SB3266 96TH GENERAL ASSEMBLY

LRB096 20034 NHT 35537 b

96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
SB3266

Introduced 2/9/2010, by Sen. Kimberly A. Lightford

SYNOPSIS AS INTRODUCED:

105 ILCS 5/27-23.7
105 ILCS 5/27-23.9 new
30 ILCS 805/8.34 new

Amends the School Code. In provisions concerning bullying prevention, makes changes concerning the criteria for bullying, the written policy on bullying that schools must adopt (including posting requirements), and implementation of the written policy. Requires that schools maintain records concerning any bullying incidents. Adds provisions concerning criminal and civil immunity for specified parties. Adds provisions concerning gang resistance education and training for students. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.

FISCAL NOTE ACT MAY APPLY

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

A BILL FOR

AN ACT concerning education.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The School Code is amended by changing Section 27-23.7 and by adding Section 27-23.9 as follows:

(105 ILCS 5/27-23.7)

Sec. 27-23.7. Bullying prevention education; gang resistance education and training.

(a) The General Assembly finds that a safe and civil school environment is necessary for students to learn and achieve and that bullying causes physical, psychological and emotional harm to students and interferes with students' ability to learn and participate in school activities. The General Assembly further finds that bullying has a negative effect on the social environment of schools, creates a climate of fear among students, inhibits their ability to learn, and leads to other antisocial behavior. Bullying behavior has been linked to other forms of antisocial behavior, such as vandalism, shoplifting, skipping and dropping out of school, fighting, using drugs and alcohol, sexual harassment, and sexual violence. Because of the negative outcomes associated with bullying in schools, the General Assembly finds that school districts should educate all students, parents, and school district personnel about what behaviors constitute prohibited bullying.

Bullying on the basis of actual or perceived race, color, religion, sex, national origin, ancestry, age, marital status, physical or mental disability, military status, sexual orientation, gender-related identity or expression, unfavorable discharge from military service, association with a person or group with one or more of the aforementioned actual or perceived characteristics, or any other distinguishing characteristic is prohibited in all school districts and recognized non-public schools. No student shall be subjected to bullying:

(1) during any school-sponsored education program or activity;

(2) while in school, on school property, on school buses or other school vehicles, at designated school bus stops waiting for the school bus, or at school-sponsored or school-sanctioned events or activities; or

(3) through the transmission of information from a school computer, a school computer network, or other similar electronic school equipment.

The General Assembly further finds that the instance of youth delinquent gangs continues to rise on a statewide basis. Given the higher rates of criminal offending among gang members, as well as the availability of increasingly lethal weapons, the level of criminal activity by gang members has taken on new importance for law enforcement agencies, schools, the community, and prevention efforts.

(b) In this Section:

"Bullying" includes any severe or pervasive physical or verbal act or conduct, including communications made in writing or electronically, directed toward a student or students that has or can be reasonably predicted to have the effect of one or more of the following:

(1) placing the student or students in reasonable fear of harm to the student's or students' person or property;

(2) causing a substantially detrimental effect on the student's or students' physical or mental health;

(3) substantially interfering with the student's or students' academic performance; or

(4) substantially interfering with the student's or students' ability to participate in or benefit from the services, activities, or privileges provided by a school.

Bullying, as defined in this subsection (b), may include without limitation harassment, threats, intimidation, stalking, physical violence, sexual harassment or violence, theft, public humiliation, teasing, social exclusion, destruction of property, or retaliation for asserting or alleging an act of bullying.

"Recognized Non-Public School" means any non-public school recognized by the State Board of Education in accordance with Section 2-3.25o of this Code.

"School personnel" means persons employed by, on contract with, or who volunteer in a school district or recognized non-public school, including without limitation school and school district administrators, teachers, school guidance counselors, school social workers, school counselors, school psychologists, school nurses, cafeteria workers, custodians, bus drivers, school resource officers, and security guards.

"Bullying prevention" means and includes instruction in all of the following:

(1) Intimidation.

(2) Student victimization.

(3) Sexual harassment.

(4) Sexual violence.

(5) Strategies for student-centered problem solving regarding bullying.

"Gang resistance education and training" means and includes instruction in, without limitation, each of the following subject matters when accompanied by a stated objective of reducing gang activity and educating children in grades K through 12 about the consequences of gang involvement:

(1) Conflict resolution.

(2) Cultural sensitivity.

(3) Personal goal setting.

(4) Resisting peer pressure.

(c) By January 1, 2011, every school district and recognized non-public school shall have adopted and have in effect a policy that complies with this subsection (c). Every policy required under this subsection (c) must contain, at a minimum, the following components:

(1) a definition of bullying that is consistent with that which is set forth in subsections (a) and (b) of this Section;

(2) a statement declaring that bullying is contrary to state law and school district policy or the policy of the recognized non-public school;

(3) procedure or procedures for reporting bullying, including a provision that permits a person to report bullying anonymously. No formal disciplinary action shall be taken by a school district or recognized non-public school solely on the basis of an anonymous report;

(4) a requirement that any school employee who has reliable information that would lead a reasonable person to suspect that a student is a target of bullying shall immediately report it to the person or persons responsible for investigating reports of bullying;

(5) an explanation of the procedure or procedures for the prompt investigation of allegations of bullying, including identification of the person or persons responsible for investigating reports of bullying;

(6) the timelines that the school district or recognized non-public school will follow to resolve complaints of bullying;

(7) a list of the potential consequences for and remedial actions that may be taken against an individual who violates the bullying policy; and

(8) a list of the potential remedies for and protective actions that may be taken for a student subjected to bullying.

With respect to this list of potential remedies, the policy must state that, except to secure their immediate safety or with the consent of the adult who legally enrolled the student, a student ordinarily should not be removed from a class, room, school facility or school district in order to stop ongoing bullying directed at them and if there is a need to separate students for this purpose and to create an environment conducive to learning and respect, it is presumed that the offending students ordinarily should be removed.

A school district in every one of its schools, and a recognized non-public school, shall (i) post the policy required in this subsection (c) in an area of the school where notices regarding the rules, regulations, procedures, and standards of conduct are posted; (ii) distribute such policy annually to parents, guardians, and students; (iii) provide the policy to all school personnel at the beginning of each school year and at the time a new employee is hired; and (iv) include the policy on or in the school district's, or recognized non-public school's website, student handbook, student orientation material, or publication that sets forth the rules, procedures, or standards of conduct for students.

Every policy required by this subsection (c) must be implemented in a manner that is ongoing throughout the school year and integrated with a school's curriculum, a school's discipline policies and other violence prevention efforts. Each school district may make suitable provisions for instruction in bullying prevention and gang resistance education and training in all grades and include such instruction in the courses of study regularly taught therein. A school board may collaborate with a community-based agency providing specialized curricula in bullying prevention whose ultimate outcome is to prevent sexual violence. For the purposes of gang resistance education and training, a school board must collaborate with State and local law enforcement agencies. The State Board of Education may assist in the development of instructional materials and teacher training in relation to bullying prevention and gang resistance education and training.

(d) Every school district and recognized non-public school shall maintain data regarding the allegations and incidents of bullying in the school district or recognized non-public school, including a record of each complaint alleging a violation of the bullying policy and the resulting determination made or actions taken, or both, in response to the complaint. Beginning with 2011-2012 school year, every school district and recognized non-public school must submit to the State Board of Education data regarding bullying in a format to be determined by the State Board of Education.

Subject to funds appropriated for these purposes, the State Board of Education, in collaboration with additional State agencies at its discretion, shall facilitate compliance with this Section by doing the following:

(1) preparing model policies applicable to and age appropriate for grades K through 12; and

(2) developing a demonstration project under which the State Board of Education shall provide, either directly or through a contract, in-service training and technical assistance regarding bullying to school personnel and students in selected school districts, which project shall do the following:

(A) address the causes of bullying and train teachers, administrators, student services personnel, and other school personnel about strategies to prevent bullying and to effectively intervene when such incidents occur;

(B) teach students about the consequences of bullying and to effectively intervene when such incidents occur; and

(C) evaluate the effects of the in-service training and technical assistance on bullying behavior and its consequences within the school district.

The demonstration project shall operate for 2 years, beginning in the 2011-2012 school year, in 5 to 10 school districts that meet criteria to be determined by the State Board of Education. Beginning 180 days after August 23, 2007 (the effective date of Public Act 95-349), each school district shall create and maintain a policy on bullying, which policy must be filed with the State Board of Education. Each school district must communicate its policy on bullying to its students and their parent or guardian on an annual basis. The policy must be updated every 2 years and filed with the State Board of Education after being updated. The State Board of Education shall monitor the implementation of policies created under this subsection (d).

(e) A school district or recognized non-public school employee, volunteer or student, or a student's parent or guardian, who promptly, reasonably, and in good faith reports an incident of harassment, in compliance with the procedures in the policy adopted pursuant to subsection (c) of this Section, to the appropriate school official designated by the school district or recognized non-public school, shall be immune from civil or criminal liability related to the report and to participation in any administrative or judicial proceeding resulting from or relating to the report.

(f) This Section shall not be interpreted to prevent a victim from seeking redress under any other available civil or criminal law. Nothing in this Section is intended to infringe upon the right of a school employee or student to exercise their right of free speech.

(Source: P.A. 94-937, eff. 6-26-06; 95-198, eff. 1-1-08; 95-349, eff. 8-23-07; 95-876, eff. 8-21-08.)

(105 ILCS 5/27-23.9 new)

Sec. 27-23.9. Gang resistance education and training.

(a) The General Assembly finds that the instance of youth delinquent gangs continues to rise on a statewide basis. Given the higher rates of criminal offending among gang members, as well as the availability of increasingly lethal weapons, the level of criminal activity by gang members has taken on new importance for law enforcement agencies, schools, the community, and prevention efforts.

(b) As used in this Section:

"Gang resistance education and training" means and includes instruction in, without limitation, each of the following subject matters when accompanied by a stated objective of reducing gang activity and educating children in grades K through 12 about the consequences of gang involvement:

(1) conflict resolution;

(2) cultural sensitivity;

(3) personal goal setting; and

(4) resisting peer pressure.

(c) Each school district may make suitable provisions for instruction in gang resistance education and training in all grades and include that instruction in the courses of study regularly taught in those grades. For the purposes of gang resistance education and training, a school board must collaborate with State and local law enforcement agencies. The State Board of Education may assist in the development of instructional materials and teacher training in relation to gang resistance education and training.

Section 90. The State Mandates Act is amended by adding Section 8.34 as follows:

(30 ILCS 805/8.34 new)

Sec. 8.34. Exempt mandate. Notwithstanding Sections 6 and 8 of this Act, no reimbursement by the State is required for the implementation of any mandate created by this amendatory Act of the 96th General Assembly.

Section 99. Effective date. This Act takes effect upon becoming law.