Illinois General Assembly - Full Text of HB5707
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Full Text of HB5707  98th General Assembly

HB5707eng 98TH GENERAL ASSEMBLY

  
  
  

 


 
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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 School Code is amended by changing Sections
527-23.7 and 27A-5 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
9environment is necessary for students to learn and achieve and
10that bullying causes physical, psychological, and emotional
11harm to students and interferes with students' ability to learn
12and participate in school activities. The General Assembly
13further finds that bullying has been linked to other forms of
14antisocial behavior, such as vandalism, shoplifting, skipping
15and dropping out of school, fighting, using drugs and alcohol,
16sexual harassment, and sexual violence. Because of the negative
17outcomes associated with bullying in schools, the General
18Assembly finds that school districts and non-public,
19non-sectarian elementary and secondary schools should educate
20students, parents, and school district, charter schools, or
21non-public, non-sectarian elementary or secondary school
22personnel about what behaviors constitute prohibited bullying.
23    Bullying on the basis of actual or perceived race, color,

 

 

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1religion, sex, national origin, ancestry, age, marital status,
2physical or mental disability, military status, sexual
3orientation, gender-related identity or expression,
4unfavorable discharge from military service, association with
5a person or group with one or more of the aforementioned actual
6or perceived characteristics, or any other distinguishing
7characteristic is prohibited in all school districts, charter
8schools, and non-public, non-sectarian elementary and
9secondary schools. No 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.
19    (a-5) Nothing in this Section is intended to infringe upon
20any right to exercise free expression or the free exercise of
21religion or religiously based views protected under the First
22Amendment to the United States Constitution or under Section 3
23or 4 of Article I of the Illinois Constitution.
24    (b) In this Section:
25    "Bullying" means any severe or pervasive physical or verbal
26act or conduct, including communications made in writing or

 

 

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1electronically, directed toward a student or students that has
2or can be reasonably predicted to have the effect of one or
3more of the following:
4        (1) placing the student or students in reasonable fear
5    of harm to the student's or students' person or property;
6        (2) causing a substantially detrimental effect on the
7    student's or students' physical or mental health;
8        (3) substantially interfering with the student's or
9    students' academic performance; or
10        (4) substantially interfering with the student's or
11    students' ability to participate in or benefit from the
12    services, activities, or privileges provided by a school.
13    Bullying, as defined in this subsection (b), may take
14various forms, including without limitation one or more of the
15following: harassment, threats, intimidation, stalking,
16physical violence, sexual harassment, sexual violence, theft,
17public humiliation, destruction of property, or retaliation
18for asserting or alleging an act of bullying. This list is
19meant to be illustrative and non-exhaustive.
20    "Policy on bullying" means a bullying prevention policy
21that meets the following criteria:
22        (1) Includes the bullying definition provided in this
23    Section.
24        (2) Includes a statement that bullying is contrary to
25    State law and the policy of the school district, charter
26    schools, or non-public, non-sectarian elementary or

 

 

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1    secondary school and is consistent with subsection (a-5) of
2    this Section.
3        (3) Includes procedures for promptly reporting
4    bullying, including, but not limited to, identifying a
5    person or persons responsible for receiving such reports
6    and a procedure for anonymous reporting; however, this
7    shall not be construed to permit formal disciplinary action
8    solely on the basis of an anonymous report. The procedures
9    shall include, but not be limited to, the following:
10            (A) All acts of bullying shall be reported verbally
11        to the school principal or his or her designee on the
12        same day that the school employee or contracted service
13        provider witnessed or received reliable information
14        regarding any such incident.
15            (B) The principal or his or her designee shall
16        inform the parents or guardians of all students
17        involved in the alleged incident and discuss, as
18        appropriate, the availability of counseling
19        intervention services and other restorative measures.
20            (C) All acts of bullying shall be reported in
21        writing to the school principal or his or her designee
22        within 2 school days of the date that the school
23        employee or contracted service provider witnessed or
24        received reliable information that a student had been
25        subject to bullying.
26        (4) Includes procedures for promptly investigating and

 

 

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1    addressing reports of bullying. The procedures shall
2    include, but not be limited to, the following:
3            (A) The investigation shall be initiated by the
4        principal or his or her designee within one school day
5        of the report of the incident and be conducted by a
6        school counselor, school social worker, or other
7        designated school personnel who has received, or shall
8        receive, training or resources related to bullying
9        intervention and best practices.
10            (B) The investigation shall be completed as soon as
11        possible, but not later than 10 school days after the
12        date of the report of the incident of bullying. In the
13        event that there is information relative to the
14        investigation that is anticipated but not yet received
15        before that 10-day period, the school counselor,
16        school social worker, or other designated personnel
17        may amend the original report of the results of the
18        investigation to reflect the information.
19            (C) The results of the investigation shall be
20        reported to the school principal or his or her designee
21        within 2 school days of the completion of the
22        investigation, and the principal may decide to provide
23        intervention services or restorative measures,
24        establish training programs to reduce bullying and
25        enhance school climate, order counseling, or take or
26        recommend other appropriate action as a result of the

 

 

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1        findings of the investigation.
2            (D) Parents or guardians of the students who are
3        parties to the investigation shall be entitled to
4        receive information about the investigation in
5        accordance with federal and State law and regulation,
6        including the nature of the investigation, whether the
7        investigation found evidence of bullying, or whether
8        intervention services, restorative measures, or other
9        appropriate action were imposed or provided to address
10        the incident of bullying. This information shall be
11        provided in writing within 5 school days after the
12        results of the investigation are reported to the school
13        principal or his or her designee.
14            (E) A parent or guardian may request a meeting
15        before the school principal or his or her designee and
16        the board after receiving the information, and the
17        meeting shall be held within 10 days of the request.
18        (5) Includes the interventions that can be taken to
19    address bullying, which may include, but are not limited
20    to, school social worker interventions, restorative
21    measures, social-emotional skill building, counseling,
22    school psychological services, and community-based
23    services.
24        (6) Includes a statement prohibiting reprisal or
25    retaliation against any person who reports an act of
26    bullying and the consequences and appropriate remedial

 

 

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1    actions for a person who engages in reprisal or
2    retaliation.
3        (7) Includes consequences and appropriate remedial
4    actions for a person found to have falsely accused another
5    as a means of retaliation or as a means of bullying.
6        (8) Is based on the engagement of a range of school
7    stakeholders, including students and families.
8        (9) Is posted on the school district's, charter
9    school's, or non-public, non-sectarian elementary or
10    secondary school's existing Internet website and is
11    included in the student handbook, and, where applicable,
12    posted where other policies, rules, and standards of
13    conduct are currently posted in the school, and is
14    distributed annually to parents, guardians, students, and
15    school personnel, including new employees when hired.
16        (10) If applicable, includes a requirement that the
17    name, school phone number, school address, and school
18    e-mail address of the district anti-bullying coordinator
19    be listed on the home page of the school district's
20    Internet website.
21        (11) If applicable, includes a requirement that the
22    name, school phone number, school address, and school
23    e-mail address of the school's anti-bullying specialist
24    and the school district's anti-bullying coordinator be
25    listed on the home page of each school's Internet website.
26        (12) Is consistent with the school district's board

 

 

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1    policies, charter school policies, or non-public,
2    non-sectarian elementary or secondary school's
3    administrative policies.
4    Nothing in this Section shall prohibit a school district,
5charter school, or non-public, non-sectarian elementary or
6secondary school from adopting a policy that includes
7components that are more detailed than the components set forth
8in this Section.
9    "Restorative measures" means a continuum of school-based
10alternatives to exclusionary discipline, such as suspensions
11and expulsions, that: (i) are adapted to the particular needs
12of the school and community, (ii) contribute to maintaining
13school safety, (iii) protect the integrity of a positive and
14productive learning climate, (iv) teach students the personal
15and interpersonal skills they will need to be successful in
16school and society, (v) serve to build and restore
17relationships among students, families, schools, and
18communities, and (vi) reduce the likelihood of future
19disruption by balancing accountability with an understanding
20of students' behavioral health needs in order to keep students
21in school.
22    "School personnel" means persons employed by, on contract
23with, or who volunteer in a school district, charter schools,
24or non-public, non-sectarian elementary or secondary school,
25including without limitation school and school district
26administrators, teachers, school guidance counselors, school

 

 

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1social workers, school counselors, school psychologists,
2school nurses, cafeteria workers, custodians, bus drivers,
3school resource officers, and security guards.
4    (c) (Blank).
5    (d) Each school district, charter schools, and non-public,
6non-sectarian elementary or secondary school shall create, and
7maintain, and implement a policy on bullying, which policy must
8be filed with the State Board of Education. Every 2 years, each
9school district, charter school, and non-public, non-sectarian
10elementary or secondary school shall conduct a re-evaluation,
11re-assessment, and review of its policy, making any necessary
12revisions and additions. Each school district and non-public,
13non-sectarian elementary or secondary school must communicate
14its policy on bullying to its students and their parent or
15guardian on an annual basis. The policy must be updated every 2
16years and filed with the State Board of Education after being
17updated. The State Board of Education shall monitor and provide
18technical support for the implementation of policies created
19under this subsection (d).
20    (d-5) A school district shall have local control over the
21content of the policy, except that the policy shall contain, at
22a minimum, the components listed in the definition of "policy
23on bullying" under subsection (b) of this Section.
24    (d-10) Beginning with the 2014-2015 school year, each
25public elementary and secondary school, charter school, and
26non-public, non-sectarian elementary and secondary school

 

 

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1shall collect and maintain the following information for each
2school year:
3        (1) the number of reports of bullying made to the
4    person responsible for receiving reports of bullying at the
5    school;
6        (2) the number of investigations conducted regarding
7    reports of bullying;
8        (3) the number of reports determined to be
9    substantiated and the number determined to be
10    unsubstantiated; and
11        (4) for substantiated reports, the number of reports
12    with outcomes involving restorative interventions, the
13    number of reports involving disciplinary action against
14    students, and the number of reports involving both
15    restorative interventions and disciplinary action.
16    Each public elementary and secondary school shall report
17this information to the superintendent of the school district
18or his or her designee, and the school district shall maintain
19the aggregate data for all of its schools and shall make the
20information available upon request and on its Internet website.
21Each charter school and non-public, non-sectarian elementary
22and secondary school shall make the information available upon
23request and on its Internet website. All identifying
24information of any student involved in a report or
25investigation of bullying shall be redacted from the
26information maintained under this subsection (d-10).

 

 

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1    (d-15) The State Board of Education may adopt rules
2consistent with the provisions of this Section.
3    (e) This Section shall not be interpreted to prevent a
4victim from seeking redress under any other available civil or
5criminal law. Nothing in this Section is intended to infringe
6upon any right to exercise free expression or the free exercise
7of religion or religiously based views protected under the
8First Amendment to the United States Constitution or under
9Section 3 or 4 of Article 1 of the Illinois Constitution.
10(Source: P.A. 95-198, eff. 1-1-08; 95-349, eff. 8-23-07;
1195-876, eff. 8-21-08; 96-952, eff. 6-28-10.)
 
12    (105 ILCS 5/27A-5)
13    Sec. 27A-5. Charter school; legal entity; requirements.
14    (a) A charter school shall be a public, nonsectarian,
15nonreligious, non-home based, and non-profit school. A charter
16school shall be organized and operated as a nonprofit
17corporation or other discrete, legal, nonprofit entity
18authorized under the laws of the State of Illinois.
19    (b) A charter school may be established under this Article
20by creating a new school or by converting an existing public
21school or attendance center to charter school status. Beginning
22on the effective date of this amendatory Act of the 93rd
23General Assembly, in all new applications submitted to the
24State Board or a local school board to establish a charter
25school in a city having a population exceeding 500,000,

 

 

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1operation of the charter school shall be limited to one campus.
2The changes made to this Section by this amendatory Act of the
393rd General Assembly do not apply to charter schools existing
4or approved on or before the effective date of this amendatory
5Act.
6    (b-5) In this subsection (b-5), "virtual-schooling" means
7the teaching of courses through online methods with online
8instructors, rather than the instructor and student being at
9the same physical location. "Virtual-schooling" includes
10without limitation instruction provided by full-time, online
11virtual schools.
12    From April 1, 2013 through April 1, 2014, there is a
13moratorium on the establishment of charter schools with
14virtual-schooling components in school districts other than a
15school district organized under Article 34 of this Code. This
16moratorium does not apply to a charter school with
17virtual-schooling components existing or approved prior to
18April 1, 2013 or to the renewal of the charter of a charter
19school with virtual-schooling components already approved
20prior to April 1, 2013.
21    On or before March 1, 2014, the Commission shall submit to
22the General Assembly a report on the effect of
23virtual-schooling, including without limitation the effect on
24student performance, the costs associated with
25virtual-schooling, and issues with oversight. The report shall
26include policy recommendations for virtual-schooling.

 

 

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1    (c) A charter school shall be administered and governed by
2its board of directors or other governing body in the manner
3provided in its charter. The governing body of a charter school
4shall be subject to the Freedom of Information Act and the Open
5Meetings Act.
6    (d) A charter school shall comply with all applicable
7health and safety requirements applicable to public schools
8under the laws of the State of Illinois.
9    (e) Except as otherwise provided in the School Code, a
10charter school shall not charge tuition; provided that a
11charter school may charge reasonable fees for textbooks,
12instructional materials, and student activities.
13    (f) A charter school shall be responsible for the
14management and operation of its fiscal affairs including, but
15not limited to, the preparation of its budget. An audit of each
16charter school's finances shall be conducted annually by an
17outside, independent contractor retained by the charter
18school. Annually, by December 1, every charter school must
19submit to the State Board a copy of its audit and a copy of the
20Form 990 the charter school filed that year with the federal
21Internal Revenue Service.
22    (g) A charter school shall comply with all provisions of
23this Article, the Illinois Educational Labor Relations Act, and
24its charter. A charter school is exempt from all other State
25laws and regulations in the School Code governing public
26schools and local school board policies, except the following:

 

 

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1        (1) Sections 10-21.9 and 34-18.5 of the School Code
2    regarding criminal history records checks and checks of the
3    Statewide Sex Offender Database and Statewide Murderer and
4    Violent Offender Against Youth Database of applicants for
5    employment;
6        (2) Sections 24-24 and 34-84A of the School Code
7    regarding discipline of students;
8        (3) The Local Governmental and Governmental Employees
9    Tort Immunity Act;
10        (4) Section 108.75 of the General Not For Profit
11    Corporation Act of 1986 regarding indemnification of
12    officers, directors, employees, and agents;
13        (5) The Abused and Neglected Child Reporting Act;
14        (6) The Illinois School Student Records Act;
15        (7) Section 10-17a of the School Code regarding school
16    report cards; and
17        (8) The P-20 Longitudinal Education Data System Act;
18    and .
19        (9) Section 27-23.7 of the School Code regarding
20    bullying prevention.
21    The change made by Public Act 96-104 to this subsection (g)
22is declaratory of existing law.
23    (h) A charter school may negotiate and contract with a
24school district, the governing body of a State college or
25university or public community college, or any other public or
26for-profit or nonprofit private entity for: (i) the use of a

 

 

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1school building and grounds or any other real property or
2facilities that the charter school desires to use or convert
3for use as a charter school site, (ii) the operation and
4maintenance thereof, and (iii) the provision of any service,
5activity, or undertaking that the charter school is required to
6perform in order to carry out the terms of its charter.
7However, a charter school that is established on or after the
8effective date of this amendatory Act of the 93rd General
9Assembly and that operates in a city having a population
10exceeding 500,000 may not contract with a for-profit entity to
11manage or operate the school during the period that commences
12on the effective date of this amendatory Act of the 93rd
13General Assembly and concludes at the end of the 2004-2005
14school year. Except as provided in subsection (i) of this
15Section, a school district may charge a charter school
16reasonable rent for the use of the district's buildings,
17grounds, and facilities. Any services for which a charter
18school contracts with a school district shall be provided by
19the district at cost. Any services for which a charter school
20contracts with a local school board or with the governing body
21of a State college or university or public community college
22shall be provided by the public entity at cost.
23    (i) In no event shall a charter school that is established
24by converting an existing school or attendance center to
25charter school status be required to pay rent for space that is
26deemed available, as negotiated and provided in the charter

 

 

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1agreement, in school district facilities. However, all other
2costs for the operation and maintenance of school district
3facilities that are used by the charter school shall be subject
4to negotiation between the charter school and the local school
5board and shall be set forth in the charter.
6    (j) A charter school may limit student enrollment by age or
7grade level.
8    (k) If the charter school is approved by the Commission,
9then the Commission charter school is its own local education
10agency.
11(Source: P.A. 97-152, eff. 7-20-11; 97-154, eff. 1-1-12;
1297-813, eff. 7-13-12; 98-16, eff. 5-24-13.)
 
13    Section 99. Effective date. This Act takes effect upon
14becoming law.