Enacted laws

Education · HB 3851

AI Cyberbullying — School Code Amendment

School Code Amendment — AI-Generated Content in Cyberbullying Definitions

In force
Public Act
PA 104-0338
Effective
July 1, 2026
Enforced by
School-district administration; Illinois State Board of Education (ISBE)
Verified

Expands the Illinois School Code's bullying and cyberbullying definitions to include posting or distributing sexually explicit images and, from the 2026–27 school year, certain unauthorized digital replicas of students.

HB 3851 extends the School Code’s existing anti-bullying framework, now codified at 105 ILCS 5/22-110, to the AI era in two steps: first covering posting or distribution of sexually explicit images, regardless of whether AI generated them, then, from the 2026–27 school year, covering unauthorized digital replicas of a student where the statutory bullying conditions are met. It took effect July 1, 2026.

For a school district, charter school, or covered non-public non-sectarian school, the work is procedural: update applicable anti-bullying and cyberbullying policies and disciplinary procedures to address sexually explicit images and digital replicas, and brief staff and families for the 2026–27 school year. It travels with the rest of the 2025 education-AI package (PA 104-0399, PA 104-0201) and carries no direct monetary penalty — enforcement runs through school discipline and ISBE oversight.

The current citation and covered-school wording were checked against official indexed text on October 24, 2026. The effects and applicable dates of later School Code amendments, including PA 104-0465 and PA 104-0852, have not been fully reconciled in this entry.

What it requires

  • Posting or distributing sexually explicit images can fall within the School Code's bullying definition, including images that are not AI-generated.
  • The digital-replica cyberbullying provision applies from the 2026–27 school year where its statutory conditions are met.
  • Covered schools should review anti-bullying policies and procedures against the expanded definitions.

Who is covered

Illinois school districts, charter schools, non-public non-sectarian elementary and secondary schools, and their students. It expands conduct covered by school anti-bullying rules; it does not create general business obligations.

What the exposure is

Regulatory — school disciplinary enforcement

No direct monetary penalty on students or districts. Enforced through school-district disciplinary procedures under the School Code, with ISBE oversight through standard channels.

Key dates

  • August 15, 2025 Signed as PA 104-0338 (104th GA education-AI package)
  • July 1, 2026 Takes effect (digital-replica provision from the 2026–27 school year)

If this applies to you

  • Review district anti-bullying and cyberbullying policies for sexually explicit images and unauthorized digital replicas.
  • Charter schools and non-public non-sectarian elementary and secondary schools should also review applicable policies and procedures.
  • Brief staff and families on the expanded definitions for the 2026–27 school year.

Primary sources 6

  1. Bill text HB 3851 (104th GA) — Full Bill Text Illinois General Assembly · ilga.gov · retrieved
  2. Public Act Public Act 104-0338 — Full Text (PDF) Illinois General Assembly · ilga.gov · retrieved
  3. Public Act Public Act 104-0391 — School Code renumbering source Illinois General Assembly · ilga.gov · retrieved
  4. Public Act Public Act 104-0465 — Later School Code amendment source Illinois General Assembly · ilga.gov · retrieved
  5. Public Act Public Act 104-0852 — Official indexed later-amendment record; full-chain effect pending Illinois General Assembly · ilga.gov · retrieved
  6. Compiled Statutes 105 ILCS 5/22-110 — Current School Code text Illinois General Assembly · ilga.gov · retrieved

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