Illinois General Assembly

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Full Text of SB0099

SB0099 93rd General Assembly


093_SB0099

 
                                     LRB093 05269 NHT 05359 b

 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 the
10    pupil's his parent  or  guardian  submits  written  objection
11    thereto, and refusal to take or participate in such course or
12    program  shall  not  be reason for suspension or expulsion of
13    such  pupil.  Each  class  or  course  in  comprehensive  sex
14    education offered in any of  grades  K  6  through  12  shall
15    include instruction on the prevention of sexually transmitted
16    infections, including the prevention, transmission and spread
17    of HIV AIDS. Nothing in this Section prohibits instruction in
18    sanitation, hygiene or traditional courses in biology.
19        (b)  All  public elementary, junior high, and senior high
20    school classes that teach sex education  and  discuss  sexual
21    activity   or   behavior  intercourse  shall  emphasize  that
22    abstinence is an effective method of preventing unintended is
23    the expected norm in that abstinence from sexual  intercourse
24    is  the  only  protection  that  is  100%  effective  against
25    unwanted  teenage  pregnancy,  sexually transmitted diseases,
26    and HIV  acquired  immune  deficiency  syndrome  (AIDS)  when
27    transmitted sexually.
28        (c)  In this subsection (c):
29        "Factual   information"   includes   without   limitation
30    medical,    psychiatric,    psychological,   empirical,   and
31    statistical statements.
 
                            -2-      LRB093 05269 NHT 05359 b
 1        "Medically  accurate"  means  verified  or  supported  by
 2    research conducted in  compliance  with  scientific  methods,
 3    published  in  peer-review  journals,  where appropriate, and
 4    recognized  as  accurate  and   objective   by   professional
 5    organizations  and  agencies  with  expertise in the relevant
 6    field.
 7        All sex education courses that discuss sexual activity or
 8    behavior intercourse shall satisfy the following criteria:
 9             (1)  Factual   information   presented   in   course
10        material and instruction shall be medically accurate  and
11        objective.
12             (2)  All  (1)  course material and instruction shall
13        be age and developmentally appropriate.
14             (3)  Course material and instruction shall include a
15        discussion of sexual abstinence as a  method  to  prevent
16        unintended pregnancy and sexually transmitted infections,
17        including HIV.
18             (4)  Course  material  and instruction shall present
19        the latest medically factual information  regarding  both
20        the  possible  side  effects  and  health benefits of all
21        forms of contraception, including the success and failure
22        rates  for  the  prevention  of  pregnancy  and  sexually
23        transmitted infections, including HIV.
24             (5)  Course material and instruction shall include a
25        discussion of the  possible  consequences  of  unintended
26        pregnancy  and sexually transmitted infections, including
27        HIV.
28             (2)  Course material  and  instruction  shall  teach
29        honor and respect for monogamous heterosexual marriage.
30             (3)  Course  material  and  instruction shall stress
31        that pupils should abstain from sexual intercourse  until
32        they are ready for marriage.
33             (4)  Course material and instruction shall include a
34        discussion  of  the  possible emotional and psychological
 
                            -3-      LRB093 05269 NHT 05359 b
 1        consequences  of  preadolescent  and  adolescent   sexual
 2        intercourse  outside  of marriage and the consequences of
 3        unwanted adolescent pregnancy.
 4             (6)  (5)  Course  material  and  instruction   shall
 5        stress  that sexually transmitted infections diseases are
 6        serious possible hazards of sexual activity  or  behavior
 7        intercourse.  Pupils  shall  be  provided with statistics
 8        based  on  the  latest  medical  information  citing  the
 9        failure and success rates of  all  contraceptive  methods
10        condoms in preventing unintended pregnancies and HIV AIDS
11        and other sexually transmitted infections diseases.
12             (7)   (6)  Course  material  and  instruction  shall
13        advise pupils of the laws pertaining to  their  financial
14        responsibility to children born in and out of wedlock.
15             (8)   (7)  Course  material  and  instruction  shall
16        advise pupils that it is unlawful for males or females of
17        any age to  engage  in  sexual  conduct  or  have  sexual
18        relations   with   a   minor   as  specified  in  of  the
19        circumstances under which it is  unlawful  for  males  to
20        have sexual relations with females under the age of 18 to
21        whom  they  are not married pursuant to Article 12 of the
22        Criminal Code of 1961, as now or hereafter amended.
23             (9)  Course material and instruction  shall  discuss
24        and provide for the development of positive communication
25        skills   to  maintain  healthy  relationships  and  avoid
26        unwanted sexual activity.
27             (10)  Course   material   and   instruction    shall
28        emphasize  that  the  pupil  has  the  power  to  control
29        personal  behavior.  Pupils  shall  be encouraged to base
30        their actions on  reasoning,  self-discipline,  sense  of
31        responsibility, self-control, and ethical considerations,
32        such as respect for oneself and others.
33             (11)  (8)  Course  material  and  instruction  shall
34        teach  pupils  to  not  make unwanted physical and verbal
 
                            -4-      LRB093 05269 NHT 05359 b
 1        sexual advances and how to  say  no  to  unwanted  sexual
 2        advances  and  shall  include  information  about verbal,
 3        physical, and visual sexual harassment, including without
 4        limitation nonconsensual sexual  advances,  nonconsensual
 5        physical sexual contact, and rape by an acquaintance. The
 6        course  material and instruction shall contain methods of
 7        preventing sexual assault by an  acquaintance,  including
 8        exercising  good  judgment  and  avoiding  behavior  that
 9        impairs   one's   judgment.   The   course  material  and
10        instruction shall emphasize personal  accountability  and
11        respect  for others and Pupils shall be taught that it is
12        wrong to take advantage of or to exploit another  person.
13        The  material  and instruction shall also encourage youth
14        to resist negative peer pressure. The course material and
15        instruction shall inform pupils of  the  potential  legal
16        consequences   of  sexual  assault  by  an  acquaintance.
17        Specifically, pupils shall be advised that it is unlawful
18        to touch an intimate part of another person as  specified
19        in the Criminal Code of 1961.
20             (12)  Course  material  and  instruction shall teach
21        male pupils about male accountability for sexual violence
22        and  shall   teach   female   students   about   reducing
23        vulnerability for sexual violence.
24             (13)  Course  material  and  instruction shall teach
25        pupils about counseling,  medical,  and  legal  resources
26        available   to  survivors  of  sexual  abuse  and  sexual
27        assault,  including  resources   for   escaping   violent
28        relationships.
29             (14)  Course  material  and  instruction shall teach
30        pupils that it is  wrong  to  take  advantage  of  or  to
31        exploit another person.
32             (15)  Course  material and instruction shall be free
33        of  racial,  ethnic,   gender,   religious,   or   sexual
34        orientation biases.
 
                            -5-      LRB093 05269 NHT 05359 b
 1        (d)  An  opportunity  shall  be  afforded  to  parents or
 2    guardians to examine the instructional materials to  be  used
 3    in such class or course.
 4    (Source: P.A. 86-941.)

 5        (105 ILCS 5/27-9.2) (from Ch. 122, par. 27-9.2)
 6        Sec. 27-9.2.  Family Life.
 7        (a)  If   any   school   district   provides  courses  of
 8    instruction designed to promote wholesome  and  comprehensive
 9    understanding of the emotional, psychological, physiological,
10    hygienic  and  social  responsibility aspects of family life,
11    then such courses of instruction shall include  the  teaching
12    of prevention of unintended pregnancy and all options related
13    to  unintended  pregnancy,  as  the alternatives to abortion,
14    appropriate to the various grade levels;  and  whenever  such
15    courses  of  instruction  are  provided  in any of grades K 6
16    through  12,  then  such  courses  also  shall  include   age
17    appropriate   instruction   on  the  prevention  of  sexually
18    transmitted    infections,    including    the    prevention,
19    transmission and spread of HIV AIDS. However, no pupil  shall
20    be  required  to take or participate in any family life class
21    or course on HIV AIDS instruction if his parent  or  guardian
22    submits  written  objection  thereto,  and refusal to take or
23    participate in such course or program shall not be reason for
24    suspension or expulsion of such pupil.
25        (b)  In this subsection (b):
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
32    recognized   as   accurate   and  objective  by  professional
33    organizations and agencies with  expertise  in  the  relevant
 
                            -6-      LRB093 05269 NHT 05359 b
 1    field.
 2        All  family life courses of instruction shall satisfy the
 3    following 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  activity  or
 9        behavior shall be age and developmentally appropriate.
10             (3)  Course material and instruction shall include a
11        discussion  of  sexual  abstinence as a method to prevent
12        unintended pregnancy and sexually transmitted infections,
13        including HIV.
14             (4)  Course material and instruction  shall  present
15        the  latest  medically factual information regarding both
16        the possible side effects  and  health  benefits  of  all
17        forms of contraception, including the success and failure
18        rates  for  the  prevention  of  pregnancy  and  sexually
19        transmitted infections, including HIV.
20             (5)  Course  material  and  instruction shall stress
21        that sexually transmitted infections are serious possible
22        hazards of sexual activity or behavior. Pupils  shall  be
23        provided  with  statistics  based  on  the latest medical
24        information citing the failure and success rates  of  all
25        contraceptive  methods in preventing unintended pregnancy
26        and HIV and other sexually transmitted infections.
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  discuss
33        and provide for the development of positive communication
34        skills   to  maintain  healthy  relationships  and  avoid
 
                            -7-      LRB093 05269 NHT 05359 b
 1        unwanted sexual activity.
 2             (8)  Course material and instruction shall emphasize
 3        that  the  pupil  has  the  power  to  control   personal
 4        behavior.   Pupils  shall  be  encouraged  to  base their
 5        actions   on   reasoning,   self-discipline,   sense   of
 6        responsibility, self-control, and ethical considerations,
 7        such as respect for oneself and others.
 8             (9)  Course material  and  instruction  shall  teach
 9        pupils  to  not  make unwanted physical and verbal sexual
10        advances and how to say no to  unwanted  sexual  advances
11        and shall include information about verbal, physical, and
12        visual  sexual  harassment,  including without limitation
13        nonconsensual  sexual  advances,  nonconsensual  physical
14        sexual contact, and rape by an acquaintance.  The  course
15        material   and   instruction  shall  contain  methods  of
16        preventing sexual assault by an  acquaintance,  including
17        exercising  good  judgment  and  avoiding  behavior  that
18        impairs   one's   judgment.   The   course  material  and
19        instruction shall emphasize personal  accountability  and
20        respect  for  others  and  shall  also encourage youth to
21        resist negative peer pressure. The  course  material  and
22        instruction  shall  inform  pupils of the potential legal
23        consequences  of  sexual  assault  by  an   acquaintance.
24        Specifically, pupils shall be advised that it is unlawful
25        to touch an intimate part of another person, as specified
26        in the Criminal Code of 1961.
27             (10)  Course  material  and  instruction shall teach
28        male pupils about male accountability for sexual violence
29        and  shall   teach   female   students   about   reducing
30        vulnerability for sexual violence.
31             (11)  Course  material  and  instruction shall teach
32        pupils about counseling,  medical,  and  legal  resources
33        available   to  survivors  of  sexual  abuse  and  sexual
34        assault,  including  resources   for   escaping   violent
 
                            -8-      LRB093 05269 NHT 05359 b
 1        relationships.
 2             (12)  Course  material  and  instruction  in classes
 3        that discuss sexual  activity  or  behavior  shall  teach
 4        pupils  that  it  is  wrong  to  take  advantage of or to
 5        exploit another person.
 6             (13)  Course material and instruction shall be  free
 7        of   racial,   ethnic,   gender,  religious,  and  sexual
 8        orientation biases.
 9        (c)  The State Superintendent of Education shall  prepare
10    and  make  available  to  local  school  districts courses of
11    instruction designed to  satisfy  the  requirements  of  this
12    Section.
13        The  State  Superintendent  of  Education shall develop a
14    procedure for evaluating and measuring the  effectiveness  of
15    the  family  life courses of instruction in each local school
16    district, including  the  setting  of  reasonable  goals  for
17    reduced  sexual  activity,  sexually transmitted diseases and
18    premarital pregnancy. The goals shall be set by the beginning
19    of the 1991-92 school year. The  State  Superintendent  shall
20    distribute  a  copy  of  the  procedure  to each local school
21    district. Each local school district may  develop  additional
22    procedures  or methods for measuring the effectiveness of the
23    family life  courses  of  instruction  within  the  district.
24    Before  the  beginning  of the 1993-94 school year, the State
25    Superintendent shall collect and evaluate all  relevant  data
26    to determine whether the goals are being achieved.
27    (Source: P.A. 86-941.)

28        Section   10.     The   Critical   Health   Problems  and
29    Comprehensive Health Education Act  is  amended  by  changing
30    Sections 2 and 3 as follows:

31        (105 ILCS 110/2) (from Ch. 122, par. 862)
32        Sec.  2.  Definitions.   In this Act, the following terms
 
                            -9-      LRB093 05269 NHT 05359 b
 1    shall have the following meanings respectively prescribed for
 2    them, except as the context otherwise requires:
 3        (a)  "Comprehensive   Health   Education   Program":    a
 4    systematic  and  extensive  educational  program  designed to
 5    provide  a  variety  of  learning  experiences   based   upon
 6    scientific  knowledge  of  the human organism as it functions
 7    within its environment which  will  favorably  influence  the
 8    knowledge, attitudes, values and practices of Illinois school
 9    youth;  and  which  will  aid  them  in  making wise personal
10    decisions in matters of health.
11        "Factual   information"   includes   without   limitation
12    medical,   psychiatric,   psychological,    empirical,    and
13    statistical statements.
14        "Medically  accurate"  means  verified  or  supported  by
15    research  conducted  in  compliance  with scientific methods,
16    published in peer-review  journals,  where  appropriate,  and
17    recognized   as   accurate   and  objective  by  professional
18    organizations and agencies with  expertise  in  the  relevant
19    field.
20    (Source: P.A. 77-1405.)

21        (105 ILCS 110/3) (from Ch. 122, par. 863)
22        Sec. 3.  Comprehensive Health Education Program.
23        (a)  The   program   established  under  this  Act  shall
24    include,  but  not  be  limited  to,  the   following   major
25    educational  areas as a basis for curricula in all elementary
26    and secondary  schools  in  this  State:  human  ecology  and
27    health,   human   growth   and  development,  the  emotional,
28    psychological,    physiological,    hygienic    and    social
29    responsibilities of family life, including sexual  abstinence
30    and   prevention  of  unintended  pregnancy  until  marriage,
31    prevention and control of disease, including age  appropriate
32    instruction  in  grades  K  6 through 12 on the prevention of
33    sexually transmitted infections,  including  the  prevention,
 
                            -10-     LRB093 05269 NHT 05359 b
 1    transmission and spread of HIV AIDS, public and environmental
 2    health,   consumer  health,  safety  education  and  disaster
 3    survival, mental health and illness, personal health  habits,
 4    alcohol,  drug use, and abuse including the medical and legal
 5    ramifications of alcohol, drug, and tobacco use, abuse during
 6    pregnancy,  sexual  abstinence   until   marriage,   tobacco,
 7    nutrition, and dental health.
 8        (b)  All    comprehensive   health   education   programs
 9    established  under  this  Act  shall  satisfy  the  following
10    criteria:
11             (1)  Factual   information   presented   in   course
12        material and instruction shall be medically accurate  and
13        objective.
14             (2)  All  course material and instruction in classes
15        that teach sex education and discuss sexual  activity  or
16        behavior shall be age and developmentally appropriate.
17             (3)  Course material and instruction shall include a
18        discussion  of  sexual  abstinence as a method to prevent
19        unintended pregnancy and sexually transmitted infections,
20        including HIV.
21             (4)  Course material and instruction  shall  present
22        the  latest  medically factual information regarding both
23        the possible side effects  and  health  benefits  of  all
24        forms of contraception, including the success and failure
25        rates  for  the  prevention  of  pregnancy  and  sexually
26        transmitted infections, including HIV.
27             (5)  Course  material  and  instruction shall stress
28        that sexually transmitted infections are serious possible
29        hazards of sexual activity or behavior. Pupils  shall  be
30        provided  with  statistics  based  on  the latest medical
31        information citing the failure and success rates  of  all
32        methods  of  contraception  in  preventing  HIV and other
33        sexually transmitted infections.
34             (6)  Course material and  instruction  shall  advise
 
                            -11-     LRB093 05269 NHT 05359 b
 1        pupils  that  it  is unlawful for males or females of any
 2        age to engage in sexual conduct or have sexual  relations
 3        with  a  minor as specified in Article 12 of the Criminal
 4        Code of 1961.
 5             (7)  Course material and  discussion  shall  discuss
 6        and provide for the development of positive communication
 7        skills   to  maintain  healthy  relationships  and  avoid
 8        unwanted sexual activity.
 9             (8)  Course material and instruction shall emphasize
10        that  the  pupil  has  the  power  to  control   personal
11        behavior.   Pupils  shall  be  encouraged  to  base their
12        actions   on   reasoning,   self-discipline,   sense   of
13        responsibility, self-control, and ethical considerations,
14        such as respect for oneself and others.
15             (9)  Course material  and  instruction  shall  teach
16        pupils  to  not  make unwanted physical and verbal sexual
17        advances and how to say no to  unwanted  sexual  advances
18        and shall include information about verbal, physical, and
19        visual  sexual  harassment,  including without limitation
20        nonconsensual  sexual  advances,  nonconsensual  physical
21        sexual contact, and rape by an acquaintance.  The  course
22        material   and   instruction  shall  contain  methods  of
23        preventing sexual assault by an  acquaintance,  including
24        exercising  good  judgment  and  avoiding  behavior  that
25        impairs   one's   judgment.   The   course  material  and
26        instruction shall emphasize personal  accountability  and
27        respect  for  others  and  shall  also encourage youth to
28        resist negative peer pressure. The  course  material  and
29        instruction  shall  inform  pupils of the potential legal
30        consequences  of  sexual  assault  by  an   acquaintance.
31        Specifically, pupils shall be advised that it is unlawful
32        to  touch an intimate part of another person as specified
33        in the Criminal Code of 1961.
34             (10)  Course material and  instruction  shall  teach
 
                            -12-     LRB093 05269 NHT 05359 b
 1        male pupils about male accountability for sexual violence
 2        and   shall   teach   female   students   about  reducing
 3        vulnerability for sexual violence.
 4             (11)  Course material and  instruction  shall  teach
 5        pupils  about  counseling,  medical,  and legal resources
 6        available  to  survivors  of  sexual  abuse  and   sexual
 7        assault,   including   resources   for  escaping  violent
 8        relationships.
 9             (12)  Course material  and  instruction  in  classes
10        that  discuss  sexual  activity  or  behavior shall teach
11        pupils that it is  wrong  to  take  advantage  of  or  to
12        exploit another person.
13             (13)  Course  material and instruction shall be free
14        of  racial,  ethnic,   gender,   religious,   or   sexual
15        orientation biases.
16        (c)  Notwithstanding  the  above  educational  areas, the
17    following areas may also be included as a basis for curricula
18    in all elementary and secondary schools in this State:  basic
19    first  aid  (including,  but  not limited to, cardiopulmonary
20    resuscitation and the Heimlich  maneuver),  early  prevention
21    and detection of cancer, heart disease, diabetes, stroke, and
22    the  prevention  of  child  abuse,  neglect, and suicide. The
23    school board of each public elementary and  secondary  school
24    in  the  State  shall encourage all teachers and other school
25    personnel to acquire, develop, and maintain the knowledge and
26    skills   necessary   to   properly   administer   life-saving
27    techniques,  including  without   limitation   the   Heimlich
28    maneuver  and  rescue  breathing.  The  training  shall be in
29    accordance with standards of  the  American  Red  Cross,  the
30    American  Heart Association, or another nationally recognized
31    certifying organization.  A school board may use the services
32    of non-governmental entities whose personnel  have  expertise
33    in  life-saving  techniques  to  instruct  teachers and other
34    school personnel in these techniques.  Each school  board  is
 
                            -13-     LRB093 05269 NHT 05359 b
 1    encouraged  to have in its employ, or on its volunteer staff,
 2    at least one person who is certified,  by  the  American  Red
 3    Cross or by another qualified certifying agency, as qualified
 4    to  administer  first  aid and cardiopulmonary resuscitation.
 5    In addition, each school  board  is  authorized  to  allocate
 6    appropriate  portions  of  its institute or inservice days to
 7    conduct training  programs  for  teachers  and  other  school
 8    personnel   who   have  expressed  an  interest  in  becoming
 9    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 HIV AIDS or family life instruction if
20    his 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
 
                            -14-     LRB093 05269 NHT 05359 b
 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. 92-23, eff. 7-1-01.)

 5        Section 90.  The State Mandates Act is amended by  adding
 6    Section 8.27 as follows:

 7        (30 ILCS 805/8.27 new)
 8        Sec.  8.27.  Exempt  mandate.  Notwithstanding Sections 6
 9    and 8 of this Act, no reimbursement by the State is  required
10    for  the  implementation  of  any  mandate  created  by  this
11    amendatory Act of the 93rd General Assembly.

12        Section  99.  Effective date.  This Act takes effect upon
13    becoming law.