Full Text of HB1736 102nd General Assembly
HB1736ham001 102ND GENERAL ASSEMBLY | Rep. Kathleen Willis Filed: 3/9/2021
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| 1 | | AMENDMENT TO HOUSE BILL 1736
| 2 | | AMENDMENT NO. ______. Amend House Bill 1736 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The School Code is amended by changing | 5 | | Sections 10-23.13, 27A-5, and 34-18.8 and by adding Section | 6 | | 27-9.1a as follows: | 7 | | (105 ILCS 5/10-23.13) | 8 | | Sec. 10-23.13. Policies addressing sexual abuse. | 9 | | (a) In this Section, "evidence-informed" refers to | 10 | | modalities that were created utilizing components of | 11 | | evidence-based treatments or curriculums. | 12 | | (b) To adopt and implement , by no later than July 1, 2022, | 13 | | a policy addressing sexual abuse of children that shall may | 14 | | include an age-appropriate and evidence-informed curriculum | 15 | | for students in pre-K through 12th 5th grade; | 16 | | evidence-informed training for school personnel on child |
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| 1 | | sexual abuse; evidence-informed educational information to | 2 | | parents or guardians provided in the school handbook on the | 3 | | warning signs of a child being abused, along with any needed | 4 | | assistance, referral, or resource information; available | 5 | | counseling and resources for students affected by sexual | 6 | | abuse; and emotional and educational support for a child of | 7 | | abuse to continue to be successful in school. A school | 8 | | district shall include in its policy and all training | 9 | | materials and instruction a definition of prohibited grooming | 10 | | behaviors and boundary violations for school personnel and how | 11 | | to report these behaviors to school authorities. | 12 | | Any policy adopted under this Section shall may address | 13 | | without limitation: | 14 | | (1) methods for increasing teacher, student, and | 15 | | parent awareness of issues regarding sexual abuse of | 16 | | children, including awareness and knowledge of likely | 17 | | warning signs indicating that a child may be a victim of | 18 | | sexual abuse , awareness and knowledge of grooming | 19 | | behaviors and how to report those behaviors to school | 20 | | authorities, and how to prevent child abuse from | 21 | | happening ; | 22 | | (1.5) evidence-informed training for school personnel | 23 | | on preventing, recognizing, reporting, and responding to | 24 | | child sexual abuse and grooming behavior, including, but | 25 | | not limited to, training as outlined in Section 10-22.39; | 26 | | (2) options actions that a student child who is a |
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| 1 | | victim of sexual abuse has should take to obtain | 2 | | assistance and intervention; and | 3 | | (3) available counseling options for students affected | 4 | | by sexual abuse ; . | 5 | | (4) methods for educating school personnel, students, | 6 | | and staff on how to report child abuse to law enforcement | 7 | | authorities and to the Department of Children and Family | 8 | | Services and how to report grooming behaviors to school | 9 | | authorities; and | 10 | | (5) education and information about children's | 11 | | advocacy centers and sexual assault centers and | 12 | | information about how to access a children's advocacy | 13 | | center or sexual assault center serving the district. | 14 | | This Section may be referred to as Erin's Law.
| 15 | | (Source: P.A. 96-1524, eff. 2-14-11.) | 16 | | (105 ILCS 5/27-9.1a new) | 17 | | Sec. 27-9.1a. Responsible education for adolescent and | 18 | | children's health (REACH). | 19 | | (a) This Section may be referred to as the REACH Law. | 20 | | (b) The General Assembly finds all of the following: | 21 | | (1) Personal health and safety education can encourage | 22 | | better sexual health outcomes, reduce stigmas, and prepare | 23 | | young people to lead healthy and fulfilling lives. | 24 | | (2) Students who receive personal health and safety | 25 | | education that includes health-positive instruction on |
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| 1 | | sexual orientation, gender identity, and gender expression | 2 | | report less bullying and
harassment. | 3 | | (3) The leading health and education organizations | 4 | | support personal health and safety education that includes | 5 | | information about both delaying sexual activity and the | 6 | | effective use of contraception. | 7 | | (4) Students often lack the education and support | 8 | | needed to prevent unwanted or mistimed pregnancy, HIV, and | 9 | | other sexually transmitted infections, to develop healthy | 10 | | relationships, to plan for personal safety, and to develop | 11 | | decision-making skills. | 12 | | (5) Schools have a responsibility to address child | 13 | | abuse, harassment, bullying, inter-personal violence, and | 14 | | personal safety issues, which can have a significant | 15 | | impact on a student's emotional and physical well-being | 16 | | and academic success. | 17 | | It is the intent of the General Assembly that | 18 | | comprehensive personal health and safety education shall | 19 | | promote awareness and healthy attitudes about growth and | 20 | | development, body image, gender identity, gender expression, | 21 | | sexuality, sexual health, sexual orientation, consent, dating, | 22 | | relationships, and families; should be designed to promote | 23 | | positive behaviors and reduce health-related risk behaviors; | 24 | | and must be available to students in kindergarten through 12th | 25 | | grade and provide students with the information, skills, and | 26 | | support needed to acquire accurate information to make healthy |
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| 1 | | decisions throughout their lives. | 2 | | (c) In this Section: | 3 | | "Abstinence" means to refrain from engaging in any sexual | 4 | | behavior or from engaging in specific sexual behavior, such as | 5 | | sexual intercourse, either continuously or periodically. | 6 | | "Age and developmentally appropriate" means suitable for a | 7 | | particular age or age group of children and adolescents, based | 8 | | on the cognitive, emotional, and behavioral development | 9 | | typical of that age or age group. | 10 | | "Characteristics of effective programs" means the aspects | 11 | | of evidence-based programs, including development, content, | 12 | | and the implementation of programs that have been shown to be | 13 | | effective in increasing knowledge, clarifying values and | 14 | | attitudes, increasing skills, and impacting behavior and are | 15 | | widely recognized by leading medical and public health | 16 | | agencies to be effective in changing sexual behaviors that | 17 | | lead to sexually transmitted infections, including HIV, | 18 | | unwanted or mistimed pregnancy, dating violence, and sexual | 19 | | violence among young people. | 20 | | "Comprehensive personal health and safety education" means | 21 | | instruction in a comprehensive school health education | 22 | | approach that addresses the physical, mental, emotional, and | 23 | | social dimensions of human sexuality and is designed to | 24 | | motivate and assist students in maintaining and improving | 25 | | sexual health, developing skills for engaging in healthy | 26 | | relationships, preventing abuse, preventing sexual and |
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| 1 | | interpersonal violence,
preventing infection, and reducing | 2 | | sexual health-related risk behaviors and to enable and empower | 3 | | students to develop and demonstrate developmentally and | 4 | | culturally appropriate sexuality and sexual health-related | 5 | | knowledge, attitudes, skills, and practices. | 6 | | "Consent" means knowing, affirmative, conscious, and | 7 | | voluntary agreement to engage in specific interpersonal, | 8 | | physical, or sexual activity at a given time. | 9 | | "Culturally appropriate" means materials and instruction | 10 | | that are inclusive of the experiences and needs of communities | 11 | | of color, communities of all ethnic and cultural backgrounds, | 12 | | immigrant communities, people whose primary language is not | 13 | | English, people of diverse sexual orientations, gender | 14 | | identities, and gender expressions, people who are intersex, | 15 | | people with disabilities, people who have experienced sexual | 16 | | victimization, and people whose experiences have traditionally | 17 | | been left out of sexual health education, programs, and | 18 | | policies. | 19 | | "Gender stereotype" means a generalized view or | 20 | | preconception about what attributes, characteristics, or roles | 21 | | are or ought to be taught, possessed by, or performed by people | 22 | | based on their gender identity. | 23 | | "Human trafficking" means the recruitment, harboring, | 24 | | transportation, provision, obtaining, patronizing, or | 25 | | soliciting of a person for the purpose of labor, involuntary | 26 | | servitude, debt bondage, slavery, or a commercial sex act, |
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| 1 | | which is induced by force, fraud, or coercion or in which the | 2 | | person induced has not attained 18 years of age. | 3 | | "Inclusive" means a curriculum that ensures that students | 4 | | from marginalized communities that include, but are not | 5 | | limited to, communities of color, immigrant communities, | 6 | | people of diverse sexual orientations, gender identities, and | 7 | | gender expressions, people who are intersex, people with | 8 | | disabilities, people who have experienced sexual | 9 | | victimization, and others whose experiences have been | 10 | | traditionally left out of personal health and safety education | 11 | | or related programs and policies are included in classroom | 12 | | materials and lessons. | 13 | | "Medically accurate and complete" means that the | 14 | | information provided through instruction is verified or | 15 | | supported by research conducted in compliance with accepted | 16 | | scientific methods and is published in peer-reviewed journals | 17 | | by the federal Centers for Disease Control and Prevention, the | 18 | | American Public Health Association, the American Academy of | 19 | | Pediatrics, and the American College of Obstetricians and | 20 | | Gynecologists, if applicable, or a program contains | 21 | | information that leading professional public health or medical | 22 | | organizations, government agencies, and scientific advisory | 23 | | groups with relevant expertise in the field recognize as | 24 | | accurate, objective, and complete and the program does not | 25 | | withhold information about external anatomy involved in sexual | 26 | | functioning or in the effectiveness and benefits of correct |
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| 1 | | and consistent use of condoms and other contraceptives. | 2 | | "Sexting" means the act of sending, sharing, receiving, or | 3 | | forwarding a sexually explicit or sexually suggestive image, | 4 | | video, or text message by a digital or electronic device, | 5 | | including, but not limited to, a mobile or cellular telephone | 6 | | or a computer. | 7 | | "Sexual development" means the lifelong process of | 8 | | physical, behavioral, cognitive, and emotional growth and | 9 | | changes as it relates to an individual's sexuality and sexual | 10 | | maturation. "Sexual development" includes puberty, identity | 11 | | development, socio-cultural influences, and sexual behaviors. | 12 | | "Sexual violence" means an act of a sexual nature that is | 13 | | committed or attempted by another person without the freely | 14 | | given consent of the victim or against someone who is unable to | 15 | | consent or refuse. "Sexual violence" includes acts of sexual | 16 | | harassment, sexual abuse, and sexual assault. | 17 | | "Trauma informed" means to address vital information about | 18 | | sexuality and well-being that takes into consideration how | 19 | | adverse life experiences may potentially influence a person's | 20 | | well-being and decision making. | 21 | | (d) Comprehensive personal health and safety education | 22 | | requirements for course materials and instruction under this | 23 | | Section are as follows: | 24 | | (1) Beginning no later than July 1, 2022, | 25 | | comprehensive personal health and safety education shall | 26 | | do all of the following: |
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| 1 | | (A) Reflect the characteristics of effective
| 2 | | programs. | 3 | | (B) Use and implement curricula that is trauma | 4 | | informed. | 5 | | (C) Use or adopt curricula, materials, and | 6 | | instruction that are inclusive and address the | 7 | | experiences and needs of all youth in the school. | 8 | | (D) Be accessible to students with disabilities, | 9 | | which may include the use of a modified curriculum, | 10 | | materials, instruction in alternative formats, and | 11 | | auxiliary aids. | 12 | | (E) Allow instructors to answer questions | 13 | | initiated by a student that are related to and | 14 | | consistent with the material of the course. | 15 | | (F) Create a safe, inclusive, and culturally | 16 | | appropriate environment for all students to learn | 17 | | about and discuss personal health and healthy | 18 | | relationships. | 19 | | (G) Comply with standards developed by the State | 20 | | Board of Education. | 21 | | (2) Beginning no later than July 1, 2022, | 22 | | comprehensive personal health and safety education | 23 | | materials and instruction may not: | 24 | | (A) use shame-based or stigmatizing language or | 25 | | instructional tools; | 26 | | (B) stigmatize parenting or sexually active youth; |
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| 1 | | (C) stigmatize or further victimize students | 2 | | impacted by sexual violence; | 3 | | (D) discriminate on the basis of sex, race, | 4 | | ethnicity, national origin, disability, religion, | 5 | | gender expression, gender identity, or sexual | 6 | | orientation; | 7 | | (E) exclude the health needs of individuals who | 8 | | are intersex or individuals of diverse sexual | 9 | | orientations, gender identities, or gender | 10 | | expressions; | 11 | | (F) employ gender expressions; or | 12 | | (G) impose or promote any religious doctrine. | 13 | | (3) Beginning no later than July 1, 2022, | 14 | | comprehensive personal health and safety education | 15 | | instruction and materials, including materials provided or | 16 | | presented by outside organizations, resource persons, or | 17 | | guest lecturers, may not conflict with the provisions of | 18 | | this Section. All guest lecturers and resource persons | 19 | | shall have expertise in comprehensive personal health and | 20 | | safety education consistent with the provisions of this | 21 | | Section. | 22 | | (4) Beginning no later than July 1, 2022, a school | 23 | | district shall provide inclusive, medically accurate and | 24 | | complete, age and developmentally appropriate, and | 25 | | culturally appropriate comprehensive personal health and | 26 | | safety education in the 6th through 12th grades in all |
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| 1 | | public schools. Comprehensive personal health and safety | 2 | | education in the 6th through 12th grades shall include age | 3 | | and developmentally appropriate instruction on all of the | 4 | | following topics: | 5 | | (A) Human anatomy, reproduction, and sexual | 6 | | development, including, but not limited to, the | 7 | | following: | 8 | | (i) physical, social, and emotional changes; | 9 | | (ii) positive body image; | 10 | | (iii) positive sexuality, including that there | 11 | | is a range of healthy sexual behaviors that are | 12 | | affirming and pleasurable; | 13 | | (iv) the benefits of abstinence, behavioral | 14 | | changes, the use of barrier methods, medication, | 15 | | contraception, and sexually transmitted infection | 16 | | prevention measures, including, but not limited | 17 | | to, instruction that is related to how to | 18 | | effectively use condoms, barrier methods, and | 19 | | preventative medication to protect against | 20 | | sexually transmitted infections, including HIV, | 21 | | and to avoid pregnancy and how to effectively use | 22 | | each method; | 23 | | (v) the relationship between substance use and | 24 | | sexual health and behaviors; | 25 | | (vi) information about the rights of | 26 | | individuals to obtain reproductive and sexual |
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| 1 | | health care; and | 2 | | (vii) unbiased information and | 3 | | non-stigmatizing information about the options | 4 | | regarding pregnancy, including parenting, | 5 | | adoption, and abortion. | 6 | | (B) Diverse sexual orientations, gender | 7 | | identities, and gender expressions, including | 8 | | affirmative representation and health-positive | 9 | | instruction. | 10 | | (C) Gender-role stereotypes, including the | 11 | | potential harm and limitations of such stereotypes. | 12 | | (D) Healthy relationships, including, but not | 13 | | limited to: | 14 | | (i) affirming examples of diverse races, | 15 | | ethnicities, genders, sexual orientations, gender | 16 | | identities, gender expressions, and cultures; | 17 | | (ii) distinguishing between healthy and | 18 | | unhealthy relationships; | 19 | | (iii) the skills of critical thinking, problem | 20 | | solving, self-efficacy, exploring individual | 21 | | values and attitudes, and decision making about | 22 | | sexuality and relationships; | 23 | | (iv) strategies for resisting peer pressure | 24 | | and for communicating in a positive manner; and | 25 | | (v) affirmative recognition of the roles that | 26 | | traditions, values, norms, gender roles, |
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| 1 | | acculturation, family structure, beliefs, and | 2 | | political power play in how students make | 3 | | decisions that affect their sexual health. | 4 | | (E) Consent and how to give and receive consent, | 5 | | including a discussion that includes, but is not | 6 | | limited to, all of the following: | 7 | | (i) That consent is a freely given agreement
| 8 | | to sexual activity. | 9 | | (ii) That consent to one particular sexual | 10 | | activity does not constitute consent to other | 11 | | types of sexual activities. | 12 | | (iii) That a person's lack of verbal or | 13 | | physical resistance or submission resulting from | 14 | | the use or threat of force does not constitute | 15 | | consent. | 16 | | (iv) That a person's manner of dress does not | 17 | | constitute consent. | 18 | | (v) That a person's consent to past sexual | 19 | | activity does not constitute consent to future | 20 | | sexual activity. | 21 | | (vi) That a person's consent to engage in | 22 | | sexual activity with one person does not | 23 | | constitute consent to engage in sexual activity | 24 | | with another person. | 25 | | (vii) That a person can withdraw consent at | 26 | | any time. |
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| 1 | | (viii) That a person cannot consent to sexual | 2 | | activity if that person is unable to understand | 3 | | the nature of the activity or give knowing consent | 4 | | due to certain circumstances that include, but are | 5 | | not limited to: | 6 | | (I) the person is incapacitated due to the | 7 | | use or influence of alcohol or drugs; | 8 | | (II) the person is asleep or unconscious; | 9 | | (III) the person is a minor; or | 10 | | (IV) the person is incapacitated due to a | 11 | | mental disability. | 12 | | (ix) The legal age of consent in Illinois. | 13 | | (F) Personal safety, including, but not limited | 14 | | to, both of the following: | 15 | | (i) Bullying, harassment, coercion, | 16 | | intimidation, violence, and abuse. | 17 | | (ii) Information about interpersonal violence, | 18 | | sexual violence, and human trafficking. | 19 | | Information about human trafficking shall include | 20 | | both of the following: | 21 | | (I) Information on the prevalence, nature, | 22 | | and strategies to reduce the risk of human | 23 | | trafficking, techniques to set healthy | 24 | | boundaries, and how to safely seek assistance. | 25 | | (II) Information on how social media and | 26 | | mobile device applications are used for human |
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| 1 | | trafficking. | 2 | | (G) Information about the safe use of social | 3 | | media, dating or relationship websites or | 4 | | applications, and sexting, including, but not limited | 5 | | to: | 6 | | (i) the possible consequences of sharing or | 7 | | forwarding sexually explicit or sexually | 8 | | suggestive photographs or images, videos, or text | 9 | | messages; | 10 | | (ii) the identification of situations in which | 11 | | bullying or harassment may result as a consequence | 12 | | of using social media or dating applications or | 13 | | engaging in sexting; | 14 | | (iii) the
possible long-term legal, social, | 15 | | academic, and other consequences that may result | 16 | | from possessing or distributing sexual content; | 17 | | (iv) the importance of using the Internet | 18 | | safely and how social media, dating applications, | 19 | | and sexting may pose a risk to personal safety; | 20 | | and | 21 | | (v) the identification of individuals, | 22 | | including school personnel, community members, and | 23 | | parents, who may provide assistance with issues, | 24 | | concerns, or problems resulting from use of the | 25 | | Internet. | 26 | | (H) Information about local resources where |
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| 1 | | students can obtain additional information and | 2 | | confidential services related to bullying, | 3 | | interpersonal and sexual violence, suicide prevention, | 4 | | sexual and reproductive health, sexual orientation, | 5 | | gender identity, gender expression, and other related | 6 | | issues. | 7 | | (I) Information about the sex equity policy of the | 8 | | school or education system, the process for making a | 9 | | complaint, the grievance procedure, and the school | 10 | | official who is designated as the school's Title IX | 11 | | coordinator. | 12 | | (J) Information about mandated reporting of abused | 13 | | and neglected children as required by the Abused and | 14 | | Neglected Child Reporting Act. | 15 | | (K) Information concerning the Abandoned Newborn | 16 | | Infant Protection Act. | 17 | | (L) Skills for effective communication with | 18 | | parents or guardians, health and social service | 19 | | professionals, other trusted adults, and peers about | 20 | | sexual health and relationships. | 21 | | (M) Skills to explore the roles that race, | 22 | | ethnicity, immigration status, religious beliefs, | 23 | | disability status, sexual orientation, gender | 24 | | identity, gender expression, economic status, and | 25 | | language within different communities play in how | 26 | | students make decisions that affect their sexual |
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| 1 | | health and relationships. | 2 | | (5) Beginning no later than July 1, 2023, a school | 3 | | district shall provide inclusive, medically accurate and | 4 | | complete, age and developmentally appropriate, and | 5 | | culturally appropriate comprehensive personal health and | 6 | | safety education in the 3rd through 5th grades in all | 7 | | public schools. Comprehensive personal health and safety | 8 | | education in the 3rd through 5th grades shall include age | 9 | | and developmentally appropriate instruction on all of the | 10 | | following topics: | 11 | | (A) Human anatomy, reproduction, and sexual | 12 | | development. | 13 | | (B) Puberty, including the physical, social, and | 14 | | emotional changes that occur during puberty and | 15 | | adolescence. | 16 | | (C) Positive body image. | 17 | | (D) Personal hygiene. | 18 | | (E) Information about diverse sexual orientations, | 19 | | gender identities, and gender expressions, including | 20 | | affirmative representation and health-positive | 21 | | instruction. | 22 | | (F) Gender-role stereotypes. | 23 | | (G) Healthy relationships, including family and | 24 | | friendships, and how to distinguish between healthy | 25 | | and unhealthy relationships. | 26 | | (H) Consent. |
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| 1 | | (I) Strategies for resisting peer pressure and for | 2 | | communicating in a positive manner. | 3 | | (J) Personal safety, including, but not limited | 4 | | to, bullying, harassment, coercion, intimidation, | 5 | | violence, and abuse. | 6 | | (K) Reliance on and communication with parents and | 7 | | trusted adults about issues related to puberty, | 8 | | developing healthy relationships, and personal safety. | 9 | | (L) Information about the safe use of social | 10 | | media, dating or relationship websites or | 11 | | applications, and sexting, including, but not limited | 12 | | to: | 13 | | (i) the possible consequences of sharing or | 14 | | forwarding sexually explicit or sexually | 15 | | suggestive photographs or images, videos, or text | 16 | | messages; | 17 | | (ii) the identification of situations in which | 18 | | bullying or harassment may result as a consequence | 19 | | of using social media and dating applications or | 20 | | engaging in sexting; | 21 | | (iii) the possible long-term legal, social, | 22 | | academic, and other consequences that may result | 23 | | from possessing or distributing sexual content; | 24 | | (iv) the importance of using the Internet | 25 | | safely and how social media, dating applications, | 26 | | and sexting may pose a risk to personal safety; |
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| 1 | | (v) the identification of individuals, | 2 | | including school personnel, community members,
and | 3 | | parents, who may provide assistance with issues, | 4 | | concerns, or problems resulting from use of the | 5 | | Internet; and | 6 | | (vi) the development of strategies for | 7 | | resisting peer pressure and for communicating in a | 8 | | positive manner. | 9 | | (M) Information about interpersonal violence, | 10 | | sexual violence, and human trafficking. The | 11 | | information about human trafficking shall include both | 12 | | of the following: | 13 | | (i) Information on the prevalence, nature, and | 14 | | strategies to reduce the risk of human | 15 | | trafficking, the techniques to set healthy | 16 | | boundaries, and how to safely seek assistance. | 17 | | (ii) Information about how social media and | 18 | | mobile device applications are used for human | 19 | | trafficking. | 20 | | (N) Information about local resources where | 21 | | students can obtain additional information and | 22 | | confidential services related to bullying, | 23 | | interpersonal and sexual violence, suicide prevention, | 24 | | sexual and reproductive health, sexual orientation, | 25 | | gender identity, gender expression, and other related | 26 | | issues. |
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| 1 | | (O) Information about the sex equity policy of the | 2 | | school or education system, the process for making a | 3 | | complaint, the grievance procedure, and the school | 4 | | official who is designated as the school's Title IX | 5 | | coordinator. | 6 | | (P) Information about mandated reporting of abused | 7 | | and neglected children as required by the Abused and | 8 | | Neglected Child Reporting Act. | 9 | | (6) Beginning no later than July 1, 2023, a school | 10 | | district shall provide inclusive, medically accurate and | 11 | | complete, age and developmentally appropriate, and | 12 | | culturally appropriate comprehensive personal health and | 13 | | safety education in the 1st and 2nd grades and in | 14 | | kindergarten if kindergarten is offered by the school. | 15 | | Comprehensive personal health and safety education in | 16 | | kindergarten through 2nd grade shall include age and | 17 | | developmentally appropriate instruction on all of the | 18 | | following topics: | 19 | | (A) Human anatomy. | 20 | | (B) Gender roles. | 21 | | (C) Diverse family structures. | 22 | | (D) Healthy relationships. | 23 | | (E) Personal bodily autonomy and the concept of | 24 | | consent. | 25 | | (F) Bullying. | 26 | | (G) How to promote personal safety, including |
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| 1 | | reliance on and communication with parents and trusted | 2 | | adults. | 3 | | (e) By no later than July 1, 2022, the State Board of | 4 | | Education shall post on its website comprehensive personal | 5 | | health and safety education resources that are inclusive, | 6 | | medically accurate and complete, age and developmentally | 7 | | appropriate, and culturally appropriate for use in | 8 | | pre-kindergarten through the 12th grade. Any comprehensive | 9 | | personal health and safety education offered to | 10 | | pre-kindergarten students shall be age and developmentally | 11 | | appropriate. | 12 | | (f) School disclosure, parental requests, and notice are | 13 | | as follows: | 14 | | (1) It is the intent of the General Assembly to: | 15 | | (A) encourage pupils to communicate with their | 16 | | parents or guardians about human sexuality and health | 17 | | needs and to respect the rights of parents and | 18 | | guardians to supervise their children's education on | 19 | | these subjects; | 20 | | (B) create a streamlined process to make it easier | 21 | | for parents and guardians to review materials and | 22 | | evaluation tools related to comprehensive personal | 23 | | health and safety education; and | 24 | | (C) recognize that although parents and guardians | 25 | | overwhelmingly support medically accurate and | 26 | | complete, age and developmentally appropriate, and |
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| 1 | | culturally appropriate comprehensive personal health | 2 | | and safety education, parents and guardians have the | 3 | | ultimate responsibility for imparting values regarding | 4 | | human sexuality to their children. | 5 | | (2) A parent or guardian of a student has the right to | 6 | | excuse his or her child from all or a part of comprehensive | 7 | | personal health and safety education and assessments | 8 | | related to that education through a passive consent | 9 | | process. A school district may not require active parental | 10 | | consent for comprehensive personal health and safety | 11 | | education. | 12 | | (3) A school district shall annually post
information | 13 | | on its Internet website about any curricula used to | 14 | | provide comprehensive personal health and safety | 15 | | education, including: | 16 | | (A) whether the instruction during the prior | 17 | | school year was provided by a teacher in the school, an | 18 | | outside organization, or a guest lecturer or resource | 19 | | person; | 20 | | (B) the number of students who received the | 21 | | instruction during the prior school year; | 22 | | (C) the number of students excused from | 23 | | instruction pursuant to this subsection (f) during the | 24 | | prior school year; | 25 | | (D) the duration of instruction, including the | 26 | | number of hours of instruction per grade level during |
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| 1 | | the prior school year; and | 2 | | (E) the name and contact information, including an | 3 | | email address, of school personnel who can respond to | 4 | | inquiries and comments about the instruction and | 5 | | materials. | 6 | | If any instruction is provided by an outside | 7 | | organization or guest lecturer or resource person, the | 8 | | school district shall specify the name of the outside | 9 | | organization or the guest lecturer or resource person and | 10 | | identify any organizations with which the guest lecturer | 11 | | or resource person may be affiliated. | 12 | | If an Internet website is not available, the | 13 | | information must be provided in another format to school | 14 | | administrators, school board members, school personnel, | 15 | | parents, guardians, students, and the public. | 16 | | (4) At the beginning of each school year or at the time | 17 | | of a student's enrollment, a school district shall notify | 18 | | the parent or guardian of each student about the | 19 | | instruction planned for the coming school year about | 20 | | comprehensive personal health and safety education and | 21 | | research on student health, behaviors, and risks. The | 22 | | notice shall do all of the following: | 23 | | (A) Advise the parent or guardian that written and | 24 | | audiovisual educational materials used in
| 25 | | comprehensive personal health and safety education, | 26 | | including materials used by an outside organization, |
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| 1 | | guest lecturer, or resource person, are available for | 2 | | inspection both to the parent or guardian and to the | 3 | | public. | 4 | | (B) Advise the parent or guardian whether the | 5 | | comprehensive personal health and safety education | 6 | | will be taught by school district personnel or by an | 7 | | outside organization, guest lecturer, or resource | 8 | | person. If comprehensive personal health and safety | 9 | | education is to be taught by an outside organization, | 10 | | guest lecturer, or resource person, the notice shall | 11 | | include the date of the instruction, the name of the | 12 | | organization or the affiliation of each guest speaker | 13 | | or resource person, and information stating the right | 14 | | of the parent or guardian to request a copy of the | 15 | | educational materials to be used. If arrangements for | 16 | | this instruction are made after the beginning of the | 17 | | school year, the notice shall be made by mail or | 18 | | another commonly used method of notification no fewer | 19 | | than 14 days before the instruction is delivered. | 20 | | (C) Include information explaining the parent's or | 21 | | guardian's right to request a copy of this Section. | 22 | | (D) Advise the parent or guardian that the parent | 23 | | or guardian has the right to excuse the student from | 24 | | comprehensive personal health and safety education and | 25 | | that, in order to excuse the student, the parent or | 26 | | guardian must submit his or her request in writing to |
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| 1 | | the school district. | 2 | | (E) State that a student will not be subject to | 3 | | disciplinary action, an academic penalty, or any other | 4 | | sanction if the student's parent or guardian requests | 5 | | the student not receive the instruction provided under | 6 | | this Section. If a student's parent or guardian | 7 | | requests that the student not receive the instruction | 8 | | provided under this Section, the school is encouraged | 9 | | to provide alternative assignments on a related topic. | 10 | | (F) Identify the name and contact information, | 11 | | including an email address, of school personnel who | 12 | | can respond to inquiries and comments about the course | 13 | | instruction and materials. | 14 | | (g) A school district may collaborate with a local public | 15 | | health department to identify and designate a qualified | 16 | | employee of the local public health department as the school | 17 | | district's point of contact for the purposes of responding to | 18 | | inquiries and comments about course instruction and materials | 19 | | under this Section. | 20 | | (h) No later than July 1, 2022, the State Board of | 21 | | Education shall develop, maintain, and make publicly available | 22 | | State standards consistent with this Section that include, but | 23 | | are not limited to, the national standards developed by | 24 | | organizations such as Advocates for Youth, Answer, and the | 25 | | Sexuality Information and Education Council of the United | 26 | | States (SIECUS). In developing standards, the State Board |
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| 1 | | shall engage and seek the advice and input of stakeholders, | 2 | | including, but not limited to, youth, parents, educators, | 3 | | social workers, sexual and interpersonal violence prevention | 4 | | experts, health care providers, and advocates. | 5 | | (i) The State Board of Education shall adopt rules to | 6 | | implement, administer, and ensure compliance with this | 7 | | Section.
| 8 | | (105 ILCS 5/27A-5)
| 9 | | Sec. 27A-5. Charter school; legal entity; requirements.
| 10 | | (a) A charter school shall be a public, nonsectarian, | 11 | | nonreligious, non-home
based, and non-profit school. A charter | 12 | | school shall be organized and operated
as a nonprofit | 13 | | corporation or other discrete, legal, nonprofit entity
| 14 | | authorized under the laws of the State of Illinois.
| 15 | | (b) A charter school may be established under this Article | 16 | | by creating a new
school or by converting an existing public | 17 | | school or attendance center to
charter
school status.
| 18 | | Beginning on April 16, 2003 (the effective date of Public Act | 19 | | 93-3), in all new
applications to establish
a charter
school | 20 | | in a city having a population exceeding 500,000, operation of | 21 | | the
charter
school shall be limited to one campus. The changes | 22 | | made to this Section by Public Act 93-3 do not apply to charter | 23 | | schools existing or approved on or before April 16, 2003 (the
| 24 | | effective date of Public Act 93-3). | 25 | | (b-5) In this subsection (b-5), "virtual-schooling" means |
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| 1 | | a cyber school where students engage in online curriculum and | 2 | | instruction via the Internet and electronic communication with | 3 | | their teachers at remote locations and with students | 4 | | participating at different times. | 5 | | From April 1, 2013 through December 31, 2016, there is a | 6 | | moratorium on the establishment of charter schools with | 7 | | virtual-schooling components in school districts other than a | 8 | | school district organized under Article 34 of this Code. This | 9 | | moratorium does not apply to a charter school with | 10 | | virtual-schooling components existing or approved prior to | 11 | | April 1, 2013 or to the renewal of the charter of a charter | 12 | | school with virtual-schooling components already approved | 13 | | prior to April 1, 2013.
| 14 | | (c) A charter school shall be administered and governed by | 15 | | its board of
directors or other governing body
in the manner | 16 | | provided in its charter. The governing body of a charter | 17 | | school
shall be subject to the Freedom of Information Act and | 18 | | the Open Meetings Act. No later than January 1, 2021 ( one year | 19 | | after the effective date of Public Act 101-291) this | 20 | | amendatory Act of the 101st General Assembly , a charter | 21 | | school's board of directors or other governing body must | 22 | | include at least one parent or guardian of a pupil currently | 23 | | enrolled in the charter school who may be selected through the | 24 | | charter school or a charter network election, appointment by | 25 | | the charter school's board of directors or other governing | 26 | | body, or by the charter school's Parent Teacher Organization |
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| 1 | | or its equivalent. | 2 | | (c-5) No later than January 1, 2021 ( one year after the | 3 | | effective date of Public Act 101-291) this amendatory Act of | 4 | | the 101st General Assembly or within the first year of his or | 5 | | her first term, every voting member of a charter school's | 6 | | board of directors or other governing body shall complete a | 7 | | minimum of 4 hours of professional development leadership | 8 | | training to ensure that each member has sufficient familiarity | 9 | | with the board's or governing body's role and | 10 | | responsibilities, including financial oversight and | 11 | | accountability of the school, evaluating the principal's and | 12 | | school's performance, adherence to the Freedom of Information | 13 | | Act and the Open Meetings Act Acts , and compliance with | 14 | | education and labor law. In each subsequent year of his or her | 15 | | term, a voting member of a charter school's board of directors | 16 | | or other governing body shall complete a minimum of 2 hours of | 17 | | professional development training in these same areas. The | 18 | | training under this subsection may be provided or certified by | 19 | | a statewide charter school membership association or may be | 20 | | provided or certified by other qualified providers approved by | 21 | | the State Board of Education.
| 22 | | (d) For purposes of this subsection (d), "non-curricular | 23 | | health and safety requirement" means any health and safety | 24 | | requirement created by statute or rule to provide, maintain, | 25 | | preserve, or safeguard safe or healthful conditions for | 26 | | students and school personnel or to eliminate, reduce, or |
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| 1 | | prevent threats to the health and safety of students and | 2 | | school personnel. "Non-curricular health and safety | 3 | | requirement" does not include any course of study or | 4 | | specialized instructional requirement for which the State | 5 | | Board has established goals and learning standards or which is | 6 | | designed primarily to impart knowledge and skills for students | 7 | | to master and apply as an outcome of their education. | 8 | | A charter school shall comply with all non-curricular | 9 | | health and safety
requirements applicable to public schools | 10 | | under the laws of the State of
Illinois. On or before September | 11 | | 1, 2015, the State Board shall promulgate and post on its | 12 | | Internet website a list of non-curricular health and safety | 13 | | requirements that a charter school must meet. The list shall | 14 | | be updated annually no later than September 1. Any charter | 15 | | contract between a charter school and its authorizer must | 16 | | contain a provision that requires the charter school to follow | 17 | | the list of all non-curricular health and safety requirements | 18 | | promulgated by the State Board and any non-curricular health | 19 | | and safety requirements added by the State Board to such list | 20 | | during the term of the charter. Nothing in this subsection (d) | 21 | | precludes an authorizer from including non-curricular health | 22 | | and safety requirements in a charter school contract that are | 23 | | not contained in the list promulgated by the State Board, | 24 | | including non-curricular health and safety requirements of the | 25 | | authorizing local school board.
| 26 | | (e) Except as otherwise provided in the School Code, a |
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| 1 | | charter school shall
not charge tuition; provided that a | 2 | | charter school may charge reasonable fees
for textbooks, | 3 | | instructional materials, and student activities.
| 4 | | (f) A charter school shall be responsible for the | 5 | | management and operation
of its fiscal affairs including,
but | 6 | | not limited to, the preparation of its budget. An audit of each | 7 | | charter
school's finances shall be conducted annually by an | 8 | | outside, independent
contractor retained by the charter | 9 | | school. To ensure financial accountability for the use of | 10 | | public funds, on or before December 1 of every year of | 11 | | operation, each charter school shall submit to its authorizer | 12 | | and the State Board a copy of its audit and a copy of the Form | 13 | | 990 the charter school filed that year with the federal | 14 | | Internal Revenue Service. In addition, if deemed necessary for | 15 | | proper financial oversight of the charter school, an | 16 | | authorizer may require quarterly financial statements from | 17 | | each charter school.
| 18 | | (g) A charter school shall comply with all provisions of | 19 | | this Article, the Illinois Educational Labor Relations Act, | 20 | | all federal and State laws and rules applicable to public | 21 | | schools that pertain to special education and the instruction | 22 | | of English learners, and
its charter. A charter
school is | 23 | | exempt from all other State laws and regulations in this Code
| 24 | | governing public
schools and local school board policies; | 25 | | however, a charter school is not exempt from the following:
| 26 | | (1) Sections 10-21.9 and 34-18.5 of this Code |
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| 1 | | regarding criminal
history records checks and checks of | 2 | | the Statewide Sex Offender Database and Statewide Murderer | 3 | | and Violent Offender Against Youth Database of applicants | 4 | | for employment;
| 5 | | (2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and | 6 | | 34-84a of this Code regarding discipline of
students;
| 7 | | (3) the Local Governmental and Governmental Employees | 8 | | Tort Immunity Act;
| 9 | | (4) Section 108.75 of the General Not For Profit | 10 | | Corporation Act of 1986
regarding indemnification of | 11 | | officers, directors, employees, and agents;
| 12 | | (5) the Abused and Neglected Child Reporting Act;
| 13 | | (5.5) subsection (b) of Section 10-23.12 and | 14 | | subsection (b) of Section 34-18.6 of this Code; | 15 | | (6) the Illinois School Student Records Act;
| 16 | | (7) Section 10-17a of this Code regarding school | 17 | | report cards;
| 18 | | (8) the P-20 Longitudinal Education Data System Act; | 19 | | (9) Section 27-23.7 of this Code regarding bullying | 20 | | prevention; | 21 | | (10) Section 2-3.162 of this Code regarding student | 22 | | discipline reporting; | 23 | | (11) Sections 22-80 and 27-8.1 of this Code; | 24 | | (12) Sections 10-20.60 and 34-18.53 of this Code; | 25 | | (13) Sections 10-20.63 and 34-18.56 of this Code; | 26 | | (14) Section 26-18 of this Code; |
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| 1 | | (15) Section 22-30 of this Code; and | 2 | | (16) Sections 24-12 and 34-85 of this Code ; . | 3 | | (17) the (16) The Seizure Smart School Act ; . | 4 | | (18) Section 10-23.13 of this Code; | 5 | | (19) Section 27-9.1a of this Code; and | 6 | | (20) Section 34-18.8 of this Code. | 7 | | The change made by Public Act 96-104 to this subsection | 8 | | (g) is declaratory of existing law. | 9 | | (h) A charter school may negotiate and contract with a | 10 | | school district, the
governing body of a State college or | 11 | | university or public community college, or
any other public or | 12 | | for-profit or nonprofit private entity for: (i) the use
of a | 13 | | school building and grounds or any other real property or | 14 | | facilities that
the charter school desires to use or convert | 15 | | for use as a charter school site,
(ii) the operation and | 16 | | maintenance thereof, and
(iii) the provision of any service, | 17 | | activity, or undertaking that the charter
school is required | 18 | | to perform in order to carry out the terms of its charter.
| 19 | | However, a charter school
that is established on
or
after | 20 | | April 16, 2003 (the effective date of Public Act 93-3) and that | 21 | | operates
in a city having a population exceeding
500,000 may | 22 | | not contract with a for-profit entity to
manage or operate the | 23 | | school during the period that commences on April 16, 2003 (the
| 24 | | effective date of Public Act 93-3) and
concludes at the end of | 25 | | the 2004-2005 school year.
Except as provided in subsection | 26 | | (i) of this Section, a school district may
charge a charter |
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| 1 | | school reasonable rent for the use of the district's
| 2 | | buildings, grounds, and facilities. Any services for which a | 3 | | charter school
contracts
with a school district shall be | 4 | | provided by the district at cost. Any services
for which a | 5 | | charter school contracts with a local school board or with the
| 6 | | governing body of a State college or university or public | 7 | | community college
shall be provided by the public entity at | 8 | | cost.
| 9 | | (i) In no event shall a charter school that is established | 10 | | by converting an
existing school or attendance center to | 11 | | charter school status be required to
pay rent for space
that is | 12 | | deemed available, as negotiated and provided in the charter | 13 | | agreement,
in school district
facilities. However, all other | 14 | | costs for the operation and maintenance of
school district | 15 | | facilities that are used by the charter school shall be | 16 | | subject
to negotiation between
the charter school and the | 17 | | local school board and shall be set forth in the
charter.
| 18 | | (j) A charter school may limit student enrollment by age | 19 | | or grade level.
| 20 | | (k) If the charter school is approved by the State Board or | 21 | | Commission, then the charter school is its own local education | 22 | | agency. | 23 | | (Source: P.A. 100-29, eff. 1-1-18; 100-156, eff. 1-1-18; | 24 | | 100-163, eff. 1-1-18; 100-413, eff. 1-1-18; 100-468, eff. | 25 | | 6-1-18; 100-726, eff. 1-1-19; 100-863, eff. 8-14-18; 101-50, | 26 | | eff. 7-1-20; 101-81, eff. 7-12-19; 101-291, eff. 1-1-20; |
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| 1 | | 101-531, eff. 8-23-19; 101-543, eff. 8-23-19; revised 8-4-20.)
| 2 | | (105 ILCS 5/34-18.8) (from Ch. 122, par. 34-18.8)
| 3 | | Sec. 34-18.8. HIV AIDS training. School guidance | 4 | | counselors, nurses,
teachers and other school personnel who | 5 | | work with pupils shall
may be trained to have a basic knowledge | 6 | | of matters relating
to human immunodeficiency virus (HIV) | 7 | | acquired immunodeficiency syndrome (AIDS) , including the | 8 | | nature of the infection
disease , its causes and effects, the | 9 | | means of detecting it and preventing
its transmission, the | 10 | | availability of appropriate sources of counseling and
| 11 | | referral, and any other medically accurate information that is | 12 | | age and developmentally appropriate for may be appropriate | 13 | | considering the
age and grade level of such pupils. The Board | 14 | | of Education shall supervise
such training. The State Board of | 15 | | Education and the Department of Public
Health shall jointly | 16 | | develop standards for such training.
| 17 | | (Source: P.A. 86-900.)
| 18 | | (105 ILCS 5/27-9.1 rep.)
| 19 | | (105 ILCS 5/27-9.2 rep.)
| 20 | | (105 ILCS 5/27-11 rep.)
| 21 | | Section 10. The School Code is amended by repealing | 22 | | Sections 27-9.1, 27-9.2, and 27-11.
| 23 | | Section 99. Effective date. This Act takes effect upon |
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| 1 | | becoming law.".
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