Illinois General Assembly - Full Text of HB4207
Illinois General Assembly

Previous General Assemblies

Full Text of HB4207  98th General Assembly




HB4207 EnrolledLRB098 16062 NHT 51115 b

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 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 or non-public,
21non-sectarian elementary or secondary school personnel about
22what behaviors constitute prohibited bullying.
23    Bullying on the basis of actual or perceived race, color,



HB4207 Enrolled- 2 -LRB098 16062 NHT 51115 b

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 and
8non-public, non-sectarian elementary and secondary schools. No
9student 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 causes a substantial disruption to the
25    educational process or orderly operation of a school. This
26    item (4) applies only in cases in which a school



HB4207 Enrolled- 3 -LRB098 16062 NHT 51115 b

1    administrator or teacher receives a report that bullying
2    through this means has occurred and does not require a
3    district or school to staff or monitor any
4    nonschool-related activity, function, or program.
5    (b) In this Section:
6    "Bullying" includes "cyber-bullying" and means any severe
7or pervasive physical or verbal act or conduct, including
8communications made in writing or electronically, directed
9toward a student or students that has or can be reasonably
10predicted 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
21various forms, including without limitation one or more of the
22following: harassment, threats, intimidation, stalking,
23physical violence, sexual harassment, sexual violence, theft,
24public humiliation, destruction of property, or retaliation
25for asserting or alleging an act of bullying. This list is
26meant to be illustrative and non-exhaustive.



HB4207 Enrolled- 4 -LRB098 16062 NHT 51115 b

1    "Cyber-bullying" means bullying through the use of
2technology or any electronic communication, including without
3limitation any transfer of signs, signals, writing, images,
4sounds, data, or intelligence of any nature transmitted in
5whole or in part by a wire, radio, electromagnetic system,
6photoelectronic system, or photooptical system, including
7without limitation electronic mail, Internet communications,
8instant messages, or facsimile communications.
9"Cyber-bullying" includes the creation of a webpage or weblog
10in which the creator assumes the identity of another person or
11the knowing impersonation of another person as the author of
12posted content or messages if the creation or impersonation
13creates any of the effects enumerated in the definition of
14bullying in this Section. "Cyber-bullying" also includes the
15distribution by electronic means of a communication to more
16than one person or the posting of material on an electronic
17medium that may be accessed by one or more persons if the
18distribution or posting creates any of the effects enumerated
19in the definition of bullying in this Section.
20    "School personnel" means persons employed by, on contract
21with, or who volunteer in a school district or non-public,
22non-sectarian elementary or secondary school, including
23without limitation school and school district administrators,
24teachers, school guidance counselors, school social workers,
25school counselors, school psychologists, school nurses,
26cafeteria workers, custodians, bus drivers, school resource



HB4207 Enrolled- 5 -LRB098 16062 NHT 51115 b

1officers, and security guards.
2    (c) (Blank).
3    (d) Each school district and non-public, non-sectarian
4elementary or secondary school shall create and maintain a
5policy on bullying, which policy must be filed with the State
6Board of Education. The policy or implementing procedure shall
7include a process to investigate whether a reported act of
8bullying is within the permissible scope of the district's or
9school's jurisdiction and shall require that the district or
10school provide the victim with information regarding services
11that are available within the district and community, such as
12counseling, support services, and other programs. Each school
13district and non-public, non-sectarian elementary or secondary
14school must communicate its policy on bullying to its students
15and their parent or guardian on an annual basis. The policy
16must be updated every 2 years and filed with the State Board of
17Education after being updated. The State Board of Education
18shall monitor the implementation of policies created under this
19subsection (d).
20    (e) This Section shall not be interpreted to prevent a
21victim from seeking redress under any other available civil or
22criminal law. Nothing in this Section is intended to infringe
23upon any right to exercise free expression or the free exercise
24of religion or religiously based views protected under the
25First Amendment to the United States Constitution or under
26Section 3 or 4 of Article 1 of the Illinois Constitution.



HB4207 Enrolled- 6 -LRB098 16062 NHT 51115 b

1(Source: P.A. 95-198, eff. 1-1-08; 95-349, eff. 8-23-07;
295-876, eff. 8-21-08; 96-952, eff. 6-28-10.)
3    Section 99. Effective date. This Act takes effect January
41, 2015.