention for public |
| 15 | | school teaching staff. The State Board of Education, in |
| 16 | | consultation with the Illinois Suicide Prevention Alliance, |
| 17 | | shall, as part of professional development, require each public |
| 18 | | school teaching staff member to complete at least 2 hours of |
| 19 | | instruction in suicide prevention, to be provided by a licensed |
| 20 | | health care professional with training and experience in mental |
| 21 | | health issues, in each professional development period. The |
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| 1 | | instruction in suicide prevention shall include information on |
| 2 | | the relationship between the risk of suicide and incidents of |
| 3 | | harassment, intimidation, and bullying and information on |
| 4 | | reducing the risk of suicide in students who are members of |
| 5 | | communities identified as having members at high risk of |
| 6 | | suicide.
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| 7 | | (105 ILCS 5/2-3.165 new) |
| 8 | | Sec. 2-3.165. Report on violence, vandalism, and |
| 9 | | harassment, intimidation, or bullying in public schools. The |
| 10 | | State Board of Education shall, each year, submit a report to |
| 11 | | the General Assembly detailing the extent of violence, |
| 12 | | vandalism, and harassment, intimidation, or bullying in the |
| 13 | | public schools and making recommendations to alleviate the |
| 14 | | problem. The report shall be made available annually to the |
| 15 | | public no later than October 1 and shall be posted on the State |
| 16 | | Board of Education's Internet website.
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| 17 | | (105 ILCS 5/2-3.170 new) |
| 18 | | Sec. 2-3.170. Guidance document; student harassment, |
| 19 | | intimidation, and bullying complaints. |
| 20 | | (a) The State Board of Education, in consultation with the |
| 21 | | Department of Human Rights, shall develop a guidance document |
| 22 | | for use by parents or guardians, students, and school districts |
| 23 | | to assist in resolving complaints concerning student |
| 24 | | harassment, intimidation, or bullying behaviors and the |
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| 1 | | implementation of Sections 22-80.5 through 22-80.40 of this |
| 2 | | Code by school districts. The document shall include: |
| 3 | | (1) a school district's obligations under this |
| 4 | | amendatory Act of the 98th General Assembly; |
| 5 | | (2) best practices for the prevention, intervention, |
| 6 | | and remediation of harassment, intimidation, or bullying |
| 7 | | in schools, including methods to identify and assist |
| 8 | | student populations at high risk for harassment, |
| 9 | | intimidation, or bullying; |
| 10 | | (3) a clear explanation of the procedures for |
| 11 | | petitioning the State Superintendent of Education to hear |
| 12 | | and decide disputes; |
| 13 | | (4) a clear explanation of the Department of Human |
| 14 | | Rights' jurisdiction and services in regard to specific |
| 15 | | types of harassment, intimidation, or bullying; and |
| 16 | | (5) a clear explanation of the process for appealing |
| 17 | | final agency determinations. |
| 18 | | (b) The guidance document shall be available on the State |
| 19 | | Board of Education's and the Department of Human Rights' |
| 20 | | Internet websites and on every school district's Internet |
| 21 | | website at an easily accessible location.
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| 22 | | (105 ILCS 5/2-3.175 new) |
| 23 | | Sec. 2-3.175. Online tutorial on harassment, intimidation, |
| 24 | | and bullying. The State Superintendent of Education shall |
| 25 | | develop, in consultation with the Department of Human Rights, |
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| 1 | | and make available on the State Board of Education's Internet |
| 2 | | website an online tutorial on harassment, intimidation, and |
| 3 | | bullying. The online tutorial shall, at a minimum, include best |
| 4 | | practices in the prevention of harassment, intimidation, and |
| 5 | | bullying, applicable laws, and such other information that the |
| 6 | | State Superintendent of Education determines to be |
| 7 | | appropriate. The online tutorial shall be accompanied by a test |
| 8 | | to assess a person's understanding of the information provided |
| 9 | | in the tutorial.
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| 10 | | (105 ILCS 5/10-16a) |
| 11 | | Sec. 10-16a. School board member member's leadership |
| 12 | | training. |
| 13 | | (a) This Section applies to all school board members |
| 14 | | serving pursuant to Section 10-10 of this Code who have been |
| 15 | | elected after the effective date of this amendatory Act of the |
| 16 | | 97th General Assembly or appointed to fill a vacancy of at |
| 17 | | least one year's duration after the effective date of this |
| 18 | | amendatory Act of the 97th General Assembly. |
| 19 | | (b) Every voting member of a school board of a school |
| 20 | | district elected or appointed for a term beginning after the |
| 21 | | effective date of this amendatory Act of the 97th General |
| 22 | | Assembly, within a year after the effective date of this |
| 23 | | amendatory Act of the 97th General Assembly or the first year |
| 24 | | of his or her first term, shall complete a minimum of 4 hours |
| 25 | | of professional development leadership training covering |
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| 1 | | topics in education and labor law, financial oversight and |
| 2 | | accountability, and fiduciary responsibilities of a school |
| 3 | | board member. The school district shall maintain on its |
| 4 | | Internet website, if any, the names of all voting members of |
| 5 | | the school board who have successfully completed the training. |
| 6 | | (c) The training on financial oversight, accountability, |
| 7 | | and fiduciary responsibilities may be provided by an |
| 8 | | association established under this Code for the purpose of |
| 9 | | training school board members or by other qualified providers |
| 10 | | approved by the State Board of Education, in consultation with |
| 11 | | an association so established.
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| 12 | | (d) Each member of a school board shall receive training on |
| 13 | | harassment, intimidation, and bullying in schools. The |
| 14 | | training on harassment, intimidation, and bullying in schools |
| 15 | | shall be provided by the Illinois Association of School Boards, |
| 16 | | in consultation with recognized experts in school bullying from |
| 17 | | a cross section of academia, child advocacy organizations, |
| 18 | | nonprofit organizations, professional associations, and |
| 19 | | government agencies. |
| 20 | | (Source: P.A. 97-8, eff. 6-13-11.)
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| 21 | | (105 ILCS 5/10-22.6) (from Ch. 122, par. 10-22.6)
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| 22 | | Sec. 10-22.6. Suspension or expulsion of pupils; school |
| 23 | | searches.
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| 24 | | (a) To expel pupils guilty of gross disobedience or |
| 25 | | misconduct, including gross disobedience or misconduct |
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| 1 | | perpetuated by electronic means, and
no action shall lie |
| 2 | | against them for such expulsion. Expulsion shall
take place |
| 3 | | only after the parents have been requested to appear at a
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| 4 | | meeting of the board, or with a hearing officer appointed by |
| 5 | | it, to
discuss their child's behavior. Such request shall be |
| 6 | | made by registered
or certified mail and shall state the time, |
| 7 | | place and purpose of the
meeting. The board, or a hearing |
| 8 | | officer appointed by it, at such
meeting shall state the |
| 9 | | reasons for dismissal and the date on which the
expulsion is to |
| 10 | | become effective. If a hearing officer is appointed by
the |
| 11 | | board he shall report to the board a written summary of the |
| 12 | | evidence
heard at the meeting and the board may take such |
| 13 | | action thereon as it
finds appropriate. An expelled pupil may |
| 14 | | be immediately transferred to an alternative program in the |
| 15 | | manner provided in Article 13A or 13B of this Code. A pupil |
| 16 | | must not be denied transfer because of the expulsion, except in |
| 17 | | cases in which such transfer is deemed to cause a threat to the |
| 18 | | safety of students or staff in the alternative program.
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| 19 | | (b) To suspend or by policy to authorize the superintendent |
| 20 | | of
the district or the principal, assistant principal, or dean |
| 21 | | of students
of any school to suspend pupils guilty of gross |
| 22 | | disobedience or misconduct, or
to suspend pupils guilty of |
| 23 | | gross disobedience or misconduct on the school bus
from riding |
| 24 | | the school bus, and no action
shall lie against them for such |
| 25 | | suspension. The board may by policy
authorize the |
| 26 | | superintendent of the district or the principal, assistant
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| 1 | | principal, or dean of students of any
school to suspend pupils |
| 2 | | guilty of such acts for a period not to exceed
10 school days. |
| 3 | | If a pupil is suspended due to gross disobedience or misconduct
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| 4 | | on a school bus, the board may suspend the pupil in excess of |
| 5 | | 10
school
days for safety reasons. Any suspension shall be |
| 6 | | reported immediately to the
parents or guardian of such pupil |
| 7 | | along with a full statement of the
reasons for such suspension |
| 8 | | and a notice of their right to a review. The school board must |
| 9 | | be given a summary of the notice, including the reason for the |
| 10 | | suspension and the suspension length. Upon request of the
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| 11 | | parents or guardian the school board or a hearing officer |
| 12 | | appointed by
it shall review such action of the superintendent |
| 13 | | or principal, assistant
principal, or dean of students. At such
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| 14 | | review the parents or guardian of the pupil may appear and |
| 15 | | discuss the
suspension with the board or its hearing officer. |
| 16 | | If a hearing officer
is appointed by the board he shall report |
| 17 | | to the board a written summary
of the evidence heard at the |
| 18 | | meeting. After its hearing or upon receipt
of the written |
| 19 | | report of its hearing officer, the board may take such
action |
| 20 | | as it finds appropriate. A pupil who is suspended in excess of |
| 21 | | 20 school days may be immediately transferred to an alternative |
| 22 | | program in the manner provided in Article 13A or 13B of this |
| 23 | | Code. A pupil must not be denied transfer because of the |
| 24 | | suspension, except in cases in which such transfer is deemed to |
| 25 | | cause a threat to the safety of students or staff in the |
| 26 | | alternative program.
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| 1 | | (c) The Department of Human Services
shall be invited to |
| 2 | | send a representative to consult with the board at
such meeting |
| 3 | | whenever there is evidence that mental illness may be the
cause |
| 4 | | for expulsion or suspension.
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| 5 | | (d) The board may expel a student for a definite period of |
| 6 | | time not to
exceed 2 calendar years, as determined on a case by |
| 7 | | case basis.
A student who
is determined to have brought one of |
| 8 | | the following objects to school, any school-sponsored activity
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| 9 | | or event, or any activity or event that bears a reasonable |
| 10 | | relationship to school shall be expelled for a period of not |
| 11 | | less than
one year: |
| 12 | | (1) A firearm. For the purposes of this Section, |
| 13 | | "firearm" means any gun, rifle, shotgun, weapon as defined |
| 14 | | by Section 921 of Title 18 of the United States Code, |
| 15 | | firearm as defined in Section 1.1 of the Firearm Owners |
| 16 | | Identification Card Act, or firearm as defined in Section |
| 17 | | 24-1 of the Criminal Code of 2012. The expulsion period |
| 18 | | under this subdivision (1) may be modified by the |
| 19 | | superintendent, and the superintendent's determination may |
| 20 | | be modified by the board on a case-by-case basis. |
| 21 | | (2) A knife, brass knuckles or other knuckle weapon |
| 22 | | regardless of its composition, a billy club, or any other |
| 23 | | object if used or attempted to be used to cause bodily |
| 24 | | harm, including "look alikes" of any firearm as defined in |
| 25 | | subdivision (1) of this subsection (d). The expulsion |
| 26 | | requirement under this subdivision (2) may be modified by |
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| 1 | | the superintendent, and the superintendent's determination |
| 2 | | may be modified by the board on a case-by-case basis. |
| 3 | | Expulsion
or suspension
shall be construed in a
manner |
| 4 | | consistent with the Federal Individuals with Disabilities |
| 5 | | Education
Act. A student who is subject to suspension or |
| 6 | | expulsion as provided in this
Section may be eligible for a |
| 7 | | transfer to an alternative school program in
accordance with |
| 8 | | Article 13A of the School Code. The provisions of this
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| 9 | | subsection (d) apply in all school districts,
including special |
| 10 | | charter districts and districts organized under Article 34.
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| 11 | | (d-5) The board may suspend or by regulation
authorize the |
| 12 | | superintendent of the district or the principal, assistant
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| 13 | | principal, or dean of students of any
school to suspend a |
| 14 | | student for a period not to exceed
10 school days or may expel |
| 15 | | a student for a definite period of time not to
exceed 2 |
| 16 | | calendar years, as determined on a case by case basis, if (i) |
| 17 | | that student has been determined to have made an explicit |
| 18 | | threat on an Internet website against a school employee, a |
| 19 | | student, or any school-related personnel, (ii) the Internet |
| 20 | | website through which the threat was made is a site that was |
| 21 | | accessible within the school at the time the threat was made or |
| 22 | | was available to third parties who worked or studied within the |
| 23 | | school grounds at the time the threat was made, and (iii) the |
| 24 | | threat could be reasonably interpreted as threatening to the |
| 25 | | safety and security of the threatened individual because of his |
| 26 | | or her duties or employment status or status as a student |
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| 1 | | inside the school. The provisions of this
subsection (d-5) |
| 2 | | apply in all school districts,
including special charter |
| 3 | | districts and districts organized under Article 34 of this |
| 4 | | Code.
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| 5 | | (d-10) A student may also be suspended or expelled for |
| 6 | | those reasons specified under Section 22-80.15 of this Code. |
| 7 | | (e) To maintain order and security in the schools, school |
| 8 | | authorities may
inspect and search places and areas such as |
| 9 | | lockers, desks, parking lots, and
other school property and |
| 10 | | equipment owned or controlled by the school, as well
as |
| 11 | | personal effects left in those places and areas by students, |
| 12 | | without notice
to or the consent of the student, and without a |
| 13 | | search warrant. As a matter of
public policy, the General |
| 14 | | Assembly finds that students have no reasonable
expectation of |
| 15 | | privacy in these places and areas or in their personal effects
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| 16 | | left in these places and areas. School authorities may request |
| 17 | | the assistance
of law enforcement officials for the purpose of |
| 18 | | conducting inspections and
searches of lockers, desks, parking |
| 19 | | lots, and other school property and
equipment owned or |
| 20 | | controlled by the school for illegal drugs, weapons, or
other
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| 21 | | illegal or dangerous substances or materials, including |
| 22 | | searches conducted
through the use of specially trained dogs. |
| 23 | | If a search conducted in accordance
with this Section produces |
| 24 | | evidence that the student has violated or is
violating either |
| 25 | | the law, local ordinance, or the school's policies or rules,
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| 26 | | such evidence may be seized by school authorities, and |
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| 1 | | disciplinary action may
be taken. School authorities may also |
| 2 | | turn over such evidence to law
enforcement authorities. The |
| 3 | | provisions of this subsection (e) apply in all
school |
| 4 | | districts, including special charter districts and districts |
| 5 | | organized
under Article 34.
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| 6 | | (f) Suspension or expulsion may include suspension or |
| 7 | | expulsion from
school and all school activities and a |
| 8 | | prohibition from being present on school
grounds.
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| 9 | | (g) A school district may adopt a policy providing that if |
| 10 | | a student
is suspended or expelled for any reason from any |
| 11 | | public or private school
in this or any other state, the |
| 12 | | student must complete the entire term of
the suspension or |
| 13 | | expulsion in an alternative school program under Article 13A of |
| 14 | | this Code or an alternative learning opportunities program |
| 15 | | under Article 13B of this Code before being admitted into the |
| 16 | | school
district if there is no threat to the safety of students |
| 17 | | or staff in the alternative program. This subsection (g) |
| 18 | | applies to
all school districts, including special charter |
| 19 | | districts and districts
organized under Article 34 of this |
| 20 | | Code.
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| 21 | | (Source: P.A. 96-633, eff. 8-24-09; 96-998, eff. 7-2-10; |
| 22 | | 97-340, eff. 1-1-12; 97-495, eff. 1-1-12; 97-813, eff. 7-13-12; |
| 23 | | 97-1150, eff. 1-25-13.)
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| 24 | | (105 ILCS 5/21B-28 new) |
| 25 | | Sec. 21B-28. Harassment, intimidation, and bullying |
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| 1 | | prevention program and professional development required. |
| 2 | | (a) All candidates for professional educator licensure who |
| 3 | | have completed an approved educator preparation program shall |
| 4 | | satisfactorily complete a program on harassment, intimidation, |
| 5 | | and bullying prevention. |
| 6 | | (b) All candidates for educator licensure with |
| 7 | | stipulations with an alternative provisional educator |
| 8 | | endorsement shall, within one year of being employed, |
| 9 | | satisfactorily complete a program on harassment, intimidation, |
| 10 | | and bullying prevention. |
| 11 | | (c) All candidates for general administrative, principal, |
| 12 | | and superintendent endorsements shall have satisfactorily |
| 13 | | completed a program on harassment, intimidation, and bullying |
| 14 | | prevention. |
| 15 | | (d) The State Board of Education shall establish the |
| 16 | | appropriate requirements of the program on harassment, |
| 17 | | intimidation, and bullying prevention. |
| 18 | | (e) The State Board of Education shall, as part of the |
| 19 | | professional development for public school teachers, require |
| 20 | | each public school teacher to complete at least 2 hours of |
| 21 | | instruction on harassment, intimidation, or bullying |
| 22 | | prevention in each professional development period.
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| 23 | | (105 ILCS 5/22-80.5 new) |
| 24 | | Sec. 22-80.5. Harassment, intimidation, and bullying |
| 25 | | prevention requirements; application. |
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| 1 | | (a) Sections 22-80.10 through 22-80.50 of this Code apply |
| 2 | | only to public schools and school districts. Nonpublic schools |
| 3 | | are encouraged to comply with Sections 22-80.10 through |
| 4 | | 22-80.45 of this Code. In the case of a faith-based nonpublic |
| 5 | | school, no provision of this Section shall be interpreted to |
| 6 | | prohibit or abridge the legitimate statement, expression, or |
| 7 | | free exercise of the beliefs or tenets of that faith by the |
| 8 | | religious organization operating the school or by the school's |
| 9 | | faculty, staff, or student body. |
| 10 | | (b) Nothing contained in Sections 22-80.10 through |
| 11 | | 22-80.50 of this Code shall alter or reduce the rights of a |
| 12 | | student with a disability with regard to disciplinary actions |
| 13 | | or to general or special educational services and supports. |
| 14 | | (c) Nothing contained in Sections 22-80.10 through |
| 15 | | 22-80.50 of this Code shall be construed as affecting the |
| 16 | | provisions of any collective bargaining agreement or |
| 17 | | individual contract of employment in effect on the effective |
| 18 | | date of this amendatory Act of the 98th General Assembly.
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| 19 | | (105 ILCS 5/22-80.10 new) |
| 20 | | Sec. 22-80.10. Harassment, intimidation, and bullying |
| 21 | | prevention; reporting of acts by school employees. |
| 22 | | (a) Any school employee observing or having direct |
| 23 | | knowledge from a participant or victim of an act of violence, |
| 24 | | vandalism, or harassment, intimidation, or bullying shall, in |
| 25 | | accordance with standards established by the State |
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| 1 | | Superintendent of Education, file a report describing the |
| 2 | | incident to the school principal in a manner prescribed by the |
| 3 | | State Superintendent of Education, and a copy of the report |
| 4 | | shall be forwarded to the district superintendent. |
| 5 | | The principal shall notify the district superintendent of |
| 6 | | the action taken regarding the incident. Two times each school |
| 7 | | year, between September 1 and January 1 and between January 1 |
| 8 | | and June 30, at a public hearing, the superintendent shall |
| 9 | | report to the school board all acts of violence, vandalism, and |
| 10 | | harassment, intimidation, or bullying that occurred during the |
| 11 | | previous reporting period. The report shall include the number |
| 12 | | of reports of harassment, intimidation, or bullying, the status |
| 13 | | of all investigations, the nature of the bullying, the names of |
| 14 | | the investigators, the type and nature of any discipline |
| 15 | | imposed on any student engaged in harassment, intimidation, or |
| 16 | | bullying, and any other measures imposed, training conducted, |
| 17 | | or programs implemented to reduce harassment, intimidation, or |
| 18 | | bullying. The information shall also be reported once during |
| 19 | | each reporting period to the State Board of Education. The |
| 20 | | report must include data broken down by each school in the |
| 21 | | district, in addition to district-wide data. It shall be a |
| 22 | | violation to improperly release any confidential information |
| 23 | | not authorized by federal or State law for public release. |
| 24 | | (b) The report under subsection (a) of this Section shall |
| 25 | | be used to grade each school for the purpose of assessing its |
| 26 | | effort to implement policies and programs consistent with the |
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| 1 | | provisions of Sections 22-80.20 and 22-80.30 of this Code. The |
| 2 | | district shall receive a grade determined by averaging the |
| 3 | | grades of all the schools in the district. The State |
| 4 | | Superintendent of Education shall promulgate guidelines for a |
| 5 | | program to grade schools for the purposes of this Section. |
| 6 | | The grade received by a school and the district shall be |
| 7 | | posted on the homepage of the school's Internet website. The |
| 8 | | grade for the district and each school of the district shall be |
| 9 | | posted on the homepage of the district's Internet website. A |
| 10 | | link to the report shall be available on the district's |
| 11 | | Internet website. The information shall be posted on the |
| 12 | | Internet websites within 10 days after the receipt of a grade |
| 13 | | by the school and district. |
| 14 | | (c) Verification of the reports on violence, vandalism, and |
| 15 | | harassment, intimidation, or bullying shall be part of this |
| 16 | | State's monitoring of the school district, and the State Board |
| 17 | | of Education shall adopt rules that impose a penalty on a |
| 18 | | school employee who knowingly falsifies the report. A school |
| 19 | | board shall provide ongoing staff training, in cooperation with |
| 20 | | the State Board of Education, in fulfilling the reporting |
| 21 | | requirements pursuant to this Section. The majority |
| 22 | | representative of the school employees shall have access |
| 23 | | monthly to the number and disposition of all reported acts of |
| 24 | | school violence, vandalism, and harassment, intimidation, or |
| 25 | | bullying. |
| 26 | | (d) It shall be unlawful for any school board to discharge |
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| 1 | | or in any manner discriminate against a school employee as to |
| 2 | | his or her employment because the employee had filed a report |
| 3 | | pursuant to this Section. Any employee discriminated against |
| 4 | | shall be restored to his or her employment and shall be |
| 5 | | compensated by the school board for any loss of wages arising |
| 6 | | out of the discrimination; however, if the employee shall cease |
| 7 | | to be qualified to perform the duties of his or her employment, |
| 8 | | he or she shall not be entitled to restoration and |
| 9 | | compensation.
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| 10 | | (105 ILCS 5/22-80.15 new) |
| 11 | | Sec. 22-80.15. Harassment, intimidation, and bullying |
| 12 | | prevention; cause for suspension or expulsion of pupils. |
| 13 | | (a) In this Section: |
| 14 | | "Electronic communication" means a communication |
| 15 | | transmitted by means of an electronic device, including, but |
| 16 | | not limited to, a telephone, cellular phone, computer, or |
| 17 | | pager. |
| 18 | | "Harassment, intimidation, or bullying" means any gesture, |
| 19 | | any written, verbal, or physical act, or any electronic |
| 20 | | communication, whether it be a single incident or a series of |
| 21 | | incidents, that is reasonably perceived as being motivated |
| 22 | | either by any actual or perceived characteristic, such as race, |
| 23 | | color, religion, ancestry, national origin, gender, sexual |
| 24 | | orientation, gender identity and expression, or a mental, |
| 25 | | physical, or sensory disability, or by any other distinguishing |
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| 1 | | characteristic, that takes place on school property, at any |
| 2 | | school-sponsored function, on a school bus, or off school |
| 3 | | grounds, that substantially disrupts or interferes with the |
| 4 | | orderly operation of the school or the rights of other |
| 5 | | students, and that: |
| 6 | | (1) a reasonable person should know, under the |
| 7 | | circumstances, will have the effect of physically or |
| 8 | | emotionally harming a student or damaging the student's |
| 9 | | property or placing a student in reasonable fear of |
| 10 | | physical or emotional harm to his or her person or damage |
| 11 | | to his or her property; |
| 12 | | (2) has the effect of insulting or demeaning any |
| 13 | | student or group of students; or |
| 14 | | (3) creates a hostile educational environment for the |
| 15 | | student by interfering with a student's education or by |
| 16 | | severely or pervasively causing physical or emotional harm |
| 17 | | to the student. |
| 18 | | (b) Any pupil who is guilty of continued and willful |
| 19 | | disobedience or of open defiance of the authority of any |
| 20 | | teacher or person having authority over him or her or of the |
| 21 | | habitual use of profanity or of obscene language or who shall |
| 22 | | cut, deface, or otherwise injure any school property shall be |
| 23 | | liable to punishment and to suspension or expulsion from |
| 24 | | school. |
| 25 | | Conduct which shall constitute good cause for suspension or |
| 26 | | expulsion of a pupil guilty of such conduct shall include, but |
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| 1 | | not be limited to, any of the following: |
| 2 | | (1) Continued and willful disobedience. |
| 3 | | (2) Open defiance of the authority of any teacher or |
| 4 | | person having authority over him or her. |
| 5 | | (3) Conduct of such character as to constitute a |
| 6 | | continuing danger to the physical well-being of other |
| 7 | | pupils. |
| 8 | | (4) Physical assault upon another pupil. |
| 9 | | (5) Taking or attempting to take personal property or |
| 10 | | money from another pupil or from his or her presence by |
| 11 | | means of force or fear. |
| 12 | | (6) Willfully causing or attempting to cause |
| 13 | | substantial damage to school property. |
| 14 | | (7) Participation in an unauthorized occupancy by any |
| 15 | | group of pupils or others of any part of any school or |
| 16 | | other building owned by any school district, and failure to |
| 17 | | leave such school or other facility promptly after having |
| 18 | | been directed to do so by the principal or other person |
| 19 | | then in charge of such building or facility. |
| 20 | | (8) Incitement that is intended to and does result in |
| 21 | | unauthorized occupation by any group of pupils or others of |
| 22 | | any part of a school or other facility owned by any school |
| 23 | | district. |
| 24 | | (9) Incitement that is intended to and does result in |
| 25 | | truancy by other pupils. |
| 26 | | (10) Knowing possession or knowing consumption without |
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| 1 | | legal authority of alcoholic beverages or controlled |
| 2 | | dangerous substances on school premises or being under the |
| 3 | | influence of intoxicating liquor or controlled dangerous |
| 4 | | substances while on school premises. |
| 5 | | (11) Harassment, intimidation, or bullying.
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| 6 | | (105 ILCS 5/22-80.20 new) |
| 7 | | Sec. 22-80.20. Adoption of policy prohibiting harassment, |
| 8 | | intimidation, or bullying. |
| 9 | | (a) Each school district shall adopt a policy prohibiting |
| 10 | | harassment, intimidation, or bullying on school property, at a |
| 11 | | school-sponsored function, or on a school bus. The school |
| 12 | | district shall adopt the policy through a process that includes |
| 13 | | representation of parents or guardians, school employees, |
| 14 | | volunteers, students, administrators, and community |
| 15 | | representatives. |
| 16 | | (b) A school district shall have local control over the |
| 17 | | content of the policy, except that the policy shall contain, at |
| 18 | | a minimum, all of the following components: |
| 19 | | (1) A statement prohibiting harassment, intimidation |
| 20 | | or bullying of a student. |
| 21 | | (2) A definition of harassment, intimidation, or |
| 22 | | bullying no less inclusive than that set forth in Section |
| 23 | | 22-80.15 of this Code. |
| 24 | | (3) A description of the type of behavior expected from |
| 25 | | each student. |
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| 1 | | (4) Consequences and appropriate remedial action for a |
| 2 | | person who commits an act of harassment, intimidation, or |
| 3 | | bullying. |
| 4 | | (5) A procedure for reporting an act of harassment, |
| 5 | | intimidation, or bullying, including a provision that |
| 6 | | permits a person to report an act of harassment, |
| 7 | | intimidation, or bullying anonymously; however, this shall |
| 8 | | not be construed to permit formal disciplinary action |
| 9 | | solely on the basis of an anonymous report. All acts of |
| 10 | | harassment, intimidation, or bullying shall be reported |
| 11 | | verbally to the school principal on the same day when the |
| 12 | | school employee or contracted service provider witnessed |
| 13 | | or received reliable information regarding any such |
| 14 | | incident. The principal shall inform the parents or |
| 15 | | guardians of all students involved in the alleged incident |
| 16 | | and may discuss, as appropriate, the availability of |
| 17 | | counseling and other intervention services. All acts of |
| 18 | | harassment, intimidation, or bullying shall be reported in |
| 19 | | writing to the school principal within 2 school days of |
| 20 | | when the school employee or contracted service provider |
| 21 | | witnessed or received reliable information that a student |
| 22 | | had been subject to harassment, intimidation, or bullying. |
| 23 | | (6) A procedure for prompt investigation of reports of |
| 24 | | violations and complaints, which procedure shall, at a |
| 25 | | minimum, provide all of the following: |
| 26 | | (A) The investigation shall be initiated by the |
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| 1 | | principal or the principal's designee within one |
| 2 | | school day after the report of the incident and shall |
| 3 | | be conducted by a school anti-bullying specialist. The |
| 4 | | principal may appoint additional personnel who are not |
| 5 | | school anti-bullying specialists to assist in the |
| 6 | | investigation. The investigation shall be completed as |
| 7 | | soon as possible, but not later than 10 school days |
| 8 | | from the date of the written report of the incident of |
| 9 | | harassment, intimidation, or bullying. In the event |
| 10 | | that there is information relative to the |
| 11 | | investigation that is anticipated but not yet received |
| 12 | | by the end of the 10-day period, the school |
| 13 | | anti-bullying specialist may amend the original report |
| 14 | | of the results of the investigation to reflect the |
| 15 | | information. |
| 16 | | (B) The results of the investigation shall be |
| 17 | | reported to the district superintendent within 2 |
| 18 | | school days after the completion of the investigation, |
| 19 | | and, in accordance with rules adopted by the State |
| 20 | | Board of Education, the superintendent may decide to |
| 21 | | provide intervention services, establish training |
| 22 | | programs to reduce harassment, intimidation, or |
| 23 | | bullying and enhance school climate, impose |
| 24 | | discipline, order counseling as a result of the |
| 25 | | findings of the investigation, or take or recommend |
| 26 | | other appropriate action. |
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| 1 | | (C) The results of each investigation shall be |
| 2 | | reported to the school board no later than the date of |
| 3 | | the school board meeting next following the completion |
| 4 | | of the investigation, along with information on any |
| 5 | | services provided, training established, discipline |
| 6 | | imposed, or other action taken or recommended by the |
| 7 | | superintendent. |
| 8 | | (D) Parents or guardians of the students who are |
| 9 | | parties to the investigation shall be entitled to |
| 10 | | receive information about the investigation, in |
| 11 | | accordance with federal and State laws and rules, |
| 12 | | including the nature of the investigation, whether the |
| 13 | | district found evidence of harassment, intimidation, |
| 14 | | or bullying, or whether discipline was imposed or |
| 15 | | services provided to address the incident of |
| 16 | | harassment, intimidation, or bullying. This |
| 17 | | information shall be provided in writing within 5 |
| 18 | | school days after the results of the investigation are |
| 19 | | reported to the school board. A parent or guardian may |
| 20 | | request a hearing before the school board after |
| 21 | | receiving the information, and the hearing shall be |
| 22 | | held within 10 days after the request. The school board |
| 23 | | shall meet in executive session for the hearing to |
| 24 | | protect the confidentiality of the students. At the |
| 25 | | hearing, the school board may hear from the school |
| 26 | | anti-bullying specialist about the incident, |
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| 1 | | recommendations for discipline or services, and any |
| 2 | | programs instituted to reduce such incidents. |
| 3 | | (E) At the next school board meeting following its |
| 4 | | receipt of the report, the school board shall issue a |
| 5 | | decision, in writing, to affirm, reject, or modify the |
| 6 | | superintendent's decision. The school board's decision |
| 7 | | may be appealed to the State Superintendent of |
| 8 | | Education, in accordance with procedures set forth in |
| 9 | | laws and rules, no later than 90 days after the |
| 10 | | issuance of the school board's decision. |
| 11 | | (F) A parent, student, guardian, or organization |
| 12 | | may file a complaint with the Department of Human |
| 13 | | Rights within 180 days after the occurrence of any |
| 14 | | incident of harassment, intimidation, or bullying |
| 15 | | based on membership in a protected group. |
| 16 | | (7) The range of ways in which a school will respond |
| 17 | | once an incident of harassment, intimidation or bullying is |
| 18 | | identified, which shall be defined by the principal in |
| 19 | | conjunction with the school anti-bullying specialist, but |
| 20 | | shall include an appropriate combination of services that |
| 21 | | are available within the district, such as counseling, |
| 22 | | support services, intervention services, and other |
| 23 | | programs, as defined by the State Superintendent of |
| 24 | | Education. In the event that the necessary programs and |
| 25 | | services are not available within the district, the |
| 26 | | district may apply to the State Board of Education for a |
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| 1 | | grant from the Bullying Prevention Fund established |
| 2 | | pursuant to Section 22-80.50 of this Code to support the |
| 3 | | provision of out-of-district programs and services. |
| 4 | | (8) A statement that prohibits reprisal or retaliation |
| 5 | | against any person who reports an act of harassment, |
| 6 | | intimidation, or bullying and the consequence and |
| 7 | | appropriate remedial action for a person who engages in |
| 8 | | reprisal or retaliation. |
| 9 | | (9) Consequences and appropriate remedial action for a |
| 10 | | person found to have falsely accused another as a means of |
| 11 | | retaliation or as a means of harassment, intimidation, or |
| 12 | | bullying. |
| 13 | | (10) A statement of how the policy is to be publicized, |
| 14 | | including notice that the policy applies to participation |
| 15 | | in school-sponsored functions. |
| 16 | | (11) A requirement that a link to the policy be |
| 17 | | prominently posted on the home page of the school |
| 18 | | district's Internet website and distributed annually to |
| 19 | | parents and guardians who have children enrolled in a |
| 20 | | school in the school district. |
| 21 | | (12) A requirement that the name, school phone number, |
| 22 | | school address, and school e-mail address of the district |
| 23 | | anti-bullying coordinator be listed on the home page of the |
| 24 | | school district's Internet website and that on the home |
| 25 | | page of each school's Internet website the name, school |
| 26 | | phone number, school address, and school e-mail address of |
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| 1 | | the school anti-bullying specialist and the district |
| 2 | | anti-bullying coordinator be listed. The information |
| 3 | | concerning the district anti-bullying coordinator and the |
| 4 | | school anti-bullying specialists shall also be maintained |
| 5 | | on the State Board of Education's Internet website. |
| 6 | | (c) Information regarding the school district policy |
| 7 | | against harassment, intimidation, or bullying shall be |
| 8 | | incorporated into a school's employee training program and |
| 9 | | shall be provided to full-time and part-time staff, volunteers |
| 10 | | who have significant contact with students, and those persons |
| 11 | | contracted by the district to provide services to students. |
| 12 | | (d) The policy adopted by each school district pursuant to |
| 13 | | this Section shall include provisions for appropriate |
| 14 | | responses to harassment, intimidation, or bullying, as defined |
| 15 | | in Section 22-80.15 of this Code, that occurs off school |
| 16 | | grounds, in cases in which a school employee is made aware of |
| 17 | | such actions. The responses to harassment, intimidation, or |
| 18 | | bullying that occurs off school grounds shall be consistent |
| 19 | | with the school board's code of student conduct and other |
| 20 | | provisions of the school board's policy on harassment, |
| 21 | | intimidation, or bullying.
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| 22 | | (105 ILCS 5/22-80.25 new) |
| 23 | | Sec. 22-80.25. Victim of or witness to act of harassment, |
| 24 | | intimidation, or bullying; reprisal, retaliation, and false |
| 25 | | accusation prohibited. |
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| 1 | | (a) A member of a school board, school employee, student, |
| 2 | | or school volunteer may not engage in reprisal, retaliation, or |
| 3 | | false accusation against a victim, witness, or one with |
| 4 | | reliable information about an act of harassment, intimidation, |
| 5 | | or bullying. |
| 6 | | (b) A member of a school board, school employee, contracted |
| 7 | | service provider, student, or school volunteer who has |
| 8 | | witnessed or has reliable information that a student has been |
| 9 | | subject to harassment, intimidation, or bullying shall report |
| 10 | | the incident to the appropriate school official designated by |
| 11 | | the school district's policy under Section 22-80.20 of this |
| 12 | | Code or to any school administrator or safe schools resource |
| 13 | | officer, who shall immediately initiate the school district's |
| 14 | | procedures concerning school bullying. |
| 15 | | (c) A member of a school board or a school employee who |
| 16 | | promptly reports an incident of harassment, intimidation, or |
| 17 | | bullying to the appropriate school official designated by the |
| 18 | | school district's policy under Section 22-80.20 of this Code or |
| 19 | | to any school administrator or safe schools resource officer |
| 20 | | and who makes this report in compliance with the procedures in |
| 21 | | the district's policy is immune from a cause of action for |
| 22 | | damages arising from any failure to remedy the reported |
| 23 | | incident. |
| 24 | | (d) A school administrator who receives a report of |
| 25 | | harassment, intimidation, or bullying from a district employee |
| 26 | | and fails to initiate or conduct an investigation or who should |
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| 1 | | have known of an incident of harassment, intimidation, or |
| 2 | | bullying and fails to take sufficient action to minimize or |
| 3 | | eliminate the harassment, intimidation, or bullying may be |
| 4 | | subject to disciplinary action.
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| 5 | | (105 ILCS 5/22-80.30 new) |
| 6 | | Sec. 22-80.30. Establishment of bullying prevention |
| 7 | | programs. |
| 8 | | (a) Schools and school districts shall annually establish, |
| 9 | | implement, document, and assess bullying prevention programs |
| 10 | | or approaches and other initiatives involving school staff, |
| 11 | | students, administrators, school volunteers, parents, law |
| 12 | | enforcement, and community members. The programs or approaches |
| 13 | | shall be designed to create school-wide conditions to prevent |
| 14 | | and address harassment, intimidation, and bullying. |
| 15 | | A school district may implement bullying prevention |
| 16 | | programs and approaches that may be available at no cost from |
| 17 | | the State Board of Education or any other entity. A school |
| 18 | | district may, at its own discretion, implement bullying |
| 19 | | prevention programs and approaches that impose a cost on the |
| 20 | | district.
A school district may apply to the State Board of |
| 21 | | Education for a grant to be used for programs, approaches, or |
| 22 | | personnel under this Section, to the extent funds are |
| 23 | | appropriated for these purposes or funds are made available |
| 24 | | through the Bullying Prevention Fund established pursuant to |
| 25 | | Section 22-80.50 of this Code. A school district may make an |
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| 1 | | application for a grant only after exploring bullying |
| 2 | | prevention programs and approaches that are available at no |
| 3 | | cost and making an affirmative demonstration of that |
| 4 | | exploration in its grant application. |
| 5 | | (b) A school district shall: |
| 6 | | (1) provide training on the school district's |
| 7 | | harassment, intimidation, or bullying policies to school |
| 8 | | employees and volunteers who have significant contact with |
| 9 | | students; |
| 10 | | (2) ensure that the training includes instruction on |
| 11 | | preventing bullying on the basis of protected categories |
| 12 | | and other distinguishing characteristics that may incite |
| 13 | | incidents of discrimination, harassment, intimidation, or |
| 14 | | bullying; and |
| 15 | | (3) develop a process for discussing the district's |
| 16 | | harassment, intimidation, or bullying policy with |
| 17 | | students. |
| 18 | | A school district may satisfy the training required |
| 19 | | pursuant to this subsection (b) by utilizing training that may |
| 20 | | be provided at no cost by the State Board of Education or any |
| 21 | | other entity. A school district may, at its own discretion, |
| 22 | | implement a training program that imposes a cost on the |
| 23 | | district.
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| 24 | | (105 ILCS 5/22-80.35 new) |
| 25 | | Sec. 22-80.35. School anti-bullying specialists and |
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| 1 | | coordinators. |
| 2 | | (a) The principal in each school in a school district shall |
| 3 | | appoint a school anti-bullying specialist. When a school |
| 4 | | guidance counselor, school psychologist, or another individual |
| 5 | | similarly trained is currently employed in the school, the |
| 6 | | principal shall appoint that individual to be the school |
| 7 | | anti-bullying specialist. If no individual meeting this |
| 8 | | criteria is currently employed in the school, the principal |
| 9 | | shall appoint a school anti-bullying specialist from currently |
| 10 | | employed school personnel. The school anti-bullying specialist |
| 11 | | shall: |
| 12 | | (1) chair the school safety team as provided in Section |
| 13 | | 22-80.40 of this Code; |
| 14 | | (2) lead the investigation of incidents of harassment, |
| 15 | | intimidation, and bullying in the school; and |
| 16 | | (3) act as the primary school official responsible for |
| 17 | | preventing, identifying, and addressing incidents of |
| 18 | | harassment, intimidation, and bullying in the school. |
| 19 | | (b) The district superintendent shall appoint a district |
| 20 | | anti-bullying coordinator. The superintendent shall make every |
| 21 | | effort to appoint an employee of the school district to this |
| 22 | | position. The district anti-bullying coordinator shall: |
| 23 | | (1) be responsible for coordinating and strengthening |
| 24 | | the school district's policies to prevent, identify, and |
| 25 | | address harassment, intimidation, and bullying of |
| 26 | | students; |
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| 1 | | (2) collaborate with school anti-bullying specialists |
| 2 | | in the district, the school board, and the superintendent |
| 3 | | of schools to prevent, identify, and respond to harassment, |
| 4 | | intimidation, and bullying of students in the district; |
| 5 | | (3) provide data, in collaboration with the |
| 6 | | superintendent, to the State Board of Education regarding |
| 7 | | harassment, intimidation, and bullying of students; and |
| 8 | | (4) execute such other duties related to school |
| 9 | | harassment, intimidation, and bullying as requested by the |
| 10 | | superintendent. |
| 11 | | (c) The district anti-bullying coordinator shall meet at |
| 12 | | least twice a school year with the school anti-bullying |
| 13 | | specialists in the district to discuss and strengthen |
| 14 | | procedures and policies to prevent, identify, and address |
| 15 | | harassment, intimidation, and bullying in the district. |
| 16 | | (d) The State Superintendent of Education, in consultation |
| 17 | | with recognized experts in school bullying from a cross section |
| 18 | | of academia, child advocacy organizations, nonprofit |
| 19 | | organizations, professional associations, and government |
| 20 | | agencies, shall establish inservice workshops and training |
| 21 | | programs to train selected public school employees to act as |
| 22 | | district anti-bullying coordinators and school anti-bullying |
| 23 | | specialists. The State Superintendent of Education shall seek |
| 24 | | to make the workshops and training programs available and |
| 25 | | administered online through the State Board of Education's |
| 26 | | Internet website or other existing online resources. The State |
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| 1 | | Superintendent of Education shall evaluate the effectiveness |
| 2 | | of the consulting group on an annual basis. The inservice |
| 3 | | training programs may utilize regional offices of education or |
| 4 | | such other institutions, agencies, or persons as the State |
| 5 | | Superintendent of Education deems appropriate. Each school |
| 6 | | board shall provide time for the inservice training during the |
| 7 | | usual school schedule in order to ensure that appropriate |
| 8 | | personnel are prepared to act in the district as district |
| 9 | | anti-bullying coordinators and school anti-bullying |
| 10 | | specialists. |
| 11 | | Upon completion of the initial inservice training program, |
| 12 | | the State Superintendent of Education shall ensure that |
| 13 | | programs and workshops that reflect the most current |
| 14 | | information on harassment, intimidation, and bullying in |
| 15 | | schools are prepared and made available to district |
| 16 | | anti-bullying coordinators and school anti-bullying |
| 17 | | specialists at regular intervals.
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| 18 | | (105 ILCS 5/22-80.40 new) |
| 19 | | Sec. 22-80.40. School safety teams. |
| 20 | | (a) A school district shall form a school safety team in |
| 21 | | each school in the district to develop, foster, and maintain a |
| 22 | | positive school climate by focusing on the on-going, systemic |
| 23 | | process and practices in the school and to address school |
| 24 | | climate issues such as harassment, intimidation, or bullying. A |
| 25 | | school safety team shall meet at least 2 times per school year. |
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| 1 | | (b) A school safety team shall consist of the principal or |
| 2 | | his or her designee, who, if possible, shall be a senior |
| 3 | | administrator in the school, and the following appointees of |
| 4 | | the principal: |
| 5 | | (1) a teacher in the school; |
| 6 | | (2) a school anti-bullying specialist; |
| 7 | | (3) a parent of a student in the school; and |
| 8 | | (4) other members to be determined by the principal. |
| 9 | | The school anti-bullying specialist shall serve as the |
| 10 | | chairperson of the school safety team. |
| 11 | | (c) The school safety team shall: |
| 12 | | (1) receive any complaints of harassment, |
| 13 | | intimidation, or bullying of students that have been |
| 14 | | reported to the principal; |
| 15 | | (2) receive copies of any report prepared after an |
| 16 | | investigation of an incident of harassment, intimidation, |
| 17 | | or bullying; |
| 18 | | (3) identify and address patterns of harassment, |
| 19 | | intimidation, or bullying of students in the school; |
| 20 | | (4) review and strengthen the school climate and the |
| 21 | | policies of the school in order to prevent and address |
| 22 | | harassment, intimidation, or bullying of students; |
| 23 | | (5) educate the community, including students, |
| 24 | | teachers, administrative staff, and parents, to prevent |
| 25 | | and address harassment, intimidation, or bullying of |
| 26 | | students; |
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| 1 | | (6) participate in the training required pursuant to |
| 2 | | Section 22-80.35 of this Code and other training that the |
| 3 | | principal or the district anti-bullying coordinator may |
| 4 | | request; |
| 5 | | (7) collaborate with the district anti-bullying |
| 6 | | coordinator in the collection of district-wide data and in |
| 7 | | the development of district policies to prevent and address |
| 8 | | harassment, intimidation, or bullying of students; and |
| 9 | | (8) execute such other duties related to harassment, |
| 10 | | intimidation, and bullying as requested by the principal or |
| 11 | | district anti-bullying coordinator. |
| 12 | | (d) The members of a school safety team shall be provided |
| 13 | | professional development opportunities that address effective |
| 14 | | practices of successful school climate programs or approaches. |
| 15 | | (e) Notwithstanding any provision of this Section to the |
| 16 | | contrary, a parent who is a member of the school safety team |
| 17 | | shall not participate in the activities of the team set forth |
| 18 | | in subdivisions (1), (2), or (3) of subsection (c) of this |
| 19 | | Section or any other activities of the team that may compromise |
| 20 | | the confidentiality of a student.
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| 21 | | (105 ILCS 5/22-80.45 new) |
| 22 | | Sec. 22-80.45. Harassment, intimidation, and bullying |
| 23 | | prevention; establishment of formal protocol for investigating |
| 24 | | a complaint. |
| 25 | | (a) The State Superintendent of Education shall establish a |
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| 1 | | formal protocol pursuant to which the regional superintendent |
| 2 | | of schools shall investigate a complaint that documents an |
| 3 | | allegation of a violation of any of the provisions of Sections |
| 4 | | 22-80.10 through 22-80.40 of this Code by a school district |
| 5 | | located within the educational service region if the complaint |
| 6 | | has not been adequately addressed on the local level. The |
| 7 | | regional superintendent of schools shall report his or her |
| 8 | | findings and, if appropriate, issue an order for the school |
| 9 | | district to develop and implement corrective actions that are |
| 10 | | specific to the facts of the case. |
| 11 | | (b) The State Superintendent of Education shall ensure that |
| 12 | | the personnel of regional offices of education who are |
| 13 | | responsible for conducting the investigations receive training |
| 14 | | and technical support on the use of the complaint investigation |
| 15 | | protocol.
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| 16 | | (105 ILCS 5/22-80.50 new) |
| 17 | | Sec. 22-80.50. Bullying Prevention Fund. The Bullying |
| 18 | | Prevention Fund is created as a special fund in the State |
| 19 | | treasury. All money in the Fund shall be used, subject to |
| 20 | | appropriation, by the State Board of Education to offer grants |
| 21 | | to school districts to provide training on harassment, |
| 22 | | intimidation, and bullying prevention and on the effective |
| 23 | | creation of positive school climates and to help fund related |
| 24 | | personnel expenses. The Fund shall consist of (i) any moneys |
| 25 | | appropriated by this State for the purposes of the Fund, (ii) |
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| 1 | | any moneys donated for the purposes of the Fund, and (iii) all |
| 2 | | interest earnings received on moneys in the fund.
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| 3 | | (105 ILCS 5/27-23.7) |
| 4 | | Sec. 27-23.7. Bullying prevention. |
| 5 | | (a) The General Assembly finds that a safe and civil school |
| 6 | | environment is necessary for students to learn and achieve and |
| 7 | | that bullying causes physical, psychological, and emotional |
| 8 | | harm to students and interferes with students' ability to learn |
| 9 | | and participate in school activities. The General Assembly |
| 10 | | further finds that bullying has been linked to other forms of |
| 11 | | antisocial behavior, such as vandalism, shoplifting, skipping |
| 12 | | and dropping out of school, fighting, using drugs and alcohol, |
| 13 | | sexual harassment, and sexual violence. Because of the negative |
| 14 | | outcomes associated with bullying in schools, the General |
| 15 | | Assembly finds that school districts and non-public, |
| 16 | | non-sectarian elementary and secondary schools should educate |
| 17 | | students, parents, and school district or non-public, |
| 18 | | non-sectarian elementary or secondary school personnel about |
| 19 | | what behaviors constitute prohibited bullying. |
| 20 | | Bullying on the basis of actual or perceived race, color, |
| 21 | | religion, sex, national origin, ancestry, age, marital status, |
| 22 | | physical or mental disability, military status, sexual |
| 23 | | orientation, gender-related identity or expression, |
| 24 | | unfavorable discharge from military service, association with |
| 25 | | a person or group with one or more of the aforementioned actual |
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| 1 | | or perceived characteristics, or any other distinguishing |
| 2 | | characteristic is prohibited in all school districts and |
| 3 | | non-public, non-sectarian elementary and secondary schools.
No |
| 4 | | student shall be subjected to bullying: |
| 5 | | (1) during any school-sponsored education program or |
| 6 | | activity; |
| 7 | | (2) while in school, on school property, on school |
| 8 | | buses or other school vehicles, at designated school bus |
| 9 | | stops waiting for the school bus, or at school-sponsored or |
| 10 | | school-sanctioned events or activities; or |
| 11 | | (3) through the transmission of information from a |
| 12 | | school computer, a school computer network, or other |
| 13 | | similar electronic school equipment. |
| 14 | | (b) In this Section:
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| 15 | | "Bullying" means any severe or pervasive physical or verbal |
| 16 | | act or conduct, including communications made in writing or |
| 17 | | electronically, directed toward a student or students that has |
| 18 | | or can be reasonably predicted to have the effect of one or |
| 19 | | more of the following: |
| 20 | | (1) placing the student or students in reasonable fear |
| 21 | | of harm to the student's or students' person or property; |
| 22 | | (2) causing a substantially detrimental effect on the |
| 23 | | student's or students' physical or mental health; |
| 24 | | (3) substantially interfering with the student's or |
| 25 | | students' academic performance; or |
| 26 | | (4) substantially interfering with the student's or |
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| 1 | | students' ability to participate in or benefit from the |
| 2 | | services, activities, or privileges provided by a school. |
| 3 | | Bullying, as defined in this subsection (b), may take |
| 4 | | various forms, including without limitation one or more of the |
| 5 | | following: harassment, threats, intimidation, stalking, |
| 6 | | physical violence, sexual harassment, sexual violence, theft, |
| 7 | | public humiliation, destruction of property, or retaliation |
| 8 | | for asserting or alleging an act of bullying. This list is |
| 9 | | meant to be illustrative and non-exhaustive. |
| 10 | | "School personnel" means persons employed by, on contract |
| 11 | | with, or who volunteer in a school district or non-public, |
| 12 | | non-sectarian elementary or secondary school, including |
| 13 | | without limitation school and school district administrators, |
| 14 | | teachers, school guidance counselors, school social workers, |
| 15 | | school counselors, school psychologists, school nurses, |
| 16 | | cafeteria workers, custodians, bus drivers, school resource |
| 17 | | officers, and security guards. |
| 18 | | (c) (Blank).
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| 19 | | (d) Each school district and non-public, non-sectarian |
| 20 | | elementary or secondary school shall create and maintain a |
| 21 | | policy on bullying, which policy must be filed with the State |
| 22 | | Board of Education. A school district must comply with Section |
| 23 | | 22-80.20 of this Code with respect to this policy on bullying. |
| 24 | | Each school district and non-public, non-sectarian elementary |
| 25 | | or secondary school must communicate its policy on bullying to |
| 26 | | its students and their parent or guardian on an annual basis. |
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| 1 | | The policy must be updated every 2 years and filed with the |
| 2 | | State Board of Education after being updated. The State Board |
| 3 | | of Education shall monitor the implementation of policies |
| 4 | | created under this subsection (d). |
| 5 | | (e) This Section shall not be interpreted to prevent a |
| 6 | | victim from seeking redress under any other available civil or |
| 7 | | criminal law.
Nothing in this Section is intended to infringe |
| 8 | | upon any right to exercise free expression or the free exercise |
| 9 | | of religion or religiously based views protected under the |
| 10 | | First Amendment to the United States Constitution or under |
| 11 | | Section 3 or 4 of Article 1 of the Illinois Constitution. |
| 12 | | (Source: P.A. 95-198, eff. 1-1-08; 95-349, eff. 8-23-07; |
| 13 | | 95-876, eff. 8-21-08; 96-952, eff. 6-28-10.)
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| 14 | | (105 ILCS 5/34-3.2) (from Ch. 122, par. 34-3.2)
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| 15 | | Sec. 34-3.2. Board training. |
| 16 | | (a) After January 1, 1990 all board members
shall |
| 17 | | participate in training provided by board employees or
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| 18 | | not-for-profit organizations, including without limitation the |
| 19 | | following:
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| 20 | | 1. budget and revenue review;
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| 21 | | 2. education theory and governance;
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| 22 | | 3. governmental relations;
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| 23 | | 4. school-based management; and
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| 24 | | 5. State and federal education law and regulations.
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| 25 | | (b) Each member of the board shall receive training on |
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| 1 | | harassment, intimidation, and bullying in schools. The |
| 2 | | training on harassment, intimidation, and bullying in schools |
| 3 | | shall be provided by the Illinois Association of School Boards, |
| 4 | | in consultation with recognized experts in school bullying from |
| 5 | | a cross section of academia, child advocacy organizations, |
| 6 | | nonprofit organizations, professional associations, and |
| 7 | | government agencies. |
| 8 | | (Source: P.A. 85-1418; 86-1477.)
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| 9 | | (105 ILCS 5/34-18.7) (from Ch. 122, par. 34-18.7) |
| 10 | | Sec. 34-18.7. Adolescent and teen mental illness and |
| 11 | | suicide detection and intervention.
School guidance |
| 12 | | counselors, teachers, school social workers, and other school |
| 13 | | personnel who work
with pupils in grades 7 through 12 shall be |
| 14 | | trained to identify the warning
signs of mental illness and |
| 15 | | suicidal behavior in adolescents and teens and shall be taught
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| 16 | | various intervention techniques. Such training shall be |
| 17 | | provided within
the framework of existing in-service training |
| 18 | | programs offered by the Board or as part of the professional |
| 19 | | development required under Section 2-3.160 of this Code or the |
| 20 | | professional development activities required under Section |
| 21 | | 21B-45 21-14 of this Code. |
| 22 | | (Source: P.A. 98-471, eff. 1-1-14.)
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| 23 | | (105 ILCS 5/34-19) (from Ch. 122, par. 34-19) |
| 24 | | Sec. 34-19. By-laws, rules and regulations; business |
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| 1 | | transacted at
regular meetings; voting; records. The board |
| 2 | | shall, subject to the limitations
in this Article, establish |
| 3 | | by-laws, rules and regulations, which shall have the
force of |
| 4 | | ordinances, for the proper maintenance of a uniform system of
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| 5 | | discipline for both employees and pupils, and for the entire |
| 6 | | management of the
schools, and may fix the school age of |
| 7 | | pupils, the minimum of which in
kindergartens shall not be |
| 8 | | under 4 years, except that, based upon an assessment of the |
| 9 | | child's readiness, children who have attended a non-public |
| 10 | | preschool and continued their education at that school through |
| 11 | | kindergarten, were taught in kindergarten by an appropriately |
| 12 | | certified teacher, and will attain the age of 6 years on or |
| 13 | | before December 31 of the year of the 2009-2010 school term and |
| 14 | | each school term thereafter may attend first grade upon |
| 15 | | commencement of such term, and in grade schools shall not be
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| 16 | | under 6 years. It may expel, suspend or, subject to the |
| 17 | | limitations of all
policies established or adopted under |
| 18 | | Section 14-8.05, otherwise discipline any
pupil found guilty of |
| 19 | | gross disobedience, misconduct or other violation of the
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| 20 | | by-laws, rules and regulations, including gross disobedience |
| 21 | | or misconduct perpetuated by electronic means or for those |
| 22 | | reasons specified under Section 22-80.15 of this Code. An |
| 23 | | expelled pupil may be immediately transferred to an alternative |
| 24 | | program in the manner provided in Article 13A or 13B of this |
| 25 | | Code. A pupil must not be denied transfer because of the |
| 26 | | expulsion, except in cases in which such transfer is deemed to |
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| 1 | | cause a threat to the safety of students or staff in the |
| 2 | | alternative program. A pupil who is suspended in excess of 20 |
| 3 | | school days may be immediately transferred to an alternative |
| 4 | | program in the manner provided in Article 13A or 13B of this |
| 5 | | Code. A pupil must not be denied transfer because of the |
| 6 | | suspension, except in cases in which such transfer is deemed to |
| 7 | | cause a threat to the safety of students or staff in the |
| 8 | | alternative program. The bylaws, rules and regulations of the |
| 9 | | board
shall be enacted, money shall be appropriated or |
| 10 | | expended, salaries shall be
fixed or changed, and textbooks, |
| 11 | | electronic textbooks, and courses of instruction shall be |
| 12 | | adopted or
changed only at the regular meetings of the board |
| 13 | | and by a vote of a
majority of the full membership of the |
| 14 | | board; provided that
notwithstanding any other provision of |
| 15 | | this Article or the School Code,
neither the board or any local |
| 16 | | school council may purchase any textbook for use in any public |
| 17 | | school of the
district from any textbook publisher that fails |
| 18 | | to furnish any computer
diskettes as required under Section |
| 19 | | 28-21. Funds appropriated for textbook purchases must be |
| 20 | | available for electronic textbook purchases and the |
| 21 | | technological equipment necessary to gain access to and use |
| 22 | | electronic textbooks at the local school council's discretion. |
| 23 | | The board shall be further
encouraged to provide opportunities |
| 24 | | for public hearing and testimony before
the adoption of bylaws, |
| 25 | | rules and regulations. Upon all propositions
requiring for |
| 26 | | their adoption at least a majority of all the members of the
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| 1 | | board the yeas and nays shall be taken and reported. The |
| 2 | | by-laws, rules and
regulations of the board shall not be |
| 3 | | repealed, amended or added to, except
by a vote of 2/3 of the |
| 4 | | full membership of the board. The board shall keep
a record of |
| 5 | | all its proceedings. Such records and all
by-laws, rules and |
| 6 | | regulations, or parts thereof, may be proved by a copy
thereof |
| 7 | | certified to be such by the secretary of the board, but if they |
| 8 | | are
printed in book or pamphlet form which are purported to be |
| 9 | | published by
authority of the board they need not be otherwise |
| 10 | | published and the book or
pamphlet shall be received as |
| 11 | | evidence, without further proof, of the
records, by-laws, rules |
| 12 | | and regulations, or any part thereof, as of the
dates thereof |
| 13 | | as shown in such book or pamphlet, in all courts and places
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| 14 | | where judicial proceedings are had. |
| 15 | | Notwithstanding any other provision in this Article or in |
| 16 | | the School
Code, the board may delegate to the general |
| 17 | | superintendent or to the
attorney the authorities granted to |
| 18 | | the board in the School Code, provided
such delegation and |
| 19 | | appropriate oversight procedures are made pursuant to
board |
| 20 | | by-laws, rules and regulations, adopted as herein provided, |
| 21 | | except that
the board may not delegate its authorities and |
| 22 | | responsibilities regarding (1)
budget approval obligations; |
| 23 | | (2) rule-making functions; (3) desegregation
obligations; (4) |
| 24 | | real estate acquisition, sale or lease in excess of 10 years
as |
| 25 | | provided in Section 34-21; (5) the levy of taxes; or (6) any |
| 26 | | mandates
imposed upon the board by "An Act in relation to |
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| 1 | | school reform in cities over
500,000, amending Acts herein |
| 2 | | named", approved December 12, 1988 (P.A.
85-1418). |
| 3 | | (Source: P.A. 96-864, eff. 1-21-10; 96-1403, eff. 7-29-10; |
| 4 | | 97-340, eff. 1-1-12; 97-495, eff. 1-1-12; 97-813, eff. |
| 5 | | 7-13-12.)
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| 6 | | Section 15. The Board of Higher Education Act is amended by |
| 7 | | adding Section 9.34 as follows:
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| 8 | | (110 ILCS 205/9.34 new) |
| 9 | | Sec. 9.34. Require adoption of policy prohibiting |
| 10 | | harassment, intimidation, or bullying. |
| 11 | | (a) The Board shall require all public institutions of |
| 12 | | higher education to adopt a policy, to be included in their |
| 13 | | student code of conduct, prohibiting harassment, intimidation, |
| 14 | | or bullying. The policy shall contain, at a minimum, all of the |
| 15 | | following: |
| 16 | | (1) A statement prohibiting harassment, intimidation, |
| 17 | | or bullying. |
| 18 | | (2) Disciplinary actions that may result if a student |
| 19 | | commits an act of harassment, intimidation, or bullying. |
| 20 | | (3) A definition of harassment, intimidation, or |
| 21 | | bullying that, at a minimum, includes any gesture, any |
| 22 | | written, verbal, or physical act, or any electronic |
| 23 | | communication, whether it be a single incident or a series |
| 24 | | of incidents, that is reasonably perceived as being |
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| 1 | | motivated either by any actual or perceived |
| 2 | | characteristic, such as race, color, religion, ancestry, |
| 3 | | national origin, gender, sexual orientation, gender |
| 4 | | identity and expression, or a mental, physical or sensory |
| 5 | | disability, or by any other distinguishing characteristic, |
| 6 | | that takes place on the property of the institution of |
| 7 | | higher education or at any function sponsored by the |
| 8 | | institution of higher education, that substantially |
| 9 | | disrupts or interferes with the orderly operation of the |
| 10 | | institution or the rights of other students, and that: |
| 11 | | (A) a reasonable person should know, under the |
| 12 | | circumstances, will have the effect of physically or |
| 13 | | emotionally harming a student or damaging the |
| 14 | | student's property or placing a student in reasonable |
| 15 | | fear of physical or emotional harm to his or her person |
| 16 | | or damage to his or her property; |
| 17 | | (B) has the effect of insulting or demeaning any |
| 18 | | student or group of students; or |
| 19 | | (C) creates a hostile educational environment for |
| 20 | | the student by interfering with a student's education |
| 21 | | or by severely or pervasively causing physical or |
| 22 | | emotional harm to the student. |
| 23 | | (b) Each public institution of higher education shall |
| 24 | | distribute the policy required under this Section by e-mail to |
| 25 | | each student within 7 days after the start of each semester and |
| 26 | | shall post the policy on its Internet website.
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