..
Synopsis: 2001 Ill. Public
Act 92-060, H.B. 646 Requires school boards, in consultation with
parent-teacher advisory committees and other community-based organizations,
to include provisions in student discipline policies to address students
who have demonstrated behaviors that put them at risk for aggressive behavior,
including bullying, as defined in the policy. Requires these provisions
to include procedures for notifying parents or legal guardians and early
intervention procedures based upon available community-based and district
resources.
2001 Ill. Public Act 92-96, S.B. 1026 Provides that
whoever by threat, menace or intimidation prevents a child entitled to
attend a public or nonpublic school from attending that school or interferes
with the child's attendance at that school is guilty of a Class A misdemeanor.
A Cyberbullying law passed in May 2008, bringing a
C- law up to a solid C. (When Illinois updates their law in the future,
adding what’s missing, having a cyberbullying component will add a “+”
on their A Grade.) The article from The Associated Press is below
SPRINGFIELD -- An Illinois measure that would
criminalize Internet bullying is in Governor Rod Blagojevich's hands.
The state House signed off on the bill Thursday. It outlaws the use of
the Internet to harass someone and specifically bars the posting of threatening
comments on Web sites or online message boards. The legislation
is in response to the case of a 13-year-old Missouri girl who hanged herself
in 2006 after receiving cruel messages via MySpace. Violations
would be punishable by up to one year in prison for a first offense and
up to three years for a second.
2010 - Synopsis As
Introduced
Amends the School Code. In provisions concerning bullying
prevention, makes changes concerning the criteria for bullying, the written
policy on bullying that schools must adopt (including posting requirements),
and implementation of the written policy. Requires that schools maintain
records concerning any bullying incidents. Adds provisions concerning criminal
and civil immunity for specified parties. Adds provisions concerning gang
resistance education and training for students. Amends the State Mandates
Act to require implementation without reimbursement. Effective immediately.
ILLINOIS
A-
SB 3266 - (2010)
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 Section
27-23.7 and by adding Sections 27-23.9 and 27-23.10 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
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 and 12 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.
(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.
"School personnel" means persons employed
by, on contract with, or who volunteer in a school district 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 and non-public, non-sectarian
elementary or secondary school shall
create and maintain a policy on bullying, which policy must
be filed with the State Board of Education. 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 the implementation of policies created under this subsection
(d).
(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. 94-937, eff. 6-26-06; 95-198, eff. 1-1-08; 95-349, eff.
8-23-07; 95-876, eff. 8-21-08.)
(105 ILCS 5/27-23.9 new)
(Section scheduled to be repealed on March 2, 2011)
Sec. 27-23.9. School Bullying Prevention Task Force.
(a) In this Section, "Task Force" means the School Bullying
Prevention Task Force.
(b) The Task Force is created and charged with exploring
the causes and consequences of bullying in schools in this State, identifying
promising practices that reduce incidences of bullying, highlighting training
and technical assistance opportunities for schools to effectively address
bullying, evaluating the effectiveness of schools' current anti-bullying
policies and other bullying prevention programs, and other related
issues.
(c) Within 60 days after the effective date of this amendatory
Act of the 96th General Assembly, the State Superintendent of Education
shall appoint 15 members to the Task Force. The membership of the Task
Force shall include representatives of State agencies whose work includes
bullying prevention or intervention; statewide organizations that focus
on violence or bullying prevention or intervention; teachers and management
personnel from at least 3 school districts; academics who conduct research
on bullying, its consequences to students in grades K through 12, or effective
strategies for preventing or addressing bullying; a current high school
or college student who has experienced bullying; and others at the State
Superintendent's discretion. Members of the Task Force shall serve without
compensation.
(d) The State Board of Education shall provide technical
assistance for the work of the Task Force.
(e) No later than March 1, 2011, the Task Force shall
submit a report to the Governor and the General Assembly on any recommendations
for preventing and addressing bullying in
schools in this State and a proposed timeline for meeting the Task
Force's charges identified in this Section.
(f) This Section is repealed on March 2, 2011.
(105 ILCS 5/27-23.10 new)
Sec. 27-23.10. Gang resistance education and training.
(a) The General Assembly finds that the instance of youth
delinquent gangs continues to rise on a statewide basis. Given the higher
rates of criminal offending among gang members, as well as the availability
of increasingly lethal weapons, the level of criminal activity by gang
members has taken on new importance for law enforcement agencies, schools,
the community, and prevention efforts.
(b) As used in this Section: "Gang resistance education
and training" means and includes instruction in, without limitation, each
of the following subject matters when accompanied by a stated objective
of reducing gang activity and educating children in grades K through 12
about the consequences of gang involvement:
(1) conflict resolution;
(2) cultural sensitivity;
(3) personal goal setting; and
(4) resisting peer pressure.
(c) Each school district and non-public, non-sectarian
elementary or secondary school in this State may make suitable provisions
for instruction in gang resistance education and training in all grades
and include that instruction in the courses of study regularly taught in
those grades. For the purposes of gang resistance education and training,
a school board or the governing body of a non-public, non-sectarian elementary
or secondary school must collaborate with State and local law enforcement
agencies. The State Board of Education may assist in the development of
instructional materials and teacher training in relation to gang resistance
education and training.
Section 90. The State Mandates Act is amended by adding
Section 8.34 as follows: (30 ILCS 805/8.34 new)
Sec. 8.34. Exempt mandate. Notwithstanding Sections 6 and 8 of this
Act, no reimbursement by the State is required for the implementation of
any mandate created by this amendatory Act of the 96th General Assembly.
Section 99. Effective date. This Act takes effect upon becoming law.
2001 Ill. Public Act 92-060, H.B. 646
1 AN ACT with
regard to schools.
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
5 Section 10-20.14 as follows:
6 (105 ILCS 5/10-20.14)
(from Ch. 122, par. 10-20.14)
7 Sec.
10-20.14. Student discipline
policies;
8 Parent-teacher advisory committee.
9 (a) To establish
and maintain a parent-teacher advisory
10 committee to develop with the school board
policy guidelines
11 on pupil discipline, including school searches,
to furnish a
12 copy of the policy to the parents
or guardian of each pupil
13 within 15 days after the beginning of the
school year, or
14 within 15 days after starting
classes for a pupil who
15 transfers into the district during the school
year, and to
16 require that each school informs its
pupils of the contents
17 of its policy. School boards, along with
the parent-teacher
18 advisory committee, are encouraged
to annually review their
19 pupil discipline policies, the
implementation of those
20 policies, and any other
factors related to the safety of
21 their schools, pupils, and staff.
22 (b) The parent-teacher
advisory committee in cooperation
23 with local law enforcement agencies shall develop,
with the
24 school board, policy guideline
procedures to establish and
25 maintain a reciprocal reporting system
between the school
26 district and local
law enforcement agencies regarding
27 criminal offenses committed by students.
28 (c) The
parent-teacher advisory committee,
in
29 cooperation with school bus
personnel, shall develop, with
30 the school board, policy guideline procedures
to establish
31 and maintain school bus safety procedures.
These procedures
HB0646 Enrolled
-2-
LRB9203859NTsb
1 shall be incorporated into the district's
pupil discipline
2 policy.
3 (d) The
school board, in consultation
with the
4 parent-teacher advisory committee and
other community-based
5 organizations, must
include provisions in the student
6 discipline policy to address students
who have demonstrated
7 behaviors that put them
at risk for aggressive behavior,
8 including without limitation bullying,
as defined in the
9 policy. These provisions
must include procedures for
10 notifying parents or legal guardians and
early intervention
11 procedures based upon available community-based
and district
12 resources.
13 (Source: P.A. 91-272, eff. 1-1-00.)
2001 Ill. Public Act 92-96, S.B. 1026
SB1026 Enrolled
LRB9208154NTsb
1 AN ACT relating to
schools.
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
5 Section 22-12 as follows:
6 (105 ILCS 5/22-12)
(from Ch. 122, par. 22-12)
7 Sec. 22-12. Preventing
or interfering with a child's
8 attendance at
school. Whoever by threat, menace,
or
9 intimidation prevents any child entitled
to attend a public
10 or nonpublic school in this State from
attending such school
11 or interferes with any such child's attendance
at that school
12 shall be guilty of a Class A misdemeanor.
13 (Source: P.A. 89-610, eff. 8-6-96.) |
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