Sen. Heather A. Steans

Filed: 5/12/2011





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2    AMENDMENT NO. ______. Amend House Bill 3027 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The School Code is amended by changing Section
527-9.1 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) In this Section:
9    "Adapt" means to modify an evidence-based program model for
10use with a particular demographic, ethnic, linguistic, or
11cultural group.
12    "Age appropriate" means suitable to particular ages or age
13groups of children and adolescents, based on the developing
14cognitive, emotional, and behavioral capacity typical for the
15age or age group.
16    "Evidence-based program" means a program for which



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1systematic, empirical research or evaluation has provided
2evidence of effectiveness.
3    "Medically accurate" means verified or supported by the
4weight of research conducted in compliance with accepted
5scientific methods and published in peer-reviewed journals, if
6applicable, or comprising information recognized as accurate,
7objective, and complete.
8    (a-5) (a) No pupil shall be required to take or participate
9in any class or course in comprehensive sex education if his
10parent or guardian submits written objection thereto, and
11refusal to take or participate in such course or program shall
12not be reason for suspension or expulsion of such pupil. Each
13class or course in comprehensive sex education offered in any
14of grades 6 through 12 shall include instruction on both
15abstinence and contraception for the prevention of pregnancy
16and sexually transmitted diseases, including HIV/AIDS the
17prevention, transmission and spread of AIDS. Nothing in this
18Section prohibits instruction in sanitation, hygiene or
19traditional courses in biology.
20    (b) All public elementary, junior high, and senior high
21school classes that teach sex education and discuss sexual
22intercourse in grades 6 through 12 shall emphasize that
23abstinence is the expected norm in that abstinence from sexual
24intercourse is a responsible and positive decision and is the
25only protection that is 100% effective against unwanted teenage
26pregnancy, sexually transmitted diseases, and acquired immune



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1deficiency syndrome (AIDS) when transmitted sexually.
2    (c) All classes that teach sex education and courses that
3discuss sexual intercourse in grades 6 through 12 shall satisfy
4the following criteria:
5        (1) Course material and instruction shall be
6    developmentally and age appropriate, medically accurate,
7    and complete.
8        (1.5) Course material and instruction shall replicate
9    evidence-based programs or substantially incorporate
10    elements of evidence-based programs.
11        (2) Course material and instruction shall teach honor
12    and respect for monogamous heterosexual marriage.
13        (3) Course material and instruction shall place
14    substantial emphasis on both abstinence, including
15    abstinence until marriage, and contraception for the
16    prevention of pregnancy and sexually transmitted diseases
17    among youth and shall stress that abstinence is the ensured
18    method of avoiding unintended pregnancy, sexually
19    transmitted diseases, and HIV/AIDS pupils should abstain
20    from sexual intercourse until they are ready for marriage.
21        (4) Course material and instruction shall include a
22    discussion of the possible emotional and psychological
23    consequences of preadolescent and adolescent sexual
24    intercourse outside of marriage and the consequences of
25    unwanted adolescent pregnancy.
26        (5) Course material and instruction shall stress that



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1    sexually transmitted diseases are serious possible hazards
2    of sexual intercourse. Pupils shall be provided with
3    statistics based on the latest medical information citing
4    the failure and success rates of condoms in preventing AIDS
5    and other sexually transmitted diseases.
6        (6) Course material and instruction shall advise
7    pupils of the laws pertaining to their financial
8    responsibility to children born in and out of wedlock.
9        (7) Course material and instruction shall advise
10    pupils of the circumstances under which it is unlawful for
11    males to have sexual relations with females under the age
12    of 18 to whom they are not married pursuant to Article 12
13    of the Criminal Code of 1961, as now or hereafter amended.
14        (8) Course material and instruction shall teach pupils
15    to not make unwanted physical and verbal sexual advances
16    and how to say no to unwanted sexual advances. Pupils shall
17    be taught that it is wrong to take advantage of or to
18    exploit another person. The material and instruction shall
19    also encourage youth to resist negative peer pressure.
20        (9) (Blank).
21        (10) Course material and instruction shall teach
22    pupils about the dangers associated with drug and alcohol
23    consumption during pregnancy.
24    (d) An opportunity shall be afforded to individuals,
25including parents or guardians, to examine the instructional
26materials to be used in such class or course.



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1    (e) The State Board of Education shall make available
2resource materials, with the cooperation and input of the
3agency that administers grant programs consistent with
4criteria (1) and (2) of subsection (d) of this Section, for
5educating children regarding sex education and may take into
6consideration the curriculum on this subject developed by other
7states, as well as any other curricular materials suggested by
8education experts and other groups that work on sex education
9issues. Materials may include without limitation model sex
10education curriculums and sexual health education programs.
11The State Board of Education shall make these resource
12materials available on its Internet website. School districts
13that do not currently provide sex education are not required to
14teach sex education. If a sex education class or course is
15offered in any of grades 6 through 12, the school district may
16choose and adapt the developmentally and age-appropriate,
17medically accurate, evidence-based, and complete sex education
18curriculum that meets the specific needs of its community.
19(Source: P.A. 96-1082, eff. 7-16-10.)
20    Section 10. The Critical Health Problems and Comprehensive
21Health Education Act is amended by changing Section 3 as
23    (105 ILCS 110/3)
24    Sec. 3. Comprehensive Health Education Program. The



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1program established under this Act shall include, but not be
2limited to, the following major educational areas as a basis
3for curricula in all elementary and secondary schools in this
4State: human ecology and health, human growth and development,
5the emotional, psychological, physiological, hygienic and
6social responsibilities of family life, including sexual
7abstinence until marriage, prevention and control of disease,
8including instruction in grades 6 through 12 on the prevention,
9transmission and spread of AIDS, sexual assault awareness in
10secondary schools, public and environmental health, consumer
11health, safety education and disaster survival, mental health
12and illness, personal health habits, alcohol, drug use, and
13abuse including the medical and legal ramifications of alcohol,
14drug, and tobacco use, abuse during pregnancy, evidence-based
15and medically accurate information regarding sexual abstinence
16until marriage, tobacco, nutrition, and dental health. The
17program shall also provide course material and instruction to
18advise pupils of the Abandoned Newborn Infant Protection Act.
19The program shall include information about cancer, including
20without limitation types of cancer, signs and symptoms, risk
21factors, the importance of early prevention and detection, and
22information on where to go for help. Notwithstanding the above
23educational areas, the following areas may also be included as
24a basis for curricula in all elementary and secondary schools
25in this State: basic first aid (including, but not limited to,
26cardiopulmonary resuscitation and the Heimlich maneuver),



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1heart disease, diabetes, stroke, the prevention of child abuse,
2neglect, and suicide, and teen dating violence in grades 8
3through 12.
4    The school board of each public elementary and secondary
5school in the State shall encourage all teachers and other
6school personnel to acquire, develop, and maintain the
7knowledge and skills necessary to properly administer
8life-saving techniques, including without limitation the
9Heimlich maneuver and rescue breathing. The training shall be
10in accordance with standards of the American Red Cross, the
11American Heart Association, or another nationally recognized
12certifying organization. A school board may use the services of
13non-governmental entities whose personnel have expertise in
14life-saving techniques to instruct teachers and other school
15personnel in these techniques. Each school board is encouraged
16to have in its employ, or on its volunteer staff, at least one
17person who is certified, by the American Red Cross or by
18another qualified certifying agency, as qualified to
19administer first aid and cardiopulmonary resuscitation. In
20addition, each school board is authorized to allocate
21appropriate portions of its institute or inservice days to
22conduct training programs for teachers and other school
23personnel who have expressed an interest in becoming qualified
24to administer emergency first aid or cardiopulmonary
25resuscitation. School boards are urged to encourage their
26teachers and other school personnel who coach school athletic



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1programs and other extracurricular school activities to
2acquire, develop, and maintain the knowledge and skills
3necessary to properly administer first aid and cardiopulmonary
4resuscitation in accordance with standards and requirements
5established by the American Red Cross or another qualified
6certifying agency. Subject to appropriation, the State Board of
7Education shall establish and administer a matching grant
8program to pay for half of the cost that a school district
9incurs in training those teachers and other school personnel
10who express an interest in becoming qualified to administer
11cardiopulmonary resuscitation (which training must be in
12accordance with standards of the American Red Cross, the
13American Heart Association, or another nationally recognized
14certifying organization) or in learning how to use an automated
15external defibrillator. A school district that applies for a
16grant must demonstrate that it has funds to pay half of the
17cost of the training for which matching grant money is sought.
18The State Board of Education shall award the grants on a
19first-come, first-serve basis.
20    No pupil shall be required to take or participate in any
21class or course on AIDS or family life instruction if his
22parent or guardian submits written objection thereto, and
23refusal to take or participate in the course or program shall
24not be reason for suspension or expulsion of the pupil.
25    Curricula developed under programs established in
26accordance with this Act in the major educational area of



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1alcohol and drug use and abuse shall include classroom
2instruction in grades 5 through 12. The instruction, which
3shall include matters relating to both the physical and legal
4effects and ramifications of drug and substance abuse, shall be
5integrated into existing curricula; and the State Board of
6Education shall develop and make available to all elementary
7and secondary schools in this State instructional materials and
8guidelines which will assist the schools in incorporating the
9instruction into their existing curricula. In addition, school
10districts may offer, as part of existing curricula during the
11school day or as part of an after school program, support
12services and instruction for pupils or pupils whose parent,
13parents, or guardians are chemically dependent.
14(Source: P.A. 95-43, eff. 1-1-08; 95-764, eff. 1-1-09; 96-128,
15eff. 1-1-10; 96-328, eff. 8-11-09; 96-383, eff. 1-1-10;
1696-1000, eff. 7-2-10.)".