10/07/2026
Today, my daughter was attacked at Kankakee High School.
The administration was already aware of the particular student involved and the bullying my daughter had experienced since the beginning of the school year. Yet the situation escalated into physical violence.
This is bigger than one child or one school. Our children deserve to be safe at school.
When administrators are aware of ongoing bullying, threats, or violent behavior, there must be accountability for failing to take reasonable action to protect students and staff.
That is why I am proposing the S.T.O.R.M. Law — Student Threat Oversight, Response & Monitoring Law.S.T.O.R.M. LAW
Student Threat Oversight, Response & Monitoring Law
Purpose
The S.T.O.R.M. Law would establish a federal standard for school districts receiving federal education funds to identify, document, investigate, and appropriately respond to repeated violence, threats, bullying, intimidation, and other conduct creating a foreseeable risk to students or school personnel.
The Act would hold school districts and responsible administrators accountable when they knowingly fail to follow required safety procedures, while preserving the constitutional and due-process rights of students accused of misconduct.
Constitutional Rights and Protections
The S.T.O.R.M. Law recognizes that school safety must be balanced with the constitutional rights of **every student**, including:
**1. Fourteenth Amendment — Due Process**
Students have a constitutional right to due process when government action deprives them of protected liberty or property interests.
The law would require schools to investigate allegations and provide appropriate procedural protections rather than automatically punishing a student based solely on an accusation.
At the same time, a student's due-process rights should not be used as a justification for ignoring a known and continuing safety threat.
**2. Fourteenth Amendment — Equal Protection**
Students are entitled to equal protection of the law.
School districts must not selectively enforce safety or disciplinary policies based on race, s*x, disability, national origin, religion, or another protected characteristic.
A pattern of ignoring violence against one group of students while responding aggressively when other students are involved should be subject to federal review where the facts establish unlawful discrimination.
**3. First Amendment — Freedom of Speech**
Students retain First Amendment rights at school, subject to established limitations applicable in the school environment.
The S.T.O.R.M. Law would not permit schools to label constitutionally protected speech as "bullying" simply because administrators disagree with the student's viewpoint.
However, threats, physical violence, and conduct that otherwise falls outside protected expression may be addressed under applicable law.
**4. Fourth Amendment — Protection Against Unreasonable Searches**
Safety policies must not give schools unlimited authority to search students, their belongings, or electronic devices.
Any searches conducted pursuant to the S.T.O.R.M. Law must comply with applicable constitutional standards and existing student rights.
**5. Fourteenth Amendment — Liberty and Bodily Integrity**
The Act recognizes the importance of protecting students from serious physical harm while they are under school supervision.
However, the legislation shall not incorrectly declare that every failure to prevent another student's violence is automatically a constitutional violation. The federal statute instead establishes specific safety and accountability duties that Congress requires participating school districts to follow.
Section 1 — Duty to Respond to Known Threats
A school district receiving federal education funds shall establish procedures requiring school personnel to respond when they know or reasonably should know of:
* Repeated physical violence;
* Credible threats of violence;
* A continuing pattern of serious bullying or intimidation;
* Repeated physical altercations involving the same student;
* Threats against students or staff;
* Conduct creating a foreseeable risk of serious physical injury; or
* A documented pattern demonstrating that previous interventions have failed.
Section 2 — No "Wait Until Someone Gets Hurt" Policy
A school district shall not knowingly rely upon a practice of waiting for another student or staff member to be injured before taking reasonable preventive action when a documented pattern demonstrates a continuing safety risk.
Section 3 — Administrative Accountability
When an administrator receives a credible report involving repeated violence or a continuing safety threat, the administrator shall:
1. Document the report;
2. Initiate an appropriate investigation;
3. Evaluate the immediate safety risk;
4. Implement reasonable interim safety measures;
5. Follow applicable federal and state reporting requirements;
6. Notify parents or guardians when legally required;
7. Document the action taken; and
8. Explain the basis for the safety decision.
Repeated failure to comply with these requirements shall subject the district to administrative review and appropriate federal corrective action.
Section 4 — Protection of All Students
The S.T.O.R.M. Law shall protect both:
**Students reporting or experiencing violence**, and
**Students accused of misconduct.**
No student shall lose constitutional or statutory rights merely because another student has made an allegation against them.
Likewise, constitutional rights shall not be interpreted as requiring school officials to ignore credible threats, repeated violence, or serious misconduct.
Section 5 — Independent Safety Review
When a school receives multiple documented complaints involving the same student or repeated failures by school personnel to respond appropriately, the district shall conduct an independent review.
The review shall determine:
* What officials knew;
* When they knew it;
* Whether previous incidents were documented;
* What actions were taken;
* Whether district policy was followed;
* Whether reasonable protective measures were available;
* Whether students or staff were placed at foreseeable risk; and
* Whether additional intervention is necessary.
Section 6 — Federal Oversight
The U.S. Department of Education may require corrective action when a federally funded school district demonstrates a systemic failure to comply with the requirements of this Act.
Corrective measures may include:
* Administrative training;
* Independent monitoring;
* Safety-plan requirements;
* Policy revisions;
* Incident reporting;
* Federal compliance reviews; and
* Other remedies authorized by federal law.
Section 7 — Protection Against Retaliation
Students, parents, guardians, teachers, and staff who report safety concerns or participate in investigations under the Act shall be protected from unlawful retaliation.
Section 8 — Constitutional Balance
Nothing in the S.T.O.R.M. Law shall:
* Eliminate a student's right to due process;
* Authorize punishment based solely upon an accusation;
* Restrict constitutionally protected speech;
* Authorize unreasonable searches;
* Permit discriminatory enforcement;
* Override disability protections; or
* Remove any other constitutional or federal statutory protection.
The S.T.O.R.M. Standard
**SEE IT. DOCUMENT IT. RESPOND TO IT. MONITOR IT.**
A school should not have to wait until a student is seriously injured before taking a known and continuing threat seriously.
Students have rights.
Teachers have rights.
School employees have rights.
And every person entering a school building deserves reasonable protection from preventable violence.
**S.T.O.R.M. Law: Student Threat Oversight, Response & Monitoring — accountability before another student becomes a victim.**
