Sen. Ram Villivalam

Filed: 1/5/2023

 

 


 

 


 
10200HB5188sam001LRB102 24778 JDS 42474 a

1
AMENDMENT TO HOUSE BILL 5188

2    AMENDMENT NO. ______. Amend House Bill 5188 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The School Code is amended by changing
5Sections 27-9.1a and 27-9.1b as follows:
 
6    (105 ILCS 5/27-9.1a)
7    Sec. 27-9.1a. Comprehensive personal health and safety and
8comprehensive sexual health education.
9    (a) In this Section:
10    "Adapt" means to modify an evidence-based or
11evidence-informed program model for use with a particular
12demographic, ethnic, linguistic, or cultural group.
13    "Age and developmentally appropriate" means suitable to
14particular ages or age groups of children and adolescents,
15based on the developing cognitive, emotional, and behavioral
16capacity typical for the age or age group.

 

 

10200HB5188sam001- 2 -LRB102 24778 JDS 42474 a

1    "Characteristics of effective programs" includes
2development, content, and implementation of such programs that
3(i) have been shown to be effective in terms of increasing
4knowledge, clarifying values and attitudes, increasing skills,
5and impacting behavior, (ii) are widely recognized by leading
6medical and public health agencies to be effective in changing
7sexual behaviors that lead to sexually transmitted infections,
8including HIV, unintended pregnancy, interpersonal violence,
9and sexual violence among young people, and (iii) are taught
10by professionals who provide a safe learning space, free from
11shame, stigma, and ideology and are trained in trauma-informed
12teaching methodologies.
13    "Complete" means information that aligns with the National
14Sex Education Standards, including information on consent and
15healthy relationships, anatomy and physiology, puberty and
16adolescent sexual development, gender identity and expression,
17sexual orientation and identity, sexual health, and
18interpersonal violence.
19    "Comprehensive personal health and safety education" means
20age and developmentally appropriate education that aligns with
21the National Sex Education Standards, including information on
22consent and healthy relationships, anatomy and physiology,
23puberty and adolescent sexual development, gender identity and
24expression, sexual orientation and identity, sexual health,
25and interpersonal violence.
26    "Comprehensive sexual health education" means age and

 

 

10200HB5188sam001- 3 -LRB102 24778 JDS 42474 a

1developmentally appropriate education that aligns with the
2National Sex Education Standards, including information on
3consent and healthy relationships, anatomy and physiology,
4puberty and adolescent sexual development, gender identity and
5expression, sexual orientation and identity, sexual health,
6and interpersonal violence.
7    "Consent" means an affirmative, knowing, conscious,
8ongoing, and voluntary agreement to engage in interpersonal,
9physical, or sexual activity, which can be revoked at any
10point, including during the course of interpersonal, physical,
11or sexual activity.
12    "Culturally appropriate" means affirming culturally
13diverse individuals, families, and communities in an
14inclusive, respectful, and effective manner, including
15materials and instruction that are inclusive of race,
16ethnicity, language, cultural background, immigration status,
17religion, disability, gender, gender identity, gender
18expression, sexual orientation, and sexual behavior.
19    "Evidence-based program" means a program for which
20systematic, empirical research or evaluation has provided
21evidence of effectiveness.
22    "Evidence-informed program" means a program that uses the
23best available research and practice knowledge to guide
24program design and implementation.
25    "Gender stereotype" means a generalized view or
26preconception about what attributes, characteristics, or roles

 

 

10200HB5188sam001- 4 -LRB102 24778 JDS 42474 a

1are or ought to be taught, possessed by, or performed by people
2based on their gender identity.
3    "Healthy relationships" means relationships between
4individuals that consist of mutual respect, trust, honesty,
5support, fairness, equity, separate identities, physical and
6emotional safety, and good communication.
7    "Identity" means people's understanding of how they
8identify their sexual orientation, gender, gender identity, or
9gender expression without stereotypes, shame, or stigma.
10    "Inclusive" means inclusion of marginalized communities
11that include, but are not limited to, people of color,
12immigrants, people of diverse sexual orientations, gender
13identities, and gender expressions, people who are intersex,
14people with disabilities, people who have experienced
15interpersonal or sexual violence, and others.
16    "Interpersonal violence" means violent behavior used to
17establish power and control over another person.
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
22and objective.
23    "Pre-exposure Prophylaxis (PrEP)" means medications
24approved by the federal Food and Drug Administration (FDA) and
25recommended by the United States Public Health Service or the
26federal Centers for Disease Control and Prevention for HIV

 

 

10200HB5188sam001- 5 -LRB102 24778 JDS 42474 a

1pre-exposure prophylaxis and related pre-exposure prophylaxis
2services, including, but not limited to, HIV and sexually
3transmitted infection screening, treatment for sexually
4transmitted infections, medical monitoring, laboratory
5services, and sexual health counseling, to reduce the
6likelihood of HIV infection for individuals who are not living
7with HIV but are vulnerable to HIV exposure.
8    "Post-exposure Prophylaxis (PeP)" means the medications
9that are recommended by the federal Centers for Disease
10Control and Prevention and other public health authorities to
11help prevent HIV infection after potential occupational or
12non-occupational HIV exposure.
13    "Sexual violence" means discrimination, bullying,
14harassment, including sexual harassment, sexual abuse, sexual
15assault, intimate partner violence, incest, rape, and human
16trafficking.
17    "Trauma informed" means to address vital information about
18sexuality and well-being that takes into consideration how
19adverse life experiences may potentially influence a person's
20well-being and decision making.
21    (b) All classes that teach comprehensive personal health
22and safety and comprehensive sexual health education shall
23satisfy the following criteria:
24        (1) Course material and instruction shall be age and
25    developmentally appropriate, medically accurate,
26    complete, culturally appropriate, inclusive, and trauma

 

 

10200HB5188sam001- 6 -LRB102 24778 JDS 42474 a

1    informed.
2        (2) Course material and instruction shall replicate
3    evidence-based or evidence-informed programs or
4    substantially incorporate elements of evidence-based
5    programs or evidence-informed programs or characteristics
6    of effective programs.
7        (3) Course material and instruction shall be inclusive
8    and sensitive to the needs of students based on their
9    status as pregnant or parenting, living with STIs,
10    including HIV, sexually active, asexual, or intersex or
11    based on their gender, gender identity, gender expression,
12    sexual orientation, sexual behavior, or disability.
13        (4) Course material and instruction shall be
14    accessible to students with disabilities, which may
15    include the use of a modified curriculum, materials,
16    instruction in alternative formats, assistive technology,
17    and auxiliary aids.
18        (5) Course material and instruction shall help
19    students develop self-advocacy skills for effective
20    communication with parents or guardians, health and social
21    service professionals, other trusted adults, and peers
22    about sexual health and relationships.
23        (6) Course material and instruction shall provide
24    information to help students develop skills for developing
25    healthy relationships and preventing and dealing with
26    interpersonal violence and sexual violence.

 

 

10200HB5188sam001- 7 -LRB102 24778 JDS 42474 a

1        (7) Course material and instruction shall provide
2    information to help students safely use the Internet,
3    including social media, dating or relationship websites or
4    applications, and texting.
5        (8) Course material and instruction shall provide
6    information about local resources where students can
7    obtain additional information and confidential services
8    related to parenting, bullying, interpersonal violence,
9    sexual violence, suicide prevention, sexual and
10    reproductive health, mental health, substance abuse,
11    sexual orientation, gender identity, gender expression,
12    and other related issues.
13        (9) Course material and instruction shall include
14    information about State laws related to minor
15    confidentiality and minor consent, including exceptions,
16    consent education, mandated reporting of child abuse and
17    neglect, the safe relinquishment of a newborn child,
18    minors' access to confidential health care and related
19    services, school policies addressing the prevention of and
20    response to interpersonal and sexual violence, school
21    breastfeeding accommodations, and school policies
22    addressing the prevention of and response to sexual
23    harassment.
24        (10) Course material and instruction may not reflect
25    or promote bias against any person on the basis of the
26    person's race, ethnicity, language, cultural background,

 

 

10200HB5188sam001- 8 -LRB102 24778 JDS 42474 a

1    citizenship, religion, HIV status, family structure,
2    disability, gender, gender identity, gender expression,
3    sexual orientation, or sexual behavior.
4        (11) Course material and instruction may not employ
5    gender stereotypes.
6        (12) Course material and instruction shall be
7    inclusive of and may not be insensitive or unresponsive to
8    the needs of survivors of interpersonal violence and
9    sexual violence.
10        (13) Course material and instruction may not
11    proselytize any religious doctrine.
12        (14) Course material and instruction may not
13    deliberately withhold health-promoting or life-saving
14    information about culturally appropriate health care and
15    services, including reproductive health services, hormone
16    therapy, and FDA-approved treatments and options,
17    including, but not limited to, Pre-exposure Prophylaxis
18    (PrEP) and Post-exposure Prophylaxis (PeP).
19        (15) Course material and instruction may not be
20    inconsistent with the ethical imperatives of medicine and
21    public health.
22    (c) A school may utilize guest lecturers or resource
23persons to provide instruction or presentations in accordance
24with Section 10-22.34b. Comprehensive personal health and
25safety and comprehensive sexual health education instruction
26and materials provided by guest lecturers or resource persons

 

 

10200HB5188sam001- 9 -LRB102 24778 JDS 42474 a

1may not conflict with the provisions of this Section.
2    (d) No student shall be required to take or participate in
3any class or course in comprehensive personal health and
4safety and comprehensive sexual health education. A student's
5parent or guardian may opt the student out of comprehensive
6personal health and safety and comprehensive sexual health
7education by submitting the request in writing. Refusal to
8take or participate in such a course or program may not be a
9reason for disciplinary action, academic penalty, suspension,
10or expulsion or any other sanction of a student. A school
11district may not require active parental consent for
12comprehensive personal health and safety and comprehensive
13sexual health education.
14    (e) An opportunity shall be afforded to individuals,
15including parents or guardians, to review the scope and
16sequence of instructional materials to be used in a class or
17course under this Section, either electronically or in person.
18A school district shall annually post, on its Internet website
19if one exists, which curriculum is used to provide
20comprehensive personal health and safety and comprehensive
21sexual health education and the name and contact information,
22including an email address, of school personnel who can
23respond to inquiries about instruction and materials.
24    (f) On or before August 1, 2022, the State Board of
25Education, in consultation with youth, parents, sexual health
26and violence prevention experts, health care providers,

 

 

10200HB5188sam001- 10 -LRB102 24778 JDS 42474 a

1advocates, and education practitioners, including, but not
2limited to, administrators, regional superintendents of
3schools, teachers, and school support personnel, shall develop
4and adopt rigorous learning standards in the area of
5comprehensive personal health and safety education for pupils
6in kindergarten through the 5th grade and comprehensive sexual
7health education for pupils in the 6th through 12th grades,
8including, but not limited to, all of the National Sex
9Education Standards, including information on consent and
10healthy relationships, anatomy and physiology, puberty and
11adolescent sexual development, gender identity and expression,
12sexual orientation and identity, sexual health, and
13interpersonal violence, as authored by the Future of Sex
14Education Initiative. As the National Sex Education Standards
15are updated, the State Board of Education shall update these
16learning standards.
17    (g) By no later than August 1, 2022, the State Board of
18Education shall make available resource materials developed in
19consultation with stakeholders, with the cooperation and input
20of experts that provide and entities that promote age and
21developmentally appropriate, medically accurate, complete,
22culturally appropriate, inclusive, and trauma-informed
23comprehensive personal health and safety and comprehensive
24sexual health education policy. Materials may include, without
25limitation, model comprehensive personal health and safety and
26comprehensive sexual health education resources and programs.

 

 

10200HB5188sam001- 11 -LRB102 24778 JDS 42474 a

1The State Board of Education shall make these resource
2materials available on its Internet website, in a clearly
3identified and easily accessible place.
4    (h) Schools may choose and adapt the age and
5developmentally appropriate, medically accurate, complete,
6culturally appropriate, inclusive, and trauma-informed
7comprehensive personal health and safety and comprehensive
8sexual health education curriculum that meets the specific
9needs of their community. All instruction and materials,
10including materials provided or presented by outside
11consultants, community groups, or organizations, may not
12conflict with the provisions of this Section.
13    (i) The State Board of Education shall, through existing
14reporting mechanisms if available, direct each school district
15to identify the following:
16        (1) if instruction on comprehensive personal health
17    and safety and comprehensive sexual health education is
18    provided;
19        (2) whether the instruction was provided by a teacher
20    in the school, a consultant, or a community group or
21    organization and specify the name of the outside
22    consultant, community group, or organization;
23        (3) the number of students receiving instruction;
24        (4) the number of students excused from instruction;
25    and
26        (5) the duration of instruction.

 

 

10200HB5188sam001- 12 -LRB102 24778 JDS 42474 a

1    The State Board of Education shall report the results of
2this inquiry to the General Assembly annually, for a period of
35 years beginning one year after the effective date of this
4amendatory Act of the 102nd General Assembly.
5    (j) Beginning no later than July 1, 2023, a school
6district shall provide:
7        (1) age and developmentally appropriate, medically
8    accurate, complete, culturally appropriate, inclusive, and
9    trauma-informed comprehensive personal health and safety
10    education in kindergarten through the 5th grade in all
11    public schools; and
12        (2) age and developmentally appropriate, medically
13    accurate, complete, culturally appropriate, inclusive, and
14    trauma-informed comprehensive sexual health education in
15    the 6th through 12th grades in all public schools.
16(Source: P.A. 102-522, eff. 8-20-21.)
 
17    (105 ILCS 5/27-9.1b)
18    Sec. 27-9.1b. Consent education.
19    (a) In this Section:
20    "Age and developmentally appropriate" has the meaning
21ascribed to that term in Section 27-9.1a.
22    "Consent" has the meaning ascribed to that term in Section
2327-9.1a.
24    (b) A school district may provide age and developmentally
25appropriate consent education in kindergarten through the 12th

 

 

10200HB5188sam001- 13 -LRB102 24778 JDS 42474 a

1grade. Beginning no later than July 1, 2023, however, a school
2district shall provide age and developmentally appropriate
3consent education in kindergarten through the 12th grade.
4        (1) In kindergarten through the 5th grade, instruction
5    and materials shall include age and developmentally
6    appropriate instruction on consent and how to give and
7    receive consent, including a discussion that includes, but
8    is not limited to, all of the following:
9            (A) Setting appropriate physical boundaries with
10        others.
11            (B) Respecting the physical boundaries of others.
12            (C) The right to refuse to engage in behaviors or
13        activities that are uncomfortable or unsafe.
14            (D) Dealing with unwanted physical contact.
15            (E) Helping a peer deal with unwanted physical
16        contact.
17        (2) In the 6th through 12th grades, instruction and
18    materials shall include age and developmentally
19    appropriate instruction on consent and how to give and
20    receive consent, including a discussion that includes, but
21    is not limited to, all of the following:
22            (A) That consent is a freely given agreement to
23        sexual activity.
24            (B) That consent to one particular sexual activity
25        does not constitute consent to other types of sexual
26        activities.

 

 

10200HB5188sam001- 14 -LRB102 24778 JDS 42474 a

1            (C) That a person's lack of verbal or physical
2        resistance or submission resulting from the use or
3        threat of force does not constitute consent.
4            (D) That a person's manner of dress does not
5        constitute consent.
6            (E) That a person's consent to past sexual
7        activity does not constitute consent to future sexual
8        activity.
9            (F) That a person's consent to engage in sexual
10        activity with one person does not constitute consent
11        to engage in sexual activity with another person.
12            (G) That a person can withdraw consent at any
13        time.
14            (H) That a person cannot consent to sexual
15        activity if that person is unable to understand the
16        nature of the activity or give knowing consent due to
17        certain circumstances that include, but are not
18        limited to:
19                (i) the person is incapacitated due to the use
20            or influence of alcohol or drugs;
21                (ii) the person is asleep or unconscious;
22                (iii) the person is a minor; or
23                (iv) the person is incapacitated due to a
24            mental disability.
25            (I) The legal age of consent in this State.
26(Source: P.A. 102-522, eff. 8-20-21.)
 

 

 

10200HB5188sam001- 15 -LRB102 24778 JDS 42474 a

1    Section 99. Effective date. This Act takes effect upon
2becoming law.".