HB0299 Engrossed LRB103 03826 RJT 48832 b
1		AN ACT concerning education.
2		Be it enacted by the People of the State of Illinois,
3		represented in the General Assembly:
4		Section 5. The School Code is amended by changing Section
5		27-23.7 as follows:
6		(105 ILCS 5/27-23.7)
7		Sec. 27-23.7. Bullying prevention.
8		(a) The General Assembly finds that a safe and civil
9		school environment is necessary for students to learn and
10		achieve and that bullying causes physical, psychological, and
11		emotional harm to students and interferes with students'
12		ability to learn and participate in school activities. The
13		General Assembly further finds that bullying has been linked
14		to other forms of antisocial behavior, such as vandalism,
15		shoplifting, skipping and dropping out of school, fighting,
16		using drugs and alcohol, sexual harassment, and sexual
17		violence. Because of the negative outcomes associated with
18		bullying in schools, the General Assembly finds that school
19		districts, charter schools, and non-public, non-sectarian
20		elementary and secondary schools should educate students,
21		parents, and school district, charter school, or non-public,
22		non-sectarian elementary or secondary school personnel about
23		what behaviors constitute prohibited bullying.

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1		Bullying on the basis of actual or perceived race, color,
2		religion, sex, national origin, ancestry, physical appearance,
3		socioeconomic status, academic status, pregnancy, parenting
4		status, homelessness, age, marital status, physical or mental
5		disability, military status, sexual orientation,
6		gender-related identity or expression, unfavorable discharge
7		from military service, association with a person or group with
8		one or more of the aforementioned actual or perceived
9		characteristics, or any other distinguishing characteristic is
10		prohibited in all school districts, charter schools, and
11		non-public, non-sectarian elementary and secondary schools. No
12		student shall be subjected to bullying:
13		(1) during any school-sponsored education program or
14		activity;
15		(2) while in school, on school property, on school
16		buses or other school vehicles, at designated school bus
17		stops waiting for the school bus, or at school-sponsored
18		or school-sanctioned events or activities;
19		(3) through the transmission of information from a
20		school computer, a school computer network, or other
21		similar electronic school equipment; or
22		(4) through the transmission of information from a
23		computer that is accessed at a nonschool-related location,
24		activity, function, or program or from the use of
25		technology or an electronic device that is not owned,
26		leased, or used by a school district or school if the

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1		bullying causes a substantial disruption to the
2		educational process or orderly operation of a school. This
3		item (4) applies only in cases in which a school
4		administrator or teacher receives a report that bullying
5		through this means has occurred and does not require a
6		district or school to staff or monitor any
7		nonschool-related activity, function, or program.
8		(a-5) Nothing in this Section is intended to infringe upon
9		any right to exercise free expression or the free exercise of
10		religion or religiously based views protected under the First
11		Amendment to the United States Constitution or under Section 3
12		of Article I of the Illinois Constitution.
13		(b) In this Section:
14		"Artificial intelligence" means a machine-based system
15		that, for explicit or implicit objectives, infers, from the
16		input it receives, how to generate outputs, such as
17		predictions, content, recommendations, or decisions, that can
18		influence physical or virtual environments. "Artificial
19		intelligence" also includes generative artificial
20		intelligence.
21		"Bullying" includes "cyber-bullying" and means any severe
22		or pervasive physical or verbal act or conduct, including
23		communications made in writing or electronically, directed
24		toward a student or students that has or can be reasonably
25		predicted to have the effect of one or more of the following:
26		(1) placing the student or students in reasonable fear

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1		of harm to the student's or students' person or property;
2		(2) causing a substantially detrimental effect on the
3		student's or students' physical or mental health;
4		(3) substantially interfering with the student's or
5		students' academic performance; or
6		(4) substantially interfering with the student's or
7		students' ability to participate in or benefit from the
8		services, activities, or privileges provided by a school.
9		Bullying, as defined in this subsection (b), may take
10		various forms, including without limitation one or more of the
11		following: harassment, threats, intimidation, stalking,
12		physical violence, sexual harassment, sexual violence, posting
13		or distributing sexually explicit images, theft, public
14		humiliation, destruction of property, or retaliation for
15		asserting or alleging an act of bullying. This list is meant to
16		be illustrative and non-exhaustive.
17		"Cyber-bullying" means bullying through the use of
18		technology or any electronic communication, including without
19		limitation any transfer of signs, signals, writing, images,
20		sounds, data, or intelligence of any nature transmitted in
21		whole or in part by a wire, radio, electromagnetic system,
22		photoelectronic system, or photooptical system, including
23		without limitation electronic mail, Internet communications,
24		instant messages, or facsimile communications.
25		"Cyber-bullying" includes the creation of a webpage or weblog
26		in which the creator assumes the identity of another person or

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1		the knowing impersonation of another person as the author of
2		posted content or messages if the creation or impersonation
3		creates any of the effects enumerated in the definition of
4		bullying in this Section. "Cyber-bullying" also includes the
5		distribution by electronic means of a communication to more
6		than one person or the posting of material on an electronic
7		medium that may be accessed by one or more persons if the
8		distribution or posting creates any of the effects enumerated
9		in the definition of bullying in this Section. Beginning with
10		the 2025-2026 school year, "cyber-bullying" also includes the
11		posting or distribution of a digital replica by electronic
12		means.
13		"Digital replica" means a newly created, electronic
14		representation of the voice, image, or likeness of an actual
15		individual created using a computer, algorithm, software,
16		tool, artificial intelligence, or other technology that is
17		fixed in a sound recording or audiovisual work in which that
18		individual did not actually perform or appear, and which a
19		reasonable person would believe is that particular
20		individual's voice, image, or likeness being imitated.
21		"Generative artificial intelligence" means an automated
22		computing system that, when prompted with human prompts,
23		descriptions, or queries, can produce outputs that simulate
24		human-produced content, including, but not limited to, the
25		following:
26		(1) textual outputs, such as short answers, essays,

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1		poetry, or longer compositions or answers;
2		(2) image outputs, such as fine art, photographs,
3		conceptual art, diagrams, and other images;
4		(3) multimedia outputs, such as audio or video in the
5		form of compositions, songs, or short-form or long-form
6		audio or video; and
7		(4) any other content that would be otherwise produced
8		by human means.
9		"Policy on bullying" means a bullying prevention policy
10		that meets the following criteria:
11		(1) Includes the bullying definition provided in this
12		Section.
13		(2) Includes a statement that bullying is contrary to
14		State law and the policy of the school district, charter
15		school, or non-public, non-sectarian elementary or
16		secondary school and is consistent with subsection (a-5)
17		of this Section.
18		(3) Includes procedures for promptly reporting
19		bullying, including, but not limited to, identifying and
20		providing the school e-mail address (if applicable) and
21		school telephone number for the staff person or persons
22		responsible for receiving such reports and a procedure for
23		anonymous reporting; however, this shall not be construed
24		to permit formal disciplinary action solely on the basis
25		of an anonymous report.
26		(4) Consistent with federal and State laws and rules

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1		governing student privacy rights, includes procedures for
2		informing parents or guardians of all students involved in
3		the alleged incident of bullying within 24 hours after the
4		school's administration is made aware of the students'
5		involvement in the incident and discussing, as
6		appropriate, the availability of social work services,
7		counseling, school psychological services, other
8		interventions, and restorative measures. The school shall
9		make diligent efforts to notify a parent or legal
10		guardian, utilizing all contact information the school has
11		available or that can be reasonably obtained by the school
12		within the 24-hour period.
13		(5) Contains procedures for promptly investigating and
14		addressing reports of bullying, including the following:
15		(A) Making all reasonable efforts to complete the
16		investigation within 10 school days after the date the
17		report of the incident of bullying was received and
18		taking into consideration additional relevant
19		information received during the course of the
20		investigation about the reported incident of bullying.
21		(B) Involving appropriate school support personnel
22		and other staff persons with knowledge, experience,
23		and training on bullying prevention, as deemed
24		appropriate, in the investigation process.
25		(C) Notifying the principal or school
26		administrator or his or her designee of the report of

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1		the incident of bullying as soon as possible after the
2		report is received.
3		(D) Consistent with federal and State laws and
4		rules governing student privacy rights, providing
5		parents and guardians of the students who are parties
6		to the investigation information about the
7		investigation and an opportunity to meet with the
8		principal or school administrator or his or her
9		designee to discuss the investigation, the findings of
10		the investigation, and the actions taken to address
11		the reported incident of bullying.
12		(6) Includes the interventions that can be taken to
13		address bullying, which may include, but are not limited
14		to, school social work services, restorative measures,
15		social-emotional skill building, counseling, school
16		psychological services, and community-based services.
17		(7) Includes a statement prohibiting reprisal or
18		retaliation against any person who reports an act of
19		bullying and the consequences and appropriate remedial
20		actions for a person who engages in reprisal or
21		retaliation.
22		(8) Includes consequences and appropriate remedial
23		actions for a person found to have falsely accused another
24		of bullying as a means of retaliation or as a means of
25		bullying.
26		(9) Is based on the engagement of a range of school

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1		stakeholders, including students and parents or guardians.
2		(10) Is posted on the school district's, charter
3		school's, or non-public, non-sectarian elementary or
4		secondary school's existing, publicly accessible Internet
5		website, is included in the student handbook, and, where
6		applicable, posted where other policies, rules, and
7		standards of conduct are currently posted in the school
8		and provided periodically throughout the school year to
9		students and faculty, and is distributed annually to
10		parents, guardians, students, and school personnel,
11		including new employees when hired.
12		(11) As part of the process of reviewing and
13		re-evaluating the policy under subsection (d) of this
14		Section, contains a policy evaluation process to assess
15		the outcomes and effectiveness of the policy that
16		includes, but is not limited to, factors such as the
17		frequency of victimization; student, staff, and family
18		observations of safety at a school; identification of
19		areas of a school where bullying occurs; the types of
20		bullying utilized; and bystander intervention or
21		participation. The school district, charter school, or
22		non-public, non-sectarian elementary or secondary school
23		may use relevant data and information it already collects
24		for other purposes in the policy evaluation. The
25		information developed as a result of the policy evaluation
26		must be made available on the Internet website of the

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1		school district, charter school, or non-public,
2		non-sectarian elementary or secondary school. If an
3		Internet website is not available, the information must be
4		provided to school administrators, school board members,
5		school personnel, parents, guardians, and students.
6		(12) Is consistent with the policies of the school
7		board, charter school, or non-public, non-sectarian
8		elementary or secondary school.
9		(13) Requires all individual instances of bullying, as
10		well as all threats, suggestions, or instances of
11		self-harm determined to be the result of bullying, to be
12		reported to the parents or legal guardians of those
13		involved under the guidelines provided in paragraph (4) of
14		this definition.
15		"Restorative measures" means a continuum of school-based
16		alternatives to exclusionary discipline, such as suspensions
17		and expulsions, that: (i) are adapted to the particular needs
18		of the school and community, (ii) contribute to maintaining
19		school safety, (iii) protect the integrity of a positive and
20		productive learning climate, (iv) teach students the personal
21		and interpersonal skills they will need to be successful in
22		school and society, (v) serve to build and restore
23		relationships among students, families, schools, and
24		communities, (vi) reduce the likelihood of future disruption
25		by balancing accountability with an understanding of students'
26		behavioral health needs in order to keep students in school,

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1		and (vii) increase student accountability if the incident of
2		bullying is based on religion, race, ethnicity, or any other
3		category that is identified in the Illinois Human Rights Act.
4		"School personnel" means persons employed by, on contract
5		with, or who volunteer in a school district, charter school,
6		or non-public, non-sectarian elementary or secondary school,
7		including without limitation school and school district
8		administrators, teachers, school social workers, school
9		counselors, school psychologists, school nurses, cafeteria
10		workers, custodians, bus drivers, school resource officers,
11		and security guards.
12		(c) (Blank).
13		(d) Each school district, charter school, and non-public,
14		non-sectarian elementary or secondary school shall create,
15		maintain, and implement a policy on bullying, which policy
16		must be filed with the State Board of Education. The policy on
17		bullying shall be based on the State Board of Education's
18		template for a model bullying prevention policy under
19		subsection (h) and shall include the criteria set forth in the
20		definition of "policy on bullying". The policy or implementing
21		procedure shall include a process to investigate whether a
22		reported act of bullying is within the permissible scope of
23		the district's or school's jurisdiction and shall require that
24		the district or school provide the victim with information
25		regarding services that are available within the district and
26		community, such as counseling, support services, and other

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1		programs. School personnel available for help with a bully or
2		to make a report about bullying shall be made known to parents
3		or legal guardians, students, and school personnel. Every 2
4		years, each school district, charter school, and non-public,
5		non-sectarian elementary or secondary school shall conduct a
6		review and re-evaluation of its policy and make any necessary
7		and appropriate revisions. No later than September 30 of the
8		subject year, the policy must be filed with the State Board of
9		Education after being updated. The State Board of Education
10		shall monitor and provide technical support for the
11		implementation of policies created under this subsection (d).
12		In monitoring the implementation of the policies, the State
13		Board of Education shall review each filed policy on bullying
14		to ensure all policies meet the requirements set forth in this
15		Section, including ensuring that each policy meets the 13 12
16		criterion identified within the definition of "policy on
17		bullying" set forth in this Section.
18		If a school district, charter school, or non-public,
19		non-sectarian elementary or secondary school fails to file a
20		policy on bullying by September 30 of the subject year, the
21		State Board of Education shall provide a written request for
22		filing to the school district, charter school, or non-public,
23		non-sectarian elementary or secondary school. If a school
24		district, charter school, or non-public, non-sectarian
25		elementary or secondary school fails to file a policy on
26		bullying within 14 days of receipt of the aforementioned

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1		written request, the State Board of Education shall publish
2		notice of the non-compliance on the State Board of Education's
3		website.
4		Each school district, charter school, and non-public,
5		non-sectarian elementary or secondary school may provide
6		evidence-based professional development and youth programming
7		on bullying prevention that is consistent with the provisions
8		of this Section.
9		(e) This Section shall not be interpreted to prevent a
10		victim from seeking redress under any other available civil or
11		criminal law.
12		(f) School districts, charter schools, and non-public,
13		non-sectarian elementary and secondary schools shall collect,
14		maintain, and submit to the State Board of Education
15		non-identifiable data regarding verified allegations of
16		bullying within the school district, charter school, or
17		non-public, non-sectarian elementary or secondary school.
18		School districts, charter schools, and non-public,
19		non-sectarian elementary and secondary schools must submit
20		such data in an annual report due to the State Board of
21		Education no later than August 15 of each year starting with
22		the 2024-2025 school year through the 2030-2031 school year.
23		The State Board of Education shall adopt rules for the
24		submission of data that includes, but is not limited to: (i) a
25		record of each verified allegation of bullying and action
26		taken; and (ii) whether the instance of bullying was based on

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1		actual or perceived characteristics identified in subsection
2		(a) and, if so, lists the relevant characteristics. The rules
3		for the submission of data shall be consistent with federal
4		and State laws and rules governing student privacy rights,
5		including, but not limited to, the federal Family Educational
6		Rights and Privacy Act of 1974 and the Illinois School Student
7		Records Act, which shall include, without limitation, a record
8		of each complaint and action taken. The State Board of
9		Education shall adopt rules regarding the notification of
10		school districts, charter schools, and non-public,
11		non-sectarian elementary and secondary schools that fail to
12		comply with the requirements of this subsection.
13		(g) Upon the request of a parent or legal guardian of a
14		child enrolled in a school district, charter school, or
15		non-public, non-sectarian elementary or secondary school
16		within this State, the State Board of Education must provide
17		non-identifiable data on the number of bullying allegations
18		and incidents in a given year in the school district, charter
19		school, or non-public, non-sectarian elementary or secondary
20		school to the requesting parent or legal guardian. The State
21		Board of Education shall adopt rules regarding (i) the
22		handling of such data, (ii) maintaining the privacy of the
23		students and families involved, and (iii) best practices for
24		sharing numerical data with parents and legal guardians.
25		(h) By January 1, 2024, the State Board of Education shall
26		post on its Internet website a template for a model bullying

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1		prevention policy.
2		(i) The Illinois Bullying and Cyberbullying Prevention
3		Fund is created as a special fund in the State treasury. Any
4		moneys appropriated to the Fund may be used, subject to
5		appropriation, by the State Board of Education for the
6		purposes of subsection (j).
7		(j) Subject to appropriation, the State Superintendent of
8		Education may provide a grant to a school district, charter
9		school, or non-public, non-sectarian elementary or secondary
10		school to support its anti-bullying programming. Grants may be
11		awarded from the Illinois Bullying and Cyberbullying
12		Prevention Fund. School districts, charter schools, and
13		non-public, non-sectarian elementary or secondary schools that
14		are not in compliance with subsection (f) are not eligible to
15		receive a grant from the Illinois Bullying and Cyberbullying
16		Prevention Fund.
17		(Source: P.A. 102-197, eff. 7-30-21; 102-241, eff. 8-3-21;
18		102-813, eff. 5-13-22; 102-894, eff. 5-20-22; 103-47, eff.
19		6-9-23.)