Illinois General Assembly - Full Text of SB2455
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Full Text of SB2455  94th General Assembly

SB2455 94TH GENERAL ASSEMBLY


 


 
94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
SB2455

 

Introduced 1/18/2006, by Sen. Donne E. Trotter

 

SYNOPSIS AS INTRODUCED:
 
105 ILCS 5/27-9.1   from Ch. 122, par. 27-9.1
105 ILCS 110/3   from Ch. 122, par. 863
30 ILCS 805/8.30 new

    Amends the School Code and the Critical Health Problems and Comprehensive Health Education Act. Removes a provision that requires a sex education course that discusses sexual intercourse to have course material and instruction to advise pupils of the Abandoned Newborn Infant Protection Act and to provide information about responsible parenting and the availability of confidential adoption services. Provides instead that the Comprehensive Health Education Program must provide course material and instruction to advise pupils of the Abandoned Newborn Infant Protection Act and to provide information about responsible parenting and the availability of confidential adoption services. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.


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FISCAL NOTE ACT MAY APPLY
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

 

 

A BILL FOR

 

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1     AN ACT concerning education.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The School Code is amended by changing Section
5 27-9.1 as follows:
 
6     (105 ILCS 5/27-9.1)  (from Ch. 122, par. 27-9.1)
7     Sec. 27-9.1. Sex Education.
8     (a) No pupil shall be required to take or participate in
9 any class or course in comprehensive sex education if his
10 parent or guardian submits written objection thereto, and
11 refusal to take or participate in such course or program shall
12 not be reason for suspension or expulsion of such pupil. Each
13 class or course in comprehensive sex education offered in any
14 of grades 6 through 12 shall include instruction on the
15 prevention, transmission and spread of AIDS. Nothing in this
16 Section prohibits instruction in sanitation, hygiene or
17 traditional courses in biology.
18     (b) All public elementary, junior high, and senior high
19 school classes that teach sex education and discuss sexual
20 intercourse shall emphasize that abstinence is the expected
21 norm in that abstinence from sexual intercourse is the only
22 protection that is 100% effective against unwanted teenage
23 pregnancy, sexually transmitted diseases, and acquired immune
24 deficiency syndrome (AIDS) when transmitted sexually.
25     (c) All sex education courses that discuss sexual
26 intercourse shall satisfy the following criteria:
27         (1) Course material and instruction shall be age
28     appropriate.
29         (2) Course material and instruction shall teach honor
30     and respect for monogamous heterosexual marriage.
31         (3) Course material and instruction shall stress that
32     pupils should abstain from sexual intercourse until they

 

 

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1     are ready for marriage.
2         (4) Course material and instruction shall include a
3     discussion of the possible emotional and psychological
4     consequences of preadolescent and adolescent sexual
5     intercourse outside of marriage and the consequences of
6     unwanted adolescent pregnancy.
7         (5) Course material and instruction shall stress that
8     sexually transmitted diseases are serious possible hazards
9     of sexual intercourse. Pupils shall be provided with
10     statistics based on the latest medical information citing
11     the failure and success rates of condoms in preventing AIDS
12     and other sexually transmitted diseases.
13         (6) Course material and instruction shall advise
14     pupils of the laws pertaining to their financial
15     responsibility to children born in and out of wedlock.
16         (7) Course material and instruction shall advise
17     pupils of the circumstances under which it is unlawful for
18     males to have sexual relations with females under the age
19     of 18 to whom they are not married pursuant to Article 12
20     of the Criminal Code of 1961, as now or hereafter amended.
21         (8) Course material and instruction shall teach pupils
22     to not make unwanted physical and verbal sexual advances
23     and how to say no to unwanted sexual advances. Pupils shall
24     be taught that it is wrong to take advantage of or to
25     exploit another person. The material and instruction shall
26     also encourage youth to resist negative peer pressure.
27         (9) (Blank). Course material and instruction shall
28     advise pupils of the provisions of the Abandoned Newborn
29     Infant Protection Act (325 ILCS 2/) as well as provide
30     information about responsible parenting and the
31     availability of confidential adoption services.
32     (d) An opportunity shall be afforded to parents or
33 guardians to examine the instructional materials to be used in
34 such class or course.
35 (Source: P.A. 93-88, eff. 7-2-03.)
 

 

 

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1     Section 10. The Critical Health Problems and Comprehensive
2 Health Education Act is amended by changing Section 3 as
3 follows:
 
4     (105 ILCS 110/3)  (from Ch. 122, par. 863)
5     Sec. 3. Comprehensive Health Education Program. The
6 program established under this Act shall include, but not be
7 limited to, the following major educational areas as a basis
8 for curricula in all elementary and secondary schools in this
9 State: human ecology and health, human growth and development,
10 the emotional, psychological, physiological, hygienic and
11 social responsibilities of family life, including sexual
12 abstinence until marriage, prevention and control of disease,
13 including instruction in grades 6 through 12 on the prevention,
14 transmission and spread of AIDS, public and environmental
15 health, consumer health, safety education and disaster
16 survival, mental health and illness, personal health habits,
17 alcohol, drug use, and abuse including the medical and legal
18 ramifications of alcohol, drug, and tobacco use, abuse during
19 pregnancy, sexual abstinence until marriage, tobacco,
20 nutrition, and dental health. The program shall also provide
21 course material and instruction to advise pupils of the
22 Abandoned Newborn Infant Protection Act and to provide
23 information about responsible parenting and the availability
24 of confidential adoption services. Notwithstanding the above
25 educational areas, the following areas may also be included as
26 a basis for curricula in all elementary and secondary schools
27 in this State: basic first aid (including, but not limited to,
28 cardiopulmonary resuscitation and the Heimlich maneuver),
29 early prevention and detection of cancer, heart disease,
30 diabetes, stroke, and the prevention of child abuse, neglect,
31 and suicide. The school board of each public elementary and
32 secondary school in the State shall encourage all teachers and
33 other school personnel to acquire, develop, and maintain the
34 knowledge and skills necessary to properly administer
35 life-saving techniques, including without limitation the

 

 

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1 Heimlich maneuver and rescue breathing. The training shall be
2 in accordance with standards of the American Red Cross, the
3 American Heart Association, or another nationally recognized
4 certifying organization. A school board may use the services of
5 non-governmental entities whose personnel have expertise in
6 life-saving techniques to instruct teachers and other school
7 personnel in these techniques. Each school board is encouraged
8 to have in its employ, or on its volunteer staff, at least one
9 person who is certified, by the American Red Cross or by
10 another qualified certifying agency, as qualified to
11 administer first aid and cardiopulmonary resuscitation. In
12 addition, each school board is authorized to allocate
13 appropriate portions of its institute or inservice days to
14 conduct training programs for teachers and other school
15 personnel who have expressed an interest in becoming qualified
16 to administer emergency first aid or cardiopulmonary
17 resuscitation. School boards are urged to encourage their
18 teachers and other school personnel who coach school athletic
19 programs and other extracurricular school activities to
20 acquire, develop, and maintain the knowledge and skills
21 necessary to properly administer first aid and cardiopulmonary
22 resuscitation in accordance with standards and requirements
23 established by the American Red Cross or another qualified
24 certifying agency. No pupil shall be required to take or
25 participate in any class or course on AIDS or family life
26 instruction if his parent or guardian submits written objection
27 thereto, and refusal to take or participate in the course or
28 program shall not be reason for suspension or expulsion of the
29 pupil.
30     Curricula developed under programs established in
31 accordance with this Act in the major educational area of
32 alcohol and drug use and abuse shall include classroom
33 instruction in grades 5 through 12. The instruction, which
34 shall include matters relating to both the physical and legal
35 effects and ramifications of drug and substance abuse, shall be
36 integrated into existing curricula; and the State Board of

 

 

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1 Education shall develop and make available to all elementary
2 and secondary schools in this State instructional materials and
3 guidelines which will assist the schools in incorporating the
4 instruction into their existing curricula. In addition, school
5 districts may offer, as part of existing curricula during the
6 school day or as part of an after school program, support
7 services and instruction for pupils or pupils whose parent,
8 parents, or guardians are chemically dependent.
9 (Source: P.A. 92-23, eff. 7-1-01.)
 
10     Section 90. The State Mandates Act is amended by adding
11 Section 8.30 as follows:
 
12     (30 ILCS 805/8.30 new)
13     Sec. 8.30. Exempt mandate. Notwithstanding Sections 6 and 8
14 of this Act, no reimbursement by the State is required for the
15 implementation of any mandate created by this amendatory Act of
16 the 94th General Assembly.
 
17     Section 99. Effective date. This Act takes effect upon
18 becoming law.