Full Text of HB5394 103rd General Assembly
HB5394ham001 103RD GENERAL ASSEMBLY | Rep. Laura Faver Dias Filed: 4/15/2024 | | 10300HB5394ham001 | | LRB103 39286 RJT 72361 a |
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| 1 | | AMENDMENT TO HOUSE BILL 5394
| 2 | | AMENDMENT NO. ______. Amend House Bill 5394 by replacing | 3 | | everything after the enacting clause with the following: | 4 | | "Section 5. The Critical Health Problems and Comprehensive | 5 | | Health Education Act is amended by changing Section 3 as | 6 | | follows: | 7 | | (105 ILCS 110/3) | 8 | | Sec. 3. Comprehensive Health Education Program. The | 9 | | program established under this Act shall include, but not be | 10 | | limited to, the following major educational areas as a basis | 11 | | for curricula in all elementary and secondary schools in this | 12 | | State: human ecology and health; human growth and development; | 13 | | the emotional, psychological, physiological, hygienic, and | 14 | | social responsibilities of family life, including sexual | 15 | | abstinence until marriage; the prevention and control of | 16 | | disease, including instruction in grades 6 through 12 on the |
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| 1 | | prevention, transmission, and spread of AIDS; age-appropriate | 2 | | sexual abuse and assault awareness and prevention education in | 3 | | grades pre-kindergarten through 12; public and environmental | 4 | | health; consumer health; safety education and disaster | 5 | | survival; mental health and illness; personal health habits; | 6 | | alcohol and drug use and abuse, including the medical and | 7 | | legal ramifications of alcohol, drug, and tobacco use; abuse | 8 | | during pregnancy; evidence-based and medically accurate | 9 | | information regarding sexual abstinence; tobacco and | 10 | | e-cigarettes and other vapor devices; nutrition; and dental | 11 | | health. The instruction on mental health and illness must | 12 | | evaluate the multiple dimensions of health by reviewing the | 13 | | relationship between physical and mental health so as to | 14 | | enhance student understanding, attitudes, and behaviors that | 15 | | promote health, well-being, and human dignity and must include | 16 | | how and where to find mental health resources and specialized | 17 | | treatment in the State. The program shall also provide course | 18 | | material and instruction to advise pupils of the Abandoned | 19 | | Newborn Infant Protection Act. The program shall include | 20 | | information about cancer, including, without limitation, types | 21 | | of cancer, signs and symptoms, risk factors, the importance of | 22 | | early prevention and detection, and information on where to go | 23 | | for help. Notwithstanding the above educational areas, the | 24 | | following areas may also be included as a basis for curricula | 25 | | in all elementary and secondary schools in this State: basic | 26 | | first aid (including, but not limited to, cardiopulmonary |
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| 1 | | resuscitation and the Heimlich maneuver), heart disease, | 2 | | diabetes, stroke, the prevention of child abuse, neglect, and | 3 | | suicide, and teen dating violence in grades 7 through 12. | 4 | | Beginning with the 2014-2015 school year, training on how to | 5 | | properly administer cardiopulmonary resuscitation (which | 6 | | training must be in accordance with standards of the American | 7 | | Red Cross, the American Heart Association, or another | 8 | | nationally recognized certifying organization) and how to use | 9 | | an automated external defibrillator shall be included as a | 10 | | basis for curricula in all secondary schools in this State. | 11 | | Beginning with the 2024-2025 school year in grades 9 | 12 | | through 12, the program shall include instruction, study, and | 13 | | discussion on the dangers of allergies. Information for the | 14 | | instruction, study, and discussion shall come from information | 15 | | provided by the Department of Public Health and the federal | 16 | | Centers for Disease Control and Prevention. This instruction, | 17 | | study, and discussion shall include, at a minimum: | 18 | | (1) recognizing the signs and symptoms of an allergic | 19 | | reaction, including anaphylaxis; | 20 | | (2) the steps to take to prevent exposure to | 21 | | allergens; and | 22 | | (3) safe emergency epinephrine administration. | 23 | | No later than 30 days after the first day of each school | 24 | | year, the The school board of each public elementary and | 25 | | secondary school in the State shall provide encourage all | 26 | | teachers , administrators, and other school personnel , as |
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| 1 | | determined by school officials, with information regarding | 2 | | emergency procedures and to acquire, develop, and maintain the | 3 | | knowledge and skills necessary to properly administer | 4 | | life-saving techniques, including, without limitation, the | 5 | | Heimlich maneuver , hands-only cardiopulmonary resuscitation, | 6 | | and use of the school district's automatic external | 7 | | defibrillator, and identify the cardiac emergency response | 8 | | team and rescue breathing . The information training shall be | 9 | | in accordance with standards of the American Red Cross, the | 10 | | American Heart Association, or another nationally recognized | 11 | | certifying organization. A school board may use the services | 12 | | of non-governmental entities whose personnel have expertise in | 13 | | life-saving techniques to instruct teachers , administrators, | 14 | | and other school personnel in these techniques. Each school | 15 | | board is encouraged to have in its employ, or on its volunteer | 16 | | staff, at least one person who is certified, by the American | 17 | | Red Cross or by another qualified certifying agency, as | 18 | | qualified to administer first aid and cardiopulmonary | 19 | | resuscitation. In addition, each school board is authorized to | 20 | | allocate appropriate portions of its institute or inservice | 21 | | days to conduct training programs for teachers and other | 22 | | school personnel who have expressed an interest in becoming | 23 | | certified qualified to administer emergency first aid or | 24 | | cardiopulmonary resuscitation. School boards are urged to | 25 | | encourage their teachers and other school personnel who coach | 26 | | school athletic programs and other extracurricular school |
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| 1 | | activities to acquire, develop, and maintain the knowledge and | 2 | | skills necessary to properly administer first aid and | 3 | | cardiopulmonary resuscitation in accordance with standards and | 4 | | requirements established by the American Red Cross or another | 5 | | qualified certifying agency. Subject to appropriation, the | 6 | | State Board of Education shall establish and administer a | 7 | | matching grant program to pay for half of the cost that a | 8 | | school district incurs in training those teachers and other | 9 | | school personnel who express an interest in becoming qualified | 10 | | to administer first aid or cardiopulmonary resuscitation | 11 | | (which training must be in accordance with standards of the | 12 | | American Red Cross, the American Heart Association, or another | 13 | | nationally recognized certifying organization) or in learning | 14 | | how to use an automated external defibrillator . A school | 15 | | district that applies for a grant must demonstrate that it has | 16 | | funds to pay half of the cost of the training for which | 17 | | matching grant money is sought. The State Board of Education | 18 | | shall award the grants on a first-come, first-serve basis. | 19 | | No pupil shall be required to take or participate in any | 20 | | class or course on AIDS or family life instruction or to | 21 | | receive training on how to properly administer cardiopulmonary | 22 | | resuscitation or how to use an automated external | 23 | | defibrillator if his or her parent or guardian submits written | 24 | | objection thereto, and refusal to take or participate in the | 25 | | course or program or the training shall not be reason for | 26 | | suspension or expulsion of the pupil. |
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| 1 | | Curricula developed under programs established in | 2 | | accordance with this Act in the major educational area of | 3 | | alcohol and drug use and abuse shall include classroom | 4 | | instruction in grades 5 through 12. The instruction, which | 5 | | shall include matters relating to both the physical and legal | 6 | | effects and ramifications of drug and substance abuse, shall | 7 | | be integrated into existing curricula; and the State Board of | 8 | | Education shall develop and make available to all elementary | 9 | | and secondary schools in this State instructional materials | 10 | | and guidelines which will assist the schools in incorporating | 11 | | the instruction into their existing curricula. In addition, | 12 | | school districts may offer, as part of existing curricula | 13 | | during the school day or as part of an after-school after | 14 | | school program, support services and instruction for pupils or | 15 | | pupils whose parent, parents, or guardians are chemically | 16 | | dependent. Curricula developed under programs established in | 17 | | accordance with this Act in the major educational area of | 18 | | alcohol and drug use and abuse shall include the instruction, | 19 | | study, and discussion required under subsection (c) of Section | 20 | | 27-13.2 of the School Code. | 21 | | (Source: P.A. 102-464, eff. 8-20-21; 102-558, eff. 8-20-21; | 22 | | 102-1034, eff. 1-1-23; 103-212, eff. 1-1-24; 103-365, eff. | 23 | | 1-1-24; revised 12-12-23.) | 24 | | Section 10. The School Safety Drill Act is amended by | 25 | | changing Section 25 and by adding Section 60 as follows: |
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| 1 | | (105 ILCS 128/25) | 2 | | Sec. 25. Annual review. | 3 | | (a) Each public school district, through its school board | 4 | | or the board's designee, shall conduct a minimum of one annual | 5 | | meeting at which it will review each school building's | 6 | | emergency and crisis response plans, protocols, and | 7 | | procedures, including procedures regarding the school | 8 | | district's threat assessment team, procedures regarding the | 9 | | school district's cardiac emergency response plan, the | 10 | | efficacy and effects of law enforcement drills, and each | 11 | | building's compliance with the school safety drill programs. | 12 | | The purpose of this annual review shall be to review and update | 13 | | the emergency and crisis response plans, protocols, and | 14 | | procedures and the school safety drill programs of the | 15 | | district and each of its school buildings. This review must be | 16 | | at no cost to the school district. In updating a school | 17 | | building's emergency and crisis response plans, consideration | 18 | | may be given to making the emergency and crisis response plans | 19 | | available to first responders, administrators, and teachers | 20 | | for implementation and utilization through the use of | 21 | | electronic applications on electronic devices, including, but | 22 | | not limited to, smartphones, tablets, and laptop computers. | 23 | | (b) Each school board or the board's designee is required | 24 | | to participate in the annual review and to invite each of the | 25 | | following parties to the annual review and provide each party |
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| 1 | | with a minimum of 30 days' notice before the date of the annual | 2 | | review: | 3 | | (1) The principal of each school within the school | 4 | | district or his or her official designee. | 5 | | (2) Representatives from any other education-related | 6 | | organization or association deemed appropriate by the | 7 | | school district. | 8 | | (3) Representatives from all local first responder | 9 | | organizations to participate, advise, and consult in the | 10 | | review process, including, but not limited to: | 11 | | (A) the appropriate local fire department or | 12 | | district; | 13 | | (B) the appropriate local law enforcement agency; | 14 | | (C) the appropriate local emergency medical | 15 | | services agency if the agency is a separate, local | 16 | | first responder unit; and | 17 | | (D) any other member of the first responder or | 18 | | emergency management community that has contacted the | 19 | | district superintendent or his or her designee during | 20 | | the past year to request involvement in a school's | 21 | | emergency planning or drill process. | 22 | | (4) The school board or its designee may also choose | 23 | | to invite to the annual review any other persons whom it | 24 | | believes will aid in the review process, including, but | 25 | | not limited to, any members of any other education-related | 26 | | organization or the first responder or emergency |
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| 1 | | management community. | 2 | | (c) Upon the conclusion of the annual review, the school | 3 | | board or the board's designee shall sign a one page report, | 4 | | which may be in either a check-off format or a narrative | 5 | | format, that does the following: | 6 | | (1) summarizes the review's recommended changes to the | 7 | | existing school safety plans and drill plans; | 8 | | (2) lists the parties that participated in the annual | 9 | | review, and includes the annual review's attendance | 10 | | record; | 11 | | (3) certifies that an effective review of the | 12 | | emergency and crisis response plans, protocols, and | 13 | | procedures and the school safety drill programs of the | 14 | | district and each of its school buildings has occurred; | 15 | | (4) states that the school district will implement | 16 | | those plans, protocols, procedures, and programs, during | 17 | | the academic year; and | 18 | | (5) includes the authorization of the school board or | 19 | | the board's designee. | 20 | | (d) The school board or its designee shall send a copy of | 21 | | the report to each party that participates in the annual | 22 | | review process and to the appropriate regional superintendent | 23 | | of schools. If any of the participating parties have comments | 24 | | on the certification document, those parties shall submit | 25 | | their comments in writing to the appropriate regional | 26 | | superintendent. The regional superintendent shall maintain a |
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| 1 | | record of these comments. The certification document may be in | 2 | | a check-off format or narrative format, at the discretion of | 3 | | the district superintendent. | 4 | | (e) The review must occur at least once during the fiscal | 5 | | year, at a specific time chosen at the school district | 6 | | superintendent's discretion. | 7 | | (f) A private school shall conduct a minimum of one annual | 8 | | meeting at which the school must review each school building's | 9 | | emergency and crisis response plans, protocols, and | 10 | | procedures , including procedures regarding the school's | 11 | | cardiac emergency response plan, and each building's | 12 | | compliance with the school safety drill programs of the | 13 | | school. The purpose of this annual review shall be to review | 14 | | and update the emergency and crisis response plans, protocols, | 15 | | and procedures and the school safety drill programs of the | 16 | | school. This review must be at no cost to the private school. | 17 | | The private school shall invite representatives from all | 18 | | local first responder organizations to participate, advise, | 19 | | and consult in the review process, including, but not limited | 20 | | to, the following: | 21 | | (1) the appropriate local fire department or fire | 22 | | protection district; | 23 | | (2) the appropriate local law enforcement agency; | 24 | | (3) the appropriate local emergency medical services | 25 | | agency if the agency is a separate, local first responder | 26 | | unit; and |
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| 1 | | (4) any other member of the first responder or | 2 | | emergency management community that has contacted the | 3 | | school's chief administrative officer or his or her | 4 | | designee during the past year to request involvement in | 5 | | the school's emergency planning or drill process. | 6 | | (Source: P.A. 101-455, eff. 8-23-19; 102-395, eff. 8-16-21.) | 7 | | (105 ILCS 128/60 new) | 8 | | Sec. 60. Cardiac emergency response plan. | 9 | | (a) A school district and a private school shall develop a | 10 | | cardiac emergency response plan in place in accordance with | 11 | | guidelines set forth by either the American Heart Association | 12 | | or other nationally recognized, evidence-based standards that | 13 | | addresses the appropriate response to incidents involving an | 14 | | individual experiencing sudden cardiac arrest or a similar | 15 | | life-threatening emergency while at a school or at a | 16 | | school-sponsored activity or event. The plan must be | 17 | | distributed to all teachers, administrators, school support | 18 | | personnel, coaches, and other school staff identified by | 19 | | school administrators at each school. | 20 | | (b) A cardiac emergency response plan shall include, but | 21 | | is not limited to, the following: | 22 | | (1) Procedures to follow in the event of a cardiac | 23 | | emergency at a school. | 24 | | (2) A listing of every automatic external | 25 | | defibrillator that is present and clearly marked or easily |
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| 1 | | accessible at school athletic venues and events and at | 2 | | school and the maintenance schedule for the automatic | 3 | | external defibrillator. The automatic external | 4 | | defibrillators shall be installed in accordance with the | 5 | | Physical Fitness Facility Medical Emergency Preparedness | 6 | | Act, guidelines from the American Heart Association, or | 7 | | other nationally recognized guidelines focused on | 8 | | emergency cardiovascular care. | 9 | | (3) Information on hands-only cardiopulmonary | 10 | | resuscitation and use of automatic external defibrillators | 11 | | to teachers, administrators, coaches, assistant coaches, | 12 | | and other school staff identified by school | 13 | | administrators, in accordance with Section 3 of the | 14 | | Critical Health Problems and Comprehensive Health | 15 | | Education Act. ". |
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