State of Illinois
92nd General Assembly
Legislation

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[ Engrossed ][ House Amendment 001 ]


92_HB0875

                                               LRB9204266NTsb

 1        AN ACT concerning education.

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

 4        Section  5.  The  School  Code  is  amended  by  changing
 5    Sections 27-9.1 and 27-9.2 as follows:

 6        (105 ILCS 5/27-9.1) (from Ch. 122, par. 27-9.1)
 7        Sec. 27-9.1.  Sex Education.
 8        (a) No pupil shall be required to take or participate  in
 9    any  class  or  course  in comprehensive sex education if his
10    parent or guardian submits  written  objection  thereto,  and
11    refusal  to  take  or  participate  in such course or program
12    shall not be reason  for  suspension  or  expulsion  of  such
13    pupil.  Each  class  or course in comprehensive sex education
14    offered  in  any  of  grades  6  through  12  shall   include
15    instruction  on  the  prevention,  transmission and spread of
16    AIDS.  Nothing  in  this  Section  prohibits  instruction  in
17    sanitation, hygiene or traditional courses in biology.
18        (b)  All public elementary, junior high, and senior  high
19    school  classes  that  teach sex education and discuss sexual
20    intercourse shall emphasize that abstinence is  the  expected
21    norm  in  that abstinence from sexual intercourse is the only
22    protection that is 100% effective  against  unwanted  teenage
23    pregnancy, sexually transmitted diseases, and acquired immune
24    deficiency syndrome (AIDS) when transmitted sexually.
25        (c)  In this subsection (c):
26        "Factual   information"   includes   without   limitation
27    medical,    psychiatric,    psychological,   empirical,   and
28    statistical statements.
29        "Medically  accurate"  means  verified  or  supported  by
30    research conducted in  compliance  with  scientific  methods,
31    published  in  peer-review  journals,  where appropriate, and
 
                            -2-                LRB9204266NTsb
 1    recognized  as  accurate  and   objective   by   professional
 2    organizations  and  agencies  with  expertise in the relevant
 3    field,  such  as  the  Centers  for   Disease   Control   and
 4    Prevention.
 5        All sex education courses that discuss sexual intercourse
 6    shall satisfy the following criteria:
 7             (0.5)  Factual   information   presented  in  course
 8        material and instruction shall be medically accurate  and
 9        objective.
10             (1)  All  course  material  and instruction shall be
11        age appropriate.
12             (1.5)  Course material and instruction shall  stress
13        that  abstinence is the only contraceptive method that is
14        100%  effective   and   that   all   other   methods   of
15        contraception  carry  a  risk  of  failure  in preventing
16        unwanted teenage pregnancy.
17             (1.7)  Course material and instruction shall present
18        the latest medically factual information  regarding  both
19        the  possible  side  effects  and  health benefits of all
20        forms of contraception, including the success and failure
21        rates  for  the  prevention  of  pregnancy  and  sexually
22        transmitted diseases.
23             (2)  Course material  and  instruction  shall  teach
24        honor and respect for monogamous heterosexual marriage.
25             (3)  Course  material  and  instruction shall stress
26        that pupils should abstain from sexual intercourse  until
27        they are ready for marriage.
28             (4)  Course material and instruction shall include a
29        discussion  of  the  possible emotional and psychological
30        consequences  of  preadolescent  and  adolescent   sexual
31        intercourse  outside  of marriage and the consequences of
32        unwanted adolescent pregnancy.
33             (5)  Course material and  instruction  shall  stress
34        that  sexually  transmitted diseases are serious possible
 
                            -3-                LRB9204266NTsb
 1        hazards of sexual intercourse. Pupils shall  be  provided
 2        with  statistics  based on the latest medical information
 3        citing the  failure  and  success  rates  of  condoms  in
 4        preventing AIDS and other sexually transmitted diseases.
 5             (6)  Course  material  and  instruction shall advise
 6        pupils  of  the  laws  pertaining  to   their   financial
 7        responsibility to children born in and out of wedlock.
 8             (7)  Course  material  and  instruction shall advise
 9        pupils that it is unlawful for males or  females  of  any
10        age  to engage in sexual conduct or have sexual relations
11        with a minor as specified in of the  circumstances  under
12        which  it  is unlawful for males to have sexual relations
13        with females under the age of 18 to  whom  they  are  not
14        married  pursuant  to  Article 12 of the Criminal Code of
15        1961, as now or hereafter amended.
16             (7.5)  Course   material   and   instruction   shall
17        emphasize  that  the  pupil  has  the  power  to  control
18        personal behavior. Pupils shall  be  encouraged  to  base
19        their  actions  on  reasoning,  self-discipline, sense of
20        responsibility, self-control, and ethical considerations,
21        such as respect for oneself and others.
22             (8)  Course material  and  instruction  shall  teach
23        pupils  to  not  make unwanted physical and verbal sexual
24        advances and how to say no to  unwanted  sexual  advances
25        and shall include information about verbal, physical, and
26        visual   sexual  assault,  including  without  limitation
27        nonconsensual  sexual  advances,  nonconsensual  physical
28        sexual contact, and rape  by  an  acquaintance,  commonly
29        referred  to  as  date  rape.  This  course  material and
30        instruction shall contain methods  of  preventing  sexual
31        assault  by  an  acquaintance,  including exercising good
32        judgment  and  avoiding  behavior   that   impairs   good
33        judgment,  and Pupils shall be taught that it is wrong to
34        take advantage of  or  to  exploit  another  person.  The
 
                            -4-                LRB9204266NTsb
 1        material  and  instruction  shall also encourage youth to
 2        resist negative peer pressure. This course  material  and
 3        instruction  shall  inform  pupils of the potential legal
 4        consequences  of  sexual  assault  by  an   acquaintance.
 5        Specifically, pupils shall be advised that it is unlawful
 6        to  touch an intimate part of another person as specified
 7        in the Criminal Code of 1961.
 8             (9)  Course material  and  instruction  shall  teach
 9        pupils  that  it  is  wrong  to  take  advantage of or to
10        exploit another person.
11             (10)  Course material and instruction shall be  free
12        of racial, ethnic, and gender biases.
13        (d)  An  opportunity  shall  be  afforded  to  parents or
14    guardians to examine the instructional materials to  be  used
15    in such class or course.
16    (Source: P.A. 86-941.)

17        (105 ILCS 5/27-9.2) (from Ch. 122, par. 27-9.2)
18        Sec. 27-9.2.  Family Life.
19        (a)  If   any   school   district   provides  courses  of
20    instruction designed to promote wholesome  and  comprehensive
21    understanding of the emotional, psychological, physiological,
22    hygienic  and  social  responsibility aspects of family life,
23    then such courses of instruction shall include  the  teaching
24    of  the  alternatives to abortion, appropriate to the various
25    grade levels; and whenever such courses  of  instruction  are
26    provided  in  any  of  grades 6 through 12, then such courses
27    also   shall   include   instruction   on   the   prevention,
28    transmission and spread of AIDS. However, no pupil  shall  be
29    required  to  take or participate in any family life class or
30    course on AIDS instruction if his parent or guardian  submits
31    written objection thereto, and refusal to take or participate
32    in  such course or program shall not be reason for suspension
33    or expulsion of such pupil.
 
                            -5-                LRB9204266NTsb
 1        (b)  In this subsection (b):
 2        "Factual   information"   includes   without   limitation
 3    medical,   psychiatric,   psychological,    empirical,    and
 4    statistical statements.
 5        "Medically  accurate"  means  verified  or  supported  by
 6    research  conducted  in  compliance  with scientific methods,
 7    published in peer-review  journals,  where  appropriate,  and
 8    recognized   as   accurate   and  objective  by  professional
 9    organizations and agencies with  expertise  in  the  relevant
10    field,   such   as   the  Centers  for  Disease  Control  and
11    Prevention.
12        All family life courses of instruction shall satisfy  the
13    following criteria:
14             (1)  Factual   information   presented   in   course
15        material  and instruction shall be medically accurate and
16        objective.
17             (2)  All course material and instruction in  classes
18        that  teach  sex education and discuss sexual intercourse
19        shall be age appropriate.
20             (3)  Course material and  instruction  shall  stress
21        that  abstinence is the only contraceptive method that is
22        100%  effective   and   that   all   other   methods   of
23        contraception  carry  a  risk  of  failure  in preventing
24        unwanted teenage pregnancy.
25             (4)  Course material and instruction  shall  present
26        the  latest  medically factual information regarding both
27        the possible side effects  and  health  benefits  of  all
28        forms of contraception, including the success and failure
29        rates  for  the  prevention  of  pregnancy  and  sexually
30        transmitted diseases.
31             (5)  Course  material  and  instruction shall stress
32        that sexually transmitted diseases are  serious  possible
33        hazards  of  sexual intercourse. Pupils shall be provided
34        with statistics based on the latest  medical  information
 
                            -6-                LRB9204266NTsb
 1        citing  the  failure  and  success  rates  of  condoms in
 2        preventing AIDS and other sexually transmitted diseases.
 3             (6)  Course material and  instruction  shall  advise
 4        pupils  that  it  is unlawful for males or females of any
 5        age to engage in sexual conduct or have sexual  relations
 6        with  a  minor as specified in Article 12 of the Criminal
 7        Code of 1961.
 8             (7)  Course material and instruction shall emphasize
 9        that  the  pupil  has  the  power  to  control   personal
10        behavior.   Pupils  shall  be  encouraged  to  base their
11        actions   on   reasoning,   self-discipline,   sense   of
12        responsibility, self-control, and ethical considerations,
13        such as respect for oneself and others.
14             (8)  Course material  and  instruction  shall  teach
15        pupils  to  not  make unwanted physical and verbal sexual
16        advances and how to say no to  unwanted  sexual  advances
17        and shall include information about verbal, physical, and
18        visual   sexual  assault,  including  without  limitation
19        nonconsensual  sexual  advances,  nonconsensual  physical
20        sexual contact, and rape  by  an  acquaintance,  commonly
21        referred  to  as  date  rape.   This  course material and
22        instruction shall contain methods  of  preventing  sexual
23        assault  by  an  acquaintance,  including exercising good
24        judgment  and  avoiding  behavior   that   impairs   good
25        judgment,  and  shall  also  encourage  youth  to  resist
26        negative   peer   pressure.   This  course  material  and
27        instruction shall inform pupils of  the  potential  legal
28        consequences   of  sexual  assault  by  an  acquaintance.
29        Specifically, pupils shall be advised that it is unlawful
30        to touch an intimate part of another person, as specified
31        in the Criminal Code of 1961.
32             (9)  Course material and instruction in classes that
33        discuss sexual intercourse shall teach pupils that it  is
34        wrong to take advantage of or to exploit another person.
 
                            -7-                LRB9204266NTsb
 1             (10)  Course  material and instruction shall be free
 2        of racial, ethnic, and gender biases.
 3        (c)  The State Superintendent of Education shall  prepare
 4    and  make  available  to  local  school  districts courses of
 5    instruction designed to  satisfy  the  requirements  of  this
 6    Section.
 7        The  State  Superintendent  of  Education shall develop a
 8    procedure for evaluating and measuring the  effectiveness  of
 9    the  family  life courses of instruction in each local school
10    district, including  the  setting  of  reasonable  goals  for
11    reduced  sexual  activity,  sexually transmitted diseases and
12    premarital pregnancy. The goals shall be set by the beginning
13    of the 1991-92 school year. The  State  Superintendent  shall
14    distribute  a  copy  of  the  procedure  to each local school
15    district. Each local school district may  develop  additional
16    procedures  or methods for measuring the effectiveness of the
17    family life  courses  of  instruction  within  the  district.
18    Before  the  beginning  of the 1993-94 school year, the State
19    Superintendent shall collect and evaluate all  relevant  data
20    to determine whether the goals are being achieved.
21    (Source: P.A. 86-941.)

22        Section   10.     The   Critical   Health   Problems  and
23    Comprehensive Health Education Act  is  amended  by  changing
24    Sections 2 and 3 as follows:

25        (105 ILCS 110/2) (from Ch. 122, par. 862)
26        Sec.  2.  Definitions.   In this Act, the following terms
27    shall have the following meanings respectively prescribed for
28    them, except as the context otherwise requires:
29        (a)  "Comprehensive   Health   Education   Program":    a
30    systematic  and  extensive  educational  program  designed to
31    provide  a  variety  of  learning  experiences   based   upon
32    scientific  knowledge  of  the human organism as it functions
 
                            -8-                LRB9204266NTsb
 1    within its environment which  will  favorably  influence  the
 2    knowledge, attitudes, values and practices of Illinois school
 3    youth;  and  which  will  aid  them  in  making wise personal
 4    decisions in matters of health.
 5        "Factual   information"   includes   without   limitation
 6    medical,   psychiatric,   psychological,    empirical,    and
 7    statistical statements.
 8        "Medically  accurate"  means  verified  or  supported  by
 9    research  conducted  in  compliance  with scientific methods,
10    published in peer-review  journals,  where  appropriate,  and
11    recognized   as   accurate   and  objective  by  professional
12    organizations and agencies with  expertise  in  the  relevant
13    field,   such   as   the  Centers  for  Disease  Control  and
14    Prevention.
15    (Source: P.A. 77-1405.)

16        (105 ILCS 110/3) (from Ch. 122, par. 863)
17        Sec. 3.  Comprehensive Health Education Program.
18        (a)  The  program  established  under  this   Act   shall
19    include,   but   not  be  limited  to,  the  following  major
20    educational areas as a basis for curricula in all  elementary
21    and  secondary  schools  in  this  State:  human  ecology and
22    health,  human  growth  and   development,   the   emotional,
23    psychological,    physiological,    hygienic    and    social
24    responsibilities  of family life, including sexual abstinence
25    until marriage, prevention and control of disease,  including
26    instruction  in  grades  6  through  12  on  the  prevention,
27    transmission  and  spread  of  AIDS, public and environmental
28    health,  consumer  health,  safety  education  and   disaster
29    survival,  mental health and illness, personal health habits,
30    alcohol, drug use, and abuse including the medical and  legal
31    ramifications of alcohol, drug, and tobacco use, abuse during
32    pregnancy,   sexual   abstinence   until  marriage,  tobacco,
33    nutrition, and dental health.
 
                            -9-                LRB9204266NTsb
 1        (b)  All   comprehensive   health   education    programs
 2    established  under  this  Act  shall  satisfy  the  following
 3    criteria:
 4             (1)  Factual   information   presented   in   course
 5        material  and instruction shall be medically accurate and
 6        objective.
 7             (2)  All course material and instruction in  classes
 8        that  teach  sex education and discuss sexual intercourse
 9        shall be age appropriate.
10             (3)  Course material and  instruction  shall  stress
11        that  abstinence is the only contraceptive method that is
12        100%  effective   and   that   all   other   methods   of
13        contraception  carry  a  risk  of  failure  in preventing
14        unwanted teenage pregnancy.
15             (4)  Course material and instruction  shall  present
16        the  latest  medically factual information regarding both
17        the possible side effects  and  health  benefits  of  all
18        forms of contraception, including the success and failure
19        rates  for  the  prevention  of  pregnancy  and  sexually
20        transmitted diseases.
21             (5)  Course  material  and  instruction shall stress
22        that sexually transmitted diseases are  serious  possible
23        hazards  of  sexual intercourse. Pupils shall be provided
24        with statistics based on the latest  medical  information
25        citing  the  failure  and  success  rates  of  condoms in
26        preventing AIDS and other sexually transmitted diseases.
27             (6)  Course material and  instruction  shall  advise
28        pupils  that  it  is unlawful for males or females of any
29        age to engage in sexual conduct or have sexual  relations
30        with  a  minor as specified in Article 12 of the Criminal
31        Code of 1961.
32             (7)  Course material and instruction shall emphasize
33        that  the  pupil  has  the  power  to  control   personal
34        behavior.   Pupils  shall  be  encouraged  to  base their
 
                            -10-               LRB9204266NTsb
 1        actions   on   reasoning,   self-discipline,   sense   of
 2        responsibility, self-control, and ethical considerations,
 3        such as respect for oneself and others.
 4             (8)  Course material  and  instruction  shall  teach
 5        pupils  to  not  make unwanted physical and verbal sexual
 6        advances and how to say no to  unwanted  sexual  advances
 7        and shall include information about verbal, physical, and
 8        visual   sexual  assault,  including  without  limitation
 9        nonconsensual  sexual  advances,  nonconsensual  physical
10        sexual contact, and rape  by  an  acquaintance,  commonly
11        referred  to  as  date  rape.   This  course material and
12        instruction shall contain methods  of  preventing  sexual
13        assault  by  an  acquaintance,  including exercising good
14        judgment  and  avoiding  behavior   that   impairs   good
15        judgment,  and  shall  also  encourage  youth  to  resist
16        negative   peer   pressure.   This  course  material  and
17        instruction shall inform pupils of  the  potential  legal
18        consequences   of  sexual  assault  by  an  acquaintance.
19        Specifically, pupils shall be advised that it is unlawful
20        to touch an intimate part of another person as  specified
21        in the Criminal Code of 1961.
22             (9)  Course material and instruction in classes that
23        discuss  sexual intercourse shall teach pupils that it is
24        wrong to take advantage of or to exploit another person.
25             (10)  Course material and instruction shall be  free
26        of racial, ethnic, and gender biases.
27        (c)  Notwithstanding  the  above  educational  areas, the
28    following areas may also be included as a basis for curricula
29    in all elementary and secondary schools in this State:  basic
30    first  aid  (including,  but  not limited to, cardiopulmonary
31    resuscitation and the Heimlich  maneuver),  early  prevention
32    and detection of cancer, heart disease, diabetes, stroke, and
33    the  prevention  of  child  abuse,  neglect, and suicide. The
34    school board of each public elementary and  secondary  school
 
                            -11-               LRB9204266NTsb
 1    in  the  State is encouraged to have in its employ, or on its
 2    volunteer staff, at least one person who is certified, by the
 3    American Red Cross or by another qualified certifying agency,
 4    as qualified to  administer  first  aid  and  cardiopulmonary
 5    resuscitation.   In addition, each school board is authorized
 6    to  allocate  appropriate  portions  of  its   institute   or
 7    inservice  days to conduct training programs for teachers and
 8    other school personnel who  have  expressed  an  interest  in
 9    becoming  qualified  to  administer  emergency  first  aid or
10    cardiopulmonary resuscitation.  School boards  are  urged  to
11    encourage their teachers and other school personnel who coach
12    school  athletic  programs  and  other extracurricular school
13    activities to acquire, develop, and  maintain  the  knowledge
14    and  skills  necessary  to  properly administer first aid and
15    cardiopulmonary resuscitation in  accordance  with  standards
16    and  requirements  established  by  the American Red Cross or
17    another qualified certifying agency.
18        (d)  No pupil shall be required to take or participate in
19    any class or course on AIDS or family life instruction if his
20    parent or guardian submits  written  objection  thereto,  and
21    refusal to take or participate in the course or program shall
22    not be reason for suspension or expulsion of the pupil.
23        (e)  Curricula  developed  under  programs established in
24    accordance with this Act in the  major  educational  area  of
25    alcohol  and  drug  use  and  abuse  shall  include classroom
26    instruction in grades 5 through 12.  The  instruction,  which
27    shall include matters relating to both the physical and legal
28    effects  and ramifications of drug and substance abuse, shall
29    be integrated into existing curricula; and the State Board of
30    Education shall develop and make available to all  elementary
31    and  secondary  schools in this State instructional materials
32    and guidelines which will assist the schools in incorporating
33    the instruction into their existing curricula.  In  addition,
34    school  districts  may  offer,  as part of existing curricula
 
                            -12-               LRB9204266NTsb
 1    during the school day or as part of an after school  program,
 2    support  services  and instruction for pupils or pupils whose
 3    parent, parents, or guardians are chemically dependent.
 4    (Source: P.A. 90-566, eff. 1-2-98.)

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

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