Illinois General Assembly - Full Text of HB1736
Illinois General Assembly

  Bills & Resolutions  
  Compiled Statutes  
  Public Acts  
  Legislative Reports  
  IL Constitution  
  Legislative Guide  
  Legislative Glossary  

 Search By Number
 (example: HB0001)
Search Tips

Search By Keyword

Full Text of HB1736  102nd General Assembly

HB1736 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB1736

 

Introduced 2/17/2021, by Rep. Kathleen Willis, Jehan Gordon-Booth, Lamont J. Robinson, Jr., Lakesia Collins, Edgar Gonzalez, Jr., et al.

 

SYNOPSIS AS INTRODUCED:
 
105 ILCS 5/10-23.13
105 ILCS 5/27-9.1a new
105 ILCS 5/27A-5
105 ILCS 5/34-18.8  from Ch. 122, par. 34-18.8
105 ILCS 5/27-9.1 rep.
105 ILCS 5/27-9.2 rep.
105 ILCS 5/27-11 rep.

    Amends the School Code. Makes changes in the School Boards Article relating to policies addressing sexual abuse. In the Courses of Study Article, repeals the sex education, family life, and instruction on diseases provisions. Instead, sets forth comprehensive sex education requirements for course materials and instruction, requires the State Board of Education to post on its website comprehensive sex education resources for use in pre-kindergarten through the 12th grade, provides for school disclosure, parental requests, and notice, allows a school district to collaborate with a local public health department to identify and designate a qualified employee of the local public health department as the school district's point of contact for the purposes of responding to inquiries and comments about course instruction and materials, requires the State Board to develop, maintain, and make publicly available State standards, and provides for rulemaking. Makes changes in the Chicago School District Article concerning AIDS training. Effective immediately.


LRB102 14083 CMG 19435 b

FISCAL NOTE ACT MAY APPLY
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

 

 

A BILL FOR

 

HB1736LRB102 14083 CMG 19435 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
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
11that shall may include age-appropriate curriculum for students
12in pre-K through 12th 5th grade; training for school personnel
13on child 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
17resources for students affected by sexual abuse; and emotional
18and educational support for a child of abuse to continue to be
19successful in school.
20    A Any policy adopted under this Section shall may address
21without limitation:
22        (1) methods for increasing teacher, student, and
23    parent awareness of issues regarding sexual abuse of

 

 

HB1736- 2 -LRB102 14083 CMG 19435 b

1    children, including knowledge of likely warning signs
2    indicating that a child may be a victim of sexual abuse,
3    and the provision of information on how to prevent child
4    abuse from happening;
5        (1.5) training for school personnel, including, but
6    not limited to, training pursuant to Section 10-22.39;
7        (2) options actions that a student child who is a
8    victim of sexual abuse has should take to obtain
9    assistance and intervention; and
10        (3) available counseling options for students affected
11    by sexual abuse; and .
12        (4) methods for educating school personnel, students,
13    and staff on how to report child abuse.
14    This Section may be referred to as Erin's Law.
15(Source: P.A. 96-1524, eff. 2-14-11.)
 
16    (105 ILCS 5/27-9.1a new)
17    Sec. 27-9.1a. Responsible education for adolescent and
18children's health (REACH).
19    (a) This Section may be referred to as the REACH Law.
20    (b) The General Assembly finds all of the following:
21        (1) Sex education can encourage better sexual health
22    outcomes, reduce stigmas, and prepare young people to lead
23    healthy and fulfilling lives.
24        (2) Students who receive sex education that includes
25    health-positive instruction on sexual orientation, gender

 

 

HB1736- 3 -LRB102 14083 CMG 19435 b

1    identity, and gender expression report less bullying and
2    harassment.
3        (3) Parents, the general public, and young people
4    overwhelmingly support comprehensive sex education.
5        (4) Polling has found that 96% of parents support
6    providing sex education in high school and 93% support sex
7    education in middle school.
8        (5) The leading health and education organizations
9    support sex education that includes information about both
10    delaying sexual activity and the effective use of
11    contraception.
12        (6) Students often lack the education and support
13    needed to prevent unwanted or mistimed pregnancy, HIV, and
14    other sexually transmitted infections, to develop healthy
15    relationships, to plan for personal safety, and to develop
16    decision-making skills.
17        (7) Schools have a responsibility to address child
18    abuse, harassment, bullying, inter-personal violence, and
19    personal safety issues, which can have a significant
20    impact on a student's emotional and physical well-being
21    and academic success.
22    It is the intent of the General Assembly that
23comprehensive sex education shall promote awareness and
24healthy attitudes about growth and development, body image,
25gender identity, gender expression, sexuality, sexual health,
26sexual orientation, consent, dating, relationships, and

 

 

HB1736- 4 -LRB102 14083 CMG 19435 b

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

 

 

HB1736- 5 -LRB102 14083 CMG 19435 b

1the physical, mental, emotional, and social dimensions of
2human sexuality and is designed to motivate and assist
3students in maintaining and improving sexual health,
4preventing infection, and reducing sexual health-related risk
5behaviors and to enable and empower students to develop and
6demonstrate developmentally and culturally appropriate
7sexuality and sexual health-related knowledge, attitudes,
8skills, and practices.
9    "Consent" means knowing, affirmative, conscious, and
10voluntary agreement to engage in specific interpersonal,
11physical, or sexual activity at a given time.
12    "Culturally appropriate" means materials and instruction
13that are inclusive of the experiences and needs of communities
14of color, communities of all ethnic and cultural backgrounds,
15immigrant communities, people whose primary language is not
16English, people of diverse sexual orientations, gender
17identities, and gender expressions, people who are intersex,
18people with disabilities, people who have experienced sexual
19victimization, and people whose experiences have traditionally
20been left out of sexual health education, programs, and
21policies.
22    "Gender stereotype" means a generalized view or
23preconception about what attributes, characteristics, or roles
24are or ought to be taught, possessed by, or performed by people
25based on their gender identity.
26    "Human trafficking" means the recruitment, harboring,

 

 

HB1736- 6 -LRB102 14083 CMG 19435 b

1transportation, provision, obtaining, patronizing, or
2soliciting of a person for the purpose of labor, involuntary
3servitude, debt bondage, slavery, or a commercial sex act,
4which is induced by force, fraud, or coercion or in which the
5person induced has not attained 18 years of age.
6    "Inclusive" means a curriculum that ensures that students
7from marginalized communities that include, but are not
8limited to, communities of color, immigrant communities,
9people of diverse sexual orientations, gender identities, and
10gender expressions, people who are intersex, people with
11disabilities, people who have experienced sexual
12victimization, and others whose experiences have been
13traditionally left out of sex education programs and policies
14are included in classroom materials and lessons.
15    "Medically accurate and complete" means that the
16information provided through instruction is verified or
17supported by research conducted in compliance with accepted
18scientific methods and is published in peer-reviewed journals
19by the federal Centers for Disease Control and Prevention, the
20American Public Health Association, the American Academy of
21Pediatrics, and the American College of Obstetricians and
22Gynecologists, if applicable, or a program contains
23information that leading professional public health or medical
24organizations, government agencies, and scientific advisory
25groups with relevant expertise in the field recognize as
26accurate, objective, and complete and the program does not

 

 

HB1736- 7 -LRB102 14083 CMG 19435 b

1withhold information about external anatomy involved in sexual
2functioning or in the effectiveness and benefits of correct
3and consistent use of condoms and other contraceptives.
4    "Sexting" means the act of sending, sharing, receiving, or
5forwarding a sexually explicit or sexually suggestive image,
6video, or text message by a digital or electronic device,
7including, but not limited to, a mobile or cellular telephone
8or a computer.
9    "Sexual development" means the lifelong process of
10physical, behavioral, cognitive, and emotional growth and
11changes as it relates to an individual's sexuality and sexual
12maturation. "Sexual development" includes puberty, identity
13development, socio-cultural influences, and sexual behaviors.
14    "Sexual violence" means an act of a sexual nature that is
15committed or attempted by another person without the freely
16given consent of the victim or against someone who is unable to
17consent or refuse. "Sexual violence" includes acts of sexual
18harassment, sexual abuse, and sexual assault.
19    "Trauma informed" means to address vital information about
20sexuality and well-being that takes into consideration how
21adverse life experiences may potentially influence a person's
22well-being and decision making.
23    (d) Comprehensive sex education requirements for course
24materials and instruction under this Section are as follows:
25        (1) Beginning no later than July 1, 2022,
26    comprehensive sex education shall do all of the following:

 

 

HB1736- 8 -LRB102 14083 CMG 19435 b

1            (A) Reflect the characteristics of effective
2        programs.
3            (B) Use and implement curricula that is trauma
4        informed.
5            (C) Use or adopt curricula, materials, and
6        instruction that are inclusive and address the
7        experiences and needs of all youth in the school.
8        Instruction must be accessible to students with
9        disabilities, and may include the use of a modified
10        curriculum, materials, instruction in alternative
11        formats, and auxiliary aids.
12            (D) Not discriminate on the basis of sex, race,
13        ethnicity, national origin, disability, religion,
14        gender expression, gender identity, or sexual
15        orientation.
16            (E) Allow instructors to answer questions
17        initiated by a student that are related to and
18        consistent with the material of the course.
19            (F) Create a safe, inclusive, and culturally
20        appropriate environment for all students to learn
21        about and discuss personal health and healthy
22        relationships.
23            (G) Comply with standards developed by the State
24        Board of Education.
25        (2) Beginning no later than July 1, 2022,
26    comprehensive sex education materials and instruction may

 

 

HB1736- 9 -LRB102 14083 CMG 19435 b

1    not:
2            (A) use shame-based or stigmatizing language or
3        instructional tools or stigmatize parenting or
4        sexually active youth;
5            (B) stigmatize or further victimize students
6        impacted by sexual violence;
7            (C) employ gender stereotypes;
8            (D) exclude the health needs of individuals who
9        are intersex or individuals of diverse sexual
10        orientations, gender identities, or gender
11        expressions; or
12            (E) impose or promote any religious doctrine.
13        (3) Beginning no later than July 1, 2022,
14    comprehensive sex education instruction and materials,
15    including materials provided or presented by outside
16    organizations, resource persons, or guest lecturers, may
17    not conflict with the provisions of this Section. All
18    guest lecturers and resource persons shall have expertise
19    in comprehensive sex education consistent with the
20    provisions of this Section.
21        (4) Beginning no later than July 1, 2022, a school
22    district shall provide inclusive, medically accurate and
23    complete, age and developmentally appropriate, and
24    culturally appropriate comprehensive sex education in the
25    6th through 12th grades in all public schools.
26    Comprehensive sex education in the 6th through 12th grades

 

 

HB1736- 10 -LRB102 14083 CMG 19435 b

1    shall include age and developmentally appropriate
2    instruction on all of the following topics:
3            (A) Human anatomy, reproduction, and sexual
4        development, including, but not limited to, the
5        following:
6                (i) physical, social, and emotional changes;
7                (ii) positive body image;
8                (iii) positive sexuality, including that there
9            is a range of healthy sexual behaviors that are
10            affirming and pleasurable;
11                (iv) the benefits of abstinence, behavioral
12            changes, the use of barrier methods, medication,
13            contraception, and sexually transmitted infection
14            prevention measures, including, but not limited
15            to, instruction that is related to how to
16            effectively use condoms, barrier methods, and
17            preventative medication to protect against
18            sexually transmitted infections, including HIV,
19            and to avoid pregnancy and how to effectively use
20            each method;
21                (v) the relationship between substance use and
22            sexual health and behaviors;
23                (vi) information about the rights of
24            individuals to obtain reproductive and sexual
25            health care; and
26                (vii) unbiased information and

 

 

HB1736- 11 -LRB102 14083 CMG 19435 b

1            non-stigmatizing information about the options
2            regarding pregnancy, including parenting,
3            adoption, and abortion.
4            (B) Diverse sexual orientations, gender
5        identities, and gender expressions, including
6        affirmative representation and health-positive
7        instruction.
8            (C) Gender-role stereotypes, including the
9        potential harm and limitations of such stereotypes.
10            (D) Healthy relationships, including, but not
11        limited to:
12                (i) affirming examples of diverse races,
13            ethnicities, genders, sexual orientations, gender
14            identities, gender expressions, and cultures;
15                (ii) distinguishing between healthy and
16            unhealthy relationships;
17                (iii) the skills of critical thinking, problem
18            solving, self-efficacy, exploring individual
19            values and attitudes, and decision making about
20            sexuality and relationships;
21                (iv) strategies for resisting peer pressure
22            and for communicating in a positive manner; and
23                (v) affirmative recognition of the roles that
24            traditions, values, norms, gender roles,
25            acculturation, family structure, beliefs, and
26            political power play in how students make

 

 

HB1736- 12 -LRB102 14083 CMG 19435 b

1            decisions that affect their sexual health.
2            (E) Consent and how to give and receive consent,
3        including a discussion that includes, but is not
4        limited to, all of the following:
5                (i) That consent is a freely given agreement
6            to sexual activity.
7                (ii) That consent to one particular sexual
8            activity does not constitute consent to other
9            types of sexual activities.
10                (iii) That a person's lack of verbal or
11            physical resistance or submission resulting from
12            the use or threat of force does not constitute
13            consent.
14                (iv) That a person's manner of dress does not
15            constitute consent.
16                (v) That a person's consent to past sexual
17            activity does not constitute consent to future
18            sexual activity.
19                (vi) That a person's consent to engage in
20            sexual activity with one person does not
21            constitute consent to engage in sexual activity
22            with another person.
23                (vii) That a person can withdraw consent at
24            any time.
25                (viii) That a person cannot consent to sexual
26            activity if that person is unable to understand

 

 

HB1736- 13 -LRB102 14083 CMG 19435 b

1            the nature of the activity or give knowing consent
2            due to certain circumstances that include, but are
3            not limited to:
4                    (I) the person is incapacitated due to the
5                use or influence of alcohol or drugs;
6                    (II) the person is asleep or unconscious;
7                    (III) the person is a minor; or
8                    (IV) the person is incapacitated due to a
9                mental disability.
10            (F) Personal safety, including, but not limited
11        to, both of the following:
12                (i) Bullying, harassment, coercion,
13            intimidation, violence, and abuse.
14                (ii) Information about interpersonal violence,
15            sexual violence, and human trafficking.
16            Information about human trafficking shall include
17            both of the following:
18                    (I) Information on the prevalence, nature,
19                and strategies to reduce the risk of human
20                trafficking, techniques to set healthy
21                boundaries, and how to safely seek assistance.
22                    (II) Information on how social media and
23                mobile device applications are used for human
24                trafficking.
25            (G) Information about the safe use of social
26        media, dating or relationship websites or

 

 

HB1736- 14 -LRB102 14083 CMG 19435 b

1        applications, and sexting, including:
2                (i) the possible consequences of sharing or
3            forwarding sexually explicit or sexually
4            suggestive photographs or images, videos, or text
5            messages;
6                (ii) the identification of situations in which
7            bullying or harassment may result as a consequence
8            of using social media or dating applications or
9            engaging in sexting;
10                (iii) the possible long-term legal, social,
11            academic, and other consequences that may result
12            from possessing or distributing sexual content;
13                (iv) the importance of using the Internet
14            safely and how social media, dating applications,
15            and sexting may pose a risk to personal safety;
16            and
17                (v) the identification of individuals,
18            including school personnel, community members, and
19            parents, who may provide assistance with issues,
20            concerns, or problems resulting from use of the
21            Internet.
22            (H) Information about local resources where
23        students can obtain additional information and
24        confidential services related to bullying,
25        interpersonal and sexual violence, suicide prevention,
26        sexual and reproductive health, sexual orientation,

 

 

HB1736- 15 -LRB102 14083 CMG 19435 b

1        gender identity, gender expression, and other related
2        issues.
3            (I) Information about mandated reporting of abused
4        and neglected children as required by the Abused and
5        Neglected Child Reporting Act.
6            (J) Information concerning the Abandoned Newborn
7        Infant Protection Act.
8            (K) Skills for effective communication with
9        parents or guardians, health and social service
10        professionals, other trusted adults, and peers about
11        sexual health and relationships.
12            (L) Skills to explore the roles that race,
13        ethnicity, immigration status, religious beliefs,
14        disability status, sexual orientation, gender
15        identity, gender expression, economic status, and
16        language within different communities play in how
17        students make decisions that affect their sexual
18        health and relationships.
19        (5) Beginning no later than July 1, 2023, a school
20    district shall provide inclusive, medically accurate and
21    complete, age and developmentally appropriate, and
22    culturally appropriate comprehensive sex education in the
23    3rd through 5th grades in all public schools.
24    Comprehensive sex education in the 3rd through 5th grades
25    shall include age and developmentally appropriate
26    instruction on all of the following topics:

 

 

HB1736- 16 -LRB102 14083 CMG 19435 b

1            (A) Human anatomy and reproduction.
2            (B) Puberty, including the physical, social, and
3        emotional changes that occur during puberty and
4        adolescence.
5            (C) Positive body image.
6            (D) Personal hygiene.
7            (E) Information about diverse sexual orientations,
8        gender identities, and gender expressions, including
9        affirmative representation and health-positive
10        instruction.
11            (F) Gender-role stereotypes.
12            (G) Healthy relationships, including family and
13        friendships, and how to distinguish between healthy
14        and unhealthy relationships.
15            (H) Consent.
16            (I) Personal safety, including, but not limited
17        to, bullying, harassment, coercion, intimidation,
18        violence, and abuse.
19            (J) Reliance on and communication with parents and
20        trusted adults about issues related to puberty,
21        developing healthy relationships, and personal safety.
22            (K) Internet safety, including discussion about
23        the safe use and potential risks of social media,
24        dating or relationship applications or websites, and
25        texting. Discussion about the use of social media,
26        dating applications, sexting, and other Internet-based

 

 

HB1736- 17 -LRB102 14083 CMG 19435 b

1        methods of communicating in relationships shall
2        include:
3                (i) the possible consequences of sharing or
4            forwarding sexually explicit or sexually
5            suggestive photographs or images, videos, or text
6            messages;
7                (ii) the identification of situations in which
8            bullying or harassment may result as a consequence
9            of using social media and dating applications or
10            engaging in sexting;
11                (iii) the possible long-term legal, social,
12            academic, and other consequences that may result
13            from possessing or distributing sexual content;
14                (iv) the importance of using the Internet
15            safely and how social media, dating applications,
16            and sexting may pose a risk to personal safety;
17                (v) the identification of individuals,
18            including school personnel, community members, and
19            parents, who may provide assistance with issues,
20            concerns, or problems resulting from use of the
21            Internet; and
22                (vi) the development of strategies for
23            resisting peer pressure and for communicating in a
24            positive manner.
25            (L) Information about interpersonal violence,
26        sexual violence, and human trafficking. The

 

 

HB1736- 18 -LRB102 14083 CMG 19435 b

1        information about human trafficking shall include both
2        of the following:
3                (i) Information on the prevalence, nature, and
4            strategies to reduce the risk of human
5            trafficking, the techniques to set healthy
6            boundaries, and how to safely seek assistance.
7                (ii) Information about how social media and
8            mobile device applications are used for human
9            trafficking.
10            (M) Information about local resources where
11        students can obtain additional information and
12        confidential services related to bullying,
13        interpersonal and sexual violence, suicide prevention,
14        sexual and reproductive health, sexual orientation,
15        gender identity, gender expression, and other related
16        issues.
17            (N) Information about mandated reporting of abused
18        and neglected children as required by the Abused and
19        Neglected Child Reporting Act.
20        (6) Beginning no later than July 1, 2023, a school
21    district shall provide inclusive, medically accurate and
22    complete, age and developmentally appropriate, and
23    culturally appropriate comprehensive sex education in the
24    1st and 2nd grades and in kindergarten if kindergarten is
25    offered by the school. Comprehensive sex education in
26    kindergarten through 2nd grade shall include age and

 

 

HB1736- 19 -LRB102 14083 CMG 19435 b

1    developmentally appropriate instruction on all of the
2    following topics:
3            (A) Human anatomy.
4            (B) Gender roles.
5            (C) Diverse family structures.
6            (D) Healthy relationships.
7            (E) Personal bodily autonomy and the concept of
8        consent.
9            (F) Bullying.
10            (G) How to promote personal safety, including
11        reliance on and communication with parents and trusted
12        adults.
13    (e) By no later than July 1, 2022, the State Board of
14Education shall post on its website comprehensive sex
15education resources that are inclusive, medically accurate and
16complete, age and developmentally appropriate, and culturally
17appropriate for use in pre-kindergarten through the 12th
18grade. Any comprehensive sex education offered to
19pre-kindergarten students shall be age and developmentally
20appropriate.
21    (f) School disclosure, parental requests, and notice are
22as follows:
23        (1) It is the intent of the General Assembly to:
24            (A) encourage pupils to communicate with their
25        parents or guardians about human sexuality and health
26        needs and to respect the rights of parents and

 

 

HB1736- 20 -LRB102 14083 CMG 19435 b

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

 

 

HB1736- 21 -LRB102 14083 CMG 19435 b

1            (B) the number of students who received the
2        instruction during the prior school year;
3            (C) the number of students excused from
4        instruction pursuant to this subsection (f) during the
5        prior school year;
6            (D) the duration of instruction, including the
7        number of hours of instruction per grade level during
8        the prior school year; and
9            (E) the name and contact information, including an
10        email address, of school personnel who can respond to
11        inquiries and comments about the instruction and
12        materials.
13        If any instruction is provided by an outside
14    organization or guest lecturer or resource person, the
15    school district shall specify the name of the outside
16    organization or the guest lecturer or resource person and
17    identify any organizations with which the guest lecturer
18    or resource person may be affiliated.
19        If an Internet website is not available, the
20    information must be provided in another format to school
21    administrators, school board members, school personnel,
22    parents, guardians, students, and the public.
23        (4) At the beginning of each school year or at the time
24    of a student's enrollment, a school district shall notify
25    the parent or guardian of each student about the
26    instruction planned for the coming school year about

 

 

HB1736- 22 -LRB102 14083 CMG 19435 b

1    comprehensive sex education and research on student
2    health, behaviors, and risks. The notice shall do all of
3    the following:
4            (A) Advise the parent or guardian that written and
5        audiovisual educational materials used in
6        comprehensive sex education, including materials used
7        by an outside organization, guest lecturer, or
8        resource person, are available for inspection both to
9        the parent or guardian and to the public.
10            (B) Advise the parent or guardian whether the
11        comprehensive sex education will be taught by school
12        district personnel or by an outside organization,
13        guest lecturer, or resource person. If comprehensive
14        sex education is to be taught by an outside
15        organization, guest lecturer, or resource person, the
16        notice shall include the date of the instruction, the
17        name of the organization or the affiliation of each
18        guest speaker or resource person, and information
19        stating the right of the parent or guardian to request
20        a copy of the educational materials to be used. If
21        arrangements for this instruction are made after the
22        beginning of the school year, the notice shall be made
23        by mail or another commonly used method of
24        notification no fewer than 14 days before the
25        instruction is delivered.
26            (C) Include information explaining the parent's or

 

 

HB1736- 23 -LRB102 14083 CMG 19435 b

1        guardian's right to request a copy of this Section.
2            (D) Advise the parent or guardian that the parent
3        or guardian has the right to excuse the student from
4        comprehensive sex education and that, in order to
5        excuse the student, the parent or guardian must submit
6        his or her request in writing to the school district.
7            (E) State that a student will not be subject to
8        disciplinary action, an academic penalty, or any other
9        sanction if the student's parent or guardian requests
10        the student not receive the instruction provided under
11        this Section. If a student's parent or guardian
12        requests that the student not receive the instruction
13        provided under this Section, the school is encouraged
14        to provide alternative assignments on a related topic.
15            (F) Identify the name and contact information,
16        including an email address, of school personnel who
17        can respond to inquiries and comments about the course
18        instruction and materials.
19    (g) A school district may collaborate with a local public
20health department to identify and designate a qualified
21employee of the local public health department as the school
22district's point of contact for the purposes of responding to
23inquiries and comments about course instruction and materials
24under this Section.
25    (h) No later than July 1, 2022, the State Board of
26Education shall develop, maintain, and make publicly available

 

 

HB1736- 24 -LRB102 14083 CMG 19435 b

1State standards consistent with this Section that include, but
2are not limited to, the National Sex Education Standards as
3developed by the Future of Sex Education Initiative. In
4developing standards, the State Board shall engage and seek
5the advice and input of stakeholders, including, but not
6limited to, youth, parents, educators, social workers, sexual
7and interpersonal violence prevention experts, health care
8providers, and advocates.
9    (i) The State Board of Education shall adopt rules to
10implement, administer, and ensure compliance with this
11Section.
 
12    (105 ILCS 5/27A-5)
13    Sec. 27A-5. Charter school; legal entity; requirements.
14    (a) A charter school shall be a public, nonsectarian,
15nonreligious, non-home based, and non-profit school. A charter
16school shall be organized and operated as a nonprofit
17corporation or other discrete, legal, nonprofit entity
18authorized under the laws of the State of Illinois.
19    (b) A charter school may be established under this Article
20by creating a new school or by converting an existing public
21school or attendance center to charter school status.
22Beginning on April 16, 2003 (the effective date of Public Act
2393-3), in all new applications to establish a charter school
24in a city having a population exceeding 500,000, operation of
25the charter school shall be limited to one campus. The changes

 

 

HB1736- 25 -LRB102 14083 CMG 19435 b

1made to this Section by Public Act 93-3 do not apply to charter
2schools existing or approved on or before April 16, 2003 (the
3effective date of Public Act 93-3).
4    (b-5) In this subsection (b-5), "virtual-schooling" means
5a cyber school where students engage in online curriculum and
6instruction via the Internet and electronic communication with
7their teachers at remote locations and with students
8participating at different times.
9    From April 1, 2013 through December 31, 2016, there is a
10moratorium on the establishment of charter schools with
11virtual-schooling components in school districts other than a
12school district organized under Article 34 of this Code. This
13moratorium does not apply to a charter school with
14virtual-schooling components existing or approved prior to
15April 1, 2013 or to the renewal of the charter of a charter
16school with virtual-schooling components already approved
17prior to April 1, 2013.
18    (c) A charter school shall be administered and governed by
19its board of directors or other governing body in the manner
20provided in its charter. The governing body of a charter
21school shall be subject to the Freedom of Information Act and
22the Open Meetings Act. No later than January 1, 2021 (one year
23after the effective date of Public Act 101-291) this
24amendatory Act of the 101st General Assembly, a charter
25school's board of directors or other governing body must
26include at least one parent or guardian of a pupil currently

 

 

HB1736- 26 -LRB102 14083 CMG 19435 b

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

 

 

HB1736- 27 -LRB102 14083 CMG 19435 b

1health and safety requirement" means any health and safety
2requirement created by statute or rule to provide, maintain,
3preserve, or safeguard safe or healthful conditions for
4students and school personnel or to eliminate, reduce, or
5prevent threats to the health and safety of students and
6school personnel. "Non-curricular health and safety
7requirement" does not include any course of study or
8specialized instructional requirement for which the State
9Board has established goals and learning standards or which is
10designed primarily to impart knowledge and skills for students
11to master and apply as an outcome of their education.
12    A charter school shall comply with all non-curricular
13health and safety requirements applicable to public schools
14under the laws of the State of Illinois. On or before September
151, 2015, the State Board shall promulgate and post on its
16Internet website a list of non-curricular health and safety
17requirements that a charter school must meet. The list shall
18be updated annually no later than September 1. Any charter
19contract between a charter school and its authorizer must
20contain a provision that requires the charter school to follow
21the list of all non-curricular health and safety requirements
22promulgated by the State Board and any non-curricular health
23and safety requirements added by the State Board to such list
24during the term of the charter. Nothing in this subsection (d)
25precludes an authorizer from including non-curricular health
26and safety requirements in a charter school contract that are

 

 

HB1736- 28 -LRB102 14083 CMG 19435 b

1not contained in the list promulgated by the State Board,
2including non-curricular health and safety requirements of the
3authorizing local school board.
4    (e) Except as otherwise provided in the School Code, a
5charter school shall not charge tuition; provided that a
6charter school may charge reasonable fees for textbooks,
7instructional materials, and student activities.
8    (f) A charter school shall be responsible for the
9management and operation of its fiscal affairs including, but
10not limited to, the preparation of its budget. An audit of each
11charter school's finances shall be conducted annually by an
12outside, independent contractor retained by the charter
13school. To ensure financial accountability for the use of
14public funds, on or before December 1 of every year of
15operation, each charter school shall submit to its authorizer
16and the State Board a copy of its audit and a copy of the Form
17990 the charter school filed that year with the federal
18Internal Revenue Service. In addition, if deemed necessary for
19proper financial oversight of the charter school, an
20authorizer may require quarterly financial statements from
21each charter school.
22    (g) A charter school shall comply with all provisions of
23this Article, the Illinois Educational Labor Relations Act,
24all federal and State laws and rules applicable to public
25schools that pertain to special education and the instruction
26of English learners, and its charter. A charter school is

 

 

HB1736- 29 -LRB102 14083 CMG 19435 b

1exempt from all other State laws and regulations in this Code
2governing public schools and local school board policies;
3however, a charter school is not exempt from the following:
4        (1) Sections 10-21.9 and 34-18.5 of this Code
5    regarding criminal history records checks and checks of
6    the Statewide Sex Offender Database and Statewide Murderer
7    and Violent Offender Against Youth Database of applicants
8    for employment;
9        (2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and
10    34-84a of this Code regarding discipline of students;
11        (3) the Local Governmental and Governmental Employees
12    Tort Immunity Act;
13        (4) Section 108.75 of the General Not For Profit
14    Corporation Act of 1986 regarding indemnification of
15    officers, directors, employees, and agents;
16        (5) the Abused and Neglected Child Reporting Act;
17        (5.5) subsection (b) of Section 10-23.12 and
18    subsection (b) of Section 34-18.6 of this Code;
19        (6) the Illinois School Student Records Act;
20        (7) Section 10-17a of this Code regarding school
21    report cards;
22        (8) the P-20 Longitudinal Education Data System Act;
23        (9) Section 27-23.7 of this Code regarding bullying
24    prevention;
25        (10) Section 2-3.162 of this Code regarding student
26    discipline reporting;

 

 

HB1736- 30 -LRB102 14083 CMG 19435 b

1        (11) Sections 22-80 and 27-8.1 of this Code;
2        (12) Sections 10-20.60 and 34-18.53 of this Code;
3        (13) Sections 10-20.63 and 34-18.56 of this Code;
4        (14) Section 26-18 of this Code;
5        (15) Section 22-30 of this Code; and
6        (16) Sections 24-12 and 34-85 of this Code; .
7        (17) the (16) The Seizure Smart School Act; .
8        (18) Section 10-23.13 of this Code;
9        (19) Section 27-9.1a of this Code; and
10        (20) Section 34-18.8 of this Code.
11    The change made by Public Act 96-104 to this subsection
12(g) is declaratory of existing law.
13    (h) A charter school may negotiate and contract with a
14school district, the governing body of a State college or
15university or public community college, or any other public or
16for-profit or nonprofit private entity for: (i) the use of a
17school building and grounds or any other real property or
18facilities that the charter school desires to use or convert
19for use as a charter school site, (ii) the operation and
20maintenance thereof, and (iii) the provision of any service,
21activity, or undertaking that the charter school is required
22to perform in order to carry out the terms of its charter.
23However, a charter school that is established on or after
24April 16, 2003 (the effective date of Public Act 93-3) and that
25operates in a city having a population exceeding 500,000 may
26not contract with a for-profit entity to manage or operate the

 

 

HB1736- 31 -LRB102 14083 CMG 19435 b

1school during the period that commences on April 16, 2003 (the
2effective date of Public Act 93-3) and concludes at the end of
3the 2004-2005 school year. Except as provided in subsection
4(i) of this Section, a school district may charge a charter
5school reasonable rent for the use of the district's
6buildings, grounds, and facilities. Any services for which a
7charter school contracts with a school district shall be
8provided by the district at cost. Any services for which a
9charter school contracts with a local school board or with the
10governing body of a State college or university or public
11community college shall be provided by the public entity at
12cost.
13    (i) In no event shall a charter school that is established
14by converting an existing school or attendance center to
15charter school status be required to pay rent for space that is
16deemed available, as negotiated and provided in the charter
17agreement, in school district facilities. However, all other
18costs for the operation and maintenance of school district
19facilities that are used by the charter school shall be
20subject to negotiation between the charter school and the
21local school board and shall be set forth in the charter.
22    (j) A charter school may limit student enrollment by age
23or grade level.
24    (k) If the charter school is approved by the State Board or
25Commission, then the charter school is its own local education
26agency.

 

 

HB1736- 32 -LRB102 14083 CMG 19435 b

1(Source: P.A. 100-29, eff. 1-1-18; 100-156, eff. 1-1-18;
2100-163, eff. 1-1-18; 100-413, eff. 1-1-18; 100-468, eff.
36-1-18; 100-726, eff. 1-1-19; 100-863, eff. 8-14-18; 101-50,
4eff. 7-1-20; 101-81, eff. 7-12-19; 101-291, eff. 1-1-20;
5101-531, eff. 8-23-19; 101-543, eff. 8-23-19; revised 8-4-20.)
 
6    (105 ILCS 5/34-18.8)  (from Ch. 122, par. 34-18.8)
7    Sec. 34-18.8. HIV AIDS training. School guidance
8counselors, nurses, teachers and other school personnel who
9work with pupils shall may be trained to have a basic knowledge
10of matters relating to human immunodeficiency virus (HIV)
11acquired immunodeficiency syndrome (AIDS), including the
12nature of the infection disease, its causes and effects, the
13means of detecting it and preventing its transmission, the
14availability of appropriate sources of counseling and
15referral, and any other medically accurate information that is
16age and developmentally appropriate for may be appropriate
17considering the age and grade level of such pupils. The Board
18of Education shall supervise such training. The State Board of
19Education and the Department of Public Health shall jointly
20develop standards for such training.
21(Source: P.A. 86-900.)
 
22    (105 ILCS 5/27-9.1 rep.)
23    (105 ILCS 5/27-9.2 rep.)
24    (105 ILCS 5/27-11 rep.)

 

 

HB1736- 33 -LRB102 14083 CMG 19435 b

1    Section 10. The School Code is amended by repealing
2Sections 27-9.1, 27-9.2, and 27-11.
 
3    Section 99. Effective date. This Act takes effect upon
4becoming law.