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| Public Act 103-0047
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| HB3425 Enrolled | LRB103 29456 RJT 55848 b |
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AN ACT concerning education.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The State Finance Act is amended by adding |
Section 5.990 as follows:
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(30 ILCS 105/5.990 new) |
Sec. 5.990. The Illinois Bullying and Cyberbullying |
Prevention Fund.
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Section 10. The School Code is amended by changing Section |
27-23.7 as follows:
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(105 ILCS 5/27-23.7) |
Sec. 27-23.7. Bullying prevention. |
(a) The General Assembly finds that a safe and civil |
school environment is necessary for students to learn and |
achieve and that bullying causes physical, psychological, and |
emotional harm to students and interferes with students' |
ability to learn and participate in school activities. The |
General Assembly further finds that bullying has been linked |
to other forms of antisocial behavior, such as vandalism, |
shoplifting, skipping and dropping out of school, fighting, |
using drugs and alcohol, sexual harassment, and sexual |
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violence. Because of the negative outcomes associated with |
bullying in schools, the General Assembly finds that school |
districts, charter schools, and non-public, non-sectarian |
elementary and secondary schools should educate students, |
parents, and school district, charter school, or non-public, |
non-sectarian elementary or secondary school personnel about |
what behaviors constitute prohibited bullying. |
Bullying on the basis of actual or perceived race, color, |
religion, sex, national origin, ancestry, physical appearance, |
socioeconomic status, academic status, pregnancy, parenting |
status, homelessness, age, marital status, physical or mental |
disability, military status, sexual orientation, |
gender-related identity or expression, unfavorable discharge |
from military service, association with a person or group with |
one or more of the aforementioned actual or perceived |
characteristics, or any other distinguishing characteristic is |
prohibited in all school districts, charter schools, and |
non-public, non-sectarian elementary and secondary schools.
No |
student shall be subjected to bullying: |
(1) during any school-sponsored education program or |
activity; |
(2) while in school, on school property, on school |
buses or other school vehicles, at designated school bus |
stops waiting for the school bus, or at school-sponsored |
or school-sanctioned events or activities; |
(3) through the transmission of information from a |
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school computer, a school computer network, or other |
similar electronic school equipment; or |
(4) through the transmission of information from a |
computer that is accessed at a nonschool-related location, |
activity, function, or program or from the use of |
technology or an electronic device that is not owned, |
leased, or used by a school district or school if the |
bullying causes a substantial disruption to the |
educational process or orderly operation of a school. This |
item (4) applies only in cases in which a school |
administrator or teacher receives a report that bullying |
through this means has occurred and does not require a |
district or school to staff or monitor any |
nonschool-related activity, function, or program. |
(a-5) Nothing in this Section is intended to infringe upon |
any right to exercise free expression or the free exercise of |
religion or religiously based views protected under the First |
Amendment to the United States Constitution or under Section 3 |
of Article I of the Illinois Constitution. |
(b) In this Section:
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"Bullying" includes "cyber-bullying" and means any severe |
or pervasive physical or verbal act or conduct, including |
communications made in writing or electronically, directed |
toward a student or students that has or can be reasonably |
predicted to have the effect of one or more of the following: |
(1) placing the student or students in reasonable fear |
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of harm to the student's or students' person or property; |
(2) causing a substantially detrimental effect on the |
student's or students' physical or mental health; |
(3) substantially interfering with the student's or |
students' academic performance; or |
(4) substantially interfering with the student's or |
students' ability to participate in or benefit from the |
services, activities, or privileges provided by a school. |
Bullying, as defined in this subsection (b), may take |
various forms, including without limitation one or more of the |
following: harassment, threats, intimidation, stalking, |
physical violence, sexual harassment, sexual violence, theft, |
public humiliation, destruction of property, or retaliation |
for asserting or alleging an act of bullying. This list is |
meant to be illustrative and non-exhaustive. |
"Cyber-bullying" means bullying through the use of |
technology or any electronic communication, including without |
limitation any transfer of signs, signals, writing, images, |
sounds, data, or intelligence of any nature transmitted in |
whole or in part by a wire, radio, electromagnetic system, |
photoelectronic system, or photooptical system, including |
without limitation electronic mail, Internet communications, |
instant messages, or facsimile communications. |
"Cyber-bullying" includes the creation of a webpage or weblog |
in which the creator assumes the identity of another person or |
the knowing impersonation of another person as the author of |
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posted content or messages if the creation or impersonation |
creates any of the effects enumerated in the definition of |
bullying in this Section. "Cyber-bullying" also includes the |
distribution by electronic means of a communication to more |
than one person or the posting of material on an electronic |
medium that may be accessed by one or more persons if the |
distribution or posting creates any of the effects enumerated |
in the definition of bullying in this Section. |
"Policy on bullying" means a bullying prevention policy |
that meets the following criteria: |
(1) Includes the bullying definition provided in this |
Section. |
(2) Includes a statement that bullying is contrary to |
State law and the policy of the school district, charter |
school, or non-public, non-sectarian elementary or |
secondary school and is consistent with subsection (a-5) |
of this Section. |
(3) Includes procedures for promptly reporting |
bullying, including, but not limited to, identifying and |
providing the school e-mail address (if applicable) and |
school telephone number for the staff person or persons |
responsible for receiving such reports and a procedure for |
anonymous reporting; however, this shall not be construed |
to permit formal disciplinary action solely on the basis |
of an anonymous report. |
(4) Consistent with federal and State laws and rules |
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governing student privacy rights, includes procedures for |
promptly informing parents or guardians of all students |
involved in the alleged incident of bullying within 24 |
hours after the school's administration is made aware of |
the students' involvement in the incident and discussing, |
as appropriate, the availability of social work services, |
counseling, school psychological services, other |
interventions, and restorative measures. The school shall |
make diligent efforts to notify a parent or legal |
guardian, utilizing all contact information the school has |
available or that can be reasonably obtained by the school |
within the 24-hour period. |
(5) Contains procedures for promptly investigating and |
addressing reports of bullying, including the following: |
(A) Making all reasonable efforts to complete the |
investigation within 10 school days after the date the |
report of the incident of bullying was received and |
taking into consideration additional relevant |
information received during the course of the |
investigation about the reported incident of bullying. |
(B) Involving appropriate school support personnel |
and other staff persons with knowledge, experience, |
and training on bullying prevention, as deemed |
appropriate, in the investigation process. |
(C) Notifying the principal or school |
administrator or his or her designee of the report of |
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the incident of bullying as soon as possible after the |
report is received. |
(D) Consistent with federal and State laws and |
rules governing student privacy rights, providing |
parents and guardians of the students who are parties |
to the investigation information about the |
investigation and an opportunity to meet with the |
principal or school administrator or his or her |
designee to discuss the investigation, the findings of |
the investigation, and the actions taken to address |
the reported incident of bullying. |
(6) Includes the interventions that can be taken to |
address bullying, which may include, but are not limited |
to, school social work services, restorative measures, |
social-emotional skill building, counseling, school |
psychological services, and community-based services. |
(7) Includes a statement prohibiting reprisal or |
retaliation against any person who reports an act of |
bullying and the consequences and appropriate remedial |
actions for a person who engages in reprisal or |
retaliation. |
(8) Includes consequences and appropriate remedial |
actions for a person found to have falsely accused another |
of bullying as a means of retaliation or as a means of |
bullying. |
(9) Is based on the engagement of a range of school |
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stakeholders, including students and parents or guardians. |
(10) Is posted on the school district's, charter
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school's, or non-public, non-sectarian elementary or
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secondary school's existing, publicly accessible Internet |
website, is
included in the student handbook, and, where |
applicable,
posted where other policies, rules, and |
standards of
conduct are currently posted in the school |
and provided periodically throughout the school year to |
students and faculty, and is
distributed annually to |
parents, guardians, students, and
school personnel, |
including new employees when hired. |
(11) As part of the process of reviewing and |
re-evaluating the policy under subsection (d) of this |
Section, contains a policy evaluation process to assess |
the outcomes and effectiveness of the policy that |
includes, but is not limited to, factors such as the |
frequency of victimization; student, staff, and family |
observations of safety at a school; identification of |
areas of a school where bullying occurs; the types of |
bullying utilized; and bystander intervention or |
participation. The school district, charter school, or |
non-public, non-sectarian elementary or secondary school |
may use relevant data and information it already collects |
for other purposes in the policy evaluation. The |
information developed as a result of the policy evaluation |
must be made available on the Internet website of the |
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school district, charter school, or non-public, |
non-sectarian elementary or secondary school. If an |
Internet website is not available, the information must be |
provided to school administrators, school board members, |
school personnel, parents, guardians, and students. |
(12) Is consistent with the policies of the school |
board, charter school, or non-public, non-sectarian |
elementary or secondary school. |
(13) Requires all individual instances of bullying, as |
well as all threats, suggestions, or instances of |
self-harm determined to be the result of bullying, to be |
reported to the parents or legal guardians of those |
involved under the guidelines provided in paragraph (4) of |
this definition. |
"Restorative measures" means a continuum of school-based |
alternatives to exclusionary discipline, such as suspensions |
and expulsions, that: (i) are adapted to the particular needs |
of the school and community, (ii) contribute to maintaining |
school safety, (iii) protect the integrity of a positive and |
productive learning climate, (iv) teach students the personal |
and interpersonal skills they will need to be successful in |
school and society, (v) serve to build and restore |
relationships among students, families, schools, and |
communities, (vi) reduce the likelihood of future disruption |
by balancing accountability with an understanding of students' |
behavioral health needs in order to keep students in school, |
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and (vii) increase student accountability if the incident of |
bullying is based on religion, race, ethnicity, or any other |
category that is identified in the Illinois Human Rights Act. |
"School personnel" means persons employed by, on contract |
with, or who volunteer in a school district, charter school, |
or non-public, non-sectarian elementary or secondary school, |
including without limitation school and school district |
administrators, teachers, school social workers, school |
counselors, school psychologists, school nurses, cafeteria |
workers, custodians, bus drivers, school resource officers, |
and security guards. |
(c) (Blank).
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(d) Each school district, charter school, and non-public, |
non-sectarian elementary or secondary school shall create, |
maintain, and implement a policy on bullying, which policy |
must be filed with the State Board of Education. The policy on |
bullying shall be based on the State Board of Education's |
template for a model bullying prevention policy under |
subsection (h) and shall include the criteria set forth in the |
definition of "policy on bullying". The policy or implementing |
procedure shall include a process to investigate whether a |
reported act of bullying is within the permissible scope of |
the district's or school's jurisdiction and shall require that |
the district or school provide the victim with information |
regarding services that are available within the district and |
community, such as counseling, support services, and other |
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programs. School personnel available for help with a bully or |
to make a report about bullying shall be made known to parents |
or legal guardians, students, and school personnel. Every 2 |
years, each school district, charter school, and non-public, |
non-sectarian elementary or secondary school shall conduct a |
review and re-evaluation of its policy and make any necessary |
and appropriate revisions. No later than September 30 of the |
subject year, the policy must be filed with the State Board of |
Education after being updated. The State Board of Education |
shall monitor and provide technical support for the |
implementation of policies created under this subsection (d). |
In monitoring the implementation of the policies, the State |
Board of Education shall review each filed policy on bullying |
to ensure all policies meet the requirements set forth in this |
Section, including ensuring that each policy meets the 12 |
criterion identified within the definition of "policy on |
bullying" set forth in this Section. |
If a school district, charter school, or non-public, |
non-sectarian elementary or secondary school fails to file a |
policy on bullying by September 30 of the subject year, the |
State Board of Education shall provide a written request for |
filing to the school district, charter school, or non-public, |
non-sectarian elementary or secondary school. If a school |
district, charter school, or non-public, non-sectarian |
elementary or secondary school fails to file a policy on |
bullying within 14 days of receipt of the aforementioned |
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written request, the State Board of Education shall publish |
notice of the non-compliance on the State Board of Education's |
website. |
Each school district, charter school, and non-public, |
non-sectarian elementary or secondary school may provide |
evidence-based professional development and youth programming |
on bullying prevention that is consistent with the provisions |
of this Section. |
(e) This Section shall not be interpreted to prevent a |
victim from seeking redress under any other available civil or |
criminal law.
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(f) School districts, charter schools, and non-public, |
non-sectarian elementary and secondary schools shall collect, |
maintain, and submit to the State Board of Education |
non-identifiable data regarding verified allegations of |
bullying within the school district, charter school, or |
non-public, non-sectarian elementary or secondary school. |
School districts, charter schools, and non-public, |
non-sectarian elementary and secondary schools must submit |
such data in an annual report due to the State Board of |
Education no later than August 15 of each year starting with |
the 2024-2025 school year through the 2030-2031 school year. |
The State Board of Education shall adopt rules for the |
submission of data that includes, but is not limited to: (i) a |
record of each verified allegation of bullying and action |
taken; and (ii) whether the instance of bullying was based on |
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actual or perceived characteristics identified in subsection |
(a) and, if so, lists the relevant characteristics. The rules |
for the submission of data shall be consistent with federal |
and State laws and rules governing student privacy rights, |
including, but not limited to, the federal Family Educational |
Rights and Privacy Act of 1974 and the Illinois School Student |
Records Act, which shall include, without limitation, a record |
of each complaint and action taken. The State Board of |
Education shall adopt rules regarding the notification of |
school districts, charter schools, and non-public, |
non-sectarian elementary and secondary schools that fail to |
comply with the requirements of this subsection. |
(g) Upon the request of a parent or legal guardian of a |
child enrolled in a school district, charter school, or |
non-public, non-sectarian elementary or secondary school |
within this State, the State Board of Education must provide |
non-identifiable data on the number of bullying allegations |
and incidents in a given year in the school district, charter |
school, or non-public, non-sectarian elementary or secondary |
school to the requesting parent or legal guardian. The State |
Board of Education shall adopt rules regarding (i) the |
handling of such data, (ii) maintaining the privacy of the |
students and families involved, and (iii) best practices for |
sharing numerical data with parents and legal guardians. |
(h) By January 1, 2024, the State Board of Education shall |
post on its Internet website a template for a model bullying |
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prevention policy. |
(i) The Illinois Bullying and Cyberbullying Prevention |
Fund is created as a special fund in the State treasury. Any |
moneys appropriated to the Fund may be used, subject to |
appropriation, by the State Board of Education for the |
purposes of subsection (j). |
(j) Subject to appropriation, the State Superintendent of |
Education may provide a grant to a school district, charter |
school, or non-public, non-sectarian elementary or secondary |
school to support its anti-bullying programming. Grants may be |
awarded from the Illinois Bullying and Cyberbullying |
Prevention Fund. School districts, charter schools, and |
non-public, non-sectarian elementary or secondary schools that |
are not in compliance with subsection (f) are not eligible to |
receive a grant from the Illinois Bullying and Cyberbullying |
Prevention Fund. |
(Source: P.A. 102-197, eff. 7-30-21; 102-241, eff. 8-3-21; |
102-813, eff. 5-13-22; 102-894, eff. 5-20-22.)
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