Continuing Implementation of the Changes in the Bullying Statute
As we discussed previously here<
Bullying
Changes in Bullying Prevention Policy Requirements
PA 103-47 is in effect for the 2023-2024 school year, and requires changes to all school district’s bullying prevention policies.
Ninth Circuit Affirmed Summary Judgment for School District in Challenge to Student Expulsion on First Amendment Grounds
In Chen v. Albany School District, the 9th Circuit affirmed the District Court’s decision, rejecting First Amendment free speech claims of students against the school and school officials after students were disciplined for what they alleged to be private, off-campus, social media posts.
School District Prevails on Tort and Contract Claim in Bullying Case, but Court Notes Discretionary Responsibility for School
In a case filed and litigated before the implementation of the new student disciplinary law (SB100 or Public Act 99-456), Mulvey v. Carl Sandburg High Sch., 2016 IL App (1st) 151615, the court analyzed whether a school district had tort liability due to alleged bullying, and whether an bullying prevention policy and a progressive disciplinary policy created an enforceable contract with a parent and child when the child was allegedly bullied.
New Bullying & Cyber-Bullying Legislation in Illinois
Two new pieces of legislation were passed in Illinois this summer that are expanding the responsibilities of school districts as they relate to bullying inside and outside of the education setting.