Bill Text: IL HB5394 | 2023-2024 | 103rd General Assembly | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Critical Health Problems and Comprehensive Health Education Act. Provides that no later than 30 days after the first day of each school year, the school board of each public elementary and secondary school in the State shall provide all teachers, administrators, and other school personnel, as determined by school officials, with information regarding emergency procedures and techniques, including, without limitation, the Heimlich maneuver, hands-only cardiopulmonary resuscitation, and use of the school district's automated external defibrillator, and identify the cardiac emergency response team (instead of providing that the school board of each public elementary and secondary school in the State shall encourage all teachers and other school personnel to acquire, develop, and maintain the knowledge and skills necessary to properly administer life-saving techniques, including, without limitation, the Heimlich maneuver and rescue breathing). Makes related changes. Provides that the annual review shall include reviewing procedures regarding the school district's cardiac emergency response plan. Amends the School Safety Drill Act. Provides that school districts and private schools shall develop a cardiac emergency response plan in place in accordance with guidelines set forth by either the American Heart Association or other nationally recognized, evidence-based standards that addresses the appropriate response to incidents involving an individual experiencing sudden cardiac arrest or a similar life-threatening emergency while at a school or at a school-sponsored activity or event. Requires the plan to be distributed to all teachers, administrators, school support personnel, coaches, and other school staff identified by school administrators at each school. Sets forth what shall be included in the cardiac emergency response plan.

Spectrum: Moderate Partisan Bill (Democrat 17-3)

Status: (Passed) 2024-07-01 - Effective Date January 1, 2025 [HB5394 Detail]

Download: Illinois-2023-HB5394-Engrossed.html

HB5394 EngrossedLRB103 39286 RJT 69440 b
1 AN ACT concerning education.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Critical Health Problems and Comprehensive
5Health Education Act is amended by changing Section 3 as
6follows:
7 (105 ILCS 110/3)
8 Sec. 3. Comprehensive Health Education Program. The
9program established under this Act shall include, but not be
10limited to, the following major educational areas as a basis
11for curricula in all elementary and secondary schools in this
12State: human ecology and health; human growth and development;
13the emotional, psychological, physiological, hygienic, and
14social responsibilities of family life, including sexual
15abstinence until marriage; the prevention and control of
16disease, including instruction in grades 6 through 12 on the
17prevention, transmission, and spread of AIDS; age-appropriate
18sexual abuse and assault awareness and prevention education in
19grades pre-kindergarten through 12; public and environmental
20health; consumer health; safety education and disaster
21survival; mental health and illness; personal health habits;
22alcohol and drug use and abuse, including the medical and
23legal ramifications of alcohol, drug, and tobacco use; abuse

HB5394 Engrossed- 2 -LRB103 39286 RJT 69440 b
1during pregnancy; evidence-based and medically accurate
2information regarding sexual abstinence; tobacco and
3e-cigarettes and other vapor devices; nutrition; and dental
4health. The instruction on mental health and illness must
5evaluate the multiple dimensions of health by reviewing the
6relationship between physical and mental health so as to
7enhance student understanding, attitudes, and behaviors that
8promote health, well-being, and human dignity and must include
9how and where to find mental health resources and specialized
10treatment in the State. The program shall also provide course
11material and instruction to advise pupils of the Abandoned
12Newborn Infant Protection Act. The program shall include
13information about cancer, including, without limitation, types
14of cancer, signs and symptoms, risk factors, the importance of
15early prevention and detection, and information on where to go
16for help. Notwithstanding the above educational areas, the
17following areas may also be included as a basis for curricula
18in all elementary and secondary schools in this State: basic
19first aid (including, but not limited to, cardiopulmonary
20resuscitation and the Heimlich maneuver), heart disease,
21diabetes, stroke, the prevention of child abuse, neglect, and
22suicide, and teen dating violence in grades 7 through 12.
23Beginning with the 2014-2015 school year, training on how to
24properly administer cardiopulmonary resuscitation (which
25training must be in accordance with standards of the American
26Red Cross, the American Heart Association, or another

HB5394 Engrossed- 3 -LRB103 39286 RJT 69440 b
1nationally recognized certifying organization) and how to use
2an automated external defibrillator shall be included as a
3basis for curricula in all secondary schools in this State.
4 Beginning with the 2024-2025 school year in grades 9
5through 12, the program shall include instruction, study, and
6discussion on the dangers of allergies. Information for the
7instruction, study, and discussion shall come from information
8provided by the Department of Public Health and the federal
9Centers for Disease Control and Prevention. This instruction,
10study, and discussion shall include, at a minimum:
11 (1) recognizing the signs and symptoms of an allergic
12 reaction, including anaphylaxis;
13 (2) the steps to take to prevent exposure to
14 allergens; and
15 (3) safe emergency epinephrine administration.
16 No later than 30 days after the first day of each school
17year, the The school board of each public elementary and
18secondary school in the State shall provide encourage all
19teachers, administrators, and other school personnel, as
20determined by school officials, with information regarding
21emergency procedures and to acquire, develop, and maintain the
22knowledge and skills necessary to properly administer
23life-saving techniques, including, without limitation, the
24Heimlich maneuver, hands-only cardiopulmonary resuscitation,
25and use of the school district's automatic external
26defibrillator, and identify the cardiac emergency response

HB5394 Engrossed- 4 -LRB103 39286 RJT 69440 b
1team and rescue breathing. The information training shall be
2in accordance with standards of the American Red Cross, the
3American Heart Association, or another nationally recognized
4certifying organization. A school board may use the services
5of non-governmental entities whose personnel have expertise in
6life-saving techniques to instruct teachers, administrators,
7and other school personnel in these techniques. Each school
8board is encouraged to have in its employ, or on its volunteer
9staff, at least one person who is certified, by the American
10Red Cross or by another qualified certifying agency, as
11qualified to administer first aid and cardiopulmonary
12resuscitation. In addition, each school board is authorized to
13allocate appropriate portions of its institute or inservice
14days to conduct training programs for teachers and other
15school personnel who have expressed an interest in becoming
16certified qualified to administer emergency first aid or
17cardiopulmonary resuscitation. School boards are urged to
18encourage their teachers and other school personnel who coach
19school athletic programs and other extracurricular school
20activities to acquire, develop, and maintain the knowledge and
21skills necessary to properly administer first aid and
22cardiopulmonary resuscitation in accordance with standards and
23requirements established by the American Red Cross or another
24qualified certifying agency. Subject to appropriation, the
25State Board of Education shall establish and administer a
26matching grant program to pay for half of the cost that a

HB5394 Engrossed- 5 -LRB103 39286 RJT 69440 b
1school district incurs in training those teachers and other
2school personnel who express an interest in becoming qualified
3to administer first aid or cardiopulmonary resuscitation
4(which training must be in accordance with standards of the
5American Red Cross, the American Heart Association, or another
6nationally recognized certifying organization) or in learning
7how to use an automated external defibrillator. A school
8district that applies for a grant must demonstrate that it has
9funds to pay half of the cost of the training for which
10matching grant money is sought. The State Board of Education
11shall award the grants on a first-come, first-serve basis.
12 No pupil shall be required to take or participate in any
13class or course on AIDS or family life instruction or to
14receive training on how to properly administer cardiopulmonary
15resuscitation or how to use an automated external
16defibrillator if his or her parent or guardian submits written
17objection thereto, and refusal to take or participate in the
18course or program or the training shall not be reason for
19suspension or expulsion of the pupil.
20 Curricula developed under programs established in
21accordance with this Act in the major educational area of
22alcohol and drug use and abuse shall include classroom
23instruction in grades 5 through 12. The instruction, which
24shall include matters relating to both the physical and legal
25effects and ramifications of drug and substance abuse, shall
26be integrated into existing curricula; and the State Board of

HB5394 Engrossed- 6 -LRB103 39286 RJT 69440 b
1Education shall develop and make available to all elementary
2and secondary schools in this State instructional materials
3and guidelines which will assist the schools in incorporating
4the instruction into their existing curricula. In addition,
5school districts may offer, as part of existing curricula
6during the school day or as part of an after-school after
7school program, support services and instruction for pupils or
8pupils whose parent, parents, or guardians are chemically
9dependent. Curricula developed under programs established in
10accordance with this Act in the major educational area of
11alcohol and drug use and abuse shall include the instruction,
12study, and discussion required under subsection (c) of Section
1327-13.2 of the School Code.
14(Source: P.A. 102-464, eff. 8-20-21; 102-558, eff. 8-20-21;
15102-1034, eff. 1-1-23; 103-212, eff. 1-1-24; 103-365, eff.
161-1-24; revised 12-12-23.)
17 Section 10. The School Safety Drill Act is amended by
18changing Section 25 and by adding Section 60 as follows:
19 (105 ILCS 128/25)
20 Sec. 25. Annual review.
21 (a) Each public school district, through its school board
22or the board's designee, shall conduct a minimum of one annual
23meeting at which it will review each school building's
24emergency and crisis response plans, protocols, and

HB5394 Engrossed- 7 -LRB103 39286 RJT 69440 b
1procedures, including procedures regarding the school
2district's threat assessment team, procedures regarding the
3school district's cardiac emergency response plan, the
4efficacy and effects of law enforcement drills, and each
5building's compliance with the school safety drill programs.
6The purpose of this annual review shall be to review and update
7the emergency and crisis response plans, protocols, and
8procedures and the school safety drill programs of the
9district and each of its school buildings. This review must be
10at no cost to the school district. In updating a school
11building's emergency and crisis response plans, consideration
12may be given to making the emergency and crisis response plans
13available to first responders, administrators, and teachers
14for implementation and utilization through the use of
15electronic applications on electronic devices, including, but
16not limited to, smartphones, tablets, and laptop computers.
17 (b) Each school board or the board's designee is required
18to participate in the annual review and to invite each of the
19following parties to the annual review and provide each party
20with a minimum of 30 days' notice before the date of the annual
21review:
22 (1) The principal of each school within the school
23 district or his or her official designee.
24 (2) Representatives from any other education-related
25 organization or association deemed appropriate by the
26 school district.

HB5394 Engrossed- 8 -LRB103 39286 RJT 69440 b
1 (3) Representatives from all local first responder
2 organizations to participate, advise, and consult in the
3 review process, including, but not limited to:
4 (A) the appropriate local fire department or
5 district;
6 (B) the appropriate local law enforcement agency;
7 (C) the appropriate local emergency medical
8 services agency if the agency is a separate, local
9 first responder unit; and
10 (D) any other member of the first responder or
11 emergency management community that has contacted the
12 district superintendent or his or her designee during
13 the past year to request involvement in a school's
14 emergency planning or drill process.
15 (4) The school board or its designee may also choose
16 to invite to the annual review any other persons whom it
17 believes will aid in the review process, including, but
18 not limited to, any members of any other education-related
19 organization or the first responder or emergency
20 management community.
21 (c) Upon the conclusion of the annual review, the school
22board or the board's designee shall sign a one page report,
23which may be in either a check-off format or a narrative
24format, that does the following:
25 (1) summarizes the review's recommended changes to the
26 existing school safety plans and drill plans;

HB5394 Engrossed- 9 -LRB103 39286 RJT 69440 b
1 (2) lists the parties that participated in the annual
2 review, and includes the annual review's attendance
3 record;
4 (3) certifies that an effective review of the
5 emergency and crisis response plans, protocols, and
6 procedures and the school safety drill programs of the
7 district and each of its school buildings has occurred;
8 (4) states that the school district will implement
9 those plans, protocols, procedures, and programs, during
10 the academic year; and
11 (5) includes the authorization of the school board or
12 the board's designee.
13 (d) The school board or its designee shall send a copy of
14the report to each party that participates in the annual
15review process and to the appropriate regional superintendent
16of schools. If any of the participating parties have comments
17on the certification document, those parties shall submit
18their comments in writing to the appropriate regional
19superintendent. The regional superintendent shall maintain a
20record of these comments. The certification document may be in
21a check-off format or narrative format, at the discretion of
22the district superintendent.
23 (e) The review must occur at least once during the fiscal
24year, at a specific time chosen at the school district
25superintendent's discretion.
26 (f) A private school shall conduct a minimum of one annual

HB5394 Engrossed- 10 -LRB103 39286 RJT 69440 b
1meeting at which the school must review each school building's
2emergency and crisis response plans, protocols, and
3procedures, including procedures regarding the school's
4cardiac emergency response plan, and each building's
5compliance with the school safety drill programs of the
6school. The purpose of this annual review shall be to review
7and update the emergency and crisis response plans, protocols,
8and procedures and the school safety drill programs of the
9school. This review must be at no cost to the private school.
10 The private school shall invite representatives from all
11local first responder organizations to participate, advise,
12and consult in the review process, including, but not limited
13to, the following:
14 (1) the appropriate local fire department or fire
15 protection district;
16 (2) the appropriate local law enforcement agency;
17 (3) the appropriate local emergency medical services
18 agency if the agency is a separate, local first responder
19 unit; and
20 (4) any other member of the first responder or
21 emergency management community that has contacted the
22 school's chief administrative officer or his or her
23 designee during the past year to request involvement in
24 the school's emergency planning or drill process.
25(Source: P.A. 101-455, eff. 8-23-19; 102-395, eff. 8-16-21.)

HB5394 Engrossed- 11 -LRB103 39286 RJT 69440 b
1 (105 ILCS 128/60 new)
2 Sec. 60. Cardiac emergency response plan.
3 (a) A school district and a private school shall develop a
4cardiac emergency response plan in place in accordance with
5guidelines set forth by either the American Heart Association
6or other nationally recognized, evidence-based standards that
7addresses the appropriate response to incidents involving an
8individual experiencing sudden cardiac arrest or a similar
9life-threatening emergency while at a school or at a
10school-sponsored activity or event. The plan must be
11distributed to all teachers, administrators, school support
12personnel, coaches, and other school staff identified by
13school administrators at each school.
14 (b) A cardiac emergency response plan shall include, but
15is not limited to, the following:
16 (1) Procedures to follow in the event of a cardiac
17 emergency at a school.
18 (2) A listing of every automatic external
19 defibrillator that is present and clearly marked or easily
20 accessible at school athletic venues and events and at
21 school and the maintenance schedule for the automatic
22 external defibrillator. The automatic external
23 defibrillators shall be installed in accordance with the
24 Physical Fitness Facility Medical Emergency Preparedness
25 Act, guidelines from the American Heart Association, or
26 other nationally recognized guidelines focused on

HB5394 Engrossed- 12 -LRB103 39286 RJT 69440 b
feedback