HB5290ham002 97TH GENERAL ASSEMBLY

Rep. Kelly M. Cassidy

Filed: 3/2/2012

09700HB5290ham002 LRB097 18856 RPM 67093 a

AMENDMENT TO HOUSE BILL 5290

AMENDMENT NO. ______. Amend House Bill 5290, AS AMENDED, by replacing everything after the enacting clause with the following:

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

(105 ILCS 5/27-23.7)

Sec. 27-23.7. Bullying prevention.

(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 and non-public, non-sectarian elementary and secondary schools should educate students, parents, and school district 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, physical appearance, socioeconomic status, academic status, pregnancy, parenting status, homelessness, age, marital status, physical or mental disability, military status, sexual orientation, gender-related identity or expression, unfavorable discharge from military service, association with a person or group with one or more of the aforementioned actual or perceived characteristics, or any other distinguishing characteristic is prohibited in all school districts and non-public, non-sectarian elementary and secondary schools. No student shall be subjected to bullying:

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

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

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

(b) In this Section:

"Bullying" 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.

"Policy on bullying" means a bullying prevention policy that (1) includes the bullying definition provided in this Section; (2) includes a statement that bullying is contrary to State law and the policy of the school district or non-public, non-sectarian elementary or secondary school; (3) includes procedures for (i) promptly reporting bullying, including, but not limited to, identifying a person or persons responsible for receiving such reports and a procedure for anonymous reporting; (ii) promptly investigating and resolving complaints of bullying; and (iii) retaining reports of bullying allegations and incidents; (4) includes the interventions that can be taken to stop bullying, including, but not limited to, restorative measures, social-emotional skill building, counseling, school psychological services, school social worker interventions, community-based services, and the development of a school-wide approach to preventing and responding to bullying; (5) is based on the engagement of school stakeholders at all levels, including students and families; (6) is posted in the school where other policies, rules, and standards of conduct are posted, including on the school district's or non-public, non-sectarian elementary or secondary school's Internet website and in the student handbook; (7) is distributed annually to parents, guardians, students, and school personnel, including new employees when hired; and (8) is integrated within the school district's or non-public, non-sectarian elementary or secondary school's curricula, discipline policies, conflict resolution education, anti-bias education, and any other violence prevention efforts, including, but not limited to, social and emotional learning standards and response-to-intervention plans as defined by administrative rule of the State Board of Education.

"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. Examples of restorative measures include, but are not limited to, the implementation of social and emotional learning, positive behavior interventions and supports, response-to-intervention, structured in-school suspensions or detentions with school staff to oversee students' work on class assignments, peer juries, peer circles, and peer mediation.

"School personnel" means persons employed by, on contract with, or who volunteer in a school district 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.

(c) (Blank).

(c-5) On or before January 1, 2013, the State Board of Education shall develop a template for a model bullying prevention policy. The template must fulfill the requirements of this Article while allowing for customization by school districts in ways that do not conflict with this Article. The template must recommend that (1) restorative measures and other disciplinary interventions set forth in the interventions component of the policy on bullying be employed before the use of out-of-school suspension or expulsion; (2) out-of-school suspension, expulsion, or referral to law enforcement be imposed only when required by the federal Gun-Free Schools Act of 1994 or in exceptional circumstances to be determined by the State Board; (3) professional development and youth programming on bullying prevention, which are research-based, address the specific context of a school, and remain consistent with the State Board's recommendations for such training, be provided; (4) school districts and non-public, non-sectarian elementary or secondary schools use their personnel with expertise in social and emotional skill-building, restorative disciplinary interventions, or other subject areas relating to bullying prevention to provide such professional development and youth programming, seek free or cost-effective professional development or youth programming from persons with expertise to provide those services, or train their personnel to provide those services.

(d) Beginning with the 2013-2014 school year, each Each school district and non-public, non-sectarian elementary or secondary school shall create and maintain a policy on bullying, which policy must be filed with the State Board of Education. The policy on bullying shall be based on the State Board of Education's template for a model bullying prevention policy and shall include criteria set forth in the definition of "policy on bullying". Each school district and non-public, non-sectarian elementary or secondary school shall comply with its bullying prevention policy must communicate its policy on bullying to its students and their parent or guardian on an annual basis. The policy must be updated every 2 years and filed with the State Board of Education after being updated. Data or reports on bullying allegations and incidents must inform policy updates. The State Board of Education shall monitor and provide technical support for the development and 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. 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 or 4 of Article 1 of the Illinois Constitution.

(f) The State Board of Education shall adopt rules to implement the provisions of this Section.

(Source: P.A. 95-198, eff. 1-1-08; 95-349, eff. 8-23-07; 95-876, eff. 8-21-08; 96-952, eff. 6-28-10.)

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