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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.
| ||||||
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.
| ||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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.
| ||||||
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. |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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. |
| |||||||
| |||||||
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, |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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.
| ||||||
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. |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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.
| ||||||
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 |
| |||||||
| |||||||
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.
| ||||||
24 | (105 ILCS 5/22-80.35 new) | ||||||
25 | Sec. 22-80.35. School anti-bullying specialists and |
| |||||||
| |||||||
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; |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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.
| ||||||
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. |
| |||||||
| |||||||
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; |
| |||||||
| |||||||
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.
| ||||||
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 |
| |||||||
| |||||||
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.
| ||||||
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) |
| |||||||
| |||||||
1 | any moneys donated for the purposes of the Fund, and (iii) all | ||||||
2 | interest earnings received on moneys in the fund.
| ||||||
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 |
| |||||||
| |||||||
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:
| ||||||
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 |
| |||||||
| |||||||
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).
| ||||||
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. |
| |||||||
| |||||||
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.)
| ||||||
14 | (105 ILCS 5/34-3.2) (from Ch. 122, par. 34-3.2)
| ||||||
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
| ||||||
18 | not-for-profit organizations, including without limitation the | ||||||
19 | following:
| ||||||
20 | 1. budget and revenue review;
| ||||||
21 | 2. education theory and governance;
| ||||||
22 | 3. governmental relations;
| ||||||
23 | 4. school-based management; and
| ||||||
24 | 5. State and federal education law and regulations.
| ||||||
25 | (b) Each member of the board shall receive training on |
| |||||||
| |||||||
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.)
| ||||||
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
| ||||||
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.)
| ||||||
23 | (105 ILCS 5/34-19) (from Ch. 122, par. 34-19) | ||||||
24 | Sec. 34-19. By-laws, rules and regulations; business |
| |||||||
| |||||||
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
| ||||||
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
| ||||||
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
| ||||||
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 |
| |||||||
| |||||||
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
|
| |||||||
| |||||||
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
| ||||||
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 |
| |||||||
| |||||||
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.)
| ||||||
6 | Section 15. The Board of Higher Education Act is amended by | ||||||
7 | adding Section 9.34 as follows:
| ||||||
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 |
| |||||||
| |||||||
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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| ||||||||||||||||||||||||||
1 | Section 99. Effective date. This Act takes effect June 1, | |||||||||||||||||||||||||
2 | 2015.
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