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| | SB0818 Engrossed | | LRB102 04606 CMG 14625 b |
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1 | | AN ACT concerning education.
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2 | | Be it enacted by the People of the State of Illinois,
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3 | | represented in the General Assembly:
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4 | | Section 5. The School Code is amended by changing Sections |
5 | | 2-3.62, 27A-5, and 34-18.8 and by adding Sections 27-9.1a and |
6 | | 27-9.1b as follows:
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7 | | (105 ILCS 5/2-3.62) (from Ch. 122, par. 2-3.62)
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8 | | Sec. 2-3.62. Educational service centers.
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9 | | (a) A regional network of educational service centers |
10 | | shall be established
by the State Board of Education to |
11 | | coordinate and combine existing services in
a manner which is |
12 | | practical and efficient and to provide new services to
schools |
13 | | as provided in this Section. Services to be made available by |
14 | | such
centers shall include the planning, implementation and |
15 | | evaluation of:
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16 | | (1) (blank);
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17 | | (2) computer technology education;
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18 | | (3) mathematics, science and reading resources for |
19 | | teachers including
continuing education, inservice |
20 | | training and staff development.
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21 | | The centers may provide training, technical assistance, |
22 | | coordination and
planning in other program areas such as |
23 | | school improvement, school
accountability, financial planning, |
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1 | | consultation, and services, career guidance, early childhood |
2 | | education, alcohol/drug
education and prevention, |
3 | | comprehensive personal health and safety education and |
4 | | comprehensive sexual health family life - sex education, |
5 | | electronic transmission
of data from school districts to the |
6 | | State, alternative education and regional
special education, |
7 | | and telecommunications systems that provide distance
learning. |
8 | | Such telecommunications systems may be obtained through the
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9 | | Department of Central Management Services pursuant to Section |
10 | | 405-270 of the
Department of Central Management Services Law |
11 | | (20 ILCS 405/405-270). The programs and services of |
12 | | educational
service centers may be offered to private school |
13 | | teachers and private school
students within each service |
14 | | center area provided public schools have already
been afforded |
15 | | adequate access to such programs and services.
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16 | | Upon the abolition of the office, removal from office, |
17 | | disqualification for office, resignation from office, or |
18 | | expiration of the current term of office of the regional |
19 | | superintendent of schools, whichever is earlier, the chief |
20 | | administrative officer of the centers serving that portion of |
21 | | a Class II county school unit outside of a city of 500,000 or |
22 | | more inhabitants shall have and exercise, in and with respect |
23 | | to each educational service region having a population of |
24 | | 2,000,000 or more inhabitants and in and with respect to each |
25 | | school district located in any such educational service |
26 | | region, all of the rights, powers, duties, and |
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1 | | responsibilities theretofore vested by law in and exercised |
2 | | and performed by the regional superintendent of schools for |
3 | | that area under the provisions of this Code or any other laws |
4 | | of this State. |
5 | | The State Board of Education shall promulgate rules and |
6 | | regulations necessary
to implement this Section. The rules |
7 | | shall include detailed standards which
delineate the scope and |
8 | | specific content of programs to be provided by each
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9 | | Educational Service Center, as well as the specific planning, |
10 | | implementation
and evaluation services to be provided by each |
11 | | Center relative to its programs.
The Board shall also provide |
12 | | the standards by which it will evaluate the
programs provided |
13 | | by each Center.
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14 | | (b) Centers serving Class 1 county school units shall be |
15 | | governed by an
11-member board, 3 members of which shall be |
16 | | public school teachers
nominated by the local bargaining |
17 | | representatives to the appropriate regional
superintendent for |
18 | | appointment and no more than 3 members of which shall be
from |
19 | | each of the following categories, including but not limited to
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20 | | superintendents, regional superintendents, school board |
21 | | members
and a representative of an institution of higher |
22 | | education. The members of
the board shall be appointed by the |
23 | | regional superintendents whose school
districts are served by |
24 | | the educational service center.
The composition of the board |
25 | | will reflect the revisions of this
amendatory Act of 1989 as |
26 | | the terms of office of current members expire.
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1 | | (c) The centers shall be of sufficient size and number to |
2 | | assure delivery
of services to all local school districts in |
3 | | the State.
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4 | | (d) From monies appropriated for this program the State |
5 | | Board of
Education shall provide grants paid from the Personal |
6 | | Property Tax Replacement Fund to qualifying Educational |
7 | | Service Centers
applying for such grants in accordance with |
8 | | rules and regulations
promulgated by the State Board of |
9 | | Education to implement this Section.
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10 | | (e) The governing authority of each of the 18 regional |
11 | | educational service
centers shall appoint a comprehensive |
12 | | personal health and safety education and comprehensive sexual |
13 | | health family life - sex education advisory board
consisting |
14 | | of 2 parents, 2 teachers, 2 school administrators, 2 school
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15 | | board members, 2 health care professionals, one library system
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16 | | representative, and the director of the regional educational |
17 | | service center
who shall serve as chairperson of the advisory |
18 | | board so appointed. Members
of the comprehensive personal |
19 | | health and safety education and comprehensive sexual health |
20 | | family life - sex education advisory boards shall serve |
21 | | without
compensation. Each of the advisory boards appointed |
22 | | pursuant to this
subsection shall develop a plan for regional |
23 | | teacher-parent comprehensive personal health and safety |
24 | | education and comprehensive sexual health family life - sex
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25 | | education training sessions and shall file a written report of |
26 | | such plan
with the governing board of their regional |
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1 | | educational service center. The
directors of each of the |
2 | | regional educational service
centers shall thereupon meet, |
3 | | review each of the reports submitted by the
advisory boards |
4 | | and combine those reports into a single written report which
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5 | | they shall file with the Citizens Council on School Problems |
6 | | prior to the
end of the regular school term of the 1987-1988 |
7 | | school year.
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8 | | (f) The 14 educational service centers serving Class I |
9 | | county school units
shall be disbanded on the first Monday of |
10 | | August, 1995, and their statutory
responsibilities and |
11 | | programs shall be assumed by the regional offices of
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12 | | education, subject to rules and regulations developed by
the
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13 | | State Board of Education. The regional superintendents of |
14 | | schools elected by
the voters residing in all Class I counties |
15 | | shall serve as the chief
administrators for these programs and |
16 | | services.
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17 | | (Source: P.A. 98-24, eff. 6-19-13; 98-647, eff. 6-13-14; |
18 | | 99-30, eff. 7-10-15.)
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19 | | (105 ILCS 5/27-9.1a new) |
20 | | Sec. 27-9.1a. Comprehensive personal health and safety and |
21 | | comprehensive sexual health education. |
22 | | (a) In this Section: |
23 | | "Adapt" means to modify an evidence-based or |
24 | | evidence-informed program model for use with a particular |
25 | | demographic, ethnic, linguistic, or cultural group. |
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1 | | "Age and developmentally appropriate" means suitable to |
2 | | particular ages or age groups of children and adolescents, |
3 | | based on the developing cognitive, emotional, and behavioral |
4 | | capacity typical for the age or age group. |
5 | | "Characteristics of effective programs" includes |
6 | | development, content, and implementation of such programs that |
7 | | (i) have been shown to be effective in terms of increasing |
8 | | knowledge, clarifying values and attitudes, increasing skills, |
9 | | and impacting behavior, (ii) are widely recognized by leading |
10 | | medical and public health agencies to be effective in changing |
11 | | sexual behaviors that lead to sexually transmitted infections, |
12 | | including HIV, unintended pregnancy, interpersonal violence, |
13 | | and sexual violence among young people, and (iii) are taught |
14 | | by professionals who provide a safe learning space, free from |
15 | | shame, stigma, and ideology and are trained in trauma-informed |
16 | | teaching methodologies. |
17 | | "Complete" means information that aligns with the National |
18 | | Sex Education Standards, including information on consent and |
19 | | healthy relationships, anatomy and physiology, puberty and |
20 | | adolescent sexual development, gender identity and expression, |
21 | | sexual orientation and identity, sexual health, and |
22 | | interpersonal violence. |
23 | | "Comprehensive personal health and safety education" means |
24 | | age and developmentally appropriate education that aligns with |
25 | | the National Sex Education Standards, including information on |
26 | | consent and healthy relationships, anatomy and physiology, |
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1 | | puberty and adolescent sexual development, gender identity and |
2 | | expression, sexual orientation and identity, sexual health, |
3 | | and interpersonal violence. |
4 | | "Comprehensive sexual health education" means age and |
5 | | developmentally appropriate education that aligns with the |
6 | | National Sex Education Standards, including information on |
7 | | consent and healthy relationships, anatomy and physiology, |
8 | | puberty and adolescent sexual development, gender identity and |
9 | | expression, sexual orientation and identity, sexual health, |
10 | | and interpersonal violence. |
11 | | "Consent" means an affirmative, knowing, conscious, |
12 | | ongoing, and voluntary agreement to engage in interpersonal, |
13 | | physical, or sexual activity, which can be revoked at any |
14 | | point, including during the course of interpersonal, physical, |
15 | | or sexual activity. |
16 | | "Culturally appropriate" means affirming culturally |
17 | | diverse individuals, families, and communities in an |
18 | | inclusive, respectful, and effective manner, including |
19 | | materials and instruction that are inclusive of race, |
20 | | ethnicity, language, cultural background, immigration status, |
21 | | religion, disability, gender, gender identity, gender |
22 | | expression, sexual orientation, and sexual behavior. |
23 | | "Evidence-based program" means a program for which |
24 | | systematic, empirical research or evaluation has provided |
25 | | evidence of effectiveness. |
26 | | "Evidence-informed program" means a program that uses the |
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1 | | best available research and practice knowledge to guide |
2 | | program design and implementation. |
3 | | "Gender stereotype" means a generalized view or |
4 | | preconception about what attributes, characteristics, or roles |
5 | | are or ought to be taught, possessed by, or performed by people |
6 | | based on their gender identity. |
7 | | "Healthy relationships" means relationships between |
8 | | individuals that consist of mutual respect, trust, honesty, |
9 | | support, fairness, equity, separate identities, physical and |
10 | | emotional safety, and good communication. |
11 | | "Identity" means people's understanding of how they |
12 | | identify their sexual orientation, gender, gender identity, or |
13 | | gender expression without stereotypes, shame, or stigma. |
14 | | "Inclusive" means inclusion of marginalized communities |
15 | | that include, but are not limited to, people of color, |
16 | | immigrants, people of diverse sexual orientations, gender |
17 | | identities, and gender expressions, people who are intersex, |
18 | | people with disabilities, people who have experienced |
19 | | interpersonal or sexual violence, and others. |
20 | | "Interpersonal violence" means violent behavior used to |
21 | | establish power and control over another person. |
22 | | "Medically accurate" means verified or supported by the |
23 | | weight of research conducted in compliance with accepted |
24 | | scientific methods and published in peer-reviewed journals, if |
25 | | applicable, or comprising information recognized as accurate |
26 | | and objective. |
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1 | | "Pre-exposure Prophylaxis (PrEP)" means medications |
2 | | approved by the federal Food and Drug Administration (FDA) and |
3 | | recommended by the United States Public Health Service or the |
4 | | federal Centers for Disease Control and Prevention for HIV |
5 | | pre-exposure prophylaxis and related pre-exposure prophylaxis |
6 | | services, including, but not limited to, HIV and sexually |
7 | | transmitted infection screening, treatment for sexually |
8 | | transmitted infections, medical monitoring, laboratory |
9 | | services, and sexual health counseling, to reduce the |
10 | | likelihood of HIV infection for individuals who are not living |
11 | | with HIV but are vulnerable to HIV exposure. |
12 | | "Post-exposure Prophylaxis (PeP)" means the medications |
13 | | that are recommended by the federal Centers for Disease |
14 | | Control and Prevention and other public health authorities to |
15 | | help prevent HIV infection after potential occupational or |
16 | | non-occupational HIV exposure. |
17 | | "Sexual violence" means discrimination, bullying, |
18 | | harassment, including sexual harassment, sexual abuse, sexual |
19 | | assault, intimate partner violence, incest, rape, and human |
20 | | trafficking. |
21 | | "Trauma informed" means to address vital information about |
22 | | sexuality and well-being that takes into consideration how |
23 | | adverse life experiences may potentially influence a person's |
24 | | well-being and decision making. |
25 | | (b) All classes that teach comprehensive personal health |
26 | | and safety and comprehensive sexual health education shall |
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1 | | satisfy the following criteria: |
2 | | (1) Course material and instruction shall be age and |
3 | | developmentally appropriate, medically accurate, |
4 | | complete, culturally appropriate, inclusive, and trauma |
5 | | informed. |
6 | | (2) Course material and instruction shall replicate |
7 | | evidence-based or evidence-informed programs or |
8 | | substantially incorporate elements of evidence-based |
9 | | programs or evidence-informed programs or characteristics |
10 | | of effective programs. |
11 | | (3) Course material and instruction shall be inclusive |
12 | | and sensitive to the needs of students based on their |
13 | | status as pregnant or parenting, living with STIs, |
14 | | including HIV, sexually active, asexual, or intersex or |
15 | | based on their gender, gender identity, gender expression, |
16 | | sexual orientation, sexual behavior, or disability. |
17 | | (4) Course material and instruction shall be |
18 | | accessible to students with disabilities, which may |
19 | | include the use of a modified curriculum, materials, |
20 | | instruction in alternative formats, assistive technology, |
21 | | and auxiliary aids. |
22 | | (5) Course material and instruction shall help |
23 | | students develop self-advocacy skills for effective |
24 | | communication with parents or guardians, health and social |
25 | | service professionals, other trusted adults, and peers |
26 | | about sexual health and relationships. |
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1 | | (6) Course material and instruction shall provide |
2 | | information to help students develop skills for developing |
3 | | healthy relationships and preventing and dealing with |
4 | | interpersonal violence and sexual violence. |
5 | | (7) Course material and instruction shall provide |
6 | | information to help students safely use the Internet, |
7 | | including social media, dating or relationship websites or |
8 | | applications, and texting. |
9 | | (8) Course material and instruction shall provide |
10 | | information about local resources where students can |
11 | | obtain additional information and confidential services |
12 | | related to parenting, bullying, interpersonal violence, |
13 | | sexual violence, suicide prevention, sexual and |
14 | | reproductive health, mental health, substance abuse, |
15 | | sexual orientation, gender identity, gender expression, |
16 | | and other related issues. |
17 | | (9) Course material and instruction shall include |
18 | | information about State laws related to minor |
19 | | confidentiality and minor consent, including exceptions, |
20 | | consent education, mandated reporting of child abuse and |
21 | | neglect, the safe relinquishment of a newborn child, |
22 | | minors' access to confidential health care and related |
23 | | services, school policies addressing the prevention of and |
24 | | response to interpersonal and sexual violence, school |
25 | | breastfeeding accommodations, and school policies |
26 | | addressing the prevention of and response to sexual |
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1 | | harassment. |
2 | | (10) Course material and instruction may not reflect |
3 | | or promote bias against any person on the basis of the |
4 | | person's race, ethnicity, language, cultural background, |
5 | | citizenship, religion, HIV status, family structure, |
6 | | disability, gender, gender identity, gender expression, |
7 | | sexual orientation, or sexual behavior. |
8 | | (11) Course material and instruction may not employ |
9 | | gender stereotypes. |
10 | | (12) Course material and instruction shall be |
11 | | inclusive of and may not be insensitive or unresponsive to |
12 | | the needs of survivors of interpersonal violence and |
13 | | sexual violence. |
14 | | (13) Course material and instruction may not |
15 | | proselytize any religious doctrine. |
16 | | (14) Course material and instruction may not |
17 | | deliberately withhold health-promoting or life-saving |
18 | | information about culturally appropriate health care and |
19 | | services, including reproductive health services, hormone |
20 | | therapy, and FDA-approved treatments and options, |
21 | | including, but not limited to, Pre-exposure Prophylaxis |
22 | | (PrEP) and Post-exposure Prophylaxis (PeP). |
23 | | (15) Course material and instruction may not be |
24 | | inconsistent with the ethical imperatives of medicine and |
25 | | public health. |
26 | | (c) A school may utilize guest lecturers or resource |
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1 | | persons to provide instruction or presentations in accordance |
2 | | with Section 10-22.34b. Comprehensive personal health and |
3 | | safety and comprehensive sexual health education instruction |
4 | | and materials provided by guest lecturers or resource persons |
5 | | may not conflict with the provisions of this Section. |
6 | | (d) No student shall be required to take or participate in |
7 | | any class or course in comprehensive personal health and |
8 | | safety and comprehensive sexual health education. A student's |
9 | | parent or guardian may opt the student out of comprehensive |
10 | | personal health and safety and comprehensive sexual health |
11 | | education by submitting the request in writing. Refusal to |
12 | | take or participate in such a course or program may not be a |
13 | | reason for disciplinary action, academic penalty, suspension, |
14 | | or expulsion or any other sanction of a student. A school |
15 | | district may not require active parental consent for |
16 | | comprehensive personal health and safety and comprehensive |
17 | | sexual health education. |
18 | | (e) An opportunity shall be afforded to individuals, |
19 | | including parents or guardians, to review the scope and |
20 | | sequence of instructional materials to be used in a class or |
21 | | course under this Section, either electronically or in person. |
22 | | A school district shall annually post, on its Internet website |
23 | | if one exists, which curriculum is used to provide |
24 | | comprehensive personal health and safety and comprehensive |
25 | | sexual health education and the name and contact information, |
26 | | including an email address, of school personnel who can |
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1 | | respond to inquiries about instruction and materials. |
2 | | (f) On or before August 1, 2022, the State Board of |
3 | | Education, in consultation with youth, parents, sexual health |
4 | | and violence prevention experts, health care providers, |
5 | | advocates, and education practitioners, including, but not |
6 | | limited to, administrators, regional superintendents of |
7 | | schools, teachers, and school support personnel, shall develop |
8 | | and adopt rigorous learning standards in the area of |
9 | | comprehensive personal health and safety education for pupils |
10 | | in kindergarten through the 5th grade and comprehensive sexual |
11 | | health education for pupils in the 6th through 12th grades, |
12 | | including, but not limited to, all of the National Sex |
13 | | Education Standards, including information on consent and |
14 | | healthy relationships, anatomy and physiology, puberty and |
15 | | adolescent sexual development, gender identity and expression, |
16 | | sexual orientation and identity, sexual health, and |
17 | | interpersonal violence, as authored by the Future of Sex |
18 | | Education Initiative. As the National Sex Education Standards |
19 | | are updated, the State Board of Education shall update these |
20 | | learning standards. |
21 | | (g) By no later than August 1, 2022, the State Board of |
22 | | Education shall make available resource materials developed in |
23 | | consultation with stakeholders, with the cooperation and input |
24 | | of experts that provide and entities that promote age and |
25 | | developmentally appropriate, medically accurate, complete, |
26 | | culturally appropriate, inclusive, and trauma-informed |
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1 | | comprehensive personal health and safety and comprehensive |
2 | | sexual health education policy. Materials may include, without |
3 | | limitation, model comprehensive personal health and safety and |
4 | | comprehensive sexual health education resources and programs. |
5 | | The State Board of Education shall make these resource |
6 | | materials available on its Internet website, in a clearly |
7 | | identified and easily accessible place. |
8 | | (h) Schools may choose and adapt the age and |
9 | | developmentally appropriate, medically accurate, complete, |
10 | | culturally appropriate, inclusive, and trauma-informed |
11 | | comprehensive personal health and safety and comprehensive |
12 | | sexual health education curriculum that meets the specific |
13 | | needs of their community. All instruction and materials, |
14 | | including materials provided or presented by outside |
15 | | consultants, community groups, or organizations, may not |
16 | | conflict with the provisions of this Section. |
17 | | (i) The State Board of Education shall, through existing |
18 | | reporting mechanisms if available, direct each school district |
19 | | to identify the following: |
20 | | (1) if instruction on comprehensive personal health |
21 | | and safety and comprehensive sexual health education is |
22 | | provided; |
23 | | (2) whether the instruction was provided by a teacher |
24 | | in the school, a consultant, or a community group or |
25 | | organization and specify the name of the outside |
26 | | consultant, community group, or organization; |
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1 | | (3) the number of students receiving instruction; |
2 | | (4) the number of students excused from instruction; |
3 | | and |
4 | | (5) the duration of instruction. |
5 | | The State Board of Education shall report the results of |
6 | | this inquiry to the General Assembly annually, for a period of |
7 | | 5 years beginning one year after the effective date of this |
8 | | amendatory Act of the 102nd General Assembly. |
9 | | (105 ILCS 5/27-9.1b new) |
10 | | Sec. 27-9.1b. Consent education. |
11 | | (a) In this Section: |
12 | | "Age and developmentally appropriate" has the meaning |
13 | | ascribed to that term in Section 27-9.1a. |
14 | | "Consent" has the meaning ascribed to that term in Section |
15 | | 27-9.1a. |
16 | | (b) A school district may provide age and developmentally |
17 | | appropriate consent education in kindergarten through the 12th |
18 | | grade. |
19 | | (1) In kindergarten through the 5th grade, instruction |
20 | | and materials shall include age and developmentally |
21 | | appropriate instruction on consent and how to give and |
22 | | receive consent, including a discussion that includes, but |
23 | | is not limited to, all of the following: |
24 | | (A) Setting appropriate physical boundaries with |
25 | | others. |
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1 | | (B) Respecting the physical boundaries of others. |
2 | | (C) The right to refuse to engage in behaviors or |
3 | | activities that are uncomfortable or unsafe. |
4 | | (D) Dealing with unwanted physical contact. |
5 | | (E) Helping a peer deal with unwanted physical |
6 | | contact. |
7 | | (2) In the 6th through 12th grades, instruction and |
8 | | materials shall include age and developmentally |
9 | | appropriate instruction on consent and how to give and |
10 | | receive consent, including a discussion that includes, but |
11 | | is not limited to, all of the following: |
12 | | (A) That consent is a freely given agreement to |
13 | | sexual activity. |
14 | | (B) That consent to one particular sexual activity |
15 | | does not constitute consent to other types of sexual |
16 | | activities. |
17 | | (C) That a person's lack of verbal or physical |
18 | | resistance or submission resulting from the use or |
19 | | threat of force does not constitute consent. |
20 | | (D) That a person's manner of dress does not |
21 | | constitute consent. |
22 | | (E) That a person's consent to past sexual |
23 | | activity does not constitute consent to future sexual |
24 | | activity. |
25 | | (F) That a person's consent to engage in sexual |
26 | | activity with one person does not constitute consent |
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1 | | to engage in sexual activity with another person. |
2 | | (G) That a person can withdraw consent at any |
3 | | time. |
4 | | (H) That a person cannot consent to sexual |
5 | | activity if that person is unable to understand the |
6 | | nature of the activity or give knowing consent due to |
7 | | certain circumstances that include, but are not |
8 | | limited to: |
9 | | (i) the person is incapacitated due to the use |
10 | | or influence of alcohol or drugs; |
11 | | (ii) the person is asleep or unconscious; |
12 | | (iii) the person is a minor; or |
13 | | (iv) the person is incapacitated due to a |
14 | | mental disability. |
15 | | (I) The legal age of consent in this State.
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16 | | (105 ILCS 5/27A-5)
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17 | | Sec. 27A-5. Charter school; legal entity; requirements.
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18 | | (a) A charter school shall be a public, nonsectarian, |
19 | | nonreligious, non-home
based, and non-profit school. A charter |
20 | | school shall be organized and operated
as a nonprofit |
21 | | corporation or other discrete, legal, nonprofit entity
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22 | | authorized under the laws of the State of Illinois.
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23 | | (b) A charter school may be established under this Article |
24 | | by creating a new
school or by converting an existing public |
25 | | school or attendance center to
charter
school status.
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1 | | Beginning on April 16, 2003 (the effective date of Public Act |
2 | | 93-3), in all new
applications to establish
a charter
school |
3 | | in a city having a population exceeding 500,000, operation of |
4 | | the
charter
school shall be limited to one campus. The changes |
5 | | made to this Section by Public Act 93-3 do not apply to charter |
6 | | schools existing or approved on or before April 16, 2003 (the
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7 | | effective date of Public Act 93-3). |
8 | | (b-5) In this subsection (b-5), "virtual-schooling" means |
9 | | a cyber school where students engage in online curriculum and |
10 | | instruction via the Internet and electronic communication with |
11 | | their teachers at remote locations and with students |
12 | | participating at different times. |
13 | | From April 1, 2013 through December 31, 2016, there is a |
14 | | moratorium on the establishment of charter schools with |
15 | | virtual-schooling components in school districts other than a |
16 | | school district organized under Article 34 of this Code. This |
17 | | moratorium does not apply to a charter school with |
18 | | virtual-schooling components existing or approved prior to |
19 | | April 1, 2013 or to the renewal of the charter of a charter |
20 | | school with virtual-schooling components already approved |
21 | | prior to April 1, 2013.
|
22 | | (c) A charter school shall be administered and governed by |
23 | | its board of
directors or other governing body
in the manner |
24 | | provided in its charter. The governing body of a charter |
25 | | school
shall be subject to the Freedom of Information Act and |
26 | | the Open Meetings Act. No later than January 1, 2021 (one year |
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1 | | after the effective date of Public Act 101-291), a charter |
2 | | school's board of directors or other governing body must |
3 | | include at least one parent or guardian of a pupil currently |
4 | | enrolled in the charter school who may be selected through the |
5 | | charter school or a charter network election, appointment by |
6 | | the charter school's board of directors or other governing |
7 | | body, or by the charter school's Parent Teacher Organization |
8 | | or its equivalent. |
9 | | (c-5) No later than January 1, 2021 (one year after the |
10 | | effective date of Public Act 101-291) or within the first year |
11 | | of his or her first term, every voting member of a charter |
12 | | school's board of directors or other governing body shall |
13 | | complete a minimum of 4 hours of professional development |
14 | | leadership training to ensure that each member has sufficient |
15 | | familiarity with the board's or governing body's role and |
16 | | responsibilities, including financial oversight and |
17 | | accountability of the school, evaluating the principal's and |
18 | | school's performance, adherence to the Freedom of Information |
19 | | Act and the Open Meetings Act, and compliance with education |
20 | | and labor law. In each subsequent year of his or her term, a |
21 | | voting member of a charter school's board of directors or |
22 | | other governing body shall complete a minimum of 2 hours of |
23 | | professional development training in these same areas. The |
24 | | training under this subsection may be provided or certified by |
25 | | a statewide charter school membership association or may be |
26 | | provided or certified by other qualified providers approved by |
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1 | | the State Board of Education.
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2 | | (d) For purposes of this subsection (d), "non-curricular |
3 | | health and safety requirement" means any health and safety |
4 | | requirement created by statute or rule to provide, maintain, |
5 | | preserve, or safeguard safe or healthful conditions for |
6 | | students and school personnel or to eliminate, reduce, or |
7 | | prevent threats to the health and safety of students and |
8 | | school personnel. "Non-curricular health and safety |
9 | | requirement" does not include any course of study or |
10 | | specialized instructional requirement for which the State |
11 | | Board has established goals and learning standards or which is |
12 | | designed primarily to impart knowledge and skills for students |
13 | | to master and apply as an outcome of their education. |
14 | | A charter school shall comply with all non-curricular |
15 | | health and safety
requirements applicable to public schools |
16 | | under the laws of the State of
Illinois. On or before September |
17 | | 1, 2015, the State Board shall promulgate and post on its |
18 | | Internet website a list of non-curricular health and safety |
19 | | requirements that a charter school must meet. The list shall |
20 | | be updated annually no later than September 1. Any charter |
21 | | contract between a charter school and its authorizer must |
22 | | contain a provision that requires the charter school to follow |
23 | | the list of all non-curricular health and safety requirements |
24 | | promulgated by the State Board and any non-curricular health |
25 | | and safety requirements added by the State Board to such list |
26 | | during the term of the charter. Nothing in this subsection (d) |
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1 | | precludes an authorizer from including non-curricular health |
2 | | and safety requirements in a charter school contract that are |
3 | | not contained in the list promulgated by the State Board, |
4 | | including non-curricular health and safety requirements of the |
5 | | authorizing local school board.
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6 | | (e) Except as otherwise provided in the School Code, a |
7 | | charter school shall
not charge tuition; provided that a |
8 | | charter school may charge reasonable fees
for textbooks, |
9 | | instructional materials, and student activities.
|
10 | | (f) A charter school shall be responsible for the |
11 | | management and operation
of its fiscal affairs including,
but |
12 | | not limited to, the preparation of its budget. An audit of each |
13 | | charter
school's finances shall be conducted annually by an |
14 | | outside, independent
contractor retained by the charter |
15 | | school. To ensure financial accountability for the use of |
16 | | public funds, on or before December 1 of every year of |
17 | | operation, each charter school shall submit to its authorizer |
18 | | and the State Board a copy of its audit and a copy of the Form |
19 | | 990 the charter school filed that year with the federal |
20 | | Internal Revenue Service. In addition, if deemed necessary for |
21 | | proper financial oversight of the charter school, an |
22 | | authorizer may require quarterly financial statements from |
23 | | each charter school.
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24 | | (g) A charter school shall comply with all provisions of |
25 | | this Article, the Illinois Educational Labor Relations Act, |
26 | | all federal and State laws and rules applicable to public |
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1 | | schools that pertain to special education and the instruction |
2 | | of English learners, and
its charter. A charter
school is |
3 | | exempt from all other State laws and regulations in this Code
|
4 | | governing public
schools and local school board policies; |
5 | | however, a charter school is not exempt from the following:
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6 | | (1) Sections 10-21.9 and 34-18.5 of this Code |
7 | | regarding criminal
history records checks and checks of |
8 | | the Statewide Sex Offender Database and Statewide Murderer |
9 | | and Violent Offender Against Youth Database of applicants |
10 | | for employment;
|
11 | | (2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and |
12 | | 34-84a of this Code regarding discipline of
students;
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13 | | (3) the Local Governmental and Governmental Employees |
14 | | Tort Immunity Act;
|
15 | | (4) Section 108.75 of the General Not For Profit |
16 | | Corporation Act of 1986
regarding indemnification of |
17 | | officers, directors, employees, and agents;
|
18 | | (5) the Abused and Neglected Child Reporting Act;
|
19 | | (5.5) subsection (b) of Section 10-23.12 and |
20 | | subsection (b) of Section 34-18.6 of this Code; |
21 | | (6) the Illinois School Student Records Act;
|
22 | | (7) Section 10-17a of this Code regarding school |
23 | | report cards;
|
24 | | (8) the P-20 Longitudinal Education Data System Act; |
25 | | (9) Section 27-23.7 of this Code regarding bullying |
26 | | prevention; |
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1 | | (10) Section 2-3.162 of this Code regarding student |
2 | | discipline reporting; |
3 | | (11) Sections 22-80 and 27-8.1 of this Code; |
4 | | (12) Sections 10-20.60 and 34-18.53 of this Code; |
5 | | (13) Sections 10-20.63 and 34-18.56 of this Code; |
6 | | (14) Section 26-18 of this Code; |
7 | | (15) Section 22-30 of this Code; |
8 | | (16) Sections 24-12 and 34-85 of this Code; |
9 | | (17) the Seizure Smart School Act; and |
10 | | (18) Section 2-3.64a-10 of this Code ; . |
11 | | (19) Section 27-9.1a of this Code; |
12 | | (20) Section 27-9.1b of this Code; and |
13 | | (21) Section 34-18.8 of this Code. |
14 | | The change made by Public Act 96-104 to this subsection |
15 | | (g) is declaratory of existing law. |
16 | | (h) A charter school may negotiate and contract with a |
17 | | school district, the
governing body of a State college or |
18 | | university or public community college, or
any other public or |
19 | | for-profit or nonprofit private entity for: (i) the use
of a |
20 | | school building and grounds or any other real property or |
21 | | facilities that
the charter school desires to use or convert |
22 | | for use as a charter school site,
(ii) the operation and |
23 | | maintenance thereof, and
(iii) the provision of any service, |
24 | | activity, or undertaking that the charter
school is required |
25 | | to perform in order to carry out the terms of its charter.
|
26 | | However, a charter school
that is established on
or
after |
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1 | | April 16, 2003 (the effective date of Public Act 93-3) and that |
2 | | operates
in a city having a population exceeding
500,000 may |
3 | | not contract with a for-profit entity to
manage or operate the |
4 | | school during the period that commences on April 16, 2003 (the
|
5 | | effective date of Public Act 93-3) and
concludes at the end of |
6 | | the 2004-2005 school year.
Except as provided in subsection |
7 | | (i) of this Section, a school district may
charge a charter |
8 | | school reasonable rent for the use of the district's
|
9 | | buildings, grounds, and facilities. Any services for which a |
10 | | charter school
contracts
with a school district shall be |
11 | | provided by the district at cost. Any services
for which a |
12 | | charter school contracts with a local school board or with the
|
13 | | governing body of a State college or university or public |
14 | | community college
shall be provided by the public entity at |
15 | | cost.
|
16 | | (i) In no event shall a charter school that is established |
17 | | by converting an
existing school or attendance center to |
18 | | charter school status be required to
pay rent for space
that is |
19 | | deemed available, as negotiated and provided in the charter |
20 | | agreement,
in school district
facilities. However, all other |
21 | | costs for the operation and maintenance of
school district |
22 | | facilities that are used by the charter school shall be |
23 | | subject
to negotiation between
the charter school and the |
24 | | local school board and shall be set forth in the
charter.
|
25 | | (j) A charter school may limit student enrollment by age |
26 | | or grade level.
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1 | | (k) If the charter school is approved by the State Board or |
2 | | Commission, then the charter school is its own local education |
3 | | agency. |
4 | | (Source: P.A. 100-29, eff. 1-1-18; 100-156, eff. 1-1-18; |
5 | | 100-163, eff. 1-1-18; 100-413, eff. 1-1-18; 100-468, eff. |
6 | | 6-1-18; 100-726, eff. 1-1-19; 100-863, eff. 8-14-18; 101-50, |
7 | | eff. 7-1-20; 101-81, eff. 7-12-19; 101-291, eff. 1-1-20; |
8 | | 101-531, eff. 8-23-19; 101-543, eff. 8-23-19; 101-654, eff. |
9 | | 3-8-21.)
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10 | | (105 ILCS 5/34-18.8) (from Ch. 122, par. 34-18.8)
|
11 | | Sec. 34-18.8. HIV AIDS training. School guidance |
12 | | counselors, nurses,
teachers , school social workers, and other |
13 | | school personnel who work with students shall pupils
may be |
14 | | trained to have a basic knowledge of matters relating
to human |
15 | | immunodeficiency virus (HIV) acquired immunodeficiency |
16 | | syndrome (AIDS) , including the nature of the infection
|
17 | | disease , its causes and effects, the means of detecting it and |
18 | | preventing
its transmission, the availability of appropriate |
19 | | sources of counseling and
referral, and any other medically |
20 | | accurate information that is age and developmentally |
21 | | appropriate for may be appropriate considering the
age and |
22 | | grade level of such students pupils . The Board of Education |
23 | | shall supervise
such training. The State Board of Education |
24 | | and the Department of Public
Health shall jointly develop |
25 | | standards for such training.
|