(105 ILCS 5/27-9.1a) Sec. 27-9.1a. Comprehensive personal health and safety and comprehensive sexual health education. (a) In this Section: "Adapt" means to modify an evidence-based or evidence-informed program model for use with a particular demographic, ethnic, linguistic, or cultural group. "Age and developmentally appropriate" means suitable to particular ages or age groups of children and adolescents, based on the developing cognitive, emotional, and behavioral capacity typical for the age or age group. "Characteristics of effective programs" includes development, content, and implementation of such programs that (i) have been shown to be effective in terms of increasing knowledge, clarifying values and attitudes, increasing skills, and impacting behavior, (ii) are widely recognized by leading medical and public health agencies to be effective in changing sexual behaviors that lead to sexually transmitted infections, including HIV, unintended pregnancy, interpersonal violence, and sexual violence among young people, and (iii) are taught by professionals who provide a safe learning space, free from shame, stigma, and ideology and are trained in trauma-informed teaching methodologies. "Complete" means information that aligns with the National Sex Education Standards, including information on consent and healthy relationships, anatomy and physiology, puberty and adolescent sexual development, gender identity and expression, sexual orientation and identity, sexual health, and interpersonal violence. "Comprehensive personal health and safety education" means age and developmentally appropriate education that aligns with the National Sex Education Standards, including information on consent and healthy relationships, anatomy and physiology, puberty and adolescent sexual development, gender identity and expression, sexual orientation and identity, sexual health, and interpersonal violence. "Comprehensive sexual health education" means age and developmentally appropriate education that aligns with the National Sex Education Standards, including information on consent and healthy relationships, anatomy and physiology, puberty and adolescent sexual development, gender identity and expression, sexual orientation and identity, sexual health, and interpersonal violence. "Consent" means an affirmative, knowing, conscious, ongoing, and voluntary agreement to engage in interpersonal, physical, or sexual activity, which can be revoked at any point, including during the course of interpersonal, physical, or sexual activity. "Culturally appropriate" means affirming culturally diverse individuals, families, and communities in an inclusive, respectful, and effective manner, including materials and instruction that are inclusive of race, ethnicity, language, cultural background, immigration status, religion, disability, gender, gender identity, gender expression, sexual orientation, and sexual behavior. "Evidence-based program" means a program for which systematic, empirical research or evaluation has provided evidence of effectiveness. "Evidence-informed program" means a program that uses the best available research and practice knowledge to guide program design and implementation. "Gender stereotype" means a generalized view or preconception about what attributes, characteristics, or roles are or ought to be taught, possessed by, or performed by people based on their gender identity. "Healthy relationships" means relationships between individuals that consist of mutual respect, trust, honesty, support, fairness, equity, separate identities, physical and emotional safety, and good communication. "Identity" means people's understanding of how they identify their sexual orientation, gender, gender identity, or gender expression without stereotypes, shame, or stigma. "Inclusive" means inclusion of marginalized communities that include, but are not limited to, people of color, immigrants, people of diverse sexual orientations, gender identities, and gender expressions, people who are intersex, people with disabilities, people who have experienced interpersonal or sexual violence, and others. "Interpersonal violence" means violent behavior used to establish power and control over another person. "Medically accurate" means verified or supported by the weight of research conducted in compliance with accepted scientific methods and published in peer-reviewed journals, if applicable, or comprising information recognized as accurate and objective. "Pre-exposure Prophylaxis (PrEP)" means medications approved by the federal Food and Drug Administration (FDA) and recommended by the United States Public Health Service or the federal Centers for Disease Control and Prevention for HIV pre-exposure prophylaxis and related pre-exposure prophylaxis services, including, but not limited to, HIV and sexually transmitted infection screening, treatment for sexually transmitted infections, medical monitoring, laboratory services, and sexual health counseling, to reduce the likelihood of HIV infection for individuals who are not living with HIV but are vulnerable to HIV exposure. "Post-exposure Prophylaxis (PeP)" means the medications that are recommended by the federal Centers for Disease Control and Prevention and other public health authorities to help prevent HIV infection after potential occupational or non-occupational HIV exposure. "Sexual violence" means discrimination, bullying, harassment, including sexual harassment, sexual abuse, sexual assault, intimate partner violence, incest, rape, and human trafficking. "Trauma informed" means to address vital information about sexuality and well-being that takes into consideration how adverse life experiences may potentially influence a person's well-being and decision making. (b) All classes that teach comprehensive personal health and safety and comprehensive sexual health education shall satisfy the following criteria: (1) Course material and instruction shall be age and |
| developmentally appropriate, medically accurate, complete, culturally appropriate, inclusive, and trauma informed.
|
|
(2) Course material and instruction shall replicate
|
| evidence-based or evidence-informed programs or substantially incorporate elements of evidence-based programs or evidence-informed programs or characteristics of effective programs.
|
|
(3) Course material and instruction shall be
|
| inclusive and sensitive to the needs of students based on their status as pregnant or parenting, living with STIs, including HIV, sexually active, asexual, or intersex or based on their gender, gender identity, gender expression, sexual orientation, sexual behavior, or disability.
|
|
(4) Course material and instruction shall be
|
| accessible to students with disabilities, which may include the use of a modified curriculum, materials, instruction in alternative formats, assistive technology, and auxiliary aids.
|
|
(5) Course material and instruction shall help
|
| students develop self-advocacy skills for effective communication with parents or guardians, health and social service professionals, other trusted adults, and peers about sexual health and relationships.
|
|
(6) Course material and instruction shall provide
|
| information to help students develop skills for developing healthy relationships and preventing and dealing with interpersonal violence and sexual violence.
|
|
(7) Course material and instruction shall provide
|
| information to help students safely use the Internet, including social media, dating or relationship websites or applications, and texting.
|
|
(8) Course material and instruction shall provide
|
| information about local resources where students can obtain additional information and confidential services related to parenting, bullying, interpersonal violence, sexual violence, suicide prevention, sexual and reproductive health, mental health, substance abuse, sexual orientation, gender identity, gender expression, and other related issues.
|
|
(9) Course material and instruction shall include
|
| information about State laws related to minor confidentiality and minor consent, including exceptions, consent education, mandated reporting of child abuse and neglect, the safe relinquishment of a newborn child, minors' access to confidential health care and related services, school policies addressing the prevention of and response to interpersonal and sexual violence, school breastfeeding accommodations, and school policies addressing the prevention of and response to sexual harassment.
|
|
(10) Course material and instruction may not reflect
|
| or promote bias against any person on the basis of the person's race, ethnicity, language, cultural background, citizenship, religion, HIV status, family structure, disability, gender, gender identity, gender expression, sexual orientation, or sexual behavior.
|
|
(11) Course material and instruction may not employ
|
|
(12) Course material and instruction shall be
|
| inclusive of and may not be insensitive or unresponsive to the needs of survivors of interpersonal violence and sexual violence.
|
|
(13) Course material and instruction may not
|
| proselytize any religious doctrine.
|
|
(14) Course material and instruction may not
|
| deliberately withhold health-promoting or life-saving information about culturally appropriate health care and services, including reproductive health services, hormone therapy, and FDA-approved treatments and options, including, but not limited to, Pre-exposure Prophylaxis (PrEP) and Post-exposure Prophylaxis (PeP).
|
|
(15) Course material and instruction may not be
|
| inconsistent with the ethical imperatives of medicine and public health.
|
|
(c) A school may utilize guest lecturers or resource persons to provide instruction or presentations in accordance with Section 10-22.34b. Comprehensive personal health and safety and comprehensive sexual health education instruction and materials provided by guest lecturers or resource persons may not conflict with the provisions of this Section.
(d) No student shall be required to take or participate in any class or course in comprehensive personal health and safety and comprehensive sexual health education. A student's parent or guardian may opt the student out of comprehensive personal health and safety and comprehensive sexual health education by submitting the request in writing. Refusal to take or participate in such a course or program may not be a reason for disciplinary action, academic penalty, suspension, or expulsion or any other sanction of a student. A school district may not require active parental consent for comprehensive personal health and safety and comprehensive sexual health education.
(e) An opportunity shall be afforded to individuals, including parents or guardians, to review the scope and sequence of instructional materials to be used in a class or course under this Section, either electronically or in person. A school district shall annually post, on its Internet website if one exists, which curriculum is used to provide comprehensive personal health and safety and comprehensive sexual health education and the name and contact information, including an email address, of school personnel who can respond to inquiries about instruction and materials.
(f) On or before August 1, 2022, the State Board of Education, in consultation with youth, parents, sexual health and violence prevention experts, health care providers, advocates, and education practitioners, including, but not limited to, administrators, regional superintendents of schools, teachers, and school support personnel, shall develop and adopt rigorous learning standards in the area of comprehensive personal health and safety education for pupils in kindergarten through the 5th grade and comprehensive sexual health education for pupils in the 6th through 12th grades, including, but not limited to, all of the National Sex Education Standards, including information on consent and healthy relationships, anatomy and physiology, puberty and adolescent sexual development, gender identity and expression, sexual orientation and identity, sexual health, and interpersonal violence, as authored by the Future of Sex Education Initiative. As the National Sex Education Standards are updated, the State Board of Education shall update these learning standards.
(g) By no later than August 1, 2022, the State Board of Education shall make available resource materials developed in consultation with stakeholders, with the cooperation and input of experts that provide and entities that promote age and developmentally appropriate, medically accurate, complete, culturally appropriate, inclusive, and trauma-informed comprehensive personal health and safety and comprehensive sexual health education policy. Materials may include, without limitation, model comprehensive personal health and safety and comprehensive sexual health education resources and programs. The State Board of Education shall make these resource materials available on its Internet website, in a clearly identified and easily accessible place.
(h) Schools may choose and adapt the age and developmentally appropriate, medically accurate, complete, culturally appropriate, inclusive, and trauma-informed comprehensive personal health and safety and comprehensive sexual health education curriculum that meets the specific needs of their community. All instruction and materials, including materials provided or presented by outside consultants, community groups, or organizations, may not conflict with the provisions of this Section.
(i) The State Board of Education shall, through existing reporting mechanisms if available, direct each school district to identify the following:
(1) if instruction on comprehensive personal health
|
| and safety and comprehensive sexual health education is provided;
|
|
(2) whether the instruction was provided by a teacher
|
| in the school, a consultant, or a community group or organization and specify the name of the outside consultant, community group, or organization;
|
|
(3) the number of students receiving instruction;
(4) the number of students excused from instruction;
|
|
(5) the duration of instruction.
The State Board of Education shall report the results of this inquiry to the General Assembly annually, for a period of 5 years beginning one year after the effective date of this amendatory Act of the 102nd General Assembly.
(Source: P.A. 102-522, eff. 8-20-21.)
|
(105 ILCS 5/27-9.1b) Sec. 27-9.1b. Consent education. (a) In this Section: "Age and developmentally appropriate" has the meaning ascribed to that term in Section 27-9.1a. "Consent" has the meaning ascribed to that term in Section 27-9.1a. (b) A school district may provide age and developmentally appropriate consent education in kindergarten through the 12th grade. (1) In kindergarten through the 5th grade, |
| instruction and materials shall include age and developmentally appropriate instruction on consent and how to give and receive consent, including a discussion that includes, but is not limited to, all of the following:
|
|
(A) Setting appropriate physical boundaries with
|
|
(B) Respecting the physical boundaries of others.
(C) The right to refuse to engage in behaviors or
|
| activities that are uncomfortable or unsafe.
|
|
(D) Dealing with unwanted physical contact.
(E) Helping a peer deal with unwanted physical
|
|
(2) In the 6th through 12th grades, instruction and
|
| materials shall include age and developmentally appropriate instruction on consent and how to give and receive consent, including a discussion that includes, but is not limited to, all of the following:
|
|
(A) That consent is a freely given agreement to
|
|
(B) That consent to one particular sexual
|
| activity does not constitute consent to other types of sexual activities.
|
|
(C) That a person's lack of verbal or physical
|
| resistance or submission resulting from the use or threat of force does not constitute consent.
|
|
(D) That a person's manner of dress does not
|
|
(E) That a person's consent to past sexual
|
| activity does not constitute consent to future sexual activity.
|
|
(F) That a person's consent to engage in sexual
|
| activity with one person does not constitute consent to engage in sexual activity with another person.
|
|
(G) That a person can withdraw consent at any
|
|
(H) That a person cannot consent to sexual
|
| activity if that person is unable to understand the nature of the activity or give knowing consent due to certain circumstances that include, but are not limited to:
|
|
(i) the person is incapacitated due to the
|
| use or influence of alcohol or drugs;
|
|
(ii) the person is asleep or unconscious;
(iii) the person is a minor; or
(iv) the person is incapacitated due to a
|
|
(I) The legal age of consent in this State.
(Source: P.A. 102-522, eff. 8-20-21.)
|
(105 ILCS 5/27-13.2) (from Ch. 122, par. 27-13.2)
Sec. 27-13.2. Required instruction. (a) In every public school there
shall be instruction, study, and discussion of effective methods by which
pupils may recognize the danger of and avoid abduction, and in every
public school maintaining any of grades kindergarten through 8, there shall
be, for such grades, instruction, study, and discussion of effective
methods for the prevention and avoidance of drugs and the dangers of opioid and substance abuse.
School boards may
include such required instruction, study, and discussion in the courses of
study regularly taught in the public schools of their respective districts;
provided, however, that such instruction shall be given each year to all
pupils in grades kindergarten through 8. The State Superintendent of
Education may prepare and make available to all public and non-public
schools instructional materials which may be used by such schools
as guidelines for development of a program of instruction
under this subsection (a); provided, however, that each school board shall
itself determine the minimum amount of instruction time which shall qualify
as a program of instruction
which will
satisfy the requirements of this subsection (a).
The State Superintendent of Education, in cooperation with the
Department of Children and Family Services, shall prepare and disseminate
to all public schools and non-public schools, information on instructional
materials and programs about child sexual abuse which may be used by such
schools for their own or community programs. Such information may also be
disseminated by such schools to parents.
(b) Notwithstanding subsection (a) of this Section, no pupil in
any of grades kindergarten through 8 shall be required to take or
participate in any class or course providing instruction in recognizing and
avoiding sexual abuse if the parent or guardian of the pupil submits
written objection thereto; and refusal to take or participate in such class
or course after such written objection is made shall not be reason for
failing, suspending or expelling such pupil. Each school board intending
to offer any such class or course to pupils in any of grades kindergarten
through 8 shall give not less than 5 days written notice to the parents or
guardians of such pupils before commencing the class or course.
(c) Beginning with the 2024-2025 school year, in every State-required health course for grades 9 through 12,
a school district shall provide instruction, study, and discussion on the dangers of fentanyl.
Information for the instruction, study, and discussion of fentanyl shall come
from information provided by the National Institutes of Health, the United States Drug
Enforcement Administration, or the United States Department of Health and Human
Services. This instruction, study, and discussion shall include, at a
minimum, all of the following: (1) Information on fentanyl itself, including an |
| explanation of the differences between synthetic and nonsynthetic opioids and illicit drugs, the variations of fentanyl itself, and the differences between the legal and illegal uses of fentanyl.
|
|
(2) The side effects and the risk factors of using
|
| fentanyl, along with information comparing the lethal amounts of fentanyl to other drugs. Information on the risk factors may include, but is not limited to:
|
|
(A) the lethal dose of fentanyl;
(B) how often fentanyl is placed in drugs
|
| without a person's knowledge;
|
|
(C) an explanation of what fentanyl does to a
|
| person's body and the severity of fentanyl's addictive properties; and
|
|
(D) how the consumption of fentanyl can lead to
|
| hypoxia, as well as an explanation of what hypoxia precisely does to a person's body.
|
|
(3) Details about the process of lacing fentanyl in
|
| other drugs and why drugs get laced with fentanyl.
|
|
(4) Details about how to detect fentanyl in drugs
|
| and how to save someone from an overdose of fentanyl, which shall include:
|
|
(A) how to buy and use fentanyl test strips;
(B) how to buy and use naloxone, either through
|
| a nasal spray or an injection; and
|
|
(C) how to detect if someone is overdosing on
|
|
Students shall be assessed on the instruction required under this subsection (c). The assessment may include, but is not limited to:
(1) the differences between synthetic and
|
|
(2) hypoxia;
(3) the effects of fentanyl on a person's body;
(4) the lethal dose of fentanyl; and
(5) how to detect and prevent overdoses.
The instruction required under this subsection (c) shall be taught by a licensed educator, school
nurse, or school counselor.
(Source: P.A. 102-195, eff. 7-30-21; 103-365, eff. 1-1-24 .)
|
(105 ILCS 5/27-13.3)
Sec. 27-13.3. Internet safety education curriculum.
(a) The purpose of this Section is to inform and protect students from inappropriate or illegal communications and solicitation and to encourage school districts to provide education about Internet threats and risks, including without limitation child predators, fraud, and other dangers. (b) The General Assembly finds and declares the following: (1) it is the policy of this State to protect |
| consumers and Illinois residents from deceptive and unsafe communications that result in harassment, exploitation, or physical harm;
|
|
(2) children have easy access to the Internet at
|
| home, school, and public places;
|
|
(3) the Internet is used by sexual predators and
|
| other criminals to make initial contact with children and other vulnerable residents in Illinois; and
|
|
(4) education is an effective method for preventing
|
| children from falling prey to online predators, identity theft, and other dangers.
|
|
(c) Each school may adopt an age-appropriate curriculum for Internet safety instruction of students in grades kindergarten through 12. However, beginning with the 2009-2010 school year, a school district must incorporate into the school curriculum a component on Internet safety to be taught at least once each school year to students in grades 3 through 12. The school board shall determine the scope and duration of this unit of instruction. The age-appropriate unit of instruction may be incorporated into the current courses of study regularly taught in the district's schools, as determined by the school board, and it is recommended that the unit of instruction include the following topics:
(1) Safe and responsible use of social networking
|
| websites, chat rooms, electronic mail, bulletin boards, instant messaging, and other means of communication on the Internet.
|
|
(2) Recognizing, avoiding, and reporting online
|
| solicitations of students, their classmates, and their friends by sexual predators.
|
|
(3) Risks of transmitting personal information on the
|
|
(4) Recognizing and avoiding unsolicited or deceptive
|
| communications received online.
|
|
(5) Recognizing and reporting online harassment and
|
|
(6) Reporting illegal activities and communications
|
|
(7) Copyright laws on written materials, photographs,
|
|
(d) Curricula devised in accordance with subsection (c) of this Section may be submitted for review to the Office of the Illinois Attorney General.
(e) The State Board of Education shall make available resource materials for educating children regarding child online safety and may take into consideration the curriculum on this subject developed by other states, as well as any other curricular materials suggested by education experts, child psychologists, or technology companies that work on child online safety issues. Materials may include without limitation safe online communications, privacy protection, cyber-bullying, viewing inappropriate material, file sharing, and the importance of open communication with responsible adults. The State Board of Education shall make these resource materials available on its Internet website.
(Source: P.A. 95-509, eff. 8-28-07; 95-869, eff. 1-1-09; 96-734, eff. 8-25-09.)
|