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Full Text of HB4674
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HB4674 - 104th General Assembly
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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB4674
Introduced 2/3/2026, by Rep. Maurice A. West, II
SYNOPSIS AS INTRODUCED:
105 ILCS 5/22-110
was 105 ILCS 5/27-23.7
105 ILCS 5/22-112 new
Amends the School Code. Requires a policy on bullying to establish
escalating interventions for students who engage in known, pervasive, and
persistent bullying. Provides that in the event of the death by suicide of
a student enrolled in a school district, the school district shall
initiate a complete and transparent investigation to determine whether
bullying or harassment related to the educational environment played a
contributing role; sets forth investigation requirements. Requires the
school district, upon completion of the investigation, to prepare a
written investigative report summarizing findings, conclusions, and
recommended corrective actions; sets forth report requirements. Allows the
State Board of Education to review the report for compliance and to require
a corrective action plan or an additional review if deficiencies are
identified.
LRB104 17817 LNS 31250 b
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT
MAY APPLY
A BILL FOR
HB4674
LRB104 17817 LNS 31250 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
22-110 and by adding Section 22-112 as follows:
6
(105 ILCS 5/22-110)
(was 105 ILCS 5/27-23.7)
7
(Text of Section before amendment by P.A. 104-338
)
8
Sec. 22-110.
Bullying prevention.
9
(a) The General Assembly finds that a safe and civil
10
school environment is necessary for students to learn and
11
achieve and that bullying causes physical, psychological, and
12
emotional harm to students and interferes with students'
13
ability to learn and participate in school activities. The
14
General Assembly further finds that bullying has been linked
15
to other forms of antisocial behavior, such as vandalism,
16
shoplifting, skipping and dropping out of school, fighting,
17
using drugs and alcohol, sexual harassment, and sexual
18
violence. Because of the negative outcomes associated with
19
bullying in schools, the General Assembly finds that school
20
districts, charter schools, and non-public, non-sectarian
21
elementary and secondary schools should educate students,
22
parents, and school district, charter school, or non-public,
23
non-sectarian elementary or secondary school personnel about
HB4674
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LRB104 17817 LNS 31250 b
1
what behaviors constitute prohibited bullying.
2
Bullying on the basis of actual or perceived race, color,
3
religion, sex, national origin, ancestry, physical appearance,
4
socioeconomic status, academic status, pregnancy, parenting
5
status, homelessness, age, marital status, physical or mental
6
disability, military status, sexual orientation,
7
gender-related identity or expression, unfavorable discharge
8
from military service, association with a person or group with
9
one or more of the aforementioned actual or perceived
10
characteristics, or any other distinguishing characteristic is
11
prohibited in all school districts, charter schools, 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
19
or school-sanctioned events or activities;
20
(3) through the transmission of information from a
21
school computer, a school computer network, or other
22
similar electronic school equipment; or
23
(4) through the transmission of information from a
24
computer that is accessed at a nonschool-related location,
25
activity, function, or program or from the use of
26
technology or an electronic device that is not owned,
HB4674
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LRB104 17817 LNS 31250 b
1
leased, or used by a school district or school if the
2
bullying causes a substantial disruption to the
3
educational process or orderly operation of a school. This
4
item (4) applies only in cases in which a school
5
administrator or teacher receives a report that bullying
6
through this means has occurred and does not require a
7
district or school to staff or monitor any
8
nonschool-related activity, function, or program.
9
(a-5) Nothing in this Section is intended to infringe upon
10
any right to exercise free expression or the free exercise of
11
religion or religiously based views protected under the First
12
Amendment to the United States Constitution or under Section 3
13
of Article I of the Illinois Constitution.
14
(b) In this Section:
15
"Bullying" includes "cyber-bullying" and means any severe
16
or pervasive physical or verbal act or conduct, including
17
communications made in writing or electronically, directed
18
toward a student or students that has or can be reasonably
19
predicted to have the effect of one or more of the following:
20
(1) placing the student or students in reasonable fear
21
of harm to the student's or students' person or property;
22
(2) causing a substantially detrimental effect on the
23
student's or students' physical or mental health;
24
(3) substantially interfering with the student's or
25
students' academic performance; or
26
(4) substantially interfering with the student's or
HB4674
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LRB104 17817 LNS 31250 b
1
students' ability to participate in or benefit from the
2
services, activities, or privileges provided by a school.
3
Bullying, as defined in this subsection (b), may take
4
various forms, including
,
without limitation
,
one or more of
5
the following: harassment, threats, intimidation, stalking,
6
physical violence, sexual harassment, sexual violence, theft,
7
public humiliation, destruction of property, or retaliation
8
for asserting or alleging an act of bullying. This list is
9
meant to be illustrative and non-exhaustive.
10
"Cyber-bullying" means bullying through the use of
11
technology or any electronic communication, including
,
without
12
limitation
,
any transfer of signs, signals, writing, images,
13
sounds, data, or intelligence of any nature transmitted in
14
whole or in part by a wire, radio, electromagnetic system,
15
photoelectronic system, or photooptical system, including
,
16
without limitation
,
electronic mail, Internet communications,
17
instant messages, or facsimile communications.
18
"Cyber-bullying" includes the creation of a webpage or weblog
19
in which the creator assumes the identity of another person or
20
the knowing impersonation of another person as the author of
21
posted content or messages if the creation or impersonation
22
creates any of the effects enumerated in the definition of
23
bullying in this Section. "Cyber-bullying" also includes the
24
distribution by electronic means of a communication to more
25
than one person or the posting of material on an electronic
26
medium that may be accessed by one or more persons if the
HB4674
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LRB104 17817 LNS 31250 b
1
distribution or posting creates any of the effects enumerated
2
in the definition of bullying in this Section.
3
"Policy on bullying" means a bullying prevention policy
4
that meets the following criteria:
5
(1) Includes the bullying definition provided in this
6
Section.
7
(2) Includes a statement that bullying is contrary to
8
State law and the policy of the school district, charter
9
school, or non-public, non-sectarian elementary or
10
secondary school and is consistent with subsection (a-5)
11
of this Section.
12
(3) Includes procedures for promptly reporting
13
bullying, including, but not limited to, identifying and
14
providing the school e-mail address (if applicable) and
15
school telephone number for the staff person or persons
16
responsible for receiving such reports and a procedure for
17
anonymous reporting; however, this shall not be construed
18
to permit formal disciplinary action solely on the basis
19
of an anonymous report.
20
(4) Consistent with federal and State laws and rules
21
governing student privacy rights, includes procedures for
22
informing parents or guardians of all students involved in
23
the alleged incident of bullying within 24 hours after the
24
school's administration is made aware of the students'
25
involvement in the incident and discussing, as
26
appropriate, the availability of social work services,
HB4674
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LRB104 17817 LNS 31250 b
1
counseling, school psychological services, other
2
interventions, and restorative measures. The school shall
3
make diligent efforts to notify a parent or legal
4
guardian, utilizing all contact information the school has
5
available or that can be reasonably obtained by the school
6
within the 24-hour period.
7
(5) Contains procedures for promptly investigating and
8
addressing reports of bullying, including the following:
9
(A) Making all reasonable efforts to complete the
10
investigation within 10 school days after the date the
11
report of the incident of bullying was received and
12
taking into consideration additional relevant
13
information received during the course of the
14
investigation about the reported incident of bullying.
15
(B) Involving appropriate school support personnel
16
and other staff persons with knowledge, experience,
17
and training on bullying prevention, as deemed
18
appropriate, in the investigation process.
19
(C) Notifying the principal or school
20
administrator or his or her designee of the report of
21
the incident of bullying as soon as possible after the
22
report is received.
23
(D) Consistent with federal and State laws and
24
rules governing student privacy rights, providing
25
parents and guardians of the students who are parties
26
to the investigation information about the
HB4674
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LRB104 17817 LNS 31250 b
1
investigation and an opportunity to meet with the
2
principal or school administrator or his or her
3
designee to discuss the investigation, the findings of
4
the investigation, and the actions taken to address
5
the reported incident of bullying.
6
(6) Includes the interventions that can be taken to
7
address bullying, which may include, but are not limited
8
to, school social work services, restorative measures,
9
social-emotional skill building, counseling, school
10
psychological services, and community-based services.
11
(7) Includes a statement prohibiting reprisal or
12
retaliation against any person who reports an act of
13
bullying and the consequences and appropriate remedial
14
actions for a person who engages in reprisal or
15
retaliation.
16
(8) Includes consequences and appropriate remedial
17
actions for a person found to have falsely accused another
18
of bullying as a means of retaliation or as a means of
19
bullying.
20
(9) Is based on the engagement of a range of school
21
stakeholders, including students and parents or guardians.
22
(10) Is posted on the school district's, charter
23
school's, or non-public, non-sectarian elementary or
24
secondary school's existing, publicly accessible Internet
25
website, is included in the student handbook, and, where
26
applicable, posted where other policies, rules, and
HB4674
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LRB104 17817 LNS 31250 b
1
standards of conduct are currently posted in the school
2
and provided periodically throughout the school year to
3
students and faculty, and is distributed annually to
4
parents, guardians, students, and school personnel,
5
including new employees when hired.
6
(11) As part of the process of reviewing and
7
re-evaluating the policy under subsection (d) of this
8
Section, contains a policy evaluation process to assess
9
the outcomes and effectiveness of the policy that
10
includes, but is not limited to, factors such as the
11
frequency of victimization; student, staff, and family
12
observations of safety at a school; identification of
13
areas of a school where bullying occurs; the types of
14
bullying utilized; and bystander intervention or
15
participation. The school district, charter school, or
16
non-public, non-sectarian elementary or secondary school
17
may use relevant data and information it already collects
18
for other purposes in the policy evaluation. The
19
information developed as a result of the policy evaluation
20
must be made available on the Internet website of the
21
school district, charter school, or non-public,
22
non-sectarian elementary or secondary school. If an
23
Internet website is not available, the information must be
24
provided to school administrators, school board members,
25
school personnel, parents, guardians, and students.
26
(12) Is consistent with the policies of the school
HB4674
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LRB104 17817 LNS 31250 b
1
board, charter school, or non-public, non-sectarian
2
elementary or secondary school.
3
(13) Requires all individual instances of bullying, as
4
well as all threats, suggestions, or instances of
5
self-harm determined to be the result of bullying, to be
6
reported to the parents or legal guardians of those
7
involved under the guidelines provided in paragraph (4) of
8
this definition.
9
"Restorative measures" means a continuum of school-based
10
alternatives to exclusionary discipline, such as suspensions
11
and expulsions, that: (i) are adapted to the particular needs
12
of the school and community, (ii) contribute to maintaining
13
school safety, (iii) protect the integrity of a positive and
14
productive learning climate, (iv) teach students the personal
15
and interpersonal skills they will need to be successful in
16
school and society, (v) serve to build and restore
17
relationships among students, families, schools, and
18
communities, (vi) reduce the likelihood of future disruption
19
by balancing accountability with an understanding of students'
20
behavioral health needs in order to keep students in school,
21
and (vii) increase student accountability if the incident of
22
bullying is based on religion, race, ethnicity, or any other
23
category that is identified in the Illinois Human Rights Act.
24
"School personnel" means persons employed by, on contract
25
with, or who volunteer in a school district, charter school,
26
or non-public, non-sectarian elementary or secondary school,
HB4674
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LRB104 17817 LNS 31250 b
1
including
,
without limitation
,
school and school district
2
administrators, teachers, school social workers, school
3
counselors, school psychologists, school nurses, cafeteria
4
workers, custodians, bus drivers, school resource officers,
5
and security guards.
6
(c) (Blank).
7
(d) Each school district, charter school, and non-public,
8
non-sectarian elementary or secondary school shall create,
9
maintain, and implement a policy on bullying, which policy
10
must be filed with the State Board of Education. The policy on
11
bullying shall be based on the State Board of Education's
12
template for a model bullying prevention policy under
13
subsection (h) and shall include the criteria set forth in the
14
definition of "policy on bullying". The policy or implementing
15
procedure shall include a process to investigate whether a
16
reported act of bullying is within the permissible scope of
17
the district's or school's jurisdiction and shall require that
18
the district or school provide the victim with information
19
regarding services that are available within the district and
20
community, such as counseling, support services, and other
21
programs. School personnel available for help with a bully or
22
to make a report about bullying shall be made known to parents
23
or legal guardians, students, and school personnel. Every 2
24
years, each school district, charter school, and non-public,
25
non-sectarian elementary or secondary school shall conduct a
26
review and re-evaluation of its policy and make any necessary
HB4674
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LRB104 17817 LNS 31250 b
1
and appropriate revisions. No later than September 30 of the
2
subject year, the policy must be filed with the State Board of
3
Education after being updated. The State Board of Education
4
shall monitor and provide technical support for the
5
implementation of policies created under this subsection (d).
6
In monitoring the implementation of the policies, the State
7
Board of Education shall review each filed policy on bullying
8
to ensure all policies meet the requirements set forth in this
9
Section, including ensuring that each policy meets the 12
10
criteria
criterion
identified within the definition of "policy
11
on bullying" set forth in this Section.
12
If a school district, charter school, or non-public,
13
non-sectarian elementary or secondary school fails to file a
14
policy on bullying by September 30 of the subject year, the
15
State Board of Education shall provide a written request for
16
filing to the school district, charter school, or non-public,
17
non-sectarian elementary or secondary school. If a school
18
district, charter school, or non-public, non-sectarian
19
elementary or secondary school fails to file a policy on
20
bullying within 14 days of receipt of the aforementioned
21
written request, the State Board of Education shall publish
22
notice of the non-compliance on the State Board of Education's
23
website.
24
Each school district, charter school, and non-public,
25
non-sectarian elementary or secondary school may provide
26
evidence-based professional development and youth programming
HB4674
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LRB104 17817 LNS 31250 b
1
on bullying prevention that is consistent with the provisions
2
of this Section.
3
(e) This Section shall not be interpreted to prevent a
4
victim from seeking redress under any other available civil or
5
criminal law.
6
(f) School districts, charter schools, and non-public,
7
non-sectarian elementary and secondary schools shall collect,
8
maintain, and submit to the State Board of Education
9
non-identifiable data regarding verified allegations of
10
bullying within the school district, charter school, or
11
non-public, non-sectarian elementary or secondary school.
12
School districts, charter schools, and non-public,
13
non-sectarian elementary and secondary schools must submit
14
such data in an annual report due to the State Board of
15
Education no later than August 15 of each year starting with
16
the 2024-2025 school year through the 2030-2031 school year.
17
The State Board of Education shall adopt rules for the
18
submission of data that includes, but is not limited to: (i) a
19
record of each verified allegation of bullying and action
20
taken; and (ii) whether the instance of bullying was based on
21
actual or perceived characteristics identified in subsection
22
(a) and, if so, lists the relevant characteristics. The rules
23
for the submission of data shall be consistent with federal
24
and State laws and rules governing student privacy rights,
25
including, but not limited to, the federal Family Educational
26
Rights and Privacy Act of 1974 and the Illinois School Student
HB4674
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LRB104 17817 LNS 31250 b
1
Records Act, which shall include, without limitation, a record
2
of each complaint and action taken. The State Board of
3
Education shall adopt rules regarding the notification of
4
school districts, charter schools, and non-public,
5
non-sectarian elementary and secondary schools that fail to
6
comply with the requirements of this subsection.
7
(g) Upon the request of a parent or legal guardian of a
8
child enrolled in a school district, charter school, or
9
non-public, non-sectarian elementary or secondary school
10
within this State, the State Board of Education must provide
11
non-identifiable data on the number of bullying allegations
12
and incidents in a given year in the school district, charter
13
school, or non-public, non-sectarian elementary or secondary
14
school to the requesting parent or legal guardian. The State
15
Board of Education shall adopt rules regarding (i) the
16
handling of such data, (ii) maintaining the privacy of the
17
students and families involved, and (iii) best practices for
18
sharing numerical data with parents and legal guardians.
19
(h) By January 1, 2024, the State Board of Education shall
20
post on its Internet website a template for a model bullying
21
prevention policy.
22
(i) The Illinois Bullying and Cyberbullying Prevention
23
Fund is created as a special fund in the State treasury. Any
24
moneys appropriated to the Fund may be used, subject to
25
appropriation, by the State Board of Education for the
26
purposes of subsection (j).
HB4674
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LRB104 17817 LNS 31250 b
1
(j) Subject to appropriation, the State Superintendent of
2
Education may provide a grant to a school district, charter
3
school, or non-public, non-sectarian elementary or secondary
4
school to support its anti-bullying programming. Grants may be
5
awarded from the Illinois Bullying and Cyberbullying
6
Prevention Fund. School districts, charter schools, and
7
non-public, non-sectarian elementary or secondary schools that
8
are not in compliance with subsection (f) are not eligible to
9
receive a grant from the Illinois Bullying and Cyberbullying
10
Prevention Fund.
11
(Source: P.A. 103-47, eff. 6-9-23; 104-391, eff. 8-15-25;
12
revised 9-24-25.)
13
(Text of Section after amendment by P.A. 104-338
)
14
Sec. 22-110.
Bullying prevention.
15
(a) The General Assembly finds that a safe and civil
16
school environment is necessary for students to learn and
17
achieve and that bullying causes physical, psychological, and
18
emotional harm to students and interferes with students'
19
ability to learn and participate in school activities. The
20
General Assembly further finds that bullying has been linked
21
to other forms of antisocial behavior, such as vandalism,
22
shoplifting, skipping and dropping out of school, fighting,
23
using drugs and alcohol, sexual harassment, and sexual
24
violence. Because of the negative outcomes associated with
25
bullying in schools, the General Assembly finds that school
HB4674
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LRB104 17817 LNS 31250 b
1
districts, charter schools, and non-public, non-sectarian
2
elementary and secondary schools should educate students,
3
parents, and school district, charter school, or non-public,
4
non-sectarian elementary or secondary school personnel about
5
what behaviors constitute prohibited bullying.
6
Bullying on the basis of actual or perceived race, color,
7
religion, sex, national origin, ancestry, physical appearance,
8
socioeconomic status, academic status, pregnancy, parenting
9
status, homelessness, age, marital status, physical or mental
10
disability, military status, sexual orientation,
11
gender-related identity or expression, unfavorable discharge
12
from military service, association with a person or group with
13
one or more of the aforementioned actual or perceived
14
characteristics, or any other distinguishing characteristic is
15
prohibited in all school districts, charter schools, and
16
non-public, non-sectarian elementary and secondary schools. No
17
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
23
or 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
HB4674
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LRB104 17817 LNS 31250 b
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
14
any right to exercise free expression or the free exercise of
15
religion or religiously based views protected under the First
16
Amendment to the United States Constitution or under Section 3
17
of Article I of the Illinois Constitution.
18
(b) In this Section:
19
"Artificial intelligence" has the meaning given to that
20
term in the Digital Voice and Likeness Protection Act.
21
"Bullying" includes "cyber-bullying" and means any severe
22
or pervasive physical or verbal act or conduct, including
23
communications made in writing or electronically, directed
24
toward a student or students that has or can be reasonably
25
predicted to have the effect of one or more of the following:
26
(1) placing the student or students in reasonable fear
HB4674
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LRB104 17817 LNS 31250 b
1
of harm to the student's or students' person or property;
2
(2) causing a substantially detrimental effect on the
3
student's or students' physical or mental health;
4
(3) substantially interfering with the student's or
5
students' academic performance; or
6
(4) substantially interfering with the student's or
7
students' ability to participate in or benefit from the
8
services, activities, or privileges provided by a school.
9
Bullying, as defined in this subsection (b), may take
10
various forms, including
,
without limitation
,
one or more of
11
the following: harassment, threats, intimidation, stalking,
12
physical violence, sexual harassment, sexual violence, posting
13
or distributing sexually explicit images, theft, public
14
humiliation, destruction of property, or retaliation for
15
asserting or alleging an act of bullying. This list is meant to
16
be illustrative and non-exhaustive.
17
"Cyber-bullying" means bullying through the use of
18
technology or any electronic communication, including
,
without
19
limitation
,
any transfer of signs, signals, writing, images,
20
sounds, data, or intelligence of any nature transmitted in
21
whole or in part by a wire, radio, electromagnetic system,
22
photoelectronic system, or photooptical system, including
,
23
without limitation
,
electronic mail, Internet communications,
24
instant messages, or facsimile communications.
25
"Cyber-bullying" includes the creation of a webpage or weblog
26
in which the creator assumes the identity of another person or
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1
the knowing impersonation of another person as the author of
2
posted content or messages if the creation or impersonation
3
creates any of the effects enumerated in the definition of
4
bullying in this Section. "Cyber-bullying" also includes the
5
distribution by electronic means of a communication to more
6
than one person or the posting of material on an electronic
7
medium that may be accessed by one or more persons if the
8
distribution or posting creates any of the effects enumerated
9
in the definition of bullying in this Section. Beginning with
10
the 2026-2027 school year, "cyber-bullying" also includes the
11
posting or distribution of an unauthorized digital replica by
12
electronic means if the posting or distribution creates any of
13
the effects enumerated in the definition of "bullying" in this
14
Section.
15
"Digital replica" has the meaning given to that term in
16
the Digital Voice and Likeness Protection Act.
17
"Policy on bullying" means a bullying prevention policy
18
that meets the following criteria:
19
(1) Includes the bullying definition provided in this
20
Section.
21
(2) Includes a statement that bullying is contrary to
22
State law and the policy of the school district, charter
23
school, or non-public, non-sectarian elementary or
24
secondary school and is consistent with subsection (a-5)
25
of this Section.
26
(3) Includes procedures for promptly reporting
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1
bullying, including, but not limited to, identifying and
2
providing the school e-mail address (if applicable) and
3
school telephone number for the staff person or persons
4
responsible for receiving such reports and a procedure for
5
anonymous reporting; however, this shall not be construed
6
to permit formal disciplinary action solely on the basis
7
of an anonymous report.
8
(4) Consistent with federal and State laws and rules
9
governing student privacy rights, includes procedures for
10
informing parents or guardians of all students involved in
11
the alleged incident of bullying within 24 hours after the
12
school's administration is made aware of the students'
13
involvement in the incident and discussing, as
14
appropriate, the availability of social work services,
15
counseling, school psychological services, other
16
interventions, and restorative measures. The school shall
17
make diligent efforts to notify a parent or legal
18
guardian, utilizing all contact information the school has
19
available or that can be reasonably obtained by the school
20
within the 24-hour period.
21
(5) Contains procedures for promptly investigating and
22
addressing reports of bullying, including the following:
23
(A) Making all reasonable efforts to complete the
24
investigation within 10 school days after the date the
25
report of the incident of bullying was received and
26
taking into consideration additional relevant
HB4674
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1
information received during the course of the
2
investigation about the reported incident of bullying.
3
(B) Involving appropriate school support personnel
4
and other staff persons with knowledge, experience,
5
and training on bullying prevention, as deemed
6
appropriate, in the investigation process.
7
(C) Notifying the principal or school
8
administrator or his or her designee of the report of
9
the incident of bullying as soon as possible after the
10
report is received.
11
(D) Consistent with federal and State laws and
12
rules governing student privacy rights, providing
13
parents and guardians of the students who are parties
14
to the investigation information about the
15
investigation and an opportunity to meet with the
16
principal or school administrator or his or her
17
designee to discuss the investigation, the findings of
18
the investigation, and the actions taken to address
19
the reported incident of bullying.
20
(6) Includes the interventions that can be taken to
21
address bullying, which may include, but are not limited
22
to, school social work services, restorative measures,
23
social-emotional skill building, counseling, school
24
psychological services, and community-based services.
25
(6.5) Establishes escalating interventions for
26
students who engage in known, pervasive, and persistent
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1
bullying.
2
(7) Includes a statement prohibiting reprisal or
3
retaliation against any person who reports an act of
4
bullying and the consequences and appropriate remedial
5
actions for a person who engages in reprisal or
6
retaliation.
7
(8) Includes consequences and appropriate remedial
8
actions for a person found to have falsely accused another
9
of bullying as a means of retaliation or as a means of
10
bullying.
11
(9) Is based on the engagement of a range of school
12
stakeholders, including students and parents or guardians.
13
(10) Is posted on the school district's, charter
14
school's, or non-public, non-sectarian elementary or
15
secondary school's existing, publicly accessible Internet
16
website, is included in the student handbook, and, where
17
applicable, posted where other policies, rules, and
18
standards of conduct are currently posted in the school
19
and provided periodically throughout the school year to
20
students and faculty, and is distributed annually to
21
parents, guardians, students, and school personnel,
22
including new employees when hired.
23
(11) As part of the process of reviewing and
24
re-evaluating the policy under subsection (d) of this
25
Section, contains a policy evaluation process to assess
26
the outcomes and effectiveness of the policy that
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1
includes, but is not limited to, factors such as the
2
frequency of victimization; student, staff, and family
3
observations of safety at a school; identification of
4
areas of a school where bullying occurs; the types of
5
bullying utilized; and bystander intervention or
6
participation. The school district, charter school, or
7
non-public, non-sectarian elementary or secondary school
8
may use relevant data and information it already collects
9
for other purposes in the policy evaluation. The
10
information developed as a result of the policy evaluation
11
must be made available on the Internet website of the
12
school district, charter school, or non-public,
13
non-sectarian elementary or secondary school. If an
14
Internet website is not available, the information must be
15
provided to school administrators, school board members,
16
school personnel, parents, guardians, and students.
17
(12) Is consistent with the policies of the school
18
board, charter school, or non-public, non-sectarian
19
elementary or secondary school.
20
(13) Requires all individual instances of bullying, as
21
well as all threats, suggestions, or instances of
22
self-harm determined to be the result of bullying, to be
23
reported to the parents or legal guardians of those
24
involved under the guidelines provided in paragraph (4) of
25
this definition.
26
"Restorative measures" means a continuum of school-based
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1
alternatives to exclusionary discipline, such as suspensions
2
and expulsions, that: (i) are adapted to the particular needs
3
of the school and community, (ii) contribute to maintaining
4
school safety, (iii) protect the integrity of a positive and
5
productive learning climate, (iv) teach students the personal
6
and interpersonal skills they will need to be successful in
7
school and society, (v) serve to build and restore
8
relationships among students, families, schools, and
9
communities, (vi) reduce the likelihood of future disruption
10
by balancing accountability with an understanding of students'
11
behavioral health needs in order to keep students in school,
12
and (vii) increase student accountability if the incident of
13
bullying is based on religion, race, ethnicity, or any other
14
category that is identified in the Illinois Human Rights Act.
15
"School personnel" means persons employed by, on contract
16
with, or who volunteer in a school district, charter school,
17
or non-public, non-sectarian elementary or secondary school,
18
including
,
without limitation
,
school and school district
19
administrators, teachers, school social workers, school
20
counselors, school psychologists, school nurses, cafeteria
21
workers, custodians, bus drivers, school resource officers,
22
and security guards.
23
"Unauthorized digital replica" means the use of a digital
24
replica of an individual without the consent of the depicted
25
individual.
26
(c) (Blank).
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1
(d) Each school district, charter school, and non-public,
2
non-sectarian elementary or secondary school shall create,
3
maintain, and implement a policy on bullying, which policy
4
must be filed with the State Board of Education. The policy on
5
bullying shall be based on the State Board of Education's
6
template for a model bullying prevention policy under
7
subsection (h) and shall include the criteria set forth in the
8
definition of "policy on bullying". The policy or implementing
9
procedure shall include a process to investigate whether a
10
reported act of bullying is within the permissible scope of
11
the district's or school's jurisdiction and shall require that
12
the district or school provide the victim with information
13
regarding services that are available within the district and
14
community, such as counseling, support services, and other
15
programs. School personnel available for help with a bully or
16
to make a report about bullying shall be made known to parents
17
or legal guardians, students, and school personnel. Every 2
18
years, each school district, charter school, and non-public,
19
non-sectarian elementary or secondary school shall conduct a
20
review and re-evaluation of its policy and make any necessary
21
and appropriate revisions. No later than September 30 of the
22
subject year, the policy must be filed with the State Board of
23
Education after being updated. The State Board of Education
24
shall monitor and provide technical support for the
25
implementation of policies created under this subsection (d).
26
In monitoring the implementation of the policies, the State
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1
Board of Education shall review each filed policy on bullying
2
to ensure all policies meet the requirements set forth in this
3
Section, including ensuring that each policy meets the 13
4
criteria
criterion
identified within the definition of "policy
5
on bullying" set forth in this Section.
6
If a school district, charter school, or non-public,
7
non-sectarian elementary or secondary school fails to file a
8
policy on bullying by September 30 of the subject year, the
9
State Board of Education shall provide a written request for
10
filing to the school district, charter school, or non-public,
11
non-sectarian elementary or secondary school. If a school
12
district, charter school, or non-public, non-sectarian
13
elementary or secondary school fails to file a policy on
14
bullying within 14 days of receipt of the aforementioned
15
written request, the State Board of Education shall publish
16
notice of the non-compliance on the State Board of Education's
17
website.
18
Each school district, charter school, and non-public,
19
non-sectarian elementary or secondary school may provide
20
evidence-based professional development and youth programming
21
on bullying prevention that is consistent with the provisions
22
of this Section.
23
(e) This Section shall not be interpreted to prevent a
24
victim from seeking redress under any other available civil or
25
criminal law.
26
(f) School districts, charter schools, and non-public,
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1
non-sectarian elementary and secondary schools shall collect,
2
maintain, and submit to the State Board of Education
3
non-identifiable data regarding verified allegations of
4
bullying within the school district, charter school, or
5
non-public, non-sectarian elementary or secondary school.
6
School districts, charter schools, and non-public,
7
non-sectarian elementary and secondary schools must submit
8
such data in an annual report due to the State Board of
9
Education no later than August 15 of each year starting with
10
the 2024-2025 school year through the 2030-2031 school year.
11
The State Board of Education shall adopt rules for the
12
submission of data that includes, but is not limited to: (i) a
13
record of each verified allegation of bullying and action
14
taken; and (ii) whether the instance of bullying was based on
15
actual or perceived characteristics identified in subsection
16
(a) and, if so, lists the relevant characteristics. The rules
17
for the submission of data shall be consistent with federal
18
and State laws and rules governing student privacy rights,
19
including, but not limited to, the federal Family Educational
20
Rights and Privacy Act of 1974 and the Illinois School Student
21
Records Act, which shall include, without limitation, a record
22
of each complaint and action taken. The State Board of
23
Education shall adopt rules regarding the notification of
24
school districts, charter schools, and non-public,
25
non-sectarian elementary and secondary schools that fail to
26
comply with the requirements of this subsection.
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1
(g) Upon the request of a parent or legal guardian of a
2
child enrolled in a school district, charter school, or
3
non-public, non-sectarian elementary or secondary school
4
within this State, the State Board of Education must provide
5
non-identifiable data on the number of bullying allegations
6
and incidents in a given year in the school district, charter
7
school, or non-public, non-sectarian elementary or secondary
8
school to the requesting parent or legal guardian. The State
9
Board of Education shall adopt rules regarding (i) the
10
handling of such data, (ii) maintaining the privacy of the
11
students and families involved, and (iii) best practices for
12
sharing numerical data with parents and legal guardians.
13
(h) By January 1, 2024, the State Board of Education shall
14
post on its Internet website a template for a model bullying
15
prevention policy.
16
(i) The Illinois Bullying and Cyberbullying Prevention
17
Fund is created as a special fund in the State treasury. Any
18
moneys appropriated to the Fund may be used, subject to
19
appropriation, by the State Board of Education for the
20
purposes of subsection (j).
21
(j) Subject to appropriation, the State Superintendent of
22
Education may provide a grant to a school district, charter
23
school, or non-public, non-sectarian elementary or secondary
24
school to support its anti-bullying programming. Grants may be
25
awarded from the Illinois Bullying and Cyberbullying
26
Prevention Fund. School districts, charter schools, and
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1
non-public, non-sectarian elementary or secondary schools that
2
are not in compliance with subsection (f) are not eligible to
3
receive a grant from the Illinois Bullying and Cyberbullying
4
Prevention Fund.
5
(Source: P.A. 103-47, eff. 6-9-23; 104-338, eff. 7-1-26;
6
104-391, eff. 8-15-25; revised 9-24-25.)
7
(105 ILCS 5/22-112 new)
8
Sec. 22-112.
Student suicide investigation and
9
accountability.
10
(a) As used in this Section:
11
"Bullying" has the meaning given to that term in Section
12
22-110.
13
"Educational environment" includes school property,
14
school-sponsored activities, school transportation, and
15
electronic or online activity that substantially interferes
16
with a student's educational experience.
17
"Harassment" means any unwelcome conduct, whether verbal,
18
physical, electronic, or written, that is based on a student's
19
actual or perceived race, color, religion, national origin,
20
ancestry, age, sex, marital status, order of protection
21
status, disability, military status, sexual orientation,
22
pregnancy, or unfavorable discharge from military service and
23
that has the purpose or effect of substantially interfering
24
with a student's educational performance or creating an
25
intimidating, hostile, or offensive educational environment.
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1
(b) In the event of the death by suicide of a student
2
enrolled in a school district, the school district shall
3
initiate a complete and transparent investigation to determine
4
whether bullying or harassment related to the educational
5
environment played a contributing role. The investigation
6
shall be initiated no later than 10 school days after the
7
school district becomes aware of the death.
8
(c) The investigation shall include, but is not limited
9
to:
10
(1) a review of bullying, harassment, discipline,
11
attendance, counseling, and incident records concerning
12
the student;
13
(2) interviews with relevant administrators, teachers,
14
counselors, staff, and, if appropriate, students;
15
(3) a review of complaints or reports made by the
16
student or the student's parent or guardian;
17
(4) an assessment of the school district's compliance
18
with its policy on bullying under Section 22-110; and
19
(5) identification of any failures to intervene or
20
enforce existing policies.
21
Employees of the school district shall fully cooperate
22
with the investigation.
23
Relevant records shall be preserved and may not be
24
destroyed, altered, or withheld during the investigation.
25
(d) Upon completion of an investigation under subsection
26
(b), the school district shall prepare a written investigative
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1
report summarizing its findings, conclusions, and recommended
2
corrective actions. The report shall be provided to:
3
(1) the deceased student's parent or guardian, subject
4
to applicable privacy laws; and
5
(2) the State Board of Education.
6
A redacted version of the report, removing personally
7
identifiable student information, shall be made available to
8
the public upon request.
9
The State Board of Education may review the report for
10
compliance with this Section and may require a corrective
11
action plan or an additional review if deficiencies are
12
identified.
13
Section 95.
No acceleration or delay.
Where this Act makes
14
changes in a statute that is represented in this Act by text
15
that is not yet or no longer in effect (for example, a Section
16
represented by multiple versions), the use of that text does
17
not accelerate or delay the taking effect of (i) the changes
18
made by this Act or (ii) provisions derived from any other
19
Public Act.
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