SB0098 103RD GENERAL ASSEMBLY

LRB103 25867 RJT 52218 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB0098

Introduced 1/24/2023, by Sen. Karina Villa

SYNOPSIS AS INTRODUCED:

105 ILCS 5/10-16a

Amends the School Code. Provides that beginning with the 2024-2025 school year, LGBTQ+ inclusivity training shall be required as part of the professional development leadership training for school board members. Provides that the training regarding LGBTQ+ inclusivity practices must include information that is relevant to and within the scope of the duties of a school board member. Provides that such information may include, but is not limited to: (1) understanding the difference between sex, gender, and sexual orientation; (2) knowledge of family structures beyond the heteronormative structure; (3) nondiscriminatory education on the basis of gender, gender identity, gender expression, sexual orientation, and sexual behavior; (4) understanding the struggles of LGBTQ+ youth in schools; (5) the contributions of LGBTQ+ individuals regarding history, social sciences, arts, and humanities; and (6) the effects and risks of outing a student's gender identity or sexual orientation to the student's parents.

A BILL FOR

AN ACT concerning education.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Findings and purpose.

(a) The General Assembly finds that:

(1) research confirms that there are negative effects associated with a lack of a healthy and inclusive learning environment;

(2) the Trevor Project's National Survey on LGBTQ Youth Mental Health in 2019 showed that LGBTQ+ youth who reported having at least one accepting adult in their lives were 40% less likely to report a suicide attempt in the past year;

(3) by giving school board members the necessary tools and insight on understanding their LGBTQ+ students better, policies can be implemented by the school board that protect those students and make them more comfortable in school; and

(4) it is of the utmost importance that students feel comfortable and safe and are protected in their learning environment, which sets students up for success.

(b) It is the purpose of this Act to create an understanding of the challenges LGBTQ+ individuals face and to clarify language and terminology. This recognition of the issues faced by the LGBTQ+ community in schools would aid school board members with addressing those issues and bettering students as the school board members would be more aware of the challenges faced by different groups in their community.

Section 5. The School Code is amended by changing Section 10-16a as follows:

(105 ILCS 5/10-16a)

Sec. 10-16a. School board member's leadership training.

(a) This Section applies to all school board members serving pursuant to Section 10-10 of this Code who have been elected after the effective date of this amendatory Act of the 97th General Assembly or appointed to fill a vacancy of at least one year's duration after the effective date of this amendatory Act of the 97th General Assembly.

(b) Every voting member of a school board of a school district elected or appointed for a term beginning after the effective date of this amendatory Act of the 97th General Assembly, within a year after the effective date of this amendatory Act of the 97th General Assembly or the first year of his or her first term, shall complete a minimum of 4 hours of professional development leadership training covering topics in education and labor law, financial oversight and accountability, fiduciary responsibilities of a school board member, and, beginning with the 2023-2024 school year, trauma-informed practices for students and staff, and, beginning with the 2024-2025 school year, LGBTQ+ inclusivity. The school district shall maintain on its Internet website, if any, the names of all voting members of the school board who have successfully completed the training.

(b-5) The training regarding trauma-informed practices for students and staff required by this Section must include information that is relevant to and within the scope of the duties of a school board member. Such information may include, but is not limited to:

(1) the recognition of and care for trauma in students and staff;

(2) the relationship between staff wellness and student learning;

(3) the effect of trauma on student behavior and learning;

(4) the prevalence of trauma among students, including the prevalence of trauma among student populations at higher risk of experiencing trauma;

(5) the effects of implicit or explicit bias on recognizing trauma among various student groups in connection with race, ethnicity, gender identity, sexual orientation, socio-economic status, and other relevant factors; and

(6) effective district and school practices that are shown to:

(A) prevent and mitigate the negative effect of trauma on student behavior and learning; and

(B) support the emotional wellness of staff.

(b-10) As used in this subsection:

"Family structure" means the combination of persons that comprises a family, including the presence or absence of legally married spouses or cohabitating non-married partners.

"Gender" means a socially constructed identity centering around notions of masculinity, femininity, and androgyny, which includes aspects of identity and expression.

"Gender expression" means the way in which people express their gender identity.

"Heteronormative structure" means denoting or relating to a world view that promotes heterosexuality as the normal or preferred sexual orientation.

"Sex" means a medical label used to categorize people according to their chromosomes, hormones, genitalia, and secondary sex characteristics, usually assigned at birth as male or female by a doctor, although there are many variations outside of that socially constructed binary, such as intersex.

"Sexual behavior" means all activities that gratify an individual's sexual needs.

"Sexual orientation" means an aspect of an individual's identity that determines whom the individual focuses the individual's sexual or erotic drives, desires, and fantasies toward.

The training regarding LGBTQ+ inclusivity required by this Section must include information that is relevant to and within the scope of the duties of a school board member. Such information may include, but is not limited to:

(1) understanding the difference between sex, gender, and sexual orientation;

(2) knowledge of family structures beyond the heteronormative structure;

(3) nondiscriminatory education on the basis of gender, gender identity, gender expression, sexual orientation, and sexual behavior;

(4) understanding the struggles of LGBTQ+ youth in schools;

(5) the contributions of LGBTQ+ individuals regarding history, social sciences, arts, and humanities; and

(6) the effects and risks of outing a student's gender identity or sexual orientation to the student's parents.

(c) The training on financial oversight, accountability, fiduciary responsibilities, and, beginning with the 2023-2024 2023-24 school year, trauma-informed practices for students and staff, and, beginning with the 2024-2025 school year, LGBTQ+ inclusivity may be provided by an association established under this Code for the purpose of training school board members or by other qualified providers approved by the State Board of Education, in consultation with an association so established.

(d) The State Board of Education may adopt rules that are necessary for the administration of the provisions of this Section.

(Source: P.A. 102-638, eff. 1-1-23.)