Components of State Anti-Bullying Laws and Regulations
|District policy requirement
|Reporting and investigations
|Communication of policy
|Safeguards and supports
|Review and update of local policies
Which Illinois laws and regulations cover bullying?
- 20 Illinois Compiled Statutes §1705/76. Mental health database and resource page
- 105 Illinois Compiled Statutes §5/10-20.14. Student discipline policies; parent-teacher advisory committee
- 105 Illinois Compiled Statutes §5/14-1.09.2. School social work services
- 105 Illinois Compiled Statutes §5/22-12. Preventing or interfering with a child’s attendance at school
- 105 Illinois Compiled Statutes §5/10-22.24b. School counseling services
- 105 Illinois Compiled Statutes §5/27-13.3. Internet safety education curriculum
- 105 Illinois Compiled Statutes §5/27-23.7. Bullying prevention
- 105 Illinois Compiled Statutes §5/34-84a.1. Principals shall report incidents of intimidation
- 720 Illinois Compiled Statutes §5/12C-50. Hazing
- 720 Illinois Compiled Statutes §5/12C-50.1. Failure to report hazing
How are bullying and cyberbullying defined in Illinois anti-bullying laws and regulations?
Illinois anti-bullying laws include the following definitions of bullying and cyberbullying:
“Bullying” includes “cyber-bullying” and 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.
“Cyber-bullying” means bullying through the use of technology or any electronic communication, including without limitation any transfer of signs, signals, writing, images, sounds, data, or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic system, photoelectronic system, or photooptical system, including without limitation electronic mail, Internet communications, instant messages, or facsimile communications. “Cyber-bullying” includes the creation of a webpage or weblog in which the creator assumes the identity of another person or the knowing impersonation of another person as the author of posted content or messages if the creation or impersonation creates any of the effects enumerated in the definition of bullying in this Section. “Cyber-bullying” also includes the distribution by electronic means of a communication to more than one person or the posting of material on an electronic medium that may be accessed by one or more persons if the distribution or posting creates any of the effects enumerated in the definition of bullying in this Section.
105 Ill. Comp. Stat. § 5/27-23.7 (2017)
Do Illinois anti-bullying laws and regulations cover cyberbullying that occurs off-campus?
Yes. Illinois anti-bullying laws cover off-campus conduct involving the transmission of information from a computer that is accessed at a non-school-related location, activity, function, or program or from the use of technology or an electronic device that is not owned, leased, or used by a school district or school if the behavior causes a substantial disruption to the educational process or orderly operation of a school, and if a school administrator or teacher receives a report that bullying through this means has occurred. The law does not require a district or school to staff or monitor any non-school-related activity, function, or program.
What are the policy requirements for schools to prevent and respond to bullying behavior?
Illinois school districts adopt bullying prevention policies. Illinois school district policies must contain key policy and procedural elements, including, but not limited to:
- Definitions of bullying that conform to the definition in state law;
- Statements that bullying is contrary to state law and school district policy;
- Procedures for reporting and investigations, including designation of a staff person or persons responsible for receiving bullying reports and a procedure for anonymous reporting;
- Procedure for promptly informing parents or guardians of all students involved in an alleged incident of bullying and discussing the availability of social worker services, counseling, school psychological services, other interventions, and restorative measures;
- Statements prohibiting reprisal or retaliation;
- Disciplinary consequences and appropriate remedial actions for violations of the policy;
- Interventions that can be taken to address bullying, which may include, but are not limited to, school social work services, restorative measures, social-emotional skill building, counseling, school psychological services, and community-based services; and
- Requirements regarding how the policy will be publicized within the district.
Illinois anti-bullying laws require districts to file policies with the State Board of Education and to engage in a policy evaluation review process to assess the outcomes and effectiveness of the policy. Information developed as a result of the policy evaluation must be made available on the Internet website of the school district. Illinois school districts must review and re-evaluate policies every two years and make any necessary and appropriate revisions.
Do Illinois anti-bullying laws and regulations include protections for specific groups?
Yes. Illinois anti-bullying laws prohibit 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.
Illinois schools that receive federal funding are required by federal law to address discrimination based on certain personal characteristics. Find out when bullying may be a civil rights violation.
Do Illinois anti-bullying laws and regulations encourage or require districts to implement bullying prevention programs or strategies?
Yes. Illinois anti-bullying laws outline roles and responsibilities for school social workers and school counselors that include, but are not limited to, developing and implementing school-based prevention programs including mediation and violence prevention, implementing social and emotional education programs and services, and establishing and implementing bullying prevention and intervention programs.
Do Illinois anti-bullying laws and regulations encourage or require districts to train teachers and other school staff on how to respond to bullying incidents?
No. Illinois anti-bullying laws do not require districts to train teachers and other school staff on how to respond to bullying incidents.
Do Illinois anti-bullying laws and regulations encourage or require districts to provide safeguards or mental health supports for students involved with bullying?
Yes. Illinois school district bullying prevention policies must include interventions that can be taken to address bullying, which may include, but are not limited, to school social work services, restorative measures, social-emotional skill building, counseling, school psychological services, and community-based services. School district policies must require that the district or school provide the victim with information regarding services that are available within the district and community, such as counseling, support services, and other programs.
Do Illinois anti-bullying laws and regulations involve parents in efforts to address bullying behavior?
Yes. Illinois school district bullying prevention policies must be based on the engagement of a range of school stakeholders including students and parents or guardians. Illinois school district bullying prevention policies must also include procedures for promptly informing parents or guardians of all students involved in an alleged incident of bullying.
For More Information
The key component framework used in the analysis of state laws is based on the review of legislation presented in the “Analysis of State Bullying Laws and Policies – December 2011” (U.S. Department of Education).