Text of IL SB 3266 (2010)

96TH GENERAL ASSEMBLY State of Illinois 2009 and 2010 SB3266 Introduced 2/9/2010, by Sen. Kimberly A. Lightford SYNOPSIS AS INTRODUCED: 105 ILCS 5/27-23.7 105 ILCS 5/27-23.9 new 30 ILCS 805/8.34 new 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. LRB096 20034 NHT 35537 b FISCAL NOTE ACT MAY APPLY STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT A BILL FOR SB3266 LRB096 20034 NHT 35537 b 1 AN ACT concerning education. 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 Section 5 27-23.7 and by adding Section 27-23.9 as follows: 6 (105 ILCS 5/27-23.7) 7 Sec. 27-23.7. Bullying prevention education; gang 8 resistance education and training. 9 (a) The General Assembly finds that a safe and civil school 10 environment is necessary for students to learn and achieve and 11 that bullying causes physical, psychological and emotional 12 harm to students and interferes with students' ability to learn 13 and participate in school activities. The General Assembly 14 further finds that bullying has a negative effect on the social 15 environment of schools, creates a climate of fear among 16 students, inhibits their ability to learn, and leads to other 17 antisocial behavior. Bullying behavior has been linked to other 18 forms of antisocial behavior, such as vandalism, shoplifting, 19 skipping and dropping out of school, fighting, using drugs and 20 alcohol, sexual harassment, and sexual violence. Because of the 21 negative outcomes associated with bullying in schools, the 22 General Assembly finds that school districts should educate all 23 students, parents, and school district personnel about what SB3266 - 2 - LRB096 20034 NHT 35537 b 1 behaviors constitute prohibited bullying. 2 Bullying on the basis of actual or perceived race, color, 3 religion, sex, national origin, ancestry, age, marital status, 4 physical or mental disability, military status, sexual 5 orientation, gender-related identity or expression, 6 unfavorable discharge from military service, association with 7 a person or group with one or more of the aforementioned actual 8 or perceived characteristics, or any other distinguishing 9 characteristic is prohibited in all school districts and 10 recognized non-public schools. No student shall be subjected to 11 bullying: 12 (1) during any school-sponsored education program or 13 activity; 14 (2) while in school, on school property, on school 15 buses or other school vehicles, at designated school bus 16 stops waiting for the school bus, or at school-sponsored or 17 school-sanctioned events or activities; or 18 (3) through the transmission of information from a 19 school computer, a school computer network, or other 20 similar electronic school equipment. 21 The General Assembly further finds that the instance of 22 youth delinquent gangs continues to rise on a statewide basis. 23 Given the higher rates of criminal offending among gang 24 members, as well as the availability of increasingly lethal 25 weapons, the level of criminal activity by gang members has 26 taken on new importance for law enforcement agencies, schools, SB3266 - 3 - LRB096 20034 NHT 35537 b 1 the community, and prevention efforts. 2 (b) In this Section: 3 "Bullying" includes any severe or pervasive physical or 4 verbal act or conduct, including communications made in writing 5 or electronically, directed toward a student or students that 6 has or can be reasonably predicted to have the effect of one or 7 more of the following: 8 (1) placing the student or students in reasonable fear 9 of harm to the student's or students' person or property; 10 (2) causing a substantially detrimental effect on the 11 student's or students' physical or mental health; 12 (3) substantially interfering with the student's or 13 students' academic performance; or 14 (4) substantially interfering with the student's or 15 students' ability to participate in or benefit from the 16 services, activities, or privileges provided by a school. 17 Bullying, as defined in this subsection (b), may include 18 without limitation harassment, threats, intimidation, 19 stalking, physical violence, sexual harassment or violence, 20 theft, public humiliation, teasing, social exclusion, 21 destruction of property, or retaliation for asserting or 22 alleging an act of bullying. 23 "Recognized Non-Public School" means any non-public school 24 recognized by the State Board of Education in accordance with 25 Section 2-3.25o of this Code. 26 "School personnel" means persons employed by, on contract SB3266 - 4 - LRB096 20034 NHT 35537 b 1 with, or who volunteer in a school district or recognized 2 non-public school, including without limitation school and 3 school district administrators, teachers, school guidance 4 counselors, school social workers, school counselors, school 5 psychologists, school nurses, cafeteria workers, custodians, 6 bus drivers, school resource officers, and security guards. 7 "Bullying prevention" means and includes instruction in 8 all of the following: 9 (1) Intimidation. 10 (2) Student victimization. 11 (3) Sexual harassment. 12 (4) Sexual violence. 13 (5) Strategies for student-centered problem solving 14 regarding bullying. 15 "Gang resistance education and training" means and 16 includes instruction in, without limitation, each of the 17 following subject matters when accompanied by a stated 18 objective of reducing gang activity and educating children in 19 grades K through 12 about the consequences of gang involvement: 20 (1) Conflict resolution. 21 (2) Cultural sensitivity. 22 (3) Personal goal setting. 23 (4) Resisting peer pressure. 24 (c) By January 1, 2011, every school district and 25 recognized non-public school shall have adopted and have in 26 effect a policy that complies with this subsection (c). Every SB3266 - 5 - LRB096 20034 NHT 35537 b 1 policy required under this subsection (c) must contain, at a 2 minimum, the following components: 3 (1) a definition of bullying that is consistent with 4 that which is set forth in subsections (a) and (b) of this 5 Section; 6 (2) a statement declaring that bullying is contrary to 7 state law and school district policy or the policy of the 8 recognized non-public school; 9 (3) procedure or procedures for reporting bullying, 10 including a provision that permits a person to report 11 bullying anonymously. No formal disciplinary action shall 12 be taken by a school district or recognized non-public 13 school solely on the basis of an anonymous report; 14 (4) a requirement that any school employee who has 15 reliable information that would lead a reasonable person to 16 suspect that a student is a target of bullying shall 17 immediately report it to the person or persons responsible 18 for investigating reports of bullying; 19 (5) an explanation of the procedure or procedures for 20 the prompt investigation of allegations of bullying, 21 including identification of the person or persons 22 responsible for investigating reports of bullying; 23 (6) the timelines that the school district or 24 recognized non-public school will follow to resolve 25 complaints of bullying; 26 (7) a list of the potential consequences for and SB3266 - 6 - LRB096 20034 NHT 35537 b 1 remedial actions that may be taken against an individual 2 who violates the bullying policy; and 3 (8) a list of the potential remedies for and protective 4 actions that may be taken for a student subjected to 5 bullying. 6 With respect to this list of potential remedies, the policy 7 must state that, except to secure their immediate safety or 8 with the consent of the adult who legally enrolled the student, 9 a student ordinarily should not be removed from a class, room, 10 school facility or school district in order to stop ongoing 11 bullying directed at them and if there is a need to separate 12 students for this purpose and to create an environment 13 conducive to learning and respect, it is presumed that the 14 offending students ordinarily should be removed. 15 A school district in every one of its schools, and a 16 recognized non-public school, shall (i) post the policy 17 required in this subsection (c) in an area of the school where 18 notices regarding the rules, regulations, procedures, and 19 standards of conduct are posted; (ii) distribute such policy 20 annually to parents, guardians, and students; (iii) provide the 21 policy to all school personnel at the beginning of each school 22 year and at the time a new employee is hired; and (iv) include 23 the policy on or in the school district's, or recognized 24 non-public school's website, student handbook, student 25 orientation material, or publication that sets forth the rules, 26 procedures, or standards of conduct for students. SB3266 - 7 - LRB096 20034 NHT 35537 b 1 Every policy required by this subsection (c) must be 2 implemented in a manner that is ongoing throughout the school 3 year and integrated with a school's curriculum, a school's 4 discipline policies and other violence prevention efforts. 5 Each school district may make suitable provisions for 6 instruction in bullying prevention and gang resistance 7 education and training in all grades and include such 8 instruction in the courses of study regularly taught therein. A 9 school board may collaborate with a community-based agency 10 providing specialized curricula in bullying prevention whose 11 ultimate outcome is to prevent sexual violence. For the 12 purposes of gang resistance education and training, a school 13 board must collaborate with State and local law enforcement 14 agencies. The State Board of Education may assist in the 15 development of instructional materials and teacher training in 16 relation to bullying prevention and gang resistance education 17 and training. 18 (d) Every school district and recognized non-public school 19 shall maintain data regarding the allegations and incidents of 20 bullying in the school district or recognized non-public 21 school, including a record of each complaint alleging a 22 violation of the bullying policy and the resulting 23 determination made or actions taken, or both, in response to 24 the complaint. Beginning with 2011-2012 school year, every 25 school district and recognized non-public school must submit to 26 the State Board of Education data regarding bullying in a SB3266 - 8 - LRB096 20034 NHT 35537 b 1 format to be determined by the State Board of Education. 2 Subject to funds appropriated for these purposes, the State 3 Board of Education, in collaboration with additional State 4 agencies at its discretion, shall facilitate compliance with 5 this Section by doing the following: 6 (1) preparing model policies applicable to and age 7 appropriate for grades K through 12; and 8 (2) developing a demonstration project under which the 9 State Board of Education shall provide, either directly or 10 through a contract, in-service training and technical 11 assistance regarding bullying to school personnel and 12 students in selected school districts, which project shall 13 do the following: 14 (A) address the causes of bullying and train 15 teachers, administrators, student services personnel, 16 and other school personnel about strategies to prevent 17 bullying and to effectively intervene when such 18 incidents occur; 19 (B) teach students about the consequences of 20 bullying and to effectively intervene when such 21 incidents occur; and 22 (C) evaluate the effects of the in-service 23 training and technical assistance on bullying behavior 24 and its consequences within the school district. 25 The demonstration project shall operate for 2 years, 26 beginning in the 2011-2012 school year, in 5 to 10 school SB3266 - 9 - LRB096 20034 NHT 35537 b 1 districts that meet criteria to be determined by the State 2 Board of Education. Beginning 180 days after August 23, 3 2007 (the effective date of Public Act 95-349), each school 4 district shall create and maintain a policy on bullying, 5 which policy must be filed with the State Board of 6 Education. Each school district must communicate its 7 policy on bullying to its students and their parent or 8 guardian on an annual basis. The policy must be updated 9 every 2 years and filed with the State Board of Education 10 after being updated. The State Board of Education shall 11 monitor the implementation of policies created under this 12 subsection (d). 13 (e) A school district or recognized non-public school 14 employee, volunteer or student, or a student's parent or 15 guardian, who promptly, reasonably, and in good faith reports 16 an incident of harassment, in compliance with the procedures in 17 the policy adopted pursuant to subsection (c) of this Section, 18 to the appropriate school official designated by the school 19 district or recognized non-public school, shall be immune from 20 civil or criminal liability related to the report and to 21 participation in any administrative or judicial proceeding 22 resulting from or relating to the report. 23 (f) This Section shall not be interpreted to prevent a 24 victim from seeking redress under any other available civil or 25 criminal law. Nothing in this Section is intended to infringe 26 upon the right of a school employee or student to exercise SB3266 - 10 - LRB096 20034 NHT 35537 b 1 their right of free speech. 2 (Source: P.A. 94-937, eff. 6-26-06; 95-198, eff. 1-1-08; 3 95-349, eff. 8-23-07; 95-876, eff. 8-21-08.) 4 (105 ILCS 5/27-23.9 new) 5 Sec. 27-23.9. Gang resistance education and training. 6 (a) The General Assembly finds that the instance of youth 7 delinquent gangs continues to rise on a statewide basis. Given 8 the higher rates of criminal offending among gang members, as 9 well as the availability of increasingly lethal weapons, the 10 level of criminal activity by gang members has taken on new 11 importance for law enforcement agencies, schools, the 12 community, and prevention efforts. 13 (b) As used in this Section: 14 "Gang resistance education and training" means and 15 includes instruction in, without limitation, each of the 16 following subject matters when accompanied by a stated 17 objective of reducing gang activity and educating children in 18 grades K through 12 about the consequences of gang involvement: 19 (1) conflict resolution; 20 (2) cultural sensitivity; 21 (3) personal goal setting; and 22 (4) resisting peer pressure. 23 (c) Each school district may make suitable provisions for 24 instruction in gang resistance education and training in all 25 grades and include that instruction in the courses of study SB3266 - 11 - LRB096 20034 NHT 35537 b 1 regularly taught in those grades. For the purposes of gang 2 resistance education and training, a school board must 3 collaborate with State and local law enforcement agencies. The 4 State Board of Education may assist in the development of 5 instructional materials and teacher training in relation to 6 gang resistance education and training. 7 Section 90. The State Mandates Act is amended by adding 8 Section 8.34 as follows: 9 (30 ILCS 805/8.34 new) 10 Sec. 8.34. Exempt mandate. Notwithstanding Sections 6 and 8 11 of this Act, no reimbursement by the State is required for the 12 implementation of any mandate created by this amendatory Act of 13 the 96th General Assembly. 14 Section 99. Effective date. This Act takes effect upon 15 becoming law.

SB3266 Enrolled LRB096 20034 NHT 35537 b 1 AN ACT concerning education. 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 Section 5 27-23.7 and by adding Sections 27-23.9 and 27-23.10 as follows: 6 (105 ILCS 5/27-23.7) 7 Sec. 27-23.7. Bullying prevention education; gang 8 resistance education and training. 9 (a) The General Assembly finds that a safe and civil school 10 environment is necessary for students to learn and achieve and 11 that bullying causes physical, psychological, and emotional 12 harm to students and interferes with students' ability to learn 13 and participate in school activities. The General Assembly 14 further finds that bullying has a negative effect on the social 15 environment of schools, creates a climate of fear among 16 students, inhibits their ability to learn, and leads to other 17 antisocial behavior. Bullying behavior has been linked to other 18 forms of antisocial behavior, such as vandalism, shoplifting, 19 skipping and dropping out of school, fighting, using drugs and 20 alcohol, sexual harassment, and sexual violence. Because of the 21 negative outcomes associated with bullying in schools, the 22 General Assembly finds that school districts and non-public, 23 non-sectarian elementary and secondary schools should educate SB3266 Enrolled - 2 - LRB096 20034 NHT 35537 b 1 students, parents, and school district or non-public, 2 non-sectarian elementary or secondary school personnel about 3 what behaviors constitute prohibited bullying. 4 Bullying on the basis of actual or perceived race, color, 5 religion, sex, national origin, ancestry, age, marital status, 6 physical or mental disability, military status, sexual 7 orientation, gender-related identity or expression, 8 unfavorable discharge from military service, association with 9 a person or group with one or more of the aforementioned actual 10 or perceived characteristics, or any other distinguishing 11 characteristic is prohibited in all school districts and 12 non-public, non-sectarian elementary and secondary schools. No 13 student shall be subjected to bullying: 14 (1) during any school-sponsored education program or 15 activity; 16 (2) while in school, on school property, on school 17 buses or other school vehicles, at designated school bus 18 stops waiting for the school bus, or at school-sponsored or 19 school-sanctioned events or activities; or 20 (3) through the transmission of information from a 21 school computer, a school computer network, or other 22 similar electronic school equipment. 23 The General Assembly further finds that the instance of 24 youth delinquent gangs continues to rise on a statewide basis. 25 Given the higher rates of criminal offending among gang 26 members, as well as the availability of increasingly lethal SB3266 Enrolled - 3 - LRB096 20034 NHT 35537 b 1 weapons, the level of criminal activity by gang members has 2 taken on new importance for law enforcement agencies, schools, 3 the community, and prevention efforts. 4 (b) In this Section: 5 "Bullying" means any severe or pervasive physical or verbal 6 act or conduct, including communications made in writing or 7 electronically, directed toward a student or students that has 8 or can be reasonably predicted to have the effect of one or 9 more of the following: 10 (1) placing the student or students in reasonable fear 11 of harm to the student's or students' person or property; 12 (2) causing a substantially detrimental effect on the 13 student's or students' physical or mental health; 14 (3) substantially interfering with the student's or 15 students' academic performance; or 16 (4) substantially interfering with the student's or 17 students' ability to participate in or benefit from the 18 services, activities, or privileges provided by a school. 19 Bullying, as defined in this subsection (b), may take 20 various forms, including without limitation one or more of the 21 following: harassment, threats, intimidation, stalking, 22 physical violence, sexual harassment, sexual violence, theft, 23 public humiliation, destruction of property, or retaliation 24 for asserting or alleging an act of bullying. This list is 25 meant to be illustrative and non-exhaustive. 26 "School personnel" means persons employed by, on contract SB3266 Enrolled - 4 - LRB096 20034 NHT 35537 b 1 with, or who volunteer in a school district or non-public, 2 non-sectarian elementary or secondary school, including 3 without limitation school and school district administrators, 4 teachers, school guidance counselors, school social workers, 5 school counselors, school psychologists, school nurses, 6 cafeteria workers, custodians, bus drivers, school resource 7 officers, and security guards. 8 "Bullying prevention" means and includes instruction in 9 all of the following: 10 (1) Intimidation. 11 (2) Student victimization. 12 (3) Sexual harassment. 13 (4) Sexual violence. 14 (5) Strategies for student-centered problem solving 15 regarding bullying. 16 "Gang resistance education and training" means and 17 includes instruction in, without limitation, each of the 18 following subject matters when accompanied by a stated 19 objective of reducing gang activity and educating children in 20 grades K through 12 about the consequences of gang involvement: 21 (1) Conflict resolution. 22 (2) Cultural sensitivity. 23 (3) Personal goal setting. 24 (4) Resisting peer pressure. 25 (c) (Blank). Each school district may make suitable 26 provisions for instruction in bullying prevention and gang SB3266 Enrolled - 5 - LRB096 20034 NHT 35537 b 1 resistance education and training in all grades and include 2 such instruction in the courses of study regularly taught 3 therein. A school board may collaborate with a community-based 4 agency providing specialized curricula in bullying prevention 5 whose ultimate outcome is to prevent sexual violence. For the 6 purposes of gang resistance education and training, a school 7 board must collaborate with State and local law enforcement 8 agencies. The State Board of Education may assist in the 9 development of instructional materials and teacher training in 10 relation to bullying prevention and gang resistance education 11 and training. 12 (d) Each Beginning 180 days after August 23, 2007 (the 13 effective date of Public Act 95-349), each school district and 14 non-public, non-sectarian elementary or secondary school shall 15 create and maintain a policy on bullying, which policy must be 16 filed with the State Board of Education. Each school district 17 and non-public, non-sectarian elementary or secondary school 18 must communicate its policy on bullying to its students and 19 their parent or guardian on an annual basis. The policy must be 20 updated every 2 years and filed with the State Board of 21 Education after being updated. The State Board of Education 22 shall monitor the implementation of policies created under this 23 subsection (d). 24 (e) This Section shall not be interpreted to prevent a 25 victim from seeking redress under any other available civil or 26 criminal law. Nothing in this Section is intended to infringe SB3266 Enrolled - 6 - LRB096 20034 NHT 35537 b 1 upon any right to exercise free expression or the free exercise 2 of religion or religiously based views protected under the 3 First Amendment to the United States Constitution or under 4 Section 3 or 4 of Article 1 of the Illinois Constitution. 5 (Source: P.A. 94-937, eff. 6-26-06; 95-198, eff. 1-1-08; 6 95-349, eff. 8-23-07; 95-876, eff. 8-21-08.) 7 (105 ILCS 5/27-23.9 new) 8 (Section scheduled to be repealed on March 2, 2011) 9 Sec. 27-23.9. School Bullying Prevention Task Force. 10 (a) In this Section, "Task Force" means the School Bullying 11 Prevention Task Force. 12 (b) The Task Force is created and charged with exploring 13 the causes and consequences of bullying in schools in this 14 State, identifying promising practices that reduce incidences 15 of bullying, highlighting training and technical assistance 16 opportunities for schools to effectively address bullying, 17 evaluating the effectiveness of schools' current anti-bullying 18 policies and other bullying prevention programs, and other 19 related issues. 20 (c) Within 60 days after the effective date of this 21 amendatory Act of the 96th General Assembly, the State 22 Superintendent of Education shall appoint 15 members to the 23 Task Force. The membership of the Task Force shall include 24 representatives of State agencies whose work includes bullying 25 prevention or intervention; statewide organizations that focus SB3266 Enrolled - 7 - LRB096 20034 NHT 35537 b 1 on violence or bullying prevention or intervention; teachers 2 and management personnel from at least 3 school districts; 3 academics who conduct research on bullying, its consequences to 4 students in grades K through 12, or effective strategies for 5 preventing or addressing bullying; a current high school or 6 college student who has experienced bullying; and others at the 7 State Superintendent's discretion. Members of the Task Force 8 shall serve without compensation. 9 (d) The State Board of Education shall provide technical 10 assistance for the work of the Task Force. 11 (e) No later than March 1, 2011, the Task Force shall 12 submit a report to the Governor and the General Assembly on any 13 recommendations for preventing and addressing bullying in 14 schools in this State and a proposed timeline for meeting the 15 Task Force's charges identified in this Section. 16 (f) This Section is repealed on March 2, 2011. 17 (105 ILCS 5/27-23.10 new) 18 Sec. 27-23.10. Gang resistance education and training. 19 (a) The General Assembly finds that the instance of youth 20 delinquent gangs continues to rise on a statewide basis. Given 21 the higher rates of criminal offending among gang members, as 22 well as the availability of increasingly lethal weapons, the 23 level of criminal activity by gang members has taken on new 24 importance for law enforcement agencies, schools, the 25 community, and prevention efforts. SB3266 Enrolled - 8 - LRB096 20034 NHT 35537 b 1 (b) As used in this Section: 2 "Gang resistance education and training" means and 3 includes instruction in, without limitation, each of the 4 following subject matters when accompanied by a stated 5 objective of reducing gang activity and educating children in 6 grades K through 12 about the consequences of gang involvement: 7 (1) conflict resolution; 8 (2) cultural sensitivity; 9 (3) personal goal setting; and 10 (4) resisting peer pressure. 11 (c) Each school district and non-public, non-sectarian 12 elementary or secondary school in this State may make suitable 13 provisions for instruction in gang resistance education and 14 training in all grades and include that instruction in the 15 courses of study regularly taught in those grades. For the 16 purposes of gang resistance education and training, a school 17 board or the governing body of a non-public, non-sectarian 18 elementary or secondary school must collaborate with State and 19 local law enforcement agencies. The State Board of Education 20 may assist in the development of instructional materials and 21 teacher training in relation to gang resistance education and 22 training. 23 Section 90. The State Mandates Act is amended by adding 24 Section 8.34 as follows: SB3266 Enrolled - 9 - LRB096 20034 NHT 35537 b 1 (30 ILCS 805/8.34 new) 2 Sec. 8.34. Exempt mandate. Notwithstanding Sections 6 and 8 3 of this Act, no reimbursement by the State is required for the 4 implementation of any mandate created by this amendatory Act of 5 the 96th General Assembly. 6 Section 99. Effective date. This Act takes effect upon 7 becoming law.