You’ve taught your child diversion tactics; you told them to ignore it. Maybe you even reached out to the other parent. Nothing has helped — your child is still experiencing bullying at school.
Despite the best efforts of many well-meaning parents, not every bullying situation can be resolved through conversation. Sometimes in order to stop the abuse and relieve their child of mental or physical torment, a parent must take legal action.
Before we dive in, here’s some good news for parents: Illinois has one of the more comprehensive anti-bullying frameworks in the country. In fact, when the U.S. Department of Education studied state anti-bullying laws, it identified 13 common components that the strongest laws share — and Illinois includes 12 of those 13. That gives you a helpful benchmark for understanding just how seriously the state treats bullying compared to the rest of the nation.
In 2022, the Illinois Legislature passed a bill amending the law that governs School Report Cards released annually by the Illinois State Board of Education. The statute strengthens reporting requirements of violent incidents by schools to ISBE.
ISBE’s publicly available School Report Cards must include data about the “number of incidents of violence that occurred on school grounds or during school-related activities. In addition, the result of the incident must be reported as either an out-of-school suspension, expulsion, or removal to an alternative setting.”
Illinois has strengthened its commitment to school safety by enacting new bullying laws. The latest requires all K–12 institutions to adopt and file comprehensive bullying prevention policies that not only define bullying and its prohibited categories, but also mandate swift parental notification within 24 hours of any incident. Starting in the 2024–25 school year, all schools must begin tracking and submitting anonymized data on incidents of bullying. While school districts and administrators maintain control over disciplinary decisions for violent student-to-student encounters, they will be required to report these incidents to ISBE.
It’s worth knowing exactly which schools these rules apply to, because the coverage is broad. The governing statute applies to all public school districts, all charter schools, and all non-public, non-sectarian elementary and secondary schools across Illinois. In other words, whether your child attends a neighborhood public school, a charter school, or a private secular school, these protections are designed to follow them.
Illinois Anti-Bullying Laws
The primary law governing bullying in Illinois schools is Section 27-23.7 of the Illinois School Code (105 ILCS 5/27-23.7). This is the statute that defines bullying, lays out what every school’s prevention policy must include, and establishes the protected categories of students. If you’d like to read the full text yourself, you can find it on the Illinois General Assembly website. We always encourage parents to review the actual statutory language — it’s more readable than you might expect, and knowing your rights begins with knowing the law.
This important legal amendment to Illinois’ school data reporting laws will help parents understand the rate of violent incidents at their children’s current or future schools. The data may also indicate how seriously a school district regards violent incidents, and could even pressure low-performing schools to address student violence more directly.
Not all bullying incidents involve physical violence, and the Illinois bullying prevention law clearly defines what constitutes bullying within a school setting. The law includes stipulations for both bullying and cyber-bullying.
Illinois law defines bullying as “any severe or pervasive physical or verbal act or conduct, including communications made in writing or electronically, directed toward a student or students.”
Legal Definition of Bullying in Schools
- Placed the student in reasonable fear of harm to them or their property
- Caused a substantially detrimental effect on the student’s physical or mental health
- Substantially interfered with the student’s academic performance
- Substantially interfered with the student’s ability to participate in or benefit from the services, activities, or privileges provided by their school
While it does not limit its definition, Illinois law provides examples of various forms of bullying, including 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.
Protected Categories Under Illinois Bullying Law
One of the most important features of Illinois’ law is that it specifically protects students from bullying based on certain characteristics — whether those characteristics are actual or perceived. The statute prohibits bullying based on:
- 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 above actual or perceived characteristics
That last point is easy to overlook but very important: a child can be protected even when the bullying targets them because of who they’re friends with or who their family members are. The law casts a wide net intentionally, so that more children are covered.
Illinois bullying law also includes a section about cyberbullying, defining it as a type of bullying that is conducted through the use of technology or any electronic communication. This includes impersonating someone in an online account that has one of the effects mentioned above.
A school’s legal responsibility to address bullying
To prevent and address bullying, Illinois law requires school districts to develop and maintain a policy related to bullying. This policy must be communicated to students and their parents, and be on file with ISBE. Among other things, the policy must include:
Illinois School Bullying Policy Requirements
- Procedures for promptly reporting, including the school contact person responsible for taking complaints, and a procedure for anonymous reporting
- Procedures for promptly informing parents or guardians of all students involved
- Procedures for promptly investigating and addressing reports of bullying
- Interventions that can be taken to address bullying
For certain types of bullying that rise to the level of criminal intimidation, Illinois law requires school principals to promptly report those incidents to local law enforcement authorities.
What parents can do to address bullying
Unfortunately, there’s no single, easy answer for parents trying to protect their children from bullying. While Illinois law has measures in place for schools to prevent and address bullying, legal action often represents the last resort option.
Begin by approaching school staff members through the chain of command, starting with your child’s teacher, before moving on to the school counselor, principal, and superintendent. Familiarize yourself with the school’s bullying prevention policy, relating it to your child’s negative experiences.
If you need to address a violent bullying situation, start by documenting the incidents your child experienced, including dates and details. Take photos of any injuries your child endured or property that was damaged.
Also keep a record of communications with the bullying child’s parents, teachers, social workers, counselors, health workers, administrators, and other staff.
Finally, if you believe your needs are not being properly addressed, you can escalate the issue to the ISBE.
Important note: If you believe your child faces imminent harm, contact local law enforcement authorities to discuss your options.
Can I Press Charges for Bullying?
This is one of the most common questions parents ask us, and it’s an understandable one — when your child is being hurt, you want every tool available to make it stop. The honest answer is: it depends on what the bullying involves.
Bullying itself is generally handled through your school’s policies and the Illinois School Code rather than the criminal courts. However, when bullying behavior crosses into conduct that is also a crime, criminal charges may become possible. For example, bullying that involves physical violence, threats, stalking, sexual misconduct, harassment, or destruction of property can potentially be prosecuted under Illinois criminal statutes.
A few things to keep in mind:
- You typically don’t “press charges” yourself. In Illinois, criminal charges are filed by the State’s Attorney, not by the victim or their parents. What you can do is report the incident to local law enforcement, who will investigate and forward the matter to prosecutors.
- The age of the bully matters. When the person who caused the harm is a minor, the matter usually proceeds through the juvenile justice system rather than the adult criminal courts.
- Documentation is everything. The records, photos, and communication logs you’ve kept will be critical if law enforcement gets involved.
If you’re unsure whether a particular bullying situation may rise to the level of a criminal matter, it’s worth speaking with both local law enforcement and a legal professional who can help you understand your options.
Should I File an Order of Protection Against my Child’s Bully?
When a bullying situation becomes so dire that even school interventions are unsuccessful, some parents consider asking the court to grant an order of protection against their child’s bully. An order of protection also referred to as a restraining order, is a legal directive that bars contact between two parties.
Orders of protection include physical distancing rules, as well as prohibitions against all forms of communication, including written, electronic and messages sent through a third party. With an order of protection issued against them, a bully could not be physically near their victim, nor speak to them, send them messages of any kind, or ask another child to pass along comments or threats.
Filing an order of protection, especially against a minor child, is a serious legal move. Facing the potential of being excluded from their class or the entire school, the other child’s parents almost certainly will contest the order in court. Such a case may cause anguish and will cost money in legal fees.
If legal action becomes necessary to stop the bullying, again be sure to prepare your case with detailed documentation of incidents and outcomes.
Know Your Child’s Rights, Contact Sterk Family Law
If you have questions about your child’s right to be safe from bullying, call to speak with one of our legal professionals.
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