Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau
Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts
soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide
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105 ILCS 5/27-23.6
(105 ILCS 5/27-23.6)
(a) The General Assembly finds that there is a significant increase in
the schools and that much of that violence is the result of intergroup
General Assembly further finds that anti-bias education and intergroup conflict
are effective methods for preventing violence and lessening tensions in the
schools and that these methods are most effective when they are respectful of
individuals and their divergent viewpoints and religious beliefs, which
are protected by the First Amendment to the Constitution of the United States.
(b) Beginning with the 2002-2003 school year, public elementary and
schools may incorporate activities to address intergroup conflict, with the
improving intergroup relations on and beyond the school campus, defusing
tensions, and promoting peaceful resolution of conflict.
The activities must be respectful of individuals and their divergent
religious beliefs, which are protected by the First Amendment
to the Constitution of the United States.
Such activities may
include, but not be limited to,
instruction and teacher training programs.
(c) A school board that adopts a policy to incorporate activities to address
intergroup conflict as authorized under subsection (b) of this Section shall
make information available to the public
that describes the manner in which the board has implemented the
authority granted to it in this Section. The means for disseminating this
information (i) shall include posting the information on the school
district's Internet web site, if any, and making the information available,
upon request, in district offices, and (ii) may include without limitation
incorporating the information in a student handbook and including the
information in a district newsletter.
(Source: P.A. 92-763, eff. 8-6-02.)
105 ILCS 5/27-23.7
(105 ILCS 5/27-23.7)
(a) The General Assembly finds that a safe and civil school environment is necessary for students to learn and achieve and that bullying causes physical, psychological, and emotional harm to students and interferes with students' ability to learn and participate in school activities. The General Assembly further finds that bullying has been linked to other forms of antisocial behavior, such as vandalism, shoplifting, skipping and dropping out of school, fighting, using drugs and alcohol, sexual harassment, and sexual violence. Because of the negative outcomes associated with bullying in schools, the General Assembly finds that school districts, charter schools, and non-public, non-sectarian elementary and secondary schools should educate students, parents, and school district, charter school, or non-public, non-sectarian elementary or secondary school personnel about what behaviors constitute prohibited bullying.
Bullying on the basis of actual or perceived race, color, religion, sex, national origin, ancestry, age, marital status, physical or mental disability, military status, sexual orientation, gender-related identity or expression, unfavorable discharge from military service, association with a person or group with one or more of the aforementioned actual or perceived characteristics, or any other distinguishing characteristic is prohibited in all school districts, charter schools, and non-public, non-sectarian elementary and secondary schools.
No student shall be subjected to bullying:
(1) during any school-sponsored education program or
(2) while in school, on school property, on school
buses or other school vehicles, at designated school bus stops waiting for the school bus, or at school-sponsored or school-sanctioned events or activities;
(3) through the transmission of information from a
school computer, a school computer network, or other similar electronic school equipment; or
(4) through the transmission of information from a
computer that is accessed at a nonschool-related location, activity, function, or program or from the use of technology or an electronic device that is not owned, leased, or used by a school district or school if the bullying causes a substantial disruption to the educational process or orderly operation of a school. This item (4) applies only in cases in which a school administrator or teacher receives a report that bullying through this means has occurred and does not require a district or school to staff or monitor any nonschool-related activity, function, or program.
(a-5) Nothing in this Section is intended to infringe upon any right to exercise free expression or the free exercise of religion or religiously based views protected under the First Amendment to the United States Constitution or under Section 3 of Article I of the Illinois Constitution.
(b) In this Section:
"Bullying" includes "cyber-bullying" and means any severe or pervasive physical or verbal act or conduct, including communications made in writing or electronically, directed toward a student or students that has or can be reasonably predicted to have the effect of one or more of the following:
(1) placing the student or students in reasonable
fear of harm to the student's or students' person or property;
(2) causing a substantially detrimental effect on the
student's or students' physical or mental health;
(3) substantially interfering with the student's or
students' academic performance; or
(4) substantially interfering with the student's or
students' ability to participate in or benefit from the services, activities, or privileges provided by a school.
Bullying, as defined in this subsection (b), may take various forms, including without limitation one or more of the following: harassment, threats, intimidation, stalking, physical violence, sexual harassment, sexual violence, theft, public humiliation, destruction of property, or retaliation for asserting or alleging an act of bullying. This list is meant to be illustrative and non-exhaustive.
"Cyber-bullying" means bullying through the use of technology or any electronic communication, including without limitation any transfer of signs, signals, writing, images, sounds, data, or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic system, photoelectronic system, or photooptical system, including without limitation electronic mail, Internet communications, instant messages, or facsimile communications. "Cyber-bullying" includes the creation of a webpage or weblog in which the creator assumes the identity of another person or the knowing impersonation of another person as the author of posted content or messages if the creation or impersonation creates any of the effects enumerated in the definition of bullying in this Section. "Cyber-bullying" also includes the distribution by electronic means of a communication to more than one person or the posting of material on an electronic medium that may be accessed by one or more persons if the distribution or posting creates any of the effects enumerated in the definition of bullying in this Section.
"Policy on bullying" means a bullying prevention policy that meets the following criteria:
(1) Includes the bullying definition provided in this
(2) Includes a statement that bullying is contrary to
State law and the policy of the school district, charter school, or non-public, non-sectarian elementary or secondary school and is consistent with subsection (a-5) of this Section.
(3) Includes procedures for promptly reporting
bullying, including, but not limited to, identifying and providing the school e-mail address (if applicable) and school telephone number for the staff person or persons responsible for receiving such reports and a procedure for anonymous reporting; however, this shall not be construed to permit formal disciplinary action solely on the basis of an anonymous report.
(4) Consistent with federal and State laws and rules
governing student privacy rights, includes procedures for promptly informing parents or guardians of all students involved in the alleged incident of bullying and discussing, as appropriate, the availability of social work services, counseling, school psychological services, other interventions, and restorative measures.
(5) Contains procedures for promptly investigating
and addressing reports of bullying, including the following:
(A) Making all reasonable efforts to complete the
investigation within 10 school days after the date the report of the incident of bullying was received and taking into consideration additional relevant information received during the course of the investigation about the reported incident of bullying.
(B) Involving appropriate school support
personnel and other staff persons with knowledge, experience, and training on bullying prevention, as deemed appropriate, in the investigation process.
(C) Notifying the principal or school
administrator or his or her designee of the report of the incident of bullying as soon as possible after the report is received.
(D) Consistent with federal and State laws and
rules governing student privacy rights, providing parents and guardians of the students who are parties to the investigation information about the investigation and an opportunity to meet with the principal or school administrator or his or her designee to discuss the investigation, the findings of the investigation, and the actions taken to address the reported incident of bullying.
(6) Includes the interventions that can be taken to
address bullying, which may include, but are not limited to, school social work services, restorative measures, social-emotional skill building, counseling, school psychological services, and community-based services.
(7) Includes a statement prohibiting reprisal or
retaliation against any person who reports an act of bullying and the consequences and appropriate remedial actions for a person who engages in reprisal or retaliation.
(8) Includes consequences and appropriate remedial
actions for a person found to have falsely accused another of bullying as a means of retaliation or as a means of bullying.
(9) Is based on the engagement of a range of school
stakeholders, including students and parents or guardians.
(10) Is posted on the school district's, charter
school's, or non-public, non-sectarian elementary or secondary school's existing Internet website, is included in the student handbook, and, where applicable, posted where other policies, rules, and standards of conduct are currently posted in the school and provided periodically throughout the school year to students and faculty, and is distributed annually to parents, guardians, students, and school personnel, including new employees when hired.
(11) As part of the process of reviewing and
re-evaluating the policy under subsection (d) of this Section, contains a policy evaluation process to assess the outcomes and effectiveness of the policy that includes, but is not limited to, factors such as the frequency of victimization; student, staff, and family observations of safety at a school; identification of areas of a school where bullying occurs; the types of bullying utilized; and bystander intervention or participation. The school district, charter school, or non-public, non-sectarian elementary or secondary school may use relevant data and information it already collects for other purposes in the policy evaluation. The information developed as a result of the policy evaluation must be made available on the Internet website of the school district, charter school, or non-public, non-sectarian elementary or secondary school. If an Internet website is not available, the information must be provided to school administrators, school board members, school personnel, parents, guardians, and students.
(12) Is consistent with the policies of the school
board, charter school, or non-public, non-sectarian elementary or secondary school.
"Restorative measures" means a continuum of school-based alternatives to exclusionary discipline, such as suspensions and expulsions, that: (i) are adapted to the particular needs of the school and community, (ii) contribute to maintaining school safety, (iii) protect the integrity of a positive and productive learning climate, (iv) teach students the personal and interpersonal skills they will need to be successful in school and society, (v) serve to build and restore relationships among students, families, schools, and communities, and (vi) reduce the likelihood of future disruption by balancing accountability with an understanding of students' behavioral health needs in order to keep students in school.
"School personnel" means persons employed by, on contract with, or who volunteer in a school district, charter school, or non-public, non-sectarian elementary or secondary school, including without limitation school and school district administrators, teachers, school guidance counselors, school social workers, school counselors, school psychologists, school nurses, cafeteria workers, custodians, bus drivers, school resource officers, and security guards.
(d) Each school district, charter school, and non-public, non-sectarian elementary or secondary school shall create, maintain, and implement a policy on bullying, which policy must be filed with the State Board of Education. The policy or implementing procedure shall include a process to investigate whether a reported act of bullying is within the permissible scope of the district's or school's jurisdiction and shall require that the district or school provide the victim with information regarding services that are available within the district and community, such as counseling, support services, and other programs. School personnel available for help with a bully or to make a report about bullying shall be made known to parents or legal guardians, students, and school personnel. Every 2 years, each school district, charter school, and non-public, non-sectarian elementary or secondary school shall conduct a review and re-evaluation of its policy and make any necessary and appropriate revisions. The policy must be filed with the State Board of Education after being updated. The State Board of Education shall monitor and provide technical support for the implementation of policies created under this subsection (d).
(e) This Section shall not be interpreted to prevent a victim from seeking redress under any other available civil or criminal law.
(Source: P.A. 99-78, eff. 7-20-15; 100-137, eff. 8-18-17.)
105 ILCS 5/27-23.8
(105 ILCS 5/27-23.8)
Disability history and awareness.
(a) A school district shall provide instruction on disability history, people with disabilities, and the disability rights movement. Instruction may be included in those courses that the school district chooses. This instruction must be founded on the principle that all students, including students with disabilities, have the right to exercise self-determination. When possible, individuals with disabilities should be incorporated into the development and delivery of this instruction. This instruction may be supplemented by knowledgeable guest speakers from the disability community. A school board may collaborate with community-based organizations, such as centers for independent living, parent training and information centers, and other consumer-driven groups, and disability membership organizations in creating this instruction.
(b) The State Board of Education may prepare and make available to all school boards resource materials that may be used as guidelines for the development of instruction for disability history and awareness under this Section.
(c) Each school board shall determine the minimum amount of instructional time required under this Section.
(d) The regional superintendent of schools shall monitor a school district's compliance with this Section's curricular requirement during his or her annual compliance visit.
(Source: P.A. 96-191, eff. 1-1-10.)
105 ILCS 5/27-23.9
(105 ILCS 5/27-23.9)
(Source: P.A. 96-952, eff. 6-28-10. Repealed internally, eff. 3-2-11.)
105 ILCS 5/27-23.10
(105 ILCS 5/27-23.10)
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 and non-public, non-sectarian elementary or secondary school in this State 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 or the governing body of a non-public, non-sectarian elementary or secondary school 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.
(Source: P.A. 96-952, eff. 6-28-10.)
105 ILCS 5/27-23.11
(105 ILCS 5/27-23.11)
(Text of Section from P.A. 100-1056)
Traffic injury prevention; policy.
The school board of a school district that maintains any of grades kindergarten through 8 shall adopt a policy on educating students on the effective methods of preventing and avoiding traffic injuries related to walking and bicycling, which education must be made available to students in grades kindergarten through 8.
(Source: P.A. 100-1056, eff. 8-24-18.)
(Text of Section from P.A. 100-1139)
Emotional Intelligence and Social and Emotional Learning Task Force.
The Emotional Intelligence and Social and Emotional Learning Task Force is created to develop curriculum and assessment guidelines and best practices on emotional intelligence and social and emotional learning. The Task Force shall consist of the State Superintendent of Education or his or her designee and all of the following members, appointed by the State Superintendent:
(1) A representative of a school district organized
under Article 34 of this Code.
(2) A representative of a statewide organization
representing school boards.
(3) A representative of a statewide organization
representing individuals holding professional educator licenses with school support personnel endorsements under Article 21B of this Code, including school social workers, school psychologists, and school nurses.
(4) A representative of a statewide organization
representing children's mental health experts.
(5) A representative of a statewide organization
representing school principals.
(6) An employee of a school under Article 13A of this
(7) A school psychologist employed by a school
(8) Representatives of other appropriate State
agencies, as determined by the State Superintendent.
Members appointed by the State Superintendent shall serve without compensation but shall be reimbursed for their reasonable and necessary expenses from funds appropriated to the State Board of Education for that purpose, including travel, subject to the rules of the appropriate travel control board. The Task Force shall meet at the call of the State Superintendent. The State Board of Education shall provide administrative and other support to the Task Force.
The Task Force shall develop age-appropriate, emotional intelligence and social and emotional learning curriculum and assessment guidelines and best practices for elementary schools and high schools. The guidelines shall, at a minimum, include teaching how to recognize, direct, and positively express emotions. The Task Force shall complete the guidelines on or before January 1, 2019. Upon completion of the guidelines the Task Force is dissolved.
(Source: P.A. 100-1139, eff. 11-28-18.)