Bill Amendment: IL SB0647 | 2021-2022 | 102nd General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: SCH CD-HEALTH ED/SEX ABUSE

Status: 2021-04-21 - Added as Co-Sponsor Sen. Laura Ellman [SB0647 Detail]

Download: Illinois-2021-SB0647-Senate_Amendment_002.html

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Sen. Ram Villivalam

Filed: 3/24/2021

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AMENDMENT TO SENATE BILL 647
AMENDMENT NO. ______. Amend Senate Bill 647 by replacing
everything after the enacting clause with the following:
"Section 5. The School Code is amended by adding Section
27-9.1a and by changing Sections 27A-5 and 34-18.8 as follows:
(105 ILCS 5/27-9.1a new)
Sec. 27-9.1a. Responsible education for adolescent and
children's health (REACH).
(a) This Section may be referred to as the REACH Law.
(b) The General Assembly finds all of the following:
(1) Personal health and safety education can encourage
better sexual health outcomes, reduce stigmas, and prepare
young people to lead healthy and fulfilling lives.
(2) Students who receive personal health and safety
education that includes health-positive instruction on
sexual orientation, gender identity, and gender expression

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report less bullying and harassment.
(3) The leading health and education organizations
support personal health and safety education that includes
information about both delaying sexual activity and the
effective use of contraception.
(4) Students often lack the education and support
needed to prevent unwanted or mistimed pregnancy, HIV, and
other sexually transmitted infections, to develop healthy
relationships, to plan for personal safety, and to develop
decision-making skills.
(5) 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 personal health and safety 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.

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(c) In this Section:
"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,
unwanted or mistimed pregnancy, dating violence, and sexual
violence among young people.
"Comprehensive personal health and safety 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, developing skills for engaging in healthy
relationships, preventing abuse, preventing sexual and
interpersonal violence, preventing infection, 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

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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 are inclusive of the experiences and needs of communities
of color, communities of all ethnic and cultural backgrounds,
immigrant communities, families, people whose primary language
is not English, people of diverse sexual orientations, gender
identities, and gender expressions, people who are intersex,
people with disabilities, people who have experienced sexual
victimization, and people whose experiences have 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 people
based on their gender identity.
"Human trafficking" means the recruitment, harboring,
transportation, provision, obtaining, patronizing, or
soliciting of a person for the purpose of labor, involuntary
servitude, debt bondage, slavery, or a commercial sex act,
which is induced by force, fraud, or coercion or in which the
person induced has not attained 18 years of age.
"Inclusive" means a curriculum that ensures that students
from marginalized communities that include, but are not

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limited to, communities of color, immigrant communities,
people of diverse sexual orientations, gender identities, and
gender expressions, people who are intersex, people with
disabilities, people who have experienced sexual
victimization, and others whose experiences have been
traditionally left out of personal health and safety education
or related programs and policies are included in classroom
materials and lessons.
"Medically accurate and complete" means that the
information provided through 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
Pediatrics, and the American College of Obstetricians and
Gynecologists, if applicable, or a 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 and 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,

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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.
"Trauma informed" means to address vital information about
sexuality and well-being that takes into consideration how
adverse life experiences may potentially influence a person's
well-being and decision making.
(d) Beginning no later than July 1, 2023, a school
district shall provide inclusive, medically accurate, and
complete, age and developmentally appropriate, and culturally
appropriate comprehensive personal health and safety education
in kindergarten through the 12th grade in all public schools.
(e) Comprehensive personal health and safety education
requirements for course materials and instruction under this
Section are as follows:
(1) Comprehensive personal health and safety 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, materials, and

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instruction that are inclusive and address the
experiences and needs of all youth in the school.
(D) Be accessible to students with disabilities,
which may include the use of a modified curriculum,
materials, instruction in alternative formats,
assistive technology, and auxiliary aids.
(E) Allow instructors to answer questions
initiated by a student that are related to and
consistent with the material of the course.
(F) Include affirmative and health-positive
examples of diverse family structures, races,
ethnicities, genders, sexual orientations, gender
identities, gender expressions, disabilities, and
cultures.
(G) Create a safe, inclusive, and culturally
appropriate environment for all students to learn
about and discuss personal health and healthy
relationships.
(H) Help students develop self-advocacy skills for
effective communication with parents or guardians,
health and social service professionals, other trusted
adults, and peers about sexual health and
relationships.
(I) Provide information to help students develop
skills for preventing and dealing with interpersonal
violence, sexual violence, and human trafficking.

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(J) Provide information about local resources
where students can obtain additional information and
confidential services related to bullying,
interpersonal and sexual violence, suicide prevention,
sexual and reproductive health, sexual orientation,
gender identity, gender expression, and other related
issues.
(K) Comply with standards developed by the State
Board of Education.
(2) Comprehensive personal health and safety education
materials and instruction in shall not:
(A) use shame-based or stigmatizing language or
instructional tools;
(B) stigmatize parenting or sexually active youth;
(C) stigmatize or further victimize students
impacted by sexual violence;
(D) discriminate on the basis of sex, race,
ethnicity, national origin, disability, religion,
gender expression, gender identity, or sexual
orientation;
(E) exclude the health needs of individuals who
are intersex or individuals of diverse sexual
orientations, gender identities, or gender
expressions;
(F) employ gender stereotypes; or
(G) impose or promote any religious doctrine.

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(3) Comprehensive personal health and safety education
in the 3rd and 5th grades shall include age and
developmentally appropriate instruction on consent and how
to give and receive consent, including a discussion that
includes, but is not limited to, all of the following:
(A) Setting appropriate physical boundaries with
others.
(B) Respecting the physical boundaries of others.
(C) The right to refuse to engage in behaviors or
activities that are uncomfortable or unsafe.
(D) Dealing with unwanted physical contact.
(E) Helping a peer deal with unwanted physical
contact.
(4) Comprehensive personal health and safety education
in the 6th through 12th grades shall include age and
developmentally appropriate instruction on consent and how
to give and receive consent, including a discussion that
includes, but is not limited to, all of the following:
(A) That consent is a freely given agreement to
sexual activity.
(B) That consent to one particular sexual activity
does not constitute consent to other types of sexual
activities.
(C) That a person's lack of verbal or physical
resistance or submission resulting from the use or
threat of force does not constitute consent.

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(D) That a person's manner of dress does not
constitute consent.
(E) That a person's consent to past sexual
activity does not constitute consent to future sexual
activity.
(F) 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.
(G) That a person can withdraw consent at any
time.
(H) 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.
(I) The legal age of consent in Illinois.
(5) Beginning no later than July 1, 2023,
comprehensive personal health and safety education
instruction and materials, including materials provided or
presented by outside organizations, resource persons, or

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guest lecturers, may not conflict with the provisions of
this Section. A school may utilize guest lecturers or
resource persons to provide instruction or presentations
in accordance with Section 10-22.34b of this Code.
(f) By no later than March 31, 2023, the State Board of
Education shall post on its website comprehensive personal
health and safety 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
personal health and safety education offered to
pre-kindergarten students shall be age and developmentally
appropriate.
(g) School disclosure, parental requests, and notice are
as follows:
(1) It is the intent of the General Assembly to:
(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 personal
health and safety education; and
(C) recognize that although parents and guardians

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overwhelmingly support medically accurate and
complete, age and developmentally appropriate, and
culturally appropriate comprehensive personal health
and safety 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 a part of comprehensive
personal health and safety education and assessments
related to that education through a passive consent
process. A school district may not require active parental
consent for comprehensive personal health and safety
education.
(3) A school district shall annually post information
on its Internet website about any curricula used to
provide comprehensive personal health and safety
education, including:
(A) whether the instruction during the prior
school year was provided by a teacher in the school, an
outside organization, or a guest lecturer or resource
person;
(B) the number of students who received the
instruction during the prior school year;
(C) the number of students excused from
instruction pursuant to this subsection (g) during the
prior school year;

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(D) the duration of instruction, including the
number of hours of instruction per grade level during
the prior school year; and
(E) the name and contact information, including an
email address, of school personnel who can respond to
inquiries and comments about the instruction and
materials.
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 the
instruction planned for the coming school year about
comprehensive personal health and safety 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 personal health and safety education,
including materials used by an outside organization,
guest lecturer, or resource person, are available for
inspection both to the parent or guardian and to the
public.
(B) Advise the parent or guardian whether the
comprehensive personal health and safety education
will be taught by school district personnel or by an
outside organization, guest lecturer, or resource
person. If comprehensive personal health and safety
education is to be taught by an outside organization,
guest lecturer, or resource person, the notice shall
include the date of the instruction, the name of the
organization or the affiliation of each guest speaker
or resource person, 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 personal health and safety education and

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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
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.
(F) Identify the name and contact information,
including an email address, of school personnel who
can respond to inquiries and comments about the course
instruction and materials.
(h) A school district may collaborate with a local public
health department to identify and designate a qualified
employee of the local public health department as the school
district's point of contact for the purposes of responding to
inquiries and comments about course instruction and materials
under this Section.
(i) On or before December 31, 2022, the State Board of
Education, in consultation with youth, parents, sexual and
interpersonal violence prevention experts, health care
providers, social workers, and advocates and education
practitioners, including, but not limited to, administrators,

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regional superintendents of schools, teachers, and school
support personnel, shall develop and adopt rigorous learning
standards in the area of comprehensive personal health and
safety education, including, but not limited to:
(1) national standards developed by Advocates for
Youth, Answer, and the Sexuality Information and Education
Council of the United States (SIECUS);
(2) standards for instruction on positive body image
and positive sexuality, including that there is a range of
healthy sexual behaviors that are affirming and
pleasurable;
(3) standards for instruction on the safe use of
social media, dating or relationship websites or
applications, and sexting;
(4) standards for instruction on the sex equity policy
of the school or education system, the process for making
a complaint, the grievance procedure, and the school
official who is designated as the school's Title IX
coordinator;
(5) standards for instruction pursuant to Section
10-23.13 of this Code; and
(6) standards for instruction on mandated reporting of
abused and neglected children as required by the Abused
and Neglected Child Reporting Act.
(j) The State Board of Education shall adopt rules to
implement, administer, and ensure compliance with this

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Section.
(105 ILCS 5/27A-5)
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

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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 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

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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 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

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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
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

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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
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;

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(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;
(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) the (16) The Seizure Smart School Act; .
(18) Section 27-9.1a of this Code; and
(19) Section 34-18.8 of this Code.
The change made by Public Act 96-104 to this subsection

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(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 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

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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
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 8-4-20.)
(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, school social workers, and other
school personnel who work with pupils shall may be trained to
have a basic knowledge of matters relating to human

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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.)
(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 99. Effective date. This Act takes effect upon
becoming law.".