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Public Act 103-0810 |
HB4219 Enrolled | LRB103 34629 RJT 64470 b |
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AN ACT concerning education. |
Be it enacted by the People of the State of Illinois, |
represented in the General Assembly: |
Section 5. The School Code is amended by changing Section |
27-13.2 as follows: |
(105 ILCS 5/27-13.2) (from Ch. 122, par. 27-13.2) |
Sec. 27-13.2. Required instruction. |
(a) In every public school there shall be instruction, |
study, and discussion of effective methods by which pupils may |
recognize the danger of and avoid abduction, and in every |
public school maintaining any of grades kindergarten through |
8, there shall be, for such grades, instruction, study, and |
discussion of effective methods for the prevention and |
avoidance of drugs and the dangers of opioid and substance |
abuse. School boards may include such required instruction, |
study, and discussion in the courses of study regularly taught |
in the public schools of their respective districts; provided, |
however, that such instruction shall be given each year to all |
pupils in grades kindergarten through 8. The State |
Superintendent of Education may prepare and make available to |
all public and non-public schools instructional materials |
which may be used by such schools as guidelines for |
development of a program of instruction under this subsection |
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(a); provided, however, that each school board shall itself |
determine the minimum amount of instruction time which shall |
qualify as a program of instruction which will satisfy the |
requirements of this subsection (a). |
The State Superintendent of Education, in cooperation with |
the Department of Children and Family Services, shall prepare |
and disseminate to all public schools and non-public schools, |
information on instructional materials and programs about |
child sexual abuse which may be used by such schools for their |
own or community programs. Such information may also be |
disseminated by such schools to parents. |
(b) Notwithstanding subsection (a) of this Section, no |
pupil in any of grades kindergarten through 8 shall be |
required to take or participate in any class or course |
providing instruction in recognizing and avoiding sexual abuse |
if the parent or guardian of the pupil submits written |
objection thereto; and refusal to take or participate in such |
class or course after such written objection is made shall not |
be reason for failing, suspending or expelling such pupil. |
Each school board intending to offer any such class or course |
to pupils in any of grades kindergarten through 8 shall give |
not less than 5 days written notice to the parents or guardians |
of such pupils before commencing the class or course. |
(c) (Blank). Beginning with the 2024-2025 school year, in |
every State-required health course for grades 9 through 12, a |
school district shall provide instruction, study, and |
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discussion on the dangers of fentanyl. Information for the |
instruction, study, and discussion of fentanyl shall come from |
information provided by the National Institutes of Health, the |
United States Drug Enforcement Administration, or the United |
States Department of Health and Human Services. This |
instruction, study, and discussion shall include, at a |
minimum, all of the following: |
(1) Information on fentanyl itself, including an |
explanation of the differences between synthetic and |
nonsynthetic opioids and illicit drugs, the variations of |
fentanyl itself, and the differences between the legal and |
illegal uses of fentanyl. |
(2) The side effects and the risk factors of using |
fentanyl, along with information comparing the lethal |
amounts of fentanyl to other drugs. Information on the |
risk factors may include, but is not limited to: |
(A) the lethal dose of fentanyl; |
(B) how often fentanyl is placed in drugs without |
a person's knowledge; |
(C) an explanation of what fentanyl does to a |
person's body and the severity of fentanyl's addictive |
properties; and |
(D) how the consumption of fentanyl can lead to |
hypoxia, as well as an explanation of what hypoxia |
precisely does to a person's body. |
(3) Details about the process of lacing fentanyl in |
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other drugs and why drugs get laced with fentanyl. |
(4) Details about how to detect fentanyl in drugs and |
how to save someone from an overdose of fentanyl, which |
shall include: |
(A) how to buy and use fentanyl test strips; |
(B) how to buy and use naloxone, either through a |
nasal spray or an injection; and |
(C) how to detect if someone is overdosing on |
fentanyl. |
Students shall be assessed on the instruction required |
under this subsection (c). The assessment may include, but is |
not limited to: |
(1) the differences between synthetic and nonsynthetic |
drugs; |
(2) hypoxia; |
(3) the effects of fentanyl on a person's body; |
(4) the lethal dose of fentanyl; and |
(5) how to detect and prevent overdoses. |
The instruction required under this subsection (c) shall |
be taught by a licensed educator, school nurse, or school |
counselor. |
(Source: P.A. 102-195, eff. 7-30-21; 103-365, eff. 1-1-24 .) |
Section 10. The Critical Health Problems and Comprehensive |
Health Education Act is amended by changing Section 3 as |
follows: |
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(105 ILCS 110/3) |
Sec. 3. Comprehensive Health Education Program. |
(a) The program established under this Act shall include, |
but not be limited to, the following major educational areas |
as a basis for curricula in all elementary and secondary |
schools in this State: human ecology and health; human growth |
and development; the emotional, psychological, physiological, |
hygienic, and social responsibilities of family life, |
including sexual abstinence until marriage; the prevention and |
control of disease, including instruction in grades 6 through |
12 on the prevention, transmission, and spread of AIDS; |
age-appropriate sexual abuse and assault awareness and |
prevention education in grades pre-kindergarten through 12; |
public and environmental health; consumer health; safety |
education and disaster preparedness survival ; mental health |
and illness; personal health habits; alcohol and drug use and |
abuse, including the use and abuse of fentanyl, and the |
medical and legal ramifications of alcohol, drug, and tobacco |
use; abuse during pregnancy; evidence-based and medically |
accurate information regarding sexual abstinence; tobacco and |
e-cigarettes and other vapor devices; nutrition; and dental |
health. The instruction on mental health and illness must |
evaluate the multiple dimensions of health by reviewing the |
relationship between physical and mental health so as to |
enhance student understanding, attitudes, and behaviors that |
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promote health, well-being, and human dignity and must include |
how and where to find mental health resources and specialized |
treatment in the State. The program shall also provide course |
material and instruction to advise pupils of the Abandoned |
Newborn Infant Protection Act. The program shall include |
information about cancer, including, without limitation, types |
of cancer, signs and symptoms, risk factors, the importance of |
early prevention and detection, and information on where to go |
for help. Notwithstanding the above educational areas, the |
following areas may also be included as a basis for curricula |
in all elementary and secondary schools in this State: basic |
first aid (including, but not limited to, cardiopulmonary |
resuscitation and the Heimlich maneuver), heart disease, |
diabetes, stroke, the prevention of child abuse, neglect, and |
suicide, and teen dating violence in grades 7 through 12. |
Beginning with the 2014-2015 school year, training on how to |
properly administer cardiopulmonary resuscitation (which |
training must be in accordance with standards of the American |
Red Cross, the American Heart Association, or another |
nationally recognized certifying organization) and how to use |
an automated external defibrillator shall be included as a |
basis for curricula in all secondary schools in this State. |
(b) Beginning with the 2024-2025 school year in grades 9 |
through 12, the program shall include instruction, study, and |
discussion on the dangers of allergies. Information for the |
instruction, study, and discussion shall come from information |
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provided by the Department of Public Health and the federal |
Centers for Disease Control and Prevention. This instruction, |
study, and discussion shall include, at a minimum: |
(1) recognizing the signs and symptoms of an allergic |
reaction, including anaphylaxis; |
(2) the steps to take to prevent exposure to |
allergens; and |
(3) safe emergency epinephrine administration. |
(c) The school board of each public elementary and |
secondary school in the State shall encourage all teachers and |
other school personnel to acquire, develop, and maintain the |
knowledge and skills necessary to properly administer |
life-saving techniques, including, without limitation, the |
Heimlich maneuver and rescue breathing. The training shall be |
in accordance with standards of the American Red Cross, the |
American Heart Association, or another nationally recognized |
certifying organization. A school board may use the services |
of non-governmental entities whose personnel have expertise in |
life-saving techniques to instruct teachers and other school |
personnel in these techniques. Each school board is encouraged |
to have in its employ, or on its volunteer staff, at least one |
person who is certified, by the American Red Cross or by |
another qualified certifying agency, as qualified to |
administer first aid and cardiopulmonary resuscitation. In |
addition, each school board is authorized to allocate |
appropriate portions of its institute or inservice days to |
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conduct training programs for teachers and other school |
personnel who have expressed an interest in becoming qualified |
to administer emergency first aid or cardiopulmonary |
resuscitation. School boards are urged to encourage their |
teachers and other school personnel who coach school athletic |
programs and other extracurricular school activities to |
acquire, develop, and maintain the knowledge and skills |
necessary to properly administer first aid and cardiopulmonary |
resuscitation in accordance with standards and requirements |
established by the American Red Cross or another qualified |
certifying agency. Subject to appropriation, the State Board |
of Education shall establish and administer a matching grant |
program to pay for half of the cost that a school district |
incurs in training those teachers and other school personnel |
who express an interest in becoming qualified to administer |
cardiopulmonary resuscitation (which training must be in |
accordance with standards of the American Red Cross, the |
American Heart Association, or another nationally recognized |
certifying organization) or in learning how to use an |
automated external defibrillator. A school district that |
applies for a grant must demonstrate that it has funds to pay |
half of the cost of the training for which matching grant money |
is sought. The State Board of Education shall award the grants |
on a first-come, first-serve basis. |
(d) No pupil shall be required to take or participate in |
any class or course on AIDS or family life instruction or to |
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receive training on how to properly administer cardiopulmonary |
resuscitation or how to use an automated external |
defibrillator if his or her parent or guardian submits written |
objection thereto, and refusal to take or participate in the |
course or program or the training shall not be reason for |
suspension or expulsion of the pupil. |
(e) Curricula developed under programs established in |
accordance with this Act in the major educational area of |
alcohol and drug use and abuse shall include classroom |
instruction in grades 5 through 12 , shall be age and |
developmentally appropriate, and may include the information |
contained in the Substance Use Prevention and Recovery |
Instruction Resource Guide under Section 22-81 of the School |
Code, as applicable . The instruction, which shall include |
matters relating to both the physical and legal effects and |
ramifications of drug and substance abuse, shall be integrated |
into existing curricula; and the State Board of Education |
shall determine how to develop and make available to all |
elementary and secondary schools in this State instructional |
materials and guidelines that which will assist the schools in |
incorporating the instruction into their existing curricula. |
In addition, school districts may offer, as part of existing |
curricula during the school day or as part of an after-school |
after school program, support services and instruction for |
pupils or pupils whose parent, parents, or guardians are |
chemically dependent. Curricula developed under programs |
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established in accordance with this Act in the major |
educational area of alcohol and drug use and abuse shall |
include the instruction, study, and discussion required under |
subsection (c) of Section 27-13.2 of the School Code. |
Beginning with the 2024-2025 school year, the program |
shall include instruction, study, and discussion on the |
dangers of fentanyl in grades 6 through 12. Information for |
the instruction, study, and discussion on the dangers of |
fentanyl shall be age and developmentally appropriate and may |
include information contained in the Substance Use Prevention |
and Recovery Instruction Resource Guide under Section 22-81 of |
the School Code, as applicable. The instruction, study, and |
discussion on the dangers of fentanyl in grades 9 through 12 |
shall include, at a minimum, all of the following: |
(1) Information on fentanyl itself, including an |
explanation of the differences between synthetic and |
nonsynthetic opioids and illicit drugs, the variations of |
fentanyl itself, and the differences between the legal and |
illegal uses of fentanyl. |
(2) The side effects and the risk factors of using |
fentanyl, along with information comparing the lethal |
amounts of fentanyl to other drugs. Information on the |
risk factors may include, but is not limited to: |
(A) the lethal dose of fentanyl; |
(B) how often fentanyl is placed in drugs without |
a person's knowledge; |
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(C) an explanation of what fentanyl does to a |
person's body and the severity of fentanyl's addictive |
properties; and |
(D) how the consumption of fentanyl can lead to |
hypoxia, as well as an explanation of what hypoxia |
precisely does to a person's body. |
(3) Details about the process of lacing fentanyl in |
other drugs and why drugs get laced with fentanyl. |
(4) Details about how to detect fentanyl in drugs and |
how to save someone from an overdose of fentanyl, which |
shall include: |
(A) how to buy and use fentanyl test strips; |
(B) how to buy and use naloxone, either through a |
nasal spray or an injection; and |
(C) how to detect if someone is overdosing on |
fentanyl. |
Students in grades 9 through 12 shall be assessed on the |
instruction, study, and discussion on the dangers of fentanyl. |
The assessment may include, but is not limited to: |
(i) the differences between synthetic and nonsynthetic |
drugs; |
(ii) hypoxia; |
(iii) the effects of fentanyl on a person's body; |
(iv) the lethal dose of fentanyl; and |
(v) how to detect and prevent overdoses. |
The instruction, study, and discussion on the dangers of |
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fentanyl may be taught by a licensed educator, school nurse, |
school social worker, law enforcement officer, or school |
counselor. |
(Source: P.A. 102-464, eff. 8-20-21; 102-558, eff. 8-20-21; |
102-1034, eff. 1-1-23; 103-212, eff. 1-1-24; 103-365, eff. |
1-1-24; revised 12-12-23.) |
Section 99. Effective date. This Act takes effect upon |
becoming law. |