Bill Amendment: IL HB4663 | 2019-2020 | 101st General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: EDUCATION-TECH

Status: 2020-06-23 - House Committee Amendment No. 1 Rule 19(c) / Re-referred to Rules Committee [HB4663 Detail]

Download: Illinois-2019-HB4663-House_Amendment_001.html

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Rep. Kathleen Willis

Filed: 3/12/2020

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AMENDMENT TO HOUSE BILL 4663
AMENDMENT NO. ______. Amend House Bill 4663 by replacing
everything after the enacting clause with the following:
"Section 5. The School Code is amended by changing Sections
10-23.13, 27A-5, and 34-18.8 and by adding Section 27-9.1a as
follows:
(105 ILCS 5/10-23.13)
Sec. 10-23.13. Policies addressing sexual abuse. Beginning
no later than July 1, 2022, a school district shall To adopt
and implement a policy addressing sexual abuse of children that
shall may include age-appropriate curriculum for students in
pre-K through 12th 5th grade; training for school personnel on
child sexual abuse; educational information to parents or
guardians provided in the school handbook on the warning signs
of a child being abused, along with any needed assistance,
referral, or resource information; available counseling and

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resources for students affected by sexual abuse; and emotional
and educational support for a child of abuse to continue to be
successful in school.
A Any policy adopted under the Section shall may address
without limitation:
(1) methods for increasing teacher, student, and
parent awareness of issues regarding sexual abuse of
children, including knowledge of likely warning signs
indicating that a child may be a victim of sexual abuse,
and the provision of information on how to prevent child
abuse from happening;
(1.5) training for school personnel, including, but
not limited to, training as outlined in Section 10-22.39;
(2) options actions that a student child who is a
victim of sexual abuse has should take to obtain assistance
and intervention; and
(3) available counseling options for students affected
by sexual abuse; and .
(4) methods for educating school personnel, students,
and staff on how to report child abuse.
This Section may be referred to as Erin's Law.
(Source: P.A. 96-1524, eff. 2-14-11.)
(105 ILCS 5/27-9.1a new)
Sec. 27-9.1a. Responsible education for adolescents and
children health (REACH).

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(a) The General Assembly finds all of the following:
(1) Sex education can encourage better sexual health
outcomes, reduce stigma, and prepare young people to lead
healthy and fulfilling lives.
(2) Students who receive sex education that includes
health-positive instruction on sexual orientation, gender
identity, and gender expression report less bullying and
harassment.
(3) Parents, the general public, and young people
overwhelmingly support comprehensive sex education.
(4) Polling has found that 96% of parents support
providing sex education in high school and 93% support sex
education in middle school.
(5) The leading health and education organizations
support sex education that includes information about both
delaying sexual activity and contraceptive use.
(6) Students often lack the education needed to prevent
pregnancy, HIV and other sexually transmitted infections,
to develop healthy relationships, to plan for personal
safety, and to develop decision-making skills.
(7) Schools have a responsibility to address child
abuse, harassment, bullying, inter-personal violence, and
personal safety issues, which can have a significant impact
on a student's emotional and physical well-being and
academic success.
It is the intent of the General Assembly that comprehensive

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sex education shall promote awareness and healthy attitudes
about growth and development, body image, gender identity,
gender expression, sexuality, sexual health, sexual
orientation, consent, dating, relationships, and families;
should be designed to promote positive behaviors and reduce
health-related risk behaviors; and must be available to
students in kindergarten through 12th grade and provide
students with the information, skills, and support needed to
acquire accurate information to make healthy decisions
throughout their lives.
(b) In this Section:
"Abstinence" means to refrain from engaging in any sexual
behavior or from engaging in specific sexual behavior, such as
sexual intercourse, either continuously or periodically.
"Age and developmentally appropriate" means suitable for a
particular age or age group of children and adolescents, based
on the cognitive, emotional, and behavioral development
typical of that age or age group.
"Characteristics of effective programs" means the aspects
of evidence-based programs, including development, content,
and the implementation of programs that have been shown to be
effective in increasing knowledge, clarifying values and
attitudes, increasing skills, and impacting behavior and are
widely recognized by leading medical and public health agencies
to be effective in changing sexual behaviors that lead to
sexually transmitted infections, including HIV, unintended

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pregnancy, dating violence, and sexual violence among young
people.
"Comprehensive sex education" means instruction in a
comprehensive school health education approach that addresses
the physical, mental, emotional, and social dimensions of human
sexuality and is designed to motivate and assist students in
maintaining and improving sexual health, preventing disease,
and reducing sexual health-related risk behaviors and to enable
and empower students to develop and demonstrate
developmentally and culturally appropriate sexuality and
sexual health-related knowledge, attitudes, skills, and
practices.
"Consent" means knowing, affirmative, conscious, and
voluntary agreement to engage in specific interpersonal,
physical, or sexual activity at a given time.
"Culturally appropriate" means materials and instruction
that respond to culturally diverse individuals, families, and
communities in an inclusive, respectful, and effective manner.
"Culturally appropriate" includes materials and instruction
that are inclusive of the experiences and needs of communities
of color, communities of all ethnic and cultural backgrounds,
immigrant communities, English learners, people of diverse
sexual orientations, gender identities, and gender
expressions, people who are intersex, people who have physical
or intellectual disabilities, people who have experienced
sexual victimization, and people whose experiences have

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traditionally been left out of sexual health education,
programs, and policies.
"Gender stereotype" means a generalized view or
preconception about what attributes, characteristics, or roles
are or ought to be taught, possessed by, or performed by women
and men.
"Inclusive" means a curriculum that ensures that students
from historically marginalized communities that include, but
are not limited to, communities of color, immigrant
communities, people of diverse sexual orientations, gender
identities, and gender expressions, people who are intersex,
people who have disabilities, people who have experienced
sexual victimization, and others whose experiences have been
traditionally left out of sex education programs and policies
are included in classroom materials and lessons.
"Instructors trained in appropriate courses" means
instructors who have knowledge of the most recent medically
accurate and complete research on human sexuality, health
relationships, pregnancy, HIV, and other sexually transmitted
infections.
"Medically accurate and complete" means that the
information provided through the instruction is verified or
supported by research conducted in compliance with accepted
scientific methods and is published in peer-reviewed journals
by the federal Centers for Disease Control and Prevention, the
American Public Health Association, the American Academy of

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Pediatrics, and the American College of Obstetricians and
Gynecologists, if applicable, or the program contains
information that leading professional public health or medical
organizations, government agencies, and scientific advisory
groups with relevant expertise in the field recognize as
accurate, objective, and complete. Also, the program does not
withhold information about external anatomy involved in sexual
functioning or in the effectiveness and benefits of correct and
consistent use of condoms and other contraceptives.
"Sexting" means the act of sending, sharing, receiving, or
forwarding a sexually explicit or sexually suggestive image,
video, or text message by a digital or electronic device,
including, but not limited to, a mobile or cellular telephone
or a computer.
"Sexual violence" means an act of a sexual nature that is
committed or attempted by another person without the freely
given consent of the victim or against someone who is unable to
consent or refuse. "Sexual violence" includes acts of sexual
harassment, sexual abuse, and sexual assault.
"Sexual development" means the lifelong process of
physical, behavioral, cognitive, and emotional growth and
changes as it relates to an individual's sexuality and sexual
maturation. "Sexual development" includes puberty, identity
development, socio-cultural influences, and sexual behaviors.
"Trauma informed" means to address vital information about
sexuality and well-being that takes into consideration how

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adverse life experiences may potentially influence sexual
decision making.
(c) Comprehensive sex education requirements under this
Section are as follows:
(1) Beginning no later than July 1, 2021, comprehensive
sex education shall do all of the following:
(A) Reflect the characteristics of effective
programs.
(B) Use and implement curricula that is trauma
informed.
(C) Use or adopt curricula that are inclusive and
address the experiences and needs of all youth in the
school. Instruction must be accessible to pupils with
disabilities, and may include the use of a modified
curriculum, materials, instruction in alternative
formats, and auxiliary aids.
(D) Not discriminate on the basis of sex, race,
ethnicity, national origin, disability, religion,
gender expression, gender identity, or sexual
orientation.
(E) Allow instructors trained in appropriate
courses to answer questions initiated by a student that
are related to and consistent with the material of the
course.
(2) Beginning no later than July 1, 2021, comprehensive
sex education may not:

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(A) use shame-based or stigmatizing language or
instructional tools or stigmatize parenting or
sexually active youth;
(B) stigmatize or further victimize students
impacted by sexual violence;
(C) employ gender stereotypes;
(D) exclude the health needs of individuals who are
intersex or individuals of diverse sexual
orientations, gender identities, or gender
expressions; or
(E) teach or promote any religious doctrine.
(3) Beginning no later than July 1, 2021, comprehensive
sex education instruction and materials, including
materials provided or presented by outside organizations
or guest speakers, may not conflict with the provisions of
this Section.
(4) Beginning no later than July 1, 2021, a school
district shall provide inclusive, medically accurate and
complete, age and developmentally appropriate, and
culturally appropriate comprehensive sex education in the
6th through 12th grades in all public schools, including
charter schools. Comprehensive sex education in the 6th
through 12th grades shall include age and developmentally
appropriate instruction on all of the following topics:
(A) The physical, social, and emotional changes of
human development.

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(B) Human anatomy, reproduction, and sexual
development.
(C) Healthy relationships, including family and
friendships, that are based on mutual consent and
developing the ability to distinguish between healthy
and unhealthy relationships. Such instruction shall
include, but not be limited to:
(i) how to promote personal safety;
(ii) an examination of the harm caused by
gender-role stereotypes, violence, coercion,
bullying, and intimidation in relationships, both
in person and through means of technology; and
(iii) the exploration about how gender
stereotypes can limit all people.
(D) Healthy decision-making skills about sexuality
and relationships. Such instruction shall include, but
not be limited to:
(i) critical thinking, problem solving,
self-efficacy, and decision making; and
(ii) exploring individual values and
attitudes.
(E) The promotion of positive body image among
students to develop an understanding that there is a
range of body types and to feel positive about one's
own body type.
(F) The promotion of positive sexuality, the

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reality that there is a range of healthy sexual
behaviors, and students should feel positive about
sexual behaviors that are consensual, affirming, and
pleasurable.
(G) The Internet safety education curriculum under
Section 27-13.3.
(H) Discussion about social media, dating and
relationship websites or applications, and sexting,
including:
(i) the possible consequences of sharing or
forwarding sexually explicit or sexually
suggestive photographs or images, videos, or text
messages;
(ii) the identification of situations in which
bullying or harassment may result as a consequence
of using social media, dating applications, or
engaging in sexting;
(iii) the possible long-term legal, social,
academic, and other consequences that may result
from possessing or distributing sexual content;
(iv) the importance of using the Internet
safely and how social media, dating applications,
and sexting may pose a risk to personal safety;
(v) the identification of individuals,
including school personnel, community members, and
parents, who may provide assistance with issues,

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concerns, or problems resulting from use of the
Internet; and
(vi) the development of strategies for
resisting peer pressure and for communicating in a
positive manner.
(I) Information about interpersonal violence,
sexual violence, and human trafficking. Information
about human trafficking shall include both of the
following:
(i) Information on the prevalence, nature, and
strategies to reduce the risk of human
trafficking, techniques to set healthy boundaries,
and how to safely seek assistance.
(ii) Information on how social media and
mobile device applications are used for human
trafficking.
(J) Information about adolescent relationship
abuse and intimate partner violence, including the
early warning signs thereof.
(K) Information about confidential local services
and resources in which students can obtain additional
information related to bullying, dating violence,
sexual violence, suicide prevention, and other related
care without immediate parental notification or
consent.
(L) Information about mandated reporting of abused

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and neglected children as required by the Abused and
Neglected Child Reporting Act.
(M) Course material and instruction must include
an age and developmentally appropriate discussion on
the meaning of consent that includes discussion on
recognizing all of the following:
(i) That consent is a freely given agreement to
sexual activity.
(ii) That consent to one particular sexual
activity does not constitute consent to other
types of sexual activities.
(iii) That a person's lack of verbal or
physical resistance or submission resulting from
the use or threat of force does not constitute
consent.
(iv) That a person's manner of dress does not
constitute consent.
(v) That a person's consent to past sexual
activity does not constitute consent to future
sexual activity.
(vi) That a person's consent to engage in
sexual activity with one person does not
constitute consent to engage in sexual activity
with another person.
(vii) That a person can withdraw consent at any
time.

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(viii) That a person cannot consent to sexual
activity if that person is unable to understand the
nature of the activity or give knowing consent due
to certain circumstances that include, but are not
limited to, (I) the person is incapacitated due to
the use or influence of alcohol or drugs, (II) the
person is asleep or unconscious, (III) the person
is a minor, or (IV) the person is incapacitated due
to a mental disability.
(N) Encouraging youth to communicate with parents
or guardians, health and social service professionals,
and other trusted adults about sexuality and intimate
relationships.
(O) Creating a safe and culturally appropriate
environment for all students and others in society.
(P) Affirmative and inclusive examples of varying
types of relationships and family structures.
Discussion of healthy relationships and personal
safety must include affirmative representation and
health-positive instruction on diverse sexual
orientations, gender identities, and gender
expressions.
(Q) The benefits of abstinence, behavioral
changes, the use of barrier methods, medication,
contraception, and sexually transmitted infection
prevention measures, including:

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(i) instruction on how to effectively use
condoms, barrier methods, and preventative
medication to protect against sexually transmitted
infections, including HIV;
(ii) the benefits of contraception, condoms,
and barrier methods to avoid pregnancy and how to
effectively use each method;
(iii) the relationship between substance use
and sexual health and behaviors;
(iv) information about local health services
in which students can obtain additional
information and services related to sexual and
reproductive health and other related care; and
(v) information about the rights of
individuals to obtain contraceptives and sexual
health care.
(R) Unbiased information and non-stigmatizing
information about the options regarding pregnancy,
including parenting, adoption, and abortion.
(S) Information concerning the Abandoned Newborn
Infant Protection Act that relate to the safe
abandonment of a child to a firefighter at a fire
station or to a staff member at a hospital or a
community clinic or at an emergency center within the
first 30 days of the child's life.
(T) Affirmative recognition of the roles that

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traditions, values, norms, gender roles,
acculturation, family structure, health beliefs, and
political power play in how students make decisions
that affect their sexual health.
(U) Examples of diverse races, ethnicities,
genders, sexual orientations, gender identities,
gender expressions, cultures, and families, including
single-parent households and young families.
(V) Information about sexual orientation, gender
identity, and gender expression for all students,
including:
(i) an affirmative recognition that people
have diverse sexual orientations, gender
identities, and gender expressions; and
(ii) referrals to community resources that can
provide additional support for students of diverse
sexual orientations, gender identities, and gender
expressions.
(W) Opportunities to explore the roles that race,
ethnicity, immigration status, disability status,
sexual orientation, gender identity, gender
expression, economic status, and language within
different communities play in how students make
decisions that affect their sexual health.
(5) Beginning no later than July 1, 2022, a school
district shall provide inclusive, medically accurate and

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complete, age and developmentally appropriate, and
culturally appropriate comprehensive sex education in the
3rd through 5th grades in all public schools, including
charter schools. Comprehensive sex education in the 3rd
through 5th grades shall include age and developmentally
appropriate instruction on all of the following topics:
(A) Human anatomy and reproduction.
(B) Puberty, including the physical, social, and
emotional changes that occur during puberty and
adolescence.
(C) The promotion of positive body image among
students to develop an understanding that there is a
range of body types and to feel positive about one's
own body type.
(D) Personal hygiene.
(E) Information about diverse sexual orientations,
gender identities, and gender expressions.
(F) Healthy relationships, including family and
friendships, that are based on mutual consent and
developing the ability to distinguish between healthy
and unhealthy relationships and how to promote
personal safety.
(G) The examination of the harm caused by
gender-role stereotypes, coercion, bullying,
harassment, and intimidation in relationships.
(H) Bullying, harassment, and abuse.

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(I) Reliance on and communication with parents and
trusted adults for help managing the physical, social,
and emotional changes during puberty, developing
healthy relationships, personal safety, and dealing
with bullying, harassment, or abuse.
(J) Discussion about social media, dating
applications, sexting, and other Internet-based
methods of communicating in relationships, including:
(i) the possible consequences of sharing or
forwarding sexually explicit or sexually
suggestive photographs or images, videos, or text
messages;
(ii) the identification of situations in which
bullying or harassment may result as a consequence
of using social media and dating applications or
engaging in sexting;
(iii) the possible long-term legal, social,
academic, and other consequences that may result
from possessing or distributing sexual content;
(iv) the importance of using the Internet
safely and how social media, dating applications,
and sexting may pose a risk to personal safety;
(v) the identification of individuals,
including school personnel, community members, and
parents, who may provide assistance with issues,
concerns, or problems resulting from use of the

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Internet; and
(vi) the development of strategies for
resisting peer pressure and for communicating in a
positive manner.
(K) Information about interpersonal violence,
sexual violence, and human trafficking. The
information about human trafficking shall include both
of the following:
(i) Information on the prevalence, nature, and
strategies to reduce the risk of human
trafficking, the techniques to set healthy
boundaries, and how to safely seek assistance.
(ii) Information about how social media and
mobile device applications are used for human
trafficking.
(L) Information about confidential local services
and resources where students can obtain additional
information related to bullying, dating violence and
sexual assault, suicide prevention, and other related
care without immediate parental notification or
consent.
(M) Information about mandated reporting of abused
and neglected children as required by the Abused and
Neglected Child Reporting Act.
(6) Beginning no later than July 1, 2022, a school
district shall provide inclusive, medically accurate and

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complete, age and developmentally appropriate, and
culturally appropriate comprehensive sex education in the
1st and 2nd grades and in kindergarten if kindergarten is
offered by the school. Comprehensive sex education in
kindergarten through 2nd grade shall include age and
developmentally appropriate instruction on the following
topics:
(A) Human anatomy.
(B) Gender roles.
(C) Varying family structures.
(D) Healthy relationships, including friendships.
(E) Personal bodily autonomy.
(F) How to promote personal safety, including
reliance on and communication with parents and trusted
adults.
(G) Bullying.
(7) Beginning no later than July 1, 2022, the State
Board of Education shall post on its website comprehensive
sex education resources that are inclusive, medically
accurate and complete, age and developmentally
appropriate, and culturally appropriate for use in
pre-kindergarten through the 12th grade. Any comprehensive
sex education offered to pre-kindergarten students shall
be age and developmentally appropriate.
(d) Parental requests and notice are as follows:
(1) It is the intent of the General Assembly to:

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(A) encourage pupils to communicate with their
parents or guardians about human sexuality and health
needs and to respect the rights of parents and
guardians to supervise their children's education on
these subjects;
(B) create a streamlined process to make it easier
for parents and guardians to review materials and
evaluation tools related to comprehensive sexual
health education; and
(C) recognize that although parents and guardians
overwhelmingly support medically accurate and
complete, age and developmentally appropriate, and
culturally appropriate comprehensive sex education,
parents and guardians have the ultimate responsibility
for imparting values regarding human sexuality to
their children.
(2) A parent or guardian of a student has the right to
excuse his or her child from all or part of comprehensive
sex education and assessments related to that education
through a passive consent process. A school district may
not require active parental consent for comprehensive sex
education.
(3) A school district shall post information on its
Internet website about any curricula used to provide
comprehensive sex education, including:
(A) whether the instruction was provided by a

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teacher in the school, an outside organization, or a
guest lecturer or resource person;
(B) the number of students who received the
instruction;
(C) the number of students excused from
instruction pursuant to this subsection; and
(D) the duration of instruction.
If any instruction is provided by an outside
organization or guest lecturer or resource person, the
school district shall specify the name of the outside
organization or the guest lecturer or resource person and
identify any organizations with which the guest lecturer or
resource person may be affiliated. If an Internet website
is not available, the information must be provided in
another format to school administrators, school board
members, school personnel, parents, guardians, students,
and the public.
(4) At the beginning of each school year, or, at the
time of a student's enrollment, a school district shall
notify the parent or guardian of each student about
instruction planned for the coming year about
comprehensive sex education and research on student
health, behaviors, and risks. The notice shall do all of
the following:
(A) Advise the parent or guardian that written and
audiovisual educational materials used in

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comprehensive sex education are available for
inspection both to the parent or guardian and to the
public.
(B) Advise the parent or guardian whether the
comprehensive sex education will be taught by school
district personnel or by an outside organization or
guest speaker. If comprehensive sex education is to be
taught by an outside organization or guest speaker, the
notice shall include the date of the instruction, the
name of the organization or affiliation of each guest
speaker, and information stating the right of the
parent or guardian to request a copy of the educational
materials to be used. If arrangements for this
instruction are made after the beginning of the school
year, the notice shall be made by mail or another
commonly used method of notification no fewer than 14
days before the instruction is delivered.
(C) Include information explaining the parent's or
guardian's right to request a copy of this Section.
(D) Advise the parent or guardian that the parent
or guardian has the right to excuse the student from
comprehensive sex education and that, in order to
excuse the student, the parent or guardian must submit
his or her request in writing to the school district.
(E) State that a student will not be subject to
disciplinary action, an academic penalty, or any other

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sanction if the student's parent or guardian requests
the student not receive the instruction provided under
this Section. If a student's parent or guardian
requests that the student not receive the instruction
provided under this Section, the school is encouraged
to provide alternative assignments on a related topic.
(e) The State Board shall adopt rules to implement,
administer, and ensure compliance with this Section.
The State Board shall develop, maintain, and make publicly
available State standards and the current list of curricula
that are consistent with this Section.
The State Board shall require minimum education and
training qualifications for comprehensive sex education
instructors.
A school district must abide by this Section. All guest
lecturers and resource people shall have expertise in
comprehensive sex education consistent with this Section.
(f) The State Board shall convene a REACH implementation
committee to support school districts with implementation of
the mandate for comprehensive sex education as follows:
(1) The committee must be created and operational
within 60 days after the effective date of this amendatory
Act of the 101st General Assembly.
(2) The committee shall work with the State Board to:
(A) seek input from school districts about
implementation;

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(B) develop and disseminate guidance for school
districts;
(C) identify existing resources and curricula; and
(D) identify opportunities for professional
development for educators and school administrators.
(3) The committee may form subcommittees to guide and
organize its work.
(4) The State Board shall support the committee with
staff and resources.
(5) The State Superintendent of Education shall
appoint the members of the committee.
(6) Members of the committee are not entitled to
compensation for their service as members.
(7) At a minimum, the committee shall include:
(A) the State Superintendent or his or her
designee;
(B) a parent representative;
(C) a youth representative;
(D) a representative of kindergarten through grade
12 educators, with emphasis on sex education
educators;
(E) a representative of school-based health
centers or a school nurse;
(F) a representative of mental health providers;
(G) a representative of school social workers;
(H) a representative of a statewide coalition for

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survivors of sexual violence;
(I) a representative of a statewide coalition for
survivors of domestic violence;
(J) a representative of an organization serving
the needs of youth of color;
(K) a representative of an organization serving
the needs of immigrants;
(L) a representative of an organization serving
the needs of lesbian, gay, bisexual, transgender,
asexual, and queer youth;
(M) a representative from an interfaith
organization;
(N) a representative of an organization serving
the needs of intersex individuals; and
(O) a representative of an organization serving
the needs of students with disabilities.
(8) The committee shall be dissolved on January 1,
2025.
(g) The State Board may adopt rules setting forth a
complaint procedure to enforce this Section.
The State Board shall establish a web portal to accept
complaints from the public that a school district is not
adhering to the requirements of this Section. A final
determination of a complaint by the State Board shall be
appealable to an Illinois circuit court.
(h) Pursuant to Section 2-3.25g, a school district may seek

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a waiver or modification of a mandate for comprehensive sex
education required under this Section. If the waiver or
modification of a mandate is sought for comprehensive sex
education in the 6th through 12th grades for the 2021-2022
school year, the State Board shall automatically grant a
one-year waiver of the mandate until the 2022-2023 school year.
If the waiver or modification of a mandate is sought for
comprehensive sex education during kindergarten through 5th
grades for the 2022-2023 school year, the State Board shall
automatically grant a one-year waiver of the mandate until the
2023-2024 school year.
(i) There is created by the State Board the REACH Grant
Program as follows:
(1) The purpose of the REACH Grant Program is to
provide money to school districts and charter schools for
use in the creation and implementation of comprehensive sex
education pursuant to this Section.
(2) Upon receipt of federal money or other
appropriations or sources of funding, the State Board shall
notify school districts and charter schools throughout
this State of grants available through the REACH Grant
Program.
(3) The State Board shall award grants to school
districts and charter schools for a period of one year,
with the opportunity to seek a one-year extension.
(4) Money distributed to school districts and charter

10100HB4663ham001 - 28 - LRB101 18778 CMG 70629 a
schools through the REACH Grant Program must be used only
for the provision of comprehensive sex education
instruction that complies with this Section.
(5) On or before July 1, 2022 and every year thereafter
in which grants have been awarded, the State Board shall
submit a report concerning the outcomes of the REACH Grant
Program to the General Assembly. The report must include,
at a minimum:
(A) the school districts and charter schools that
received a grant under the program;
(B) the number of students taught and the
instruction utilized;
(C) the amount of each grant awarded;
(D) the average amount of all grants awarded; and
(E) an analysis by the State Board of the impact of
funding.
(6) Nothing in this subsection prohibits a school
district or charter school from applying for and receiving
grants through the REACH Grant Program and from applying
for and receiving grants or other funding through other
sources. A school district or charter school may apply for
and receive grants and funding for comprehensive sex
education from multiple sources.
(7) The State Board shall adopt any rules it deems
necessary for the administration of this subsection.

10100HB4663ham001 - 29 - LRB101 18778 CMG 70629 a
(105 ILCS 5/27A-5)
(Text of Section before amendment by P.A. 101-50)
Sec. 27A-5. Charter school; legal entity; requirements.
(a) A charter school shall be a public, nonsectarian,
nonreligious, non-home based, and non-profit school. A charter
school shall be organized and operated as a nonprofit
corporation or other discrete, legal, nonprofit entity
authorized under the laws of the State of Illinois.
(b) A charter school may be established under this Article
by creating a new school or by converting an existing public
school or attendance center to charter school status. Beginning
on April 16, 2003 (the effective date of Public Act 93-3), in
all new applications to establish a charter school in a city
having a population exceeding 500,000, operation of the charter
school shall be limited to one campus. The changes made to this
Section by Public Act 93-3 do not apply to charter schools
existing or approved on or before April 16, 2003 (the effective
date of Public Act 93-3).
(b-5) In this subsection (b-5), "virtual-schooling" means
a cyber school where students engage in online curriculum and
instruction via the Internet and electronic communication with
their teachers at remote locations and with students
participating at different times.
From April 1, 2013 through December 31, 2016, there is a
moratorium on the establishment of charter schools with
virtual-schooling components in school districts other than a

10100HB4663ham001 - 30 - LRB101 18778 CMG 70629 a
school district organized under Article 34 of this Code. This
moratorium does not apply to a charter school with
virtual-schooling components existing or approved prior to
April 1, 2013 or to the renewal of the charter of a charter
school with virtual-schooling components already approved
prior to April 1, 2013.
(c) A charter school shall be administered and governed by
its board of directors or other governing body in the manner
provided in its charter. The governing body of a charter school
shall be subject to the Freedom of Information Act and the Open
Meetings Act. No later than January 1, 2021 (one year after the
effective date of Public Act 101-291) this amendatory Act of
the 101st General Assembly, a charter school's board of
directors or other governing body must include at least one
parent or guardian of a pupil currently enrolled in the charter
school who may be selected through the charter school or a
charter network election, appointment by the charter school's
board of directors or other governing body, or by the charter
school's Parent Teacher Organization or its equivalent.
(c-5) No later than January 1, 2021 (one year after the
effective date of Public Act 101-291) this amendatory Act of
the 101st General Assembly or within the first year of his or
her first term, every voting member of a charter school's board
of directors or other governing body shall complete a minimum
of 4 hours of professional development leadership training to
ensure that each member has sufficient familiarity with the

10100HB4663ham001 - 31 - LRB101 18778 CMG 70629 a
board's or governing body's role and responsibilities,
including financial oversight and accountability of the
school, evaluating the principal's and school's performance,
adherence to the Freedom of Information Act and the Open
Meetings Act Acts, and compliance with education and labor law.
In each subsequent year of his or her term, a voting member of
a charter school's board of directors or other governing body
shall complete a minimum of 2 hours of professional development
training in these same areas. The training under this
subsection may be provided or certified by a statewide charter
school membership association or may be provided or certified
by other qualified providers approved by the State Board of
Education.
(d) For purposes of this subsection (d), "non-curricular
health and safety requirement" means any health and safety
requirement created by statute or rule to provide, maintain,
preserve, or safeguard safe or healthful conditions for
students and school personnel or to eliminate, reduce, or
prevent threats to the health and safety of students and school
personnel. "Non-curricular health and safety requirement" does
not include any course of study or specialized instructional
requirement for which the State Board has established goals and
learning standards or which is designed primarily to impart
knowledge and skills for students to master and apply as an
outcome of their education.
A charter school shall comply with all non-curricular

10100HB4663ham001 - 32 - LRB101 18778 CMG 70629 a
health and safety requirements applicable to public schools
under the laws of the State of Illinois. On or before September
1, 2015, the State Board shall promulgate and post on its
Internet website a list of non-curricular health and safety
requirements that a charter school must meet. The list shall be
updated annually no later than September 1. Any charter
contract between a charter school and its authorizer must
contain a provision that requires the charter school to follow
the list of all non-curricular health and safety requirements
promulgated by the State Board and any non-curricular health
and safety requirements added by the State Board to such list
during the term of the charter. Nothing in this subsection (d)
precludes an authorizer from including non-curricular health
and safety requirements in a charter school contract that are
not contained in the list promulgated by the State Board,
including non-curricular health and safety requirements of the
authorizing local school board.
(e) Except as otherwise provided in the School Code, a
charter school shall not charge tuition; provided that a
charter school may charge reasonable fees for textbooks,
instructional materials, and student activities.
(f) A charter school shall be responsible for the
management and operation of its fiscal affairs including, but
not limited to, the preparation of its budget. An audit of each
charter school's finances shall be conducted annually by an
outside, independent contractor retained by the charter

10100HB4663ham001 - 33 - LRB101 18778 CMG 70629 a
school. To ensure financial accountability for the use of
public funds, on or before December 1 of every year of
operation, each charter school shall submit to its authorizer
and the State Board a copy of its audit and a copy of the Form
990 the charter school filed that year with the federal
Internal Revenue Service. In addition, if deemed necessary for
proper financial oversight of the charter school, an authorizer
may require quarterly financial statements from each charter
school.
(g) A charter school shall comply with all provisions of
this Article, the Illinois Educational Labor Relations Act, all
federal and State laws and rules applicable to public schools
that pertain to special education and the instruction of
English learners, and its charter. A charter school is exempt
from all other State laws and regulations in this Code
governing public schools and local school board policies;
however, a charter school is not exempt from the following:
(1) Sections 10-21.9 and 34-18.5 of this Code regarding
criminal history records checks and checks of the Statewide
Sex Offender Database and Statewide Murderer and Violent
Offender Against Youth Database of applicants for
employment;
(2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and
34-84a of this Code regarding discipline of students;
(3) the Local Governmental and Governmental Employees
Tort Immunity Act;

10100HB4663ham001 - 34 - LRB101 18778 CMG 70629 a
(4) Section 108.75 of the General Not For Profit
Corporation Act of 1986 regarding indemnification of
officers, directors, employees, and agents;
(5) the Abused and Neglected Child Reporting Act;
(5.5) subsection (b) of Section 10-23.12 and
subsection (b) of Section 34-18.6 of this Code;
(6) the Illinois School Student Records Act;
(7) Section 10-17a of this Code regarding school report
cards;
(8) the P-20 Longitudinal Education Data System Act;
(9) Section 27-23.7 of this Code regarding bullying
prevention;
(10) Section 2-3.162 of this Code regarding student
discipline reporting;
(11) Sections 22-80 and 27-8.1 of this Code;
(12) Sections 10-20.60 and 34-18.53 of this Code;
(13) Sections 10-20.63 and 34-18.56 of this Code;
(14) Section 26-18 of this Code;
(15) Section 22-30 of this Code; and
(16) Sections 24-12 and 34-85 of this Code; .
(17) Section 10-23.13 of this Code; and
(18) Section 27-9.1a of this Code.
The change made by Public Act 96-104 to this subsection (g)
is declaratory of existing law.
(h) A charter school may negotiate and contract with a
school district, the governing body of a State college or

10100HB4663ham001 - 35 - LRB101 18778 CMG 70629 a
university or public community college, or any other public or
for-profit or nonprofit private entity for: (i) the use of a
school building and grounds or any other real property or
facilities that the charter school desires to use or convert
for use as a charter school site, (ii) the operation and
maintenance thereof, and (iii) the provision of any service,
activity, or undertaking that the charter school is required to
perform in order to carry out the terms of its charter.
However, a charter school that is established on or after April
16, 2003 (the effective date of Public Act 93-3) and that
operates in a city having a population exceeding 500,000 may
not contract with a for-profit entity to manage or operate the
school during the period that commences on April 16, 2003 (the
effective date of Public Act 93-3) and concludes at the end of
the 2004-2005 school year. Except as provided in subsection (i)
of this Section, a school district may charge a charter school
reasonable rent for the use of the district's buildings,
grounds, and facilities. Any services for which a charter
school contracts with a school district shall be provided by
the district at cost. Any services for which a charter school
contracts with a local school board or with the governing body
of a State college or university or public community college
shall be provided by the public entity at cost.
(i) In no event shall a charter school that is established
by converting an existing school or attendance center to
charter school status be required to pay rent for space that is

10100HB4663ham001 - 36 - LRB101 18778 CMG 70629 a
deemed available, as negotiated and provided in the charter
agreement, in school district facilities. However, all other
costs for the operation and maintenance of school district
facilities that are used by the charter school shall be subject
to negotiation between the charter school and the local school
board and shall be set forth in the charter.
(j) A charter school may limit student enrollment by age or
grade level.
(k) If the charter school is approved by the State Board or
Commission, then the charter school is its own local education
agency.
(Source: P.A. 100-29, eff. 1-1-18; 100-156, eff. 1-1-18;
100-163, eff. 1-1-18; 100-413, eff. 1-1-18; 100-468, eff.
6-1-18; 100-726, eff. 1-1-19; 100-863, eff. 8-14-18; 101-81,
eff. 7-12-19; 101-291, eff. 1-1-20; 101-531, eff. 8-23-19;
101-543, eff. 8-23-19; revised 9-19-19.)
(Text of Section after amendment by P.A. 101-50)
Sec. 27A-5. Charter school; legal entity; requirements.
(a) A charter school shall be a public, nonsectarian,
nonreligious, non-home based, and non-profit school. A charter
school shall be organized and operated as a nonprofit
corporation or other discrete, legal, nonprofit entity
authorized under the laws of the State of Illinois.
(b) A charter school may be established under this Article
by creating a new school or by converting an existing public

10100HB4663ham001 - 37 - LRB101 18778 CMG 70629 a
school or attendance center to charter school status. Beginning
on April 16, 2003 (the effective date of Public Act 93-3), in
all new applications to establish a charter school in a city
having a population exceeding 500,000, operation of the charter
school shall be limited to one campus. The changes made to this
Section by Public Act 93-3 do not apply to charter schools
existing or approved on or before April 16, 2003 (the effective
date of Public Act 93-3).
(b-5) In this subsection (b-5), "virtual-schooling" means
a cyber school where students engage in online curriculum and
instruction via the Internet and electronic communication with
their teachers at remote locations and with students
participating at different times.
From April 1, 2013 through December 31, 2016, there is a
moratorium on the establishment of charter schools with
virtual-schooling components in school districts other than a
school district organized under Article 34 of this Code. This
moratorium does not apply to a charter school with
virtual-schooling components existing or approved prior to
April 1, 2013 or to the renewal of the charter of a charter
school with virtual-schooling components already approved
prior to April 1, 2013.
(c) A charter school shall be administered and governed by
its board of directors or other governing body in the manner
provided in its charter. The governing body of a charter school
shall be subject to the Freedom of Information Act and the Open

10100HB4663ham001 - 38 - LRB101 18778 CMG 70629 a
Meetings Act. No later than January 1, 2021 (one year after the
effective date of Public Act 101-291) this amendatory Act of
the 101st General Assembly, a charter school's board of
directors or other governing body must include at least one
parent or guardian of a pupil currently enrolled in the charter
school who may be selected through the charter school or a
charter network election, appointment by the charter school's
board of directors or other governing body, or by the charter
school's Parent Teacher Organization or its equivalent.
(c-5) No later than January 1, 2021 (one year after the
effective date of Public Act 101-291) this amendatory Act of
the 101st General Assembly or within the first year of his or
her first term, every voting member of a charter school's board
of directors or other governing body shall complete a minimum
of 4 hours of professional development leadership training to
ensure that each member has sufficient familiarity with the
board's or governing body's role and responsibilities,
including financial oversight and accountability of the
school, evaluating the principal's and school's performance,
adherence to the Freedom of Information Act and the Open
Meetings Act Acts, and compliance with education and labor law.
In each subsequent year of his or her term, a voting member of
a charter school's board of directors or other governing body
shall complete a minimum of 2 hours of professional development
training in these same areas. The training under this
subsection may be provided or certified by a statewide charter

10100HB4663ham001 - 39 - LRB101 18778 CMG 70629 a
school membership association or may be provided or certified
by other qualified providers approved by the State Board of
Education.
(d) For purposes of this subsection (d), "non-curricular
health and safety requirement" means any health and safety
requirement created by statute or rule to provide, maintain,
preserve, or safeguard safe or healthful conditions for
students and school personnel or to eliminate, reduce, or
prevent threats to the health and safety of students and school
personnel. "Non-curricular health and safety requirement" does
not include any course of study or specialized instructional
requirement for which the State Board has established goals and
learning standards or which is designed primarily to impart
knowledge and skills for students to master and apply as an
outcome of their education.
A charter school shall comply with all non-curricular
health and safety requirements applicable to public schools
under the laws of the State of Illinois. On or before September
1, 2015, the State Board shall promulgate and post on its
Internet website a list of non-curricular health and safety
requirements that a charter school must meet. The list shall be
updated annually no later than September 1. Any charter
contract between a charter school and its authorizer must
contain a provision that requires the charter school to follow
the list of all non-curricular health and safety requirements
promulgated by the State Board and any non-curricular health

10100HB4663ham001 - 40 - LRB101 18778 CMG 70629 a
and safety requirements added by the State Board to such list
during the term of the charter. Nothing in this subsection (d)
precludes an authorizer from including non-curricular health
and safety requirements in a charter school contract that are
not contained in the list promulgated by the State Board,
including non-curricular health and safety requirements of the
authorizing local school board.
(e) Except as otherwise provided in the School Code, a
charter school shall not charge tuition; provided that a
charter school may charge reasonable fees for textbooks,
instructional materials, and student activities.
(f) A charter school shall be responsible for the
management and operation of its fiscal affairs including, but
not limited to, the preparation of its budget. An audit of each
charter school's finances shall be conducted annually by an
outside, independent contractor retained by the charter
school. To ensure financial accountability for the use of
public funds, on or before December 1 of every year of
operation, each charter school shall submit to its authorizer
and the State Board a copy of its audit and a copy of the Form
990 the charter school filed that year with the federal
Internal Revenue Service. In addition, if deemed necessary for
proper financial oversight of the charter school, an authorizer
may require quarterly financial statements from each charter
school.
(g) A charter school shall comply with all provisions of

10100HB4663ham001 - 41 - LRB101 18778 CMG 70629 a
this Article, the Illinois Educational Labor Relations Act, all
federal and State laws and rules applicable to public schools
that pertain to special education and the instruction of
English learners, and its charter. A charter school is exempt
from all other State laws and regulations in this Code
governing public schools and local school board policies;
however, a charter school is not exempt from the following:
(1) Sections 10-21.9 and 34-18.5 of this Code regarding
criminal history records checks and checks of the Statewide
Sex Offender Database and Statewide Murderer and Violent
Offender Against Youth Database of applicants for
employment;
(2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and
34-84a of this Code regarding discipline of students;
(3) the Local Governmental and Governmental Employees
Tort Immunity Act;
(4) Section 108.75 of the General Not For Profit
Corporation Act of 1986 regarding indemnification of
officers, directors, employees, and agents;
(5) the Abused and Neglected Child Reporting Act;
(5.5) subsection (b) of Section 10-23.12 and
subsection (b) of Section 34-18.6 of this Code;
(6) the Illinois School Student Records Act;
(7) Section 10-17a of this Code regarding school report
cards;
(8) the P-20 Longitudinal Education Data System Act;

10100HB4663ham001 - 42 - LRB101 18778 CMG 70629 a
(9) Section 27-23.7 of this Code regarding bullying
prevention;
(10) Section 2-3.162 of this Code regarding student
discipline reporting;
(11) Sections 22-80 and 27-8.1 of this Code;
(12) Sections 10-20.60 and 34-18.53 of this Code;
(13) Sections 10-20.63 and 34-18.56 of this Code;
(14) Section 26-18 of this Code;
(15) Section 22-30 of this Code; and
(16) Sections 24-12 and 34-85 of this Code; .
(17) (16) The Seizure Smart School Act; .
(18) Section 10-23.13 of this Code; and
(19) Section 27-9.1a of this Code.
The change made by Public Act 96-104 to this subsection (g)
is declaratory of existing law.
(h) A charter school may negotiate and contract with a
school district, the governing body of a State college or
university or public community college, or any other public or
for-profit or nonprofit private entity for: (i) the use of a
school building and grounds or any other real property or
facilities that the charter school desires to use or convert
for use as a charter school site, (ii) the operation and
maintenance thereof, and (iii) the provision of any service,
activity, or undertaking that the charter school is required to
perform in order to carry out the terms of its charter.
However, a charter school that is established on or after April

10100HB4663ham001 - 43 - LRB101 18778 CMG 70629 a
16, 2003 (the effective date of Public Act 93-3) and that
operates in a city having a population exceeding 500,000 may
not contract with a for-profit entity to manage or operate the
school during the period that commences on April 16, 2003 (the
effective date of Public Act 93-3) and concludes at the end of
the 2004-2005 school year. Except as provided in subsection (i)
of this Section, a school district may charge a charter school
reasonable rent for the use of the district's buildings,
grounds, and facilities. Any services for which a charter
school contracts with a school district shall be provided by
the district at cost. Any services for which a charter school
contracts with a local school board or with the governing body
of a State college or university or public community college
shall be provided by the public entity at cost.
(i) In no event shall a charter school that is established
by converting an existing school or attendance center to
charter school status be required to pay rent for space that is
deemed available, as negotiated and provided in the charter
agreement, in school district facilities. However, all other
costs for the operation and maintenance of school district
facilities that are used by the charter school shall be subject
to negotiation between the charter school and the local school
board and shall be set forth in the charter.
(j) A charter school may limit student enrollment by age or
grade level.
(k) If the charter school is approved by the State Board or

10100HB4663ham001 - 44 - LRB101 18778 CMG 70629 a
Commission, then the charter school is its own local education
agency.
(Source: P.A. 100-29, eff. 1-1-18; 100-156, eff. 1-1-18;
100-163, eff. 1-1-18; 100-413, eff. 1-1-18; 100-468, eff.
6-1-18; 100-726, eff. 1-1-19; 100-863, eff. 8-14-18; 101-50,
eff. 7-1-20; 101-81, eff. 7-12-19; 101-291, eff. 1-1-20;
101-531, eff. 8-23-19; 101-543, eff. 8-23-19; revised
9-19-19.)
(105 ILCS 5/34-18.8) (from Ch. 122, par. 34-18.8)
Sec. 34-18.8. HIV AIDS training. School guidance
counselors, nurses, teachers and other school personnel who
work with pupils shall may be trained to have a basic knowledge
of matters relating to human immunodeficiency virus (HIV)
acquired immunodeficiency syndrome (AIDS), including the
nature of the infection disease, its causes and effects, the
means of detecting it and preventing its transmission, the
availability of appropriate sources of counseling and
referral, and any other medically accurate information that is
age and developmentally appropriate for may be appropriate
considering the age and grade level of such pupils. The Board
of Education shall supervise such training. The State Board of
Education and the Department of Public Health shall jointly
develop standards for such training.
(Source: P.A. 86-900.)

10100HB4663ham001 - 45 - LRB101 18778 CMG 70629 a
(105 ILCS 5/27-9.1 rep.)
(105 ILCS 5/27-9.2 rep.)
(105 ILCS 5/27-11 rep.)
Section 10. The School Code is amended by repealing
Sections 27-9.1, 27-9.2, and 27-11.
Section 95. No acceleration or delay. Where this Act makes
changes in a statute that is represented in this Act by text
that is not yet or no longer in effect (for example, a Section
represented by multiple versions), the use of that text does
not accelerate or delay the taking effect of (i) the changes
made by this Act or (ii) provisions derived from any other
Public Act.
Section 99. Effective date. This Act takes effect upon
becoming law.".