Bill Text: IL HB3425 | 2023-2024 | 103rd General Assembly | Enrolled

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Reinserts the contents of the bill as amended by House Amendment No. 1, with the following changes. Makes a change concerning professional development and youth programming. Provides that the data required to be submitted must regard verified allegations (rather than allegations and founded instances) of bullying. Provides that reporting is required though the 2030-2031 school year. Requires the posting of a template for a model bullying prevention policy by January 1, 2024; removes the rulemaking provision. Adds an immediate effective date.

Spectrum: Partisan Bill (Democrat 28-0)

Status: (Passed) 2023-06-09 - Public Act . . . . . . . . . 103-0047 [HB3425 Detail]

Download: Illinois-2023-HB3425-Enrolled.html

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AN ACT concerning education.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The State Finance Act is amended by adding
Section 5.990 as follows:
(30 ILCS 105/5.990 new)
Sec. 5.990. The Illinois Bullying and Cyberbullying
Prevention Fund.
Section 10. The School Code is amended by changing Section
27-23.7 as follows:
(105 ILCS 5/27-23.7)
Sec. 27-23.7. Bullying prevention.
(a) The General Assembly finds that a safe and civil
school environment is necessary for students to learn and
achieve and that bullying causes physical, psychological, and
emotional harm to students and interferes with students'
ability to learn and participate in school activities. The
General Assembly further finds that bullying has been linked
to other forms of antisocial behavior, such as vandalism,
shoplifting, skipping and dropping out of school, fighting,
using drugs and alcohol, sexual harassment, and sexual

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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:
"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
school's, or non-public, non-sectarian elementary or
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).
(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.
(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.)