Public Act 094-0933
 
SB2455 Enrolled LRB094 18802 NHT 54210 b

    AN ACT concerning education.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The School Code is amended by changing Section
27-9.1 as follows:
 
    (105 ILCS 5/27-9.1)  (from Ch. 122, par. 27-9.1)
    Sec. 27-9.1. Sex Education.
    (a) No pupil shall be required to take or participate in
any class or course in comprehensive sex education if his
parent or guardian submits written objection thereto, and
refusal to take or participate in such course or program shall
not be reason for suspension or expulsion of such pupil. Each
class or course in comprehensive sex education offered in any
of grades 6 through 12 shall include instruction on the
prevention, transmission and spread of AIDS. Nothing in this
Section prohibits instruction in sanitation, hygiene or
traditional courses in biology.
    (b) All public elementary, junior high, and senior high
school classes that teach sex education and discuss sexual
intercourse shall emphasize that abstinence is the expected
norm in that abstinence from sexual intercourse is the only
protection that is 100% effective against unwanted teenage
pregnancy, sexually transmitted diseases, and acquired immune
deficiency syndrome (AIDS) when transmitted sexually.
    (c) All sex education courses that discuss sexual
intercourse shall satisfy the following criteria:
        (1) Course material and instruction shall be age
    appropriate.
        (2) Course material and instruction shall teach honor
    and respect for monogamous heterosexual marriage.
        (3) Course material and instruction shall stress that
    pupils should abstain from sexual intercourse until they
    are ready for marriage.
        (4) Course material and instruction shall include a
    discussion of the possible emotional and psychological
    consequences of preadolescent and adolescent sexual
    intercourse outside of marriage and the consequences of
    unwanted adolescent pregnancy.
        (5) Course material and instruction shall stress that
    sexually transmitted diseases are serious possible hazards
    of sexual intercourse. Pupils shall be provided with
    statistics based on the latest medical information citing
    the failure and success rates of condoms in preventing AIDS
    and other sexually transmitted diseases.
        (6) Course material and instruction shall advise
    pupils of the laws pertaining to their financial
    responsibility to children born in and out of wedlock.
        (7) Course material and instruction shall advise
    pupils of the circumstances under which it is unlawful for
    males to have sexual relations with females under the age
    of 18 to whom they are not married pursuant to Article 12
    of the Criminal Code of 1961, as now or hereafter amended.
        (8) Course material and instruction shall teach pupils
    to not make unwanted physical and verbal sexual advances
    and how to say no to unwanted sexual advances. Pupils shall
    be taught that it is wrong to take advantage of or to
    exploit another person. The material and instruction shall
    also encourage youth to resist negative peer pressure.
        (9) (Blank). Course material and instruction shall
    advise pupils of the provisions of the Abandoned Newborn
    Infant Protection Act (325 ILCS 2/) as well as provide
    information about responsible parenting and the
    availability of confidential adoption services.
    (d) An opportunity shall be afforded to parents or
guardians to examine the instructional materials to be used in
such class or course.
(Source: P.A. 93-88, eff. 7-2-03.)
 
    Section 10. The Critical Health Problems and Comprehensive
Health Education Act is amended by changing Section 3 as
follows:
 
    (105 ILCS 110/3)  (from Ch. 122, par. 863)
    Sec. 3. Comprehensive Health Education Program. The
program established under this Act shall include, but not be
limited to, the following major educational areas as a basis
for curricula in all elementary and secondary schools in this
State: human ecology and health, human growth and development,
the emotional, psychological, physiological, hygienic and
social responsibilities of family life, including sexual
abstinence until marriage, prevention and control of disease,
including instruction in grades 6 through 12 on the prevention,
transmission and spread of AIDS, public and environmental
health, consumer health, safety education and disaster
survival, mental health and illness, personal health habits,
alcohol, drug use, and abuse including the medical and legal
ramifications of alcohol, drug, and tobacco use, abuse during
pregnancy, sexual abstinence until marriage, tobacco,
nutrition, and dental health. The program shall also provide
course material and instruction to advise pupils of the
Abandoned Newborn Infant Protection Act. Notwithstanding the
above educational areas, the following areas may also be
included as a basis for curricula in all elementary and
secondary schools in this State: basic first aid (including,
but not limited to, cardiopulmonary resuscitation and the
Heimlich maneuver), early prevention and detection of cancer,
heart disease, diabetes, stroke, and the prevention of child
abuse, neglect, and suicide. The school board of each public
elementary and secondary school in the State shall encourage
all teachers and other school personnel to acquire, develop,
and maintain the knowledge and skills necessary to properly
administer life-saving techniques, including without
limitation the Heimlich maneuver and rescue breathing. The
training shall be in accordance with standards of the American
Red Cross, the American Heart Association, or another
nationally recognized certifying organization. A school board
may use the services of non-governmental entities whose
personnel have expertise in life-saving techniques to instruct
teachers and other school personnel in these techniques. Each
school board is encouraged to have in its employ, or on its
volunteer staff, at least one person who is certified, by the
American Red Cross or by another qualified certifying agency,
as qualified to administer first aid and cardiopulmonary
resuscitation. In addition, each school board is authorized to
allocate appropriate portions of its institute or inservice
days to conduct training programs for teachers and other school
personnel who have expressed an interest in becoming qualified
to administer emergency first aid or cardiopulmonary
resuscitation. School boards are urged to encourage their
teachers and other school personnel who coach school athletic
programs and other extracurricular school activities to
acquire, develop, and maintain the knowledge and skills
necessary to properly administer first aid and cardiopulmonary
resuscitation in accordance with standards and requirements
established by the American Red Cross or another qualified
certifying agency. No pupil shall be required to take or
participate in any class or course on AIDS or family life
instruction if his parent or guardian submits written objection
thereto, and refusal to take or participate in the course or
program shall not be reason for suspension or expulsion of the
pupil.
    Curricula developed under programs established in
accordance with this Act in the major educational area of
alcohol and drug use and abuse shall include classroom
instruction in grades 5 through 12. The instruction, which
shall include matters relating to both the physical and legal
effects and ramifications of drug and substance abuse, shall be
integrated into existing curricula; and the State Board of
Education shall develop and make available to all elementary
and secondary schools in this State instructional materials and
guidelines which will assist the schools in incorporating the
instruction into their existing curricula. In addition, school
districts may offer, as part of existing curricula during the
school day or as part of an after school program, support
services and instruction for pupils or pupils whose parent,
parents, or guardians are chemically dependent.
(Source: P.A. 92-23, eff. 7-1-01.)
 
    Section 90. The State Mandates Act is amended by adding
Section 8.30 as follows:
 
    (30 ILCS 805/8.30 new)
    Sec. 8.30. Exempt mandate. Notwithstanding Sections 6 and 8
of this Act, no reimbursement by the State is required for the
implementation of any mandate created by this amendatory Act of
the 94th General Assembly.
 
    Section 99. Effective date. This Act takes effect upon
becoming law.