HB5707 98TH GENERAL ASSEMBLY

LRB098 18990 OMW 54139 b

98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB5707

Introduced , by Rep. Kelly M. Cassidy

SYNOPSIS AS INTRODUCED:

105 ILCS 5/27-23.7
105 ILCS 5/27A-5

Amends the School Code in provisions concerning bullying prevention. Sets forth definitions for "policy on bullying" and "restorative measures". Makes changes concerning the creation, maintenance, and implementation of a policy on bullying. Deletes the requirement that each school district, charter school, and non-public, non-sectarian elementary or secondary school must communicate its policy on bullying to its students and their parent or guardian on an annual basis. Provides that on an annual basis, school districts, charter schools, and non-public, non-sectarian schools are required to collect, maintain, analyze, and submit to the State Board of Education data relating to the prevalence of bullying within the school district or non-public, non-sectarian elementary or secondary school, as well as the climate of the school district or non-public, non-sectarian elementary or secondary school. Moves the provision concerning the right to exercise free expression or the free exercise of religion or religiously based views protected under the United States and Illinois Constitutions. Effective immediately.

FISCAL NOTE ACT MAY APPLY

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

A BILL FOR

AN ACT concerning education.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The School Code is amended by changing Sections 27-23.7 and 27A-5 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, charter schools, 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 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.

(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 or 4 of Article I of the Illinois Constitution.

(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 meets the following criteria:

(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, charter schools, 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 a 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. The procedures shall include, but not be limited to, the following:

(A) All acts of bullying shall be reported verbally to the school principal or his or her designee on the same day that the school employee or contracted service provider witnessed or received reliable information regarding any such incident.

(B) The principal or his or her designee shall inform the parents or guardians of all students involved in the alleged incident and discuss, as appropriate, the availability of counseling intervention services and other restorative measures.

(C) All acts of bullying shall be reported in writing to the school principal or his or her designee within 2 school days of the date that the school employee or contracted service provider witnessed or received reliable information that a student had been subject to bullying.

(4) Includes procedures for promptly investigating and addressing reports of bullying. The procedures shall include, but not be limited to, the following:

(A) The investigation shall be initiated by the principal or his or her designee within one school day of the report of the incident and be conducted by a school counselor, school social worker, or other designated school personnel who has received, or shall receive, training or resources related to bullying intervention and best practices.

(B) The investigation shall be completed as soon as possible, but not later than 10 school days after the date of the report of the incident of bullying. In the event that there is information relative to the investigation that is anticipated but not yet received before that 10-day period, the school counselor, school social worker, or other designated personnel may amend the original report of the results of the investigation to reflect the information.

(C) The results of the investigation shall be reported to the school principal or his or her designee within 2 school days of the completion of the investigation, and the principal may decide to provide intervention services or restorative measures, establish training programs to reduce bullying and enhance school climate, order counseling, or take or recommend other appropriate action as a result of the findings of the investigation.

(D) Parents or guardians of the students who are parties to the investigation shall be entitled to receive information about the investigation in accordance with federal and State law and regulation, including the nature of the investigation, whether the investigation found evidence of bullying, or whether intervention services, restorative measures, or other appropriate action were imposed or provided to address the incident of bullying. This information shall be provided in writing within 5 school days after the results of the investigation are reported to the school principal or his or her designee.

(E) A parent or guardian may request a meeting before the school principal or his or her designee and the board after receiving the information, and the meeting shall be held within 10 days of the request.

(5) Includes the interventions that can be taken to address bullying, which may include, but are not limited to, school social worker interventions, restorative measures, social-emotional skill building, counseling, school psychological services, and community-based services.

(6) 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.

(7) Includes consequences and appropriate remedial actions for a person found to have falsely accused another as a means of retaliation or as a means of bullying.

(8) Is based on the engagement of a range of school stakeholders, including students and families.

(9) Is posted on the school district's, charter school's, or non-public, non-sectarian elementary or secondary school's existing Internet website and 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 is distributed annually to parents, guardians, students, and school personnel, including new employees when hired.

(10) If applicable, includes a requirement that the name, school phone number, school address, and school e-mail address of the district anti-bullying coordinator be listed on the home page of the school district's Internet website.

(11) If applicable, includes a requirement that the name, school phone number, school address, and school e-mail address of the school's anti-bullying specialist and the school district's anti-bullying coordinator be listed on the home page of each school's Internet website.

(12) Is consistent with the school district's board policies, charter school policies, or non-public, non-sectarian elementary or secondary school's administrative policies.

Nothing in this Section shall prohibit a school district, charter school, or non-public, non-sectarian elementary or secondary school from adopting a policy that includes components that are more detailed than the components set forth in this Section.

"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 schools, 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).

(d) Each school district, charter schools, and non-public, non-sectarian elementary or secondary school shall create, and maintain, and implement a policy on bullying, which policy must be filed with the State Board of Education. Every 2 years, each school district, charter school, and non-public, non-sectarian elementary or secondary school shall conduct a re-evaluation, re-assessment, and review of its policy, making any necessary revisions and additions. Each school district and non-public, non-sectarian elementary or secondary school 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. The State Board of Education shall monitor and provide technical support for the implementation of policies created under this subsection (d).

(d-5) A school district shall have local control over the content of the policy, except that the policy shall contain, at a minimum, the components listed in the definition of "policy on bullying" under subsection (b) of this Section.

(d-10) On an annual basis, school districts, charter schools, and non-public, non-sectarian schools are required to collect, maintain, analyze, and submit to the State Board of Education data relating to the prevalence of bullying within the school district, charter school, or non-public, non-sectarian elementary or secondary school, as well as the climate of the school district, charter school, or non-public, non-sectarian elementary or secondary school.

(d-15) The State Board of Education shall adopt rules consistent with the provisions of this Section.

(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.

(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.)

(105 ILCS 5/27A-5)

Sec. 27A-5. Charter school; legal entity; requirements.

(a) A charter school shall be a public, nonsectarian, nonreligious, non-home based, and non-profit school. A charter school shall be organized and operated as a nonprofit corporation or other discrete, legal, nonprofit entity authorized under the laws of the State of Illinois.

(b) A charter school may be established under this Article by creating a new school or by converting an existing public school or attendance center to charter school status. Beginning on the effective date of this amendatory Act of the 93rd General Assembly, in all new applications submitted to the State Board or a local school board to establish a charter school in a city having a population exceeding 500,000, operation of the charter school shall be limited to one campus. The changes made to this Section by this amendatory Act of the 93rd General Assembly do not apply to charter schools existing or approved on or before the effective date of this amendatory Act.

(b-5) In this subsection (b-5), "virtual-schooling" means the teaching of courses through online methods with online instructors, rather than the instructor and student being at the same physical location. "Virtual-schooling" includes without limitation instruction provided by full-time, online virtual schools.

From April 1, 2013 through April 1, 2014, there is a moratorium on the establishment of charter schools with virtual-schooling components in school districts other than a school district organized under Article 34 of this Code. This moratorium does not apply to a charter school with virtual-schooling components existing or approved prior to April 1, 2013 or to the renewal of the charter of a charter school with virtual-schooling components already approved prior to April 1, 2013.

On or before March 1, 2014, the Commission shall submit to the General Assembly a report on the effect of virtual-schooling, including without limitation the effect on student performance, the costs associated with virtual-schooling, and issues with oversight. The report shall include policy recommendations for virtual-schooling.

(c) A charter school shall be administered and governed by its board of directors or other governing body in the manner provided in its charter. The governing body of a charter school shall be subject to the Freedom of Information Act and the Open Meetings Act.

(d) A charter school shall comply with all applicable health and safety requirements applicable to public schools under the laws of the State of Illinois.

(e) Except as otherwise provided in the School Code, a charter school shall not charge tuition; provided that a charter school may charge reasonable fees for textbooks, instructional materials, and student activities.

(f) A charter school shall be responsible for the management and operation of its fiscal affairs including, but not limited to, the preparation of its budget. An audit of each charter school's finances shall be conducted annually by an outside, independent contractor retained by the charter school. Annually, by December 1, every charter school must submit to the State Board a copy of its audit and a copy of the Form 990 the charter school filed that year with the federal Internal Revenue Service.

(g) A charter school shall comply with all provisions of this Article, the Illinois Educational Labor Relations Act, and its charter. A charter school is exempt from all other State laws and regulations in the School Code governing public schools and local school board policies, except the following:

(1) Sections 10-21.9 and 34-18.5 of the School Code regarding criminal history records checks and checks of the Statewide Sex Offender Database and Statewide Murderer and Violent Offender Against Youth Database of applicants for employment;

(2) Sections 24-24 and 34-84A of the School Code regarding discipline of students;

(3) The Local Governmental and Governmental Employees Tort Immunity Act;

(4) Section 108.75 of the General Not For Profit Corporation Act of 1986 regarding indemnification of officers, directors, employees, and agents;

(5) The Abused and Neglected Child Reporting Act;

(6) The Illinois School Student Records Act;

(7) Section 10-17a of the School Code regarding school report cards; and

(8) The P-20 Longitudinal Education Data System Act; and .

(9) Section 27-23.7 of the School Code regarding bullying prevention.

The change made by Public Act 96-104 to this subsection (g) is declaratory of existing law.

(h) A charter school may negotiate and contract with a school district, the governing body of a State college or university or public community college, or any other public or for-profit or nonprofit private entity for: (i) the use of a school building and grounds or any other real property or facilities that the charter school desires to use or convert for use as a charter school site, (ii) the operation and maintenance thereof, and (iii) the provision of any service, activity, or undertaking that the charter school is required to perform in order to carry out the terms of its charter. However, a charter school that is established on or after the effective date of this amendatory Act of the 93rd General Assembly and that operates in a city having a population exceeding 500,000 may not contract with a for-profit entity to manage or operate the school during the period that commences on the effective date of this amendatory Act of the 93rd General Assembly and concludes at the end of the 2004-2005 school year. Except as provided in subsection (i) of this Section, a school district may charge a charter school reasonable rent for the use of the district's buildings, grounds, and facilities. Any services for which a charter school contracts with a school district shall be provided by the district at cost. Any services for which a charter school contracts with a local school board or with the governing body of a State college or university or public community college shall be provided by the public entity at cost.

(i) In no event shall a charter school that is established by converting an existing school or attendance center to charter school status be required to pay rent for space that is deemed available, as negotiated and provided in the charter agreement, in school district facilities. However, all other costs for the operation and maintenance of school district facilities that are used by the charter school shall be subject to negotiation between the charter school and the local school board and shall be set forth in the charter.

(j) A charter school may limit student enrollment by age or grade level.

(k) If the charter school is approved by the Commission, then the Commission charter school is its own local education agency.

(Source: P.A. 97-152, eff. 7-20-11; 97-154, eff. 1-1-12; 97-813, eff. 7-13-12; 98-16, eff. 5-24-13.)

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