HB1736ham003 102ND GENERAL ASSEMBLY

Rep. Kathleen Willis

Filed: 3/26/2021

10200HB1736ham003 LRB102 14083 CMG 24385 a

AMENDMENT TO HOUSE BILL 1736

AMENDMENT NO. ______. Amend House Bill 1736, AS AMENDED, by replacing everything after the enacting clause with the following:

"Section 5. The School Code is amended by adding Section 27-9.1a and by changing Sections 27A-5 and 34-18.8 as follows:

(105 ILCS 5/27-9.1a new)

Sec. 27-9.1a. Responsible education for adolescent and children's health (REACH).

(a) This Section may be referred to as the REACH Law.

(b) The General Assembly finds all of the following:

(1) Personal health and safety education can encourage better sexual health outcomes, reduce stigmas, and prepare young people to lead healthy and fulfilling lives.

(2) Students who receive personal health and safety education that includes health-positive instruction on sexual orientation, gender identity, and gender expression report less bullying and harassment.

(3) The leading health and education organizations support personal health and safety education that includes information about both delaying sexual activity and the effective use of contraception.

(4) Students often lack the education and support needed to prevent unwanted or mistimed pregnancy, HIV, and other sexually transmitted infections, to develop healthy relationships, to plan for personal safety, and to develop decision-making skills.

(5) Schools have a responsibility to address child abuse, harassment, bullying, inter-personal violence, and personal safety issues, which can have a significant impact on a student's emotional and physical well-being and academic success.

It is the intent of the General Assembly that comprehensive personal health and safety education shall promote awareness and healthy attitudes about growth and development, body image, gender identity, gender expression, sexuality, sexual health, sexual orientation, consent, dating, relationships, and families; should be designed to promote positive behaviors and reduce health-related risk behaviors; and must be available to students in kindergarten through 12th grade and provide students with the information, skills, and support needed to acquire accurate information to make healthy decisions throughout their lives.

(c) In this Section:

"Age and developmentally appropriate" means suitable for a particular age or age group of children and adolescents, based on the cognitive, emotional, and behavioral development typical of that age or age group.

"Characteristics of effective programs" means the aspects of evidence-based programs, including development, content, and the implementation of programs that have been shown to be effective in increasing knowledge, clarifying values and attitudes, increasing skills, and impacting behavior and are widely recognized by leading medical and public health agencies to be effective in changing sexual behaviors that lead to sexually transmitted infections, including HIV, unwanted or mistimed pregnancy, dating violence, and sexual violence among young people.

"Comprehensive personal health and safety education" means instruction in a comprehensive school health education approach that addresses the physical, mental, emotional, and social dimensions of human sexuality and is designed to motivate and assist students in maintaining and improving sexual health, developing skills for engaging in healthy relationships, preventing abuse, preventing sexual and interpersonal violence, preventing infection, and reducing sexual health-related risk behaviors and to enable and empower students to develop and demonstrate developmentally and culturally appropriate sexuality and sexual health-related knowledge, attitudes, skills, and practices.

"Consent" means knowing, affirmative, conscious, and voluntary agreement to engage in specific interpersonal, physical, or sexual activity at a given time.

"Culturally appropriate" means materials and instruction that are inclusive of the experiences and needs of communities of color, communities of all ethnic and cultural backgrounds, immigrant communities, families, people whose primary language is not English, people of diverse sexual orientations, gender identities, and gender expressions, people who are intersex, people with disabilities, people who have experienced sexual victimization, and people whose experiences have traditionally been left out of sexual health education, programs, and policies.

"Gender stereotype" means a generalized view or preconception about what attributes, characteristics, or roles are or ought to be taught, possessed by, or performed by people based on their gender identity.

"Human trafficking" means the recruitment, harboring, transportation, provision, obtaining, patronizing, or soliciting of a person for the purpose of labor, involuntary servitude, debt bondage, slavery, or a commercial sex act, which is induced by force, fraud, or coercion or in which the person induced has not attained 18 years of age.

"Inclusive" means a curriculum that ensures that students from marginalized communities that include, but are not limited to, communities of color, immigrant communities, people of diverse sexual orientations, gender identities, and gender expressions, people who are intersex, people with disabilities, people who have experienced sexual victimization, and others whose experiences have been traditionally left out of personal health and safety education or related programs and policies are included in classroom materials and lessons.

"Medically accurate and complete" means that the information provided through instruction is verified or supported by research conducted in compliance with accepted scientific methods and is published in peer-reviewed journals by the federal Centers for Disease Control and Prevention, the American Public Health Association, the American Academy of Pediatrics, and the American College of Obstetricians and Gynecologists, if applicable, or a program contains information that leading professional public health or medical organizations, government agencies, and scientific advisory groups with relevant expertise in the field recognize as accurate, objective, and complete and the program does not withhold information about external anatomy involved in sexual functioning or in the effectiveness and benefits of correct and consistent use of condoms and other contraceptives.

"Sexting" means the act of sending, sharing, receiving, or forwarding a sexually explicit or sexually suggestive image, video, or text message by a digital or electronic device, including, but not limited to, a mobile or cellular telephone or a computer.

"Sexual violence" means an act of a sexual nature that is committed or attempted by another person without the freely given consent of the victim or against someone who is unable to consent or refuse. "Sexual violence" includes acts of sexual harassment, sexual abuse, and sexual assault.

"Trauma informed" means to address vital information about sexuality and well-being that takes into consideration how adverse life experiences may potentially influence a person's well-being and decision making.

(d) Beginning no later than July 1, 2023, a school district shall provide inclusive, medically accurate, and complete, age and developmentally appropriate, and culturally appropriate comprehensive personal health and safety education in kindergarten through the 12th grade in all public schools.

(e) Comprehensive personal health and safety education requirements for course materials and instruction under this Section are as follows:

(1) Comprehensive personal health and safety education shall do all of the following:

(A) Reflect the characteristics of effective programs.

(B) Use and implement curricula that is trauma informed.

(C) Use or adopt curricula, materials, and instruction that are inclusive and address the experiences and needs of all youth in the school.

(D) Be accessible to students with disabilities, which may include the use of a modified curriculum, materials, instruction in alternative formats, assistive technology, and auxiliary aids.

(E) Allow instructors to answer questions initiated by a student that are related to and consistent with the material of the course.

(F) Include affirmative and health-positive examples of diverse family structures, races, ethnicities, genders, sexual orientations, gender identities, gender expressions, disabilities, and cultures.

(G) Create a safe, inclusive, and culturally appropriate environment for all students to learn about and discuss personal health and healthy relationships.

(H) Help students develop self-advocacy skills for effective communication with parents or guardians, health and social service professionals, other trusted adults, and peers about sexual health and relationships.

(I) Provide information to help students develop skills for preventing and dealing with interpersonal violence, sexual violence, and human trafficking.

(J) Provide information about local resources where students can obtain additional information and confidential services related to bullying, interpersonal and sexual violence, suicide prevention, sexual and reproductive health, sexual orientation, gender identity, gender expression, and other related issues.

(K) Comply with standards developed by the State Board of Education.

(2) Comprehensive personal health and safety education materials and instruction in shall not:

(A) use shame-based or stigmatizing language or instructional tools;

(B) stigmatize parenting or sexually active youth;

(C) stigmatize or further victimize students impacted by sexual violence;

(D) discriminate on the basis of sex, race, ethnicity, national origin, disability, religion, gender expression, gender identity, or sexual orientation;

(E) exclude the health needs of individuals who are intersex or individuals of diverse sexual orientations, gender identities, or gender expressions;

(F) employ gender stereotypes; or

(G) impose or promote any religious doctrine.

(3) Comprehensive personal health and safety education in the 3rd and 5th grades shall include age and developmentally appropriate instruction on consent and how to give and receive consent, including a discussion that includes, but is not limited to, all of the following:

(A) Setting appropriate physical boundaries with others.

(B) Respecting the physical boundaries of others.

(C) The right to refuse to engage in behaviors or activities that are uncomfortable or unsafe.

(D) Dealing with unwanted physical contact.

(E) Helping a peer deal with unwanted physical contact.

(4) Comprehensive personal health and safety education in the 6th through 12th grades shall include age and developmentally appropriate instruction on consent and how to give and receive consent, including a discussion that includes, but is not limited to, all of the following:

(A) That consent is a freely given agreement to sexual activity.

(B) That consent to one particular sexual activity does not constitute consent to other types of sexual activities.

(C) That a person's lack of verbal or physical resistance or submission resulting from the use or threat of force does not constitute consent.

(D) That a person's manner of dress does not constitute consent.

(E) That a person's consent to past sexual activity does not constitute consent to future sexual activity.

(F) That a person's consent to engage in sexual activity with one person does not constitute consent to engage in sexual activity with another person.

(G) That a person can withdraw consent at any time.

(H) That a person cannot consent to sexual activity if that person is unable to understand the nature of the activity or give knowing consent due to certain circumstances that include, but are not limited to:

(i) the person is incapacitated due to the use or influence of alcohol or drugs;

(ii) the person is asleep or unconscious;

(iii) the person is a minor; or

(iv) the person is incapacitated due to a mental disability.

(I) The legal age of consent in Illinois.

(5) Beginning no later than July 1, 2023, comprehensive personal health and safety education instruction and materials, including materials provided or presented by outside organizations, resource persons, or guest lecturers, may not conflict with the provisions of this Section. A school may utilize guest lecturers or resource persons to provide instruction or presentations in accordance with Section 10-22.34b of this Code.

(f) By no later than March 31, 2023, the State Board of Education shall post on its website comprehensive personal health and safety education resources that are inclusive, medically accurate and complete, age and developmentally appropriate, and culturally appropriate for use in pre-kindergarten through the 12th grade. Any comprehensive personal health and safety education offered to pre-kindergarten students shall be age and developmentally appropriate.

(g) School disclosure, parental requests, and notice are as follows:

(1) It is the intent of the General Assembly to:

(A) encourage pupils to communicate with their parents or guardians about human sexuality and health needs and to respect the rights of parents and guardians to supervise their children's education on these subjects;

(B) create a streamlined process to make it easier for parents and guardians to review materials and evaluation tools related to comprehensive personal health and safety education; and

(C) recognize that although parents and guardians overwhelmingly support medically accurate and complete, age and developmentally appropriate, and culturally appropriate comprehensive personal health and safety education, parents and guardians have the ultimate responsibility for imparting values regarding human sexuality to their children.

(2) A parent or guardian of a student has the right to excuse his or her child from all or a part of comprehensive personal health and safety education and assessments related to that education through a passive consent process. A school district may not require active parental consent for comprehensive personal health and safety education.

(3) A school district shall annually post information on its Internet website about any curricula used to provide comprehensive personal health and safety education, including:

(A) whether the instruction during the prior school year was provided by a teacher in the school, an outside organization, or a guest lecturer or resource person;

(B) the number of students who received the instruction during the prior school year;

(C) the number of students excused from instruction pursuant to this subsection (g) during the prior school year;

(D) the duration of instruction, including the number of hours of instruction per grade level during the prior school year; and

(E) the name and contact information, including an email address, of school personnel who can respond to inquiries and comments about the instruction and materials.

If any instruction is provided by an outside organization or guest lecturer or resource person, the school district shall specify the name of the outside organization or the guest lecturer or resource person and identify any organizations with which the guest lecturer or resource person may be affiliated.

If an Internet website is not available, the information must be provided in another format to school administrators, school board members, school personnel, parents, guardians, students, and the public.

(4) At the beginning of each school year or at the time of a student's enrollment, a school district shall notify the parent or guardian of each student about the instruction planned for the coming school year about comprehensive personal health and safety education and research on student health, behaviors, and risks. The notice shall do all of the following:

(A) Advise the parent or guardian that written and audiovisual educational materials used in comprehensive personal health and safety education, including materials used by an outside organization, guest lecturer, or resource person, are available for inspection both to the parent or guardian and to the public.

(B) Advise the parent or guardian whether the comprehensive personal health and safety education will be taught by school district personnel or by an outside organization, guest lecturer, or resource person. If comprehensive personal health and safety education is to be taught by an outside organization, guest lecturer, or resource person, the notice shall include the date of the instruction, the name of the organization or the affiliation of each guest speaker or resource person, and information stating the right of the parent or guardian to request a copy of the educational materials to be used. If arrangements for this instruction are made after the beginning of the school year, the notice shall be made by mail or another commonly used method of notification no fewer than 14 days before the instruction is delivered.

(C) Include information explaining the parent's or guardian's right to request a copy of this Section.

(D) Advise the parent or guardian that the parent or guardian has the right to excuse the student from comprehensive personal health and safety education and that, in order to excuse the student, the parent or guardian must submit his or her request in writing to the school district.

(E) State that a student will not be subject to disciplinary action, an academic penalty, or any other sanction if the student's parent or guardian requests the student not receive the instruction provided under this Section. If a student's parent or guardian requests that the student not receive the instruction provided under this Section, the school is encouraged to provide alternative assignments.

(F) Identify the name and contact information, including an email address, of school personnel who can respond to inquiries and comments about the course instruction and materials.

(h) A school district may collaborate with a local public health department to identify and designate a qualified employee of the local public health department as the school district's point of contact for the purposes of responding to inquiries and comments about course instruction and materials under this Section.

(i) On or before December 31, 2022, the State Board of Education, in consultation with youth, parents, sexual and interpersonal violence prevention experts, health care providers, social workers, and advocates and education practitioners, including, but not limited to, administrators, regional superintendents of schools, teachers, and school support personnel, shall develop and adopt rigorous learning standards in the area of comprehensive personal health and safety education, including, but not limited to:

(1) national standards developed by Advocates for Youth, Answer, and the Sexuality Information and Education Council of the United States (SIECUS);

(2) standards for instruction on positive body image and positive sexuality, including that there is a range of healthy sexual behaviors that are affirming and pleasurable;

(3) standards for instruction on the safe use of social media, dating or relationship websites or applications, and sexting;

(4) standards for instruction on the sex equity policy of the school or education system, the process for making a complaint, the grievance procedure, and the school official who is designated as the school's Title IX coordinator;

(5) standards for instruction pursuant to Section 10-23.13 of this Code; and

(6) standards for instruction on mandated reporting of abused and neglected children as required by the Abused and Neglected Child Reporting Act.

(j) The State Board of Education shall adopt rules to implement, administer, and ensure compliance with this Section.

(105 ILCS 5/27A-5)

Sec. 27A-5. Charter school; legal entity; requirements.

(a) A charter school shall be a public, nonsectarian, nonreligious, non-home based, and non-profit school. A charter school shall be organized and operated as a nonprofit corporation or other discrete, legal, nonprofit entity authorized under the laws of the State of Illinois.

(b) A charter school may be established under this Article by creating a new school or by converting an existing public school or attendance center to charter school status. Beginning on April 16, 2003 (the effective date of Public Act 93-3), in all new applications to establish a charter school in a city having a population exceeding 500,000, operation of the charter school shall be limited to one campus. The changes made to this Section by Public Act 93-3 do not apply to charter schools existing or approved on or before April 16, 2003 (the effective date of Public Act 93-3).

(b-5) In this subsection (b-5), "virtual-schooling" means a cyber school where students engage in online curriculum and instruction via the Internet and electronic communication with their teachers at remote locations and with students participating at different times.

From April 1, 2013 through December 31, 2016, there is a moratorium on the establishment of charter schools with virtual-schooling components in school districts other than a school district organized under Article 34 of this Code. This moratorium does not apply to a charter school with virtual-schooling components existing or approved prior to April 1, 2013 or to the renewal of the charter of a charter school with virtual-schooling components already approved prior to April 1, 2013.

(c) A charter school shall be administered and governed by its board of directors or other governing body in the manner provided in its charter. The governing body of a charter school shall be subject to the Freedom of Information Act and the Open Meetings Act. No later than January 1, 2021 (one year after the effective date of Public Act 101-291) this amendatory Act of the 101st General Assembly, a charter school's board of directors or other governing body must include at least one parent or guardian of a pupil currently enrolled in the charter school who may be selected through the charter school or a charter network election, appointment by the charter school's board of directors or other governing body, or by the charter school's Parent Teacher Organization or its equivalent.

(c-5) No later than January 1, 2021 (one year after the effective date of Public Act 101-291) this amendatory Act of the 101st General Assembly or within the first year of his or her first term, every voting member of a charter school's board of directors or other governing body shall complete a minimum of 4 hours of professional development leadership training to ensure that each member has sufficient familiarity with the board's or governing body's role and responsibilities, including financial oversight and accountability of the school, evaluating the principal's and school's performance, adherence to the Freedom of Information Act and the Open Meetings Act Acts, and compliance with education and labor law. In each subsequent year of his or her term, a voting member of a charter school's board of directors or other governing body shall complete a minimum of 2 hours of professional development training in these same areas. The training under this subsection may be provided or certified by a statewide charter school membership association or may be provided or certified by other qualified providers approved by the State Board of Education.

(d) For purposes of this subsection (d), "non-curricular health and safety requirement" means any health and safety requirement created by statute or rule to provide, maintain, preserve, or safeguard safe or healthful conditions for students and school personnel or to eliminate, reduce, or prevent threats to the health and safety of students and school personnel. "Non-curricular health and safety requirement" does not include any course of study or specialized instructional requirement for which the State Board has established goals and learning standards or which is designed primarily to impart knowledge and skills for students to master and apply as an outcome of their education.

A charter school shall comply with all non-curricular health and safety requirements applicable to public schools under the laws of the State of Illinois. On or before September 1, 2015, the State Board shall promulgate and post on its Internet website a list of non-curricular health and safety requirements that a charter school must meet. The list shall be updated annually no later than September 1. Any charter contract between a charter school and its authorizer must contain a provision that requires the charter school to follow the list of all non-curricular health and safety requirements promulgated by the State Board and any non-curricular health and safety requirements added by the State Board to such list during the term of the charter. Nothing in this subsection (d) precludes an authorizer from including non-curricular health and safety requirements in a charter school contract that are not contained in the list promulgated by the State Board, including non-curricular health and safety requirements of the authorizing local school board.

(e) Except as otherwise provided in the School Code, a charter school shall not charge tuition; provided that a charter school may charge reasonable fees for textbooks, instructional materials, and student activities.

(f) A charter school shall be responsible for the management and operation of its fiscal affairs including, but not limited to, the preparation of its budget. An audit of each charter school's finances shall be conducted annually by an outside, independent contractor retained by the charter school. To ensure financial accountability for the use of public funds, on or before December 1 of every year of operation, each charter school shall submit to its authorizer and the State Board a copy of its audit and a copy of the Form 990 the charter school filed that year with the federal Internal Revenue Service. In addition, if deemed necessary for proper financial oversight of the charter school, an authorizer may require quarterly financial statements from each charter school.

(g) A charter school shall comply with all provisions of this Article, the Illinois Educational Labor Relations Act, all federal and State laws and rules applicable to public schools that pertain to special education and the instruction of English learners, and its charter. A charter school is exempt from all other State laws and regulations in this Code governing public schools and local school board policies; however, a charter school is not exempt from the following:

(1) Sections 10-21.9 and 34-18.5 of this Code regarding criminal history records checks and checks of the Statewide Sex Offender Database and Statewide Murderer and Violent Offender Against Youth Database of applicants for employment;

(2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and 34-84a of this Code regarding discipline of students;

(3) the Local Governmental and Governmental Employees Tort Immunity Act;

(4) Section 108.75 of the General Not For Profit Corporation Act of 1986 regarding indemnification of officers, directors, employees, and agents;

(5) the Abused and Neglected Child Reporting Act;

(5.5) subsection (b) of Section 10-23.12 and subsection (b) of Section 34-18.6 of this Code;

(6) the Illinois School Student Records Act;

(7) Section 10-17a of this Code regarding school report cards;

(8) the P-20 Longitudinal Education Data System Act;

(9) Section 27-23.7 of this Code regarding bullying prevention;

(10) Section 2-3.162 of this Code regarding student discipline reporting;

(11) Sections 22-80 and 27-8.1 of this Code;

(12) Sections 10-20.60 and 34-18.53 of this Code;

(13) Sections 10-20.63 and 34-18.56 of this Code;

(14) Section 26-18 of this Code;

(15) Section 22-30 of this Code; and

(16) Sections 24-12 and 34-85 of this Code; .

(17) the (16) The Seizure Smart School Act; .

(18) Section 27-9.1a of this Code; and

(19) Section 34-18.8 of this Code.

The change made by Public Act 96-104 to this subsection (g) is declaratory of existing law.

(h) A charter school may negotiate and contract with a school district, the governing body of a State college or university or public community college, or any other public or for-profit or nonprofit private entity for: (i) the use of a school building and grounds or any other real property or facilities that the charter school desires to use or convert for use as a charter school site, (ii) the operation and maintenance thereof, and (iii) the provision of any service, activity, or undertaking that the charter school is required to perform in order to carry out the terms of its charter. However, a charter school that is established on or after April 16, 2003 (the effective date of Public Act 93-3) and that operates in a city having a population exceeding 500,000 may not contract with a for-profit entity to manage or operate the school during the period that commences on April 16, 2003 (the effective date of Public Act 93-3) and concludes at the end of the 2004-2005 school year. Except as provided in subsection (i) of this Section, a school district may charge a charter school reasonable rent for the use of the district's buildings, grounds, and facilities. Any services for which a charter school contracts with a school district shall be provided by the district at cost. Any services for which a charter school contracts with a local school board or with the governing body of a State college or university or public community college shall be provided by the public entity at cost.

(i) In no event shall a charter school that is established by converting an existing school or attendance center to charter school status be required to pay rent for space that is deemed available, as negotiated and provided in the charter agreement, in school district facilities. However, all other costs for the operation and maintenance of school district facilities that are used by the charter school shall be subject to negotiation between the charter school and the local school board and shall be set forth in the charter.

(j) A charter school may limit student enrollment by age or grade level.

(k) If the charter school is approved by the State Board or Commission, then the charter school is its own local education agency.

(Source: P.A. 100-29, eff. 1-1-18; 100-156, eff. 1-1-18; 100-163, eff. 1-1-18; 100-413, eff. 1-1-18; 100-468, eff. 6-1-18; 100-726, eff. 1-1-19; 100-863, eff. 8-14-18; 101-50, eff. 7-1-20; 101-81, eff. 7-12-19; 101-291, eff. 1-1-20; 101-531, eff. 8-23-19; 101-543, eff. 8-23-19; revised 8-4-20.)

(105 ILCS 5/34-18.8) (from Ch. 122, par. 34-18.8)

Sec. 34-18.8. HIV AIDS training. School guidance counselors, nurses, teachers, school social workers, and other school personnel who work with pupils shall may be trained to have a basic knowledge of matters relating to human immunodeficiency virus (HIV) acquired immunodeficiency syndrome (AIDS), including the nature of the infection disease, its causes and effects, the means of detecting it and preventing its transmission, the availability of appropriate sources of counseling and referral, and any other medically accurate information that is age and developmentally appropriate for may be appropriate considering the age and grade level of such pupils. The Board of Education shall supervise such training. The State Board of Education and the Department of Public Health shall jointly develop standards for such training.

(Source: P.A. 86-900.)

(105 ILCS 5/27-9.1 rep.)

(105 ILCS 5/27-9.2 rep.)

(105 ILCS 5/27-11 rep.)

Section 10. The School Code is amended by repealing Sections 27-9.1, 27-9.2, and 27-11.

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