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Full Text of SB3266  96th General Assembly

SB3266 96TH GENERAL ASSEMBLY

  
  

 


 
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.


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FISCAL NOTE ACT MAY APPLY
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

 

 

A BILL FOR

 

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1     AN ACT concerning education.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The School Code is amended by changing Section
5 27-23.7 and by adding Section 27-23.9 as follows:
 
6     (105 ILCS 5/27-23.7)
7     Sec. 27-23.7. Bullying prevention education; gang
8 resistance education and training.
9     (a) The General Assembly finds that a safe and civil school
10 environment is necessary for students to learn and achieve and
11 that bullying causes physical, psychological and emotional
12 harm to students and interferes with students' ability to learn
13 and participate in school activities. The General Assembly
14 further finds that bullying has a negative effect on the social
15 environment of schools, creates a climate of fear among
16 students, inhibits their ability to learn, and leads to other
17 antisocial behavior. Bullying behavior has been linked to other
18 forms of antisocial behavior, such as vandalism, shoplifting,
19 skipping and dropping out of school, fighting, using drugs and
20 alcohol, sexual harassment, and sexual violence. Because of the
21 negative outcomes associated with bullying in schools, the
22 General Assembly finds that school districts should educate all
23 students, parents, and school district personnel about what

 

 

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1 behaviors constitute prohibited bullying.
2     Bullying on the basis of actual or perceived race, color,
3 religion, sex, national origin, ancestry, age, marital status,
4 physical or mental disability, military status, sexual
5 orientation, gender-related identity or expression,
6 unfavorable discharge from military service, association with
7 a person or group with one or more of the aforementioned actual
8 or perceived characteristics, or any other distinguishing
9 characteristic is prohibited in all school districts and
10 recognized non-public schools. No student shall be subjected to
11 bullying:
12         (1) during any school-sponsored education program or
13     activity;
14         (2) while in school, on school property, on school
15     buses or other school vehicles, at designated school bus
16     stops waiting for the school bus, or at school-sponsored or
17     school-sanctioned events or activities; or
18         (3) through the transmission of information from a
19     school computer, a school computer network, or other
20     similar electronic school equipment.
21     The General Assembly further finds that the instance of
22 youth delinquent gangs continues to rise on a statewide basis.
23 Given the higher rates of criminal offending among gang
24 members, as well as the availability of increasingly lethal
25 weapons, the level of criminal activity by gang members has
26 taken on new importance for law enforcement agencies, schools,

 

 

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1 the community, and prevention efforts.
2     (b) In this Section:
3     "Bullying" includes any severe or pervasive physical or
4 verbal act or conduct, including communications made in writing
5 or electronically, directed toward a student or students that
6 has or can be reasonably predicted to have the effect of one or
7 more of the following:
8         (1) placing the student or students in reasonable fear
9     of harm to the student's or students' person or property;
10         (2) causing a substantially detrimental effect on the
11     student's or students' physical or mental health;
12         (3) substantially interfering with the student's or
13     students' academic performance; or
14         (4) substantially interfering with the student's or
15     students' ability to participate in or benefit from the
16     services, activities, or privileges provided by a school.
17     Bullying, as defined in this subsection (b), may include
18 without limitation harassment, threats, intimidation,
19 stalking, physical violence, sexual harassment or violence,
20 theft, public humiliation, teasing, social exclusion,
21 destruction of property, or retaliation for asserting or
22 alleging an act of bullying.
23     "Recognized Non-Public School" means any non-public school
24 recognized by the State Board of Education in accordance with
25 Section 2-3.25o of this Code.
26     "School personnel" means persons employed by, on contract

 

 

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1 with, or who volunteer in a school district or recognized
2 non-public school, including without limitation school and
3 school district administrators, teachers, school guidance
4 counselors, school social workers, school counselors, school
5 psychologists, school nurses, cafeteria workers, custodians,
6 bus drivers, school resource officers, and security guards.
7     "Bullying prevention" means and includes instruction in
8 all of the following:
9         (1) Intimidation.
10         (2) Student victimization.
11         (3) Sexual harassment.
12         (4) Sexual violence.
13         (5) Strategies for student-centered problem solving
14     regarding bullying.
15     "Gang resistance education and training" means and
16 includes instruction in, without limitation, each of the
17 following subject matters when accompanied by a stated
18 objective of reducing gang activity and educating children in
19 grades K through 12 about the consequences of gang involvement:
20         (1) Conflict resolution.
21         (2) Cultural sensitivity.
22         (3) Personal goal setting.
23         (4) Resisting peer pressure.
24     (c) By January 1, 2011, every school district and
25 recognized non-public school shall have adopted and have in
26 effect a policy that complies with this subsection (c). Every

 

 

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1 policy required under this subsection (c) must contain, at a
2 minimum, the following components:
3         (1) a definition of bullying that is consistent with
4     that which is set forth in subsections (a) and (b) of this
5     Section;
6         (2) a statement declaring that bullying is contrary to
7     state law and school district policy or the policy of the
8     recognized non-public school;
9         (3) procedure or procedures for reporting bullying,
10     including a provision that permits a person to report
11     bullying anonymously. No formal disciplinary action shall
12     be taken by a school district or recognized non-public
13     school solely on the basis of an anonymous report;
14         (4) a requirement that any school employee who has
15     reliable information that would lead a reasonable person to
16     suspect that a student is a target of bullying shall
17     immediately report it to the person or persons responsible
18     for investigating reports of bullying;
19         (5) an explanation of the procedure or procedures for
20     the prompt investigation of allegations of bullying,
21     including identification of the person or persons
22     responsible for investigating reports of bullying;
23         (6) the timelines that the school district or
24     recognized non-public school will follow to resolve
25     complaints of bullying;
26         (7) a list of the potential consequences for and

 

 

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1     remedial actions that may be taken against an individual
2     who violates the bullying policy; and
3         (8) a list of the potential remedies for and protective
4     actions that may be taken for a student subjected to
5     bullying.
6     With respect to this list of potential remedies, the policy
7 must state that, except to secure their immediate safety or
8 with the consent of the adult who legally enrolled the student,
9 a student ordinarily should not be removed from a class, room,
10 school facility or school district in order to stop ongoing
11 bullying directed at them and if there is a need to separate
12 students for this purpose and to create an environment
13 conducive to learning and respect, it is presumed that the
14 offending students ordinarily should be removed.
15     A school district in every one of its schools, and a
16 recognized non-public school, shall (i) post the policy
17 required in this subsection (c) in an area of the school where
18 notices regarding the rules, regulations, procedures, and
19 standards of conduct are posted; (ii) distribute such policy
20 annually to parents, guardians, and students; (iii) provide the
21 policy to all school personnel at the beginning of each school
22 year and at the time a new employee is hired; and (iv) include
23 the policy on or in the school district's, or recognized
24 non-public school's website, student handbook, student
25 orientation material, or publication that sets forth the rules,
26 procedures, or standards of conduct for students.

 

 

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1     Every policy required by this subsection (c) must be
2 implemented in a manner that is ongoing throughout the school
3 year and integrated with a school's curriculum, a school's
4 discipline policies and other violence prevention efforts.
5 Each school district may make suitable provisions for
6 instruction in bullying prevention and gang resistance
7 education and training in all grades and include such
8 instruction in the courses of study regularly taught therein. A
9 school board may collaborate with a community-based agency
10 providing specialized curricula in bullying prevention whose
11 ultimate outcome is to prevent sexual violence. For the
12 purposes of gang resistance education and training, a school
13 board must collaborate with State and local law enforcement
14 agencies. The State Board of Education may assist in the
15 development of instructional materials and teacher training in
16 relation to bullying prevention and gang resistance education
17 and training.
18     (d) Every school district and recognized non-public school
19 shall maintain data regarding the allegations and incidents of
20 bullying in the school district or recognized non-public
21 school, including a record of each complaint alleging a
22 violation of the bullying policy and the resulting
23 determination made or actions taken, or both, in response to
24 the complaint. Beginning with 2011-2012 school year, every
25 school district and recognized non-public school must submit to
26 the State Board of Education data regarding bullying in a

 

 

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1 format to be determined by the State Board of Education.
2     Subject to funds appropriated for these purposes, the State
3 Board of Education, in collaboration with additional State
4 agencies at its discretion, shall facilitate compliance with
5 this Section by doing the following:
6         (1) preparing model policies applicable to and age
7     appropriate for grades K through 12; and
8         (2) developing a demonstration project under which the
9     State Board of Education shall provide, either directly or
10     through a contract, in-service training and technical
11     assistance regarding bullying to school personnel and
12     students in selected school districts, which project shall
13     do the following:
14             (A) address the causes of bullying and train
15         teachers, administrators, student services personnel,
16         and other school personnel about strategies to prevent
17         bullying and to effectively intervene when such
18         incidents occur;
19             (B) teach students about the consequences of
20         bullying and to effectively intervene when such
21         incidents occur; and
22             (C) evaluate the effects of the in-service
23         training and technical assistance on bullying behavior
24         and its consequences within the school district.
25     The demonstration project shall operate for 2 years,
26     beginning in the 2011-2012 school year, in 5 to 10 school

 

 

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1     districts that meet criteria to be determined by the State
2     Board of Education. Beginning 180 days after August 23,
3     2007 (the effective date of Public Act 95-349), each school
4     district shall create and maintain a policy on bullying,
5     which policy must be filed with the State Board of
6     Education. Each school district must communicate its
7     policy on bullying to its students and their parent or
8     guardian on an annual basis. The policy must be updated
9     every 2 years and filed with the State Board of Education
10     after being updated. The State Board of Education shall
11     monitor the implementation of policies created under this
12     subsection (d).
13     (e) A school district or recognized non-public school
14 employee, volunteer or student, or a student's parent or
15 guardian, who promptly, reasonably, and in good faith reports
16 an incident of harassment, in compliance with the procedures in
17 the policy adopted pursuant to subsection (c) of this Section,
18 to the appropriate school official designated by the school
19 district or recognized non-public school, shall be immune from
20 civil or criminal liability related to the report and to
21 participation in any administrative or judicial proceeding
22 resulting from or relating to the report.
23     (f) This Section shall not be interpreted to prevent a
24 victim from seeking redress under any other available civil or
25 criminal law. Nothing in this Section is intended to infringe
26 upon the right of a school employee or student to exercise

 

 

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1 their right of free speech.
2 (Source: P.A. 94-937, eff. 6-26-06; 95-198, eff. 1-1-08;
3 95-349, eff. 8-23-07; 95-876, eff. 8-21-08.)
 
4     (105 ILCS 5/27-23.9 new)
5     Sec. 27-23.9. Gang resistance education and training.
6     (a) The General Assembly finds that the instance of youth
7 delinquent gangs continues to rise on a statewide basis. Given
8 the higher rates of criminal offending among gang members, as
9 well as the availability of increasingly lethal weapons, the
10 level of criminal activity by gang members has taken on new
11 importance for law enforcement agencies, schools, the
12 community, and prevention efforts.
13     (b) As used in this Section:
14     "Gang resistance education and training" means and
15 includes instruction in, without limitation, each of the
16 following subject matters when accompanied by a stated
17 objective of reducing gang activity and educating children in
18 grades K through 12 about the consequences of gang involvement:
19         (1) conflict resolution;
20         (2) cultural sensitivity;
21         (3) personal goal setting; and
22         (4) resisting peer pressure.
23     (c) Each school district may make suitable provisions for
24 instruction in gang resistance education and training in all
25 grades and include that instruction in the courses of study

 

 

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1 regularly taught in those grades. For the purposes of gang
2 resistance education and training, a school board must
3 collaborate with State and local law enforcement agencies. The
4 State Board of Education may assist in the development of
5 instructional materials and teacher training in relation to
6 gang resistance education and training.
 
7     Section 90. The State Mandates Act is amended by adding
8 Section 8.34 as follows:
 
9     (30 ILCS 805/8.34 new)
10     Sec. 8.34. Exempt mandate. Notwithstanding Sections 6 and 8
11 of this Act, no reimbursement by the State is required for the
12 implementation of any mandate created by this amendatory Act of
13 the 96th General Assembly.
 
14     Section 99. Effective date. This Act takes effect upon
15 becoming law.