State of Illinois
91st General Assembly
Legislation

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91_SB1485

 
                                               LRB9112661NTks

 1        AN ACT concerning education.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section  5.  The  School  Code  is  amended  by  changing
 5    Sections 27-9.1 and 27-9.2 as follows:

 6        (105 ILCS 5/27-9.1) (from Ch. 122, par. 27-9.1)
 7        Sec. 27-9.1.  Sex Education.
 8        (a) No pupil shall be required to take or participate  in
 9    any  class  or  course  in comprehensive sex education if his
10    parent or guardian submits  written  objection  thereto,  and
11    refusal  to  take  or  participate  in such course or program
12    shall not be reason  for  suspension  or  expulsion  of  such
13    pupil.  Each  class  or course in comprehensive sex education
14    offered  in  any  of  grades  6  through  12  shall   include
15    instruction  on  the  prevention,  transmission and spread of
16    AIDS.  Nothing  in  this  Section  prohibits  instruction  in
17    sanitation, hygiene or traditional courses in biology.
18        (b)  All public elementary, junior high, and senior  high
19    school  classes  that  teach sex education and discuss sexual
20    intercourse shall emphasize that abstinence is  the  expected
21    norm  in  that abstinence from sexual intercourse is the only
22    protection that is 100% effective  against  unwanted  teenage
23    pregnancy, sexually transmitted diseases, and acquired immune
24    deficiency syndrome (AIDS) when transmitted sexually.
25        (c)  In this subsection (c):
26        "Factual   information"   includes   without   limitation
27    medical,    psychiatric,    psychological,   empirical,   and
28    statistical statements.
29        "Medically  accurate"  means  verified  or  supported  by
30    research conducted in  compliance  with  scientific  methods,
31    published  in  peer-review  journals,  where appropriate, and
 
                            -2-                LRB9112661NTks
 1    recognized  as  accurate  and   objective   by   professional
 2    organizations  and  agencies  with  expertise in the relevant
 3    field,  such  as  the  Centers  for   Disease   Control   and
 4    Prevention.
 5        All sex education courses that discuss sexual intercourse
 6    shall satisfy the following criteria:
 7             (0.5)  Factual   information   presented  in  course
 8        material and instruction shall be medically accurate  and
 9        objective.
10             (1)  All  course  material  and instruction shall be
11        age appropriate.
12             (1.5)  Course material and instruction shall  stress
13        that  abstinence is the only contraceptive method that is
14        100%  effective   and   that   all   other   methods   of
15        contraception  carry  a  risk  of  failure  in preventing
16        unwanted teenage pregnancy.
17             (1.7)  Course material and instruction shall present
18        the latest medically factual information  regarding  both
19        the  possible  side  effects  and  health benefits of all
20        forms of contraception, including the success and failure
21        rates  for  the  prevention  of  pregnancy  and  sexually
22        transmitted diseases.
23             (2)  Course material  and  instruction  shall  teach
24        honor and respect for monogamous heterosexual marriage.
25             (3)  Course  material  and  instruction shall stress
26        that pupils should abstain from sexual intercourse  until
27        they are ready for marriage.
28             (4)  Course material and instruction shall include a
29        discussion  of  the  possible emotional and psychological
30        consequences  of  preadolescent  and  adolescent   sexual
31        intercourse  outside  of marriage and the consequences of
32        unwanted adolescent pregnancy.
33             (5)  Course material and  instruction  shall  stress
34        that  sexually  transmitted diseases are serious possible
 
                            -3-                LRB9112661NTks
 1        hazards of sexual intercourse. Pupils shall  be  provided
 2        with  statistics  based on the latest medical information
 3        citing the  failure  and  success  rates  of  condoms  in
 4        preventing AIDS and other sexually transmitted diseases.
 5             (6)  Course  material  and  instruction shall advise
 6        pupils  of  the  laws  pertaining  to   their   financial
 7        responsibility to children born in and out of wedlock.
 8             (7)  Course  material  and  instruction shall advise
 9        pupils that it is unlawful for males or  females  of  any
10        age  to engage in sexual conduct or have sexual relations
11        with a minor as specified in of the  circumstances  under
12        which  it  is unlawful for males to have sexual relations
13        with females under the age of 18 to  whom  they  are  not
14        married  pursuant  to  Article 12 of the Criminal Code of
15        1961, as now or hereafter amended.
16             (7.5)  Course   material   and   instruction   shall
17        emphasize  that  the  pupil  has  the  power  to  control
18        personal behavior. Pupils shall  be  encouraged  to  base
19        their  actions  on  reasoning,  self-discipline, sense of
20        responsibility, self-control, and ethical considerations,
21        such as respect for oneself and others.
22             (8)  Course material  and  instruction  shall  teach
23        pupils  to  not  make unwanted physical and verbal sexual
24        advances and how to say no to  unwanted  sexual  advances
25        and shall include information about verbal, physical, and
26        visual   sexual  assault,  including  without  limitation
27        nonconsensual  sexual  advances,  nonconsensual  physical
28        sexual contact, and rape  by  an  acquaintance,  commonly
29        referred  to  as  date  rape.  This  course  material and
30        instruction shall contain methods  of  preventing  sexual
31        assault  by  an  acquaintance,  including exercising good
32        judgment  and  avoiding  behavior   that   impairs   good
33        judgment,  and Pupils shall be taught that it is wrong to
34        take advantage of  or  to  exploit  another  person.  The
 
                            -4-                LRB9112661NTks
 1        material  and  instruction  shall also encourage youth to
 2        resist negative peer pressure. This course  material  and
 3        instruction  shall  inform  pupils of the potential legal
 4        consequences  of  sexual  assault  by  an   acquaintance.
 5        Specifically, pupils shall be advised that it is unlawful
 6        to  touch an intimate part of another person as specified
 7        in the Criminal Code of 1961.
 8             (9)  Course material  and  instruction  shall  teach
 9        pupils  that  it  is  wrong  to  take  advantage of or to
10        exploit another person.
11             (10)  Course material and instruction shall be  free
12        of racial, ethnic, and gender biases.
13        (d)  An  opportunity  shall  be  afforded  to  parents or
14    guardians to examine the instructional materials to  be  used
15    in such class or course.
16    (Source: P.A. 86-941.)

17        (105 ILCS 5/27-9.2) (from Ch. 122, par. 27-9.2)
18        Sec. 27-9.2.  Family Life.
19        (a)  If   any   school   district   provides  courses  of
20    instruction designed to promote wholesome  and  comprehensive
21    understanding of the emotional, psychological, physiological,
22    hygienic  and  social  responsibility aspects of family life,
23    then such courses of instruction shall include  the  teaching
24    of  the  alternatives to abortion, appropriate to the various
25    grade levels; and whenever such courses  of  instruction  are
26    provided  in  any  of  grades 6 through 12, then such courses
27    also   shall   include   instruction   on   the   prevention,
28    transmission and spread of AIDS. However, no pupil  shall  be
29    required  to  take or participate in any family life class or
30    course on AIDS instruction if his parent or guardian  submits
31    written objection thereto, and refusal to take or participate
32    in  such course or program shall not be reason for suspension
33    or expulsion of such pupil.
 
                            -5-                LRB9112661NTks
 1        (b)  In this subsection (b):
 2        "Factual   information"   includes   without   limitation
 3    medical,   psychiatric,   psychological,    empirical,    and
 4    statistical statements.
 5        "Medically  accurate"  means  verified  or  supported  by
 6    research  conducted  in  compliance  with scientific methods,
 7    published in peer-review  journals,  where  appropriate,  and
 8    recognized   as   accurate   and  objective  by  professional
 9    organizations and agencies with  expertise  in  the  relevant
10    field,   such   as   the  Centers  for  Disease  Control  and
11    Prevention.
12        All family life courses of instruction shall satisfy  the
13    following criteria:
14             (1)  Factual   information   presented   in   course
15        material  and instruction shall be medically accurate and
16        objective.
17             (2)  All course material and instruction in  classes
18        that  teach  sex education and discuss sexual intercourse
19        shall be age appropriate.
20             (3)  Course material and  instruction  shall  stress
21        that  abstinence is the only contraceptive method that is
22        100%  effective   and   that   all   other   methods   of
23        contraception  carry  a  risk  of  failure  in preventing
24        unwanted teenage pregnancy.
25             (4)  Course material and instruction  shall  present
26        the  latest  medically factual information regarding both
27        the possible side effects  and  health  benefits  of  all
28        forms of contraception, including the success and failure
29        rates  for  the  prevention  of  pregnancy  and  sexually
30        transmitted diseases.
31             (5)  Course  material  and  instruction shall stress
32        that sexually transmitted diseases are  serious  possible
33        hazards  of  sexual intercourse. Pupils shall be provided
34        with statistics based on the latest  medical  information
 
                            -6-                LRB9112661NTks
 1        citing  the  failure  and  success  rates  of  condoms in
 2        preventing AIDS and other sexually transmitted diseases.
 3             (6)  Course material and instruction shall include a
 4        discussion of the possible  emotional  and  psychological
 5        consequences   of  preadolescent  and  adolescent  sexual
 6        intercourse outside of marriage and the  consequences  of
 7        unwanted adolescent pregnancy.
 8             (7)  Course  material  and  instruction shall stress
 9        that pupils should abstain from sexual intercourse  until
10        they are ready for marriage.
11             (8)  Course  material  and  instruction  shall teach
12        honor and respect for monogamous heterosexual marriage.
13             (9)  Course material and  instruction  shall  advise
14        pupils   of   the  laws  pertaining  to  their  financial
15        responsibility to children born in and out of wedlock.
16             (10)  Course material and instruction  shall  advise
17        pupils  that  it  is unlawful for males or females of any
18        age to engage in sexual conduct or have sexual  relations
19        with  a  minor as specified in Article 12 of the Criminal
20        Code of 1961.
21             (11)  Course   material   and   instruction    shall
22        emphasize  that  the  pupil  has  the  power  to  control
23        personal  behavior.   Pupils  shall be encouraged to base
24        their actions on  reasoning,  self-discipline,  sense  of
25        responsibility, self-control, and ethical considerations,
26        such as respect for oneself and others.
27             (12)  Course  material  and  instruction shall teach
28        pupils to not make unwanted physical  and  verbal  sexual
29        advances  and  how  to say no to unwanted sexual advances
30        and shall include information about verbal, physical, and
31        visual  sexual  assault,  including  without   limitation
32        nonconsensual  sexual  advances,  nonconsensual  physical
33        sexual  contact,  and  rape  by an acquaintance, commonly
34        referred to as  date  rape.   This  course  material  and
 
                            -7-                LRB9112661NTks
 1        instruction  shall  contain  methods of preventing sexual
 2        assault by an  acquaintance,  including  exercising  good
 3        judgment   and   avoiding   behavior  that  impairs  good
 4        judgment,  and  shall  also  encourage  youth  to  resist
 5        negative  peer  pressure.  This   course   material   and
 6        instruction  shall  inform  pupils of the potential legal
 7        consequences  of  sexual  assault  by  an   acquaintance.
 8        Specifically, pupils shall be advised that it is unlawful
 9        to touch an intimate part of another person, as specified
10        in the Criminal Code of 1961.
11             (13)  Course  material  and  instruction  in classes
12        that discuss sexual intercourse shall teach  pupils  that
13        it  is  wrong  to take advantage of or to exploit another
14        person.
15             (14)  Course material and instruction shall be  free
16        of racial, ethnic, and gender biases.
17        (c)  The  State Superintendent of Education shall prepare
18    and make available  to  local  school  districts  courses  of
19    instruction  designed  to  satisfy  the  requirements of this
20    Section.
21        The State Superintendent of  Education  shall  develop  a
22    procedure  for  evaluating and measuring the effectiveness of
23    the family life courses of instruction in each  local  school
24    district,  including  the  setting  of  reasonable  goals for
25    reduced sexual activity, sexually  transmitted  diseases  and
26    premarital pregnancy. The goals shall be set by the beginning
27    of  the  1991-92  school year. The State Superintendent shall
28    distribute a copy of  the  procedure  to  each  local  school
29    district.  Each  local school district may develop additional
30    procedures or methods for measuring the effectiveness of  the
31    family  life  courses  of  instruction  within  the district.
32    Before the beginning of the 1993-94 school  year,  the  State
33    Superintendent  shall  collect and evaluate all relevant data
34    to determine whether the goals are being achieved.
 
                            -8-                LRB9112661NTks
 1    (Source: P.A. 86-941.)

 2        Section  10.     The   Critical   Health   Problems   and
 3    Comprehensive  Health  Education  Act  is amended by changing
 4    Sections 2 and 3 as follows:

 5        (105 ILCS 110/2) (from Ch. 122, par. 862)
 6        Sec. 2.  Definitions.  In this Act, the  following  terms
 7    shall have the following meanings respectively prescribed for
 8    them, except as the context otherwise requires:
 9        (a)  "Comprehensive    Health   Education   Program":   a
10    systematic and  extensive  educational  program  designed  to
11    provide   a   variety  of  learning  experiences  based  upon
12    scientific knowledge of the human organism  as  it  functions
13    within  its  environment  which  will favorably influence the
14    knowledge, attitudes, values and practices of Illinois school
15    youth; and which  will  aid  them  in  making  wise  personal
16    decisions in matters of health.
17        "Factual   information"   includes   without   limitation
18    medical,    psychiatric,    psychological,   empirical,   and
19    statistical statements.
20        "Medically  accurate"  means  verified  or  supported  by
21    research conducted in  compliance  with  scientific  methods,
22    published  in  peer-review  journals,  where appropriate, and
23    recognized  as  accurate  and   objective   by   professional
24    organizations  and  agencies  with  expertise in the relevant
25    field,  such  as  the  Centers  for   Disease   Control   and
26    Prevention.
27    (Source: P.A. 77-1405.)

28        (105 ILCS 110/3) (from Ch. 122, par. 863)
29        Sec. 3.  Comprehensive Health Education Program.
30        (a)  The   program   established  under  this  Act  shall
31    include,  but  not  be  limited  to,  the   following   major
 
                            -9-                LRB9112661NTks
 1    educational  areas as a basis for curricula in all elementary
 2    and secondary  schools  in  this  State:  human  ecology  and
 3    health,   human   growth   and  development,  the  emotional,
 4    psychological,    physiological,    hygienic    and    social
 5    responsibilities of family life, including sexual  abstinence
 6    until  marriage, prevention and control of disease, including
 7    instruction  in  grades  6  through  12  on  the  prevention,
 8    transmission and spread of  AIDS,  public  and  environmental
 9    health,   consumer  health,  safety  education  and  disaster
10    survival, mental health and illness, personal health  habits,
11    alcohol,  drug use, and abuse including the medical and legal
12    ramifications of alcohol, drug, and tobacco use, abuse during
13    pregnancy,  sexual  abstinence   until   marriage,   tobacco,
14    nutrition, and dental health.
15        (b)  All    comprehensive   health   education   programs
16    established  under  this  Act  shall  satisfy  the  following
17    criteria:
18             (1)  Factual   information   presented   in   course
19        material and instruction shall be medically accurate  and
20        objective.
21             (2)  All  course material and instruction in classes
22        that teach sex education and discuss  sexual  intercourse
23        shall be age appropriate.
24             (3)  Course  material  and  instruction shall stress
25        that abstinence is the only contraceptive method that  is
26        100%   effective   and   that   all   other   methods  of
27        contraception carry  a  risk  of  failure  in  preventing
28        unwanted teenage pregnancy.
29             (4)  Course  material  and instruction shall present
30        the latest medically factual information  regarding  both
31        the  possible  side  effects  and  health benefits of all
32        forms of contraception, including the success and failure
33        rates  for  the  prevention  of  pregnancy  and  sexually
34        transmitted diseases.
 
                            -10-               LRB9112661NTks
 1             (5)  Course material and  instruction  shall  stress
 2        that  sexually  transmitted diseases are serious possible
 3        hazards of sexual intercourse. Pupils shall  be  provided
 4        with  statistics  based on the latest medical information
 5        citing the  failure  and  success  rates  of  condoms  in
 6        preventing AIDS and other sexually transmitted diseases.
 7             (6)  Course material and instruction shall include a
 8        discussion  of  the  possible emotional and psychological
 9        consequences  of  preadolescent  and  adolescent   sexual
10        intercourse  outside  of marriage and the consequences of
11        unwanted adolescent pregnancy.
12             (7)  Course material and  instruction  shall  stress
13        that  pupils should abstain from sexual intercourse until
14        they are ready for marriage.
15             (8)  Course material  and  instruction  shall  teach
16        honor and respect for monogamous heterosexual marriage.
17             (9)  Course  material  and  instruction shall advise
18        pupils  of  the  laws  pertaining  to   their   financial
19        responsibility to children born in and out of wedlock.
20             (10)  Course  material  and instruction shall advise
21        pupils that it is unlawful for males or  females  of  any
22        age  to engage in sexual conduct or have sexual relations
23        with a minor as specified in Article 12 of  the  Criminal
24        Code of 1961.
25             (11)  Course    material   and   instruction   shall
26        emphasize  that  the  pupil  has  the  power  to  control
27        personal behavior.  Pupils shall be  encouraged  to  base
28        their  actions  on  reasoning,  self-discipline, sense of
29        responsibility, self-control, and ethical considerations,
30        such as respect for oneself and others.
31             (12)  Course material and  instruction  shall  teach
32        pupils  to  not  make unwanted physical and verbal sexual
33        advances and how to say no to  unwanted  sexual  advances
34        and shall include information about verbal, physical, and
 
                            -11-               LRB9112661NTks
 1        visual   sexual  assault,  including  without  limitation
 2        nonconsensual  sexual  advances,  nonconsensual  physical
 3        sexual contact, and rape  by  an  acquaintance,  commonly
 4        referred  to  as  date  rape.   This  course material and
 5        instruction shall contain methods  of  preventing  sexual
 6        assault  by  an  acquaintance,  including exercising good
 7        judgment  and  avoiding  behavior   that   impairs   good
 8        judgment,  and  shall  also  encourage  youth  to  resist
 9        negative   peer   pressure.   This  course  material  and
10        instruction shall inform pupils of  the  potential  legal
11        consequences   of  sexual  assault  by  an  acquaintance.
12        Specifically, pupils shall be advised that it is unlawful
13        to touch an intimate part of another person as  specified
14        in the Criminal Code of 1961.
15             (13)  Course  material  and  instruction  in classes
16        that discuss sexual intercourse shall teach  pupils  that
17        it  is  wrong  to take advantage of or to exploit another
18        person.
19             (14)  Course material and instruction shall be  free
20        of racial, ethnic, and gender biases.
21        (c)  Notwithstanding  the  above  educational  areas, the
22    following areas may also be included as a basis for curricula
23    in all elementary and secondary schools in this State:  basic
24    first  aid  (including,  but  not limited to, cardiopulmonary
25    resuscitation and the Heimlich  maneuver),  early  prevention
26    and detection of cancer, heart disease, diabetes, stroke, and
27    the  prevention  of  child  abuse,  neglect, and suicide. The
28    school board of each public elementary and  secondary  school
29    in  the  State is encouraged to have in its employ, or on its
30    volunteer staff, at least one person who is certified, by the
31    American Red Cross or by another qualified certifying agency,
32    as qualified to  administer  first  aid  and  cardiopulmonary
33    resuscitation.   In addition, each school board is authorized
34    to  allocate  appropriate  portions  of  its   institute   or
 
                            -12-               LRB9112661NTks
 1    inservice  days to conduct training programs for teachers and
 2    other school personnel who  have  expressed  an  interest  in
 3    becoming  qualified  to  administer  emergency  first  aid or
 4    cardiopulmonary resuscitation.  School boards  are  urged  to
 5    encourage their teachers and other school personnel who coach
 6    school  athletic  programs  and  other extracurricular school
 7    activities to acquire, develop, and  maintain  the  knowledge
 8    and  skills  necessary  to  properly administer first aid and
 9    cardiopulmonary resuscitation in  accordance  with  standards
10    and  requirements  established  by  the American Red Cross or
11    another qualified certifying agency.
12        (d)  No pupil shall be required to take or participate in
13    any class or course on AIDS or family life instruction if his
14    parent or guardian submits  written  objection  thereto,  and
15    refusal to take or participate in the course or program shall
16    not be reason for suspension or expulsion of the pupil.
17        (e)  Curricula  developed  under  programs established in
18    accordance with this Act in the  major  educational  area  of
19    alcohol  and  drug  use  and  abuse  shall  include classroom
20    instruction in grades 5 through 12.  The  instruction,  which
21    shall include matters relating to both the physical and legal
22    effects  and ramifications of drug and substance abuse, shall
23    be integrated into existing curricula; and the State Board of
24    Education shall develop and make available to all  elementary
25    and  secondary  schools in this State instructional materials
26    and guidelines which will assist the schools in incorporating
27    the instruction into their existing curricula.  In  addition,
28    school  districts  may  offer,  as part of existing curricula
29    during the school day or as part of an after school  program,
30    support  services  and instruction for pupils or pupils whose
31    parent, parents, or guardians are chemically dependent.
32    (Source: P.A. 90-566, eff. 1-2-98.)

33        Section 99.  Effective date.  This Act takes effect  upon
 
                            -13-               LRB9112661NTks
 1    becoming law.

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