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Full Text of SB1798  101st General Assembly

SB1798 101ST GENERAL ASSEMBLY

  
  

 


 
101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB1798

 

Introduced 2/15/2019, by Sen. Chapin Rose

 

SYNOPSIS AS INTRODUCED:
 
105 ILCS 5/10-20.69 new
105 ILCS 5/27-23.7
105 ILCS 5/34-18.61 new

    Amends the School Code. Requires each school district to create, maintain, and implement an age-appropriate policy on sexual harassment that must be included in the district's student code of conduct handbook. Provides that a school district's or charter school's policy on bullying must be included in the student code of conduct handbook in an age-appropriate manner.


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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 School Code is amended by changing Section
527-23.7 and by adding Sections 10-20.69 and 34-18.61 as
6follows:
 
7    (105 ILCS 5/10-20.69 new)
8    Sec. 10-20.69. Policy on sexual harassment. Each school
9district must create, maintain, and implement an
10age-appropriate policy on sexual harassment that must be
11included in the district's student code of conduct handbook.
 
12    (105 ILCS 5/27-23.7)
13    Sec. 27-23.7. Bullying prevention.
14    (a) The General Assembly finds that a safe and civil school
15environment is necessary for students to learn and achieve and
16that bullying causes physical, psychological, and emotional
17harm to students and interferes with students' ability to learn
18and participate in school activities. The General Assembly
19further finds that bullying has been linked to other forms of
20antisocial behavior, such as vandalism, shoplifting, skipping
21and dropping out of school, fighting, using drugs and alcohol,
22sexual harassment, and sexual violence. Because of the negative

 

 

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1outcomes associated with bullying in schools, the General
2Assembly finds that school districts, charter schools, and
3non-public, non-sectarian elementary and secondary schools
4should educate students, parents, and school district, charter
5school, or non-public, non-sectarian elementary or secondary
6school personnel about what behaviors constitute prohibited
7bullying.
8    Bullying on the basis of actual or perceived race, color,
9religion, sex, national origin, ancestry, age, marital status,
10physical or mental disability, military status, sexual
11orientation, gender-related identity or expression,
12unfavorable discharge from military service, association with
13a person or group with one or more of the aforementioned actual
14or perceived characteristics, or any other distinguishing
15characteristic is prohibited in all school districts, charter
16schools, and non-public, non-sectarian elementary and
17secondary schools. No student shall be subjected to bullying:
18        (1) during any school-sponsored education program or
19    activity;
20        (2) while in school, on school property, on school
21    buses or other school vehicles, at designated school bus
22    stops waiting for the school bus, or at school-sponsored or
23    school-sanctioned events or activities;
24        (3) through the transmission of information from a
25    school computer, a school computer network, or other
26    similar electronic school equipment; or

 

 

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1        (4) through the transmission of information from a
2    computer that is accessed at a nonschool-related location,
3    activity, function, or program or from the use of
4    technology or an electronic device that is not owned,
5    leased, or used by a school district or school if the
6    bullying causes a substantial disruption to the
7    educational process or orderly operation of a school. This
8    item (4) applies only in cases in which a school
9    administrator or teacher receives a report that bullying
10    through this means has occurred and does not require a
11    district or school to staff or monitor any
12    nonschool-related activity, function, or program.
13    (a-5) Nothing in this Section is intended to infringe upon
14any right to exercise free expression or the free exercise of
15religion or religiously based views protected under the First
16Amendment to the United States Constitution or under Section 3
17of Article I of the Illinois Constitution.
18    (b) In this Section:
19    "Bullying" includes "cyber-bullying" and means any severe
20or pervasive physical or verbal act or conduct, including
21communications made in writing or electronically, directed
22toward a student or students that has or can be reasonably
23predicted to have the effect of one or more of the following:
24        (1) placing the student or students in reasonable fear
25    of harm to the student's or students' person or property;
26        (2) causing a substantially detrimental effect on the

 

 

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1    student's or students' physical or mental health;
2        (3) substantially interfering with the student's or
3    students' academic performance; or
4        (4) substantially interfering with the student's or
5    students' ability to participate in or benefit from the
6    services, activities, or privileges provided by a school.
7    Bullying, as defined in this subsection (b), may take
8various forms, including without limitation one or more of the
9following: harassment, threats, intimidation, stalking,
10physical violence, sexual harassment, sexual violence, theft,
11public humiliation, destruction of property, or retaliation
12for asserting or alleging an act of bullying. This list is
13meant to be illustrative and non-exhaustive.
14    "Cyber-bullying" means bullying through the use of
15technology or any electronic communication, including without
16limitation any transfer of signs, signals, writing, images,
17sounds, data, or intelligence of any nature transmitted in
18whole or in part by a wire, radio, electromagnetic system,
19photoelectronic system, or photooptical system, including
20without limitation electronic mail, Internet communications,
21instant messages, or facsimile communications.
22"Cyber-bullying" includes the creation of a webpage or weblog
23in which the creator assumes the identity of another person or
24the knowing impersonation of another person as the author of
25posted content or messages if the creation or impersonation
26creates any of the effects enumerated in the definition of

 

 

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1bullying in this Section. "Cyber-bullying" also includes the
2distribution by electronic means of a communication to more
3than one person or the posting of material on an electronic
4medium that may be accessed by one or more persons if the
5distribution or posting creates any of the effects enumerated
6in the definition of bullying in this Section.
7    "Policy on bullying" means a bullying prevention policy
8that meets the following criteria:
9        (1) Includes the bullying definition provided in this
10    Section.
11        (2) Includes a statement that bullying is contrary to
12    State law and the policy of the school district, charter
13    school, or non-public, non-sectarian elementary or
14    secondary school and is consistent with subsection (a-5) of
15    this Section.
16        (3) Includes procedures for promptly reporting
17    bullying, including, but not limited to, identifying and
18    providing the school e-mail address (if applicable) and
19    school telephone number for the staff person or persons
20    responsible for receiving such reports and a procedure for
21    anonymous reporting; however, this shall not be construed
22    to permit formal disciplinary action solely on the basis of
23    an anonymous report.
24        (4) Consistent with federal and State laws and rules
25    governing student privacy rights, includes procedures for
26    promptly informing parents or guardians of all students

 

 

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1    involved in the alleged incident of bullying and
2    discussing, as appropriate, the availability of social
3    work services, counseling, school psychological services,
4    other interventions, and restorative measures.
5        (5) Contains procedures for promptly investigating and
6    addressing reports of bullying, including the following:
7            (A) Making all reasonable efforts to complete the
8        investigation within 10 school days after the date the
9        report of the incident of bullying was received and
10        taking into consideration additional relevant
11        information received during the course of the
12        investigation about the reported incident of bullying.
13            (B) Involving appropriate school support personnel
14        and other staff persons with knowledge, experience,
15        and training on bullying prevention, as deemed
16        appropriate, in the investigation process.
17            (C) Notifying the principal or school
18        administrator or his or her designee of the report of
19        the incident of bullying as soon as possible after the
20        report is received.
21            (D) Consistent with federal and State laws and
22        rules governing student privacy rights, providing
23        parents and guardians of the students who are parties
24        to the investigation information about the
25        investigation and an opportunity to meet with the
26        principal or school administrator or his or her

 

 

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1        designee to discuss the investigation, the findings of
2        the investigation, and the actions taken to address the
3        reported incident of bullying.
4        (6) Includes the interventions that can be taken to
5    address bullying, which may include, but are not limited
6    to, school social work services, restorative measures,
7    social-emotional skill building, counseling, school
8    psychological services, and community-based services.
9        (7) Includes a statement prohibiting reprisal or
10    retaliation against any person who reports an act of
11    bullying and the consequences and appropriate remedial
12    actions for a person who engages in reprisal or
13    retaliation.
14        (8) Includes consequences and appropriate remedial
15    actions for a person found to have falsely accused another
16    of bullying as a means of retaliation or as a means of
17    bullying.
18        (9) Is based on the engagement of a range of school
19    stakeholders, including students and parents or guardians.
20        (10) Is posted on the school district's, charter
21    school's, or non-public, non-sectarian elementary or
22    secondary school's existing Internet website, is included
23    in the student handbook, and, where applicable, posted
24    where other policies, rules, and standards of conduct are
25    currently posted in the school and provided periodically
26    throughout the school year to students and faculty, and is

 

 

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1    distributed annually to parents, guardians, students, and
2    school personnel, including new employees when hired.
3        (11) As part of the process of reviewing and
4    re-evaluating the policy under subsection (d) of this
5    Section, contains a policy evaluation process to assess the
6    outcomes and effectiveness of the policy that includes, but
7    is not limited to, factors such as the frequency of
8    victimization; student, staff, and family observations of
9    safety at a school; identification of areas of a school
10    where bullying occurs; the types of bullying utilized; and
11    bystander intervention or participation. The school
12    district, charter school, or non-public, non-sectarian
13    elementary or secondary school may use relevant data and
14    information it already collects for other purposes in the
15    policy evaluation. The information developed as a result of
16    the policy evaluation must be made available on the
17    Internet website of the school district, charter school, or
18    non-public, non-sectarian elementary or secondary school.
19    If an Internet website is not available, the information
20    must be provided to school administrators, school board
21    members, school personnel, parents, guardians, and
22    students.
23        (12) Is consistent with the policies of the school
24    board, charter school, or non-public, non-sectarian
25    elementary or secondary school.
26    "Restorative measures" means a continuum of school-based

 

 

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1alternatives to exclusionary discipline, such as suspensions
2and expulsions, that: (i) are adapted to the particular needs
3of the school and community, (ii) contribute to maintaining
4school safety, (iii) protect the integrity of a positive and
5productive learning climate, (iv) teach students the personal
6and interpersonal skills they will need to be successful in
7school and society, (v) serve to build and restore
8relationships among students, families, schools, and
9communities, and (vi) reduce the likelihood of future
10disruption by balancing accountability with an understanding
11of students' behavioral health needs in order to keep students
12in school.
13    "School personnel" means persons employed by, on contract
14with, or who volunteer in a school district, charter school, or
15non-public, non-sectarian elementary or secondary school,
16including without limitation school and school district
17administrators, teachers, school guidance counselors, school
18social workers, school counselors, school psychologists,
19school nurses, cafeteria workers, custodians, bus drivers,
20school resource officers, and security guards.
21    (c) (Blank).
22    (d) Each school district, charter school, and non-public,
23non-sectarian elementary or secondary school shall create,
24maintain, and implement a policy on bullying, which policy must
25be filed with the State Board of Education and, for a school
26district or charter school, must be included in the student

 

 

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1code of conduct handbook in an age-appropriate manner. The
2policy or implementing procedure shall include a process to
3investigate whether a reported act of bullying is within the
4permissible scope of the district's or school's jurisdiction
5and shall require that the district or school provide the
6victim with information regarding services that are available
7within the district and community, such as counseling, support
8services, and other programs. School personnel available for
9help with a bully or to make a report about bullying shall be
10made known to parents or legal guardians, students, and school
11personnel. Every 2 years, each school district, charter school,
12and non-public, non-sectarian elementary or secondary school
13shall conduct a review and re-evaluation of its policy and make
14any necessary and appropriate revisions. The policy must be
15filed with the State Board of Education after being updated.
16The State Board of Education shall monitor and provide
17technical support for the implementation of policies created
18under this subsection (d).
19    (e) This Section shall not be interpreted to prevent a
20victim from seeking redress under any other available civil or
21criminal law.
22(Source: P.A. 99-78, eff. 7-20-15; 100-137, eff. 8-18-17.)
 
23    (105 ILCS 5/34-18.61 new)
24    Sec. 34-18.61. Policy on sexual harassment. The school
25district must create, maintain, and implement an

 

 

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1age-appropriate policy on sexual harassment that must be
2included in the district's student code of conduct handbook.