State of Illinois
92nd General Assembly
Legislation

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92_HB0875ham001

 










                                           LRB9204266NTsbam02

 1                     AMENDMENT TO HOUSE BILL 875

 2        AMENDMENT NO.     .  Amend House Bill  875  by  replacing
 3    everything after the enacting clause with the following:

 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
 
                            -2-            LRB9204266NTsbam02
 1    pregnancy, sexually transmitted diseases, and acquired immune
 2    deficiency syndrome (AIDS) when transmitted sexually.
 3        (c)  In this subsection (c):
 4        "Factual   information"   includes   without   limitation
 5    medical,    psychiatric,    psychological,   empirical,   and
 6    statistical statements.
 7        "Medically  accurate"  means  verified  or  supported  by
 8    research conducted in  compliance  with  scientific  methods,
 9    published  in  peer-review  journals,  where appropriate, and
10    recognized as  accurate  by  professional  organizations  and
11    agencies with expertise in the relevant field.
12        All sex education courses that discuss sexual intercourse
13    shall satisfy the following criteria:
14             (0.5)  Factual   information   presented  in  course
15        material and instruction shall be medically accurate.
16             (1)  Course material and instruction  shall  be  age
17        appropriate.
18             (2)  Course  material  and  instruction  shall teach
19        honor and respect for monogamous heterosexual marriage.
20             (3)  Course material and  instruction  shall  stress
21        that  pupils should abstain from sexual intercourse until
22        they are ready for marriage.
23             (4)  Course material and instruction shall include a
24        discussion of the possible  emotional  and  psychological
25        consequences   of  preadolescent  and  adolescent  sexual
26        intercourse outside of marriage and the  consequences  of
27        unwanted adolescent pregnancy.
28             (5)  Course  material  and  instruction shall stress
29        that sexually transmitted diseases are  serious  possible
30        hazards  of  sexual intercourse. Pupils shall be provided
31        with statistics based on the latest  medical  information
32        citing  the  failure  and  success  rates  of  condoms in
33        preventing AIDS and other sexually transmitted diseases.
34             (6)  Course material and  instruction  shall  advise
 
                            -3-            LRB9204266NTsbam02
 1        pupils   of   the  laws  pertaining  to  their  financial
 2        responsibility to children born in and out of wedlock.
 3             (7)  Course material and  instruction  shall  advise
 4        pupils  of  the  circumstances under which it is unlawful
 5        for males to have sexual relations with females under the
 6        age of 18 to  whom  they  are  not  married  pursuant  to
 7        Article  12  of  the  Criminal  Code  of  1961, as now or
 8        hereafter amended.
 9             (8)  Course material  and  instruction  shall  teach
10        pupils  to  not  make unwanted physical and verbal sexual
11        advances and how to say no to unwanted  sexual  advances.
12        Pupils shall be taught that it is wrong to take advantage
13        of  or  to  exploit  another  person.  The  material  and
14        instruction shall also encourage youth to resist negative
15        peer pressure.
16        (d)  An  opportunity  shall  be  afforded  to  parents or
17    guardians to examine the instructional materials to  be  used
18    in such class or course.
19    (Source: P.A. 86-941.)

20        (105 ILCS 5/27-9.2) (from Ch. 122, par. 27-9.2)
21        Sec. 27-9.2.  Family Life.
22        (a)  If   any   school   district   provides  courses  of
23    instruction designed to promote wholesome  and  comprehensive
24    understanding of the emotional, psychological, physiological,
25    hygienic  and  social  responsibility aspects of family life,
26    then such courses of instruction shall include  the  teaching
27    of  the  alternatives to abortion, appropriate to the various
28    grade levels; and whenever such courses  of  instruction  are
29    provided  in  any  of  grades 6 through 12, then such courses
30    also   shall   include   instruction   on   the   prevention,
31    transmission and spread of AIDS. However, no pupil  shall  be
32    required  to  take or participate in any family life class or
33    course on AIDS instruction if his parent or guardian  submits
 
                            -4-            LRB9204266NTsbam02
 1    written objection thereto, and refusal to take or participate
 2    in  such course or program shall not be reason for suspension
 3    or expulsion of such pupil.
 4        (b)  In this subsection (b):
 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  by  professional  organizations and
12    agencies with expertise in the relevant field.
13        For all  family  life  courses  of  instruction,  factual
14    information  presented  in  course  material  and instruction
15    shall be medically accurate.
16        (c)  The State Superintendent of Education shall  prepare
17    and  make  available  to  local  school  districts courses of
18    instruction designed to  satisfy  the  requirements  of  this
19    Section.
20        The  State  Superintendent  of  Education shall develop a
21    procedure for evaluating and measuring the  effectiveness  of
22    the  family  life courses of instruction in each local school
23    district, including  the  setting  of  reasonable  goals  for
24    reduced  sexual  activity,  sexually transmitted diseases and
25    premarital pregnancy. The goals shall be set by the beginning
26    of the 1991-92 school year. The  State  Superintendent  shall
27    distribute  a  copy  of  the  procedure  to each local school
28    district. Each local school district may  develop  additional
29    procedures  or methods for measuring the effectiveness of the
30    family life  courses  of  instruction  within  the  district.
31    Before  the  beginning  of the 1993-94 school year, the State
32    Superintendent shall collect and evaluate all  relevant  data
33    to determine whether the goals are being achieved.
34    (Source: P.A. 86-941.)
 
                            -5-            LRB9204266NTsbam02
 1        Section    10.  The    Critical   Health   Problems   and
 2    Comprehensive Health Education Act  is  amended  by  changing
 3    Sections 2 and 3 as follows:

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

25        (105 ILCS 110/3) (from Ch. 122, par. 863)
26        Sec. 3.  Comprehensive Health Education Program.
27        (a)  The  program  established  under  this   Act   shall
28    include,   but   not  be  limited  to,  the  following  major
29    educational areas as a basis for curricula in all  elementary
30    and  secondary  schools  in  this  State:  human  ecology and
31    health,  human  growth  and   development,   the   emotional,
32    psychological,    physiological,    hygienic    and    social
 
                            -6-            LRB9204266NTsbam02
 1    responsibilities  of family life, including sexual abstinence
 2    until marriage, prevention and control of disease,  including
 3    instruction  in  grades  6  through  12  on  the  prevention,
 4    transmission  and  spread  of  AIDS, public and environmental
 5    health,  consumer  health,  safety  education  and   disaster
 6    survival,  mental health and illness, personal health habits,
 7    alcohol, drug use, and abuse including the medical and  legal
 8    ramifications of alcohol, drug, and tobacco use, abuse during
 9    pregnancy,   sexual   abstinence   until  marriage,  tobacco,
10    nutrition, and dental health.
11        (b)  For  all  comprehensive  health  education  programs
12    established under this Act, factual information presented  in
13    course material and instruction shall be medically accurate.
14        (c)  Notwithstanding  the  above  educational  areas, the
15    following areas may also be included as a basis for curricula
16    in all elementary and secondary schools in this State:  basic
17    first  aid  (including,  but  not limited to, cardiopulmonary
18    resuscitation and the Heimlich  maneuver),  early  prevention
19    and detection of cancer, heart disease, diabetes, stroke, and
20    the  prevention  of  child  abuse,  neglect, and suicide. The
21    school board of each public elementary and  secondary  school
22    in  the  State is encouraged to have in its employ, or on its
23    volunteer staff, at least one person who is certified, by the
24    American Red Cross or by another qualified certifying agency,
25    as qualified to  administer  first  aid  and  cardiopulmonary
26    resuscitation.   In addition, each school board is authorized
27    to  allocate  appropriate  portions  of  its   institute   or
28    inservice  days to conduct training programs for teachers and
29    other school personnel who  have  expressed  an  interest  in
30    becoming  qualified  to  administer  emergency  first  aid or
31    cardiopulmonary resuscitation.  School boards  are  urged  to
32    encourage their teachers and other school personnel who coach
33    school  athletic  programs  and  other extracurricular school
34    activities to acquire, develop, and  maintain  the  knowledge
 
                            -7-            LRB9204266NTsbam02
 1    and  skills  necessary  to  properly administer first aid and
 2    cardiopulmonary resuscitation in  accordance  with  standards
 3    and  requirements  established  by  the American Red Cross or
 4    another qualified certifying agency.
 5        (d)  No pupil shall be required to take or participate in
 6    any class or course on AIDS or family life instruction if his
 7    parent or guardian submits  written  objection  thereto,  and
 8    refusal to take or participate in the course or program shall
 9    not be reason for suspension or expulsion of the pupil.
10        (e)  Curricula  developed  under  programs established in
11    accordance with this Act in the  major  educational  area  of
12    alcohol  and  drug  use  and  abuse  shall  include classroom
13    instruction in grades 5 through 12.  The  instruction,  which
14    shall include matters relating to both the physical and legal
15    effects  and ramifications of drug and substance abuse, shall
16    be integrated into existing curricula; and the State Board of
17    Education shall develop and make available to all  elementary
18    and  secondary  schools in this State instructional materials
19    and guidelines which will assist the schools in incorporating
20    the instruction into their existing curricula.  In  addition,
21    school  districts  may  offer,  as part of existing curricula
22    during the school day or as part of an after school  program,
23    support  services  and instruction for pupils or pupils whose
24    parent, parents, or guardians are chemically dependent.
25    (Source: P.A. 90-566, eff. 1-2-98.)

26        Section 99.  Effective date.  This Act takes effect  upon
27    becoming law.".

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