Full Text of HB4207 98th General Assembly
HB4207 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 HB4207 Introduced , by Rep. Laura Fine SYNOPSIS AS INTRODUCED: |
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Amends the School Code. In provisions concerning bullying prevention, prohibits a student from being subjected to bullying 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 substantially interferes with or limits the victim's ability to participate in or benefit from the services, activities, or opportunities offered by a school or substantially disrupts the educational process or orderly operation of a school. Provides that the definition of bullying includes cyber-bullying; defines "cyber-bullying". Provides that a school district's or non-public, non-sectarian elementary or secondary school's policy on bullying shall include a process to investigate whether a reported act of bullying is within the scope of the district or school and, if not, a process for referral of such an act to the appropriate jurisdiction. Requires computers without web-filtering software or computers with web-filtering software that is disabled to be used when complaints of cyber-bullying are investigated. Effective immediately.
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| | FISCAL NOTE ACT MAY APPLY | | STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT |
| | A BILL FOR |
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| 1 | | AN ACT concerning education.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The School Code is amended by changing Section | 5 | | 27-23.7 as follows: | 6 | | (105 ILCS 5/27-23.7) | 7 | | Sec. 27-23.7. Bullying prevention. | 8 | | (a) The General Assembly finds that a safe and civil school | 9 | | environment is necessary for students to learn and achieve and | 10 | | that bullying causes physical, psychological, and emotional | 11 | | harm to students and interferes with students' ability to learn | 12 | | and participate in school activities. The General Assembly | 13 | | further finds that bullying has been linked to other forms of | 14 | | antisocial behavior, such as vandalism, shoplifting, skipping | 15 | | and dropping out of school, fighting, using drugs and alcohol, | 16 | | sexual harassment, and sexual violence. Because of the negative | 17 | | outcomes associated with bullying in schools, the General | 18 | | Assembly finds that school districts and non-public, | 19 | | non-sectarian elementary and secondary schools should educate | 20 | | students, parents, and school district or non-public, | 21 | | non-sectarian elementary or secondary school personnel about | 22 | | what behaviors constitute prohibited bullying. | 23 | | Bullying on the basis of actual or perceived race, color, |
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| 1 | | religion, sex, national origin, ancestry, age, marital status, | 2 | | physical or mental disability, military status, sexual | 3 | | orientation, gender-related identity or expression, | 4 | | unfavorable discharge from military service, association with | 5 | | a person or group with one or more of the aforementioned actual | 6 | | or perceived characteristics, or any other distinguishing | 7 | | characteristic is prohibited in all school districts and | 8 | | non-public, non-sectarian elementary and secondary schools.
No | 9 | | student shall be subjected to bullying: | 10 | | (1) during any school-sponsored education program or | 11 | | activity; | 12 | | (2) while in school, on school property, on school | 13 | | buses or other school vehicles, at designated school bus | 14 | | stops waiting for the school bus, or at school-sponsored or | 15 | | school-sanctioned events or activities; or | 16 | | (3) through the transmission of information from a | 17 | | school computer, a school computer network, or other | 18 | | similar electronic school equipment ; or . | 19 | | (4) through the transmission of information from a | 20 | | computer that is accessed at a nonschool-related location, | 21 | | activity, function, or program or from the use of | 22 | | technology or an electronic device that is not owned, | 23 | | leased, or used by a school district or school if the | 24 | | bullying substantially interferes with or limits the | 25 | | victim's ability to participate in or benefit from the | 26 | | services, activities, or opportunities offered by a school |
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| 1 | | or substantially disrupts the educational process or | 2 | | orderly operation of a school. This item (4) does not | 3 | | require a school to staff or monitor any nonschool-related | 4 | | activity, function, or program. | 5 | | (b) In this Section:
| 6 | | "Bullying" includes "cyber-bullying" and means any severe | 7 | | or pervasive physical or verbal act or conduct, including | 8 | | communications made in writing or electronically, directed | 9 | | toward a student or students that has or can be reasonably | 10 | | predicted to have the effect of one or more of the following: | 11 | | (1) placing the student or students in reasonable fear | 12 | | of harm to the student's or students' person or property; | 13 | | (2) causing a substantially detrimental effect on the | 14 | | student's or students' physical or mental health; | 15 | | (3) substantially interfering with the student's or | 16 | | students' academic performance; or | 17 | | (4) substantially interfering with the student's or | 18 | | students' ability to participate in or benefit from the | 19 | | services, activities, or privileges provided by a school. | 20 | | Bullying, as defined in this subsection (b), may take | 21 | | various forms, including without limitation one or more of the | 22 | | following: harassment, threats, intimidation, stalking, | 23 | | physical violence, sexual harassment, sexual violence, theft, | 24 | | public humiliation, destruction of property, or retaliation | 25 | | for asserting or alleging an act of bullying. This list is | 26 | | meant to be illustrative and non-exhaustive. |
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| 1 | | "Cyber-bullying" means bullying through the use of | 2 | | technology or any electronic communication, including without | 3 | | limitation any transfer of signs, signals, writing, images, | 4 | | sounds, data, or intelligence of any nature transmitted in | 5 | | whole or in part by a wire, radio, electromagnetic system, | 6 | | photoelectronic system, or photooptical system, including | 7 | | without limitation electronic mail, Internet communications, | 8 | | instant messages, or facsimile communications. | 9 | | "Cyber-bullying" includes the creation of a webpage or weblog | 10 | | in which the creator assumes the identity of another person or | 11 | | the knowing impersonation of another person as the author of | 12 | | posted content or messages if the creation or impersonation | 13 | | creates any of the effects enumerated in the definition of | 14 | | bullying in this Section. "Cyber-bullying" also includes the | 15 | | distribution by electronic means of a communication to more | 16 | | than one person or the posting of material on an electronic | 17 | | medium that may be accessed by one or more persons if the | 18 | | distribution or posting creates any of the effects enumerated | 19 | | in the definition of bullying in this Section. | 20 | | "School personnel" means persons employed by, on contract | 21 | | with, or who volunteer in a school district or non-public, | 22 | | non-sectarian elementary or secondary school, including | 23 | | without limitation school and school district administrators, | 24 | | teachers, school guidance counselors, school social workers, | 25 | | school counselors, school psychologists, school nurses, | 26 | | cafeteria workers, custodians, bus drivers, school resource |
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| 1 | | officers, and security guards. | 2 | | (c) (Blank).
| 3 | | (d) Each school district and non-public, non-sectarian | 4 | | elementary or secondary school shall create and maintain a | 5 | | policy on bullying, which policy must be filed with the State | 6 | | Board of Education. The policy shall include a process to | 7 | | investigate whether a reported act of bullying is within the | 8 | | scope of the district or school and, if not, a process for | 9 | | referral of such an act to the appropriate jurisdiction. | 10 | | Computers without web-filtering software or computers with | 11 | | web-filtering software that is disabled must be used when | 12 | | complaints of cyber-bullying are investigated. Each school | 13 | | district and non-public, non-sectarian elementary or secondary | 14 | | school must communicate its policy on bullying to its students | 15 | | and their parent or guardian on an annual basis. The policy | 16 | | must be updated every 2 years and filed with the State Board of | 17 | | Education after being updated. The State Board of Education | 18 | | shall monitor the implementation of policies created under this | 19 | | subsection (d). | 20 | | (e) This Section shall not be interpreted to prevent a | 21 | | victim from seeking redress under any other available civil or | 22 | | criminal law.
Nothing in this Section is intended to infringe | 23 | | upon any right to exercise free expression or the free exercise | 24 | | of religion or religiously based views protected under the | 25 | | First Amendment to the United States Constitution or under | 26 | | Section 3 or 4 of Article 1 of the Illinois Constitution. |
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| 1 | | (Source: P.A. 95-198, eff. 1-1-08; 95-349, eff. 8-23-07; | 2 | | 95-876, eff. 8-21-08; 96-952, eff. 6-28-10.)
| 3 | | Section 99. Effective date. This Act takes effect upon | 4 | | becoming law.
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