Rep. Janet Yang Rohr

Filed: 5/15/2024

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 299

2    AMENDMENT NO. ______. Amend House Bill 299 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The School Code is amended by changing Section
527-23.7 as follows:
 
6    (105 ILCS 5/27-23.7)
7    Sec. 27-23.7. Bullying prevention.
8    (a) The General Assembly finds that a safe and civil
9school environment is necessary for students to learn and
10achieve and that bullying causes physical, psychological, and
11emotional harm to students and interferes with students'
12ability to learn and participate in school activities. The
13General Assembly further finds that bullying has been linked
14to other forms of antisocial behavior, such as vandalism,
15shoplifting, skipping and dropping out of school, fighting,
16using drugs and alcohol, sexual harassment, and sexual

 

 

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1violence. Because of the negative outcomes associated with
2bullying in schools, the General Assembly finds that school
3districts, charter schools, and non-public, non-sectarian
4elementary and secondary schools should educate students,
5parents, and school district, charter school, or non-public,
6non-sectarian elementary or secondary school personnel about
7what behaviors constitute prohibited bullying.
8    Bullying on the basis of actual or perceived race, color,
9religion, sex, national origin, ancestry, physical appearance,
10socioeconomic status, academic status, pregnancy, parenting
11status, homelessness, age, marital status, physical or mental
12disability, military status, sexual orientation,
13gender-related identity or expression, unfavorable discharge
14from military service, association with a person or group with
15one or more of the aforementioned actual or perceived
16characteristics, or any other distinguishing characteristic is
17prohibited in all school districts, charter schools, and
18non-public, non-sectarian elementary and secondary schools. No
19student shall be subjected to bullying:
20        (1) during any school-sponsored education program or
21    activity;
22        (2) while in school, on school property, on school
23    buses or other school vehicles, at designated school bus
24    stops waiting for the school bus, or at school-sponsored
25    or school-sanctioned events or activities;
26        (3) through the transmission of information from a

 

 

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1    school computer, a school computer network, or other
2    similar electronic school equipment; or
3        (4) through the transmission of information from a
4    computer that is accessed at a nonschool-related location,
5    activity, function, or program or from the use of
6    technology or an electronic device that is not owned,
7    leased, or used by a school district or school if the
8    bullying causes a substantial disruption to the
9    educational process or orderly operation of a school. This
10    item (4) applies only in cases in which a school
11    administrator or teacher receives a report that bullying
12    through this means has occurred and does not require a
13    district or school to staff or monitor any
14    nonschool-related activity, function, or program.
15    (a-5) Nothing in this Section is intended to infringe upon
16any right to exercise free expression or the free exercise of
17religion or religiously based views protected under the First
18Amendment to the United States Constitution or under Section 3
19of Article I of the Illinois Constitution.
20    (b) In this Section:
21    "Artificial intelligence" means a machine-based system
22that, for explicit or implicit objectives, infers, from the
23input it receives, how to generate outputs, such as
24predictions, content, recommendations, or decisions, that can
25influence physical or virtual environments. "Artificial
26intelligence" also includes generative artificial

 

 

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1intelligence.
2    "Bullying" includes "cyber-bullying" and means any severe
3or pervasive physical or verbal act or conduct, including
4communications made in writing or electronically, directed
5toward a student or students that has or can be reasonably
6predicted to have the effect of one or more of the following:
7        (1) placing the student or students in reasonable fear
8    of harm to the student's or students' person or property;
9        (2) causing a substantially detrimental effect on the
10    student's or students' physical or mental health;
11        (3) substantially interfering with the student's or
12    students' academic performance; or
13        (4) substantially interfering with the student's or
14    students' ability to participate in or benefit from the
15    services, activities, or privileges provided by a school.
16    Bullying, as defined in this subsection (b), may take
17various forms, including without limitation one or more of the
18following: harassment, threats, intimidation, stalking,
19physical violence, sexual harassment, sexual violence, theft,
20public humiliation, destruction of property, or retaliation
21for asserting or alleging an act of bullying. This list is
22meant to be illustrative and non-exhaustive.
23    "Cyber-bullying" means bullying through the use of
24technology or any electronic communication, including without
25limitation any transfer of signs, signals, writing, images,
26sounds, data, or intelligence of any nature transmitted in

 

 

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1whole or in part by a wire, radio, electromagnetic system,
2photoelectronic system, or photooptical system, including
3without limitation electronic mail, Internet communications,
4instant messages, or facsimile communications.
5"Cyber-bullying" includes the creation of a webpage or weblog
6in which the creator assumes the identity of another person or
7the knowing impersonation of another person as the author of
8posted content or messages if the creation or impersonation
9creates any of the effects enumerated in the definition of
10bullying in this Section. "Cyber-bullying" also includes the
11distribution by electronic means of a communication to more
12than one person or the posting of material on an electronic
13medium that may be accessed by one or more persons if the
14distribution or posting creates any of the effects enumerated
15in the definition of bullying in this Section. Beginning with
16the 2025-2026 school year, "cyber-bullying" also includes
17bullying through the distribution by electronic means or the
18posting of a digital replica of an individual who is engaged in
19an activity in which the depicted individual did not engage
20in, including, but not limited to, sexually explicit digitized
21depictions of the individual.
22    "Digital replica" means a newly created, electronic
23representation of the identity of an actual individual created
24using a computer, algorithm, software, tool, artificial
25intelligence, or other technology that is fixed in a sound
26recording or audiovisual work in which that individual did not

 

 

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1actually perform or appear.
2    "Generative artificial intelligence" means an automated
3computing system that, when prompted with human prompts,
4descriptions, or queries, can produce outputs that simulate
5human-produced content, including, but not limited to, the
6following:
7        (1) textual outputs, such as short answers, essays,
8    poetry, or longer compositions or answers;
9        (2) image outputs, such as fine art, photographs,
10    conceptual art, diagrams, and other images;
11        (3) multimedia outputs, such as audio or video in the
12    form of compositions, songs, or short-form or long-form
13    audio or video; and
14        (4) any other content that would be otherwise produced
15    by human means.
16    "Policy on bullying" means a bullying prevention policy
17that meets the following criteria:
18        (1) Includes the bullying definition provided in this
19    Section.
20        (2) Includes a statement that bullying is contrary to
21    State law and the policy of the school district, charter
22    school, or non-public, non-sectarian elementary or
23    secondary school and is consistent with subsection (a-5)
24    of this Section.
25        (3) Includes procedures for promptly reporting
26    bullying, including, but not limited to, identifying and

 

 

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1    providing the school e-mail address (if applicable) and
2    school telephone number for the staff person or persons
3    responsible for receiving such reports and a procedure for
4    anonymous reporting; however, this shall not be construed
5    to permit formal disciplinary action solely on the basis
6    of an anonymous report.
7        (4) Consistent with federal and State laws and rules
8    governing student privacy rights, includes procedures for
9    informing parents or guardians of all students involved in
10    the alleged incident of bullying within 24 hours after the
11    school's administration is made aware of the students'
12    involvement in the incident and discussing, as
13    appropriate, the availability of social work services,
14    counseling, school psychological services, other
15    interventions, and restorative measures. The school shall
16    make diligent efforts to notify a parent or legal
17    guardian, utilizing all contact information the school has
18    available or that can be reasonably obtained by the school
19    within the 24-hour period.
20        (5) Contains procedures for promptly investigating and
21    addressing reports of bullying, including the following:
22            (A) Making all reasonable efforts to complete the
23        investigation within 10 school days after the date the
24        report of the incident of bullying was received and
25        taking into consideration additional relevant
26        information received during the course of the

 

 

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

 

 

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1    actions for a person who engages in reprisal or
2    retaliation.
3        (8) Includes consequences and appropriate remedial
4    actions for a person found to have falsely accused another
5    of bullying as a means of retaliation or as a means of
6    bullying.
7        (9) Is based on the engagement of a range of school
8    stakeholders, including students and parents or guardians.
9        (10) Is posted on the school district's, charter
10    school's, or non-public, non-sectarian elementary or
11    secondary school's existing, publicly accessible Internet
12    website, is included in the student handbook, and, where
13    applicable, posted where other policies, rules, and
14    standards of conduct are currently posted in the school
15    and provided periodically throughout the school year to
16    students and faculty, and is distributed annually to
17    parents, guardians, students, and school personnel,
18    including new employees when hired.
19        (11) As part of the process of reviewing and
20    re-evaluating the policy under subsection (d) of this
21    Section, contains a policy evaluation process to assess
22    the outcomes and effectiveness of the policy that
23    includes, but is not limited to, factors such as the
24    frequency of victimization; student, staff, and family
25    observations of safety at a school; identification of
26    areas of a school where bullying occurs; the types of

 

 

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1    bullying utilized; and bystander intervention or
2    participation. The school district, charter school, or
3    non-public, non-sectarian elementary or secondary school
4    may use relevant data and information it already collects
5    for other purposes in the policy evaluation. The
6    information developed as a result of the policy evaluation
7    must be made available on the Internet website of the
8    school district, charter school, or non-public,
9    non-sectarian elementary or secondary school. If an
10    Internet website is not available, the information must be
11    provided to school administrators, school board members,
12    school personnel, parents, guardians, and students.
13        (12) Is consistent with the policies of the school
14    board, charter school, or non-public, non-sectarian
15    elementary or secondary school.
16        (13) Requires all individual instances of bullying, as
17    well as all threats, suggestions, or instances of
18    self-harm determined to be the result of bullying, to be
19    reported to the parents or legal guardians of those
20    involved under the guidelines provided in paragraph (4) of
21    this definition.
22    "Restorative measures" means a continuum of school-based
23alternatives to exclusionary discipline, such as suspensions
24and expulsions, that: (i) are adapted to the particular needs
25of the school and community, (ii) contribute to maintaining
26school safety, (iii) protect the integrity of a positive and

 

 

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1productive learning climate, (iv) teach students the personal
2and interpersonal skills they will need to be successful in
3school and society, (v) serve to build and restore
4relationships among students, families, schools, and
5communities, (vi) reduce the likelihood of future disruption
6by balancing accountability with an understanding of students'
7behavioral health needs in order to keep students in school,
8and (vii) increase student accountability if the incident of
9bullying is based on religion, race, ethnicity, or any other
10category that is identified in the Illinois Human Rights Act.
11    "School personnel" means persons employed by, on contract
12with, or who volunteer in a school district, charter school,
13or non-public, non-sectarian elementary or secondary school,
14including without limitation school and school district
15administrators, teachers, school social workers, school
16counselors, school psychologists, school nurses, cafeteria
17workers, custodians, bus drivers, school resource officers,
18and security guards.
19    (c) (Blank).
20    (d) Each school district, charter school, and non-public,
21non-sectarian elementary or secondary school shall create,
22maintain, and implement a policy on bullying, which policy
23must be filed with the State Board of Education. The policy on
24bullying shall be based on the State Board of Education's
25template for a model bullying prevention policy under
26subsection (h) and shall include the criteria set forth in the

 

 

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

 

 

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1policy on bullying by September 30 of the subject year, the
2State Board of Education shall provide a written request for
3filing to the school district, charter school, or non-public,
4non-sectarian elementary or secondary school. If a school
5district, charter school, or non-public, non-sectarian
6elementary or secondary school fails to file a policy on
7bullying within 14 days of receipt of the aforementioned
8written request, the State Board of Education shall publish
9notice of the non-compliance on the State Board of Education's
10website.
11    Each school district, charter school, and non-public,
12non-sectarian elementary or secondary school may provide
13evidence-based professional development and youth programming
14on bullying prevention that is consistent with the provisions
15of this Section.
16    (e) This Section shall not be interpreted to prevent a
17victim from seeking redress under any other available civil or
18criminal law.
19    (f) School districts, charter schools, and non-public,
20non-sectarian elementary and secondary schools shall collect,
21maintain, and submit to the State Board of Education
22non-identifiable data regarding verified allegations of
23bullying within the school district, charter school, or
24non-public, non-sectarian elementary or secondary school.
25School districts, charter schools, and non-public,
26non-sectarian elementary and secondary schools must submit

 

 

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1such data in an annual report due to the State Board of
2Education no later than August 15 of each year starting with
3the 2024-2025 school year through the 2030-2031 school year.
4The State Board of Education shall adopt rules for the
5submission of data that includes, but is not limited to: (i) a
6record of each verified allegation of bullying and action
7taken; and (ii) whether the instance of bullying was based on
8actual or perceived characteristics identified in subsection
9(a) and, if so, lists the relevant characteristics. The rules
10for the submission of data shall be consistent with federal
11and State laws and rules governing student privacy rights,
12including, but not limited to, the federal Family Educational
13Rights and Privacy Act of 1974 and the Illinois School Student
14Records Act, which shall include, without limitation, a record
15of each complaint and action taken. The State Board of
16Education shall adopt rules regarding the notification of
17school districts, charter schools, and non-public,
18non-sectarian elementary and secondary schools that fail to
19comply with the requirements of this subsection.
20    (g) Upon the request of a parent or legal guardian of a
21child enrolled in a school district, charter school, or
22non-public, non-sectarian elementary or secondary school
23within this State, the State Board of Education must provide
24non-identifiable data on the number of bullying allegations
25and incidents in a given year in the school district, charter
26school, or non-public, non-sectarian elementary or secondary

 

 

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1school to the requesting parent or legal guardian. The State
2Board of Education shall adopt rules regarding (i) the
3handling of such data, (ii) maintaining the privacy of the
4students and families involved, and (iii) best practices for
5sharing numerical data with parents and legal guardians.
6    (h) By January 1, 2024, the State Board of Education shall
7post on its Internet website a template for a model bullying
8prevention policy.
9    (i) The Illinois Bullying and Cyberbullying Prevention
10Fund is created as a special fund in the State treasury. Any
11moneys appropriated to the Fund may be used, subject to
12appropriation, by the State Board of Education for the
13purposes of subsection (j).
14    (j) Subject to appropriation, the State Superintendent of
15Education may provide a grant to a school district, charter
16school, or non-public, non-sectarian elementary or secondary
17school to support its anti-bullying programming. Grants may be
18awarded from the Illinois Bullying and Cyberbullying
19Prevention Fund. School districts, charter schools, and
20non-public, non-sectarian elementary or secondary schools that
21are not in compliance with subsection (f) are not eligible to
22receive a grant from the Illinois Bullying and Cyberbullying
23Prevention Fund.
24(Source: P.A. 102-197, eff. 7-30-21; 102-241, eff. 8-3-21;
25102-813, eff. 5-13-22; 102-894, eff. 5-20-22; 103-47, eff.
266-9-23.)".