Full Text of HB3027 97th General Assembly
HB3027sam001 97TH GENERAL ASSEMBLY | Sen. Heather A. Steans Filed: 5/12/2011
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| 1 | | AMENDMENT TO HOUSE BILL 3027
| 2 | | AMENDMENT NO. ______. Amend House Bill 3027 by replacing | 3 | | everything after the enacting clause with the following:
| 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) In this Section: | 9 | | "Adapt" means to modify an evidence-based program model
for | 10 | | use with a particular demographic, ethnic, linguistic, or
| 11 | | cultural group. | 12 | | "Age appropriate" means suitable to particular ages or age
| 13 | | groups of children and adolescents, based on the developing
| 14 | | cognitive, emotional, and behavioral capacity typical for the
| 15 | | age or age group. | 16 | | "Evidence-based program" means a program for which
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| 1 | | systematic, empirical research or evaluation has provided
| 2 | | evidence of effectiveness. | 3 | | "Medically accurate" means verified or supported by the
| 4 | | weight of research conducted in compliance with accepted
| 5 | | scientific methods and published in peer-reviewed journals,
if | 6 | | applicable, or comprising information recognized as accurate, | 7 | | objective, and complete. | 8 | | (a-5) (a) No pupil shall be required to take or participate | 9 | | in 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 both | 15 | | abstinence and contraception for the prevention of pregnancy | 16 | | and sexually transmitted diseases, including HIV/AIDS the | 17 | | prevention,
transmission and spread of AIDS .
Nothing in this | 18 | | Section prohibits instruction in sanitation, hygiene or
| 19 | | traditional courses in biology.
| 20 | | (b) All public elementary, junior high, and senior high | 21 | | school
classes that teach sex education and discuss sexual | 22 | | intercourse in grades 6 through 12 shall
emphasize that | 23 | | abstinence is the expected norm in that abstinence from
sexual | 24 | | intercourse is a responsible and positive decision and is the | 25 | | only
protection that is 100% effective against unwanted teenage | 26 | | pregnancy,
sexually transmitted diseases, and acquired immune |
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| 1 | | deficiency syndrome
(AIDS) when transmitted sexually.
| 2 | | (c) All classes that teach sex education and courses that | 3 | | discuss sexual intercourse in grades 6 through 12 shall
satisfy | 4 | | the following criteria:
| 5 | | (1) Course material and instruction shall be | 6 | | developmentally and age appropriate , medically accurate, | 7 | | and complete .
| 8 | | (1.5) Course material and instruction shall replicate | 9 | | evidence-based programs or substantially incorporate | 10 | | elements of evidence-based programs.
| 11 | | (2) Course material and instruction shall teach honor | 12 | | and respect for
monogamous heterosexual marriage.
| 13 | | (3) Course material and instruction shall place | 14 | | substantial emphasis on both abstinence, including | 15 | | abstinence until marriage, and contraception for the | 16 | | prevention of pregnancy and sexually transmitted diseases | 17 | | among youth and shall stress that abstinence is the ensured | 18 | | method of avoiding unintended pregnancy, sexually | 19 | | transmitted diseases, and HIV/AIDS pupils should
abstain | 20 | | from sexual intercourse until they are ready for marriage .
| 21 | | (4) Course material and instruction shall include a | 22 | | discussion of the
possible emotional and psychological | 23 | | consequences of preadolescent and
adolescent sexual | 24 | | intercourse outside of marriage and the consequences of
| 25 | | unwanted adolescent pregnancy.
| 26 | | (5) Course material and instruction shall stress that |
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| 1 | | sexually
transmitted diseases are serious possible hazards | 2 | | of sexual intercourse.
Pupils shall be provided with | 3 | | statistics based on the latest medical
information citing | 4 | | the failure and success rates of condoms in preventing
AIDS | 5 | | and other sexually transmitted diseases.
| 6 | | (6) Course material and instruction shall advise | 7 | | pupils of the laws
pertaining to their financial | 8 | | responsibility to children born in and out of
wedlock.
| 9 | | (7) Course material and instruction shall advise | 10 | | pupils of the
circumstances under which it is unlawful for | 11 | | males to have sexual relations
with females under the
age | 12 | | of 18 to whom they are not married pursuant to Article 12 | 13 | | of the
Criminal Code of 1961, as now or hereafter amended.
| 14 | | (8) Course material and instruction shall teach pupils | 15 | | to not make
unwanted physical and verbal sexual advances | 16 | | and how to say no to unwanted
sexual advances. Pupils shall | 17 | | be taught that it is wrong to take advantage
of or to | 18 | | exploit another person. The material and instruction shall | 19 | | also
encourage youth to resist negative peer pressure.
| 20 | | (9) (Blank).
| 21 | | (10) Course material and instruction shall teach | 22 | | pupils about the dangers associated with drug and alcohol | 23 | | consumption during pregnancy. | 24 | | (d) An opportunity shall be afforded to individuals, | 25 | | including parents or guardians , to examine
the instructional | 26 | | materials to be used in such class or course.
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| 1 | | (e) The State Board of Education shall make available | 2 | | resource materials, with the cooperation and input of the | 3 | | agency that administers grant programs consistent with | 4 | | criteria (1) and (2) of subsection (d) of this Section, for | 5 | | educating children regarding sex education and may take into | 6 | | consideration the curriculum on this subject developed by other | 7 | | states, as well as any other curricular materials suggested by | 8 | | education experts and other groups that work on sex education | 9 | | issues. Materials may include without limitation model sex | 10 | | education curriculums and sexual health education programs. | 11 | | The State Board of Education shall make these resource | 12 | | materials available on its Internet website. School districts | 13 | | that do not currently provide sex education are not required to | 14 | | teach sex education. If a sex education class or course is | 15 | | offered in any of grades 6 through 12, the school district may | 16 | | choose and adapt the developmentally and age-appropriate, | 17 | | medically accurate, evidence-based, and complete sex education | 18 | | curriculum that meets the specific needs of its community. | 19 | | (Source: P.A. 96-1082, eff. 7-16-10.)
| 20 | | Section 10. The Critical Health Problems and Comprehensive | 21 | | Health
Education Act is amended by changing Section 3 as | 22 | | follows:
| 23 | | (105 ILCS 110/3)
| 24 | | Sec. 3. Comprehensive Health Education Program. The |
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| 1 | | program established
under this Act shall include, but not be | 2 | | limited to, the following major
educational areas as a basis | 3 | | for curricula in all elementary and secondary
schools in this | 4 | | State: human ecology and health, human growth and
development, | 5 | | the emotional, psychological, physiological, hygienic and
| 6 | | social responsibilities of family life, including sexual | 7 | | abstinence until
marriage, prevention and control of disease, | 8 | | including instruction in
grades 6 through 12 on the prevention, | 9 | | transmission and spread of AIDS,
sexual assault awareness in | 10 | | secondary schools, public and environmental health, consumer | 11 | | health, safety education and
disaster survival, mental health | 12 | | and illness, personal health habits,
alcohol, drug use, and | 13 | | abuse including the medical and legal ramifications
of alcohol, | 14 | | drug, and tobacco use, abuse during pregnancy, evidence-based | 15 | | and medically accurate information regarding sexual
abstinence | 16 | | until marriage , tobacco, nutrition, and dental health. The | 17 | | program shall also provide course material and instruction to | 18 | | advise pupils of the Abandoned Newborn Infant Protection Act.
| 19 | | The program shall include information about cancer, including | 20 | | without limitation types of cancer, signs and symptoms, risk | 21 | | factors, the importance of early prevention and detection, and | 22 | | information on where to go for help. Notwithstanding the above | 23 | | educational areas, the following areas may also
be included as | 24 | | a basis for curricula in all elementary and secondary
schools | 25 | | in this State: basic first aid (including, but not limited to,
| 26 | | cardiopulmonary resuscitation and the Heimlich maneuver), |
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| 1 | | heart disease, diabetes, stroke, the
prevention of child abuse, | 2 | | neglect, and suicide, and teen dating violence in grades 8 | 3 | | through 12. | 4 | | The school board of each
public elementary and secondary | 5 | | school in the State
shall encourage all teachers and other | 6 | | school personnel to acquire,
develop, and maintain the | 7 | | knowledge and skills necessary to properly
administer | 8 | | life-saving techniques, including without limitation the
| 9 | | Heimlich maneuver and rescue breathing.
The training shall be | 10 | | in
accordance with standards of the
American Red Cross, the | 11 | | American Heart Association, or another nationally
recognized | 12 | | certifying organization.
A school board may use the
services of | 13 | | non-governmental entities whose personnel have expertise in
| 14 | | life-saving techniques to instruct teachers and other school | 15 | | personnel in
these techniques. Each school board
is encouraged | 16 | | to have in
its employ, or on its volunteer staff, at least one | 17 | | person who is certified, by
the American Red Cross or by | 18 | | another qualified certifying agency,
as qualified to | 19 | | administer first aid and
cardiopulmonary resuscitation. In | 20 | | addition, each school board is authorized to
allocate | 21 | | appropriate portions of its institute or inservice days to | 22 | | conduct
training programs for teachers and other school | 23 | | personnel who have expressed an
interest in becoming qualified | 24 | | to administer emergency first aid or
cardiopulmonary | 25 | | resuscitation. School boards are urged to
encourage their | 26 | | teachers and other school personnel who coach school athletic
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| 1 | | programs and other extracurricular school activities to | 2 | | acquire, develop, and
maintain the knowledge and skills | 3 | | necessary to properly administer first aid
and cardiopulmonary | 4 | | resuscitation in accordance with standards and requirements
| 5 | | established by the American Red Cross or another qualified | 6 | | certifying agency. Subject to appropriation, the State Board of | 7 | | Education shall establish and administer a matching grant | 8 | | program to pay for half of the cost that a school district | 9 | | incurs in training those teachers and other school personnel | 10 | | who express an interest in becoming qualified to administer | 11 | | cardiopulmonary resuscitation (which training must be in
| 12 | | accordance with standards of the
American Red Cross, the | 13 | | American Heart Association, or another nationally
recognized | 14 | | certifying organization) or in learning how to use an automated | 15 | | external defibrillator. A school district that applies for a | 16 | | grant must demonstrate that it has funds to pay half of the | 17 | | cost of the training for which matching grant money is sought. | 18 | | The State Board of Education shall award the grants on a | 19 | | first-come, first-serve basis.
| 20 | | No pupil shall be
required to take or participate in any | 21 | | class or course on AIDS or family
life instruction if his | 22 | | parent or guardian submits written objection
thereto, and | 23 | | refusal to take or participate in the course or program shall
| 24 | | not be reason for suspension or expulsion of the pupil.
| 25 | | Curricula developed under programs established in | 26 | | accordance with this
Act in the major educational area of |
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| 1 | | alcohol and drug use and abuse shall
include classroom | 2 | | instruction in grades 5 through 12. The instruction,
which | 3 | | shall include matters relating to both the physical and legal | 4 | | effects
and ramifications of drug and substance abuse, shall be | 5 | | integrated into
existing curricula; and the State Board of | 6 | | Education shall develop and make
available to all elementary | 7 | | and secondary schools in this State
instructional materials and | 8 | | guidelines which will assist the schools in
incorporating the | 9 | | instruction into their existing curricula. In
addition, school | 10 | | districts may offer, as part of existing curricula during
the | 11 | | school day or as part of an after school program, support | 12 | | services and
instruction for pupils or pupils whose parent, | 13 | | parents, or guardians are
chemically dependent.
| 14 | | (Source: P.A. 95-43, eff. 1-1-08; 95-764, eff. 1-1-09; 96-128, | 15 | | eff. 1-1-10; 96-328, eff. 8-11-09; 96-383, eff. 1-1-10; | 16 | | 96-1000, eff. 7-2-10.)".
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