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Public Act 098-0441


 

Public Act 0441 98TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 098-0441
 
HB2675 EnrolledLRB098 07884 NHT 37969 b

    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
27-9.1 as follows:
 
    (105 ILCS 5/27-9.1)  (from Ch. 122, par. 27-9.1)
    Sec. 27-9.1. Sex Education.
    (a) In this Section:
    "Adapt" means to modify an evidence-based program model for
use with a particular demographic, ethnic, linguistic, or
cultural group.
    "Age appropriate" means suitable to particular ages or age
groups of children and adolescents, based on the developing
cognitive, emotional, and behavioral capacity typical for the
age or age group.
    "Evidence-based program" means a program for which
systematic, empirical research or evaluation has provided
evidence of effectiveness.
    "Medically accurate" means verified or supported by the
weight of research conducted in compliance with accepted
scientific methods and published in peer-reviewed journals, if
applicable, or comprising information recognized as accurate,
objective, and complete.
    (a-5) (a) No pupil shall be required to take or participate
in any class or course in comprehensive sex education if his
parent or guardian submits written objection thereto, and
refusal to take or participate in such course or program shall
not be reason for suspension or expulsion of such pupil. Each
class or course in comprehensive sex education offered in any
of grades 6 through 12 shall include instruction on both
abstinence and contraception for the prevention of pregnancy
and sexually transmitted diseases, including HIV/AIDS the
prevention, transmission and spread of AIDS. Nothing in this
Section prohibits instruction in sanitation, hygiene or
traditional courses in biology.
    (b) All public elementary, junior high, and senior high
school classes that teach sex education and discuss sexual
intercourse in grades 6 through 12 shall emphasize that
abstinence is the expected norm in that abstinence from sexual
intercourse is a responsible and positive decision and is the
only protection that is 100% effective against unwanted teenage
pregnancy, sexually transmitted diseases, and acquired immune
deficiency syndrome (AIDS) when transmitted sexually.
    (c) All classes that teach sex education and courses that
discuss sexual intercourse in grades 6 through 12 shall satisfy
the following criteria:
        (1) Course material and instruction shall be
    developmentally and age appropriate, medically accurate,
    and complete.
        (1.5) Course material and instruction shall replicate
    evidence-based programs or substantially incorporate
    elements of evidence-based programs.
        (2) Course material and instruction shall teach honor
    and respect for monogamous heterosexual marriage.
        (3) Course material and instruction shall place
    substantial emphasis on both abstinence, including
    abstinence until marriage, and contraception for the
    prevention of pregnancy and sexually transmitted diseases
    among youth and shall stress that abstinence is the ensured
    method of avoiding unintended pregnancy, sexually
    transmitted diseases, and HIV/AIDS pupils should abstain
    from sexual intercourse until they are ready for marriage.
        (4) Course material and instruction shall include a
    discussion of the possible emotional and psychological
    consequences of preadolescent and adolescent sexual
    intercourse outside of marriage and the consequences of
    unwanted adolescent pregnancy.
        (5) Course material and instruction shall stress that
    sexually transmitted diseases are serious possible hazards
    of sexual intercourse. Pupils shall be provided with
    statistics based on the latest medical information citing
    the failure and success rates of condoms in preventing AIDS
    and other sexually transmitted diseases.
        (6) Course material and instruction shall advise
    pupils of the laws pertaining to their financial
    responsibility to children born in and out of wedlock.
        (7) Course material and instruction shall advise
    pupils of the circumstances under which it is unlawful for
    males to have sexual relations with females under the age
    of 18 to whom they are not married pursuant to Article 11
    of the Criminal Code of 2012.
        (8) Course material and instruction shall teach pupils
    to not make unwanted physical and verbal sexual advances
    and how to say no to unwanted sexual advances. Pupils shall
    be taught that it is wrong to take advantage of or to
    exploit another person. The material and instruction shall
    also encourage youth to resist negative peer pressure.
        (9) (Blank).
        (10) Course material and instruction shall teach
    pupils about the dangers associated with drug and alcohol
    consumption during pregnancy.
    (d) An opportunity shall be afforded to individuals,
including parents or guardians, to examine the instructional
materials to be used in such class or course.
    (e) The State Board of Education shall make available
resource materials, with the cooperation and input of the
agency that administers grant programs consistent with
criteria (1) and (1.5) of subsection (c) of this Section, for
educating children regarding sex education and may take into
consideration the curriculum on this subject developed by other
states, as well as any other curricular materials suggested by
education experts and other groups that work on sex education
issues. Materials may include without limitation model sex
education curriculums and sexual health education programs.
The State Board of Education shall make these resource
materials available on its Internet website. School districts
that do not currently provide sex education are not required to
teach sex education. If a sex education class or course is
offered in any of grades 6 through 12, the school district may
choose and adapt the developmentally and age-appropriate,
medically accurate, evidence-based, and complete sex education
curriculum that meets the specific needs of its community.
(Source: P.A. 96-1082, eff. 7-16-10; 97-1150, eff. 1-25-13.)
 
    Section 10. The Critical Health Problems and Comprehensive
Health Education Act is amended by changing Section 3 as
follows:
 
    (105 ILCS 110/3)
    Sec. 3. Comprehensive Health Education Program. 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, 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 survival,
mental health and illness, personal health habits, alcohol,
drug use, and abuse including the medical and legal
ramifications of alcohol, drug, and tobacco use, abuse during
pregnancy, evidence-based and medically accurate information
regarding sexual abstinence until marriage, tobacco,
nutrition, and dental health. 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 8
through 12.
    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
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.
    No pupil shall be required to take or participate in any
class or course on AIDS or family life instruction if his
parent or guardian submits written objection thereto, and
refusal to take or participate in the course or program shall
not be reason for suspension or expulsion of the pupil.
    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. 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 develop and make available to all elementary
and secondary schools in this State instructional materials and
guidelines 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 program, support
services and instruction for pupils or pupils whose parent,
parents, or guardians are chemically dependent.
(Source: P.A. 96-128, eff. 1-1-10; 96-328, eff. 8-11-09;
96-383, eff. 1-1-10; 96-1000, eff. 7-2-10; 97-1147, eff.
1-24-13.)
INDEX
Statutes amended in order of appearance
    105 ILCS 5/27-9.1from Ch. 122, par. 27-9.1
    105 ILCS 110/3

Effective Date: 1/1/2014