illinois

H.B. 4207 (signed by governor, Aug 1, 2014; took effect Jan 1, 2015) (Public Act 098-0801 ). “No student shall be subjected to bullying: … (4) through the transmission of information from a computer that is accessed at a nonschool-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 bullying causes a substantial disruption to the educational process or orderly operation of a school. This item (4) applies only in cases in which a school administrator or teacher receives a report that bullying through this means has occurred and does not require a district or school to staff or monitor any nonschool-related activity, function, or program.” http://www.ilga.gov/legislation/publicacts/fulltext.asp?Name=098-0801

“‘Bullying’ (includes “cyber-bullying,” and [added with PA 098-0801]) 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.” (http://www.ilga.gov/legislation/publicacts/98/PDF/098-0669.pdf)

June 26, 2014, H.B. 5707 – Every school in the state, including private and charter schools, need to have a anti-bullying policy. Policy must include information about how bullying should be reported to schools, how it is to be investigated, and that bullying incidents must be reported to the parents of those involved. Investigations must be completed within 10 days of report of incident. Encourages “restorative measures.”  Bullying incident data must be reported on school website.

http://www.ilga.gov/legislation/publicacts/fulltext.asp?Name=098-0669

January 1, 2012, H.B. 3281 “The board may suspend or by regulation authorize the superintendent of the district or the principal, assistant principal, or dean of students of any school to suspend a student for a period not to exceed 10 school days or may expel a student for a definite period of time not to exceed 2 calendar years, as determined on a case by case basis, if (i) that student has been determined to have made an explicit threat on an Internet website against a school employee, a student, or any school-related personnel, (ii) the Internet website through which the threat was made is a site that was accessible within the school at the time the threat was made or was available to third parties who worked or studied within the school grounds at the time the threat was made, and (iii) the threat could be reasonably interpreted as threatening to the safety and security of the threatened individual because of his or her duties or employment status or status as a student inside the school. The provisions of this subsection (d-5) apply in all school districts, including special charter districts and districts organized under Article 34 of this Code.” (emphasis added)

http://www.ilga.gov/legislation/publicacts/fulltext.asp?Name=097-0340

2011 proposal references cyberbullying: http://www.ilga.gov/legislation/fulltext.asp?Doc­Name=&SessionId=84&GA=97&DocTypeId=HB&DocNum=1466&GAID=11&LegID=58226&SpecSess=0&Session=0

S.B. 3266 (2010) (105 ILCS 5/27-13.3, 5/27-23.7, 5/10-20.14); http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=010500050HArt.+27&ActID=1005&ChapAct=105%26nbsp%3BILCS%26nbsp%3B5%2F&ChapterID=17&ChapterName=SCHOOLS&SectionID=49363&SeqStart=145600000&SeqEnd=151900000&ActName=School+Code.

“105 ILCS 135/1-2 (2008) defines harassment through electronic communications. The definition includes “making any obscene comment, request, suggestion or proposal with an intent to offend,” and “threatening injury to the person or to the property of the person to whom the electronic communication is directed or to any of his family or household mem­bers.” Violation of the provisions of the statute will result in a class B misdemeanor.”

http://law.justia.com/codes/illinois/2010/chapter720/1883.html

H.B. 6391: Beginning with the 2010-2011 school year, a school district must include in the age-appropriate curriculum topics devices, including, but not limited to, the risks and consequences of dissemination and transmission of sexually explicit images and video. The age-appropriate unit of instruction may be incorporated into the current courses of study regularly taught in the district’s schools, as determined by the school board. Nothing about the actual penalty other than it is up to the school.

Last action: Session Sine Die, 1/11/2011

Criminal electronic harassment: HARASSING AND OBSCENE COMMUNICATIONS