Illinois General Assembly - Full Text of HB1736
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Full Text of HB1736  102nd General Assembly

HB1736ham001 102ND GENERAL ASSEMBLY

Rep. Kathleen Willis

Filed: 3/9/2021

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 1736

2    AMENDMENT NO. ______. Amend House Bill 1736 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The School Code is amended by changing
5Sections 10-23.13, 27A-5, and 34-18.8 and by adding Section
627-9.1a as follows:
 
7    (105 ILCS 5/10-23.13)
8    Sec. 10-23.13. Policies addressing sexual abuse.
9    (a) In this Section, "evidence-informed" refers to
10modalities that were created utilizing components of
11evidence-based treatments or curriculums.
12    (b) To adopt and implement, by no later than July 1, 2022,
13a policy addressing sexual abuse of children that shall may
14include an age-appropriate and evidence-informed curriculum
15for students in pre-K through 12th 5th grade;
16evidence-informed training for school personnel on child

 

 

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1sexual abuse; evidence-informed educational information to
2parents or guardians provided in the school handbook on the
3warning signs of a child being abused, along with any needed
4assistance, referral, or resource information; available
5counseling and resources for students affected by sexual
6abuse; and emotional and educational support for a child of
7abuse to continue to be successful in school. A school
8district shall include in its policy and all training
9materials and instruction a definition of prohibited grooming
10behaviors and boundary violations for school personnel and how
11to report these behaviors to school authorities.
12    Any policy adopted under this Section shall may address
13without limitation:
14        (1) methods for increasing teacher, student, and
15    parent awareness of issues regarding sexual abuse of
16    children, including awareness and knowledge of likely
17    warning signs indicating that a child may be a victim of
18    sexual abuse, awareness and knowledge of grooming
19    behaviors and how to report those behaviors to school
20    authorities, and how to prevent child abuse from
21    happening;
22         (1.5) evidence-informed training for school personnel
23    on preventing, recognizing, reporting, and responding to
24    child sexual abuse and grooming behavior, including, but
25    not limited to, training as outlined in Section 10-22.39;
26        (2) options actions that a student child who is a

 

 

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1    victim of sexual abuse has should take to obtain
2    assistance and intervention; and
3        (3) available counseling options for students affected
4    by sexual abuse; .
5        (4) methods for educating school personnel, students,
6    and staff on how to report child abuse to law enforcement
7    authorities and to the Department of Children and Family
8    Services and how to report grooming behaviors to school
9    authorities; and
10        (5) education and information about children's
11    advocacy centers and sexual assault centers and
12    information about how to access a children's advocacy
13    center or sexual assault center serving the district.
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) Personal health and safety education can encourage
22    better sexual health outcomes, reduce stigmas, and prepare
23    young people to lead healthy and fulfilling lives.
24        (2) Students who receive personal health and safety
25    education that includes health-positive instruction on

 

 

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1    sexual orientation, gender identity, and gender expression
2    report less bullying and harassment.
3        (3) The leading health and education organizations
4    support personal health and safety education that includes
5    information about both delaying sexual activity and the
6    effective use of contraception.
7        (4) Students often lack the education and support
8    needed to prevent unwanted or mistimed pregnancy, HIV, and
9    other sexually transmitted infections, to develop healthy
10    relationships, to plan for personal safety, and to develop
11    decision-making skills.
12        (5) Schools have a responsibility to address child
13    abuse, harassment, bullying, inter-personal violence, and
14    personal safety issues, which can have a significant
15    impact on a student's emotional and physical well-being
16    and academic success.
17    It is the intent of the General Assembly that
18comprehensive personal health and safety education shall
19promote awareness and healthy attitudes about growth and
20development, body image, gender identity, gender expression,
21sexuality, sexual health, sexual orientation, consent, dating,
22relationships, and families; should be designed to promote
23positive behaviors and reduce health-related risk behaviors;
24and must be available to students in kindergarten through 12th
25grade and provide students with the information, skills, and
26support needed to acquire accurate information to make healthy

 

 

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1decisions throughout their lives.
2    (c) In this Section:
3    "Abstinence" means to refrain from engaging in any sexual
4behavior or from engaging in specific sexual behavior, such as
5sexual intercourse, either continuously or periodically.
6    "Age and developmentally appropriate" means suitable for a
7particular age or age group of children and adolescents, based
8on the cognitive, emotional, and behavioral development
9typical of that age or age group.
10    "Characteristics of effective programs" means the aspects
11of evidence-based programs, including development, content,
12and the implementation of programs that have been shown to be
13effective in increasing knowledge, clarifying values and
14attitudes, increasing skills, and impacting behavior and are
15widely recognized by leading medical and public health
16agencies to be effective in changing sexual behaviors that
17lead to sexually transmitted infections, including HIV,
18unwanted or mistimed pregnancy, dating violence, and sexual
19violence among young people.
20    "Comprehensive personal health and safety education" means
21instruction in a comprehensive school health education
22approach that addresses the physical, mental, emotional, and
23social dimensions of human sexuality and is designed to
24motivate and assist students in maintaining and improving
25sexual health, developing skills for engaging in healthy
26relationships, preventing abuse, preventing sexual and

 

 

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

 

 

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

 

 

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1and consistent use of condoms and other contraceptives.
2    "Sexting" means the act of sending, sharing, receiving, or
3forwarding a sexually explicit or sexually suggestive image,
4video, or text message by a digital or electronic device,
5including, but not limited to, a mobile or cellular telephone
6or a computer.
7    "Sexual development" means the lifelong process of
8physical, behavioral, cognitive, and emotional growth and
9changes as it relates to an individual's sexuality and sexual
10maturation. "Sexual development" includes puberty, identity
11development, socio-cultural influences, and sexual behaviors.
12    "Sexual violence" means an act of a sexual nature that is
13committed or attempted by another person without the freely
14given consent of the victim or against someone who is unable to
15consent or refuse. "Sexual violence" includes acts of sexual
16harassment, sexual abuse, and sexual assault.
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    (d) Comprehensive personal health and safety education
22requirements for course materials and instruction under this
23Section are as follows:
24        (1) Beginning no later than July 1, 2022,
25    comprehensive personal health and safety education shall
26    do all of the following:

 

 

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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            (D) Be accessible to students with disabilities,
9        which may include the use of a modified curriculum,
10        materials, instruction in alternative formats, and
11        auxiliary aids.
12            (E) Allow instructors to answer questions
13        initiated by a student that are related to and
14        consistent with the material of the course.
15            (F) Create a safe, inclusive, and culturally
16        appropriate environment for all students to learn
17        about and discuss personal health and healthy
18        relationships.
19            (G) Comply with standards developed by the State
20        Board of Education.
21        (2) Beginning no later than July 1, 2022,
22    comprehensive personal health and safety education
23    materials and instruction may not:
24            (A) use shame-based or stigmatizing language or
25        instructional tools;
26            (B) stigmatize parenting or sexually active youth;

 

 

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1            (C) stigmatize or further victimize students
2        impacted by sexual violence;
3            (D) discriminate on the basis of sex, race,
4        ethnicity, national origin, disability, religion,
5        gender expression, gender identity, or sexual
6        orientation;
7            (E) exclude the health needs of individuals who
8        are intersex or individuals of diverse sexual
9        orientations, gender identities, or gender
10        expressions;
11            (F) employ gender expressions; or
12            (G) impose or promote any religious doctrine.
13        (3) Beginning no later than July 1, 2022,
14    comprehensive personal health and safety education
15    instruction and materials, including materials provided or
16    presented by outside organizations, resource persons, or
17    guest lecturers, may not conflict with the provisions of
18    this Section. All guest lecturers and resource persons
19    shall have expertise in comprehensive personal health and
20    safety education consistent with the provisions of this
21    Section.
22        (4) Beginning no later than July 1, 2022, a school
23    district shall provide inclusive, medically accurate and
24    complete, age and developmentally appropriate, and
25    culturally appropriate comprehensive personal health and
26    safety education in the 6th through 12th grades in all

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1                trafficking.
2            (G) Information about the safe use of social
3        media, dating or relationship websites or
4        applications, and sexting, including, but not limited
5        to:
6                (i) the possible consequences of sharing or
7            forwarding sexually explicit or sexually
8            suggestive photographs or images, videos, or text
9            messages;
10                (ii) the identification of situations in which
11            bullying or harassment may result as a consequence
12            of using social media or dating applications or
13            engaging in sexting;
14                (iii) the possible long-term legal, social,
15            academic, and other consequences that may result
16            from possessing or distributing sexual content;
17                (iv) the importance of using the Internet
18            safely and how social media, dating applications,
19            and sexting may pose a risk to personal safety;
20            and
21                (v) the identification of individuals,
22            including school personnel, community members, and
23            parents, who may provide assistance with issues,
24            concerns, or problems resulting from use of the
25            Internet.
26            (H) Information about local resources where

 

 

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1        students can obtain additional information and
2        confidential services related to bullying,
3        interpersonal and sexual violence, suicide prevention,
4        sexual and reproductive health, sexual orientation,
5        gender identity, gender expression, and other related
6        issues.
7            (I) Information about the sex equity policy of the
8        school or education system, the process for making a
9        complaint, the grievance procedure, and the school
10        official who is designated as the school's Title IX
11        coordinator.
12            (J) Information about mandated reporting of abused
13        and neglected children as required by the Abused and
14        Neglected Child Reporting Act.
15            (K) Information concerning the Abandoned Newborn
16        Infant Protection Act.
17            (L) Skills for effective communication with
18        parents or guardians, health and social service
19        professionals, other trusted adults, and peers about
20        sexual health and relationships.
21            (M) Skills to explore the roles that race,
22        ethnicity, immigration status, religious beliefs,
23        disability status, sexual orientation, gender
24        identity, gender expression, economic status, and
25        language within different communities play in how
26        students make decisions that affect their sexual

 

 

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1        health and relationships.
2        (5) Beginning no later than July 1, 2023, a school
3    district shall provide inclusive, medically accurate and
4    complete, age and developmentally appropriate, and
5    culturally appropriate comprehensive personal health and
6    safety education in the 3rd through 5th grades in all
7    public schools. Comprehensive personal health and safety
8    education in the 3rd through 5th grades shall include age
9    and developmentally appropriate instruction on all of the
10    following topics:
11            (A) Human anatomy, reproduction, and sexual
12        development.
13            (B) Puberty, including the physical, social, and
14        emotional changes that occur during puberty and
15        adolescence.
16            (C) Positive body image.
17            (D) Personal hygiene.
18            (E) Information about diverse sexual orientations,
19        gender identities, and gender expressions, including
20        affirmative representation and health-positive
21        instruction.
22            (F) Gender-role stereotypes.
23            (G) Healthy relationships, including family and
24        friendships, and how to distinguish between healthy
25        and unhealthy relationships.
26            (H) Consent.

 

 

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1            (I) Strategies for resisting peer pressure and for
2        communicating in a positive manner.
3            (J) Personal safety, including, but not limited
4        to, bullying, harassment, coercion, intimidation,
5        violence, and abuse.
6            (K) Reliance on and communication with parents and
7        trusted adults about issues related to puberty,
8        developing healthy relationships, and personal safety.
9            (L) Information about the safe use of social
10        media, dating or relationship websites or
11        applications, and sexting, including, but not limited
12        to:
13                (i) the possible consequences of sharing or
14            forwarding sexually explicit or sexually
15            suggestive photographs or images, videos, or text
16            messages;
17                (ii) the identification of situations in which
18            bullying or harassment may result as a consequence
19            of using social media and dating applications or
20            engaging in sexting;
21                (iii) the possible long-term legal, social,
22            academic, and other consequences that may result
23            from possessing or distributing sexual content;
24                (iv) the importance of using the Internet
25            safely and how social media, dating applications,
26            and sexting may pose a risk to personal safety;

 

 

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1                (v) the identification of individuals,
2            including school personnel, community members, and
3            parents, who may provide assistance with issues,
4            concerns, or problems resulting from use of the
5            Internet; and
6                (vi) the development of strategies for
7            resisting peer pressure and for communicating in a
8            positive manner.
9            (M) Information about interpersonal violence,
10        sexual violence, and human trafficking. The
11        information about human trafficking shall include both
12        of the following:
13                (i) Information on the prevalence, nature, and
14            strategies to reduce the risk of human
15            trafficking, the techniques to set healthy
16            boundaries, and how to safely seek assistance.
17                (ii) Information about how social media and
18            mobile device applications are used for human
19            trafficking.
20            (N) Information about local resources where
21        students can obtain additional information and
22        confidential services related to bullying,
23        interpersonal and sexual violence, suicide prevention,
24        sexual and reproductive health, sexual orientation,
25        gender identity, gender expression, and other related
26        issues.

 

 

10200HB1736ham001- 20 -LRB102 14083 CMG 23232 a

1            (O) Information about the sex equity policy of the
2        school or education system, the process for making a
3        complaint, the grievance procedure, and the school
4        official who is designated as the school's Title IX
5        coordinator.
6            (P) Information about mandated reporting of abused
7        and neglected children as required by the Abused and
8        Neglected Child Reporting Act.
9        (6) Beginning no later than July 1, 2023, a school
10    district shall provide inclusive, medically accurate and
11    complete, age and developmentally appropriate, and
12    culturally appropriate comprehensive personal health and
13    safety education in the 1st and 2nd grades and in
14    kindergarten if kindergarten is offered by the school.
15    Comprehensive personal health and safety education in
16    kindergarten through 2nd grade shall include age and
17    developmentally appropriate instruction on all of the
18    following topics:
19            (A) Human anatomy.
20            (B) Gender roles.
21            (C) Diverse family structures.
22            (D) Healthy relationships.
23            (E) Personal bodily autonomy and the concept of
24        consent.
25            (F) Bullying.
26            (G) How to promote personal safety, including

 

 

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1        reliance on and communication with parents and trusted
2        adults.
3    (e) By no later than July 1, 2022, the State Board of
4Education shall post on its website comprehensive personal
5health and safety education resources that are inclusive,
6medically accurate and complete, age and developmentally
7appropriate, and culturally appropriate for use in
8pre-kindergarten through the 12th grade. Any comprehensive
9personal health and safety education offered to
10pre-kindergarten students shall be age and developmentally
11appropriate.
12    (f) School disclosure, parental requests, and notice are
13as follows:
14        (1) It is the intent of the General Assembly to:
15            (A) encourage pupils to communicate with their
16        parents or guardians about human sexuality and health
17        needs and to respect the rights of parents and
18        guardians to supervise their children's education on
19        these subjects;
20            (B) create a streamlined process to make it easier
21        for parents and guardians to review materials and
22        evaluation tools related to comprehensive personal
23        health and safety education; and
24            (C) recognize that although parents and guardians
25        overwhelmingly support medically accurate and
26        complete, age and developmentally appropriate, and

 

 

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1        culturally appropriate comprehensive personal health
2        and safety education, parents and guardians have the
3        ultimate responsibility for imparting values regarding
4        human sexuality to their children.
5        (2) A parent or guardian of a student has the right to
6    excuse his or her child from all or a part of comprehensive
7    personal health and safety education and assessments
8    related to that education through a passive consent
9    process. A school district may not require active parental
10    consent for comprehensive personal health and safety
11    education.
12        (3) A school district shall annually post information
13    on its Internet website about any curricula used to
14    provide comprehensive personal health and safety
15    education, including:
16            (A) whether the instruction during the prior
17        school year was provided by a teacher in the school, an
18        outside organization, or a guest lecturer or resource
19        person;
20            (B) the number of students who received the
21        instruction during the prior school year;
22            (C) the number of students excused from
23        instruction pursuant to this subsection (f) during the
24        prior school year;
25            (D) the duration of instruction, including the
26        number of hours of instruction per grade level during

 

 

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1        the prior school year; and
2            (E) the name and contact information, including an
3        email address, of school personnel who can respond to
4        inquiries and comments about the instruction and
5        materials.
6        If any instruction is provided by an outside
7    organization or guest lecturer or resource person, the
8    school district shall specify the name of the outside
9    organization or the guest lecturer or resource person and
10    identify any organizations with which the guest lecturer
11    or resource person may be affiliated.
12        If an Internet website is not available, the
13    information must be provided in another format to school
14    administrators, school board members, school personnel,
15    parents, guardians, students, and the public.
16        (4) At the beginning of each school year or at the time
17    of a student's enrollment, a school district shall notify
18    the parent or guardian of each student about the
19    instruction planned for the coming school year about
20    comprehensive personal health and safety education and
21    research on student health, behaviors, and risks. The
22    notice shall do all of the following:
23            (A) Advise the parent or guardian that written and
24        audiovisual educational materials used in
25        comprehensive personal health and safety education,
26        including materials used by an outside organization,

 

 

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

 

 

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1        the school district.
2            (E) State that a student will not be subject to
3        disciplinary action, an academic penalty, or any other
4        sanction if the student's parent or guardian requests
5        the student not receive the instruction provided under
6        this Section. If a student's parent or guardian
7        requests that the student not receive the instruction
8        provided under this Section, the school is encouraged
9        to provide alternative assignments on a related topic.
10            (F) Identify the name and contact information,
11        including an email address, of school personnel who
12        can respond to inquiries and comments about the course
13        instruction and materials.
14    (g) A school district may collaborate with a local public
15health department to identify and designate a qualified
16employee of the local public health department as the school
17district's point of contact for the purposes of responding to
18inquiries and comments about course instruction and materials
19under this Section.
20    (h) No later than July 1, 2022, the State Board of
21Education shall develop, maintain, and make publicly available
22State standards consistent with this Section that include, but
23are not limited to, the national standards developed by
24organizations such as Advocates for Youth, Answer, and the
25Sexuality Information and Education Council of the United
26States (SIECUS). In developing standards, the State Board

 

 

10200HB1736ham001- 26 -LRB102 14083 CMG 23232 a

1shall engage and seek the advice and input of stakeholders,
2including, but not limited to, youth, parents, educators,
3social workers, sexual and interpersonal violence prevention
4experts, health care providers, and advocates.
5    (i) The State Board of Education shall adopt rules to
6implement, administer, and ensure compliance with this
7Section.
 
8    (105 ILCS 5/27A-5)
9    Sec. 27A-5. Charter school; legal entity; requirements.
10    (a) A charter school shall be a public, nonsectarian,
11nonreligious, non-home based, and non-profit school. A charter
12school shall be organized and operated as a nonprofit
13corporation or other discrete, legal, nonprofit entity
14authorized under the laws of the State of Illinois.
15    (b) A charter school may be established under this Article
16by creating a new school or by converting an existing public
17school or attendance center to charter school status.
18Beginning on April 16, 2003 (the effective date of Public Act
1993-3), in all new applications to establish a charter school
20in a city having a population exceeding 500,000, operation of
21the charter school shall be limited to one campus. The changes
22made to this Section by Public Act 93-3 do not apply to charter
23schools existing or approved on or before April 16, 2003 (the
24effective date of Public Act 93-3).
25    (b-5) In this subsection (b-5), "virtual-schooling" means

 

 

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

 

 

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

 

 

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1prevent threats to the health and safety of students and
2school personnel. "Non-curricular health and safety
3requirement" does not include any course of study or
4specialized instructional requirement for which the State
5Board has established goals and learning standards or which is
6designed primarily to impart knowledge and skills for students
7to master and apply as an outcome of their education.
8    A charter school shall comply with all non-curricular
9health and safety requirements applicable to public schools
10under the laws of the State of Illinois. On or before September
111, 2015, the State Board shall promulgate and post on its
12Internet website a list of non-curricular health and safety
13requirements that a charter school must meet. The list shall
14be updated annually no later than September 1. Any charter
15contract between a charter school and its authorizer must
16contain a provision that requires the charter school to follow
17the list of all non-curricular health and safety requirements
18promulgated by the State Board and any non-curricular health
19and safety requirements added by the State Board to such list
20during the term of the charter. Nothing in this subsection (d)
21precludes an authorizer from including non-curricular health
22and safety requirements in a charter school contract that are
23not contained in the list promulgated by the State Board,
24including non-curricular health and safety requirements of the
25authorizing local school board.
26    (e) Except as otherwise provided in the School Code, a

 

 

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1charter school shall not charge tuition; provided that a
2charter school may charge reasonable fees for textbooks,
3instructional materials, and student activities.
4    (f) A charter school shall be responsible for the
5management and operation of its fiscal affairs including, but
6not limited to, the preparation of its budget. An audit of each
7charter school's finances shall be conducted annually by an
8outside, independent contractor retained by the charter
9school. To ensure financial accountability for the use of
10public funds, on or before December 1 of every year of
11operation, each charter school shall submit to its authorizer
12and the State Board a copy of its audit and a copy of the Form
13990 the charter school filed that year with the federal
14Internal Revenue Service. In addition, if deemed necessary for
15proper financial oversight of the charter school, an
16authorizer may require quarterly financial statements from
17each charter school.
18    (g) A charter school shall comply with all provisions of
19this Article, the Illinois Educational Labor Relations Act,
20all federal and State laws and rules applicable to public
21schools that pertain to special education and the instruction
22of English learners, and its charter. A charter school is
23exempt from all other State laws and regulations in this Code
24governing public schools and local school board policies;
25however, a charter school is not exempt from the following:
26        (1) Sections 10-21.9 and 34-18.5 of this Code

 

 

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1    regarding criminal history records checks and checks of
2    the Statewide Sex Offender Database and Statewide Murderer
3    and Violent Offender Against Youth Database of applicants
4    for employment;
5        (2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and
6    34-84a of this Code regarding discipline of students;
7        (3) the Local Governmental and Governmental Employees
8    Tort Immunity Act;
9        (4) Section 108.75 of the General Not For Profit
10    Corporation Act of 1986 regarding indemnification of
11    officers, directors, employees, and agents;
12        (5) the Abused and Neglected Child Reporting Act;
13        (5.5) subsection (b) of Section 10-23.12 and
14    subsection (b) of Section 34-18.6 of this Code;
15        (6) the Illinois School Student Records Act;
16        (7) Section 10-17a of this Code regarding school
17    report cards;
18        (8) the P-20 Longitudinal Education Data System Act;
19        (9) Section 27-23.7 of this Code regarding bullying
20    prevention;
21        (10) Section 2-3.162 of this Code regarding student
22    discipline reporting;
23        (11) Sections 22-80 and 27-8.1 of this Code;
24        (12) Sections 10-20.60 and 34-18.53 of this Code;
25        (13) Sections 10-20.63 and 34-18.56 of this Code;
26        (14) Section 26-18 of this Code;

 

 

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1        (15) Section 22-30 of this Code; and
2        (16) Sections 24-12 and 34-85 of this Code; .
3        (17) the (16) The Seizure Smart School Act; .
4        (18) Section 10-23.13 of this Code;
5        (19) Section 27-9.1a of this Code; and
6        (20) Section 34-18.8 of this Code.
7    The change made by Public Act 96-104 to this subsection
8(g) is declaratory of existing law.
9    (h) A charter school may negotiate and contract with a
10school district, the governing body of a State college or
11university or public community college, or any other public or
12for-profit or nonprofit private entity for: (i) the use of a
13school building and grounds or any other real property or
14facilities that the charter school desires to use or convert
15for use as a charter school site, (ii) the operation and
16maintenance thereof, and (iii) the provision of any service,
17activity, or undertaking that the charter school is required
18to perform in order to carry out the terms of its charter.
19However, a charter school that is established on or after
20April 16, 2003 (the effective date of Public Act 93-3) and that
21operates in a city having a population exceeding 500,000 may
22not contract with a for-profit entity to manage or operate the
23school during the period that commences on April 16, 2003 (the
24effective date of Public Act 93-3) and concludes at the end of
25the 2004-2005 school year. Except as provided in subsection
26(i) of this Section, a school district may charge a charter

 

 

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1school reasonable rent for the use of the district's
2buildings, grounds, and facilities. Any services for which a
3charter school contracts with a school district shall be
4provided by the district at cost. Any services for which a
5charter school contracts with a local school board or with the
6governing body of a State college or university or public
7community college shall be provided by the public entity at
8cost.
9    (i) In no event shall a charter school that is established
10by converting an existing school or attendance center to
11charter school status be required to pay rent for space that is
12deemed available, as negotiated and provided in the charter
13agreement, in school district facilities. However, all other
14costs for the operation and maintenance of school district
15facilities that are used by the charter school shall be
16subject to negotiation between the charter school and the
17local school board and shall be set forth in the charter.
18    (j) A charter school may limit student enrollment by age
19or grade level.
20    (k) If the charter school is approved by the State Board or
21Commission, then the charter school is its own local education
22agency.
23(Source: P.A. 100-29, eff. 1-1-18; 100-156, eff. 1-1-18;
24100-163, eff. 1-1-18; 100-413, eff. 1-1-18; 100-468, eff.
256-1-18; 100-726, eff. 1-1-19; 100-863, eff. 8-14-18; 101-50,
26eff. 7-1-20; 101-81, eff. 7-12-19; 101-291, eff. 1-1-20;

 

 

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1101-531, eff. 8-23-19; 101-543, eff. 8-23-19; revised 8-4-20.)
 
2    (105 ILCS 5/34-18.8)  (from Ch. 122, par. 34-18.8)
3    Sec. 34-18.8. HIV AIDS training. School guidance
4counselors, nurses, teachers and other school personnel who
5work with pupils shall may be trained to have a basic knowledge
6of matters relating to human immunodeficiency virus (HIV)
7acquired immunodeficiency syndrome (AIDS), including the
8nature of the infection disease, its causes and effects, the
9means of detecting it and preventing its transmission, the
10availability of appropriate sources of counseling and
11referral, and any other medically accurate information that is
12age and developmentally appropriate for may be appropriate
13considering the age and grade level of such pupils. The Board
14of Education shall supervise such training. The State Board of
15Education and the Department of Public Health shall jointly
16develop standards for such training.
17(Source: P.A. 86-900.)
 
18    (105 ILCS 5/27-9.1 rep.)
19    (105 ILCS 5/27-9.2 rep.)
20    (105 ILCS 5/27-11 rep.)
21    Section 10. The School Code is amended by repealing
22Sections 27-9.1, 27-9.2, and 27-11.
 
23    Section 99. Effective date. This Act takes effect upon

 

 

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1becoming law.".