101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB3788

 

Introduced 2/14/2020, by Sen. Celina Villanueva

 

SYNOPSIS AS INTRODUCED:
 
105 ILCS 5/2-3.62  from Ch. 122, par. 2-3.62
105 ILCS 5/27-9.1  from Ch. 122, par. 27-9.1
105 ILCS 5/27-9.2  from Ch. 122, par. 27-9.2
105 ILCS 110/3

    Amends the School Code. Makes changes concerning sex education, including changing the name to sexual health and changing course requirements. Makes changes concerning family life course requirements. Amends the Critical Health Problems and Comprehensive Health Education Act to make changes concerning the educational areas a comprehensive health education program must include. Effective immediately.


LRB101 19426 NHT 70039 b

FISCAL NOTE ACT MAY APPLY
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

 

 

A BILL FOR

 

SB3788LRB101 19426 NHT 70039 b

1    AN ACT concerning education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The School Code is amended by changing Sections
52-3.62, 27-9.1, and 27-9.2 as follows:
 
6    (105 ILCS 5/2-3.62)  (from Ch. 122, par. 2-3.62)
7    Sec. 2-3.62. Educational service centers.
8    (a) A regional network of educational service centers shall
9be established by the State Board of Education to coordinate
10and combine existing services in a manner which is practical
11and efficient and to provide new services to schools as
12provided in this Section. Services to be made available by such
13centers shall include the planning, implementation and
14evaluation of:
15        (1) (blank);
16        (2) computer technology education;
17        (3) mathematics, science and reading resources for
18    teachers including continuing education, inservice
19    training and staff development.
20    The centers may provide training, technical assistance,
21coordination and planning in other program areas such as school
22improvement, school accountability, financial planning,
23consultation, and services, career guidance, early childhood

 

 

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1education, alcohol/drug education and prevention, family life -
2 sexual health sex education, electronic transmission of data
3from school districts to the State, alternative education and
4regional special education, and telecommunications systems
5that provide distance learning. Such telecommunications
6systems may be obtained through the Department of Central
7Management Services pursuant to Section 405-270 of the
8Department of Central Management Services Law (20 ILCS
9405/405-270). The programs and services of educational service
10centers may be offered to private school teachers and private
11school students within each service center area provided public
12schools have already been afforded adequate access to such
13programs and services.
14    Upon the abolition of the office, removal from office,
15disqualification for office, resignation from office, or
16expiration of the current term of office of the regional
17superintendent of schools, whichever is earlier, the chief
18administrative officer of the centers serving that portion of a
19Class II county school unit outside of a city of 500,000 or
20more inhabitants shall have and exercise, in and with respect
21to each educational service region having a population of
222,000,000 or more inhabitants and in and with respect to each
23school district located in any such educational service region,
24all of the rights, powers, duties, and responsibilities
25theretofore vested by law in and exercised and performed by the
26regional superintendent of schools for that area under the

 

 

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1provisions of this Code or any other laws of this State.
2    The State Board of Education shall promulgate rules and
3regulations necessary to implement this Section. The rules
4shall include detailed standards which delineate the scope and
5specific content of programs to be provided by each Educational
6Service Center, as well as the specific planning,
7implementation and evaluation services to be provided by each
8Center relative to its programs. The Board shall also provide
9the standards by which it will evaluate the programs provided
10by each Center.
11    (b) Centers serving Class 1 county school units shall be
12governed by an 11-member board, 3 members of which shall be
13public school teachers nominated by the local bargaining
14representatives to the appropriate regional superintendent for
15appointment and no more than 3 members of which shall be from
16each of the following categories, including but not limited to
17superintendents, regional superintendents, school board
18members and a representative of an institution of higher
19education. The members of the board shall be appointed by the
20regional superintendents whose school districts are served by
21the educational service center. The composition of the board
22will reflect the revisions of this amendatory Act of 1989 as
23the terms of office of current members expire.
24    (c) The centers shall be of sufficient size and number to
25assure delivery of services to all local school districts in
26the State.

 

 

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1    (d) From monies appropriated for this program the State
2Board of Education shall provide grants paid from the Personal
3Property Tax Replacement Fund to qualifying Educational
4Service Centers applying for such grants in accordance with
5rules and regulations promulgated by the State Board of
6Education to implement this Section.
7    (e) The governing authority of each of the 18 regional
8educational service centers shall appoint a family life -
9sexual health sex education advisory board consisting of 2
10parents, 2 teachers, 2 school administrators, 2 school board
11members, 2 health care professionals, one library system
12representative, and the director of the regional educational
13service center who shall serve as chairperson of the advisory
14board so appointed. Members of the family life - sexual health
15sex education advisory boards shall serve without
16compensation. Each of the advisory boards appointed pursuant to
17this subsection shall develop a plan for regional
18teacher-parent family life - sexual health sex education
19training sessions and shall file a written report of such plan
20with the governing board of their regional educational service
21center. The directors of each of the regional educational
22service centers shall thereupon meet, review each of the
23reports submitted by the advisory boards and combine those
24reports into a single written report which they shall file with
25the Citizens Council on School Problems prior to the end of the
26regular school term of the 1987-1988 school year.

 

 

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1    (f) The 14 educational service centers serving Class I
2county school units shall be disbanded on the first Monday of
3August, 1995, and their statutory responsibilities and
4programs shall be assumed by the regional offices of education,
5subject to rules and regulations developed by the State Board
6of Education. The regional superintendents of schools elected
7by the voters residing in all Class I counties shall serve as
8the chief administrators for these programs and services.
9(Source: P.A. 98-24, eff. 6-19-13; 98-647, eff. 6-13-14; 99-30,
10eff. 7-10-15.)
 
11    (105 ILCS 5/27-9.1)  (from Ch. 122, par. 27-9.1)
12    Sec. 27-9.1. Sexual Health Sex education.
13    (a) In this Section:
14    "Abstinence" means not engaging in oral, vaginal, or anal
15intercourse or genital skin-to-skin contact.
16    "Adapt" means to modify an evidence-based or
17evidence-informed program model for use with a particular
18demographic, ethnic, linguistic, or cultural group.
19    "Age appropriate" means suitable to particular ages or age
20groups of children and adolescents, based on the developing
21cognitive, emotional, and behavioral capacity typical for the
22age or age group.
23    "Anatomy and physiology" means that information that
24provides a foundation for understanding basic human
25functioning.

 

 

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1    "Characteristics of effective programs" means the aspects
2of evidence-based programs, including the development,
3content, and implementation of such programs, that (i) have
4been shown to be effective in terms of increasing knowledge,
5clarifying values and attitudes, increasing skills, and
6impacting behavior and (ii) are widely recognized by leading
7medical and public health agencies to be effective in changing
8sexual behaviors that lead to sexually transmitted infections,
9including HIV, unintended pregnancy, and dating violence and
10sexual assault among young people.
11    "Comprehensive" means essential information that includes,
12but is not limited to, content related to anatomy and
13physiology; healthy relationships; identity; personal safety;
14pregnancy and reproduction; puberty, growth, and adolescent
15development; and sexually transmitted infections, including
16HIV.
17    "Consent" means an affirmative, knowing, conscious,
18ongoing, and voluntary agreement to engage in interpersonal,
19physical, or sexual activity, which can be revoked at any
20point, including during the course of interpersonal, physical,
21or sexual activity.
22    "Culturally appropriate" means affirming culturally
23diverse individuals, families, and communities in an
24inclusive, respectful, and effective manner, including
25materials and instruction that are inclusive of race,
26ethnicity, language, cultural background, religion, gender,

 

 

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1gender identity, gender expression, sexual orientation, sexual
2behavior, and different abilities.
3    "Evidence-based program" means a program for which
4systematic, empirical research or evaluation has provided
5evidence of effectiveness.
6    "Evidence-informed program" means a program that uses the
7best available research and practice knowledge to guide program
8design and implementation.
9    "Healthy relationships" means that information that helps
10pupils learn how to identify healthy and unhealthy relationship
11behaviors and helps pupils develop the skills to navigate
12changing relationships among family, peers, and partners.
13    "Identity" means that information that addresses several
14fundamental aspects of people's understanding of how they
15identify their sexual orientation, gender, gender identity, or
16gender expression.
17    "Personal safety" means that information that helps pupils
18develop an awareness about and the skills and confidence to
19respond to bullying, harassment, including sexual harassment,
20sexual abuse, sexual assault, intimate partner violence,
21incest, rape, and sex trafficking and the role that schools
22play in creating learning environments that promote personal
23safety.
24    "Pregnancy and reproduction" means that information that
25addresses how pregnancy happens, decision-making to avoid
26unintended pregnancy through abstinence and contraception,

 

 

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1prenatal practices and resources that support a healthy
2pregnancy; and information that helps pupils understand
3resources and laws related to pregnancy, adoption, abortion,
4and parenting.
5    Puberty, growth, and adolescent development" means that
6information that addresses a pivotal milestone for every person
7that has an impact on cognitive, emotional, physical, sexual
8and social development.
9    "Sexually transmitted infections, including HIV" means
10that information that provides both content and skills for
11understanding scientifically accepted methods of how to
12prevent and avoid exposure to sexually transmitted infections
13(STIs), including HIV, through abstinence, condoms,
14vaccination, Pre-exposure Prophylaxis (PrEP), and
15Post-exposure Prophylaxis (PEP), including how they are
16transmitted, their signs, symptoms, and options for screening,
17testing, and treatment, and other medical care.
18    "Medically accurate" means verified or supported by the
19weight of research conducted in compliance with accepted
20scientific methods and published in peer-reviewed journals, if
21applicable, or comprising information recognized as accurate,
22objective, and complete.
23    "Unintended pregnancy" means a pregnancy that is
24unplanned, unwanted (that is, the pregnancy occurred when no
25children or no more children were desired) or mistimed (that
26is, the pregnancy occurred earlier than desired).

 

 

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1    (a-5) No pupil shall be required to take or participate in
2any class or course in comprehensive sexual health sex
3education if that pupil's his parent or guardian submits
4written objection thereto, and refusal to take or participate
5in such course or program shall not be reason for suspension or
6expulsion of such pupil. Each class or course in comprehensive
7sex education offered in any of grades 6 through 12 shall
8include instruction on both abstinence and contraception for
9the prevention of pregnancy and sexually transmitted diseases,
10including HIV/AIDS. Nothing in this Section prohibits
11instruction in sanitation, hygiene or traditional courses in
12biology.
13    (b) (Blank). All public school classes that teach sex
14education and discuss sexual intercourse in grades 6 through 12
15shall emphasize that abstinence from sexual intercourse is a
16responsible and positive decision and is the only protection
17that is 100% effective against unwanted teenage pregnancy,
18sexually transmitted diseases, and acquired immune deficiency
19syndrome (AIDS) when transmitted sexually.
20    (c) All classes that teach sexual health sex education and
21discuss sexual intercourse in grades 6 through 12 shall satisfy
22the following criteria:
23        (1) Course material and instruction shall be
24    culturally, developmentally, linguistically, and age
25    appropriate, medically accurate, and comprehensive
26    complete.

 

 

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1        (1.5) Course material and instruction shall replicate
2    evidence-based or evidence-informed programs or
3    substantially incorporate elements of evidence-based
4    programs or evidence-informed programs or characteristics
5    of effective programs.
6        (2) Course material and instruction shall include
7    information on the value of healthy, consenting, committed
8    relationships, including marriage and civil unions and how
9    to form and maintain healthy romantic, sexual, and intimate
10    partnerships that are based on mutual consent and are free
11    from violence, coercion, and intimidation. teach honor and
12    respect for monogamous heterosexual marriage.
13        (3) Course material and instruction shall include
14    information stating that continuous, consistent,
15    abstinence from sexual activity is the only protection that
16    is 100% effective against unintended pregnancy and STIs,
17    including HIV. Course material and instruction shall also
18    include information about scientifically accepted methods
19    that can be used to greatly reduce unintended pregnancy and
20    STIs, including HIV. These methods include, but are not
21    limited to, contraception, vaccination, PrEP and PEP,
22    regular testing and screening, and other medical care.
23    place substantial emphasis on both abstinence, including
24    abstinence until marriage, and contraception for the
25    prevention of pregnancy and sexually transmitted diseases
26    among youth and shall stress that abstinence is the ensured

 

 

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1    method of avoiding unintended pregnancy, sexually
2    transmitted diseases, and HIV/AIDS.
3        (4) Course material and instruction related to
4    pregnancy shall include an objective discussion of
5    parenting, adoption, and abortion. shall include a
6    discussion of the possible emotional and psychological
7    consequences of preadolescent and adolescent sexual
8    intercourse and the consequences of unwanted adolescent
9    pregnancy.
10        (5) Course material and instruction shall include
11    information, consistent with federal Centers for Disease
12    Control and Prevention (CDC) statistics, citing the
13    effectiveness and safety of all federal Food and Drug
14    Administration (FDA) approved methods in preventing or
15    reducing the likelihood of acquiring HIV and other STIs.
16    stress that sexually transmitted diseases are serious
17    possible hazards of sexual intercourse. Pupils shall be
18    provided with statistics based on the latest medical
19    information citing the failure and success rates of condoms
20    in preventing AIDS and other sexually transmitted
21    diseases.
22        (5.5) Course material and instruction shall provide
23    information, consistent with CDC statistics, citing the
24    effectiveness and safety of all FDA-approved contraceptive
25    methods in preventing unintended pregnancy, including, but
26    not limited to, emergency contraception.

 

 

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1        (6) Course material and instruction shall include
2    information and skills development relating to parenting,
3    including financial and emotional responsibilities,
4    communication skills, problem solving, and caretaking.
5    Course material and instruction shall also include
6    information on laws pertaining to medical care and medical
7    decisions throughout pregnancy and birth, surrendering
8    physical custody of a child pursuant to the Abandoned
9    Newborn Infant Protection Act, and the rights of pregnant
10    pupils to stay in their own school or enroll in a school
11    designed just for pregnant pupils. advise pupils of the
12    laws pertaining to their financial responsibility to
13    children born in and out of wedlock.
14        (7) Course material and instruction shall advise
15    pupils of the circumstances under which it is unlawful for
16    a person to have sexual relations with an individual who is
17    under the age of 17 and for a person who is in a position of
18    trust, authority, or supervision to have sexual relations
19    with an individual who is under the age of 18 pursuant to
20    Article 11 of the Criminal Code of 2012.
21        (8) Course material and instruction shall provide
22    pupils with the knowledge and skills for making and
23    implementing healthy decisions about sexuality, including
24    negotiation and refusal skills, to assist pupils in
25    overcoming peer pressure and using effective
26    decision-making skills to avoid high risk activities.

 

 

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1    Course material and instruction shall also teach pupils to
2    not make unwanted physical and verbal sexual advances and
3    how to say no to unwanted sexual advances and how to give,
4    receive, and understand consent. Pupils shall be taught
5    that it is wrong to take advantage of or to exploit another
6    person. The material and instruction shall also encourage
7    pupils youth to resist negative peer pressure. The material
8    and instruction shall include discussion on what may be
9    considered sexual harassment or sexual assault.
10        (9) (Blank).
11        (10) Course material and instruction shall teach
12    pupils about the effect of drugs and alcohol on responsible
13    decision-making and consent, including the dangers
14    associated with drug and alcohol consumption during
15    pregnancy and when engaging in sexual activity.
16        (11) Course material and instruction must include an
17    age-appropriate discussion on the meaning of consent that
18    includes discussion on recognizing all of the following:
19            (A) That consent is a freely given agreement to
20        sexual activity.
21            (B) That consent to one particular sexual activity
22        does not constitute consent to other types of sexual
23        activities.
24            (C) That a person's lack of verbal or physical
25        resistance or submission resulting from the use or
26        threat of force does not constitute consent.

 

 

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1            (D) That a person's manner of dress does not
2        constitute consent.
3            (E) That a person's consent to past sexual activity
4        does not constitute consent to future sexual activity.
5            (F) That a person's consent to engage in sexual
6        activity with one person does not constitute consent to
7        engage in sexual activity with another person.
8            (G) That a person can withdraw consent at any time.
9            (H) That a person cannot consent to sexual activity
10        if that person is unable to understand the nature of
11        the activity or give knowing consent due to certain
12        circumstances that include, but are not limited to, (i)
13        the person is incapacitated due to the use or influence
14        of alcohol or drugs, (ii) the person is asleep or
15        unconscious, (iii) the person is a minor, or (iv) the
16        person is incapacitated due to a mental disability.
17        (12) Course material and instruction shall include
18    information about State laws that apply to minor
19    confidentiality and minor consent, including exceptions.
20    If available, material and instructions shall include
21    local resources that include, but are not limited to, how
22    and where to access local resources; pupils' legal rights
23    to access local resources for sexual and reproductive
24    health care; parenting resources; substance abuse
25    treatment; mental health treatment; emergency medical
26    treatment for sexual assault; and resources for assistance

 

 

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1    with sexual assault, harassment, intimate partner
2    violence, stalking, sex trafficking and suicide
3    prevention. Local resources must be inclusive of gender
4    identity, gender expression, sexual orientation, and
5    sexual behavior.
6        (13) Course material and instruction shall encourage
7    pupils to communicate with their parents or guardians,
8    faith, health, and social service professionals, and other
9    trusted adults about sexuality and intimate relationships.
10        (14) Course material and instruction may not
11    deliberately withhold health-promoting or life-saving
12    information about sexuality-related topics, including
13    FDA-approved treatment and options.
14        (15) Course material and instruction may not be
15    medically inaccurate or include information that is
16    scientifically shown to be ineffective.
17        (16) Course material and instruction may not reflect or
18    promote bias against any person on the basis of the
19    person's race, ethnicity, language, cultural background,
20    religion, HIV status, gender, gender identity, gender
21    expression, sexual orientation, sexual behavior, or
22    ability.
23        (17) Course material and instruction may not be
24    insensitive and unresponsive to the needs of pupils based
25    on their status as pregnant or parenting, living with STIs,
26    including HIV, sexually active, asexual, or intersex or

 

 

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1    based on their gender, gender identity, gender expression,
2    sexual orientation, or ability.
3        (18) Course material and instruction may not be
4    insensitive and unresponsive to the needs of survivors of
5    sexual abuse or assault.
6        (19) Course material and instruction may not be
7    inconsistent with the ethical imperatives of medicine and
8    public health.
9        (20) Pupils may not be denied access to sexual health
10    instruction on the basis of any disability or perceived
11    disability or English Learner status.
12    (c-5) All classes that teach sexual health education in
13grades 5 and below shall use course material and provide
14instruction that is medically accurate, evidence-based or
15evidence-informed, and culturally, developmentally,
16linguistically, and age appropriate.
17    (d) An opportunity shall be afforded to individuals,
18including parents or guardians, to review examine the scope and
19sequence of instructional materials to be used in such class or
20course electronically or in person.
21    (e) The State Board of Education shall make available
22resource materials, including, at a minimum, a free sample
23curriculum or a free set of instruction modules, with the
24cooperation and input of experts that provide comprehensive,
25culturally appropriate sexual health education and
26organizations and entities that promote comprehensive,

 

 

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1culturally appropriate sexual health education policy. the
2agency that administers grant programs consistent with
3criteria (1) and (1.5) of subsection (c) of this Section, for
4educating children regarding sex education and may take into
5consideration the curriculum on this subject developed by other
6states, as well as any other curricular materials suggested by
7education experts and other groups that work on sex education
8issues. Materials may include, without limitation, model
9sexual health sex education curriculums and sexual health
10education programs. The State Board of Education shall make
11these resource materials available on its Internet website, in
12a clearly identified and easily accessible place. School
13districts that do not currently provide sexual health sex
14education are not required to teach sexual health sex
15education. If a sexual health sex education class or course is
16offered in any grade of grades 6 through 12, the school
17district must teach the curriculum, adapted appropriately, to
18all pupils in that grade, including pupils with disabilities
19and non-English speaking pupils. Schools may choose and adapt
20the culturally, developmentally, linguistically, and
21age-appropriate, medically accurate, evidence-based or
22evidence-informed, and, in the case of grades 6 through 12
23comprehensive sexual health complete sex education curriculum
24that meets the specific needs of its community.
25    (f) The State Board of Education shall, through existing
26reporting mechanisms, direct each school district to identify

 

 

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1any curricula used to provide comprehensive sexual health
2education, whether the instruction was provided by a teacher in
3the school, a consultant, or a community group; the number of
4pupils receiving instruction; the number of pupils excused from
5instruction; and the duration of instruction and shall report
6the results of this inquiry to the General Assembly annually,
7beginning one year after the effective date of this amendatory
8Act of the 101st General Assembly.
9(Source: P.A. 100-684, eff. 8-3-18; 101-579, eff. 1-1-20.)
 
10    (105 ILCS 5/27-9.2)  (from Ch. 122, par. 27-9.2)
11    Sec. 27-9.2. Family Life. If any school district provides
12courses of instruction designed to promote a wholesome and
13comprehensive understanding of the emotional, psychological,
14physiological, hygienic and social responsibility aspects of
15family life, then such courses of instruction shall include the
16teaching of all pregnancy options the alternatives to abortion,
17appropriate to the various grade levels; and whenever such
18courses of instruction are provided in any of grades 6 through
1912, then such courses also shall include instruction on the
20prevention, transmission, screening, and treatment spread of
21HIV/AIDS AIDS. However, no pupil shall be required to take or
22participate in any family life class or course on HIV/AIDS AIDS
23instruction if the pupil's his parent or guardian submits
24written objection thereto, and refusal to take or participate
25in such course or program shall not be reason for suspension or

 

 

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1expulsion of such pupil.
2    The State Superintendent of Education shall prepare and
3make available to local school districts courses of instruction
4designed to satisfy the requirements of this Section.
5    The State Superintendent of Education shall develop a
6procedure for evaluating and measuring the effectiveness of the
7family life courses of instruction in each local school
8district, including the setting of reasonable and equitable
9goals for improved sexual health outcomes, such as reduced
10instances and disparities of sexually transmitted infections
11(STI), including HIV, increased instances of STI, including
12HIV, screening and treatment, especially in community areas
13with high STI, including HIV, diagnoses rates, and decreased
14instances and disparities of sexual assault and unintended
15pregnancy. reduced sexual activity, sexually transmitted
16diseases and premarital pregnancy. The goals shall be set by
17the beginning of the 1991-92 school year. The State
18Superintendent shall distribute a copy of the procedure to each
19local school district. Each local school district may develop
20additional procedures or methods for measuring the
21effectiveness of the family life courses of instruction within
22the district. Before the beginning of the 1993-94 school year,
23the State Superintendent shall collect and evaluate all
24relevant data to determine whether the goals are being
25achieved.
26(Source: P.A. 86-941.)
 

 

 

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1    Section 10. The Critical Health Problems and Comprehensive
2Health Education Act is amended by changing Section 3 as
3follows:
 
4    (105 ILCS 110/3)
5    Sec. 3. Comprehensive Health Education Program. The
6program established under this Act shall include, but not be
7limited to, the following major educational areas as a basis
8for curricula in all elementary and secondary schools in this
9State: human ecology and health, human growth and development,
10the emotional, psychological, physiological, hygienic and
11social responsibilities of family life, culturally,
12developmentally, linguistically, and age-appropriate,
13medically accurate, and evidence-based or evidence-informed
14information regarding including sexual abstinence until
15marriage, contraception, vaccination, Pre-exposure Prophylaxis
16(PREP) and Post-exposure Prophylaxis (PEP), and other medical
17care for the prevention and control of unintended pregnancy and
18sexually transmitted infections disease, including instruction
19in grades 6 through 12 on the prevention, transmission, and
20treatment of HIV spread of AIDS, age-appropriate sexual abuse
21and assault awareness and prevention education in grades
22pre-kindergarten through 12, public and environmental health,
23consumer health, safety education and disaster survival,
24mental health and illness, personal health habits, alcohol,

 

 

SB3788- 21 -LRB101 19426 NHT 70039 b

1drug use, and abuse including the medical and legal
2ramifications of alcohol, drug, and tobacco use, abuse during
3pregnancy, evidence-based and medically accurate information
4regarding sexual abstinence, tobacco, nutrition, and dental
5health. The instruction on mental health and illness must
6evaluate the multiple dimensions of health by reviewing the
7relationship between physical and mental health so as to
8enhance student understanding, attitudes, and behaviors that
9promote health, well-being, and human dignity. The program
10shall also provide course material and instruction to advise
11pupils of the Abandoned Newborn Infant Protection Act. The
12program shall include medically accurate information about
13cancer, including without limitation types of cancer, signs and
14symptoms, risk factors, the importance of early prevention and
15detection, and information on where to go for help.
16Notwithstanding the above educational areas, the following
17areas may also be included as a basis for curricula in all
18elementary and secondary schools in this State: basic first aid
19(including, but not limited to, cardiopulmonary resuscitation
20and the Heimlich maneuver), heart disease, diabetes, stroke,
21the prevention of child abuse, neglect, and suicide, and teen
22dating violence in grades 7 through 12. Beginning with the
232014-2015 school year, training on how to properly administer
24cardiopulmonary resuscitation (which training must be in
25accordance with standards of the American Red Cross, the
26American Heart Association, or another nationally recognized

 

 

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

 

 

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1programs and other extracurricular school activities to
2acquire, develop, and maintain the knowledge and skills
3necessary to properly administer first aid and cardiopulmonary
4resuscitation in accordance with standards and requirements
5established by the American Red Cross or another qualified
6certifying agency. Subject to appropriation, the State Board of
7Education shall establish and administer a matching grant
8program to pay for half of the cost that a school district
9incurs in training those teachers and other school personnel
10who express an interest in becoming qualified to administer
11cardiopulmonary resuscitation (which training must be in
12accordance with standards of the American Red Cross, the
13American Heart Association, or another nationally recognized
14certifying organization) or in learning how to use an automated
15external defibrillator. A school district that applies for a
16grant must demonstrate that it has funds to pay half of the
17cost of the training for which matching grant money is sought.
18The State Board of Education shall award the grants on a
19first-come, first-serve basis.
20    No pupil shall be required to take or participate in any
21class or course on HIV/AIDS AIDS or family life instruction or
22to receive training on how to properly administer
23cardiopulmonary resuscitation or how to use an automated
24external defibrillator if the pupil's his or her parent or
25guardian submits written objection thereto, and refusal to take
26or participate in the course or program or the training shall

 

 

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1not be reason for suspension or expulsion of the pupil.
2    Curricula developed under programs established in
3accordance with this Act in the major educational area of
4alcohol and drug use and abuse shall include classroom
5instruction in grades 5 through 12. The instruction, which
6shall include matters relating to both the physical and legal
7effects and ramifications of drug and substance abuse, shall be
8integrated into existing curricula; and the State Board of
9Education shall develop and make available to all elementary
10and secondary schools in this State instructional materials and
11guidelines which will assist the schools in incorporating the
12instruction into their existing curricula. In addition, school
13districts may offer, as part of existing curricula during the
14school day or as part of an after school program, support
15services and instruction for pupils or pupils whose parent,
16parents, or guardians are chemically dependent.
17(Source: P.A. 101-305, eff. 1-1-20.)
 
18    Section 99. Effective date. This Act takes effect upon
19becoming law.