Rep. Kathleen Willis

Filed: 3/12/2020

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 4663

2    AMENDMENT NO. ______. Amend House Bill 4663 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The School Code is amended by changing Sections
510-23.13, 27A-5, and 34-18.8 and by adding Section 27-9.1a as
6follows:
 
7    (105 ILCS 5/10-23.13)
8    Sec. 10-23.13. Policies addressing sexual abuse. Beginning
9no later than July 1, 2022, a school district shall To adopt
10and implement a policy addressing sexual abuse of children that
11shall may include age-appropriate curriculum for students in
12pre-K through 12th 5th grade; training for school personnel on
13child sexual abuse; educational information to parents or
14guardians provided in the school handbook on the warning signs
15of a child being abused, along with any needed assistance,
16referral, or resource information; available counseling and

 

 

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1resources for students affected by sexual abuse; and emotional
2and educational support for a child of abuse to continue to be
3successful in school.
4    A Any policy adopted under the Section shall may address
5without limitation:
6        (1) methods for increasing teacher, student, and
7    parent awareness of issues regarding sexual abuse of
8    children, including knowledge of likely warning signs
9    indicating that a child may be a victim of sexual abuse,
10    and the provision of information on how to prevent child
11    abuse from happening;
12        (1.5) training for school personnel, including, but
13    not limited to, training as outlined in Section 10-22.39;
14        (2) options actions that a student child who is a
15    victim of sexual abuse has should take to obtain assistance
16    and intervention; and
17        (3) available counseling options for students affected
18    by sexual abuse; and .
19        (4) methods for educating school personnel, students,
20    and staff on how to report child abuse.
21    This Section may be referred to as Erin's Law.
22(Source: P.A. 96-1524, eff. 2-14-11.)
 
23    (105 ILCS 5/27-9.1a new)
24    Sec. 27-9.1a. Responsible education for adolescents and
25children health (REACH).

 

 

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1    (a) The General Assembly finds all of the following:
2        (1) Sex education can encourage better sexual health
3    outcomes, reduce stigma, and prepare young people to lead
4    healthy and fulfilling lives.
5        (2) Students who receive sex education that includes
6    health-positive instruction on sexual orientation, gender
7    identity, and gender expression report less bullying and
8    harassment.
9        (3) Parents, the general public, and young people
10    overwhelmingly support comprehensive sex education.
11        (4) Polling has found that 96% of parents support
12    providing sex education in high school and 93% support sex
13    education in middle school.
14        (5) The leading health and education organizations
15    support sex education that includes information about both
16    delaying sexual activity and contraceptive use.
17        (6) Students often lack the education needed to prevent
18    pregnancy, HIV and other sexually transmitted infections,
19    to develop healthy relationships, to plan for personal
20    safety, and to develop decision-making skills.
21        (7) Schools have a responsibility to address child
22    abuse, harassment, bullying, inter-personal violence, and
23    personal safety issues, which can have a significant impact
24    on a student's emotional and physical well-being and
25    academic success.
26    It is the intent of the General Assembly that comprehensive

 

 

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1sex education shall promote awareness and healthy attitudes
2about growth and development, body image, gender identity,
3gender expression, sexuality, sexual health, sexual
4orientation, consent, dating, relationships, and families;
5should be designed to promote positive behaviors and reduce
6health-related risk behaviors; and must be available to
7students in kindergarten through 12th grade and provide
8students with the information, skills, and support needed to
9acquire accurate information to make healthy decisions
10throughout their lives.
11    (b) In this Section:
12    "Abstinence" means to refrain from engaging in any sexual
13behavior or from engaging in specific sexual behavior, such as
14sexual intercourse, either continuously or periodically.
15    "Age and developmentally appropriate" means suitable for a
16particular age or age group of children and adolescents, based
17on the cognitive, emotional, and behavioral development
18typical of that age or age group.
19    "Characteristics of effective programs" means the aspects
20of evidence-based programs, including development, content,
21and the implementation of programs that have been shown to be
22effective in increasing knowledge, clarifying values and
23attitudes, increasing skills, and impacting behavior and are
24widely recognized by leading medical and public health agencies
25to be effective in changing sexual behaviors that lead to
26sexually transmitted infections, including HIV, unintended

 

 

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1pregnancy, dating violence, and sexual violence among young
2people.
3    "Comprehensive sex education" means instruction in a
4comprehensive school health education approach that addresses
5the physical, mental, emotional, and social dimensions of human
6sexuality and is designed to motivate and assist students in
7maintaining and improving sexual health, preventing disease,
8and reducing sexual health-related risk behaviors and to enable
9and empower students to develop and demonstrate
10developmentally and culturally appropriate sexuality and
11sexual health-related knowledge, attitudes, skills, and
12practices.
13    "Consent" means knowing, affirmative, conscious, and
14voluntary agreement to engage in specific interpersonal,
15physical, or sexual activity at a given time.
16    "Culturally appropriate" means materials and instruction
17that respond to culturally diverse individuals, families, and
18communities in an inclusive, respectful, and effective manner.
19"Culturally appropriate" includes materials and instruction
20that are inclusive of the experiences and needs of communities
21of color, communities of all ethnic and cultural backgrounds,
22immigrant communities, English learners, people of diverse
23sexual orientations, gender identities, and gender
24expressions, people who are intersex, people who have physical
25or intellectual disabilities, people who have experienced
26sexual victimization, and people whose experiences have

 

 

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1traditionally been left out of sexual health education,
2programs, and policies.
3    "Gender stereotype" means a generalized view or
4preconception about what attributes, characteristics, or roles
5are or ought to be taught, possessed by, or performed by women
6and men.
7    "Inclusive" means a curriculum that ensures that students
8from historically marginalized communities that include, but
9are not limited to, communities of color, immigrant
10communities, people of diverse sexual orientations, gender
11identities, and gender expressions, people who are intersex,
12people who have disabilities, people who have experienced
13sexual victimization, and others whose experiences have been
14traditionally left out of sex education programs and policies
15are included in classroom materials and lessons.
16    "Instructors trained in appropriate courses" means
17instructors who have knowledge of the most recent medically
18accurate and complete research on human sexuality, health
19relationships, pregnancy, HIV, and other sexually transmitted
20infections.
21    "Medically accurate and complete" means that the
22information provided through the instruction is verified or
23supported by research conducted in compliance with accepted
24scientific methods and is published in peer-reviewed journals
25by the federal Centers for Disease Control and Prevention, the
26American Public Health Association, the American Academy of

 

 

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1Pediatrics, and the American College of Obstetricians and
2Gynecologists, if applicable, or the program contains
3information that leading professional public health or medical
4organizations, government agencies, and scientific advisory
5groups with relevant expertise in the field recognize as
6accurate, objective, and complete. Also, the program does not
7withhold information about external anatomy involved in sexual
8functioning or in the effectiveness and benefits of correct and
9consistent use of condoms and other contraceptives.
10    "Sexting" means the act of sending, sharing, receiving, or
11forwarding a sexually explicit or sexually suggestive image,
12video, or text message by a digital or electronic device,
13including, but not limited to, a mobile or cellular telephone
14or a computer.
15    "Sexual violence" means an act of a sexual nature that is
16committed or attempted by another person without the freely
17given consent of the victim or against someone who is unable to
18consent or refuse. "Sexual violence" includes acts of sexual
19harassment, sexual abuse, and sexual assault.
20    "Sexual development" means the lifelong process of
21physical, behavioral, cognitive, and emotional growth and
22changes as it relates to an individual's sexuality and sexual
23maturation. "Sexual development" includes puberty, identity
24development, socio-cultural influences, and sexual behaviors.
25    "Trauma informed" means to address vital information about
26sexuality and well-being that takes into consideration how

 

 

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1adverse life experiences may potentially influence sexual
2decision making.
3    (c) Comprehensive sex education requirements under this
4Section are as follows:
5        (1) Beginning no later than July 1, 2021, comprehensive
6    sex education shall do all of the following:
7            (A) Reflect the characteristics of effective
8        programs.
9            (B) Use and implement curricula that is trauma
10        informed.
11            (C) Use or adopt curricula that are inclusive and
12        address the experiences and needs of all youth in the
13        school. Instruction must be accessible to pupils with
14        disabilities, and may include the use of a modified
15        curriculum, materials, instruction in alternative
16        formats, and auxiliary aids.
17            (D) Not discriminate on the basis of sex, race,
18        ethnicity, national origin, disability, religion,
19        gender expression, gender identity, or sexual
20        orientation.
21            (E) Allow instructors trained in appropriate
22        courses to answer questions initiated by a student that
23        are related to and consistent with the material of the
24        course.
25        (2) Beginning no later than July 1, 2021, comprehensive
26    sex education may not:

 

 

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1            (A) use shame-based or stigmatizing language or
2        instructional tools or stigmatize parenting or
3        sexually active youth;
4            (B) stigmatize or further victimize students
5        impacted by sexual violence;
6            (C) employ gender stereotypes;
7            (D) exclude the health needs of individuals who are
8        intersex or individuals of diverse sexual
9        orientations, gender identities, or gender
10        expressions; or
11            (E) teach or promote any religious doctrine.
12        (3) Beginning no later than July 1, 2021, comprehensive
13    sex education instruction and materials, including
14    materials provided or presented by outside organizations
15    or guest speakers, may not conflict with the provisions of
16    this Section.
17        (4) Beginning no later than July 1, 2021, a school
18    district shall provide inclusive, medically accurate and
19    complete, age and developmentally appropriate, and
20    culturally appropriate comprehensive sex education in the
21    6th through 12th grades in all public schools, including
22    charter schools. Comprehensive sex education in the 6th
23    through 12th grades shall include age and developmentally
24    appropriate instruction on all of the following topics:
25            (A) The physical, social, and emotional changes of
26        human development.

 

 

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1            (B) Human anatomy, reproduction, and sexual
2        development.
3            (C) Healthy relationships, including family and
4        friendships, that are based on mutual consent and
5        developing the ability to distinguish between healthy
6        and unhealthy relationships. Such instruction shall
7        include, but not be limited to:
8                (i) how to promote personal safety;
9                (ii) an examination of the harm caused by
10            gender-role stereotypes, violence, coercion,
11            bullying, and intimidation in relationships, both
12            in person and through means of technology; and
13                (iii) the exploration about how gender
14            stereotypes can limit all people.
15            (D) Healthy decision-making skills about sexuality
16        and relationships. Such instruction shall include, but
17        not be limited to:
18                (i) critical thinking, problem solving,
19            self-efficacy, and decision making; and
20                (ii) exploring individual values and
21            attitudes.
22            (E) The promotion of positive body image among
23        students to develop an understanding that there is a
24        range of body types and to feel positive about one's
25        own body type.
26            (F) The promotion of positive sexuality, the

 

 

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1        reality that there is a range of healthy sexual
2        behaviors, and students should feel positive about
3        sexual behaviors that are consensual, affirming, and
4        pleasurable.
5            (G) The Internet safety education curriculum under
6        Section 27-13.3.
7            (H) Discussion about social media, dating and
8        relationship websites or applications, and sexting,
9        including:
10                (i) the possible consequences of sharing or
11            forwarding sexually explicit or sexually
12            suggestive photographs or images, videos, or text
13            messages;
14                (ii) the identification of situations in which
15            bullying or harassment may result as a consequence
16            of using social media, dating applications, or
17            engaging in sexting;
18                (iii) the possible long-term legal, social,
19            academic, and other consequences that may result
20            from possessing or distributing sexual content;
21                (iv) the importance of using the Internet
22            safely and how social media, dating applications,
23            and sexting may pose a risk to personal safety;
24                (v) the identification of individuals,
25            including school personnel, community members, and
26            parents, who may provide assistance with issues,

 

 

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1            concerns, or problems resulting from use of the
2            Internet; and
3                (vi) the development of strategies for
4            resisting peer pressure and for communicating in a
5            positive manner.
6            (I) Information about interpersonal violence,
7        sexual violence, and human trafficking. Information
8        about human trafficking shall include both of the
9        following:
10                (i) Information on the prevalence, nature, and
11            strategies to reduce the risk of human
12            trafficking, techniques to set healthy boundaries,
13            and how to safely seek assistance.
14                (ii) Information on how social media and
15            mobile device applications are used for human
16            trafficking.
17            (J) Information about adolescent relationship
18        abuse and intimate partner violence, including the
19        early warning signs thereof.
20            (K) Information about confidential local services
21        and resources in which students can obtain additional
22        information related to bullying, dating violence,
23        sexual violence, suicide prevention, and other related
24        care without immediate parental notification or
25        consent.
26            (L) Information about mandated reporting of abused

 

 

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1        and neglected children as required by the Abused and
2        Neglected Child Reporting Act.
3            (M) Course material and instruction must include
4        an age and developmentally appropriate discussion on
5        the meaning of consent that includes discussion on
6        recognizing all of the following:
7                (i) That consent is a freely given agreement to
8            sexual activity.
9                (ii) That consent to one particular sexual
10            activity does not constitute consent to other
11            types of sexual activities.
12                (iii) That a person's lack of verbal or
13            physical resistance or submission resulting from
14            the use or threat of force does not constitute
15            consent.
16                (iv) That a person's manner of dress does not
17            constitute consent.
18                (v) That a person's consent to past sexual
19            activity does not constitute consent to future
20            sexual activity.
21                (vi) That a person's consent to engage in
22            sexual activity with one person does not
23            constitute consent to engage in sexual activity
24            with another person.
25                (vii) That a person can withdraw consent at any
26            time.

 

 

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1                (viii) That a person cannot consent to sexual
2            activity if that person is unable to understand the
3            nature of the activity or give knowing consent due
4            to certain circumstances that include, but are not
5            limited to, (I) the person is incapacitated due to
6            the use or influence of alcohol or drugs, (II) the
7            person is asleep or unconscious, (III) the person
8            is a minor, or (IV) the person is incapacitated due
9            to a mental disability.
10            (N) Encouraging youth to communicate with parents
11        or guardians, health and social service professionals,
12        and other trusted adults about sexuality and intimate
13        relationships.
14            (O) Creating a safe and culturally appropriate
15        environment for all students and others in society.
16            (P) Affirmative and inclusive examples of varying
17        types of relationships and family structures.
18        Discussion of healthy relationships and personal
19        safety must include affirmative representation and
20        health-positive instruction on diverse sexual
21        orientations, gender identities, and gender
22        expressions.
23            (Q) The benefits of abstinence, behavioral
24        changes, the use of barrier methods, medication,
25        contraception, and sexually transmitted infection
26        prevention measures, including:

 

 

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1                (i) instruction on how to effectively use
2            condoms, barrier methods, and preventative
3            medication to protect against sexually transmitted
4            infections, including HIV;
5                (ii) the benefits of contraception, condoms,
6            and barrier methods to avoid pregnancy and how to
7            effectively use each method;
8                (iii) the relationship between substance use
9            and sexual health and behaviors;
10                (iv) information about local health services
11            in which students can obtain additional
12            information and services related to sexual and
13            reproductive health and other related care; and
14                (v) information about the rights of
15            individuals to obtain contraceptives and sexual
16            health care.
17            (R) Unbiased information and non-stigmatizing
18        information about the options regarding pregnancy,
19        including parenting, adoption, and abortion.
20            (S) Information concerning the Abandoned Newborn
21        Infant Protection Act that relate to the safe
22        abandonment of a child to a firefighter at a fire
23        station or to a staff member at a hospital or a
24        community clinic or at an emergency center within the
25        first 30 days of the child's life.
26            (T) Affirmative recognition of the roles that

 

 

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1        traditions, values, norms, gender roles,
2        acculturation, family structure, health beliefs, and
3        political power play in how students make decisions
4        that affect their sexual health.
5            (U) Examples of diverse races, ethnicities,
6        genders, sexual orientations, gender identities,
7        gender expressions, cultures, and families, including
8        single-parent households and young families.
9            (V) Information about sexual orientation, gender
10        identity, and gender expression for all students,
11        including:
12                (i) an affirmative recognition that people
13            have diverse sexual orientations, gender
14            identities, and gender expressions; and
15                (ii) referrals to community resources that can
16            provide additional support for students of diverse
17            sexual orientations, gender identities, and gender
18            expressions.
19            (W) Opportunities to explore the roles that race,
20        ethnicity, immigration status, disability status,
21        sexual orientation, gender identity, gender
22        expression, economic status, and language within
23        different communities play in how students make
24        decisions that affect their sexual health.
25        (5) Beginning no later than July 1, 2022, a school
26    district shall provide inclusive, medically accurate and

 

 

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1    complete, age and developmentally appropriate, and
2    culturally appropriate comprehensive sex education in the
3    3rd through 5th grades in all public schools, including
4    charter schools. Comprehensive sex education in the 3rd
5    through 5th grades shall include age and developmentally
6    appropriate instruction on all of the following topics:
7            (A) Human anatomy and reproduction.
8            (B) Puberty, including the physical, social, and
9        emotional changes that occur during puberty and
10        adolescence.
11            (C) The promotion of positive body image among
12        students to develop an understanding that there is a
13        range of body types and to feel positive about one's
14        own body type.
15            (D) Personal hygiene.
16            (E) Information about diverse sexual orientations,
17        gender identities, and gender expressions.
18            (F) Healthy relationships, including family and
19        friendships, that are based on mutual consent and
20        developing the ability to distinguish between healthy
21        and unhealthy relationships and how to promote
22        personal safety.
23            (G) The examination of the harm caused by
24        gender-role stereotypes, coercion, bullying,
25        harassment, and intimidation in relationships.
26            (H) Bullying, harassment, and abuse.

 

 

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1            (I) Reliance on and communication with parents and
2        trusted adults for help managing the physical, social,
3        and emotional changes during puberty, developing
4        healthy relationships, personal safety, and dealing
5        with bullying, harassment, or abuse.
6            (J) Discussion about social media, dating
7        applications, sexting, and other Internet-based
8        methods of communicating in relationships, including:
9                (i) the possible consequences of sharing or
10            forwarding sexually explicit or sexually
11            suggestive photographs or images, videos, or text
12            messages;
13                (ii) the identification of situations in which
14            bullying or harassment may result as a consequence
15            of using social media and dating applications or
16            engaging in sexting;
17                (iii) the possible long-term legal, social,
18            academic, and other consequences that may result
19            from possessing or distributing sexual content;
20                (iv) the importance of using the Internet
21            safely and how social media, dating applications,
22            and sexting may pose a risk to personal safety;
23                (v) the identification of individuals,
24            including school personnel, community members, and
25            parents, who may provide assistance with issues,
26            concerns, or problems resulting from use of the

 

 

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1            Internet; and
2                (vi) the development of strategies for
3            resisting peer pressure and for communicating in a
4            positive manner.
5            (K) Information about interpersonal violence,
6        sexual violence, and human trafficking. The
7        information about human trafficking shall include both
8        of the following:
9                (i) Information on the prevalence, nature, and
10            strategies to reduce the risk of human
11            trafficking, the techniques to set healthy
12            boundaries, and how to safely seek assistance.
13                (ii) Information about how social media and
14            mobile device applications are used for human
15            trafficking.
16            (L) Information about confidential local services
17        and resources where students can obtain additional
18        information related to bullying, dating violence and
19        sexual assault, suicide prevention, and other related
20        care without immediate parental notification or
21        consent.
22            (M) Information about mandated reporting of abused
23        and neglected children as required by the Abused and
24        Neglected Child Reporting Act.
25        (6) Beginning no later than July 1, 2022, a school
26    district shall provide inclusive, medically accurate and

 

 

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1    complete, age and developmentally appropriate, and
2    culturally appropriate comprehensive sex education in the
3    1st and 2nd grades and in kindergarten if kindergarten is
4    offered by the school. Comprehensive sex education in
5    kindergarten through 2nd grade shall include age and
6    developmentally appropriate instruction on the following
7    topics:
8            (A) Human anatomy.
9            (B) Gender roles.
10            (C) Varying family structures.
11            (D) Healthy relationships, including friendships.
12            (E) Personal bodily autonomy.
13            (F) How to promote personal safety, including
14        reliance on and communication with parents and trusted
15        adults.
16            (G) Bullying.
17        (7) Beginning no later than July 1, 2022, the State
18    Board of Education shall post on its website comprehensive
19    sex education resources that are inclusive, medically
20    accurate and complete, age and developmentally
21    appropriate, and culturally appropriate for use in
22    pre-kindergarten through the 12th grade. Any comprehensive
23    sex education offered to pre-kindergarten students shall
24    be age and developmentally appropriate.
25    (d) Parental requests and notice are as follows:
26        (1) It is the intent of the General Assembly to:

 

 

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1            (A) encourage pupils to communicate with their
2        parents or guardians about human sexuality and health
3        needs and to respect the rights of parents and
4        guardians to supervise their children's education on
5        these subjects;
6            (B) create a streamlined process to make it easier
7        for parents and guardians to review materials and
8        evaluation tools related to comprehensive sexual
9        health education; and
10            (C) recognize that although parents and guardians
11        overwhelmingly support medically accurate and
12        complete, age and developmentally appropriate, and
13        culturally appropriate comprehensive sex education,
14        parents and guardians have the ultimate responsibility
15        for imparting values regarding human sexuality to
16        their children.
17        (2) A parent or guardian of a student has the right to
18    excuse his or her child from all or part of comprehensive
19    sex education and assessments related to that education
20    through a passive consent process. A school district may
21    not require active parental consent for comprehensive sex
22    education.
23        (3) A school district shall post information on its
24    Internet website about any curricula used to provide
25    comprehensive sex education, including:
26            (A) whether the instruction was provided by a

 

 

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1        teacher in the school, an outside organization, or a
2        guest lecturer or resource person;
3            (B) the number of students who received the
4        instruction;
5            (C) the number of students excused from
6        instruction pursuant to this subsection; and
7            (D) the duration of instruction.
8        If any instruction is provided by an outside
9    organization or guest lecturer or resource person, the
10    school district shall specify the name of the outside
11    organization or the guest lecturer or resource person and
12    identify any organizations with which the guest lecturer or
13    resource person may be affiliated. If an Internet website
14    is not available, the information must be provided in
15    another format to school administrators, school board
16    members, school personnel, parents, guardians, students,
17    and the public.
18        (4) At the beginning of each school year, or, at the
19    time of a student's enrollment, a school district shall
20    notify the parent or guardian of each student about
21    instruction planned for the coming year about
22    comprehensive sex education and research on student
23    health, behaviors, and risks. The notice shall do all of
24    the following:
25            (A) Advise the parent or guardian that written and
26        audiovisual educational materials used in

 

 

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1        comprehensive sex education are available for
2        inspection both to the parent or guardian and to the
3        public.
4            (B) Advise the parent or guardian whether the
5        comprehensive sex education will be taught by school
6        district personnel or by an outside organization or
7        guest speaker. If comprehensive sex education is to be
8        taught by an outside organization or guest speaker, the
9        notice shall include the date of the instruction, the
10        name of the organization or affiliation of each guest
11        speaker, and information stating the right of the
12        parent or guardian to request a copy of the educational
13        materials to be used. If arrangements for this
14        instruction are made after the beginning of the school
15        year, the notice shall be made by mail or another
16        commonly used method of notification no fewer than 14
17        days before the instruction is delivered.
18            (C) Include information explaining the parent's or
19        guardian's right to request a copy of this Section.
20            (D) Advise the parent or guardian that the parent
21        or guardian has the right to excuse the student from
22        comprehensive sex education and that, in order to
23        excuse the student, the parent or guardian must submit
24        his or her request in writing to the school district.
25            (E) State that a student will not be subject to
26        disciplinary action, an academic penalty, or any other

 

 

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1        sanction if the student's parent or guardian requests
2        the student not receive the instruction provided under
3        this Section. If a student's parent or guardian
4        requests that the student not receive the instruction
5        provided under this Section, the school is encouraged
6        to provide alternative assignments on a related topic.
7    (e) The State Board shall adopt rules to implement,
8administer, and ensure compliance with this Section.
9    The State Board shall develop, maintain, and make publicly
10available State standards and the current list of curricula
11that are consistent with this Section.
12    The State Board shall require minimum education and
13training qualifications for comprehensive sex education
14instructors.
15    A school district must abide by this Section. All guest
16lecturers and resource people shall have expertise in
17comprehensive sex education consistent with this Section.
18    (f) The State Board shall convene a REACH implementation
19committee to support school districts with implementation of
20the mandate for comprehensive sex education as follows:
21        (1) The committee must be created and operational
22    within 60 days after the effective date of this amendatory
23    Act of the 101st General Assembly.
24        (2) The committee shall work with the State Board to:
25            (A) seek input from school districts about
26        implementation;

 

 

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1            (B) develop and disseminate guidance for school
2        districts;
3            (C) identify existing resources and curricula; and
4            (D) identify opportunities for professional
5        development for educators and school administrators.
6        (3) The committee may form subcommittees to guide and
7    organize its work.
8        (4) The State Board shall support the committee with
9    staff and resources.
10        (5) The State Superintendent of Education shall
11    appoint the members of the committee.
12        (6) Members of the committee are not entitled to
13    compensation for their service as members.
14        (7) At a minimum, the committee shall include:
15            (A) the State Superintendent or his or her
16        designee;
17            (B) a parent representative;
18            (C) a youth representative;
19            (D) a representative of kindergarten through grade
20        12 educators, with emphasis on sex education
21        educators;
22            (E) a representative of school-based health
23        centers or a school nurse;
24            (F) a representative of mental health providers;
25            (G) a representative of school social workers;
26            (H) a representative of a statewide coalition for

 

 

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1        survivors of sexual violence;
2            (I) a representative of a statewide coalition for
3        survivors of domestic violence;
4            (J) a representative of an organization serving
5        the needs of youth of color;
6            (K) a representative of an organization serving
7        the needs of immigrants;
8            (L) a representative of an organization serving
9        the needs of lesbian, gay, bisexual, transgender,
10        asexual, and queer youth;
11            (M) a representative from an interfaith
12        organization;
13            (N) a representative of an organization serving
14        the needs of intersex individuals; and
15            (O) a representative of an organization serving
16        the needs of students with disabilities.
17        (8) The committee shall be dissolved on January 1,
18    2025.
19    (g) The State Board may adopt rules setting forth a
20complaint procedure to enforce this Section.
21    The State Board shall establish a web portal to accept
22complaints from the public that a school district is not
23adhering to the requirements of this Section. A final
24determination of a complaint by the State Board shall be
25appealable to an Illinois circuit court.
26    (h) Pursuant to Section 2-3.25g, a school district may seek

 

 

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1a waiver or modification of a mandate for comprehensive sex
2education required under this Section. If the waiver or
3modification of a mandate is sought for comprehensive sex
4education in the 6th through 12th grades for the 2021-2022
5school year, the State Board shall automatically grant a
6one-year waiver of the mandate until the 2022-2023 school year.
7If the waiver or modification of a mandate is sought for
8comprehensive sex education during kindergarten through 5th
9grades for the 2022-2023 school year, the State Board shall
10automatically grant a one-year waiver of the mandate until the
112023-2024 school year.
12    (i) There is created by the State Board the REACH Grant
13Program as follows:
14        (1) The purpose of the REACH Grant Program is to
15    provide money to school districts and charter schools for
16    use in the creation and implementation of comprehensive sex
17    education pursuant to this Section.
18        (2) Upon receipt of federal money or other
19    appropriations or sources of funding, the State Board shall
20    notify school districts and charter schools throughout
21    this State of grants available through the REACH Grant
22    Program.
23        (3) The State Board shall award grants to school
24    districts and charter schools for a period of one year,
25    with the opportunity to seek a one-year extension.
26        (4) Money distributed to school districts and charter

 

 

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1    schools through the REACH Grant Program must be used only
2    for the provision of comprehensive sex education
3    instruction that complies with this Section.
4        (5) On or before July 1, 2022 and every year thereafter
5    in which grants have been awarded, the State Board shall
6    submit a report concerning the outcomes of the REACH Grant
7    Program to the General Assembly. The report must include,
8    at a minimum:
9            (A) the school districts and charter schools that
10        received a grant under the program;
11            (B) the number of students taught and the
12        instruction utilized;
13            (C) the amount of each grant awarded;
14            (D) the average amount of all grants awarded; and
15            (E) an analysis by the State Board of the impact of
16        funding.
17        (6) Nothing in this subsection prohibits a school
18    district or charter school from applying for and receiving
19    grants through the REACH Grant Program and from applying
20    for and receiving grants or other funding through other
21    sources. A school district or charter school may apply for
22    and receive grants and funding for comprehensive sex
23    education from multiple sources.
24        (7) The State Board shall adopt any rules it deems
25    necessary for the administration of this subsection.
 

 

 

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1    (105 ILCS 5/27A-5)
2    (Text of Section before amendment by P.A. 101-50)
3    Sec. 27A-5. Charter school; legal entity; requirements.
4    (a) A charter school shall be a public, nonsectarian,
5nonreligious, non-home based, and non-profit school. A charter
6school shall be organized and operated as a nonprofit
7corporation or other discrete, legal, nonprofit entity
8authorized under the laws of the State of Illinois.
9    (b) A charter school may be established under this Article
10by creating a new school or by converting an existing public
11school or attendance center to charter school status. Beginning
12on April 16, 2003 (the effective date of Public Act 93-3), in
13all new applications to establish a charter school in a city
14having a population exceeding 500,000, operation of the charter
15school shall be limited to one campus. The changes made to this
16Section by Public Act 93-3 do not apply to charter schools
17existing or approved on or before April 16, 2003 (the effective
18date of Public Act 93-3).
19    (b-5) In this subsection (b-5), "virtual-schooling" means
20a cyber school where students engage in online curriculum and
21instruction via the Internet and electronic communication with
22their teachers at remote locations and with students
23participating at different times.
24    From April 1, 2013 through December 31, 2016, there is a
25moratorium on the establishment of charter schools with
26virtual-schooling components in school districts other than a

 

 

10100HB4663ham001- 30 -LRB101 18778 CMG 70629 a

1school district organized under Article 34 of this Code. This
2moratorium does not apply to a charter school with
3virtual-schooling components existing or approved prior to
4April 1, 2013 or to the renewal of the charter of a charter
5school with virtual-schooling components already approved
6prior to April 1, 2013.
7    (c) A charter school shall be administered and governed by
8its board of directors or other governing body in the manner
9provided in its charter. The governing body of a charter school
10shall be subject to the Freedom of Information Act and the Open
11Meetings Act. No later than January 1, 2021 (one year after the
12effective date of Public Act 101-291) this amendatory Act of
13the 101st General Assembly, a charter school's board of
14directors or other governing body must include at least one
15parent or guardian of a pupil currently enrolled in the charter
16school who may be selected through the charter school or a
17charter network election, appointment by the charter school's
18board of directors or other governing body, or by the charter
19school's Parent Teacher Organization or its equivalent.
20    (c-5) No later than January 1, 2021 (one year after the
21effective date of Public Act 101-291) this amendatory Act of
22the 101st General Assembly or within the first year of his or
23her first term, every voting member of a charter school's board
24of directors or other governing body shall complete a minimum
25of 4 hours of professional development leadership training to
26ensure that each member has sufficient familiarity with the

 

 

10100HB4663ham001- 31 -LRB101 18778 CMG 70629 a

1board's or governing body's role and responsibilities,
2including financial oversight and accountability of the
3school, evaluating the principal's and school's performance,
4adherence to the Freedom of Information Act and the Open
5Meetings Act Acts, and compliance with education and labor law.
6In each subsequent year of his or her term, a voting member of
7a charter school's board of directors or other governing body
8shall complete a minimum of 2 hours of professional development
9training in these same areas. The training under this
10subsection may be provided or certified by a statewide charter
11school membership association or may be provided or certified
12by other qualified providers approved by the State Board of
13Education.
14    (d) For purposes of this subsection (d), "non-curricular
15health and safety requirement" means any health and safety
16requirement created by statute or rule to provide, maintain,
17preserve, or safeguard safe or healthful conditions for
18students and school personnel or to eliminate, reduce, or
19prevent threats to the health and safety of students and school
20personnel. "Non-curricular health and safety requirement" does
21not include any course of study or specialized instructional
22requirement for which the State Board has established goals and
23learning standards or which is designed primarily to impart
24knowledge and skills for students to master and apply as an
25outcome of their education.
26    A charter school shall comply with all non-curricular

 

 

10100HB4663ham001- 32 -LRB101 18778 CMG 70629 a

1health and safety requirements applicable to public schools
2under the laws of the State of Illinois. On or before September
31, 2015, the State Board shall promulgate and post on its
4Internet website a list of non-curricular health and safety
5requirements that a charter school must meet. The list shall be
6updated annually no later than September 1. Any charter
7contract between a charter school and its authorizer must
8contain a provision that requires the charter school to follow
9the list of all non-curricular health and safety requirements
10promulgated by the State Board and any non-curricular health
11and safety requirements added by the State Board to such list
12during the term of the charter. Nothing in this subsection (d)
13precludes an authorizer from including non-curricular health
14and safety requirements in a charter school contract that are
15not contained in the list promulgated by the State Board,
16including non-curricular health and safety requirements of the
17authorizing local school board.
18    (e) Except as otherwise provided in the School Code, a
19charter school shall not charge tuition; provided that a
20charter school may charge reasonable fees for textbooks,
21instructional materials, and student activities.
22    (f) A charter school shall be responsible for the
23management and operation of its fiscal affairs including, but
24not limited to, the preparation of its budget. An audit of each
25charter school's finances shall be conducted annually by an
26outside, independent contractor retained by the charter

 

 

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1school. To ensure financial accountability for the use of
2public funds, on or before December 1 of every year of
3operation, each charter school shall submit to its authorizer
4and the State Board a copy of its audit and a copy of the Form
5990 the charter school filed that year with the federal
6Internal Revenue Service. In addition, if deemed necessary for
7proper financial oversight of the charter school, an authorizer
8may require quarterly financial statements from each charter
9school.
10    (g) A charter school shall comply with all provisions of
11this Article, the Illinois Educational Labor Relations Act, all
12federal and State laws and rules applicable to public schools
13that pertain to special education and the instruction of
14English learners, and its charter. A charter school is exempt
15from all other State laws and regulations in this Code
16governing public schools and local school board policies;
17however, a charter school is not exempt from the following:
18        (1) Sections 10-21.9 and 34-18.5 of this Code regarding
19    criminal history records checks and checks of the Statewide
20    Sex Offender Database and Statewide Murderer and Violent
21    Offender Against Youth Database of applicants for
22    employment;
23        (2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and
24    34-84a of this Code regarding discipline of students;
25        (3) the Local Governmental and Governmental Employees
26    Tort Immunity Act;

 

 

10100HB4663ham001- 34 -LRB101 18778 CMG 70629 a

1        (4) Section 108.75 of the General Not For Profit
2    Corporation Act of 1986 regarding indemnification of
3    officers, directors, employees, and agents;
4        (5) the Abused and Neglected Child Reporting Act;
5        (5.5) subsection (b) of Section 10-23.12 and
6    subsection (b) of Section 34-18.6 of this Code;
7        (6) the Illinois School Student Records Act;
8        (7) Section 10-17a of this Code regarding school report
9    cards;
10        (8) the P-20 Longitudinal Education Data System Act;
11        (9) Section 27-23.7 of this Code regarding bullying
12    prevention;
13        (10) Section 2-3.162 of this Code regarding student
14    discipline reporting;
15        (11) Sections 22-80 and 27-8.1 of this Code;
16        (12) Sections 10-20.60 and 34-18.53 of this Code;
17        (13) Sections 10-20.63 and 34-18.56 of this Code;
18        (14) Section 26-18 of this Code;
19        (15) Section 22-30 of this Code; and
20        (16) Sections 24-12 and 34-85 of this Code; .
21        (17) Section 10-23.13 of this Code; and
22        (18) Section 27-9.1a of this Code.
23    The change made by Public Act 96-104 to this subsection (g)
24is declaratory of existing law.
25    (h) A charter school may negotiate and contract with a
26school district, the governing body of a State college or

 

 

10100HB4663ham001- 35 -LRB101 18778 CMG 70629 a

1university or public community college, or any other public or
2for-profit or nonprofit private entity for: (i) the use of a
3school building and grounds or any other real property or
4facilities that the charter school desires to use or convert
5for use as a charter school site, (ii) the operation and
6maintenance thereof, and (iii) the provision of any service,
7activity, or undertaking that the charter school is required to
8perform in order to carry out the terms of its charter.
9However, a charter school that is established on or after April
1016, 2003 (the effective date of Public Act 93-3) and that
11operates in a city having a population exceeding 500,000 may
12not contract with a for-profit entity to manage or operate the
13school during the period that commences on April 16, 2003 (the
14effective date of Public Act 93-3) and concludes at the end of
15the 2004-2005 school year. Except as provided in subsection (i)
16of this Section, a school district may charge a charter school
17reasonable rent for the use of the district's buildings,
18grounds, and facilities. Any services for which a charter
19school contracts with a school district shall be provided by
20the district at cost. Any services for which a charter school
21contracts with a local school board or with the governing body
22of a State college or university or public community college
23shall be provided by the public entity at cost.
24    (i) In no event shall a charter school that is established
25by converting an existing school or attendance center to
26charter school status be required to pay rent for space that is

 

 

10100HB4663ham001- 36 -LRB101 18778 CMG 70629 a

1deemed available, as negotiated and provided in the charter
2agreement, in school district facilities. However, all other
3costs for the operation and maintenance of school district
4facilities that are used by the charter school shall be subject
5to negotiation between the charter school and the local school
6board and shall be set forth in the charter.
7    (j) A charter school may limit student enrollment by age or
8grade level.
9    (k) If the charter school is approved by the State Board or
10Commission, then the charter school is its own local education
11agency.
12(Source: P.A. 100-29, eff. 1-1-18; 100-156, eff. 1-1-18;
13100-163, eff. 1-1-18; 100-413, eff. 1-1-18; 100-468, eff.
146-1-18; 100-726, eff. 1-1-19; 100-863, eff. 8-14-18; 101-81,
15eff. 7-12-19; 101-291, eff. 1-1-20; 101-531, eff. 8-23-19;
16101-543, eff. 8-23-19; revised 9-19-19.)
 
17    (Text of Section after amendment by P.A. 101-50)
18    Sec. 27A-5. Charter school; legal entity; requirements.
19    (a) A charter school shall be a public, nonsectarian,
20nonreligious, non-home based, and non-profit school. A charter
21school shall be organized and operated as a nonprofit
22corporation or other discrete, legal, nonprofit entity
23authorized under the laws of the State of Illinois.
24    (b) A charter school may be established under this Article
25by creating a new school or by converting an existing public

 

 

10100HB4663ham001- 37 -LRB101 18778 CMG 70629 a

1school or attendance center to charter school status. Beginning
2on April 16, 2003 (the effective date of Public Act 93-3), in
3all new applications to establish a charter school in a city
4having a population exceeding 500,000, operation of the charter
5school shall be limited to one campus. The changes made to this
6Section by Public Act 93-3 do not apply to charter schools
7existing or approved on or before April 16, 2003 (the effective
8date of Public Act 93-3).
9    (b-5) In this subsection (b-5), "virtual-schooling" means
10a cyber school where students engage in online curriculum and
11instruction via the Internet and electronic communication with
12their teachers at remote locations and with students
13participating at different times.
14    From April 1, 2013 through December 31, 2016, there is a
15moratorium on the establishment of charter schools with
16virtual-schooling components in school districts other than a
17school district organized under Article 34 of this Code. This
18moratorium does not apply to a charter school with
19virtual-schooling components existing or approved prior to
20April 1, 2013 or to the renewal of the charter of a charter
21school with virtual-schooling components already approved
22prior to April 1, 2013.
23    (c) A charter school shall be administered and governed by
24its board of directors or other governing body in the manner
25provided in its charter. The governing body of a charter school
26shall be subject to the Freedom of Information Act and the Open

 

 

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1Meetings Act. No later than January 1, 2021 (one year after the
2effective date of Public Act 101-291) this amendatory Act of
3the 101st General Assembly, a charter school's board of
4directors or other governing body must include at least one
5parent or guardian of a pupil currently enrolled in the charter
6school who may be selected through the charter school or a
7charter network election, appointment by the charter school's
8board of directors or other governing body, or by the charter
9school's Parent Teacher Organization or its equivalent.
10    (c-5) No later than January 1, 2021 (one year after the
11effective date of Public Act 101-291) this amendatory Act of
12the 101st General Assembly or within the first year of his or
13her first term, every voting member of a charter school's board
14of directors or other governing body shall complete a minimum
15of 4 hours of professional development leadership training to
16ensure that each member has sufficient familiarity with the
17board's or governing body's role and responsibilities,
18including financial oversight and accountability of the
19school, evaluating the principal's and school's performance,
20adherence to the Freedom of Information Act and the Open
21Meetings Act Acts, and compliance with education and labor law.
22In each subsequent year of his or her term, a voting member of
23a charter school's board of directors or other governing body
24shall complete a minimum of 2 hours of professional development
25training in these same areas. The training under this
26subsection may be provided or certified by a statewide charter

 

 

10100HB4663ham001- 39 -LRB101 18778 CMG 70629 a

1school membership association or may be provided or certified
2by other qualified providers approved by the State Board of
3Education.
4    (d) For purposes of this subsection (d), "non-curricular
5health and safety requirement" means any health and safety
6requirement created by statute or rule to provide, maintain,
7preserve, or safeguard safe or healthful conditions for
8students and school personnel or to eliminate, reduce, or
9prevent threats to the health and safety of students and school
10personnel. "Non-curricular health and safety requirement" does
11not include any course of study or specialized instructional
12requirement for which the State Board has established goals and
13learning standards or which is designed primarily to impart
14knowledge and skills for students to master and apply as an
15outcome of their education.
16    A charter school shall comply with all non-curricular
17health and safety requirements applicable to public schools
18under the laws of the State of Illinois. On or before September
191, 2015, the State Board shall promulgate and post on its
20Internet website a list of non-curricular health and safety
21requirements that a charter school must meet. The list shall be
22updated annually no later than September 1. Any charter
23contract between a charter school and its authorizer must
24contain a provision that requires the charter school to follow
25the list of all non-curricular health and safety requirements
26promulgated by the State Board and any non-curricular health

 

 

10100HB4663ham001- 40 -LRB101 18778 CMG 70629 a

1and safety requirements added by the State Board to such list
2during the term of the charter. Nothing in this subsection (d)
3precludes an authorizer from including non-curricular health
4and safety requirements in a charter school contract that are
5not contained in the list promulgated by the State Board,
6including non-curricular health and safety requirements of the
7authorizing local school board.
8    (e) Except as otherwise provided in the School Code, a
9charter school shall not charge tuition; provided that a
10charter school may charge reasonable fees for textbooks,
11instructional materials, and student activities.
12    (f) A charter school shall be responsible for the
13management and operation of its fiscal affairs including, but
14not limited to, the preparation of its budget. An audit of each
15charter school's finances shall be conducted annually by an
16outside, independent contractor retained by the charter
17school. To ensure financial accountability for the use of
18public funds, on or before December 1 of every year of
19operation, each charter school shall submit to its authorizer
20and the State Board a copy of its audit and a copy of the Form
21990 the charter school filed that year with the federal
22Internal Revenue Service. In addition, if deemed necessary for
23proper financial oversight of the charter school, an authorizer
24may require quarterly financial statements from each charter
25school.
26    (g) A charter school shall comply with all provisions of

 

 

10100HB4663ham001- 41 -LRB101 18778 CMG 70629 a

1this Article, the Illinois Educational Labor Relations Act, all
2federal and State laws and rules applicable to public schools
3that pertain to special education and the instruction of
4English learners, and its charter. A charter school is exempt
5from all other State laws and regulations in this Code
6governing public schools and local school board policies;
7however, a charter school is not exempt from the following:
8        (1) Sections 10-21.9 and 34-18.5 of this Code regarding
9    criminal history records checks and checks of the Statewide
10    Sex Offender Database and Statewide Murderer and Violent
11    Offender Against Youth Database of applicants for
12    employment;
13        (2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and
14    34-84a of this Code regarding discipline of students;
15        (3) the Local Governmental and Governmental Employees
16    Tort Immunity Act;
17        (4) Section 108.75 of the General Not For Profit
18    Corporation Act of 1986 regarding indemnification of
19    officers, directors, employees, and agents;
20        (5) the Abused and Neglected Child Reporting Act;
21        (5.5) subsection (b) of Section 10-23.12 and
22    subsection (b) of Section 34-18.6 of this Code;
23        (6) the Illinois School Student Records Act;
24        (7) Section 10-17a of this Code regarding school report
25    cards;
26        (8) the P-20 Longitudinal Education Data System Act;

 

 

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1        (9) Section 27-23.7 of this Code regarding bullying
2    prevention;
3        (10) Section 2-3.162 of this Code regarding student
4    discipline reporting;
5        (11) Sections 22-80 and 27-8.1 of this Code;
6        (12) Sections 10-20.60 and 34-18.53 of this Code;
7        (13) Sections 10-20.63 and 34-18.56 of this Code;
8        (14) Section 26-18 of this Code;
9        (15) Section 22-30 of this Code; and
10        (16) Sections 24-12 and 34-85 of this Code; .
11        (17) (16) The Seizure Smart School Act; .
12        (18) Section 10-23.13 of this Code; and
13        (19) Section 27-9.1a of this Code.
14    The change made by Public Act 96-104 to this subsection (g)
15is declaratory of existing law.
16    (h) A charter school may negotiate and contract with a
17school district, the governing body of a State college or
18university or public community college, or any other public or
19for-profit or nonprofit private entity for: (i) the use of a
20school building and grounds or any other real property or
21facilities that the charter school desires to use or convert
22for use as a charter school site, (ii) the operation and
23maintenance thereof, and (iii) the provision of any service,
24activity, or undertaking that the charter school is required to
25perform in order to carry out the terms of its charter.
26However, a charter school that is established on or after April

 

 

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116, 2003 (the effective date of Public Act 93-3) and that
2operates in a city having a population exceeding 500,000 may
3not contract with a for-profit entity to manage or operate the
4school during the period that commences on April 16, 2003 (the
5effective date of Public Act 93-3) and concludes at the end of
6the 2004-2005 school year. Except as provided in subsection (i)
7of this Section, a school district may charge a charter school
8reasonable rent for the use of the district's buildings,
9grounds, and facilities. Any services for which a charter
10school contracts with a school district shall be provided by
11the district at cost. Any services for which a charter school
12contracts with a local school board or with the governing body
13of a State college or university or public community college
14shall be provided by the public entity at cost.
15    (i) In no event shall a charter school that is established
16by converting an existing school or attendance center to
17charter school status be required to pay rent for space that is
18deemed available, as negotiated and provided in the charter
19agreement, in school district facilities. However, all other
20costs for the operation and maintenance of school district
21facilities that are used by the charter school shall be subject
22to negotiation between the charter school and the local school
23board and shall be set forth in the charter.
24    (j) A charter school may limit student enrollment by age or
25grade level.
26    (k) If the charter school is approved by the State Board or

 

 

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1Commission, then the charter school is its own local education
2agency.
3(Source: P.A. 100-29, eff. 1-1-18; 100-156, eff. 1-1-18;
4100-163, eff. 1-1-18; 100-413, eff. 1-1-18; 100-468, eff.
56-1-18; 100-726, eff. 1-1-19; 100-863, eff. 8-14-18; 101-50,
6eff. 7-1-20; 101-81, eff. 7-12-19; 101-291, eff. 1-1-20;
7101-531, eff. 8-23-19; 101-543, eff. 8-23-19; revised
89-19-19.)
 
9    (105 ILCS 5/34-18.8)  (from Ch. 122, par. 34-18.8)
10    Sec. 34-18.8. HIV AIDS training. School guidance
11counselors, nurses, teachers and other school personnel who
12work with pupils shall may be trained to have a basic knowledge
13of matters relating to human immunodeficiency virus (HIV)
14acquired immunodeficiency syndrome (AIDS), including the
15nature of the infection disease, its causes and effects, the
16means of detecting it and preventing its transmission, the
17availability of appropriate sources of counseling and
18referral, and any other medically accurate information that is
19age and developmentally appropriate for may be appropriate
20considering the age and grade level of such pupils. The Board
21of Education shall supervise such training. The State Board of
22Education and the Department of Public Health shall jointly
23develop standards for such training.
24(Source: P.A. 86-900.)
 

 

 

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1    (105 ILCS 5/27-9.1 rep.)
2    (105 ILCS 5/27-9.2 rep.)
3    (105 ILCS 5/27-11 rep.)
4    Section 10. The School Code is amended by repealing
5Sections 27-9.1, 27-9.2, and 27-11.
 
6    Section 95. No acceleration or delay. Where this Act makes
7changes in a statute that is represented in this Act by text
8that is not yet or no longer in effect (for example, a Section
9represented by multiple versions), the use of that text does
10not accelerate or delay the taking effect of (i) the changes
11made by this Act or (ii) provisions derived from any other
12Public Act.
 
13    Section 99. Effective date. This Act takes effect upon
14becoming law.".