Bill Text: IL HB5494 | 2021-2022 | 102nd General Assembly | Introduced

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Bill Title: Amends the School Code. Provides that school districts may not include certain concepts as part of a course, or allow teachers or other employees of the school district to use supplemental instructional materials that include or promote certain concepts. Provides for a complaint method and cause of action for violations. Sets forth provisions regarding notice, developing a complaint form, ways to determine if there is a valid complaint, and penalties. Provides that if a school district uses a third-party vendor in providing a personal analysis, evaluation, or survey that reveals or attempts to affect a student's attitudes, habits, traits, opinions, beliefs, or feelings, the third-party vendor and the school district may not collect or maintain the responses to or results of the analysis, evaluation, or survey in a manner that would identify the responses or results of an individual student. Makes changes concerning courses in patriotism and principles of representative government education. Makes changes regarding courses in comprehensive personal health and safety and comprehensive sexual health education. Provides that the data on complaints shall be placed on the school's report card. Makes other changes. Effective immediately.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2022-02-18 - Rule 19(a) / Re-referred to Rules Committee [HB5494 Detail]

Download: Illinois-2021-HB5494-Introduced.html

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102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 HB5494 Introduced , by Rep. Tom Weber SYNOPSIS AS INTRODUCED:
105 ILCS 5/10-17a from Ch. 122, par. 10-17a
105 ILCS 5/10-20.83 new
105 ILCS 5/10-20.84 new
105 ILCS 5/21B-75
105 ILCS 5/27-3 from Ch. 122, par. 27-3
105 ILCS 5/27-9.1a
Amends the School Code. Provides that school districts may not include certain concepts as part of a course, or allow teachers or other employees of the school district to use supplemental instructional materials that include or promote certain concepts. Provides for a complaint method and cause of action for violations. Sets forth provisions regarding notice, developing a complaint form, ways to determine if there is a valid complaint, and penalties. Provides that if a school district uses a third-party vendor in providing a personal analysis, evaluation, or survey that reveals or attempts to affect a student's attitudes, habits, traits, opinions, beliefs, or feelings, the third-party vendor and the school district may not collect or maintain the responses to or results of the analysis, evaluation, or survey in a manner that would identify the responses or results of an individual student. Makes changes concerning courses in patriotism and principles of representative government education. Makes changes regarding courses in comprehensive personal health and safety and comprehensive sexual health education. Provides that the data on complaints shall be placed on the school's report card. Makes other changes. Effective immediately.
LRB102 24873 CMG 34122 b
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY
A BILL FOR
HB5494 LRB102 24873 CMG 34122 b
AN ACT concerning education.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The School Code is amended by changing Sections
10-17a, 21B-75, 27-3, and 27-9.1a and by adding Sections
10-20.83 and 10-20.84 as follows:
(105 ILCS 5/10-17a) (from Ch. 122, par. 10-17a)
(Text of Section before amendment by P.A. 102-594)
Sec. 10-17a. State, school district, and school report
cards.
(1) By October 31, 2013 and October 31 of each subsequent
school year, the State Board of Education, through the State
Superintendent of Education, shall prepare a State report
card, school district report cards, and school report cards,
and shall by the most economical economic means provide to
each school district in this State, including special charter
districts and districts subject to the provisions of Article
34, the report cards for the school district and each of its
schools. Because of the impacts of the COVID-19 public health
emergency during school year 2020-2021, the State Board of
Education shall have until December 31, 2021 to prepare and
provide the report cards that would otherwise be due by
October 31, 2021. During a school year in which the Governor

HB5494 - 2 - LRB102 24873 CMG 34122 b
has declared a disaster due to a public health emergency
pursuant to Section 7 of the Illinois Emergency Management
Agency Act, the report cards for the school districts and each
of its schools shall be prepared by December 31.
(2) In addition to any information required by federal
law, the State Superintendent shall determine the indicators
and presentation of the school report card, which must
include, at a minimum, the most current data collected and
maintained by the State Board of Education related to the
following:
(A) school characteristics and student demographics,
including average class size, average teaching experience,
student racial/ethnic breakdown, and the percentage of
students classified as low-income; the percentage of
students classified as English learners, the number of
students who graduate from a bilingual or English learner
program, and the number of students who graduate from,
transfer from, or otherwise leave bilingual programs; the
percentage of students who have individualized education
plans or 504 plans that provide for special education
services; the number and percentage of all students who
have been assessed for placement in a gifted education or
advanced academic program and, of those students: (i) the
racial and ethnic breakdown, (ii) the percentage who are
classified as low-income, and (iii) the number and
percentage of students who received direct instruction

HB5494 - 3 - LRB102 24873 CMG 34122 b
from a teacher who holds a gifted education endorsement
and, of those students, the percentage who are classified
as low-income; the percentage of students scoring at the
"exceeds expectations" level on the assessments required
under Section 2-3.64a-5 of this Code; the percentage of
students who annually transferred in or out of the school
district; average daily attendance; the per-pupil
operating expenditure of the school district; and the
per-pupil State average operating expenditure for the
district type (elementary, high school, or unit);
(B) curriculum information, including, where
applicable, Advanced Placement, International
Baccalaureate or equivalent courses, dual enrollment
courses, foreign language classes, computer science
courses, school personnel resources (including Career
Technical Education teachers), before and after school
programs, extracurricular activities, subjects in which
elective classes are offered, health and wellness
initiatives (including the average number of days of
Physical Education per week per student), approved
programs of study, awards received, community
partnerships, and special programs such as programming for
the gifted and talented, students with disabilities, and
work-study students;
(C) student outcomes, including, where applicable, the
percentage of students deemed proficient on assessments of

HB5494 - 4 - LRB102 24873 CMG 34122 b
State standards, the percentage of students in the eighth
grade who pass Algebra, the percentage of students who
participated in workplace learning experiences, the
percentage of students enrolled in post-secondary
institutions (including colleges, universities, community
colleges, trade/vocational schools, and training programs
leading to career certification within 2 semesters of high
school graduation), the percentage of students graduating
from high school who are college and career ready, and the
percentage of graduates enrolled in community colleges,
colleges, and universities who are in one or more courses
that the community college, college, or university
identifies as a developmental course;
(D) student progress, including, where applicable, the
percentage of students in the ninth grade who have earned
5 credits or more without failing more than one core
class, a measure of students entering kindergarten ready
to learn, a measure of growth, and the percentage of
students who enter high school on track for college and
career readiness;
(E) the school environment, including, where
applicable, high school dropout rate by grade level, the
percentage of students with less than 10 absences in a
school year, the percentage of teachers with less than 10
absences in a school year for reasons other than
professional development, leaves taken pursuant to the

HB5494 - 5 - LRB102 24873 CMG 34122 b
federal Family Medical Leave Act of 1993, long-term
disability, or parental leaves, the 3-year average of the
percentage of teachers returning to the school from the
previous year, the number of different principals at the
school in the last 6 years, the number of teachers who hold
a gifted education endorsement, the process and criteria
used by the district to determine whether a student is
eligible for participation in a gifted education program
or advanced academic program and the manner in which
parents and guardians are made aware of the process and
criteria, 2 or more indicators from any school climate
survey selected or approved by the State and administered
pursuant to Section 2-3.153 of this Code, with the same or
similar indicators included on school report cards for all
surveys selected or approved by the State pursuant to
Section 2-3.153 of this Code, the combined percentage of
teachers rated as proficient or excellent in their most
recent evaluation, and, beginning with the 2022-2023
school year, data on the number of incidents of violence
that occurred on school grounds or during school-related
activities and that resulted in an out-of-school
suspension, expulsion, or removal to an alternative
setting, as reported pursuant to Section 2-3.162;
(F) a school district's and its individual schools'
balanced accountability measure, in accordance with
Section 2-3.25a of this Code;

HB5494 - 6 - LRB102 24873 CMG 34122 b
(G) the total and per pupil normal cost amount the
State contributed to the Teachers' Retirement System of
the State of Illinois in the prior fiscal year for the
school's employees, which shall be reported to the State
Board of Education by the Teachers' Retirement System of
the State of Illinois;
(H) for a school district organized under Article 34
of this Code only, State contributions to the Public
School Teachers' Pension and Retirement Fund of Chicago
and State contributions for health care for employees of
that school district;
(I) a school district's Final Percent of Adequacy, as
defined in paragraph (4) of subsection (f) of Section
18-8.15 of this Code;
(J) a school district's Local Capacity Target, as
defined in paragraph (2) of subsection (c) of Section
18-8.15 of this Code, displayed as a percentage amount;
(K) a school district's Real Receipts, as defined in
paragraph (1) of subsection (d) of Section 18-8.15 of this
Code, divided by a school district's Adequacy Target, as
defined in paragraph (1) of subsection (b) of Section
18-8.15 of this Code, displayed as a percentage amount;
(L) a school district's administrative costs;
(M) whether or not the school has participated in the
Illinois Youth Survey. In this paragraph (M), "Illinois
Youth Survey" means a self-report survey, administered in

HB5494 - 7 - LRB102 24873 CMG 34122 b
school settings every 2 years, designed to gather
information about health and social indicators, including
substance abuse patterns and the attitudes of students in
grades 8, 10, and 12; and
(N) whether the school offered its students career and
technical education opportunities; .
(O) the number of complaints filed with a school board
under Section 10-20.83 of this Code, including complaints
that were dismissed or investigated, the number of
complaints that were filed in which no violation was found
to have occurred, and the number of complaints that were
investigated and a violation was found to have occurred;
the number of disciplinary actions, other than
termination, that resulted from the findings of a
violation, the number of disciplinary actions that
resulted in termination resulting from a finding of a
violation, and the number of school employees that
resigned as a result of a finding that a violation
occurred.
The school report card shall also provide information that
allows for comparing the current outcome, progress, and
environment data to the State average, to the school data from
the past 5 years, and to the outcomes, progress, and
environment of similar schools based on the type of school and
enrollment of low-income students, special education students,
and English learners.

HB5494 - 8 - LRB102 24873 CMG 34122 b
As used in this subsection (2):
"Administrative costs" means costs associated with
executive, administrative, or managerial functions within the
school district that involve planning, organizing, managing,
or directing the school district.
"Advanced academic program" means a course of study to
which students are assigned based on advanced cognitive
ability or advanced academic achievement compared to local age
peers and in which the curriculum is substantially
differentiated from the general curriculum to provide
appropriate challenge and pace.
"Computer science" means the study of computers and
algorithms, including their principles, their hardware and
software designs, their implementation, and their impact on
society. "Computer science" does not include the study of
everyday uses of computers and computer applications, such as
keyboarding or accessing the Internet.
"Gifted education" means educational services, including
differentiated curricula and instructional methods, designed
to meet the needs of gifted children as defined in Article 14A
of this Code.
For the purposes of paragraph (A) of this subsection (2),
"average daily attendance" means the average of the actual
number of attendance days during the previous school year for
any enrolled student who is subject to compulsory attendance
by Section 26-1 of this Code at each school and charter school.

HB5494 - 9 - LRB102 24873 CMG 34122 b
(3) At the discretion of the State Superintendent, the
school district report card shall include a subset of the
information identified in paragraphs (A) through (E) of
subsection (2) of this Section, as well as information
relating to the operating expense per pupil and other finances
of the school district, and the State report card shall
include a subset of the information identified in paragraphs
(A) through (E) and paragraph (N) of subsection (2) of this
Section. The school district report card shall include the
average daily attendance, as that term is defined in
subsection (2) of this Section, of students who have
individualized education programs and students who have 504
plans that provide for special education services within the
school district.
(4) Notwithstanding anything to the contrary in this
Section, in consultation with key education stakeholders, the
State Superintendent shall at any time have the discretion to
amend or update any and all metrics on the school, district, or
State report card.
(5) Annually, no more than 30 calendar days after receipt
of the school district and school report cards from the State
Superintendent of Education, each school district, including
special charter districts and districts subject to the
provisions of Article 34, shall present such report cards at a
regular school board meeting subject to applicable notice
requirements, post the report cards on the school district's

HB5494 - 10 - LRB102 24873 CMG 34122 b
Internet web site, if the district maintains an Internet web
site, make the report cards available to a newspaper of
general circulation serving the district, and, upon request,
send the report cards home to a parent (unless the district
does not maintain an Internet web site, in which case the
report card shall be sent home to parents without request). If
the district posts the report card on its Internet web site,
the district shall send a written notice home to parents
stating (i) that the report card is available on the web site,
(ii) the address of the web site, (iii) that a printed copy of
the report card will be sent to parents upon request, and (iv)
the telephone number that parents may call to request a
printed copy of the report card.
(6) Nothing contained in Public Act 98-648 repeals,
supersedes, invalidates, or nullifies final decisions in
lawsuits pending on July 1, 2014 (the effective date of Public
Act 98-648) in Illinois courts involving the interpretation of
Public Act 97-8.
(Source: P.A. 101-68, eff. 1-1-20; 101-81, eff. 7-12-19;
101-654, eff. 3-8-21; 102-16, eff. 6-17-21; 102-294, eff.
1-1-22; 102-539, eff. 8-20-21; 102-558, eff. 8-20-21; revised
10-18-21.)
(Text of Section after amendment by P.A. 102-594)
Sec. 10-17a. State, school district, and school report
cards.

HB5494 - 11 - LRB102 24873 CMG 34122 b
(1) By October 31, 2013 and October 31 of each subsequent
school year, the State Board of Education, through the State
Superintendent of Education, shall prepare a State report
card, school district report cards, and school report cards,
and shall by the most economical economic means provide to
each school district in this State, including special charter
districts and districts subject to the provisions of Article
34, the report cards for the school district and each of its
schools. Because of the impacts of the COVID-19 public health
emergency during school year 2020-2021, the State Board of
Education shall have until December 31, 2021 to prepare and
provide the report cards that would otherwise be due by
October 31, 2021. During a school year in which the Governor
has declared a disaster due to a public health emergency
pursuant to Section 7 of the Illinois Emergency Management
Agency Act, the report cards for the school districts and each
of its schools shall be prepared by December 31.
(2) In addition to any information required by federal
law, the State Superintendent shall determine the indicators
and presentation of the school report card, which must
include, at a minimum, the most current data collected and
maintained by the State Board of Education related to the
following:
(A) school characteristics and student demographics,
including average class size, average teaching experience,
student racial/ethnic breakdown, and the percentage of

HB5494 - 12 - LRB102 24873 CMG 34122 b
students classified as low-income; the percentage of
students classified as English learners, the number of
students who graduate from a bilingual or English learner
program, and the number of students who graduate from,
transfer from, or otherwise leave bilingual programs; the
percentage of students who have individualized education
plans or 504 plans that provide for special education
services; the number and percentage of all students who
have been assessed for placement in a gifted education or
advanced academic program and, of those students: (i) the
racial and ethnic breakdown, (ii) the percentage who are
classified as low-income, and (iii) the number and
percentage of students who received direct instruction
from a teacher who holds a gifted education endorsement
and, of those students, the percentage who are classified
as low-income; the percentage of students scoring at the
"exceeds expectations" level on the assessments required
under Section 2-3.64a-5 of this Code; the percentage of
students who annually transferred in or out of the school
district; average daily attendance; the per-pupil
operating expenditure of the school district; and the
per-pupil State average operating expenditure for the
district type (elementary, high school, or unit);
(B) curriculum information, including, where
applicable, Advanced Placement, International
Baccalaureate or equivalent courses, dual enrollment

HB5494 - 13 - LRB102 24873 CMG 34122 b
courses, foreign language classes, computer science
courses, school personnel resources (including Career
Technical Education teachers), before and after school
programs, extracurricular activities, subjects in which
elective classes are offered, health and wellness
initiatives (including the average number of days of
Physical Education per week per student), approved
programs of study, awards received, community
partnerships, and special programs such as programming for
the gifted and talented, students with disabilities, and
work-study students;
(C) student outcomes, including, where applicable, the
percentage of students deemed proficient on assessments of
State standards, the percentage of students in the eighth
grade who pass Algebra, the percentage of students who
participated in workplace learning experiences, the
percentage of students enrolled in post-secondary
institutions (including colleges, universities, community
colleges, trade/vocational schools, and training programs
leading to career certification within 2 semesters of high
school graduation), the percentage of students graduating
from high school who are college and career ready, and the
percentage of graduates enrolled in community colleges,
colleges, and universities who are in one or more courses
that the community college, college, or university
identifies as a developmental course;

HB5494 - 14 - LRB102 24873 CMG 34122 b
(D) student progress, including, where applicable, the
percentage of students in the ninth grade who have earned
5 credits or more without failing more than one core
class, a measure of students entering kindergarten ready
to learn, a measure of growth, and the percentage of
students who enter high school on track for college and
career readiness;
(E) the school environment, including, where
applicable, high school dropout rate by grade level, the
percentage of students with less than 10 absences in a
school year, the percentage of teachers with less than 10
absences in a school year for reasons other than
professional development, leaves taken pursuant to the
federal Family Medical Leave Act of 1993, long-term
disability, or parental leaves, the 3-year average of the
percentage of teachers returning to the school from the
previous year, the number of different principals at the
school in the last 6 years, the number of teachers who hold
a gifted education endorsement, the process and criteria
used by the district to determine whether a student is
eligible for participation in a gifted education program
or advanced academic program and the manner in which
parents and guardians are made aware of the process and
criteria, the number of teachers who are National Board
Certified Teachers, disaggregated by race and ethnicity, 2
or more indicators from any school climate survey selected

HB5494 - 15 - LRB102 24873 CMG 34122 b
or approved by the State and administered pursuant to
Section 2-3.153 of this Code, with the same or similar
indicators included on school report cards for all surveys
selected or approved by the State pursuant to Section
2-3.153 of this Code, the combined percentage of teachers
rated as proficient or excellent in their most recent
evaluation, and, beginning with the 2022-2023 school year,
data on the number of incidents of violence that occurred
on school grounds or during school-related activities and
that resulted in an out-of-school suspension, expulsion,
or removal to an alternative setting, as reported pursuant
to Section 2-3.162;
(F) a school district's and its individual schools'
balanced accountability measure, in accordance with
Section 2-3.25a of this Code;
(G) the total and per pupil normal cost amount the
State contributed to the Teachers' Retirement System of
the State of Illinois in the prior fiscal year for the
school's employees, which shall be reported to the State
Board of Education by the Teachers' Retirement System of
the State of Illinois;
(H) for a school district organized under Article 34
of this Code only, State contributions to the Public
School Teachers' Pension and Retirement Fund of Chicago
and State contributions for health care for employees of
that school district;

HB5494 - 16 - LRB102 24873 CMG 34122 b
(I) a school district's Final Percent of Adequacy, as
defined in paragraph (4) of subsection (f) of Section
18-8.15 of this Code;
(J) a school district's Local Capacity Target, as
defined in paragraph (2) of subsection (c) of Section
18-8.15 of this Code, displayed as a percentage amount;
(K) a school district's Real Receipts, as defined in
paragraph (1) of subsection (d) of Section 18-8.15 of this
Code, divided by a school district's Adequacy Target, as
defined in paragraph (1) of subsection (b) of Section
18-8.15 of this Code, displayed as a percentage amount;
(L) a school district's administrative costs;
(M) whether or not the school has participated in the
Illinois Youth Survey. In this paragraph (M), "Illinois
Youth Survey" means a self-report survey, administered in
school settings every 2 years, designed to gather
information about health and social indicators, including
substance abuse patterns and the attitudes of students in
grades 8, 10, and 12; and
(N) whether the school offered its students career and
technical education opportunities; and .
(O) The number of complaints filed with a school board
under Section 10-20.83 of this Code, including complaints
that were dismissed or investigated, the number of
complaints that were filed in which no violation was found
to have occurred, and the number of complaints that were

HB5494 - 17 - LRB102 24873 CMG 34122 b
investigated and a violation was found to have occurred;
the number of disciplinary actions, other than
termination, that resulted from the findings of a
violation, the number of disciplinary actions that
resulted in termination resulting from a finding of a
violation, and the number of school employees that
resigned as a result of a finding that a violation
occurred.
The school report card shall also provide information that
allows for comparing the current outcome, progress, and
environment data to the State average, to the school data from
the past 5 years, and to the outcomes, progress, and
environment of similar schools based on the type of school and
enrollment of low-income students, special education students,
and English learners.
As used in this subsection (2):
"Administrative costs" means costs associated with
executive, administrative, or managerial functions within the
school district that involve planning, organizing, managing,
or directing the school district.
"Advanced academic program" means a course of study to
which students are assigned based on advanced cognitive
ability or advanced academic achievement compared to local age
peers and in which the curriculum is substantially
differentiated from the general curriculum to provide
appropriate challenge and pace.

HB5494 - 18 - LRB102 24873 CMG 34122 b
"Computer science" means the study of computers and
algorithms, including their principles, their hardware and
software designs, their implementation, and their impact on
society. "Computer science" does not include the study of
everyday uses of computers and computer applications, such as
keyboarding or accessing the Internet.
"Gifted education" means educational services, including
differentiated curricula and instructional methods, designed
to meet the needs of gifted children as defined in Article 14A
of this Code.
For the purposes of paragraph (A) of this subsection (2),
"average daily attendance" means the average of the actual
number of attendance days during the previous school year for
any enrolled student who is subject to compulsory attendance
by Section 26-1 of this Code at each school and charter school.
(3) At the discretion of the State Superintendent, the
school district report card shall include a subset of the
information identified in paragraphs (A) through (E) of
subsection (2) of this Section, as well as information
relating to the operating expense per pupil and other finances
of the school district, and the State report card shall
include a subset of the information identified in paragraphs
(A) through (E) and paragraph (N) of subsection (2) of this
Section. The school district report card shall include the
average daily attendance, as that term is defined in
subsection (2) of this Section, of students who have

HB5494 - 19 - LRB102 24873 CMG 34122 b
individualized education programs and students who have 504
plans that provide for special education services within the
school district.
(4) Notwithstanding anything to the contrary in this
Section, in consultation with key education stakeholders, the
State Superintendent shall at any time have the discretion to
amend or update any and all metrics on the school, district, or
State report card.
(5) Annually, no more than 30 calendar days after receipt
of the school district and school report cards from the State
Superintendent of Education, each school district, including
special charter districts and districts subject to the
provisions of Article 34, shall present such report cards at a
regular school board meeting subject to applicable notice
requirements, post the report cards on the school district's
Internet web site, if the district maintains an Internet web
site, make the report cards available to a newspaper of
general circulation serving the district, and, upon request,
send the report cards home to a parent (unless the district
does not maintain an Internet web site, in which case the
report card shall be sent home to parents without request). If
the district posts the report card on its Internet web site,
the district shall send a written notice home to parents
stating (i) that the report card is available on the web site,
(ii) the address of the web site, (iii) that a printed copy of
the report card will be sent to parents upon request, and (iv)

HB5494 - 20 - LRB102 24873 CMG 34122 b
the telephone number that parents may call to request a
printed copy of the report card.
(6) Nothing contained in Public Act 98-648 repeals,
supersedes, invalidates, or nullifies final decisions in
lawsuits pending on July 1, 2014 (the effective date of Public
Act 98-648) in Illinois courts involving the interpretation of
Public Act 97-8.
(Source: P.A. 101-68, eff. 1-1-20; 101-81, eff. 7-12-19;
101-654, eff. 3-8-21; 102-16, eff. 6-17-21; 102-294, eff.
1-1-22; 102-539, eff. 8-20-21; 102-558, eff. 8-20-21; 102-594,
eff. 7-1-22; revised 10-18-21.)
(105 ILCS 5/10-20.83 new)
Sec. 10-20.83. Discrimination on the basis of race or sex
in the form of bias, stereotyping, scapegoating,
classification, or categorical assignment.
(a) Definitions. In this Section, "protected right
petitioner" means: (i) a parent or guardian, or emancipated
student; (ii) a school employee; (iii) a school board member;
(iv) a member or employee of the State Board; (v) the State
Superintendent of Education; or (vi) an individual who resides
within the attendance area of a school where the individual
intends to submit a complaint under subsection (h).
(b) It is the policy of the State to prohibit
discrimination on the basis of race or sex in the form of bias,
stereotyping, scapegoating, classification, or categorical

HB5494 - 21 - LRB102 24873 CMG 34122 b
assignment of traits, morals, values, or characteristics based
solely on race or sex. School districts are prohibited from
engaging in race-based or sex-based discriminatory acts by
using methods described in subsection (c) that results in
treating individuals differently on the basis of race or sex
or in the creation of a hostile environment.
(c) A school district may not include or promote the
following concepts as part of a course or allow teachers or
other employees of the school district to use supplemental
instructional materials that include or promote the following
concepts:
(1) One race or sex is inherently superior to another
race or sex.
(2) An individual, by virtue of the individual's race
or sex, is inherently privileged, racist, sexist, or
oppressive, whether consciously or subconsciously.
(3) An individual should be discriminated against or
receive adverse treatment because of the individual's race
or sex.
(4) Members of one race or sex cannot and should not
attempt to treat others without respect to race or sex.
(5) An individual's moral character is determined by
the individual's race or sex.
(6) An individual, by virtue of the individual's race
or sex, bears responsibility for actions committed in the
past by other members of the same race or sex.

HB5494 - 22 - LRB102 24873 CMG 34122 b
(7) An individual should feel discomfort, guilt, or
anguish or another form of psychological distress solely
because of the individual's race or sex.
(8) Meritocracy or traits such as hard work ethic are
racist or sexist, or designed by a particular race or sex
to oppress members of another race or sex.
(9) Illinois or the United States was founded as a
racist or sexist State or nation and is fundamentally or
irredeemably racist or sexist.
(d) Notwithstanding subsection (c), this Section does not
prohibit a school district from including, as part of a
course, or from allowing teachers or other employees of the
school district to use supplemental instructional materials
that provide the following:
(1) The history of an ethnic group.
(2) The impartial discussion of controversial aspects
of history.
(3) The impartial instruction on the historic
oppression of a particular group of people based on race,
ethnicity, class, nationality, religion, or geographic
region.
(4) Historical documents relevant to topics described
in paragraphs (1) through (3) in this subsection.
(e) Nothing in this Section shall be construed as to
prohibit the required collection or reporting of demographic
data by the school district.

HB5494 - 23 - LRB102 24873 CMG 34122 b
(f) A school district may not do the following:
(1) Provide, contract to provide, offer, or sponsor
any course that includes, incorporates, or is based on
concepts prohibited under this Section.
(2) Use money, property, assets, or resources for a
purpose that includes, incorporates, or is based on
concepts prohibited under this Section.
(3) Adopt programs or use curricular material,
instructional material, curriculum, classroom
assignments, orientation, interventions, or counseling
that include, incorporate, or are based on concepts under
this Section.
(4) Execute a contract or agreement with an internal
or external entity or person to provide services,
training, professional development, or any other
assistance that includes or incorporates concepts
prohibited under this Section.
(5) Receive or apply to receive money that requires,
as a condition of receipt of the money, the adoption of a
course, policy, curriculum, or any other instructional
material that includes, incorporates, or is based on
concepts prohibited under this Section.
(6) Adopting diversity, equity, or inclusion plans or
training for students or school employees that includes,
incorporates, or is based on concepts prohibited under
this Section.

HB5494 - 24 - LRB102 24873 CMG 34122 b
(7) Adopting policies, including grading or admissions
policies, or providing any other benefit or services that
applies to students or school employees differently on the
basis of race or sex. This includes segregated classes,
programs, training sessions, extracurricular activities,
or affinity groups.
(8) Allow any school employee to disseminate to any
minor any harmful material, as defined by Section 11-21 of
the Criminal Code of 2012, that would be deemed as harmful
to minors or knowingly and willfully violate any
provisions included in Section 11-21 of the Criminal Code
of 2012.
(g) The State Board may not do the following:
(1) Establish or mandate any State standard or adopt
any rule that includes, incorporates, or is based on
concepts prohibited under this Section.
(2) Provide resources that include, incorporate, or
are based on concepts prohibited under this Section. This
prohibition includes executing contracts or agreements
with an external entity or individual to provide services,
courses, or any other assistance that includes,
incorporates, or is based on concepts prohibited under
this Section.
(3) Receive or apply to receive money that requires,
as a condition of receipt of the money, the adoption of
programs, policies, curriculum, or any other learning

HB5494 - 25 - LRB102 24873 CMG 34122 b
material that includes, incorporates, or is based on
concepts prohibited under this Section.
(h) The State Board shall develop a complaint form to be
used by a protected right petitioner to file a complaint with a
school board for any violation of this Section. The complaint
form must contain the following minimum information:
(1) The date of the complaint.
(2) The date or dates that the alleged violation
occurred.
(3) A detailed description of the alleged violation.
(4) Information necessary to enable the school to
investigate the alleged violation.
(5) The option for the protected right petitioner to
provide the identification of witnesses the school board
may interview, if applicable.
The State Board shall maintain a copy of the complaint
form on the State Board's website. In addition, each school
district must maintain a link to the complaint form on the
school district's website, if the school district maintains
one.
(i) A protected right petitioner may file a complaint form
developed by the State Board with a school board alleging a
violation of this Section. The school board shall investigate
each complaint form to determine whether a violation occurred.
Each school board shall designate at least one employee to
respond to complaints under this Section. Each school district

HB5494 - 26 - LRB102 24873 CMG 34122 b
shall include contact information for the designated
individual on the school district's website, if the school
district maintains one, which shall include the following
information:
(1) name;
(2) address;
(3) telephone number; and
(4) electronic mail address.
Upon receipt of a complaint form, the school board shall
acknowledge receipt of the complaint form no later than three
business days following receipt of the complaint form. The
school board shall investigate the complaint within 10
business days of receipt of the complaint form and make
findings that shall be sent by mail to the protected right
petitioner. If the school board finds:
(1) that a violation occurred, then the findings must
include a description of how the school board will remedy
the violation; or
(2) that a violation did not occur, then the findings
must include an explanation of the school board's
findings.
The school board shall provide the protected right
petitioner notice of the protected right petitioner's right to
appeal and the deadline to appeal the findings with a copy of
the findings mailed to the protected right petitioner.
(j) A protected right petitioner may appeal a school

HB5494 - 27 - LRB102 24873 CMG 34122 b
board's findings if the protected right petitioner believes
that the school board has incorrectly refused to investigate a
complaint form or the protected right petitioner has evidence
that a school board has reached an incorrect determination.
The appeal must be submitted to the State Board by the
protected right petitioner no later than 30 days after the
date of the school board's findings and notice of the
protected right petitioner's right to appeal were mailed to
the protected right petitioner. The appeal must be submitted
to the State Board on a form prescribed by the State Board. The
form shall be available on the State Board's website and each
school district's website if a school district maintains one.
The State Board shall send notice to the school board of an
appeal submitted no later than 3 business days after receipt
of an appeal. The State Board shall then appoint an
administrative law judge and conduct adjudicative proceedings.
An administrative law judge shall issue a final order.
If an administrative law judge determines that the school
board committed a violation, the final order may do any of the
following:
(1) Require the school board to remedy the violation.
(2) Withhold evidence-based funding under Section
18-8.15 of the School Code from the school district.
(3) Recommend that the State Board revoke the school
district's recognition status.
(4) Suspend or revoke an educator license issued under

HB5494 - 28 - LRB102 24873 CMG 34122 b
Article 21B of the School Code.
(5) Include a recommendation for the Attorney General
to assess a civil penalty on the school board.
A school board shall comply with a final order issued by
the State Board. The State Board shall submit a copy of the
State Board's final order to the Attorney General no later
than 5 business days after the date the final order is issued.
Upon receipt, the Attorney General or his or her designee
shall review the findings of the State Board. The Attorney
General may request additional information from the school
board or the State Board necessary to review the findings and
final order. If, after conducting the review, the Attorney
General determines that a violation occurred, the Attorney
General may assess a civil penalty against the school board in
the following prescribed manner:
(1) For a first violation, at least $1,000 but less
than $5,000 for each student who is the subject of a
violation.
(2) For a second violation, at least $5,000 but less
than $10,000 for each student who is the subject of a
violation.
(3) For any subsequent violation, at least $10,000 for
each student who is the subject of a violation.
A civil penalty assessed shall be deposited into the
Common School Fund.
(k) A protected right petitioner may bring a civil action

HB5494 - 29 - LRB102 24873 CMG 34122 b
against a school board if the protected right petitioner is
the subject of a violation by the school board. A court may
award the following to a protected right petitioner who
prevails in a civil action under this subsection:
(1) Court costs and reasonable attorney's fees.
(2) The greater of:
(A) Actual damages resulting from the violation;
or
(B) Liquidated damages in an amount of $5,000.
(l) A school board may not take any retaliatory action
against any protected right petitioner, or any other person
related to or associated with the protected right petitioner.
(m) Nothing in this Section shall be construed as to
require a school board to disclose personal identifiable
information of a student.
(n) The State Board may adopt any rules necessary to
implement this Section.
(105 ILCS 5/10-20.84 new)
Sec. 10-20.84. Survey identification. If a school district
uses a third-party vendor in providing a personal analysis,
evaluation, or survey that reveals or attempts to affect a
student's attitudes, habits, traits, opinions, beliefs, or
feelings, the third-party vendor and the school district may
not collect or maintain the responses to or results of the
analysis, evaluation, or survey in a manner that would

HB5494 - 30 - LRB102 24873 CMG 34122 b
identify the responses or results of an individual student.
The school district shall post blank copies of each
questionnaire, study, and survey the third-party vendor is
using on the school district's website, if one is maintained,
at least 30 days before, and for a time period of no less than
one year, the questionnaire, study, or survey is distributed
to students to take.
(105 ILCS 5/21B-75)
Sec. 21B-75. Suspension or revocation of license,
endorsement, or approval.
(a) As used in this Section, "teacher" means any school
district employee regularly required to be licensed, as
provided in this Article, in order to teach or supervise in the
public schools.
(b) The State Superintendent of Education has the
exclusive authority, in accordance with this Section and any
rules adopted by the State Board of Education, in consultation
with the State Educator Preparation and Licensure Board, to
initiate the suspension of up to 5 calendar years or
revocation of any license, endorsement, or approval issued
pursuant to this Article for abuse or neglect of a child,
immorality, a condition of health detrimental to the welfare
of pupils, incompetency, unprofessional conduct (which
includes the failure to disclose on an employment application
any previous conviction for a sex offense, as defined in

HB5494 - 31 - LRB102 24873 CMG 34122 b
Section 21B-80 of this Code, or any other offense committed in
any other state or against the laws of the United States that,
if committed in this State, would be punishable as a sex
offense, as defined in Section 21B-80 of this Code), the
neglect of any professional duty, willful or negligent failure
to report an instance of suspected child abuse or neglect as
required by the Abused and Neglected Child Reporting Act,
willfully, knowingly, and without probable cause making a
false claim in a complaint filed under Section 10-20.83, or
other just cause. Negligent failure to report an instance of
suspected child abuse or neglect occurs when a teacher
personally observes an instance of suspected child abuse or
neglect and reasonably believes, in his or her professional or
official capacity, that the instance constitutes an act of
child abuse or neglect under the Abused and Neglected Child
Reporting Act, and he or she, without willful intent, fails to
immediately report or cause a report to be made of the
suspected abuse or neglect to the Department of Children and
Family Services, as required by the Abused and Neglected Child
Reporting Act. Unprofessional conduct shall include the
refusal to attend or participate in institutes, teachers'
meetings, or professional readings or to meet other reasonable
requirements of the regional superintendent of schools or
State Superintendent of Education. Unprofessional conduct also
includes conduct that violates the standards, ethics, or rules
applicable to the security, administration, monitoring, or

HB5494 - 32 - LRB102 24873 CMG 34122 b
scoring of or the reporting of scores from any assessment test
or examination administered under Section 2-3.64a-5 of this
Code or that is known or intended to produce or report
manipulated or artificial, rather than actual, assessment or
achievement results or gains from the administration of those
tests or examinations. Unprofessional conduct shall also
include neglect or unnecessary delay in the making of
statistical and other reports required by school officers.
Incompetency shall include, without limitation, 2 or more
school terms of service for which the license holder has
received an unsatisfactory rating on a performance evaluation
conducted pursuant to Article 24A of this Code within a period
of 7 school terms of service. In determining whether to
initiate action against one or more licenses based on
incompetency and the recommended sanction for such action, the
State Superintendent shall consider factors that include
without limitation all of the following:
(1) Whether the unsatisfactory evaluation ratings
occurred prior to June 13, 2011 (the effective date of
Public Act 97-8).
(2) Whether the unsatisfactory evaluation ratings
occurred prior to or after the implementation date, as
defined in Section 24A-2.5 of this Code, of an evaluation
system for teachers in a school district.
(3) Whether the evaluator or evaluators who performed
an unsatisfactory evaluation met the pre-licensure and

HB5494 - 33 - LRB102 24873 CMG 34122 b
training requirements set forth in Section 24A-3 of this
Code.
(4) The time between the unsatisfactory evaluation
ratings.
(5) The quality of the remediation plans associated
with the unsatisfactory evaluation ratings and whether the
license holder successfully completed the remediation
plans.
(6) Whether the unsatisfactory evaluation ratings were
related to the same or different assignments performed by
the license holder.
(7) Whether one or more of the unsatisfactory
evaluation ratings occurred in the first year of a
teaching or administrative assignment.
When initiating an action against one or more licenses, the
State Superintendent may seek required professional
development as a sanction in lieu of or in addition to
suspension or revocation. Any such required professional
development must be at the expense of the license holder, who
may use, if available and applicable to the requirements
established by administrative or court order, training,
coursework, or other professional development funds in
accordance with the terms of an applicable collective
bargaining agreement entered into after June 13, 2011 (the
effective date of Public Act 97-8), unless that agreement
specifically precludes use of funds for such purpose.

HB5494 - 34 - LRB102 24873 CMG 34122 b
(c) The State Superintendent of Education shall, upon
receipt of evidence of abuse or neglect of a child,
immorality, a condition of health detrimental to the welfare
of pupils, incompetency (subject to subsection (b) of this
Section), unprofessional conduct, the neglect of any
professional duty, or other just cause, further investigate
and, if and as appropriate, serve written notice to the
individual and afford the individual opportunity for a hearing
prior to suspension, revocation, or other sanction; provided
that the State Superintendent is under no obligation to
initiate such an investigation if the Department of Children
and Family Services is investigating the same or substantially
similar allegations and its child protective service unit has
not made its determination, as required under Section 7.12 of
the Abused and Neglected Child Reporting Act. If the State
Superintendent of Education does not receive from an
individual a request for a hearing within 10 days after the
individual receives notice, the suspension, revocation, or
other sanction shall immediately take effect in accordance
with the notice. If a hearing is requested within 10 days after
notice of an opportunity for hearing, it shall act as a stay of
proceedings until the State Educator Preparation and Licensure
Board issues a decision. Any hearing shall take place in the
educational service region where the educator is or was last
employed and in accordance with rules adopted by the State
Board of Education, in consultation with the State Educator

HB5494 - 35 - LRB102 24873 CMG 34122 b
Preparation and Licensure Board, and such rules shall include
without limitation provisions for discovery and the sharing of
information between parties prior to the hearing. The standard
of proof for any administrative hearing held pursuant to this
Section shall be by the preponderance of the evidence. The
decision of the State Educator Preparation and Licensure Board
is a final administrative decision and is subject to judicial
review by appeal of either party.
The State Board of Education may refuse to issue or may
suspend the license of any person who fails to file a return or
to pay the tax, penalty, or interest shown in a filed return or
to pay any final assessment of tax, penalty, or interest, as
required by any tax Act administered by the Department of
Revenue, until such time as the requirements of any such tax
Act are satisfied.
The exclusive authority of the State Superintendent of
Education to initiate suspension or revocation of a license
pursuant to this Section does not preclude a regional
superintendent of schools from cooperating with the State
Superintendent or a State's Attorney with respect to an
investigation of alleged misconduct.
(d) The State Superintendent of Education or his or her
designee may initiate and conduct such investigations as may
be reasonably necessary to establish the existence of any
alleged misconduct. At any stage of the investigation, the
State Superintendent may issue a subpoena requiring the

HB5494 - 36 - LRB102 24873 CMG 34122 b
attendance and testimony of a witness, including the license
holder, and the production of any evidence, including files,
records, correspondence, or documents, relating to any matter
in question in the investigation. The subpoena shall require a
witness to appear at the State Board of Education at a
specified date and time and shall specify any evidence to be
produced. The license holder is not entitled to be present,
but the State Superintendent shall provide the license holder
with a copy of any recorded testimony prior to a hearing under
this Section. Such recorded testimony must not be used as
evidence at a hearing, unless the license holder has adequate
notice of the testimony and the opportunity to cross-examine
the witness. Failure of a license holder to comply with a duly
issued, investigatory subpoena may be grounds for revocation,
suspension, or denial of a license.
(e) All correspondence, documentation, and other
information so received by the regional superintendent of
schools, the State Superintendent of Education, the State
Board of Education, or the State Educator Preparation and
Licensure Board under this Section is confidential and must
not be disclosed to third parties, except (i) as necessary for
the State Superintendent of Education or his or her designee
to investigate and prosecute pursuant to this Article, (ii)
pursuant to a court order, (iii) for disclosure to the license
holder or his or her representative, or (iv) as otherwise
required in this Article and provided that any such

HB5494 - 37 - LRB102 24873 CMG 34122 b
information admitted into evidence in a hearing is exempt from
this confidentiality and non-disclosure requirement.
(f) The State Superintendent of Education or a person
designated by him or her shall have the power to administer
oaths to witnesses at any hearing conducted before the State
Educator Preparation and Licensure Board pursuant to this
Section. The State Superintendent of Education or a person
designated by him or her is authorized to subpoena and bring
before the State Educator Preparation and Licensure Board any
person in this State and to take testimony either orally or by
deposition or by exhibit, with the same fees and mileage and in
the same manner as prescribed by law in judicial proceedings
in civil cases in circuit courts of this State.
(g) Any circuit court, upon the application of the State
Superintendent of Education or the license holder, may, by
order duly entered, require the attendance of witnesses and
the production of relevant books and papers as part of any
investigation or at any hearing the State Educator Preparation
and Licensure Board is authorized to conduct pursuant to this
Section, and the court may compel obedience to its orders by
proceedings for contempt.
(h) The State Board of Education shall receive an annual
line item appropriation to cover fees associated with the
investigation and prosecution of alleged educator misconduct
and hearings related thereto.
(Source: P.A. 101-531, eff. 8-23-19; 102-552, eff. 1-1-22.)

HB5494 - 38 - LRB102 24873 CMG 34122 b
(105 ILCS 5/27-3) (from Ch. 122, par. 27-3)
Sec. 27-3. Patriotism and principles of representative
government - Proper use of flag - Method of voting - Pledge of
Allegiance. American patriotism and the principles of
representative government, as enunciated in the American
Declaration of Independence, the Constitution of the United
States of America and the Constitution of the State of
Illinois, and the proper use and display of the American flag,
shall be taught in all public schools and other educational
institutions supported or maintained in whole or in part by
public funds. Students shall receive instruction that
socialism, Marxism, communism, totalitarianism, or similar
political systems are incompatible with and in conflict with
the principles of freedom upon which the United States was
founded. In addition, students must be instructed that if any
of these political systems were to replace the current form of
government, the government of the United States would be
overthrown and existing freedoms under the Constitution would
no longer exist. As such, socialism, Marxism, communism,
totalitarianism, or similar political systems are detrimental
to the people of the United States. No student shall receive a
certificate of graduation without passing a satisfactory
examination upon such subjects, which may be administered
remotely.
Instruction shall be given in all such schools and

HB5494 - 39 - LRB102 24873 CMG 34122 b
institutions in the method of voting at elections by means of
the Australian Ballot system and the method of the counting of
votes for candidates.
The Pledge of Allegiance shall be recited each school day
by pupils in elementary and secondary educational institutions
supported or maintained in whole or in part by public funds.
(Source: P.A. 101-643, eff. 6-18-20.)
(105 ILCS 5/27-9.1a)
Sec. 27-9.1a. Comprehensive personal health and safety and
comprehensive sexual health education.
(a) In this Section:
"Adapt" means to modify an evidence-based or
evidence-informed program model for use with a particular
demographic, ethnic, linguistic, or cultural group.
"Age and developmentally appropriate" means suitable to
particular ages or age groups of children and adolescents,
based on the developing cognitive, emotional, and behavioral
capacity typical for the age or age group.
"Characteristics of effective programs" includes
development, content, and implementation of such programs that
(i) have been shown to be effective in terms of increasing
knowledge, clarifying values and attitudes, increasing skills,
and impacting behavior, (ii) are widely recognized by leading
medical and public health agencies to be effective in changing
sexual behaviors that lead to sexually transmitted infections,

HB5494 - 40 - LRB102 24873 CMG 34122 b
including HIV, unintended pregnancy, interpersonal violence,
and sexual violence among young people, and (iii) are taught
by professionals who provide a safe learning space, free from
shame, stigma, and ideology and are trained in trauma-informed
teaching methodologies.
"Complete" means information that aligns with the National
Sex Education Standards, including information on consent and
healthy relationships, anatomy and physiology, puberty and
adolescent sexual development, gender identity and expression,
sexual orientation and identity, sexual health, and
interpersonal violence.
"Comprehensive personal health and safety education" means
age and developmentally appropriate education that aligns with
the National Sex Education Standards, including information on
consent and healthy relationships, anatomy and physiology,
puberty and adolescent sexual development, gender identity and
expression, sexual orientation and identity, sexual health,
and interpersonal violence.
"Comprehensive sexual health education" means age and
developmentally appropriate education that aligns with the
National Sex Education Standards, including information on
consent and healthy relationships, anatomy and physiology,
puberty and adolescent sexual development, gender identity and
expression, sexual orientation and identity, sexual health,
and interpersonal violence.
"Consent" means an affirmative, knowing, conscious,

HB5494 - 41 - LRB102 24873 CMG 34122 b
ongoing, and voluntary agreement to engage in interpersonal,
physical, or sexual activity, which can be revoked at any
point, including during the course of interpersonal, physical,
or sexual activity.
"Culturally appropriate" means affirming culturally
diverse individuals, families, and communities in an
inclusive, respectful, and effective manner, including
materials and instruction that are inclusive of race,
ethnicity, language, cultural background, immigration status,
religion, disability, gender, gender identity, gender
expression, sexual orientation, and sexual behavior.
"Evidence-based program" means a program for which
systematic, empirical research or evaluation has provided
evidence of effectiveness.
"Evidence-informed program" means a program that uses the
best available research and practice knowledge to guide
program design and implementation.
"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.
"Healthy relationships" means relationships between
individuals that consist of mutual respect, trust, honesty,
support, fairness, equity, separate identities, physical and
emotional safety, and good communication.
"Identity" means people's understanding of how they

HB5494 - 42 - LRB102 24873 CMG 34122 b
identify their sexual orientation, gender, gender identity, or
gender expression without stereotypes, shame, or stigma.
"Inclusive" means inclusion of marginalized communities
that include, but are not limited to, people of color,
immigrants, people of diverse sexual orientations, gender
identities, and gender expressions, people who are intersex,
people with disabilities, people who have experienced
interpersonal or sexual violence, and others.
"Interpersonal violence" means violent behavior used to
establish power and control over another person.
"Medically accurate" means verified or supported by the
weight of research conducted in compliance with accepted
scientific methods and published in peer-reviewed journals, if
applicable, or comprising information recognized as accurate
and objective.
"Pre-exposure Prophylaxis (PrEP)" means medications
approved by the federal Food and Drug Administration (FDA) and
recommended by the United States Public Health Service or the
federal Centers for Disease Control and Prevention for HIV
pre-exposure prophylaxis and related pre-exposure prophylaxis
services, including, but not limited to, HIV and sexually
transmitted infection screening, treatment for sexually
transmitted infections, medical monitoring, laboratory
services, and sexual health counseling, to reduce the
likelihood of HIV infection for individuals who are not living
with HIV but are vulnerable to HIV exposure.

HB5494 - 43 - LRB102 24873 CMG 34122 b
"Post-exposure Prophylaxis (PeP)" means the medications
that are recommended by the federal Centers for Disease
Control and Prevention and other public health authorities to
help prevent HIV infection after potential occupational or
non-occupational HIV exposure.
"Sexual violence" means discrimination, bullying,
harassment, including sexual harassment, sexual abuse, sexual
assault, intimate partner violence, incest, rape, and human
trafficking.
"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.
(b) All classes that teach comprehensive personal health
and safety and comprehensive sexual health education shall
satisfy the following criteria:
(1) Course material and instruction shall be age and
developmentally appropriate, medically accurate,
complete, culturally appropriate, inclusive, and trauma
informed.
(2) Course material and instruction shall replicate
evidence-based or evidence-informed programs or
substantially incorporate elements of evidence-based
programs or evidence-informed programs or characteristics
of effective programs.
(3) Course material and instruction shall be inclusive

HB5494 - 44 - LRB102 24873 CMG 34122 b
and sensitive to the needs of students based on their
status as pregnant or parenting, living with STIs,
including HIV, sexually active, asexual, or intersex or
based on their gender, gender identity, gender expression,
sexual orientation, sexual behavior, or disability.
(4) Course material and instruction shall 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.
(5) Course material and instruction shall 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.
(6) Course material and instruction shall provide
information to help students develop skills for developing
healthy relationships and preventing and dealing with
interpersonal violence and sexual violence.
(7) Course material and instruction shall provide
information to help students safely use the Internet,
including social media, dating or relationship websites or
applications, and texting.
(8) Course material and instruction shall provide
information about local resources where students can
obtain additional information and confidential services

HB5494 - 45 - LRB102 24873 CMG 34122 b
related to parenting, bullying, interpersonal violence,
sexual violence, suicide prevention, sexual and
reproductive health, mental health, substance abuse,
sexual orientation, gender identity, gender expression,
and other related issues.
(9) Course material and instruction shall include
information about State laws related to minor
confidentiality and minor consent, including exceptions,
consent education, mandated reporting of child abuse and
neglect, the safe relinquishment of a newborn child,
minors' access to confidential health care and related
services, school policies addressing the prevention of and
response to interpersonal and sexual violence, school
breastfeeding accommodations, and school policies
addressing the prevention of and response to sexual
harassment.
(10) Course material and instruction may not reflect
or promote bias against any person on the basis of the
person's race, ethnicity, language, cultural background,
citizenship, religion, HIV status, family structure,
disability, gender, gender identity, gender expression,
sexual orientation, or sexual behavior.
(11) Course material and instruction may not employ
gender stereotypes.
(12) Course material and instruction shall be
inclusive of and may not be insensitive or unresponsive to

HB5494 - 46 - LRB102 24873 CMG 34122 b
the needs of survivors of interpersonal violence and
sexual violence.
(13) Course material and instruction may not
proselytize any religious doctrine.
(14) Course material and instruction may not
deliberately withhold health-promoting or life-saving
information about culturally appropriate health care and
services, including reproductive health services, hormone
therapy, and FDA-approved treatments and options,
including, but not limited to, Pre-exposure Prophylaxis
(PrEP) and Post-exposure Prophylaxis (PeP).
(15) Course material and instruction may not be
inconsistent with the ethical imperatives of medicine and
public health.
(c) A school may utilize guest lecturers or resource
persons to provide instruction or presentations in accordance
with Section 10-22.34b. Comprehensive personal health and
safety and comprehensive sexual health education instruction
and materials provided by guest lecturers or resource persons
may not conflict with the provisions of this Section.
(d) No student shall be required to take or participate in
any class or course in comprehensive personal health and
safety and comprehensive sexual health education. If the
parent or guardian of a student wants the student to receive
comprehensive personal health and safety and comprehensive
sexual health education, the A student's parent or guardian

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must may opt in the student out of comprehensive personal
health and safety and comprehensive sexual health education by
submitting the request in writing. Prior to obtaining prior
written consent, the school board shall provide the parent or
guardian with informed written notice which shall accurately
describe and detail the contents and nature of the instruction
on comprehensive personal health and safety and comprehensive
sexual health education, including all written materials the
student will be provided. Refusal to take or participate in
such a course or program may not be a reason for disciplinary
action, academic penalty, suspension, or expulsion or any
other sanction of a student. A school district may not require
active parental consent for comprehensive personal health and
safety and comprehensive sexual health education.
(e) An opportunity shall be afforded to individuals,
including parents or guardians, to review the scope and
sequence of instructional materials to be used in a class or
course under this Section, either electronically or in person.
A school district shall annually post, on its Internet website
if one exists, which curriculum is used to provide
comprehensive personal health and safety and comprehensive
sexual health education and the name and contact information,
including an email address, of school personnel who can
respond to inquiries about instruction and materials.
(f) On or before August 1, 2022, the State Board of
Education, in consultation with youth, parents, sexual health

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and violence prevention experts, health care providers,
advocates, and education practitioners, including, but not
limited to, administrators, 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 for pupils
in kindergarten through the 5th grade and comprehensive sexual
health education for pupils in the 6th through 12th grades,
including, but not limited to, all of the National Sex
Education Standards, including information on consent and
healthy relationships, anatomy and physiology, puberty and
adolescent sexual development, gender identity and expression,
sexual orientation and identity, sexual health, and
interpersonal violence, as authored by the Future of Sex
Education Initiative. As the National Sex Education Standards
are updated, the State Board of Education shall update these
learning standards.
(g) By no later than August 1, 2022, the State Board of
Education shall make available resource materials developed in
consultation with stakeholders, with the cooperation and input
of experts that provide and entities that promote age and
developmentally appropriate, medically accurate, complete,
culturally appropriate, inclusive, and trauma-informed
comprehensive personal health and safety and comprehensive
sexual health education policy. Materials may include, without
limitation, model comprehensive personal health and safety and

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comprehensive sexual health education resources and programs.
The State Board of Education shall make these resource
materials available on its Internet website, in a clearly
identified and easily accessible place.
(h) Schools may choose and adapt the age and
developmentally appropriate, medically accurate, complete,
culturally appropriate, inclusive, and trauma-informed
comprehensive personal health and safety and comprehensive
sexual health education curriculum that meets the specific
needs of their community. All instruction and materials,
including materials provided or presented by outside
consultants, community groups, or organizations, may not
conflict with the provisions of this Section.
(i) The State Board of Education shall, through existing
reporting mechanisms if available, direct each school district
to identify the following:
(1) if instruction on comprehensive personal health
and safety and comprehensive sexual health education is
provided;
(2) whether the instruction was provided by a teacher
in the school, a consultant, or a community group or
organization and specify the name of the outside
consultant, community group, or organization;
(3) the number of students receiving instruction;
(4) the number of students excused from instruction;
and

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(5) the duration of instruction.
The State Board of Education shall report the results of
this inquiry to the General Assembly annually, for a period of
5 years beginning one year after the effective date of this
amendatory Act of the 102nd General Assembly.
(Source: P.A. 102-522, eff. 8-20-21.)
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.