Illinois General Assembly - Full Text of SB0818
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Full Text of SB0818  102nd General Assembly

SB0818sam001 102ND GENERAL ASSEMBLY

Sen. Ram Villivalam

Filed: 4/28/2021

 

 


 

 


 
10200SB0818sam001LRB102 04606 CMG 25824 a

1
AMENDMENT TO SENATE BILL 818

2    AMENDMENT NO. ______. Amend Senate Bill 818 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The School Code is amended by changing
5Sections 2-3.62, 27A-5, and 34-18.8 and by adding Sections
627-9.1a and 27-9.1b as follows:
 
7    (105 ILCS 5/2-3.62)  (from Ch. 122, par. 2-3.62)
8    Sec. 2-3.62. Educational service centers.
9    (a) A regional network of educational service centers
10shall be established by the State Board of Education to
11coordinate and combine existing services in a manner which is
12practical and efficient and to provide new services to schools
13as provided in this Section. Services to be made available by
14such centers shall include the planning, implementation and
15evaluation of:
16        (1) (blank);

 

 

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1        (2) computer technology education;
2        (3) mathematics, science and reading resources for
3    teachers including continuing education, inservice
4    training and staff development.
5    The centers may provide training, technical assistance,
6coordination and planning in other program areas such as
7school improvement, school accountability, financial planning,
8consultation, and services, career guidance, early childhood
9education, alcohol/drug education and prevention,
10comprehensive personal health and safety education and
11comprehensive sexual health family life - sex education,
12electronic transmission of data from school districts to the
13State, alternative education and regional special education,
14and telecommunications systems that provide distance learning.
15Such telecommunications systems may be obtained through the
16Department of Central Management Services pursuant to Section
17405-270 of the Department of Central Management Services Law
18(20 ILCS 405/405-270). The programs and services of
19educational service centers may be offered to private school
20teachers and private school students within each service
21center area provided public schools have already been afforded
22adequate access to such programs and services.
23    Upon the abolition of the office, removal from office,
24disqualification for office, resignation from office, or
25expiration of the current term of office of the regional
26superintendent of schools, whichever is earlier, the chief

 

 

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1administrative officer of the centers serving that portion of
2a Class II county school unit outside of a city of 500,000 or
3more inhabitants shall have and exercise, in and with respect
4to each educational service region having a population of
52,000,000 or more inhabitants and in and with respect to each
6school district located in any such educational service
7region, all of the rights, powers, duties, and
8responsibilities theretofore vested by law in and exercised
9and performed by the regional superintendent of schools for
10that area under the provisions of this Code or any other laws
11of this State.
12    The State Board of Education shall promulgate rules and
13regulations necessary to implement this Section. The rules
14shall include detailed standards which delineate the scope and
15specific content of programs to be provided by each
16Educational Service Center, as well as the specific planning,
17implementation and evaluation services to be provided by each
18Center relative to its programs. The Board shall also provide
19the standards by which it will evaluate the programs provided
20by each Center.
21    (b) Centers serving Class 1 county school units shall be
22governed by an 11-member board, 3 members of which shall be
23public school teachers nominated by the local bargaining
24representatives to the appropriate regional superintendent for
25appointment and no more than 3 members of which shall be from
26each of the following categories, including but not limited to

 

 

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1superintendents, regional superintendents, school board
2members and a representative of an institution of higher
3education. The members of the board shall be appointed by the
4regional superintendents whose school districts are served by
5the educational service center. The composition of the board
6will reflect the revisions of this amendatory Act of 1989 as
7the terms of office of current members expire.
8    (c) The centers shall be of sufficient size and number to
9assure delivery of services to all local school districts in
10the State.
11    (d) From monies appropriated for this program the State
12Board of Education shall provide grants paid from the Personal
13Property Tax Replacement Fund to qualifying Educational
14Service Centers applying for such grants in accordance with
15rules and regulations promulgated by the State Board of
16Education to implement this Section.
17    (e) The governing authority of each of the 18 regional
18educational service centers shall appoint a comprehensive
19personal health and safety education and comprehensive sexual
20health family life - sex education advisory board consisting
21of 2 parents, 2 teachers, 2 school administrators, 2 school
22board members, 2 health care professionals, one library system
23representative, and the director of the regional educational
24service center who shall serve as chairperson of the advisory
25board so appointed. Members of the comprehensive personal
26health and safety education and comprehensive sexual health

 

 

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1family life - sex education advisory boards shall serve
2without compensation. Each of the advisory boards appointed
3pursuant to this subsection shall develop a plan for regional
4teacher-parent comprehensive personal health and safety
5education and comprehensive sexual health family life - sex
6education training sessions and shall file a written report of
7such plan with the governing board of their regional
8educational service center. The directors of each of the
9regional educational service centers shall thereupon meet,
10review each of the reports submitted by the advisory boards
11and combine those reports into a single written report which
12they shall file with the Citizens Council on School Problems
13prior to the end of the regular school term of the 1987-1988
14school year.
15    (f) The 14 educational service centers serving Class I
16county school units shall be disbanded on the first Monday of
17August, 1995, and their statutory responsibilities and
18programs shall be assumed by the regional offices of
19education, subject to rules and regulations developed by the
20State Board of Education. The regional superintendents of
21schools elected by the voters residing in all Class I counties
22shall serve as the chief administrators for these programs and
23services.
24(Source: P.A. 98-24, eff. 6-19-13; 98-647, eff. 6-13-14;
2599-30, eff. 7-10-15.)
 

 

 

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1    (105 ILCS 5/27-9.1a new)
2    Sec. 27-9.1a. Comprehensive personal health and safety and
3comprehensive sexual health education.
4    (a) In this Section:
5    "Adapt" means to modify an evidence-based or
6evidence-informed program model for use with a particular
7demographic, ethnic, linguistic, or cultural group.
8    "Age and developmentally appropriate" means suitable to
9particular ages or age groups of children and adolescents,
10based on the developing cognitive, emotional, and behavioral
11capacity typical for the age or age group.
12    "Characteristics of effective programs" includes
13development, content, and implementation of such programs that
14(i) have been shown to be effective in terms of increasing
15knowledge, clarifying values and attitudes, increasing skills,
16and impacting behavior, (ii) are widely recognized by leading
17medical and public health agencies to be effective in changing
18sexual behaviors that lead to sexually transmitted infections,
19including HIV, unintended pregnancy, interpersonal violence,
20and sexual violence among young people, and (iii) are taught
21by professionals who provide a safe learning space, free from
22shame, stigma, and ideology and are trained in trauma-informed
23teaching methodologies.
24    "Complete" means aligns with the National Sex Education
25Standards.
26    "Comprehensive personal health and safety and

 

 

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1comprehensive sexual health education" means age and
2developmentally appropriate education that aligns with the
3National Sex Education Standards.
4    "Consent" means an affirmative, knowing, conscious,
5ongoing, and voluntary agreement to engage in interpersonal,
6physical, or sexual activity, which can be revoked at any
7point, including during the course of interpersonal, physical,
8or sexual activity.
9    "Culturally appropriate" means affirming culturally
10diverse individuals, families, and communities in an
11inclusive, respectful, and effective manner, including
12materials and instruction that are inclusive of race,
13ethnicity, language, cultural background, immigration status,
14religion, disability, gender, gender identity, gender
15expression, sexual orientation, and sexual behavior.
16    "Evidence-based program" means a program for which
17systematic, empirical research or evaluation has provided
18evidence of effectiveness.
19    "Evidence-informed program" means a program that uses the
20best available research and practice knowledge to guide
21program design and implementation.
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    "Healthy relationships" means relationships between

 

 

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1individuals that consist of mutual respect, trust, honesty,
2support, fairness, equity, separate identities, physical and
3emotional safety, and good communication.
4    "Identity" means people's understanding of how they
5identify their sexual orientation, gender, gender identity, or
6gender expression without stereotypes, shame, or stigma.
7    "Inclusive" means inclusion of marginalized communities
8that include, but are not limited to, people of color,
9immigrants, people of diverse sexual orientations, gender
10identities, and gender expressions, people who are intersex,
11people with disabilities, people who have experienced
12interpersonal or sexual violence, and others.
13    "Interpersonal violence" means violent behavior used to
14establish power and control over another person.
15    "Medically accurate" means verified or supported by the
16weight of research conducted in compliance with accepted
17scientific methods and published in peer-reviewed journals, if
18applicable, or comprising information recognized as accurate
19and objective.
20    "Pre-exposure Prophylaxis (PrEP)" means medications
21approved by the federal Food and Drug Administration (FDA) and
22recommended by the United States Public Health Service or the
23federal Centers for Disease Control and Prevention for HIV
24pre-exposure prophylaxis and related pre-exposure prophylaxis
25services, including, but not limited to, HIV and sexually
26transmitted infection screening, treatment for sexually

 

 

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1transmitted infections, medical monitoring, laboratory
2services, and sexual health counseling, to reduce the
3likelihood of HIV infection for individuals who are not living
4with HIV but are vulnerable to HIV exposure.
5    "Post-exposure Prophylaxis (PeP)" means the medications
6that are recommended by the federal Centers for Disease
7Control and Prevention and other public health authorities to
8help prevent HIV infection after potential occupational or
9non-occupational HIV exposure.
10    "Sexual violence" means discrimination, bullying,
11harassment, including sexual harassment, sexual abuse, sexual
12assault, intimate partner violence, incest, rape, and human
13trafficking.
14    "Trauma informed" means to address vital information about
15sexuality and well-being that takes into consideration how
16adverse life experiences may potentially influence a person's
17well-being and decision making.
18    (b) All classes that teach comprehensive personal health
19and safety and comprehensive sexual health education shall
20satisfy the following criteria:
21        (1) Course material and instruction shall be age and
22    developmentally appropriate, medically accurate,
23    complete, culturally appropriate, inclusive, and trauma
24    informed.
25        (2) Course material and instruction shall replicate
26    evidence-based or evidence-informed programs or

 

 

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1    substantially incorporate elements of evidence-based
2    programs or evidence-informed programs or characteristics
3    of effective programs.
4        (3) Course material and instruction shall be inclusive
5    and sensitive to the needs of students based on their
6    status as pregnant or parenting, living with STIs,
7    including HIV, sexually active, asexual, or intersex or
8    based on their gender, gender identity, gender expression,
9    sexual orientation, sexual behavior, or disability.
10        (4) Course material and instruction shall be
11    accessible to students with disabilities, which may
12    include the use of a modified curriculum, materials,
13    instruction in alternative formats, assistive technology,
14    and auxiliary aids.
15        (5) Course material and instruction shall help
16    students develop self-advocacy skills for effective
17    communication with parents or guardians, health and social
18    service professionals, other trusted adults, and peers
19    about sexual health and relationships.
20        (6) Course material and instruction shall provide
21    information to help students develop skills for developing
22    healthy relationships and preventing and dealing with
23    interpersonal violence and sexual violence.
24        (7) Course material and instruction shall provide
25    information to help students safely use the Internet,
26    including social media, dating or relationship websites or

 

 

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1    applications, and texting.
2        (8) Course material and instruction shall provide
3    information about local resources where students can
4    obtain additional information and confidential services
5    related to parenting, bullying, interpersonal violence,
6    sexual violence, suicide prevention, sexual and
7    reproductive health, mental health, substance abuse,
8    sexual orientation, gender identity, gender expression,
9    and other related issues.
10        (9) Course material and instruction shall include
11    information about State laws related to minor
12    confidentiality and minor consent, including exceptions,
13    consent education, mandated reporting of child abuse and
14    neglect, the safe relinquishment of a newborn child,
15    minors' access to confidential health care and related
16    services, school policies addressing the prevention of and
17    response to interpersonal and sexual violence, school
18    breastfeeding accommodations, and school policies
19    addressing the prevention of and response to sexual
20    harassment.
21        (10) Course material and instruction may not reflect
22    or promote bias against any person on the basis of the
23    person's race, ethnicity, language, cultural background,
24    citizenship, religion, HIV status, family structures,
25    disability, gender, gender identity, gender expression,
26    sexual orientation, or sexual behavior.

 

 

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1        (11) Course material and instruction may not employ
2    gender stereotypes.
3        (12) Course material and instruction shall be
4    inclusive of and may not be insensitive or unresponsive to
5    the needs of survivors of interpersonal violence and
6    sexual violence.
7        (13) Course material and instruction may not
8    proselytize any religious doctrine.
9        (14) Course material and instruction may not
10    deliberately withhold health-promoting or life-saving
11    information about culturally appropriate health care and
12    services, including reproductive health services, hormone
13    therapy, and FDA-approved treatments and options,
14    including, but not limited to, Pre-exposure Prophylaxis
15    (PrEP) and Post-exposure Prophylaxis (PeP).
16        (15) Course material and instruction may not be
17    inconsistent with the ethical imperatives of medicine and
18    public health.
19    (c) A school may utilize guest lecturers or resource
20persons to provide instruction or presentations in accordance
21with Section 10-22.34b. Comprehensive personal health and
22safety and comprehensive sexual health education instruction
23and materials provided by guest lecturers or resource persons
24may not conflict with the provisions of this Section.
25    (d) No student shall be required to take or participate in
26any class or course in comprehensive personal health and

 

 

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1safety and comprehensive sexual health education. A student's
2parent or guardian may opt the student out of comprehensive
3personal health and safety and comprehensive sexual health
4education by submitting the request in writing. Refusal to
5take or participate in such a course or program may not be a
6reason for disciplinary action, academic penalty, suspension,
7or expulsion or any other sanction of a student. A school
8district may not require active parental consent for
9comprehensive personal health and safety and comprehensive
10sexual health education.
11    (e) An opportunity shall be afforded to individuals,
12including parents or guardians, to review the scope and
13sequence of instructional materials to be used in a class or
14course under this Section, either electronically or in person.
15A school district shall annually post, on its Internet website
16if one exists, which curriculum is used to provide
17comprehensive personal health and safety and comprehensive
18sexual health education and the name and contact information,
19including an email address, of school personnel who can
20respond to inquiries about instruction and materials.
21    (f) On or before August 1, 2022, the State Board of
22Education, in consultation with youth, parents, sexual health
23and violence prevention experts, health care providers, and
24advocates and education practitioners, including, but not
25limited to, administrators, regional superintendents of
26schools, teachers, and school support personnel, shall develop

 

 

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1and adopt rigorous learning standards in the area of
2comprehensive personal health and safety and comprehensive
3sexual health education, including, but not limited to, all of
4the National Sex Education Standards, as authored by the
5Future of Sex Education Initiative. As the National Sex
6Education Standards are updated, the State Board of Education
7shall update these learning standards.
8    (g) By no later than August 1, 2022, the State Board of
9Education shall make available resource materials developed in
10consultation with stakeholders, with the cooperation and input
11of experts that provide and entities that promote age and
12developmentally appropriate, medically accurate, complete,
13culturally appropriate, inclusive, and trauma-informed
14comprehensive personal health and safety and comprehensive
15sexual health education policy. Materials may include, without
16limitation, model comprehensive personal health and safety and
17comprehensive sexual health education resources and programs.
18The State Board of Education shall make these resource
19materials available on its Internet website, in a clearly
20identified and easily accessible place.
21    (h) Beginning no later than July 1, 2023, a school
22district shall provide:
23        (1) age and developmentally appropriate, medically
24    accurate, complete, culturally appropriate, inclusive, and
25    trauma-informed comprehensive personal health and safety
26    education in kindergarten through the 5th grade in all

 

 

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1    public schools; and
2        (2) age and developmentally appropriate, medically
3    accurate, complete, culturally appropriate, inclusive, and
4    trauma-informed comprehensive sexual health education in
5    the 6th through 12th grades in all public schools.
6    (i) Schools may choose and adapt the age and
7developmentally appropriate, medically accurate, complete,
8culturally appropriate, inclusive, and trauma-informed
9comprehensive personal health and safety and comprehensive
10sexual health education curriculum that meets the specific
11needs of their community. All instruction and materials,
12including materials provided or presented by outside
13consultants, community groups, or organizations, may not
14conflict with the provisions of this Section.
15    (j) The State Board of Education shall, through existing
16reporting mechanisms if available, direct each school district
17to identify, if instruction on comprehensive personal health
18and safety and comprehensive sexual health education is
19provided, whether the instruction was provided by a teacher in
20the school, a consultant, or a community group or organization
21and specify the name of the outside consultant, community
22group, or organization; the number of students receiving
23instruction; the number of students excused from instruction;
24and the duration of instruction and shall report the results
25of this inquiry to the General Assembly annually, for a period
26of 5 years beginning one year after the effective date of this

 

 

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1amendatory Act of the 102nd General Assembly.
 
2    (105 ILCS 5/27-9.1b new)
3    Sec. 27-9.1b. Consent education.
4    (a) In this Section:
5    "Age and developmentally appropriate" has the meaning
6ascribed to that term in Section 27-9.1a.
7    "Consent" has the meaning ascribed to that term in Section
827-9.1a.
9    (b) A school district shall provide age and
10developmentally appropriate consent education in the 3rd
11through 12th grades.
12        (1) In the 3rd through 5th grades, instruction and
13    materials shall include age and developmentally
14    appropriate instruction on consent and how to give and
15    receive consent, including a discussion that includes, but
16    is not limited to, all of the following:
17            (A) Setting appropriate physical boundaries with
18        others.
19            (B) Respecting the physical boundaries of others.
20            (C) The right to refuse to engage in behaviors or
21        activities that are uncomfortable or unsafe.
22            (D) Dealing with unwanted physical contact.
23            (E) Helping a peer deal with unwanted physical
24        contact.
25        (2) In the 6th through 12th grades, instruction and

 

 

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1    materials shall include age and developmentally
2    appropriate instruction on consent and how to give and
3    receive consent, including a discussion that includes, but
4    is not limited to, all of the following:
5            (A) That consent is a freely given agreement to
6        sexual activity.
7            (B) That consent to one particular sexual activity
8        does not constitute consent to other types of sexual
9        activities.
10            (C) That a person's lack of verbal or physical
11        resistance or submission resulting from the use or
12        threat of force does not constitute consent.
13            (D) That a person's manner of dress does not
14        constitute consent.
15            (E) That a person's consent to past sexual
16        activity does not constitute consent to future sexual
17        activity.
18            (F) That a person's consent to engage in sexual
19        activity with one person does not constitute consent
20        to engage in sexual activity with another person.
21            (G) That a person can withdraw consent at any
22        time.
23            (H) That a person cannot consent to sexual
24        activity if that person is unable to understand the
25        nature of the activity or give knowing consent due to
26        certain circumstances that include, but are not

 

 

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1        limited to:
2                (i) the person is incapacitated due to the use
3            or influence of alcohol or drugs;
4                (ii) the person is asleep or unconscious;
5                (iii) the person is a minor; or
6                (iv) the person is incapacitated due to a
7            mental disability.
8            (I) The legal age of consent in this State.
 
9    (105 ILCS 5/27A-5)
10    Sec. 27A-5. Charter school; legal entity; requirements.
11    (a) A charter school shall be a public, nonsectarian,
12nonreligious, non-home based, and non-profit school. A charter
13school shall be organized and operated as a nonprofit
14corporation or other discrete, legal, nonprofit entity
15authorized under the laws of the State of Illinois.
16    (b) A charter school may be established under this Article
17by creating a new school or by converting an existing public
18school or attendance center to charter school status.
19Beginning on April 16, 2003 (the effective date of Public Act
2093-3), in all new applications to establish a charter school
21in a city having a population exceeding 500,000, operation of
22the charter school shall be limited to one campus. The changes
23made to this Section by Public Act 93-3 do not apply to charter
24schools existing or approved on or before April 16, 2003 (the
25effective date of Public Act 93-3).

 

 

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

 

 

10200SB0818sam001- 20 -LRB102 04606 CMG 25824 a

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

 

 

10200SB0818sam001- 21 -LRB102 04606 CMG 25824 a

1school personnel. "Non-curricular health and safety
2requirement" does not include any course of study or
3specialized instructional requirement for which the State
4Board has established goals and learning standards or which is
5designed primarily to impart knowledge and skills for students
6to master and apply as an outcome of their education.
7    A charter school shall comply with all non-curricular
8health and safety requirements applicable to public schools
9under the laws of the State of Illinois. On or before September
101, 2015, the State Board shall promulgate and post on its
11Internet website a list of non-curricular health and safety
12requirements that a charter school must meet. The list shall
13be updated annually no later than September 1. Any charter
14contract between a charter school and its authorizer must
15contain a provision that requires the charter school to follow
16the list of all non-curricular health and safety requirements
17promulgated by the State Board and any non-curricular health
18and safety requirements added by the State Board to such list
19during the term of the charter. Nothing in this subsection (d)
20precludes an authorizer from including non-curricular health
21and safety requirements in a charter school contract that are
22not contained in the list promulgated by the State Board,
23including non-curricular health and safety requirements of the
24authorizing local school board.
25    (e) Except as otherwise provided in the School Code, a
26charter school shall not charge tuition; provided that a

 

 

10200SB0818sam001- 22 -LRB102 04606 CMG 25824 a

1charter school may charge reasonable fees for textbooks,
2instructional materials, and student activities.
3    (f) A charter school shall be responsible for the
4management and operation of its fiscal affairs including, but
5not limited to, the preparation of its budget. An audit of each
6charter school's finances shall be conducted annually by an
7outside, independent contractor retained by the charter
8school. To ensure financial accountability for the use of
9public funds, on or before December 1 of every year of
10operation, each charter school shall submit to its authorizer
11and the State Board a copy of its audit and a copy of the Form
12990 the charter school filed that year with the federal
13Internal Revenue Service. In addition, if deemed necessary for
14proper financial oversight of the charter school, an
15authorizer may require quarterly financial statements from
16each charter school.
17    (g) A charter school shall comply with all provisions of
18this Article, the Illinois Educational Labor Relations Act,
19all federal and State laws and rules applicable to public
20schools that pertain to special education and the instruction
21of English learners, and its charter. A charter school is
22exempt from all other State laws and regulations in this Code
23governing public schools and local school board policies;
24however, a charter school is not exempt from the following:
25        (1) Sections 10-21.9 and 34-18.5 of this Code
26    regarding criminal history records checks and checks of

 

 

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1    the Statewide Sex Offender Database and Statewide Murderer
2    and Violent Offender Against Youth Database of applicants
3    for employment;
4        (2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and
5    34-84a of this Code regarding discipline of students;
6        (3) the Local Governmental and Governmental Employees
7    Tort Immunity Act;
8        (4) Section 108.75 of the General Not For Profit
9    Corporation Act of 1986 regarding indemnification of
10    officers, directors, employees, and agents;
11        (5) the Abused and Neglected Child Reporting Act;
12        (5.5) subsection (b) of Section 10-23.12 and
13    subsection (b) of Section 34-18.6 of this Code;
14        (6) the Illinois School Student Records Act;
15        (7) Section 10-17a of this Code regarding school
16    report cards;
17        (8) the P-20 Longitudinal Education Data System Act;
18        (9) Section 27-23.7 of this Code regarding bullying
19    prevention;
20        (10) Section 2-3.162 of this Code regarding student
21    discipline reporting;
22        (11) Sections 22-80 and 27-8.1 of this Code;
23        (12) Sections 10-20.60 and 34-18.53 of this Code;
24        (13) Sections 10-20.63 and 34-18.56 of this Code;
25        (14) Section 26-18 of this Code;
26        (15) Section 22-30 of this Code;

 

 

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1        (16) Sections 24-12 and 34-85 of this Code;
2        (17) the Seizure Smart School Act; and
3        (18) Section 2-3.64a-10 of this Code; .
4        (19) Section 27-9.1a of this Code;
5        (20) Section 27-9.1b of this Code; and
6        (21) 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; 101-654, eff.
23-8-21.)
 
3    (105 ILCS 5/34-18.8)  (from Ch. 122, par. 34-18.8)
4    Sec. 34-18.8. HIV AIDS training. School guidance
5counselors, nurses, teachers, school social workers, and other
6school personnel who work with students shall pupils may be
7trained to have a basic knowledge of matters relating to human
8immunodeficiency virus (HIV) acquired immunodeficiency
9syndrome (AIDS), including the nature of the infection
10disease, its causes and effects, the means of detecting it and
11preventing its transmission, the availability of appropriate
12sources of counseling and referral, and any other medically
13accurate information that is age and developmentally
14appropriate for may be appropriate considering the age and
15grade level of such students pupils. The Board of Education
16shall supervise such training. The State Board of Education
17and the Department of Public Health shall jointly develop
18standards for such training.
19(Source: P.A. 86-900.)
 
20    (105 ILCS 5/27-9.1 rep.)
21    (105 ILCS 5/27-9.2 rep.)
22    (105 ILCS 5/27-11 rep.)
23    Section 10. The School Code is amended by repealing
24Sections 27-9.1, 27-9.2, and 27-11.
 

 

 

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1    Section 15. The Critical Health Problems and Comprehensive
2Health Education Act is amended by changing Section 3 as
3follows:
 
4    (105 ILCS 110/3)
5    Sec. 3. Comprehensive Health Education Program. The
6program established under this Act shall include, but not be
7limited to, the following major educational areas as a basis
8for curricula in all elementary and secondary schools in this
9State: human ecology and health, human growth and development,
10the emotional, psychological, physiological, hygienic, and
11social responsibilities of family life, culturally,
12developmentally, and age-appropriate, medically accurate, and
13evidence-based or evidence-informed information regarding
14including sexual abstinence until marriage, prevention and
15control of disease, including instruction in grades 6 through
1612 on the prevention, transmission, and treatment of sexually
17transmitted infections, including HIV/AIDS spread of AIDS,
18age-appropriate sexual abuse and assault awareness and
19prevention education in grades pre-kindergarten through 12,
20public and environmental health, consumer health, safety
21education and disaster survival, mental health and illness,
22personal health habits, alcohol and , drug use, and abuse,
23including the medical and legal ramifications of alcohol,
24drug, and tobacco use, abuse during pregnancy, evidence-based

 

 

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1and medically accurate information regarding sexual
2abstinence, tobacco, nutrition, and dental health. The
3instruction on mental health and illness must evaluate the
4multiple dimensions of health by reviewing the relationship
5between physical and mental health so as to enhance student
6understanding, attitudes, and behaviors that promote health,
7well-being, and human dignity. The program shall also provide
8course material and instruction to advise students pupils of
9the Abandoned Newborn Infant Protection Act. The program shall
10include medically accurate information about cancer,
11including, without limitation, types of cancer, signs and
12symptoms, risk factors, the importance of early prevention and
13detection, and information on where to go for help.
14Notwithstanding the above educational areas, the following
15areas may also be included as a basis for curricula in all
16elementary and secondary schools in this State: basic first
17aid (including, but not limited to, cardiopulmonary
18resuscitation and the Heimlich maneuver), heart disease,
19diabetes, stroke, the prevention of child abuse, neglect, and
20suicide, and teen dating violence in grades 7 through 12.
21Beginning with the 2014-2015 school year, training on how to
22properly administer cardiopulmonary resuscitation (which
23training must be in accordance with standards of the American
24Red Cross, the American Heart Association, or another
25nationally recognized certifying organization) and how to use
26an automated external defibrillator shall be included as a

 

 

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1basis for curricula in all secondary schools in this State.
2    The school board of each public elementary and secondary
3school in the State shall encourage all teachers and other
4school personnel to acquire, develop, and maintain the
5knowledge and skills necessary to properly administer
6life-saving techniques, including, without limitation, the
7Heimlich maneuver and rescue breathing. The training shall be
8in accordance with standards of the American Red Cross, the
9American Heart Association, or another nationally recognized
10certifying organization. A school board may use the services
11of non-governmental entities whose personnel have expertise in
12life-saving techniques to instruct teachers and other school
13personnel in these techniques. Each school board is encouraged
14to have in its employ, or on its volunteer staff, at least one
15person who is certified, by the American Red Cross or by
16another qualified certifying agency, as qualified to
17administer first aid and cardiopulmonary resuscitation. In
18addition, each school board is authorized to allocate
19appropriate portions of its institute or inservice days to
20conduct training programs for teachers and other school
21personnel who have expressed an interest in becoming qualified
22to administer emergency first aid or cardiopulmonary
23resuscitation. School boards are urged to encourage their
24teachers and other school personnel who coach school athletic
25programs and other extracurricular school activities to
26acquire, develop, and maintain the knowledge and skills

 

 

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1necessary to properly administer first aid and cardiopulmonary
2resuscitation in accordance with standards and requirements
3established by the American Red Cross or another qualified
4certifying agency. Subject to appropriation, the State Board
5of Education shall establish and administer a matching grant
6program to pay for half of the cost that a school district
7incurs in training those teachers and other school personnel
8who express an interest in becoming qualified to administer
9cardiopulmonary resuscitation (which training must be in
10accordance with standards of the American Red Cross, the
11American Heart Association, or another nationally recognized
12certifying organization) or in learning how to use an
13automated external defibrillator. A school district that
14applies for a grant must demonstrate that it has funds to pay
15half of the cost of the training for which matching grant money
16is sought. The State Board of Education shall award the grants
17on a first-come, first-serve basis.
18    No student pupil shall be required to take or participate
19in any class or course on HIV/AIDS AIDS or family life
20instruction or to receive training on how to properly
21administer cardiopulmonary resuscitation or how to use an
22automated external defibrillator if the student's his or her
23parent or guardian submits written objection thereto, and
24refusal to take or participate in the course or program or the
25training shall not be reason for suspension or expulsion of
26the student pupil.

 

 

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1    Curricula developed under programs established in
2accordance with this Act in the major educational area of
3alcohol and drug use and abuse shall include classroom
4instruction in grades 5 through 12. The instruction, which
5shall include matters relating to both the physical and legal
6effects and ramifications of drug and substance abuse, shall
7be integrated into existing curricula; and the State Board of
8Education shall develop and make available to all elementary
9and secondary schools in this State instructional materials
10and guidelines which will assist the schools in incorporating
11the instruction into their existing curricula. In addition,
12school districts may offer, as part of existing curricula
13during the school day or as part of an after school program,
14support services and instruction for students pupils or
15students pupils whose parent, parents, or guardians are
16chemically dependent.
17(Source: P.A. 101-305, eff. 1-1-20; revised 8-21-20.)
 
18    Section 99. Effective date. This Act takes effect upon
19becoming law.".