HB4219 103RD GENERAL ASSEMBLY

LRB103 34629 RJT 64470 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB4219

Introduced 11/7/2023, by Rep. Janet Yang Rohr

SYNOPSIS AS INTRODUCED:

105 ILCS 5/27-13.2

from Ch. 122, par. 27-13.2

Amends the School Code. In provisions concerning fentanyl education, beginning with the 2025-2026 school year, provides that in at least one unit in the State-required health courses for grades 6 through 8 a school district shall provide instruction, study, and discussion on the dangers of fentanyl.

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY

A BILL FOR

AN ACT concerning education.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The School Code is amended by changing Section 27-13.2 as follows:

(105 ILCS 5/27-13.2) (from Ch. 122, par. 27-13.2)

(Text of Section before amendment by P.A. 103-365)

Sec. 27-13.2. Required instruction. In every public school there shall be instruction, study, and discussion of effective methods by which pupils may recognize the danger of and avoid abduction, and in every public school maintaining any of grades kindergarten through 8 there shall be, for such grades, instruction, study, and discussion of effective methods for the prevention and avoidance of drugs and the dangers of opioid and substance abuse. School boards may include such required instruction, study and discussion in the courses of study regularly taught in the public schools of their respective districts; provided, however, that such instruction shall be given each year to all pupils in grades kindergarten through 8. The State Superintendent of Education may prepare and make available to all public and non-public schools instructional materials which may be used by such schools as guidelines for development of a program of instruction under this Section; provided, however, that each school board shall itself determine the minimum amount of instruction time which shall qualify as a program of instruction which will satisfy the requirements of this Section.

The State Superintendent of Education, in cooperation with the Department of Children and Family Services, shall prepare and disseminate to all public schools and non-public schools, information on instructional materials and programs about child sexual abuse which may be used by such schools for their own or community programs. Such information may also be disseminated by such schools to parents.

Notwithstanding the foregoing provisions of this Section, no pupil in any of grades kindergarten through 8 shall be required to take or participate in any class or course providing instruction in recognizing and avoiding sexual abuse if the parent or guardian of the pupil submits written objection thereto; and refusal to take or participate in such class or course after such written objection is made shall not be reason for failing, suspending or expelling such pupil. Each school board intending to offer any such class or course to pupils in any of grades kindergarten through 8 shall give not less than 5 days written notice to the parents or guardians of such pupils before commencing the class or course.

(Source: P.A. 102-195, eff. 7-30-21.)

(Text of Section after amendment by P.A. 103-365)

Sec. 27-13.2. Required instruction.

(a) In every public school there shall be instruction, study, and discussion of effective methods by which pupils may recognize the danger of and avoid abduction, and in every public school maintaining any of grades kindergarten through 8, there shall be, for such grades, instruction, study, and discussion of effective methods for the prevention and avoidance of drugs and the dangers of opioid and substance abuse. School boards may include such required instruction, study, and discussion in the courses of study regularly taught in the public schools of their respective districts; provided, however, that such instruction shall be given each year to all pupils in grades kindergarten through 8. The State Superintendent of Education may prepare and make available to all public and non-public schools instructional materials which may be used by such schools as guidelines for development of a program of instruction under this subsection (a); provided, however, that each school board shall itself determine the minimum amount of instruction time which shall qualify as a program of instruction which will satisfy the requirements of this subsection (a).

The State Superintendent of Education, in cooperation with the Department of Children and Family Services, shall prepare and disseminate to all public schools and non-public schools, information on instructional materials and programs about child sexual abuse which may be used by such schools for their own or community programs. Such information may also be disseminated by such schools to parents.

(b) Notwithstanding subsection (a) of this Section, no pupil in any of grades kindergarten through 8 shall be required to take or participate in any class or course providing instruction in recognizing and avoiding sexual abuse if the parent or guardian of the pupil submits written objection thereto; and refusal to take or participate in such class or course after such written objection is made shall not be reason for failing, suspending or expelling such pupil. Each school board intending to offer any such class or course to pupils in any of grades kindergarten through 8 shall give not less than 5 days written notice to the parents or guardians of such pupils before commencing the class or course.

(c) Beginning with the 2024-2025 school year, in every State-required health course for grades 9 through 12, and beginning with the 2025-2026 school year, in at least one unit in the State-required health courses for grades 6 through 8, a school district shall provide instruction, study, and discussion on the dangers of fentanyl. Information for the instruction, study, and discussion of fentanyl shall come from information provided by the National Institutes of Health, the United States Drug Enforcement Administration, or the United States Department of Health and Human Services. This instruction, study, and discussion shall include, at a minimum, all of the following:

(1) Information on fentanyl itself, including an explanation of the differences between synthetic and nonsynthetic opioids and illicit drugs, the variations of fentanyl itself, and the differences between the legal and illegal uses of fentanyl.

(2) The side effects and the risk factors of using fentanyl, along with information comparing the lethal amounts of fentanyl to other drugs. Information on the risk factors may include, but is not limited to:

(A) the lethal dose of fentanyl;

(B) how often fentanyl is placed in drugs without a person's knowledge;

(C) an explanation of what fentanyl does to a person's body and the severity of fentanyl's addictive properties; and

(D) how the consumption of fentanyl can lead to hypoxia, as well as an explanation of what hypoxia precisely does to a person's body.

(3) Details about the process of lacing fentanyl in other drugs and why drugs get laced with fentanyl.

(4) Details about how to detect fentanyl in drugs and how to save someone from an overdose of fentanyl, which shall include:

(A) how to buy and use fentanyl test strips;

(B) how to buy and use naloxone, either through a nasal spray or an injection; and

(C) how to detect if someone is overdosing on fentanyl.

Students shall be assessed on the instruction required under this subsection (c). The assessment may include, but is not limited to:

(1) the differences between synthetic and nonsynthetic drugs;

(2) hypoxia;

(3) the effects of fentanyl on a person's body;

(4) the lethal dose of fentanyl; and

(5) how to detect and prevent overdoses.

The instruction required under this subsection (c) shall be taught by a licensed educator, school nurse, or school counselor.

(Source: P.A. 102-195, eff. 7-30-21; 103-365, eff. 1-1-24.)

Section 95. No acceleration or delay. Where this Act makes changes in a statute that is represented in this Act by text that is not yet or no longer in effect (for example, a Section represented by multiple versions), the use of that text does not accelerate or delay the taking effect of (i) the changes made by this Act or (ii) provisions derived from any other Public Act.