98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB5427

 

Introduced , by Rep. John M. Cabello

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the State Finance Act, the School Code, and the Board of Higher Education Act. Sets forth provisions concerning staff instruction in suicide prevention; an annual report on violence, vandalism, and harassment, intimidation, or bullying; a guidance document for student harassment, intimidation, and bullying complaints; an online tutorial on harassment, intimidation, and bullying; school board training on harassment, intimidation, and bullying; an educator licensure program on harassment, intimidation, and bullying prevention; the reporting, by school employees, of acts of violence, vandalism, and harassment, intimidation, or bullying; causes for suspension or expulsion of pupils; a school district policy and a public institution of higher education policy prohibiting harassment, intimidation, or bullying; a prohibition on reprisals, retaliation, and false accusations; the establishment of bullying prevention programs; the appointment of a school anti-bullying specialist and a district anti-bullying coordinator; the formation of school safety teams; the establishment of a formal protocol for investigating a complaint; and the creation of the Bullying Prevention Fund. Effective June 1, 2015.


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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,
3represented in the General Assembly:
 
4    Section 5. The State Finance Act is amended by adding
5Section 5.855 as follows:
 
6    (30 ILCS 105/5.855 new)
7    Sec. 5.855. The Bullying Prevention Fund.
 
8    Section 10. The School Code is amended by adding Sections
92-3.160, 2-3.165, 2-3.170, 2-3.175, 21B-28, 22-80.5, 22-80.10,
1022-80.15, 22-80.20, 22-80.25, 22-80.30, 22-80.35, 22-80.40,
1122-80.45, and 22-80.50 and by changing Sections 10-16a,
1210-22.6, 27-23.7, 34-3.2, 34-18.7, and 34-19 as follows:
 
13    (105 ILCS 5/2-3.160 new)
14    Sec. 2-3.160. Instruction in suicide prevention for public
15school teaching staff. The State Board of Education, in
16consultation with the Illinois Suicide Prevention Alliance,
17shall, as part of professional development, require each public
18school teaching staff member to complete at least 2 hours of
19instruction in suicide prevention, to be provided by a licensed
20health care professional with training and experience in mental
21health issues, in each professional development period. The

 

 

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1instruction in suicide prevention shall include information on
2the relationship between the risk of suicide and incidents of
3harassment, intimidation, and bullying and information on
4reducing the risk of suicide in students who are members of
5communities identified as having members at high risk of
6suicide.
 
7    (105 ILCS 5/2-3.165 new)
8    Sec. 2-3.165. Report on violence, vandalism, and
9harassment, intimidation, or bullying in public schools. The
10State Board of Education shall, each year, submit a report to
11the General Assembly detailing the extent of violence,
12vandalism, and harassment, intimidation, or bullying in the
13public schools and making recommendations to alleviate the
14problem. The report shall be made available annually to the
15public no later than October 1 and shall be posted on the State
16Board of Education's Internet website.
 
17    (105 ILCS 5/2-3.170 new)
18    Sec. 2-3.170. Guidance document; student harassment,
19intimidation, and bullying complaints.
20    (a) The State Board of Education, in consultation with the
21Department of Human Rights, shall develop a guidance document
22for use by parents or guardians, students, and school districts
23to assist in resolving complaints concerning student
24harassment, intimidation, or bullying behaviors and the

 

 

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1implementation of Sections 22-80.5 through 22-80.40 of this
2Code 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
19Board of Education's and the Department of Human Rights'
20Internet websites and on every school district's Internet
21website at an easily accessible location.
 
22    (105 ILCS 5/2-3.175 new)
23    Sec. 2-3.175. Online tutorial on harassment, intimidation,
24and bullying. The State Superintendent of Education shall
25develop, in consultation with the Department of Human Rights,

 

 

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1and make available on the State Board of Education's Internet
2website an online tutorial on harassment, intimidation, and
3bullying. The online tutorial shall, at a minimum, include best
4practices in the prevention of harassment, intimidation, and
5bullying, applicable laws, and such other information that the
6State Superintendent of Education determines to be
7appropriate. The online tutorial shall be accompanied by a test
8to assess a person's understanding of the information provided
9in the tutorial.
 
10    (105 ILCS 5/10-16a)
11    Sec. 10-16a. School board member member's leadership
12training.
13    (a) This Section applies to all school board members
14serving pursuant to Section 10-10 of this Code who have been
15elected after the effective date of this amendatory Act of the
1697th General Assembly or appointed to fill a vacancy of at
17least one year's duration after the effective date of this
18amendatory Act of the 97th General Assembly.
19    (b) Every voting member of a school board of a school
20district elected or appointed for a term beginning after the
21effective date of this amendatory Act of the 97th General
22Assembly, within a year after the effective date of this
23amendatory Act of the 97th General Assembly or the first year
24of his or her first term, shall complete a minimum of 4 hours
25of professional development leadership training covering

 

 

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1topics in education and labor law, financial oversight and
2accountability, and fiduciary responsibilities of a school
3board member. The school district shall maintain on its
4Internet website, if any, the names of all voting members of
5the school board who have successfully completed the training.
6    (c) The training on financial oversight, accountability,
7and fiduciary responsibilities may be provided by an
8association established under this Code for the purpose of
9training school board members or by other qualified providers
10approved by the State Board of Education, in consultation with
11an association so established.
12    (d) Each member of a school board shall receive training on
13harassment, intimidation, and bullying in schools. The
14training on harassment, intimidation, and bullying in schools
15shall be provided by the Illinois Association of School Boards,
16in consultation with recognized experts in school bullying from
17a cross section of academia, child advocacy organizations,
18nonprofit organizations, professional associations, and
19government agencies.
20(Source: P.A. 97-8, eff. 6-13-11.)
 
21    (105 ILCS 5/10-22.6)  (from Ch. 122, par. 10-22.6)
22    Sec. 10-22.6. Suspension or expulsion of pupils; school
23searches.
24    (a) To expel pupils guilty of gross disobedience or
25misconduct, including gross disobedience or misconduct

 

 

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1perpetuated by electronic means, and no action shall lie
2against them for such expulsion. Expulsion shall take place
3only after the parents have been requested to appear at a
4meeting of the board, or with a hearing officer appointed by
5it, to discuss their child's behavior. Such request shall be
6made by registered or certified mail and shall state the time,
7place and purpose of the meeting. The board, or a hearing
8officer appointed by it, at such meeting shall state the
9reasons for dismissal and the date on which the expulsion is to
10become effective. If a hearing officer is appointed by the
11board he shall report to the board a written summary of the
12evidence heard at the meeting and the board may take such
13action thereon as it finds appropriate. An expelled pupil may
14be immediately transferred to an alternative program in the
15manner provided in Article 13A or 13B of this Code. A pupil
16must not be denied transfer because of the expulsion, except in
17cases in which such transfer is deemed to cause a threat to the
18safety of students or staff in the alternative program.
19    (b) To suspend or by policy to authorize the superintendent
20of the district or the principal, assistant principal, or dean
21of students of any school to suspend pupils guilty of gross
22disobedience or misconduct, or to suspend pupils guilty of
23gross disobedience or misconduct on the school bus from riding
24the school bus, and no action shall lie against them for such
25suspension. The board may by policy authorize the
26superintendent of the district or the principal, assistant

 

 

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1principal, or dean of students of any school to suspend pupils
2guilty of such acts for a period not to exceed 10 school days.
3If a pupil is suspended due to gross disobedience or misconduct
4on a school bus, the board may suspend the pupil in excess of
510 school days for safety reasons. Any suspension shall be
6reported immediately to the parents or guardian of such pupil
7along with a full statement of the reasons for such suspension
8and a notice of their right to a review. The school board must
9be given a summary of the notice, including the reason for the
10suspension and the suspension length. Upon request of the
11parents or guardian the school board or a hearing officer
12appointed by it shall review such action of the superintendent
13or principal, assistant principal, or dean of students. At such
14review the parents or guardian of the pupil may appear and
15discuss the suspension with the board or its hearing officer.
16If a hearing officer is appointed by the board he shall report
17to the board a written summary of the evidence heard at the
18meeting. After its hearing or upon receipt of the written
19report of its hearing officer, the board may take such action
20as it finds appropriate. A pupil who is suspended in excess of
2120 school days may be immediately transferred to an alternative
22program in the manner provided in Article 13A or 13B of this
23Code. A pupil must not be denied transfer because of the
24suspension, except in cases in which such transfer is deemed to
25cause a threat to the safety of students or staff in the
26alternative program.

 

 

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1    (c) The Department of Human Services shall be invited to
2send a representative to consult with the board at such meeting
3whenever there is evidence that mental illness may be the cause
4for expulsion or suspension.
5    (d) The board may expel a student for a definite period of
6time not to exceed 2 calendar years, as determined on a case by
7case basis. A student who is determined to have brought one of
8the following objects to school, any school-sponsored activity
9or event, or any activity or event that bears a reasonable
10relationship to school shall be expelled for a period of not
11less 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.
3Expulsion or suspension shall be construed in a manner
4consistent with the Federal Individuals with Disabilities
5Education Act. A student who is subject to suspension or
6expulsion as provided in this Section may be eligible for a
7transfer to an alternative school program in accordance with
8Article 13A of the School Code. The provisions of this
9subsection (d) apply in all school districts, including special
10charter districts and districts organized under Article 34.
11    (d-5) The board may suspend or by regulation authorize the
12superintendent of the district or the principal, assistant
13principal, or dean of students of any school to suspend a
14student for a period not to exceed 10 school days or may expel
15a student for a definite period of time not to exceed 2
16calendar years, as determined on a case by case basis, if (i)
17that student has been determined to have made an explicit
18threat on an Internet website against a school employee, a
19student, or any school-related personnel, (ii) the Internet
20website through which the threat was made is a site that was
21accessible within the school at the time the threat was made or
22was available to third parties who worked or studied within the
23school grounds at the time the threat was made, and (iii) the
24threat could be reasonably interpreted as threatening to the
25safety and security of the threatened individual because of his
26or her duties or employment status or status as a student

 

 

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1inside the school. The provisions of this subsection (d-5)
2apply in all school districts, including special charter
3districts and districts organized under Article 34 of this
4Code.
5    (d-10) A student may also be suspended or expelled for
6those reasons specified under Section 22-80.15 of this Code.
7    (e) To maintain order and security in the schools, school
8authorities may inspect and search places and areas such as
9lockers, desks, parking lots, and other school property and
10equipment owned or controlled by the school, as well as
11personal effects left in those places and areas by students,
12without notice to or the consent of the student, and without a
13search warrant. As a matter of public policy, the General
14Assembly finds that students have no reasonable expectation of
15privacy in these places and areas or in their personal effects
16left in these places and areas. School authorities may request
17the assistance of law enforcement officials for the purpose of
18conducting inspections and searches of lockers, desks, parking
19lots, and other school property and equipment owned or
20controlled by the school for illegal drugs, weapons, or other
21illegal or dangerous substances or materials, including
22searches conducted through the use of specially trained dogs.
23If a search conducted in accordance with this Section produces
24evidence that the student has violated or is violating either
25the law, local ordinance, or the school's policies or rules,
26such evidence may be seized by school authorities, and

 

 

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1disciplinary action may be taken. School authorities may also
2turn over such evidence to law enforcement authorities. The
3provisions of this subsection (e) apply in all school
4districts, including special charter districts and districts
5organized under Article 34.
6    (f) Suspension or expulsion may include suspension or
7expulsion from school and all school activities and a
8prohibition from being present on school grounds.
9    (g) A school district may adopt a policy providing that if
10a student is suspended or expelled for any reason from any
11public or private school in this or any other state, the
12student must complete the entire term of the suspension or
13expulsion in an alternative school program under Article 13A of
14this Code or an alternative learning opportunities program
15under Article 13B of this Code before being admitted into the
16school district if there is no threat to the safety of students
17or staff in the alternative program. This subsection (g)
18applies to all school districts, including special charter
19districts and districts organized under Article 34 of this
20Code.
21(Source: P.A. 96-633, eff. 8-24-09; 96-998, eff. 7-2-10;
2297-340, eff. 1-1-12; 97-495, eff. 1-1-12; 97-813, eff. 7-13-12;
2397-1150, eff. 1-25-13.)
 
24    (105 ILCS 5/21B-28 new)
25    Sec. 21B-28. Harassment, intimidation, and bullying

 

 

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1prevention program and professional development required.
2    (a) All candidates for professional educator licensure who
3have completed an approved educator preparation program shall
4satisfactorily complete a program on harassment, intimidation,
5and bullying prevention.
6    (b) All candidates for educator licensure with
7stipulations with an alternative provisional educator
8endorsement shall, within one year of being employed,
9satisfactorily complete a program on harassment, intimidation,
10and bullying prevention.
11    (c) All candidates for general administrative, principal,
12and superintendent endorsements shall have satisfactorily
13completed a program on harassment, intimidation, and bullying
14prevention.
15    (d) The State Board of Education shall establish the
16appropriate requirements of the program on harassment,
17intimidation, and bullying prevention.
18    (e) The State Board of Education shall, as part of the
19professional development for public school teachers, require
20each public school teacher to complete at least 2 hours of
21instruction on harassment, intimidation, or bullying
22prevention in each professional development period.
 
23    (105 ILCS 5/22-80.5 new)
24    Sec. 22-80.5. Harassment, intimidation, and bullying
25prevention requirements; application.

 

 

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1    (a) Sections 22-80.10 through 22-80.50 of this Code apply
2only to public schools and school districts. Nonpublic schools
3are encouraged to comply with Sections 22-80.10 through
422-80.45 of this Code. In the case of a faith-based nonpublic
5school, no provision of this Section shall be interpreted to
6prohibit or abridge the legitimate statement, expression, or
7free exercise of the beliefs or tenets of that faith by the
8religious organization operating the school or by the school's
9faculty, staff, or student body.
10    (b) Nothing contained in Sections 22-80.10 through
1122-80.50 of this Code shall alter or reduce the rights of a
12student with a disability with regard to disciplinary actions
13or to general or special educational services and supports.
14    (c) Nothing contained in Sections 22-80.10 through
1522-80.50 of this Code shall be construed as affecting the
16provisions of any collective bargaining agreement or
17individual contract of employment in effect on the effective
18date 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
21prevention; reporting of acts by school employees.
22    (a) Any school employee observing or having direct
23knowledge from a participant or victim of an act of violence,
24vandalism, or harassment, intimidation, or bullying shall, in
25accordance with standards established by the State

 

 

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1Superintendent of Education, file a report describing the
2incident to the school principal in a manner prescribed by the
3State Superintendent of Education, and a copy of the report
4shall be forwarded to the district superintendent.
5    The principal shall notify the district superintendent of
6the action taken regarding the incident. Two times each school
7year, between September 1 and January 1 and between January 1
8and June 30, at a public hearing, the superintendent shall
9report to the school board all acts of violence, vandalism, and
10harassment, intimidation, or bullying that occurred during the
11previous reporting period. The report shall include the number
12of reports of harassment, intimidation, or bullying, the status
13of all investigations, the nature of the bullying, the names of
14the investigators, the type and nature of any discipline
15imposed on any student engaged in harassment, intimidation, or
16bullying, and any other measures imposed, training conducted,
17or programs implemented to reduce harassment, intimidation, or
18bullying. The information shall also be reported once during
19each reporting period to the State Board of Education. The
20report must include data broken down by each school in the
21district, in addition to district-wide data. It shall be a
22violation to improperly release any confidential information
23not authorized by federal or State law for public release.
24    (b) The report under subsection (a) of this Section shall
25be used to grade each school for the purpose of assessing its
26effort to implement policies and programs consistent with the

 

 

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1provisions of Sections 22-80.20 and 22-80.30 of this Code. The
2district shall receive a grade determined by averaging the
3grades of all the schools in the district. The State
4Superintendent of Education shall promulgate guidelines for a
5program to grade schools for the purposes of this Section.
6    The grade received by a school and the district shall be
7posted on the homepage of the school's Internet website. The
8grade for the district and each school of the district shall be
9posted on the homepage of the district's Internet website. A
10link to the report shall be available on the district's
11Internet website. The information shall be posted on the
12Internet websites within 10 days after the receipt of a grade
13by the school and district.
14    (c) Verification of the reports on violence, vandalism, and
15harassment, intimidation, or bullying shall be part of this
16State's monitoring of the school district, and the State Board
17of Education shall adopt rules that impose a penalty on a
18school employee who knowingly falsifies the report. A school
19board shall provide ongoing staff training, in cooperation with
20the State Board of Education, in fulfilling the reporting
21requirements pursuant to this Section. The majority
22representative of the school employees shall have access
23monthly to the number and disposition of all reported acts of
24school violence, vandalism, and harassment, intimidation, or
25bullying.
26    (d) It shall be unlawful for any school board to discharge

 

 

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1or in any manner discriminate against a school employee as to
2his or her employment because the employee had filed a report
3pursuant to this Section. Any employee discriminated against
4shall be restored to his or her employment and shall be
5compensated by the school board for any loss of wages arising
6out of the discrimination; however, if the employee shall cease
7to be qualified to perform the duties of his or her employment,
8he or she shall not be entitled to restoration and
9compensation.
 
10    (105 ILCS 5/22-80.15 new)
11    Sec. 22-80.15. Harassment, intimidation, and bullying
12prevention; cause for suspension or expulsion of pupils.
13    (a) In this Section:
14    "Electronic communication" means a communication
15transmitted by means of an electronic device, including, but
16not limited to, a telephone, cellular phone, computer, or
17pager.
18    "Harassment, intimidation, or bullying" means any gesture,
19any written, verbal, or physical act, or any electronic
20communication, whether it be a single incident or a series of
21incidents, that is reasonably perceived as being motivated
22either by any actual or perceived characteristic, such as race,
23color, religion, ancestry, national origin, gender, sexual
24orientation, gender identity and expression, or a mental,
25physical, or sensory disability, or by any other distinguishing

 

 

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1characteristic, that takes place on school property, at any
2school-sponsored function, on a school bus, or off school
3grounds, that substantially disrupts or interferes with the
4orderly operation of the school or the rights of other
5students, 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
19disobedience or of open defiance of the authority of any
20teacher or person having authority over him or her or of the
21habitual use of profanity or of obscene language or who shall
22cut, deface, or otherwise injure any school property shall be
23liable to punishment and to suspension or expulsion from
24school.
25    Conduct which shall constitute good cause for suspension or
26expulsion of a pupil guilty of such conduct shall include, but

 

 

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1not 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

 

 

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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,
8intimidation, or bullying.
9    (a) Each school district shall adopt a policy prohibiting
10harassment, intimidation, or bullying on school property, at a
11school-sponsored function, or on a school bus. The school
12district shall adopt the policy through a process that includes
13representation of parents or guardians, school employees,
14volunteers, students, administrators, and community
15representatives.
16    (b) A school district shall have local control over the
17content of the policy, except that the policy shall contain, at
18a 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.

 

 

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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

 

 

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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.

 

 

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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,

 

 

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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

 

 

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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

 

 

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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
7against harassment, intimidation, or bullying shall be
8incorporated into a school's employee training program and
9shall be provided to full-time and part-time staff, volunteers
10who have significant contact with students, and those persons
11contracted by the district to provide services to students.
12    (d) The policy adopted by each school district pursuant to
13this Section shall include provisions for appropriate
14responses to harassment, intimidation, or bullying, as defined
15in Section 22-80.15 of this Code, that occurs off school
16grounds, in cases in which a school employee is made aware of
17such actions. The responses to harassment, intimidation, or
18bullying that occurs off school grounds shall be consistent
19with the school board's code of student conduct and other
20provisions of the school board's policy on harassment,
21intimidation, or bullying.
 
22    (105 ILCS 5/22-80.25 new)
23    Sec. 22-80.25. Victim of or witness to act of harassment,
24intimidation, or bullying; reprisal, retaliation, and false
25accusation prohibited.

 

 

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1    (a) A member of a school board, school employee, student,
2or school volunteer may not engage in reprisal, retaliation, or
3false accusation against a victim, witness, or one with
4reliable information about an act of harassment, intimidation,
5or bullying.
6    (b) A member of a school board, school employee, contracted
7service provider, student, or school volunteer who has
8witnessed or has reliable information that a student has been
9subject to harassment, intimidation, or bullying shall report
10the incident to the appropriate school official designated by
11the school district's policy under Section 22-80.20 of this
12Code or to any school administrator or safe schools resource
13officer, who shall immediately initiate the school district's
14procedures concerning school bullying.
15    (c) A member of a school board or a school employee who
16promptly reports an incident of harassment, intimidation, or
17bullying to the appropriate school official designated by the
18school district's policy under Section 22-80.20 of this Code or
19to any school administrator or safe schools resource officer
20and who makes this report in compliance with the procedures in
21the district's policy is immune from a cause of action for
22damages arising from any failure to remedy the reported
23incident.
24    (d) A school administrator who receives a report of
25harassment, intimidation, or bullying from a district employee
26and fails to initiate or conduct an investigation or who should

 

 

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1have known of an incident of harassment, intimidation, or
2bullying and fails to take sufficient action to minimize or
3eliminate the harassment, intimidation, or bullying may be
4subject to disciplinary action.
 
5    (105 ILCS 5/22-80.30 new)
6    Sec. 22-80.30. Establishment of bullying prevention
7programs.
8    (a) Schools and school districts shall annually establish,
9implement, document, and assess bullying prevention programs
10or approaches and other initiatives involving school staff,
11students, administrators, school volunteers, parents, law
12enforcement, and community members. The programs or approaches
13shall be designed to create school-wide conditions to prevent
14and address harassment, intimidation, and bullying.
15    A school district may implement bullying prevention
16programs and approaches that may be available at no cost from
17the State Board of Education or any other entity. A school
18district may, at its own discretion, implement bullying
19prevention programs and approaches that impose a cost on the
20district. A school district may apply to the State Board of
21Education for a grant to be used for programs, approaches, or
22personnel under this Section, to the extent funds are
23appropriated for these purposes or funds are made available
24through the Bullying Prevention Fund established pursuant to
25Section 22-80.50 of this Code. A school district may make an

 

 

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1application for a grant only after exploring bullying
2prevention programs and approaches that are available at no
3cost and making an affirmative demonstration of that
4exploration 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
19pursuant to this subsection (b) by utilizing training that may
20be provided at no cost by the State Board of Education or any
21other entity. A school district may, at its own discretion,
22implement a training program that imposes a cost on the
23district.
 
24    (105 ILCS 5/22-80.35 new)
25    Sec. 22-80.35. School anti-bullying specialists and

 

 

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1coordinators.
2    (a) The principal in each school in a school district shall
3appoint a school anti-bullying specialist. When a school
4guidance counselor, school psychologist, or another individual
5similarly trained is currently employed in the school, the
6principal shall appoint that individual to be the school
7anti-bullying specialist. If no individual meeting this
8criteria is currently employed in the school, the principal
9shall appoint a school anti-bullying specialist from currently
10employed school personnel. The school anti-bullying specialist
11shall:
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
20anti-bullying coordinator. The superintendent shall make every
21effort to appoint an employee of the school district to this
22position. 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;

 

 

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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
12least twice a school year with the school anti-bullying
13specialists in the district to discuss and strengthen
14procedures and policies to prevent, identify, and address
15harassment, intimidation, and bullying in the district.
16    (d) The State Superintendent of Education, in consultation
17with recognized experts in school bullying from a cross section
18of academia, child advocacy organizations, nonprofit
19organizations, professional associations, and government
20agencies, shall establish inservice workshops and training
21programs to train selected public school employees to act as
22district anti-bullying coordinators and school anti-bullying
23specialists. The State Superintendent of Education shall seek
24to make the workshops and training programs available and
25administered online through the State Board of Education's
26Internet website or other existing online resources. The State

 

 

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1Superintendent of Education shall evaluate the effectiveness
2of the consulting group on an annual basis. The inservice
3training programs may utilize regional offices of education or
4such other institutions, agencies, or persons as the State
5Superintendent of Education deems appropriate. Each school
6board shall provide time for the inservice training during the
7usual school schedule in order to ensure that appropriate
8personnel are prepared to act in the district as district
9anti-bullying coordinators and school anti-bullying
10specialists.
11    Upon completion of the initial inservice training program,
12the State Superintendent of Education shall ensure that
13programs and workshops that reflect the most current
14information on harassment, intimidation, and bullying in
15schools are prepared and made available to district
16anti-bullying coordinators and school anti-bullying
17specialists 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
21each school in the district to develop, foster, and maintain a
22positive school climate by focusing on the on-going, systemic
23process and practices in the school and to address school
24climate issues such as harassment, intimidation, or bullying. A
25school safety team shall meet at least 2 times per school year.

 

 

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1    (b) A school safety team shall consist of the principal or
2his or her designee, who, if possible, shall be a senior
3administrator in the school, and the following appointees of
4the 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
10chairperson 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;

 

 

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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
13professional development opportunities that address effective
14practices of successful school climate programs or approaches.
15    (e) Notwithstanding any provision of this Section to the
16contrary, a parent who is a member of the school safety team
17shall not participate in the activities of the team set forth
18in subdivisions (1), (2), or (3) of subsection (c) of this
19Section or any other activities of the team that may compromise
20the confidentiality of a student.
 
21    (105 ILCS 5/22-80.45 new)
22    Sec. 22-80.45. Harassment, intimidation, and bullying
23prevention; establishment of formal protocol for investigating
24a complaint.
25    (a) The State Superintendent of Education shall establish a

 

 

HB5427- 34 -LRB098 17207 NHT 52299 b

1formal protocol pursuant to which the regional superintendent
2of schools shall investigate a complaint that documents an
3allegation of a violation of any of the provisions of Sections
422-80.10 through 22-80.40 of this Code by a school district
5located within the educational service region if the complaint
6has not been adequately addressed on the local level. The
7regional superintendent of schools shall report his or her
8findings and, if appropriate, issue an order for the school
9district to develop and implement corrective actions that are
10specific to the facts of the case.
11    (b) The State Superintendent of Education shall ensure that
12the personnel of regional offices of education who are
13responsible for conducting the investigations receive training
14and technical support on the use of the complaint investigation
15protocol.
 
16    (105 ILCS 5/22-80.50 new)
17    Sec. 22-80.50. Bullying Prevention Fund. The Bullying
18Prevention Fund is created as a special fund in the State
19treasury. All money in the Fund shall be used, subject to
20appropriation, by the State Board of Education to offer grants
21to school districts to provide training on harassment,
22intimidation, and bullying prevention and on the effective
23creation of positive school climates and to help fund related
24personnel expenses. The Fund shall consist of (i) any moneys
25appropriated by this State for the purposes of the Fund, (ii)

 

 

HB5427- 35 -LRB098 17207 NHT 52299 b

1any moneys donated for the purposes of the Fund, and (iii) all
2interest 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
6environment is necessary for students to learn and achieve and
7that bullying causes physical, psychological, and emotional
8harm to students and interferes with students' ability to learn
9and participate in school activities. The General Assembly
10further finds that bullying has been linked to other forms of
11antisocial behavior, such as vandalism, shoplifting, skipping
12and dropping out of school, fighting, using drugs and alcohol,
13sexual harassment, and sexual violence. Because of the negative
14outcomes associated with bullying in schools, the General
15Assembly finds that school districts and non-public,
16non-sectarian elementary and secondary schools should educate
17students, parents, and school district or non-public,
18non-sectarian elementary or secondary school personnel about
19what behaviors constitute prohibited bullying.
20    Bullying on the basis of actual or perceived race, color,
21religion, sex, national origin, ancestry, age, marital status,
22physical or mental disability, military status, sexual
23orientation, gender-related identity or expression,
24unfavorable discharge from military service, association with
25a person or group with one or more of the aforementioned actual

 

 

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1or perceived characteristics, or any other distinguishing
2characteristic is prohibited in all school districts and
3non-public, non-sectarian elementary and secondary schools. No
4student 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
16act or conduct, including communications made in writing or
17electronically, directed toward a student or students that has
18or can be reasonably predicted to have the effect of one or
19more 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

 

 

HB5427- 37 -LRB098 17207 NHT 52299 b

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
4various forms, including without limitation one or more of the
5following: harassment, threats, intimidation, stalking,
6physical violence, sexual harassment, sexual violence, theft,
7public humiliation, destruction of property, or retaliation
8for asserting or alleging an act of bullying. This list is
9meant to be illustrative and non-exhaustive.
10    "School personnel" means persons employed by, on contract
11with, or who volunteer in a school district or non-public,
12non-sectarian elementary or secondary school, including
13without limitation school and school district administrators,
14teachers, school guidance counselors, school social workers,
15school counselors, school psychologists, school nurses,
16cafeteria workers, custodians, bus drivers, school resource
17officers, and security guards.
18    (c) (Blank).
19    (d) Each school district and non-public, non-sectarian
20elementary or secondary school shall create and maintain a
21policy on bullying, which policy must be filed with the State
22Board of Education. A school district must comply with Section
2322-80.20 of this Code with respect to this policy on bullying.
24Each school district and non-public, non-sectarian elementary
25or secondary school must communicate its policy on bullying to
26its students and their parent or guardian on an annual basis.

 

 

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1The policy must be updated every 2 years and filed with the
2State Board of Education after being updated. The State Board
3of Education shall monitor the implementation of policies
4created under this subsection (d).
5    (e) This Section shall not be interpreted to prevent a
6victim from seeking redress under any other available civil or
7criminal law. Nothing in this Section is intended to infringe
8upon any right to exercise free expression or the free exercise
9of religion or religiously based views protected under the
10First Amendment to the United States Constitution or under
11Section 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;
1395-876, 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
17participate in training provided by board employees or
18not-for-profit organizations, including without limitation the
19following:
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

 

 

HB5427- 39 -LRB098 17207 NHT 52299 b

1harassment, intimidation, and bullying in schools. The
2training on harassment, intimidation, and bullying in schools
3shall be provided by the Illinois Association of School Boards,
4in consultation with recognized experts in school bullying from
5a cross section of academia, child advocacy organizations,
6nonprofit organizations, professional associations, and
7government 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
11suicide detection and intervention. School guidance
12counselors, teachers, school social workers, and other school
13personnel who work with pupils in grades 7 through 12 shall be
14trained to identify the warning signs of mental illness and
15suicidal behavior in adolescents and teens and shall be taught
16various intervention techniques. Such training shall be
17provided within the framework of existing in-service training
18programs offered by the Board or as part of the professional
19development required under Section 2-3.160 of this Code or the
20professional development activities required under Section
2121B-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

 

 

HB5427- 40 -LRB098 17207 NHT 52299 b

1transacted at regular meetings; voting; records. The board
2shall, subject to the limitations in this Article, establish
3by-laws, rules and regulations, which shall have the force of
4ordinances, for the proper maintenance of a uniform system of
5discipline for both employees and pupils, and for the entire
6management of the schools, and may fix the school age of
7pupils, the minimum of which in kindergartens shall not be
8under 4 years, except that, based upon an assessment of the
9child's readiness, children who have attended a non-public
10preschool and continued their education at that school through
11kindergarten, were taught in kindergarten by an appropriately
12certified teacher, and will attain the age of 6 years on or
13before December 31 of the year of the 2009-2010 school term and
14each school term thereafter may attend first grade upon
15commencement of such term, and in grade schools shall not be
16under 6 years. It may expel, suspend or, subject to the
17limitations of all policies established or adopted under
18Section 14-8.05, otherwise discipline any pupil found guilty of
19gross disobedience, misconduct or other violation of the
20by-laws, rules and regulations, including gross disobedience
21or misconduct perpetuated by electronic means or for those
22reasons specified under Section 22-80.15 of this Code. An
23expelled pupil may be immediately transferred to an alternative
24program in the manner provided in Article 13A or 13B of this
25Code. A pupil must not be denied transfer because of the
26expulsion, except in cases in which such transfer is deemed to

 

 

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1cause a threat to the safety of students or staff in the
2alternative program. A pupil who is suspended in excess of 20
3school days may be immediately transferred to an alternative
4program in the manner provided in Article 13A or 13B of this
5Code. A pupil must not be denied transfer because of the
6suspension, except in cases in which such transfer is deemed to
7cause a threat to the safety of students or staff in the
8alternative program. The bylaws, rules and regulations of the
9board shall be enacted, money shall be appropriated or
10expended, salaries shall be fixed or changed, and textbooks,
11electronic textbooks, and courses of instruction shall be
12adopted or changed only at the regular meetings of the board
13and by a vote of a majority of the full membership of the
14board; provided that notwithstanding any other provision of
15this Article or the School Code, neither the board or any local
16school council may purchase any textbook for use in any public
17school of the district from any textbook publisher that fails
18to furnish any computer diskettes as required under Section
1928-21. Funds appropriated for textbook purchases must be
20available for electronic textbook purchases and the
21technological equipment necessary to gain access to and use
22electronic textbooks at the local school council's discretion.
23The board shall be further encouraged to provide opportunities
24for public hearing and testimony before the adoption of bylaws,
25rules and regulations. Upon all propositions requiring for
26their adoption at least a majority of all the members of the

 

 

HB5427- 42 -LRB098 17207 NHT 52299 b

1board the yeas and nays shall be taken and reported. The
2by-laws, rules and regulations of the board shall not be
3repealed, amended or added to, except by a vote of 2/3 of the
4full membership of the board. The board shall keep a record of
5all its proceedings. Such records and all by-laws, rules and
6regulations, or parts thereof, may be proved by a copy thereof
7certified to be such by the secretary of the board, but if they
8are printed in book or pamphlet form which are purported to be
9published by authority of the board they need not be otherwise
10published and the book or pamphlet shall be received as
11evidence, without further proof, of the records, by-laws, rules
12and regulations, or any part thereof, as of the dates thereof
13as shown in such book or pamphlet, in all courts and places
14where judicial proceedings are had.
15    Notwithstanding any other provision in this Article or in
16the School Code, the board may delegate to the general
17superintendent or to the attorney the authorities granted to
18the board in the School Code, provided such delegation and
19appropriate oversight procedures are made pursuant to board
20by-laws, rules and regulations, adopted as herein provided,
21except that the board may not delegate its authorities and
22responsibilities regarding (1) budget approval obligations;
23(2) rule-making functions; (3) desegregation obligations; (4)
24real estate acquisition, sale or lease in excess of 10 years as
25provided in Section 34-21; (5) the levy of taxes; or (6) any
26mandates imposed upon the board by "An Act in relation to

 

 

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1school reform in cities over 500,000, amending Acts herein
2named", approved December 12, 1988 (P.A. 85-1418).
3(Source: P.A. 96-864, eff. 1-21-10; 96-1403, eff. 7-29-10;
497-340, eff. 1-1-12; 97-495, eff. 1-1-12; 97-813, eff.
57-13-12.)
 
6    Section 15. The Board of Higher Education Act is amended by
7adding Section 9.34 as follows:
 
8    (110 ILCS 205/9.34 new)
9    Sec. 9.34. Require adoption of policy prohibiting
10harassment, intimidation, or bullying.
11    (a) The Board shall require all public institutions of
12higher education to adopt a policy, to be included in their
13student code of conduct, prohibiting harassment, intimidation,
14or bullying. The policy shall contain, at a minimum, all of the
15following:
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

 

 

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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
24distribute the policy required under this Section by e-mail to
25each student within 7 days after the start of each semester and
26shall post the policy on its Internet website.
 

 

 

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1    Section 99. Effective date. This Act takes effect June 1,
22015.

 

 

HB5427- 46 -LRB098 17207 NHT 52299 b

1 INDEX
2 Statutes amended in order of appearance
3    30 ILCS 105/5.855 new
4    105 ILCS 5/2-3.160 new
5    105 ILCS 5/2-3.165 new
6    105 ILCS 5/2-3.170 new
7    105 ILCS 5/2-3.175 new
8    105 ILCS 5/10-16a
9    105 ILCS 5/10-22.6from Ch. 122, par. 10-22.6
10    105 ILCS 5/21B-28 new
11    105 ILCS 5/22-80.5 new
12    105 ILCS 5/22-80.10 new
13    105 ILCS 5/22-80.15 new
14    105 ILCS 5/22-80.20 new
15    105 ILCS 5/22-80.25 new
16    105 ILCS 5/22-80.30 new
17    105 ILCS 5/22-80.35 new
18    105 ILCS 5/22-80.40 new
19    105 ILCS 5/22-80.45 new
20    105 ILCS 5/22-80.50 new
21    105 ILCS 5/27-23.7
22    105 ILCS 5/34-3.2from Ch. 122, par. 34-3.2
23    105 ILCS 5/34-18.7from Ch. 122, par. 34-18.7
24    105 ILCS 5/34-19from Ch. 122, par. 34-19
25    110 ILCS 205/9.34 new