Bill Text: IL SB0818 | 2021-2022 | 102nd General Assembly | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Reinserts the contents of the bill as amended by Senate Amendments Nos. 2 and 3, with the following changes. In provisions requiring the State Board of Education to develop and adopt learning standards, specifies that the comprehensive personal health and safety education learning standards shall be adopted for pupils in kindergarten through the 5th grade and the comprehensive sexual health education learning standards shall be adopted for pupils in the 6th through 12th grades. Removes a provision requiring school districts to provide comprehensive personal health and safety education and comprehensive sexual health education by no later than July 1, 2023. Provides that the annual report to the General Assembly must be submitted for a period of 5 (rather than 2) years. Provides that a school district may (rather than shall) provide age and developmentally appropriate consent education in kindergarten through the 12th grade. Makes grammatical and typographical changes. Effective immediately.
Spectrum: Partisan Bill (Democrat 41-0)
Status: (Passed) 2021-08-20 - Public Act . . . . . . . . . 102-0522 [SB0818 Detail]
Download: Illinois-2021-SB0818-Engrossed.html
Bill Title: Reinserts the contents of the bill as amended by Senate Amendments Nos. 2 and 3, with the following changes. In provisions requiring the State Board of Education to develop and adopt learning standards, specifies that the comprehensive personal health and safety education learning standards shall be adopted for pupils in kindergarten through the 5th grade and the comprehensive sexual health education learning standards shall be adopted for pupils in the 6th through 12th grades. Removes a provision requiring school districts to provide comprehensive personal health and safety education and comprehensive sexual health education by no later than July 1, 2023. Provides that the annual report to the General Assembly must be submitted for a period of 5 (rather than 2) years. Provides that a school district may (rather than shall) provide age and developmentally appropriate consent education in kindergarten through the 12th grade. Makes grammatical and typographical changes. Effective immediately.
Spectrum: Partisan Bill (Democrat 41-0)
Status: (Passed) 2021-08-20 - Public Act . . . . . . . . . 102-0522 [SB0818 Detail]
Download: Illinois-2021-SB0818-Engrossed.html
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1 | AN ACT concerning education.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The School Code is amended by changing Sections | ||||||
5 | 2-3.62, 27A-5, and 34-18.8 and by adding Sections 27-9.1a and | ||||||
6 | 27-9.1b as follows:
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7 | (105 ILCS 5/2-3.62) (from Ch. 122, par. 2-3.62)
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8 | Sec. 2-3.62. Educational service centers.
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9 | (a) A regional network of educational service centers | ||||||
10 | shall be established
by the State Board of Education to | ||||||
11 | coordinate and combine existing services in
a manner which is | ||||||
12 | practical and efficient and to provide new services to
schools | ||||||
13 | as provided in this Section. Services to be made available by | ||||||
14 | such
centers shall include the planning, implementation and | ||||||
15 | evaluation of:
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16 | (1) (blank);
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17 | (2) computer technology education;
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18 | (3) mathematics, science and reading resources for | ||||||
19 | teachers including
continuing education, inservice | ||||||
20 | training and staff development.
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21 | The centers may provide training, technical assistance, | ||||||
22 | coordination and
planning in other program areas such as | ||||||
23 | school improvement, school
accountability, financial planning, |
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1 | consultation, and services, career guidance, early childhood | ||||||
2 | education, alcohol/drug
education and prevention, | ||||||
3 | comprehensive personal health and safety education and | ||||||
4 | comprehensive sexual health family life - sex education, | ||||||
5 | electronic transmission
of data from school districts to the | ||||||
6 | State, alternative education and regional
special education, | ||||||
7 | and telecommunications systems that provide distance
learning. | ||||||
8 | Such telecommunications systems may be obtained through the
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9 | Department of Central Management Services pursuant to Section | ||||||
10 | 405-270 of the
Department of Central Management Services Law | ||||||
11 | (20 ILCS 405/405-270). The programs and services of | ||||||
12 | educational
service centers may be offered to private school | ||||||
13 | teachers and private school
students within each service | ||||||
14 | center area provided public schools have already
been afforded | ||||||
15 | adequate access to such programs and services.
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16 | Upon the abolition of the office, removal from office, | ||||||
17 | disqualification for office, resignation from office, or | ||||||
18 | expiration of the current term of office of the regional | ||||||
19 | superintendent of schools, whichever is earlier, the chief | ||||||
20 | administrative officer of the centers serving that portion of | ||||||
21 | a Class II county school unit outside of a city of 500,000 or | ||||||
22 | more inhabitants shall have and exercise, in and with respect | ||||||
23 | to each educational service region having a population of | ||||||
24 | 2,000,000 or more inhabitants and in and with respect to each | ||||||
25 | school district located in any such educational service | ||||||
26 | region, all of the rights, powers, duties, and |
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1 | responsibilities theretofore vested by law in and exercised | ||||||
2 | and performed by the regional superintendent of schools for | ||||||
3 | that area under the provisions of this Code or any other laws | ||||||
4 | of this State. | ||||||
5 | The State Board of Education shall promulgate rules and | ||||||
6 | regulations necessary
to implement this Section. The rules | ||||||
7 | shall include detailed standards which
delineate the scope and | ||||||
8 | specific content of programs to be provided by each
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9 | Educational Service Center, as well as the specific planning, | ||||||
10 | implementation
and evaluation services to be provided by each | ||||||
11 | Center relative to its programs.
The Board shall also provide | ||||||
12 | the standards by which it will evaluate the
programs provided | ||||||
13 | by each Center.
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14 | (b) Centers serving Class 1 county school units shall be | ||||||
15 | governed by an
11-member board, 3 members of which shall be | ||||||
16 | public school teachers
nominated by the local bargaining | ||||||
17 | representatives to the appropriate regional
superintendent for | ||||||
18 | appointment and no more than 3 members of which shall be
from | ||||||
19 | each of the following categories, including but not limited to
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20 | superintendents, regional superintendents, school board | ||||||
21 | members
and a representative of an institution of higher | ||||||
22 | education. The members of
the board shall be appointed by the | ||||||
23 | regional superintendents whose school
districts are served by | ||||||
24 | the educational service center.
The composition of the board | ||||||
25 | will reflect the revisions of this
amendatory Act of 1989 as | ||||||
26 | the terms of office of current members expire.
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1 | (c) The centers shall be of sufficient size and number to | ||||||
2 | assure delivery
of services to all local school districts in | ||||||
3 | the State.
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4 | (d) From monies appropriated for this program the State | ||||||
5 | Board of
Education shall provide grants paid from the Personal | ||||||
6 | Property Tax Replacement Fund to qualifying Educational | ||||||
7 | Service Centers
applying for such grants in accordance with | ||||||
8 | rules and regulations
promulgated by the State Board of | ||||||
9 | Education to implement this Section.
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10 | (e) The governing authority of each of the 18 regional | ||||||
11 | educational service
centers shall appoint a comprehensive | ||||||
12 | personal health and safety education and comprehensive sexual | ||||||
13 | health family life - sex education advisory board
consisting | ||||||
14 | of 2 parents, 2 teachers, 2 school administrators, 2 school
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15 | board members, 2 health care professionals, one library system
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16 | representative, and the director of the regional educational | ||||||
17 | service center
who shall serve as chairperson of the advisory | ||||||
18 | board so appointed. Members
of the comprehensive personal | ||||||
19 | health and safety education and comprehensive sexual health | ||||||
20 | family life - sex education advisory boards shall serve | ||||||
21 | without
compensation. Each of the advisory boards appointed | ||||||
22 | pursuant to this
subsection shall develop a plan for regional | ||||||
23 | teacher-parent comprehensive personal health and safety | ||||||
24 | education and comprehensive sexual health family life - sex
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25 | education training sessions and shall file a written report of | ||||||
26 | such plan
with the governing board of their regional |
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1 | educational service center. The
directors of each of the | ||||||
2 | regional educational service
centers shall thereupon meet, | ||||||
3 | review each of the reports submitted by the
advisory boards | ||||||
4 | and combine those reports into a single written report which
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5 | they shall file with the Citizens Council on School Problems | ||||||
6 | prior to the
end of the regular school term of the 1987-1988 | ||||||
7 | school year.
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8 | (f) The 14 educational service centers serving Class I | ||||||
9 | county school units
shall be disbanded on the first Monday of | ||||||
10 | August, 1995, and their statutory
responsibilities and | ||||||
11 | programs shall be assumed by the regional offices of
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12 | education, subject to rules and regulations developed by
the
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13 | State Board of Education. The regional superintendents of | ||||||
14 | schools elected by
the voters residing in all Class I counties | ||||||
15 | shall serve as the chief
administrators for these programs and | ||||||
16 | services.
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17 | (Source: P.A. 98-24, eff. 6-19-13; 98-647, eff. 6-13-14; | ||||||
18 | 99-30, eff. 7-10-15.)
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19 | (105 ILCS 5/27-9.1a new) | ||||||
20 | Sec. 27-9.1a. Comprehensive personal health and safety and | ||||||
21 | comprehensive sexual health education. | ||||||
22 | (a) In this Section: | ||||||
23 | "Adapt" means to modify an evidence-based or | ||||||
24 | evidence-informed program model for use with a particular | ||||||
25 | demographic, ethnic, linguistic, or cultural group. |
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1 | "Age and developmentally appropriate" means suitable to | ||||||
2 | particular ages or age groups of children and adolescents, | ||||||
3 | based on the developing cognitive, emotional, and behavioral | ||||||
4 | capacity typical for the age or age group. | ||||||
5 | "Characteristics of effective programs" includes | ||||||
6 | development, content, and implementation of such programs that | ||||||
7 | (i) have been shown to be effective in terms of increasing | ||||||
8 | knowledge, clarifying values and attitudes, increasing skills, | ||||||
9 | and impacting behavior, (ii) are widely recognized by leading | ||||||
10 | medical and public health agencies to be effective in changing | ||||||
11 | sexual behaviors that lead to sexually transmitted infections, | ||||||
12 | including HIV, unintended pregnancy, interpersonal violence, | ||||||
13 | and sexual violence among young people, and (iii) are taught | ||||||
14 | by professionals who provide a safe learning space, free from | ||||||
15 | shame, stigma, and ideology and are trained in trauma-informed | ||||||
16 | teaching methodologies. | ||||||
17 | "Complete" means information that aligns with the National | ||||||
18 | Sex Education Standards, including information on consent and | ||||||
19 | healthy relationships, anatomy and physiology, puberty and | ||||||
20 | adolescent sexual development, gender identity and expression, | ||||||
21 | sexual orientation and identity, sexual health, and | ||||||
22 | interpersonal violence. | ||||||
23 | "Comprehensive personal health and safety education" means | ||||||
24 | age and developmentally appropriate education that aligns with | ||||||
25 | the National Sex Education Standards, including information on | ||||||
26 | consent and healthy relationships, anatomy and physiology, |
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1 | puberty and adolescent sexual development, gender identity and | ||||||
2 | expression, sexual orientation and identity, sexual health, | ||||||
3 | and interpersonal violence. | ||||||
4 | "Comprehensive sexual health education" means age and | ||||||
5 | developmentally appropriate education that aligns with the | ||||||
6 | National Sex Education Standards, including information on | ||||||
7 | consent and healthy relationships, anatomy and physiology, | ||||||
8 | puberty and adolescent sexual development, gender identity and | ||||||
9 | expression, sexual orientation and identity, sexual health, | ||||||
10 | and interpersonal violence. | ||||||
11 | "Consent" means an affirmative, knowing, conscious, | ||||||
12 | ongoing, and voluntary agreement to engage in interpersonal, | ||||||
13 | physical, or sexual activity, which can be revoked at any | ||||||
14 | point, including during the course of interpersonal, physical, | ||||||
15 | or sexual activity. | ||||||
16 | "Culturally appropriate" means affirming culturally | ||||||
17 | diverse individuals, families, and communities in an | ||||||
18 | inclusive, respectful, and effective manner, including | ||||||
19 | materials and instruction that are inclusive of race, | ||||||
20 | ethnicity, language, cultural background, immigration status, | ||||||
21 | religion, disability, gender, gender identity, gender | ||||||
22 | expression, sexual orientation, and sexual behavior. | ||||||
23 | "Evidence-based program" means a program for which | ||||||
24 | systematic, empirical research or evaluation has provided | ||||||
25 | evidence of effectiveness. | ||||||
26 | "Evidence-informed program" means a program that uses the |
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1 | best available research and practice knowledge to guide | ||||||
2 | program design and implementation. | ||||||
3 | "Gender stereotype" means a generalized view or | ||||||
4 | preconception about what attributes, characteristics, or roles | ||||||
5 | are or ought to be taught, possessed by, or performed by people | ||||||
6 | based on their gender identity. | ||||||
7 | "Healthy relationships" means relationships between | ||||||
8 | individuals that consist of mutual respect, trust, honesty, | ||||||
9 | support, fairness, equity, separate identities, physical and | ||||||
10 | emotional safety, and good communication. | ||||||
11 | "Identity" means people's understanding of how they | ||||||
12 | identify their sexual orientation, gender, gender identity, or | ||||||
13 | gender expression without stereotypes, shame, or stigma. | ||||||
14 | "Inclusive" means inclusion of marginalized communities | ||||||
15 | that include, but are not limited to, people of color, | ||||||
16 | immigrants, people of diverse sexual orientations, gender | ||||||
17 | identities, and gender expressions, people who are intersex, | ||||||
18 | people with disabilities, people who have experienced | ||||||
19 | interpersonal or sexual violence, and others. | ||||||
20 | "Interpersonal violence" means violent behavior used to | ||||||
21 | establish power and control over another person. | ||||||
22 | "Medically accurate" means verified or supported by the | ||||||
23 | weight of research conducted in compliance with accepted | ||||||
24 | scientific methods and published in peer-reviewed journals, if | ||||||
25 | applicable, or comprising information recognized as accurate | ||||||
26 | and objective. |
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1 | "Pre-exposure Prophylaxis (PrEP)" means medications | ||||||
2 | approved by the federal Food and Drug Administration (FDA) and | ||||||
3 | recommended by the United States Public Health Service or the | ||||||
4 | federal Centers for Disease Control and Prevention for HIV | ||||||
5 | pre-exposure prophylaxis and related pre-exposure prophylaxis | ||||||
6 | services, including, but not limited to, HIV and sexually | ||||||
7 | transmitted infection screening, treatment for sexually | ||||||
8 | transmitted infections, medical monitoring, laboratory | ||||||
9 | services, and sexual health counseling, to reduce the | ||||||
10 | likelihood of HIV infection for individuals who are not living | ||||||
11 | with HIV but are vulnerable to HIV exposure. | ||||||
12 | "Post-exposure Prophylaxis (PeP)" means the medications | ||||||
13 | that are recommended by the federal Centers for Disease | ||||||
14 | Control and Prevention and other public health authorities to | ||||||
15 | help prevent HIV infection after potential occupational or | ||||||
16 | non-occupational HIV exposure. | ||||||
17 | "Sexual violence" means discrimination, bullying, | ||||||
18 | harassment, including sexual harassment, sexual abuse, sexual | ||||||
19 | assault, intimate partner violence, incest, rape, and human | ||||||
20 | trafficking. | ||||||
21 | "Trauma informed" means to address vital information about | ||||||
22 | sexuality and well-being that takes into consideration how | ||||||
23 | adverse life experiences may potentially influence a person's | ||||||
24 | well-being and decision making. | ||||||
25 | (b) All classes that teach comprehensive personal health | ||||||
26 | and safety and comprehensive sexual health education shall |
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1 | satisfy the following criteria: | ||||||
2 | (1) Course material and instruction shall be age and | ||||||
3 | developmentally appropriate, medically accurate, | ||||||
4 | complete, culturally appropriate, inclusive, and trauma | ||||||
5 | informed. | ||||||
6 | (2) Course material and instruction shall replicate | ||||||
7 | evidence-based or evidence-informed programs or | ||||||
8 | substantially incorporate elements of evidence-based | ||||||
9 | programs or evidence-informed programs or characteristics | ||||||
10 | of effective programs. | ||||||
11 | (3) Course material and instruction shall be inclusive | ||||||
12 | and sensitive to the needs of students based on their | ||||||
13 | status as pregnant or parenting, living with STIs, | ||||||
14 | including HIV, sexually active, asexual, or intersex or | ||||||
15 | based on their gender, gender identity, gender expression, | ||||||
16 | sexual orientation, sexual behavior, or disability. | ||||||
17 | (4) Course material and instruction shall be | ||||||
18 | accessible to students with disabilities, which may | ||||||
19 | include the use of a modified curriculum, materials, | ||||||
20 | instruction in alternative formats, assistive technology, | ||||||
21 | and auxiliary aids. | ||||||
22 | (5) Course material and instruction shall help | ||||||
23 | students develop self-advocacy skills for effective | ||||||
24 | communication with parents or guardians, health and social | ||||||
25 | service professionals, other trusted adults, and peers | ||||||
26 | about sexual health and relationships. |
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1 | (6) Course material and instruction shall provide | ||||||
2 | information to help students develop skills for developing | ||||||
3 | healthy relationships and preventing and dealing with | ||||||
4 | interpersonal violence and sexual violence. | ||||||
5 | (7) Course material and instruction shall provide | ||||||
6 | information to help students safely use the Internet, | ||||||
7 | including social media, dating or relationship websites or | ||||||
8 | applications, and texting. | ||||||
9 | (8) Course material and instruction shall provide | ||||||
10 | information about local resources where students can | ||||||
11 | obtain additional information and confidential services | ||||||
12 | related to parenting, bullying, interpersonal violence, | ||||||
13 | sexual violence, suicide prevention, sexual and | ||||||
14 | reproductive health, mental health, substance abuse, | ||||||
15 | sexual orientation, gender identity, gender expression, | ||||||
16 | and other related issues. | ||||||
17 | (9) Course material and instruction shall include | ||||||
18 | information about State laws related to minor | ||||||
19 | confidentiality and minor consent, including exceptions, | ||||||
20 | consent education, mandated reporting of child abuse and | ||||||
21 | neglect, the safe relinquishment of a newborn child, | ||||||
22 | minors' access to confidential health care and related | ||||||
23 | services, school policies addressing the prevention of and | ||||||
24 | response to interpersonal and sexual violence, school | ||||||
25 | breastfeeding accommodations, and school policies | ||||||
26 | addressing the prevention of and response to sexual |
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1 | harassment. | ||||||
2 | (10) Course material and instruction may not reflect | ||||||
3 | or promote bias against any person on the basis of the | ||||||
4 | person's race, ethnicity, language, cultural background, | ||||||
5 | citizenship, religion, HIV status, family structure, | ||||||
6 | disability, gender, gender identity, gender expression, | ||||||
7 | sexual orientation, or sexual behavior. | ||||||
8 | (11) Course material and instruction may not employ | ||||||
9 | gender stereotypes. | ||||||
10 | (12) Course material and instruction shall be | ||||||
11 | inclusive of and may not be insensitive or unresponsive to | ||||||
12 | the needs of survivors of interpersonal violence and | ||||||
13 | sexual violence. | ||||||
14 | (13) Course material and instruction may not | ||||||
15 | proselytize any religious doctrine. | ||||||
16 | (14) Course material and instruction may not | ||||||
17 | deliberately withhold health-promoting or life-saving | ||||||
18 | information about culturally appropriate health care and | ||||||
19 | services, including reproductive health services, hormone | ||||||
20 | therapy, and FDA-approved treatments and options, | ||||||
21 | including, but not limited to, Pre-exposure Prophylaxis | ||||||
22 | (PrEP) and Post-exposure Prophylaxis (PeP). | ||||||
23 | (15) Course material and instruction may not be | ||||||
24 | inconsistent with the ethical imperatives of medicine and | ||||||
25 | public health. | ||||||
26 | (c) A school may utilize guest lecturers or resource |
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1 | persons to provide instruction or presentations in accordance | ||||||
2 | with Section 10-22.34b. Comprehensive personal health and | ||||||
3 | safety and comprehensive sexual health education instruction | ||||||
4 | and materials provided by guest lecturers or resource persons | ||||||
5 | may not conflict with the provisions of this Section. | ||||||
6 | (d) No student shall be required to take or participate in | ||||||
7 | any class or course in comprehensive personal health and | ||||||
8 | safety and comprehensive sexual health education. A student's | ||||||
9 | parent or guardian may opt the student out of comprehensive | ||||||
10 | personal health and safety and comprehensive sexual health | ||||||
11 | education by submitting the request in writing. Refusal to | ||||||
12 | take or participate in such a course or program may not be a | ||||||
13 | reason for disciplinary action, academic penalty, suspension, | ||||||
14 | or expulsion or any other sanction of a student. A school | ||||||
15 | district may not require active parental consent for | ||||||
16 | comprehensive personal health and safety and comprehensive | ||||||
17 | sexual health education. | ||||||
18 | (e) An opportunity shall be afforded to individuals, | ||||||
19 | including parents or guardians, to review the scope and | ||||||
20 | sequence of instructional materials to be used in a class or | ||||||
21 | course under this Section, either electronically or in person. | ||||||
22 | A school district shall annually post, on its Internet website | ||||||
23 | if one exists, which curriculum is used to provide | ||||||
24 | comprehensive personal health and safety and comprehensive | ||||||
25 | sexual health education and the name and contact information, | ||||||
26 | including an email address, of school personnel who can |
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1 | respond to inquiries about instruction and materials. | ||||||
2 | (f) On or before August 1, 2022, the State Board of | ||||||
3 | Education, in consultation with youth, parents, sexual health | ||||||
4 | and violence prevention experts, health care providers, | ||||||
5 | advocates, and education practitioners, including, but not | ||||||
6 | limited to, administrators, regional superintendents of | ||||||
7 | schools, teachers, and school support personnel, shall develop | ||||||
8 | and adopt rigorous learning standards in the area of | ||||||
9 | comprehensive personal health and safety education for pupils | ||||||
10 | in kindergarten through the 5th grade and comprehensive sexual | ||||||
11 | health education for pupils in the 6th through 12th grades, | ||||||
12 | including, but not limited to, all of the National Sex | ||||||
13 | Education Standards, including information on consent and | ||||||
14 | healthy relationships, anatomy and physiology, puberty and | ||||||
15 | adolescent sexual development, gender identity and expression, | ||||||
16 | sexual orientation and identity, sexual health, and | ||||||
17 | interpersonal violence, as authored by the Future of Sex | ||||||
18 | Education Initiative. As the National Sex Education Standards | ||||||
19 | are updated, the State Board of Education shall update these | ||||||
20 | learning standards. | ||||||
21 | (g) By no later than August 1, 2022, the State Board of | ||||||
22 | Education shall make available resource materials developed in | ||||||
23 | consultation with stakeholders, with the cooperation and input | ||||||
24 | of experts that provide and entities that promote age and | ||||||
25 | developmentally appropriate, medically accurate, complete, | ||||||
26 | culturally appropriate, inclusive, and trauma-informed |
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1 | comprehensive personal health and safety and comprehensive | ||||||
2 | sexual health education policy. Materials may include, without | ||||||
3 | limitation, model comprehensive personal health and safety and | ||||||
4 | comprehensive sexual health education resources and programs. | ||||||
5 | The State Board of Education shall make these resource | ||||||
6 | materials available on its Internet website, in a clearly | ||||||
7 | identified and easily accessible place. | ||||||
8 | (h) Schools may choose and adapt the age and | ||||||
9 | developmentally appropriate, medically accurate, complete, | ||||||
10 | culturally appropriate, inclusive, and trauma-informed | ||||||
11 | comprehensive personal health and safety and comprehensive | ||||||
12 | sexual health education curriculum that meets the specific | ||||||
13 | needs of their community. All instruction and materials, | ||||||
14 | including materials provided or presented by outside | ||||||
15 | consultants, community groups, or organizations, may not | ||||||
16 | conflict with the provisions of this Section. | ||||||
17 | (i) The State Board of Education shall, through existing | ||||||
18 | reporting mechanisms if available, direct each school district | ||||||
19 | to identify the following: | ||||||
20 | (1) if instruction on comprehensive personal health | ||||||
21 | and safety and comprehensive sexual health education is | ||||||
22 | provided; | ||||||
23 | (2) whether the instruction was provided by a teacher | ||||||
24 | in the school, a consultant, or a community group or | ||||||
25 | organization and specify the name of the outside | ||||||
26 | consultant, community group, or organization; |
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1 | (3) the number of students receiving instruction; | ||||||
2 | (4) the number of students excused from instruction; | ||||||
3 | and | ||||||
4 | (5) the duration of instruction. | ||||||
5 | The State Board of Education shall report the results of | ||||||
6 | this inquiry to the General Assembly annually, for a period of | ||||||
7 | 5 years beginning one year after the effective date of this | ||||||
8 | amendatory Act of the 102nd General Assembly.
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9 | (105 ILCS 5/27-9.1b new) | ||||||
10 | Sec. 27-9.1b. Consent education. | ||||||
11 | (a) In this Section: | ||||||
12 | "Age and developmentally appropriate" has the meaning | ||||||
13 | ascribed to that term in Section 27-9.1a. | ||||||
14 | "Consent" has the meaning ascribed to that term in Section | ||||||
15 | 27-9.1a. | ||||||
16 | (b) A school district may provide age and developmentally | ||||||
17 | appropriate consent education in kindergarten through the 12th | ||||||
18 | grade. | ||||||
19 | (1) In kindergarten through the 5th grade, instruction | ||||||
20 | and materials shall include age and developmentally | ||||||
21 | appropriate instruction on consent and how to give and | ||||||
22 | receive consent, including a discussion that includes, but | ||||||
23 | is not limited to, all of the following: | ||||||
24 | (A) Setting appropriate physical boundaries with | ||||||
25 | others. |
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1 | (B) Respecting the physical boundaries of others. | ||||||
2 | (C) The right to refuse to engage in behaviors or | ||||||
3 | activities that are uncomfortable or unsafe. | ||||||
4 | (D) Dealing with unwanted physical contact. | ||||||
5 | (E) Helping a peer deal with unwanted physical | ||||||
6 | contact. | ||||||
7 | (2) In the 6th through 12th grades, instruction and | ||||||
8 | materials shall include age and developmentally | ||||||
9 | appropriate instruction on consent and how to give and | ||||||
10 | receive consent, including a discussion that includes, but | ||||||
11 | is not limited to, all of the following: | ||||||
12 | (A) That consent is a freely given agreement to | ||||||
13 | sexual activity. | ||||||
14 | (B) That consent to one particular sexual activity | ||||||
15 | does not constitute consent to other types of sexual | ||||||
16 | activities. | ||||||
17 | (C) That a person's lack of verbal or physical | ||||||
18 | resistance or submission resulting from the use or | ||||||
19 | threat of force does not constitute consent. | ||||||
20 | (D) That a person's manner of dress does not | ||||||
21 | constitute consent. | ||||||
22 | (E) That a person's consent to past sexual | ||||||
23 | activity does not constitute consent to future sexual | ||||||
24 | activity. | ||||||
25 | (F) That a person's consent to engage in sexual | ||||||
26 | activity with one person does not constitute consent |
| |||||||
| |||||||
1 | to engage in sexual activity with another person. | ||||||
2 | (G) That a person can withdraw consent at any | ||||||
3 | time. | ||||||
4 | (H) That a person cannot consent to sexual | ||||||
5 | activity if that person is unable to understand the | ||||||
6 | nature of the activity or give knowing consent due to | ||||||
7 | certain circumstances that include, but are not | ||||||
8 | limited to: | ||||||
9 | (i) the person is incapacitated due to the use | ||||||
10 | or influence of alcohol or drugs; | ||||||
11 | (ii) the person is asleep or unconscious; | ||||||
12 | (iii) the person is a minor; or | ||||||
13 | (iv) the person is incapacitated due to a | ||||||
14 | mental disability. | ||||||
15 | (I) The legal age of consent in this State.
| ||||||
16 | (105 ILCS 5/27A-5)
| ||||||
17 | Sec. 27A-5. Charter school; legal entity; requirements.
| ||||||
18 | (a) A charter school shall be a public, nonsectarian, | ||||||
19 | nonreligious, non-home
based, and non-profit school. A charter | ||||||
20 | school shall be organized and operated
as a nonprofit | ||||||
21 | corporation or other discrete, legal, nonprofit entity
| ||||||
22 | authorized under the laws of the State of Illinois.
| ||||||
23 | (b) A charter school may be established under this Article | ||||||
24 | by creating a new
school or by converting an existing public | ||||||
25 | school or attendance center to
charter
school status.
|
| |||||||
| |||||||
1 | Beginning on April 16, 2003 (the effective date of Public Act | ||||||
2 | 93-3), in all new
applications to establish
a charter
school | ||||||
3 | in a city having a population exceeding 500,000, operation of | ||||||
4 | the
charter
school shall be limited to one campus. The changes | ||||||
5 | made to this Section by Public Act 93-3 do not apply to charter | ||||||
6 | schools existing or approved on or before April 16, 2003 (the
| ||||||
7 | effective date of Public Act 93-3). | ||||||
8 | (b-5) In this subsection (b-5), "virtual-schooling" means | ||||||
9 | a cyber school where students engage in online curriculum and | ||||||
10 | instruction via the Internet and electronic communication with | ||||||
11 | their teachers at remote locations and with students | ||||||
12 | participating at different times. | ||||||
13 | From April 1, 2013 through December 31, 2016, there is a | ||||||
14 | moratorium on the establishment of charter schools with | ||||||
15 | virtual-schooling components in school districts other than a | ||||||
16 | school district organized under Article 34 of this Code. This | ||||||
17 | moratorium does not apply to a charter school with | ||||||
18 | virtual-schooling components existing or approved prior to | ||||||
19 | April 1, 2013 or to the renewal of the charter of a charter | ||||||
20 | school with virtual-schooling components already approved | ||||||
21 | prior to April 1, 2013.
| ||||||
22 | (c) A charter school shall be administered and governed by | ||||||
23 | its board of
directors or other governing body
in the manner | ||||||
24 | provided in its charter. The governing body of a charter | ||||||
25 | school
shall be subject to the Freedom of Information Act and | ||||||
26 | the Open Meetings Act. No later than January 1, 2021 (one year |
| |||||||
| |||||||
1 | after the effective date of Public Act 101-291), a charter | ||||||
2 | school's board of directors or other governing body must | ||||||
3 | include at least one parent or guardian of a pupil currently | ||||||
4 | enrolled in the charter school who may be selected through the | ||||||
5 | charter school or a charter network election, appointment by | ||||||
6 | the charter school's board of directors or other governing | ||||||
7 | body, or by the charter school's Parent Teacher Organization | ||||||
8 | or its equivalent. | ||||||
9 | (c-5) No later than January 1, 2021 (one year after the | ||||||
10 | effective date of Public Act 101-291) or within the first year | ||||||
11 | of his or her first term, every voting member of a charter | ||||||
12 | school's board of directors or other governing body shall | ||||||
13 | complete a minimum of 4 hours of professional development | ||||||
14 | leadership training to ensure that each member has sufficient | ||||||
15 | familiarity with the board's or governing body's role and | ||||||
16 | responsibilities, including financial oversight and | ||||||
17 | accountability of the school, evaluating the principal's and | ||||||
18 | school's performance, adherence to the Freedom of Information | ||||||
19 | Act and the Open Meetings Act, and compliance with education | ||||||
20 | and labor law. In each subsequent year of his or her term, a | ||||||
21 | voting member of a charter school's board of directors or | ||||||
22 | other governing body shall complete a minimum of 2 hours of | ||||||
23 | professional development training in these same areas. The | ||||||
24 | training under this subsection may be provided or certified by | ||||||
25 | a statewide charter school membership association or may be | ||||||
26 | provided or certified by other qualified providers approved by |
| |||||||
| |||||||
1 | the State Board of Education.
| ||||||
2 | (d) For purposes of this subsection (d), "non-curricular | ||||||
3 | health and safety requirement" means any health and safety | ||||||
4 | requirement created by statute or rule to provide, maintain, | ||||||
5 | preserve, or safeguard safe or healthful conditions for | ||||||
6 | students and school personnel or to eliminate, reduce, or | ||||||
7 | prevent threats to the health and safety of students and | ||||||
8 | school personnel. "Non-curricular health and safety | ||||||
9 | requirement" does not include any course of study or | ||||||
10 | specialized instructional requirement for which the State | ||||||
11 | Board has established goals and learning standards or which is | ||||||
12 | designed primarily to impart knowledge and skills for students | ||||||
13 | to master and apply as an outcome of their education. | ||||||
14 | A charter school shall comply with all non-curricular | ||||||
15 | health and safety
requirements applicable to public schools | ||||||
16 | under the laws of the State of
Illinois. On or before September | ||||||
17 | 1, 2015, the State Board shall promulgate and post on its | ||||||
18 | Internet website a list of non-curricular health and safety | ||||||
19 | requirements that a charter school must meet. The list shall | ||||||
20 | be updated annually no later than September 1. Any charter | ||||||
21 | contract between a charter school and its authorizer must | ||||||
22 | contain a provision that requires the charter school to follow | ||||||
23 | the list of all non-curricular health and safety requirements | ||||||
24 | promulgated by the State Board and any non-curricular health | ||||||
25 | and safety requirements added by the State Board to such list | ||||||
26 | during the term of the charter. Nothing in this subsection (d) |
| |||||||
| |||||||
1 | precludes an authorizer from including non-curricular health | ||||||
2 | and safety requirements in a charter school contract that are | ||||||
3 | not contained in the list promulgated by the State Board, | ||||||
4 | including non-curricular health and safety requirements of the | ||||||
5 | authorizing local school board.
| ||||||
6 | (e) Except as otherwise provided in the School Code, a | ||||||
7 | charter school shall
not charge tuition; provided that a | ||||||
8 | charter school may charge reasonable fees
for textbooks, | ||||||
9 | instructional materials, and student activities.
| ||||||
10 | (f) A charter school shall be responsible for the | ||||||
11 | management and operation
of its fiscal affairs including,
but | ||||||
12 | not limited to, the preparation of its budget. An audit of each | ||||||
13 | charter
school's finances shall be conducted annually by an | ||||||
14 | outside, independent
contractor retained by the charter | ||||||
15 | school. To ensure financial accountability for the use of | ||||||
16 | public funds, on or before December 1 of every year of | ||||||
17 | operation, each charter school shall submit to its authorizer | ||||||
18 | and the State Board a copy of its audit and a copy of the Form | ||||||
19 | 990 the charter school filed that year with the federal | ||||||
20 | Internal Revenue Service. In addition, if deemed necessary for | ||||||
21 | proper financial oversight of the charter school, an | ||||||
22 | authorizer may require quarterly financial statements from | ||||||
23 | each charter school.
| ||||||
24 | (g) A charter school shall comply with all provisions of | ||||||
25 | this Article, the Illinois Educational Labor Relations Act, | ||||||
26 | all federal and State laws and rules applicable to public |
| |||||||
| |||||||
1 | schools that pertain to special education and the instruction | ||||||
2 | of English learners, and
its charter. A charter
school is | ||||||
3 | exempt from all other State laws and regulations in this Code
| ||||||
4 | governing public
schools and local school board policies; | ||||||
5 | however, a charter school is not exempt from the following:
| ||||||
6 | (1) Sections 10-21.9 and 34-18.5 of this Code | ||||||
7 | regarding criminal
history records checks and checks of | ||||||
8 | the Statewide Sex Offender Database and Statewide Murderer | ||||||
9 | and Violent Offender Against Youth Database of applicants | ||||||
10 | for employment;
| ||||||
11 | (2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and | ||||||
12 | 34-84a of this Code regarding discipline of
students;
| ||||||
13 | (3) the Local Governmental and Governmental Employees | ||||||
14 | Tort Immunity Act;
| ||||||
15 | (4) Section 108.75 of the General Not For Profit | ||||||
16 | Corporation Act of 1986
regarding indemnification of | ||||||
17 | officers, directors, employees, and agents;
| ||||||
18 | (5) the Abused and Neglected Child Reporting Act;
| ||||||
19 | (5.5) subsection (b) of Section 10-23.12 and | ||||||
20 | subsection (b) of Section 34-18.6 of this Code; | ||||||
21 | (6) the Illinois School Student Records Act;
| ||||||
22 | (7) Section 10-17a of this Code regarding school | ||||||
23 | report cards;
| ||||||
24 | (8) the P-20 Longitudinal Education Data System Act; | ||||||
25 | (9) Section 27-23.7 of this Code regarding bullying | ||||||
26 | prevention; |
| |||||||
| |||||||
1 | (10) Section 2-3.162 of this Code regarding student | ||||||
2 | discipline reporting; | ||||||
3 | (11) Sections 22-80 and 27-8.1 of this Code; | ||||||
4 | (12) Sections 10-20.60 and 34-18.53 of this Code; | ||||||
5 | (13) Sections 10-20.63 and 34-18.56 of this Code; | ||||||
6 | (14) Section 26-18 of this Code; | ||||||
7 | (15) Section 22-30 of this Code; | ||||||
8 | (16) Sections 24-12 and 34-85 of this Code; | ||||||
9 | (17) the Seizure Smart School Act; and | ||||||
10 | (18) Section 2-3.64a-10 of this Code ; . | ||||||
11 | (19) Section 27-9.1a of this Code; | ||||||
12 | (20) Section 27-9.1b of this Code; and | ||||||
13 | (21) Section 34-18.8 of this Code. | ||||||
14 | The change made by Public Act 96-104 to this subsection | ||||||
15 | (g) is declaratory of existing law. | ||||||
16 | (h) A charter school may negotiate and contract with a | ||||||
17 | school district, the
governing body of a State college or | ||||||
18 | university or public community college, or
any other public or | ||||||
19 | for-profit or nonprofit private entity for: (i) the use
of a | ||||||
20 | school building and grounds or any other real property or | ||||||
21 | facilities that
the charter school desires to use or convert | ||||||
22 | for use as a charter school site,
(ii) the operation and | ||||||
23 | maintenance thereof, and
(iii) the provision of any service, | ||||||
24 | activity, or undertaking that the charter
school is required | ||||||
25 | to perform in order to carry out the terms of its charter.
| ||||||
26 | However, a charter school
that is established on
or
after |
| |||||||
| |||||||
1 | April 16, 2003 (the effective date of Public Act 93-3) and that | ||||||
2 | operates
in a city having a population exceeding
500,000 may | ||||||
3 | not contract with a for-profit entity to
manage or operate the | ||||||
4 | school during the period that commences on April 16, 2003 (the
| ||||||
5 | effective date of Public Act 93-3) and
concludes at the end of | ||||||
6 | the 2004-2005 school year.
Except as provided in subsection | ||||||
7 | (i) of this Section, a school district may
charge a charter | ||||||
8 | school reasonable rent for the use of the district's
| ||||||
9 | buildings, grounds, and facilities. Any services for which a | ||||||
10 | charter school
contracts
with a school district shall be | ||||||
11 | provided by the district at cost. Any services
for which a | ||||||
12 | charter school contracts with a local school board or with the
| ||||||
13 | governing body of a State college or university or public | ||||||
14 | community college
shall be provided by the public entity at | ||||||
15 | cost.
| ||||||
16 | (i) In no event shall a charter school that is established | ||||||
17 | by converting an
existing school or attendance center to | ||||||
18 | charter school status be required to
pay rent for space
that is | ||||||
19 | deemed available, as negotiated and provided in the charter | ||||||
20 | agreement,
in school district
facilities. However, all other | ||||||
21 | costs for the operation and maintenance of
school district | ||||||
22 | facilities that are used by the charter school shall be | ||||||
23 | subject
to negotiation between
the charter school and the | ||||||
24 | local school board and shall be set forth in the
charter.
| ||||||
25 | (j) A charter school may limit student enrollment by age | ||||||
26 | or grade level.
|
| |||||||
| |||||||
1 | (k) If the charter school is approved by the State Board or | ||||||
2 | Commission, then the charter school is its own local education | ||||||
3 | agency. | ||||||
4 | (Source: P.A. 100-29, eff. 1-1-18; 100-156, eff. 1-1-18; | ||||||
5 | 100-163, eff. 1-1-18; 100-413, eff. 1-1-18; 100-468, eff. | ||||||
6 | 6-1-18; 100-726, eff. 1-1-19; 100-863, eff. 8-14-18; 101-50, | ||||||
7 | eff. 7-1-20; 101-81, eff. 7-12-19; 101-291, eff. 1-1-20; | ||||||
8 | 101-531, eff. 8-23-19; 101-543, eff. 8-23-19; 101-654, eff. | ||||||
9 | 3-8-21.)
| ||||||
10 | (105 ILCS 5/34-18.8) (from Ch. 122, par. 34-18.8)
| ||||||
11 | Sec. 34-18.8. HIV AIDS training. School guidance | ||||||
12 | counselors, nurses,
teachers , school social workers, and other | ||||||
13 | school personnel who work with students shall pupils
may be | ||||||
14 | trained to have a basic knowledge of matters relating
to human | ||||||
15 | immunodeficiency virus (HIV) acquired immunodeficiency | ||||||
16 | syndrome (AIDS) , including the nature of the infection
| ||||||
17 | disease , its causes and effects, the means of detecting it and | ||||||
18 | preventing
its transmission, the availability of appropriate | ||||||
19 | sources of counseling and
referral, and any other medically | ||||||
20 | accurate information that is age and developmentally | ||||||
21 | appropriate for may be appropriate considering the
age and | ||||||
22 | grade level of such students pupils . The Board of Education | ||||||
23 | shall supervise
such training. The State Board of Education | ||||||
24 | and the Department of Public
Health shall jointly develop | ||||||
25 | standards for such training.
|
| |||||||
| |||||||
1 | (Source: P.A. 86-900.)
| ||||||
2 | (105 ILCS 5/27-9.1 rep.)
| ||||||
3 | (105 ILCS 5/27-9.2 rep.)
| ||||||
4 | (105 ILCS 5/27-11 rep.)
| ||||||
5 | Section 10. The School Code is amended by repealing | ||||||
6 | Sections 27-9.1, 27-9.2, and 27-11.
| ||||||
7 | Section 99. Effective date. This Act takes effect upon | ||||||
8 | becoming law.
|