093_SB0099


LRB093 05269 NHT 05359 b
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 the

10    pupil's his parent  or  guardian  submits  written  objection

11    thereto, and refusal to take or participate in such course or

12    program  shall  not  be reason for suspension or expulsion of

13    such  pupil.  Each  class  or  course  in  comprehensive  sex

14    education offered in any of  grades  K  6  through  12  shall

15    include instruction on the prevention of sexually transmitted

16    infections, including the prevention, transmission and spread

17    of HIV AIDS. Nothing in this Section prohibits instruction in

18    sanitation, hygiene or traditional courses in biology.

19        (b)  All  public elementary, junior high, and senior high

20    school classes that teach sex education  and  discuss  sexual

21    activity   or   behavior  intercourse  shall  emphasize  that

22    abstinence is an effective method of preventing unintended is

23    the expected norm in that abstinence from sexual  intercourse

24    is  the  only  protection  that  is  100%  effective  against

25    unwanted  teenage  pregnancy,  sexually transmitted diseases,

26    and HIV  acquired  immune  deficiency  syndrome  (AIDS)  when

27    transmitted sexually.

28        (c)  In this subsection (c):

29        "Factual   information"   includes   without   limitation

30    medical,    psychiatric,    psychological,   empirical,   and

31    statistical statements.
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1        "Medically  accurate"  means  verified  or  supported  by

2    research conducted in  compliance  with  scientific  methods,

3    published  in  peer-review  journals,  where appropriate, and

4    recognized  as  accurate  and   objective   by   professional

5    organizations  and  agencies  with  expertise in the relevant

6    field.

7        All sex education courses that discuss sexual activity or

8    behavior intercourse shall satisfy the following criteria:

9             (1)  Factual   information   presented   in   course

10        material and instruction shall be medically accurate  and

11        objective.

12             (2)  All  (1)  course material and instruction shall

13        be age and developmentally appropriate.

14             (3)  Course material and instruction shall include a

15        discussion of sexual abstinence as a  method  to  prevent

16        unintended pregnancy and sexually transmitted infections,

17        including HIV.

18             (4)  Course  material  and instruction shall present

19        the latest medically factual information  regarding  both

20        the  possible  side  effects  and  health benefits of all

21        forms of contraception, including the success and failure

22        rates  for  the  prevention  of  pregnancy  and  sexually

23        transmitted infections, including HIV.

24             (5)  Course material and instruction shall include a

25        discussion of the  possible  consequences  of  unintended

26        pregnancy  and sexually transmitted infections, including

27        HIV.

28             (2)  Course material  and  instruction  shall  teach

29        honor and respect for monogamous heterosexual marriage.

30             (3)  Course  material  and  instruction shall stress

31        that pupils should abstain from sexual intercourse  until

32        they are ready for marriage.

33             (4)  Course material and instruction shall include a

34        discussion  of  the  possible emotional and psychological
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1        consequences  of  preadolescent  and  adolescent   sexual

2        intercourse  outside  of marriage and the consequences of

3        unwanted adolescent pregnancy.

4             (6)  (5)  Course  material  and  instruction   shall

5        stress  that sexually transmitted infections diseases are

6        serious possible hazards of sexual activity  or  behavior

7        intercourse.  Pupils  shall  be  provided with statistics

8        based  on  the  latest  medical  information  citing  the

9        failure and success rates of  all  contraceptive  methods

10        condoms in preventing unintended pregnancies and HIV AIDS

11        and other sexually transmitted infections diseases.

12             (7)   (6)  Course  material  and  instruction  shall

13        advise pupils of the laws pertaining to  their  financial

14        responsibility to children born in and out of wedlock.

15             (8)   (7)  Course  material  and  instruction  shall

16        advise pupils that it is unlawful for males or females of

17        any age to  engage  in  sexual  conduct  or  have  sexual

18        relations   with   a   minor   as  specified  in  of  the

19        circumstances under which it is  unlawful  for  males  to

20        have sexual relations with females under the age of 18 to

21        whom  they  are not married pursuant to Article 12 of the

22        Criminal Code of 1961, as now or hereafter amended.

23             (9)  Course material and instruction  shall  discuss

24        and provide for the development of positive communication

25        skills   to  maintain  healthy  relationships  and  avoid

26        unwanted sexual activity.

27             (10)  Course   material   and   instruction    shall

28        emphasize  that  the  pupil  has  the  power  to  control

29        personal  behavior.  Pupils  shall  be encouraged to base

30        their actions on  reasoning,  self-discipline,  sense  of

31        responsibility, self-control, and ethical considerations,

32        such as respect for oneself and others.

33             (11)  (8)  Course  material  and  instruction  shall

34        teach  pupils  to  not  make unwanted physical and verbal
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1        sexual advances and how to  say  no  to  unwanted  sexual

2        advances  and  shall  include  information  about verbal,

3        physical, and visual sexual harassment, including without

4        limitation nonconsensual sexual  advances,  nonconsensual

5        physical sexual contact, and rape by an acquaintance. The

6        course  material and instruction shall contain methods of

7        preventing sexual assault by an  acquaintance,  including

8        exercising  good  judgment  and  avoiding  behavior  that

9        impairs   one's   judgment.   The   course  material  and

10        instruction shall emphasize personal  accountability  and

11        respect  for others and Pupils shall be taught that it is

12        wrong to take advantage of or to exploit another  person.

13        The  material  and instruction shall also encourage youth

14        to resist negative peer pressure. The course material and

15        instruction shall inform pupils of  the  potential  legal

16        consequences   of  sexual  assault  by  an  acquaintance.

17        Specifically, pupils shall be advised that it is unlawful

18        to touch an intimate part of another person as  specified

19        in the Criminal Code of 1961.

20             (12)  Course  material  and  instruction shall teach

21        male pupils about male accountability for sexual violence

22        and  shall   teach   female   students   about   reducing

23        vulnerability for sexual violence.

24             (13)  Course  material  and  instruction shall teach

25        pupils about counseling,  medical,  and  legal  resources

26        available   to  survivors  of  sexual  abuse  and  sexual

27        assault,  including  resources   for   escaping   violent

28        relationships.

29             (14)  Course  material  and  instruction shall teach

30        pupils that it is  wrong  to  take  advantage  of  or  to

31        exploit another person.

32             (15)  Course  material and instruction shall be free

33        of  racial,  ethnic,   gender,   religious,   or   sexual

34        orientation biases.
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1        (d)  An  opportunity  shall  be  afforded  to  parents or

2    guardians to examine the instructional materials to  be  used

3    in such class or course.

4    (Source: P.A. 86-941.)
5        (105 ILCS 5/27-9.2) (from Ch. 122, par. 27-9.2)

6        Sec. 27-9.2.  Family Life.

7        (a)  If   any   school   district   provides  courses  of

8    instruction designed to promote wholesome  and  comprehensive

9    understanding of the emotional, psychological, physiological,

10    hygienic  and  social  responsibility aspects of family life,

11    then such courses of instruction shall include  the  teaching

12    of prevention of unintended pregnancy and all options related

13    to  unintended  pregnancy,  as  the alternatives to abortion,

14    appropriate to the various grade levels;  and  whenever  such

15    courses  of  instruction  are  provided  in any of grades K 6

16    through  12,  then  such  courses  also  shall  include   age

17    appropriate   instruction   on  the  prevention  of  sexually

18    transmitted    infections,    including    the    prevention,

19    transmission and spread of HIV AIDS. However, no pupil  shall

20    be  required  to take or participate in any family life class

21    or course on HIV AIDS instruction if his parent  or  guardian

22    submits  written  objection  thereto,  and refusal to take or

23    participate in such course or program shall not be reason for

24    suspension or expulsion of such pupil.

25        (b)  In this subsection (b):

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

32    recognized   as   accurate   and  objective  by  professional

33    organizations and agencies with  expertise  in  the  relevant
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1    field.

2        All  family life courses of instruction shall satisfy the

3    following criteria:

4             (1)  Factual   information   presented   in   course

5        material and instruction shall be medically accurate  and

6        objective.

7             (2)  All  course material and instruction in classes

8        that teach sex education and discuss sexual  activity  or

9        behavior shall be age and developmentally appropriate.

10             (3)  Course material and instruction shall include a

11        discussion  of  sexual  abstinence as a method to prevent

12        unintended pregnancy and sexually transmitted infections,

13        including HIV.

14             (4)  Course material and instruction  shall  present

15        the  latest  medically factual information regarding both

16        the possible side effects  and  health  benefits  of  all

17        forms of contraception, including the success and failure

18        rates  for  the  prevention  of  pregnancy  and  sexually

19        transmitted infections, including HIV.

20             (5)  Course  material  and  instruction shall stress

21        that sexually transmitted infections are serious possible

22        hazards of sexual activity or behavior. Pupils  shall  be

23        provided  with  statistics  based  on  the latest medical

24        information citing the failure and success rates  of  all

25        contraceptive  methods in preventing unintended pregnancy

26        and HIV and other sexually transmitted infections.

27             (6)  Course material and  instruction  shall  advise

28        pupils  that  it  is unlawful for males or females of any

29        age to engage in sexual conduct or have sexual  relations

30        with  a  minor as specified in Article 12 of the Criminal

31        Code of 1961.

32             (7)  Course material and instruction  shall  discuss

33        and provide for the development of positive communication

34        skills   to  maintain  healthy  relationships  and  avoid
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1        unwanted sexual activity.

2             (8)  Course material and instruction shall emphasize

3        that  the  pupil  has  the  power  to  control   personal

4        behavior.   Pupils  shall  be  encouraged  to  base their

5        actions   on   reasoning,   self-discipline,   sense   of

6        responsibility, self-control, and ethical considerations,

7        such as respect for oneself and others.

8             (9)  Course material  and  instruction  shall  teach

9        pupils  to  not  make unwanted physical and verbal sexual

10        advances and how to say no to  unwanted  sexual  advances

11        and shall include information about verbal, physical, and

12        visual  sexual  harassment,  including without limitation

13        nonconsensual  sexual  advances,  nonconsensual  physical

14        sexual contact, and rape by an acquaintance.  The  course

15        material   and   instruction  shall  contain  methods  of

16        preventing sexual assault by an  acquaintance,  including

17        exercising  good  judgment  and  avoiding  behavior  that

18        impairs   one's   judgment.   The   course  material  and

19        instruction shall emphasize personal  accountability  and

20        respect  for  others  and  shall  also encourage youth to

21        resist negative peer pressure. The  course  material  and

22        instruction  shall  inform  pupils of the potential legal

23        consequences  of  sexual  assault  by  an   acquaintance.

24        Specifically, pupils shall be advised that it is unlawful

25        to touch an intimate part of another person, as specified

26        in the Criminal Code of 1961.

27             (10)  Course  material  and  instruction shall teach

28        male pupils about male accountability for sexual violence

29        and  shall   teach   female   students   about   reducing

30        vulnerability for sexual violence.

31             (11)  Course  material  and  instruction shall teach

32        pupils about counseling,  medical,  and  legal  resources

33        available   to  survivors  of  sexual  abuse  and  sexual

34        assault,  including  resources   for   escaping   violent
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1        relationships.

2             (12)  Course  material  and  instruction  in classes

3        that discuss sexual  activity  or  behavior  shall  teach

4        pupils  that  it  is  wrong  to  take  advantage of or to

5        exploit another person.

6             (13)  Course material and instruction shall be  free

7        of   racial,   ethnic,   gender,  religious,  and  sexual

8        orientation biases.

9        (c)  The State Superintendent of Education shall  prepare

10    and  make  available  to  local  school  districts courses of

11    instruction designed to  satisfy  the  requirements  of  this

12    Section.

13        The  State  Superintendent  of  Education shall develop a

14    procedure for evaluating and measuring the  effectiveness  of

15    the  family  life courses of instruction in each local school

16    district, including  the  setting  of  reasonable  goals  for

17    reduced  sexual  activity,  sexually transmitted diseases and

18    premarital pregnancy. The goals shall be set by the beginning

19    of the 1991-92 school year. The  State  Superintendent  shall

20    distribute  a  copy  of  the  procedure  to each local school

21    district. Each local school district may  develop  additional

22    procedures  or methods for measuring the effectiveness of the

23    family life  courses  of  instruction  within  the  district.

24    Before  the  beginning  of the 1993-94 school year, the State

25    Superintendent shall collect and evaluate all  relevant  data

26    to determine whether the goals are being achieved.

27    (Source: P.A. 86-941.)
28        Section   10.     The   Critical   Health   Problems  and

29    Comprehensive Health Education Act  is  amended  by  changing

30    Sections 2 and 3 as follows:
31        (105 ILCS 110/2) (from Ch. 122, par. 862)

32        Sec.  2.  Definitions.   In this Act, the following terms
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1    shall have the following meanings respectively prescribed for

2    them, except as the context otherwise requires:

3        (a)  "Comprehensive   Health   Education   Program":    a

4    systematic  and  extensive  educational  program  designed to

5    provide  a  variety  of  learning  experiences   based   upon

6    scientific  knowledge  of  the human organism as it functions

7    within its environment which  will  favorably  influence  the

8    knowledge, attitudes, values and practices of Illinois school

9    youth;  and  which  will  aid  them  in  making wise personal

10    decisions in matters of health.

11        "Factual   information"   includes   without   limitation

12    medical,   psychiatric,   psychological,    empirical,    and

13    statistical statements.

14        "Medically  accurate"  means  verified  or  supported  by

15    research  conducted  in  compliance  with scientific methods,

16    published in peer-review  journals,  where  appropriate,  and

17    recognized   as   accurate   and  objective  by  professional

18    organizations and agencies with  expertise  in  the  relevant

19    field.

20    (Source: P.A. 77-1405.)
21        (105 ILCS 110/3) (from Ch. 122, par. 863)

22        Sec. 3.  Comprehensive Health Education Program.

23        (a)  The   program   established  under  this  Act  shall

24    include,  but  not  be  limited  to,  the   following   major

25    educational  areas as a basis for curricula in all elementary

26    and secondary  schools  in  this  State:  human  ecology  and

27    health,   human   growth   and  development,  the  emotional,

28    psychological,    physiological,    hygienic    and    social

29    responsibilities of family life, including sexual  abstinence

30    and   prevention  of  unintended  pregnancy  until  marriage,

31    prevention and control of disease, including age  appropriate

32    instruction  in  grades  K  6 through 12 on the prevention of

33    sexually transmitted infections,  including  the  prevention,
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1    transmission and spread of HIV AIDS, public and environmental

2    health,   consumer  health,  safety  education  and  disaster

3    survival, mental health and illness, personal health  habits,

4    alcohol,  drug use, and abuse including the medical and legal

5    ramifications of alcohol, drug, and tobacco use, abuse during

6    pregnancy,  sexual  abstinence   until   marriage,   tobacco,

7    nutrition, and dental health.

8        (b)  All    comprehensive   health   education   programs

9    established  under  this  Act  shall  satisfy  the  following

10    criteria:

11             (1)  Factual   information   presented   in   course

12        material and instruction shall be medically accurate  and

13        objective.

14             (2)  All  course material and instruction in classes

15        that teach sex education and discuss sexual  activity  or

16        behavior shall be age and developmentally appropriate.

17             (3)  Course material and instruction shall include a

18        discussion  of  sexual  abstinence as a method to prevent

19        unintended pregnancy and sexually transmitted infections,

20        including HIV.

21             (4)  Course material and instruction  shall  present

22        the  latest  medically factual information regarding both

23        the possible side effects  and  health  benefits  of  all

24        forms of contraception, including the success and failure

25        rates  for  the  prevention  of  pregnancy  and  sexually

26        transmitted infections, including HIV.

27             (5)  Course  material  and  instruction shall stress

28        that sexually transmitted infections are serious possible

29        hazards of sexual activity or behavior. Pupils  shall  be

30        provided  with  statistics  based  on  the latest medical

31        information citing the failure and success rates  of  all

32        methods  of  contraception  in  preventing  HIV and other

33        sexually transmitted infections.

34             (6)  Course material and  instruction  shall  advise
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1        pupils  that  it  is unlawful for males or females of any

2        age to engage in sexual conduct or have sexual  relations

3        with  a  minor as specified in Article 12 of the Criminal

4        Code of 1961.

5             (7)  Course material and  discussion  shall  discuss

6        and provide for the development of positive communication

7        skills   to  maintain  healthy  relationships  and  avoid

8        unwanted sexual activity.

9             (8)  Course material and instruction shall emphasize

10        that  the  pupil  has  the  power  to  control   personal

11        behavior.   Pupils  shall  be  encouraged  to  base their

12        actions   on   reasoning,   self-discipline,   sense   of

13        responsibility, self-control, and ethical considerations,

14        such as respect for oneself and others.

15             (9)  Course material  and  instruction  shall  teach

16        pupils  to  not  make unwanted physical and verbal sexual

17        advances and how to say no to  unwanted  sexual  advances

18        and shall include information about verbal, physical, and

19        visual  sexual  harassment,  including without limitation

20        nonconsensual  sexual  advances,  nonconsensual  physical

21        sexual contact, and rape by an acquaintance.  The  course

22        material   and   instruction  shall  contain  methods  of

23        preventing sexual assault by an  acquaintance,  including

24        exercising  good  judgment  and  avoiding  behavior  that

25        impairs   one's   judgment.   The   course  material  and

26        instruction shall emphasize personal  accountability  and

27        respect  for  others  and  shall  also encourage youth to

28        resist negative peer pressure. The  course  material  and

29        instruction  shall  inform  pupils of the potential legal

30        consequences  of  sexual  assault  by  an   acquaintance.

31        Specifically, pupils shall be advised that it is unlawful

32        to  touch an intimate part of another person as specified

33        in the Criminal Code of 1961.

34             (10)  Course material and  instruction  shall  teach
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1        male pupils about male accountability for sexual violence

2        and   shall   teach   female   students   about  reducing

3        vulnerability for sexual violence.

4             (11)  Course material and  instruction  shall  teach

5        pupils  about  counseling,  medical,  and legal resources

6        available  to  survivors  of  sexual  abuse  and   sexual

7        assault,   including   resources   for  escaping  violent

8        relationships.

9             (12)  Course material  and  instruction  in  classes

10        that  discuss  sexual  activity  or  behavior shall teach

11        pupils that it is  wrong  to  take  advantage  of  or  to

12        exploit another person.

13             (13)  Course  material and instruction shall be free

14        of  racial,  ethnic,   gender,   religious,   or   sexual

15        orientation biases.

16        (c)  Notwithstanding  the  above  educational  areas, the

17    following areas may also be included as a basis for curricula

18    in all elementary and secondary schools in this State:  basic

19    first  aid  (including,  but  not limited to, cardiopulmonary

20    resuscitation and the Heimlich  maneuver),  early  prevention

21    and detection of cancer, heart disease, diabetes, stroke, and

22    the  prevention  of  child  abuse,  neglect, and suicide. The

23    school board of each public elementary and  secondary  school

24    in  the  State  shall encourage all teachers and other school

25    personnel to acquire, develop, and maintain the knowledge and

26    skills   necessary   to   properly   administer   life-saving

27    techniques,  including  without   limitation   the   Heimlich

28    maneuver  and  rescue  breathing.  The  training  shall be in

29    accordance with standards of  the  American  Red  Cross,  the

30    American  Heart Association, or another nationally recognized

31    certifying organization.  A school board may use the services

32    of non-governmental entities whose personnel  have  expertise

33    in  life-saving  techniques  to  instruct  teachers and other

34    school personnel in these techniques.  Each school  board  is
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1    encouraged  to have in its employ, or on its volunteer staff,

2    at least one person who is certified,  by  the  American  Red

3    Cross or by another qualified certifying agency, as qualified

4    to  administer  first  aid and cardiopulmonary resuscitation.

5    In addition, each school  board  is  authorized  to  allocate

6    appropriate  portions  of  its institute or inservice days to

7    conduct training  programs  for  teachers  and  other  school

8    personnel   who   have  expressed  an  interest  in  becoming

9    qualified   to   administer   emergency    first    aid    or

10    cardiopulmonary  resuscitation.   School  boards are urged to

11    encourage their teachers and other school personnel who coach

12    school athletic programs  and  other  extracurricular  school

13    activities  to  acquire,  develop, and maintain the knowledge

14    and skills necessary to properly  administer  first  aid  and

15    cardiopulmonary  resuscitation  in  accordance with standards

16    and requirements established by the  American  Red  Cross  or

17    another qualified certifying agency.

18        (d)  No pupil shall be required to take or participate in

19    any class or course on HIV AIDS or family life instruction if

20    his parent or guardian submits written objection thereto, and

21    refusal to take or participate in the course or program shall

22    not be reason for suspension or expulsion of the pupil.

23        (e)  Curricula  developed  under  programs established in

24    accordance with this Act in the  major  educational  area  of

25    alcohol  and  drug  use  and  abuse  shall  include classroom

26    instruction in grades 5 through 12.  The  instruction,  which

27    shall include matters relating to both the physical and legal

28    effects  and ramifications of drug and substance abuse, shall

29    be integrated into existing curricula; and the State Board of

30    Education shall develop and make available to all  elementary

31    and  secondary  schools in this State instructional materials

32    and guidelines which will assist the schools in incorporating

33    the instruction into their existing curricula.  In  addition,

34    school  districts  may  offer,  as part of existing curricula
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1    during the school day or as part of an after school  program,

2    support  services  and instruction for pupils or pupils whose

3    parent, parents, or guardians are chemically dependent.

4    (Source: P.A. 92-23, eff. 7-1-01.)
5        Section 90.  The State Mandates Act is amended by  adding

6    Section 8.27 as follows:
7        (30 ILCS 805/8.27 new)

8        Sec.  8.27.  Exempt  mandate.  Notwithstanding Sections 6

9    and 8 of this Act, no reimbursement by the State is  required

10    for  the  implementation  of  any  mandate  created  by  this

11    amendatory Act of the 93rd General Assembly.
12        Section  99.  Effective date.  This Act takes effect upon

13    becoming law.
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