SB3788 101ST GENERAL ASSEMBLY

LRB101 19426 NHT 70039 b

101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB3788

Introduced 2/14/2020, by Sen. Celina Villanueva

SYNOPSIS AS INTRODUCED:

105 ILCS 5/2-3.62	from Ch. 122, par. 2-3.62
105 ILCS 5/27-9.1	from Ch. 122, par. 27-9.1
105 ILCS 5/27-9.2	from Ch. 122, par. 27-9.2
105 ILCS 110/3

Amends the School Code. Makes changes concerning sex education, including changing the name to sexual health and changing course requirements. Makes changes concerning family life course requirements. Amends the Critical Health Problems and Comprehensive Health Education Act to make changes concerning the educational areas a comprehensive health education program must include. Effective immediately.

FISCAL NOTE ACT MAY APPLY

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

A BILL FOR

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 Sections 2-3.62, 27-9.1, and 27-9.2 as follows:

(105 ILCS 5/2-3.62) (from Ch. 122, par. 2-3.62)

Sec. 2-3.62. Educational service centers.

(a) A regional network of educational service centers shall be established by the State Board of Education to coordinate and combine existing services in a manner which is practical and efficient and to provide new services to schools as provided in this Section. Services to be made available by such centers shall include the planning, implementation and evaluation of:

(1) (blank);

(2) computer technology education;

(3) mathematics, science and reading resources for teachers including continuing education, inservice training and staff development.

The centers may provide training, technical assistance, coordination and planning in other program areas such as school improvement, school accountability, financial planning, consultation, and services, career guidance, early childhood education, alcohol/drug education and prevention, family life -

sexual health sex education, electronic transmission of data from school districts to the State, alternative education and regional special education, and telecommunications systems that provide distance learning. Such telecommunications systems may be obtained through the Department of Central Management Services pursuant to Section 405-270 of the Department of Central Management Services Law (20 ILCS 405/405-270). The programs and services of educational service centers may be offered to private school teachers and private school students within each service center area provided public schools have already been afforded adequate access to such programs and services.

Upon the abolition of the office, removal from office, disqualification for office, resignation from office, or expiration of the current term of office of the regional superintendent of schools, whichever is earlier, the chief administrative officer of the centers serving that portion of a Class II county school unit outside of a city of 500,000 or more inhabitants shall have and exercise, in and with respect to each educational service region having a population of 2,000,000 or more inhabitants and in and with respect to each school district located in any such educational service region, all of the rights, powers, duties, and responsibilities theretofore vested by law in and exercised and performed by the regional superintendent of schools for that area under the provisions of this Code or any other laws of this State.

The State Board of Education shall promulgate rules and regulations necessary to implement this Section. The rules shall include detailed standards which delineate the scope and specific content of programs to be provided by each Educational Service Center, as well as the specific planning, implementation and evaluation services to be provided by each Center relative to its programs. The Board shall also provide the standards by which it will evaluate the programs provided by each Center.

(b) Centers serving Class 1 county school units shall be governed by an 11-member board, 3 members of which shall be public school teachers nominated by the local bargaining representatives to the appropriate regional superintendent for appointment and no more than 3 members of which shall be from each of the following categories, including but not limited to superintendents, regional superintendents, school board members and a representative of an institution of higher education. The members of the board shall be appointed by the regional superintendents whose school districts are served by the educational service center. The composition of the board will reflect the revisions of this amendatory Act of 1989 as the terms of office of current members expire.

(c) The centers shall be of sufficient size and number to assure delivery of services to all local school districts in the State.

(d) From monies appropriated for this program the State Board of Education shall provide grants paid from the Personal Property Tax Replacement Fund to qualifying Educational Service Centers applying for such grants in accordance with rules and regulations promulgated by the State Board of Education to implement this Section.

(e) The governing authority of each of the 18 regional educational service centers shall appoint a family life - sexual health sex education advisory board consisting of 2 parents, 2 teachers, 2 school administrators, 2 school board members, 2 health care professionals, one library system representative, and the director of the regional educational service center who shall serve as chairperson of the advisory board so appointed. Members of the family life - sexual health sex education advisory boards shall serve without compensation. Each of the advisory boards appointed pursuant to this subsection shall develop a plan for regional teacher-parent family life - sexual health sex education training sessions and shall file a written report of such plan with the governing board of their regional educational service center. The directors of each of the regional educational service centers shall thereupon meet, review each of the reports submitted by the advisory boards and combine those reports into a single written report which they shall file with the Citizens Council on School Problems prior to the end of the regular school term of the 1987-1988 school year.

(f) The 14 educational service centers serving Class I county school units shall be disbanded on the first Monday of August, 1995, and their statutory responsibilities and programs shall be assumed by the regional offices of education, subject to rules and regulations developed by the State Board of Education. The regional superintendents of schools elected by the voters residing in all Class I counties shall serve as the chief administrators for these programs and services.

(Source: P.A. 98-24, eff. 6-19-13; 98-647, eff. 6-13-14; 99-30, eff. 7-10-15.)

(105 ILCS 5/27-9.1) (from Ch. 122, par. 27-9.1)

Sec. 27-9.1. Sexual Health Sex education.

(a) In this Section:

"Abstinence" means not engaging in oral, vaginal, or anal intercourse or genital skin-to-skin contact.

"Adapt" means to modify an evidence-based or evidence-informed program model for use with a particular demographic, ethnic, linguistic, or cultural group.

"Age 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.

"Anatomy and physiology" means that information that provides a foundation for understanding basic human functioning.

"Characteristics of effective programs" means the aspects of evidence-based programs, including the 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 and (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, and dating violence and sexual assault among young people.

"Comprehensive" means essential information that includes, but is not limited to, content related to anatomy and physiology; healthy relationships; identity; personal safety; pregnancy and reproduction; puberty, growth, and adolescent development; and sexually transmitted infections, including HIV.

"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, religion, gender, gender identity, gender expression, sexual orientation, sexual behavior, and different abilities.

"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.

"Healthy relationships" means that information that helps pupils learn how to identify healthy and unhealthy relationship behaviors and helps pupils develop the skills to navigate changing relationships among family, peers, and partners.

"Identity" means that information that addresses several fundamental aspects of people's understanding of how they identify their sexual orientation, gender, gender identity, or gender expression.

"Personal safety" means that information that helps pupils develop an awareness about and the skills and confidence to respond to bullying, harassment, including sexual harassment, sexual abuse, sexual assault, intimate partner violence, incest, rape, and sex trafficking and the role that schools play in creating learning environments that promote personal safety.

"Pregnancy and reproduction" means that information that addresses how pregnancy happens, decision-making to avoid unintended pregnancy through abstinence and contraception, prenatal practices and resources that support a healthy pregnancy; and information that helps pupils understand resources and laws related to pregnancy, adoption, abortion, and parenting.

Puberty, growth, and adolescent development" means that information that addresses a pivotal milestone for every person that has an impact on cognitive, emotional, physical, sexual and social development.

"Sexually transmitted infections, including HIV" means that information that provides both content and skills for understanding scientifically accepted methods of how to prevent and avoid exposure to sexually transmitted infections (STIs), including HIV, through abstinence, condoms, vaccination, Pre-exposure Prophylaxis (PrEP), and Post-exposure Prophylaxis (PEP), including how they are transmitted, their signs, symptoms, and options for screening, testing, and treatment, and other medical care.

"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, objective, and complete.

"Unintended pregnancy" means a pregnancy that is unplanned, unwanted (that is, the pregnancy occurred when no children or no more children were desired) or mistimed (that is, the pregnancy occurred earlier than desired).

(a-5) No pupil shall be required to take or participate in any class or course in comprehensive sexual health sex education if that pupil's 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 both abstinence and contraception for the prevention of pregnancy and sexually transmitted diseases, including HIV/AIDS. Nothing in this Section prohibits instruction in sanitation, hygiene or traditional courses in biology.

(b) (Blank). All public school classes that teach sex education and discuss sexual intercourse in grades 6 through 12 shall emphasize that abstinence from sexual intercourse is a responsible and positive decision and 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 classes that teach sexual health sex education and discuss sexual intercourse in grades 6 through 12 shall satisfy the following criteria:

(1) Course material and instruction shall be culturally, developmentally, linguistically, and age appropriate, medically accurate, and comprehensive complete.

(1.5) 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.

(2) Course material and instruction shall include information on the value of healthy, consenting, committed relationships, including marriage and civil unions and how to form and maintain healthy romantic, sexual, and intimate partnerships that are based on mutual consent and are free from violence, coercion, and intimidation. teach honor and respect for monogamous heterosexual marriage.

(3) Course material and instruction shall include information stating that continuous, consistent, abstinence from sexual activity is the only protection that is 100% effective against unintended pregnancy and STIs, including HIV. Course material and instruction shall also include information about scientifically accepted methods that can be used to greatly reduce unintended pregnancy and STIs, including HIV. These methods include, but are not limited to, contraception, vaccination, PrEP and PEP, regular testing and screening, and other medical care. place substantial emphasis on both abstinence, including abstinence until marriage, and contraception for the prevention of pregnancy and sexually transmitted diseases among youth and shall stress that abstinence is the ensured method of avoiding unintended pregnancy, sexually transmitted diseases, and HIV/AIDS.

(4) Course material and instruction related to pregnancy shall include an objective discussion of parenting, adoption, and abortion. shall include a discussion of the possible emotional and psychological consequences of preadolescent and adolescent sexual intercourse and the consequences of unwanted adolescent pregnancy.

(5) Course material and instruction shall include information, consistent with federal Centers for Disease Control and Prevention (CDC) statistics, citing the effectiveness and safety of all federal Food and Drug Administration (FDA) approved methods in preventing or reducing the likelihood of acquiring HIV and other STIs. 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.

(5.5) Course material and instruction shall provide information, consistent with CDC statistics, citing the effectiveness and safety of all FDA-approved contraceptive methods in preventing unintended pregnancy, including, but not limited to, emergency contraception.

(6) Course material and instruction shall include information and skills development relating to parenting, including financial and emotional responsibilities, communication skills, problem solving, and caretaking. Course material and instruction shall also include information on laws pertaining to medical care and medical decisions throughout pregnancy and birth, surrendering physical custody of a child pursuant to the Abandoned Newborn Infant Protection Act, and the rights of pregnant pupils to stay in their own school or enroll in a school designed just for pregnant pupils. 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 a person to have sexual relations with an individual who is under the age of 17 and for a person who is in a position of trust, authority, or supervision to have sexual relations with an individual who is under the age of 18 pursuant to Article 11 of the Criminal Code of 2012.

(8) Course material and instruction shall provide pupils with the knowledge and skills for making and implementing healthy decisions about sexuality, including negotiation and refusal skills, to assist pupils in overcoming peer pressure and using effective decision-making skills to avoid high risk activities. Course material and instruction shall also teach pupils to not make unwanted physical and verbal sexual advances and how to say no to unwanted sexual advances and how to give, receive, and understand consent. Pupils shall be taught that it is wrong to take advantage of or to exploit another person. The material and instruction shall also encourage pupils youth to resist negative peer pressure. The material and instruction shall include discussion on what may be considered sexual harassment or sexual assault.

(9) (Blank).

(10) Course material and instruction shall teach pupils about the effect of drugs and alcohol on responsible decision-making and consent, including the dangers associated with drug and alcohol consumption during pregnancy and when engaging in sexual activity.

(11) Course material and instruction must include an age-appropriate discussion on the meaning of consent that includes discussion on recognizing all of the following:

(A) That consent is a freely given agreement to sexual activity.

(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 constitute consent.

(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 time.

(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 mental disability.

(12) Course material and instruction shall include information about State laws that apply to minor confidentiality and minor consent, including exceptions. If available, material and instructions shall include local resources that include, but are not limited to, how and where to access local resources; pupils' legal rights to access local resources for sexual and reproductive health care; parenting resources; substance abuse treatment; mental health treatment; emergency medical treatment for sexual assault; and resources for assistance with sexual assault, harassment, intimate partner violence, stalking, sex trafficking and suicide prevention. Local resources must be inclusive of gender identity, gender expression, sexual orientation, and sexual behavior.

(13) Course material and instruction shall encourage pupils to communicate with their parents or guardians, faith, health, and social service professionals, and other trusted adults about sexuality and intimate relationships.

(14) Course material and instruction may not deliberately withhold health-promoting or life-saving information about sexuality-related topics, including FDA-approved treatment and options.

(15) Course material and instruction may not be medically inaccurate or include information that is scientifically shown to be ineffective.

(16) 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, religion, HIV status, gender, gender identity, gender expression, sexual orientation, sexual behavior, or ability.

(17) Course material and instruction may not be insensitive and unresponsive to the needs of pupils 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, or ability.

(18) Course material and instruction may not be insensitive and unresponsive to the needs of survivors of sexual abuse or assault.

(19) Course material and instruction may not be inconsistent with the ethical imperatives of medicine and public health.

(20) Pupils may not be denied access to sexual health instruction on the basis of any disability or perceived disability or English Learner status.

(c-5) All classes that teach sexual health education in grades 5 and below shall use course material and provide instruction that is medically accurate, evidence-based or evidence-informed, and culturally, developmentally, linguistically, and age appropriate.

(d) An opportunity shall be afforded to individuals, including parents or guardians, to review examine the scope and sequence of instructional materials to be used in such class or course electronically or in person.

(e) The State Board of Education shall make available resource materials, including, at a minimum, a free sample curriculum or a free set of instruction modules, with the cooperation and input of experts that provide comprehensive, culturally appropriate sexual health education and organizations and entities that promote comprehensive, culturally appropriate sexual health education policy. the agency that administers grant programs consistent with criteria (1) and (1.5) of subsection (c) of this Section, for educating children regarding sex education 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 and other groups that work on sex education issues. Materials may include, without limitation, model sexual health sex education curriculums and sexual health education programs. The State Board of Education shall make these resource materials available on its Internet website, in a clearly identified and easily accessible place. School districts that do not currently provide sexual health sex education are not required to teach sexual health sex education. If a sexual health sex education class or course is offered in any grade of grades 6 through 12, the school district must teach the curriculum, adapted appropriately, to all pupils in that grade, including pupils with disabilities and non-English speaking pupils. Schools may choose and adapt the culturally, developmentally, linguistically, and age-appropriate, medically accurate, evidence-based or evidence-informed, and, in the case of grades 6 through 12 comprehensive sexual health complete sex education curriculum that meets the specific needs of its community.

(f) The State Board of Education shall, through existing reporting mechanisms, direct each school district to identify any curricula used to provide comprehensive sexual health education, whether the instruction was provided by a teacher in the school, a consultant, or a community group; the number of pupils receiving instruction; the number of pupils excused from instruction; and the duration of instruction and shall report the results of this inquiry to the General Assembly annually, beginning one year after the effective date of this amendatory Act of the 101st General Assembly.

(Source: P.A. 100-684, eff. 8-3-18; 101-579, eff. 1-1-20.)

(105 ILCS 5/27-9.2) (from Ch. 122, par. 27-9.2)

Sec. 27-9.2. Family Life. If any school district provides courses of instruction designed to promote a wholesome and comprehensive understanding of the emotional, psychological, physiological, hygienic and social responsibility aspects of family life, then such courses of instruction shall include the teaching of all pregnancy options the alternatives to abortion, appropriate to the various grade levels; and whenever such courses of instruction are provided in any of grades 6 through 12, then such courses also shall include instruction on the prevention, transmission, screening, and treatment spread of HIV/AIDS AIDS. However, no pupil shall be required to take or participate in any family life class or course on HIV/AIDS AIDS instruction if the pupil's 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.

The State Superintendent of Education shall prepare and make available to local school districts courses of instruction designed to satisfy the requirements of this Section.

The State Superintendent of Education shall develop a procedure for evaluating and measuring the effectiveness of the family life courses of instruction in each local school district, including the setting of reasonable and equitable goals for improved sexual health outcomes, such as reduced instances and disparities of sexually transmitted infections (STI), including HIV, increased instances of STI, including HIV, screening and treatment, especially in community areas with high STI, including HIV, diagnoses rates, and decreased instances and disparities of sexual assault and unintended pregnancy. reduced sexual activity, sexually transmitted diseases and premarital pregnancy. The goals shall be set by the beginning of the 1991-92 school year. The State Superintendent shall distribute a copy of the procedure to each local school district. Each local school district may develop additional procedures or methods for measuring the effectiveness of the family life courses of instruction within the district. Before the beginning of the 1993-94 school year, the State Superintendent shall collect and evaluate all relevant data to determine whether the goals are being achieved.

(Source: P.A. 86-941.)

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

(105 ILCS 110/3)

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, culturally, developmentally, linguistically, and age-appropriate, medically accurate, and evidence-based or evidence-informed information regarding including sexual abstinence until marriage, contraception, vaccination, Pre-exposure Prophylaxis (PREP) and Post-exposure Prophylaxis (PEP), and other medical care for the prevention and control of unintended pregnancy and sexually transmitted infections disease, including instruction in grades 6 through 12 on the prevention, transmission, and treatment of HIV spread of AIDS, age-appropriate sexual abuse and assault awareness and prevention education in grades pre-kindergarten through 12, 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, evidence-based and medically accurate information regarding sexual abstinence, tobacco, nutrition, and dental health. The instruction on mental health and illness must evaluate the multiple dimensions of health by reviewing the relationship between physical and mental health so as to enhance student understanding, attitudes, and behaviors that promote health, well-being, and human dignity. The program shall also provide course material and instruction to advise pupils of the Abandoned Newborn Infant Protection Act. The program shall include medically accurate information about cancer, including without limitation types of cancer, signs and symptoms, risk factors, the importance of early prevention and detection, and information on where to go for help. 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), heart disease, diabetes, stroke, the prevention of child abuse, neglect, and suicide, and teen dating violence in grades 7 through 12. Beginning with the 2014-2015 school year, training on how to properly administer cardiopulmonary resuscitation (which training must be in accordance with standards of the American Red Cross, the American Heart Association, or another nationally recognized certifying organization) and how to use an automated external defibrillator shall be included as a basis for curricula in all secondary schools in this State.

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. Subject to appropriation, the State Board of Education shall establish and administer a matching grant program to pay for half of the cost that a school district incurs in training those teachers and other school personnel who express an interest in becoming qualified to administer cardiopulmonary resuscitation (which training must be in accordance with standards of the American Red Cross, the American Heart Association, or another nationally recognized certifying organization) or in learning how to use an automated external defibrillator. A school district that applies for a grant must demonstrate that it has funds to pay half of the cost of the training for which matching grant money is sought. The State Board of Education shall award the grants on a first-come, first-serve basis.

No pupil shall be required to take or participate in any class or course on HIV/AIDS AIDS or family life instruction or to receive training on how to properly administer cardiopulmonary resuscitation or how to use an automated external defibrillator if the pupil's his or her parent or guardian submits written objection thereto, and refusal to take or participate in the course or program or the training 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. 101-305, eff. 1-1-20.)

Section 99. Effective date. This Act takes effect upon becoming law.