Illinois General Assembly - Full Text of SB4028
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Full Text of SB4028  102nd General Assembly




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



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



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1nationally recognized certifying organization) and how to use
2an automated external defibrillator shall be included as a
3basis for curricula in all secondary schools in this State.
4    The school board of each public elementary and secondary
5school in the State shall encourage all teachers and other
6school personnel to acquire, develop, and maintain the
7knowledge and skills necessary to properly administer
8life-saving techniques, including, without limitation, the
9Heimlich maneuver and rescue breathing. The training shall be
10in accordance with standards of the American Red Cross, the
11American Heart Association, or another nationally recognized
12certifying organization. A school board may use the services
13of non-governmental entities whose personnel have expertise in
14life-saving techniques to instruct teachers and other school
15personnel in these techniques. Each school board is encouraged
16to have in its employ, or on its volunteer staff, at least one
17person who is certified, by the American Red Cross or by
18another qualified certifying agency, as qualified to
19administer first aid and cardiopulmonary resuscitation. In
20addition, each school board is authorized to allocate
21appropriate portions of its institute or inservice days to
22conduct training programs for teachers and other school
23personnel who have expressed an interest in becoming qualified
24to administer emergency first aid or cardiopulmonary
25resuscitation. School boards are urged to encourage their
26teachers and other school personnel who coach school athletic



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1programs and other extracurricular school activities to
2acquire, develop, and maintain the knowledge and skills
3necessary to properly administer first aid and cardiopulmonary
4resuscitation in accordance with standards and requirements
5established by the American Red Cross or another qualified
6certifying agency. Subject to appropriation, the State Board
7of Education shall establish and administer a matching grant
8program to pay for half of the cost that a school district
9incurs in training those teachers and other school personnel
10who express an interest in becoming qualified to administer
11cardiopulmonary resuscitation (which training must be in
12accordance with standards of the American Red Cross, the
13American Heart Association, or another nationally recognized
14certifying organization) or in learning how to use an
15automated external defibrillator. A school district that
16applies for a grant must demonstrate that it has funds to pay
17half of the cost of the training for which matching grant money
18is sought. The State Board of Education shall award the grants
19on a first-come, first-serve basis.
20    No pupil shall be required to take or participate in any
21class or course on AIDS or family life instruction or to
22receive training on how to properly administer cardiopulmonary
23resuscitation or how to use an automated external
24defibrillator if his or her parent or guardian submits written
25objection thereto, and refusal to take or participate in the
26course or program or the training shall not be reason for



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1suspension or expulsion of the pupil.
2    Curricula developed under programs established in
3accordance with this Act in the major educational area of
4alcohol and drug use and abuse shall include classroom
5instruction in grades 5 through 12. The instruction, which
6shall include matters relating to both the physical and legal
7effects and ramifications of drug and substance abuse, shall
8be integrated into existing curricula; and the State Board of
9Education shall develop and make available to all elementary
10and secondary schools in this State instructional materials
11and guidelines which will assist the schools in incorporating
12the instruction into their existing curricula. In addition,
13school districts may offer, as part of existing curricula
14during the school day or as part of an after school program,
15support services and instruction for pupils or pupils whose
16parent, parents, or guardians are chemically dependent.
17(Source: P.A. 101-305, eff. 1-1-20; 102-464, eff. 8-20-21;
18102-558, eff. 8-20-21.)
19    Section 10. The Children's Mental Health Act of 2003 is
20amended by changing Section 5 as follows:
21    (405 ILCS 49/5)
22    Sec. 5. Children's Mental Health Plan.
23    (a) The State of Illinois shall develop a Children's
24Mental Health Plan containing short-term and long-term



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1recommendations to provide comprehensive, coordinated mental
2health prevention, early intervention, and treatment services
3for children from birth through age 18. This Plan shall
4include but not be limited to:
5        (1) Coordinated provider services and interagency
6    referral networks for children from birth through age 18
7    to maximize resources and minimize duplication of
8    services.
9        (2) Guidelines for incorporating social and emotional
10    development into school learning standards and educational
11    programs, pursuant to Section 15 of this Act.
12        (3) Protocols for implementing screening and
13    assessment of children prior to any admission to an
14    inpatient hospital for psychiatric services, pursuant to
15    subsection (a) of Section 5-5.23 of the Illinois Public
16    Aid Code.
17        (4) Recommendations regarding a State budget for
18    children's mental health prevention, early intervention,
19    and treatment across all State agencies.
20        (5) Recommendations for State and local mechanisms for
21    integrating federal, State, and local funding sources for
22    children's mental health.
23        (6) Recommendations for building a qualified and
24    adequately trained workforce prepared to provide mental
25    health services for children from birth through age 18 and
26    their families.



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1        (7) Recommendations for facilitating research on best
2    practices and model programs, and dissemination of this
3    information to Illinois policymakers, practitioners, and
4    the general public through training, technical assistance,
5    and educational materials.
6        (8) Recommendations for a comprehensive, multi-faceted
7    public awareness campaign to reduce the stigma of mental
8    illness and educate families, the general public, and
9    other key audiences about the benefits of children's
10    social and emotional development, and how to access
11    services.
12        (9) Recommendations for creating a quality-driven
13    children's mental health system with shared accountability
14    among key State agencies and programs that conducts
15    ongoing needs assessments, uses outcome indicators and
16    benchmarks to measure progress, and implements quality
17    data tracking and reporting systems.
18        (10) Recommendations for ensuring all Illinois youth
19    receive mental health education and have access to mental
20    health care in the school setting. In developing these
21    recommendations, the Children's Mental Health Partnership
22    created under subsection (b) shall consult with the State
23    Board of Education, education practitioners, including,
24    but not limited to, administrators, regional
25    superintendents of schools, teachers, and school support
26    personnel, health care professionals, including mental



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1    health professionals and child health leaders, disability
2    advocates, and other representatives as necessary to
3    ensure the interests of all students are represented.
4    (b) The Children's Mental Health Partnership (hereafter
5referred to as "the Partnership") is created. The Partnership
6shall have the responsibility of developing and monitoring the
7implementation of the Children's Mental Health Plan as
8approved by the Governor. The Children's Mental Health
9Partnership shall be comprised of: the Secretary of Human
10Services or his or her designee; the State Superintendent of
11Education or his or her designee; the directors of the
12departments of Children and Family Services, Healthcare and
13Family Services, Public Health, and Juvenile Justice, or their
14designees; the head of the Illinois Violence Prevention
15Authority, or his or her designee; the Attorney General or his
16or her designee; up to 25 representatives of community mental
17health authorities and statewide mental health, children and
18family advocacy, early childhood, education, health, substance
19abuse, violence prevention, and juvenile justice organizations
20or associations, to be appointed by the Governor; and 2
21members of each caucus of the House of Representatives and
22Senate appointed by the Speaker of the House of
23Representatives and the President of the Senate, respectively.
24The Governor shall appoint the Partnership Chair and shall
25designate a Governor's staff liaison to work with the



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1    (b-5) The Partnership shall include an adjunct council
2comprised of no more than 6 youth aged 14 to 25 and 4
3representatives of 4 different community based organizations
4that focus on youth mental health. Of the community-based
5organizations that focus on youth mental health, one of the
6community-based organizations shall be led by an
7LGBTQ-identified person, one of the community-based
8organizations shall be led by a person of color, and one of the
9community-based organizations shall be led by a woman. Of the
10representatives appointed to the council from the
11community-based organizations, at least one representative
12shall be LGBTQ-identified, at least one representative shall
13be a person of color, and at least one representative shall be
14a woman. The council members shall be appointed by the Chair of
15the Partnership and shall reflect the racial, gender identity,
16sexual orientation, ability, socioeconomic, ethnic, and
17geographic diversity of the State, including rural, suburban,
18and urban appointees. The council shall make recommendations
19to the Partnership regarding youth mental health, including,
20but not limited to, identifying barriers to youth feeling
21supported by and empowered by the system of mental health and
22treatment providers, barriers perceived by youth in accessing
23mental health services, gaps in the mental health system,
24available resources in schools, including youth's perceptions
25and experiences with outreach personnel, agency websites, and
26informational materials, methods to destigmatize mental health



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1services, and how to improve State policy concerning student
2mental health. The mental health system may include services
3for substance use disorders and addiction. The council shall
4meet at least 4 times annually.
5    (c) The Partnership shall submit a Preliminary Plan to the
6Governor on September 30, 2004 and shall submit the Final Plan
7on June 30, 2005. Thereafter, on September 30 of each year, the
8Partnership shall submit an annual report to the Governor on
9the progress of Plan implementation and recommendations for
10revisions in the Plan. The Final Plan and annual reports
11submitted in subsequent years shall include estimates of
12savings achieved in prior fiscal years under subsection (a) of
13Section 5-5.23 of the Illinois Public Aid Code and federal
14financial participation received under subsection (b) of
15Section 5-5.23 of that Code. The Department of Healthcare and
16Family Services shall provide technical assistance in
17developing these estimates and reports.
18(Source: P.A. 102-16, eff. 6-17-21; 102-116, eff. 7-23-21.)