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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 cover AI-generated sexually explicit images and AI-generated digital replicas of students.

HB 3851 extends the School Code’s existing anti-bullying framework to the AI era in two steps: first covering distribution of AI-generated sexually explicit images of students, then, from the 2026–27 school year, covering unauthorized AI digital replicas of a student where the harm is comparable to traditional bullying. It took effect July 1, 2026.

For a district the work is procedural: update anti-bullying and cyberbullying policies and disciplinary procedures to name AI-generated images and digital replicas, and brief staff and families before 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.

What it requires

  • Distribution of AI-generated sexually explicit images falls within the School Code's bullying definition (effective July 1, 2026).
  • Posting a student's AI-generated digital replica without consent, where it causes comparable harm, is cyberbullying (from the 2026–27 school year).
  • Districts should update anti-bullying policies and disciplinary procedures to reference AI-generated content.

Who is covered

Illinois public school districts and their students. It expands the conduct schools may discipline; it does not create 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 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

  • Update district anti-bullying and cyberbullying policies to reference AI-generated images and digital replicas.
  • Brief staff and families on the expanded definitions before the 2026–27 school year.

Related

Primary sources 2

  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

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