Sen. Ram Villivalam
Filed: 5/19/2021
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1 | AMENDMENT TO SENATE BILL 818
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2 | AMENDMENT NO. ______. Amend Senate Bill 818, AS AMENDED, | ||||||
3 | by replacing everything after the enacting clause with the | ||||||
4 | following:
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5 | "Section 5. The School Code is amended by changing | ||||||
6 | Sections 2-3.62, 27A-5, and 34-18.8 and by adding Sections | ||||||
7 | 27-9.1a and 27-9.1b as follows:
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8 | (105 ILCS 5/2-3.62) (from Ch. 122, par. 2-3.62)
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9 | Sec. 2-3.62. Educational service centers.
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10 | (a) A regional network of educational service centers | ||||||
11 | shall be established
by the State Board of Education to | ||||||
12 | coordinate and combine existing services in
a manner which is | ||||||
13 | practical and efficient and to provide new services to
schools | ||||||
14 | as provided in this Section. Services to be made available by | ||||||
15 | such
centers shall include the planning, implementation and | ||||||
16 | evaluation of:
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1 | (1) (blank);
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2 | (2) computer technology education;
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3 | (3) mathematics, science and reading resources for | ||||||
4 | teachers including
continuing education, inservice | ||||||
5 | training and staff development.
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6 | The centers may provide training, technical assistance, | ||||||
7 | coordination and
planning in other program areas such as | ||||||
8 | school improvement, school
accountability, financial planning, | ||||||
9 | consultation, and services, career guidance, early childhood | ||||||
10 | education, alcohol/drug
education and prevention, | ||||||
11 | comprehensive personal health and safety education and | ||||||
12 | comprehensive sexual health family life - sex education, | ||||||
13 | electronic transmission
of data from school districts to the | ||||||
14 | State, alternative education and regional
special education, | ||||||
15 | and telecommunications systems that provide distance
learning. | ||||||
16 | Such telecommunications systems may be obtained through the
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17 | Department of Central Management Services pursuant to Section | ||||||
18 | 405-270 of the
Department of Central Management Services Law | ||||||
19 | (20 ILCS 405/405-270). The programs and services of | ||||||
20 | educational
service centers may be offered to private school | ||||||
21 | teachers and private school
students within each service | ||||||
22 | center area provided public schools have already
been afforded | ||||||
23 | adequate access to such programs and services.
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24 | Upon the abolition of the office, removal from office, | ||||||
25 | disqualification for office, resignation from office, or | ||||||
26 | expiration of the current term of office of the regional |
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1 | superintendent of schools, whichever is earlier, the chief | ||||||
2 | administrative officer of the centers serving that portion of | ||||||
3 | a Class II county school unit outside of a city of 500,000 or | ||||||
4 | more inhabitants shall have and exercise, in and with respect | ||||||
5 | to each educational service region having a population of | ||||||
6 | 2,000,000 or more inhabitants and in and with respect to each | ||||||
7 | school district located in any such educational service | ||||||
8 | region, all of the rights, powers, duties, and | ||||||
9 | responsibilities theretofore vested by law in and exercised | ||||||
10 | and performed by the regional superintendent of schools for | ||||||
11 | that area under the provisions of this Code or any other laws | ||||||
12 | of this State. | ||||||
13 | The State Board of Education shall promulgate rules and | ||||||
14 | regulations necessary
to implement this Section. The rules | ||||||
15 | shall include detailed standards which
delineate the scope and | ||||||
16 | specific content of programs to be provided by each
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17 | Educational Service Center, as well as the specific planning, | ||||||
18 | implementation
and evaluation services to be provided by each | ||||||
19 | Center relative to its programs.
The Board shall also provide | ||||||
20 | the standards by which it will evaluate the
programs provided | ||||||
21 | by each Center.
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22 | (b) Centers serving Class 1 county school units shall be | ||||||
23 | governed by an
11-member board, 3 members of which shall be | ||||||
24 | public school teachers
nominated by the local bargaining | ||||||
25 | representatives to the appropriate regional
superintendent for | ||||||
26 | appointment and no more than 3 members of which shall be
from |
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1 | each of the following categories, including but not limited to
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2 | superintendents, regional superintendents, school board | ||||||
3 | members
and a representative of an institution of higher | ||||||
4 | education. The members of
the board shall be appointed by the | ||||||
5 | regional superintendents whose school
districts are served by | ||||||
6 | the educational service center.
The composition of the board | ||||||
7 | will reflect the revisions of this
amendatory Act of 1989 as | ||||||
8 | the terms of office of current members expire.
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9 | (c) The centers shall be of sufficient size and number to | ||||||
10 | assure delivery
of services to all local school districts in | ||||||
11 | the State.
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12 | (d) From monies appropriated for this program the State | ||||||
13 | Board of
Education shall provide grants paid from the Personal | ||||||
14 | Property Tax Replacement Fund to qualifying Educational | ||||||
15 | Service Centers
applying for such grants in accordance with | ||||||
16 | rules and regulations
promulgated by the State Board of | ||||||
17 | Education to implement this Section.
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18 | (e) The governing authority of each of the 18 regional | ||||||
19 | educational service
centers shall appoint a comprehensive | ||||||
20 | personal health and safety education and comprehensive sexual | ||||||
21 | health family life - sex education advisory board
consisting | ||||||
22 | of 2 parents, 2 teachers, 2 school administrators, 2 school
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23 | board members, 2 health care professionals, one library system
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24 | representative, and the director of the regional educational | ||||||
25 | service center
who shall serve as chairperson of the advisory | ||||||
26 | board so appointed. Members
of the comprehensive personal |
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1 | health and safety education and comprehensive sexual health | ||||||
2 | family life - sex education advisory boards shall serve | ||||||
3 | without
compensation. Each of the advisory boards appointed | ||||||
4 | pursuant to this
subsection shall develop a plan for regional | ||||||
5 | teacher-parent comprehensive personal health and safety | ||||||
6 | education and comprehensive sexual health family life - sex
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7 | education training sessions and shall file a written report of | ||||||
8 | such plan
with the governing board of their regional | ||||||
9 | educational service center. The
directors of each of the | ||||||
10 | regional educational service
centers shall thereupon meet, | ||||||
11 | review each of the reports submitted by the
advisory boards | ||||||
12 | and combine those reports into a single written report which
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13 | they shall file with the Citizens Council on School Problems | ||||||
14 | prior to the
end of the regular school term of the 1987-1988 | ||||||
15 | school year.
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16 | (f) The 14 educational service centers serving Class I | ||||||
17 | county school units
shall be disbanded on the first Monday of | ||||||
18 | August, 1995, and their statutory
responsibilities and | ||||||
19 | programs shall be assumed by the regional offices of
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20 | education, subject to rules and regulations developed by
the
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21 | State Board of Education. The regional superintendents of | ||||||
22 | schools elected by
the voters residing in all Class I counties | ||||||
23 | shall serve as the chief
administrators for these programs and | ||||||
24 | services.
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25 | (Source: P.A. 98-24, eff. 6-19-13; 98-647, eff. 6-13-14; | ||||||
26 | 99-30, eff. 7-10-15.)
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1 | (105 ILCS 5/27-9.1a new) | ||||||
2 | Sec. 27-9.1a. Comprehensive personal health and safety and | ||||||
3 | comprehensive sexual health education. | ||||||
4 | (a) In this Section: | ||||||
5 | "Adapt" means to modify an evidence-based or | ||||||
6 | evidence-informed program model for use with a particular | ||||||
7 | demographic, ethnic, linguistic, or cultural group. | ||||||
8 | "Age and developmentally appropriate" means suitable to | ||||||
9 | particular ages or age groups of children and adolescents, | ||||||
10 | based on the developing cognitive, emotional, and behavioral | ||||||
11 | capacity typical for the age or age group. | ||||||
12 | "Characteristics of effective programs" includes | ||||||
13 | development, content, and implementation of such programs that | ||||||
14 | (i) have been shown to be effective in terms of increasing | ||||||
15 | knowledge, clarifying values and attitudes, increasing skills, | ||||||
16 | and impacting behavior, (ii) are widely recognized by leading | ||||||
17 | medical and public health agencies to be effective in changing | ||||||
18 | sexual behaviors that lead to sexually transmitted infections, | ||||||
19 | including HIV, unintended pregnancy, interpersonal violence, | ||||||
20 | and sexual violence among young people, and (iii) are taught | ||||||
21 | by professionals who provide a safe learning space, free from | ||||||
22 | shame, stigma, and ideology and are trained in trauma-informed | ||||||
23 | teaching methodologies. | ||||||
24 | "Complete" means information that aligns with the National | ||||||
25 | Sex Education Standards, including information on consent and |
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1 | healthy relationships, anatomy and physiology, puberty and | ||||||
2 | adolescent sexual development, gender identity and expression, | ||||||
3 | sexual orientation and identity, sexual health, and | ||||||
4 | interpersonal violence. | ||||||
5 | "Comprehensive personal health and safety education" means | ||||||
6 | age and developmentally appropriate education that aligns with | ||||||
7 | the National Sex Education Standards, including information on | ||||||
8 | consent and healthy relationships, anatomy and physiology, | ||||||
9 | puberty and adolescent sexual development, gender identity and | ||||||
10 | expression, sexual orientation and identity, sexual health, | ||||||
11 | and interpersonal violence. | ||||||
12 | "Comprehensive sexual health education" means age and | ||||||
13 | developmentally appropriate education that aligns with the | ||||||
14 | National Sex Education Standards, including information on | ||||||
15 | consent and healthy relationships, anatomy and physiology, | ||||||
16 | puberty and adolescent sexual development, gender identity and | ||||||
17 | expression, sexual orientation and identity, sexual health, | ||||||
18 | and interpersonal violence. | ||||||
19 | "Consent" means an affirmative, knowing, conscious, | ||||||
20 | ongoing, and voluntary agreement to engage in interpersonal, | ||||||
21 | physical, or sexual activity, which can be revoked at any | ||||||
22 | point, including during the course of interpersonal, physical, | ||||||
23 | or sexual activity. | ||||||
24 | "Culturally appropriate" means affirming culturally | ||||||
25 | diverse individuals, families, and communities in an | ||||||
26 | inclusive, respectful, and effective manner, including |
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1 | materials and instruction that are inclusive of race, | ||||||
2 | ethnicity, language, cultural background, immigration status, | ||||||
3 | religion, disability, gender, gender identity, gender | ||||||
4 | expression, sexual orientation, and sexual behavior. | ||||||
5 | "Evidence-based program" means a program for which | ||||||
6 | systematic, empirical research or evaluation has provided | ||||||
7 | evidence of effectiveness. | ||||||
8 | "Evidence-informed program" means a program that uses the | ||||||
9 | best available research and practice knowledge to guide | ||||||
10 | program design and implementation. | ||||||
11 | "Gender stereotype" means a generalized view or | ||||||
12 | preconception about what attributes, characteristics, or roles | ||||||
13 | are or ought to be taught, possessed by, or performed by people | ||||||
14 | based on their gender identity. | ||||||
15 | "Healthy relationships" means relationships between | ||||||
16 | individuals that consist of mutual respect, trust, honesty, | ||||||
17 | support, fairness, equity, separate identities, physical and | ||||||
18 | emotional safety, and good communication. | ||||||
19 | "Identity" means people's understanding of how they | ||||||
20 | identify their sexual orientation, gender, gender identity, or | ||||||
21 | gender expression without stereotypes, shame, or stigma. | ||||||
22 | "Inclusive" means inclusion of marginalized communities | ||||||
23 | that include, but are not limited to, people of color, | ||||||
24 | immigrants, people of diverse sexual orientations, gender | ||||||
25 | identities, and gender expressions, people who are intersex, | ||||||
26 | people with disabilities, people who have experienced |
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1 | interpersonal or sexual violence, and others. | ||||||
2 | "Interpersonal violence" means violent behavior used to | ||||||
3 | establish power and control over another person. | ||||||
4 | "Medically accurate" means verified or supported by the | ||||||
5 | weight of research conducted in compliance with accepted | ||||||
6 | scientific methods and published in peer-reviewed journals, if | ||||||
7 | applicable, or comprising information recognized as accurate | ||||||
8 | and objective. | ||||||
9 | "Pre-exposure Prophylaxis (PrEP)" means medications | ||||||
10 | approved by the federal Food and Drug Administration (FDA) and | ||||||
11 | recommended by the United States Public Health Service or the | ||||||
12 | federal Centers for Disease Control and Prevention for HIV | ||||||
13 | pre-exposure prophylaxis and related pre-exposure prophylaxis | ||||||
14 | services, including, but not limited to, HIV and sexually | ||||||
15 | transmitted infection screening, treatment for sexually | ||||||
16 | transmitted infections, medical monitoring, laboratory | ||||||
17 | services, and sexual health counseling, to reduce the | ||||||
18 | likelihood of HIV infection for individuals who are not living | ||||||
19 | with HIV but are vulnerable to HIV exposure. | ||||||
20 | "Post-exposure Prophylaxis (PeP)" means the medications | ||||||
21 | that are recommended by the federal Centers for Disease | ||||||
22 | Control and Prevention and other public health authorities to | ||||||
23 | help prevent HIV infection after potential occupational or | ||||||
24 | non-occupational HIV exposure. | ||||||
25 | "Sexual violence" means discrimination, bullying, | ||||||
26 | harassment, including sexual harassment, sexual abuse, sexual |
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1 | assault, intimate partner violence, incest, rape, and human | ||||||
2 | trafficking. | ||||||
3 | "Trauma informed" means to address vital information about | ||||||
4 | sexuality and well-being that takes into consideration how | ||||||
5 | adverse life experiences may potentially influence a person's | ||||||
6 | well-being and decision making. | ||||||
7 | (b) All classes that teach comprehensive personal health | ||||||
8 | and safety and comprehensive sexual health education shall | ||||||
9 | satisfy the following criteria: | ||||||
10 | (1) Course material and instruction shall be age and | ||||||
11 | developmentally appropriate, medically accurate, | ||||||
12 | complete, culturally appropriate, inclusive, and trauma | ||||||
13 | informed. | ||||||
14 | (2) Course material and instruction shall replicate | ||||||
15 | evidence-based or evidence-informed programs or | ||||||
16 | substantially incorporate elements of evidence-based | ||||||
17 | programs or evidence-informed programs or characteristics | ||||||
18 | of effective programs. | ||||||
19 | (3) Course material and instruction shall be inclusive | ||||||
20 | and sensitive to the needs of students based on their | ||||||
21 | status as pregnant or parenting, living with STIs, | ||||||
22 | including HIV, sexually active, asexual, or intersex or | ||||||
23 | based on their gender, gender identity, gender expression, | ||||||
24 | sexual orientation, sexual behavior, or disability. | ||||||
25 | (4) Course material and instruction shall be | ||||||
26 | accessible to students with disabilities, which may |
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1 | include the use of a modified curriculum, materials, | ||||||
2 | instruction in alternative formats, assistive technology, | ||||||
3 | and auxiliary aids. | ||||||
4 | (5) Course material and instruction shall help | ||||||
5 | students develop self-advocacy skills for effective | ||||||
6 | communication with parents or guardians, health and social | ||||||
7 | service professionals, other trusted adults, and peers | ||||||
8 | about sexual health and relationships. | ||||||
9 | (6) Course material and instruction shall provide | ||||||
10 | information to help students develop skills for developing | ||||||
11 | healthy relationships and preventing and dealing with | ||||||
12 | interpersonal violence and sexual violence. | ||||||
13 | (7) Course material and instruction shall provide | ||||||
14 | information to help students safely use the Internet, | ||||||
15 | including social media, dating or relationship websites or | ||||||
16 | applications, and texting. | ||||||
17 | (8) Course material and instruction shall provide | ||||||
18 | information about local resources where students can | ||||||
19 | obtain additional information and confidential services | ||||||
20 | related to parenting, bullying, interpersonal violence, | ||||||
21 | sexual violence, suicide prevention, sexual and | ||||||
22 | reproductive health, mental health, substance abuse, | ||||||
23 | sexual orientation, gender identity, gender expression, | ||||||
24 | and other related issues. | ||||||
25 | (9) Course material and instruction shall include | ||||||
26 | information about State laws related to minor |
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1 | confidentiality and minor consent, including exceptions, | ||||||
2 | consent education, mandated reporting of child abuse and | ||||||
3 | neglect, the safe relinquishment of a newborn child, | ||||||
4 | minors' access to confidential health care and related | ||||||
5 | services, school policies addressing the prevention of and | ||||||
6 | response to interpersonal and sexual violence, school | ||||||
7 | breastfeeding accommodations, and school policies | ||||||
8 | addressing the prevention of and response to sexual | ||||||
9 | harassment. | ||||||
10 | (10) Course material and instruction may not reflect | ||||||
11 | or promote bias against any person on the basis of the | ||||||
12 | person's race, ethnicity, language, cultural background, | ||||||
13 | citizenship, religion, HIV status, family structure, | ||||||
14 | disability, gender, gender identity, gender expression, | ||||||
15 | sexual orientation, or sexual behavior. | ||||||
16 | (11) Course material and instruction may not employ | ||||||
17 | gender stereotypes. | ||||||
18 | (12) Course material and instruction shall be | ||||||
19 | inclusive of and may not be insensitive or unresponsive to | ||||||
20 | the needs of survivors of interpersonal violence and | ||||||
21 | sexual violence. | ||||||
22 | (13) Course material and instruction may not | ||||||
23 | proselytize any religious doctrine. | ||||||
24 | (14) Course material and instruction may not | ||||||
25 | deliberately withhold health-promoting or life-saving | ||||||
26 | information about culturally appropriate health care and |
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1 | services, including reproductive health services, hormone | ||||||
2 | therapy, and FDA-approved treatments and options, | ||||||
3 | including, but not limited to, Pre-exposure Prophylaxis | ||||||
4 | (PrEP) and Post-exposure Prophylaxis (PeP). | ||||||
5 | (15) Course material and instruction may not be | ||||||
6 | inconsistent with the ethical imperatives of medicine and | ||||||
7 | public health. | ||||||
8 | (c) A school may utilize guest lecturers or resource | ||||||
9 | persons to provide instruction or presentations in accordance | ||||||
10 | with Section 10-22.34b. Comprehensive personal health and | ||||||
11 | safety and comprehensive sexual health education instruction | ||||||
12 | and materials provided by guest lecturers or resource persons | ||||||
13 | may not conflict with the provisions of this Section. | ||||||
14 | (d) No student shall be required to take or participate in | ||||||
15 | any class or course in comprehensive personal health and | ||||||
16 | safety and comprehensive sexual health education. A student's | ||||||
17 | parent or guardian may opt the student out of comprehensive | ||||||
18 | personal health and safety and comprehensive sexual health | ||||||
19 | education by submitting the request in writing. Refusal to | ||||||
20 | take or participate in such a course or program may not be a | ||||||
21 | reason for disciplinary action, academic penalty, suspension, | ||||||
22 | or expulsion or any other sanction of a student. A school | ||||||
23 | district may not require active parental consent for | ||||||
24 | comprehensive personal health and safety and comprehensive | ||||||
25 | sexual health education. | ||||||
26 | (e) An opportunity shall be afforded to individuals, |
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1 | including parents or guardians, to review the scope and | ||||||
2 | sequence of instructional materials to be used in a class or | ||||||
3 | course under this Section, either electronically or in person. | ||||||
4 | A school district shall annually post, on its Internet website | ||||||
5 | if one exists, which curriculum is used to provide | ||||||
6 | comprehensive personal health and safety and comprehensive | ||||||
7 | sexual health education and the name and contact information, | ||||||
8 | including an email address, of school personnel who can | ||||||
9 | respond to inquiries about instruction and materials. | ||||||
10 | (f) On or before August 1, 2022, the State Board of | ||||||
11 | Education, in consultation with youth, parents, sexual health | ||||||
12 | and violence prevention experts, health care providers, | ||||||
13 | advocates, and education practitioners, including, but not | ||||||
14 | limited to, administrators, regional superintendents of | ||||||
15 | schools, teachers, and school support personnel, shall develop | ||||||
16 | and adopt rigorous learning standards in the area of | ||||||
17 | comprehensive personal health and safety education for pupils | ||||||
18 | in kindergarten through the 5th grade and comprehensive sexual | ||||||
19 | health education for pupils in the 6th through 12th grades, | ||||||
20 | including, but not limited to, all of the National Sex | ||||||
21 | Education Standards, including information on consent and | ||||||
22 | healthy relationships, anatomy and physiology, puberty and | ||||||
23 | adolescent sexual development, gender identity and expression, | ||||||
24 | sexual orientation and identity, sexual health, and | ||||||
25 | interpersonal violence, as authored by the Future of Sex | ||||||
26 | Education Initiative. As the National Sex Education Standards |
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1 | are updated, the State Board of Education shall update these | ||||||
2 | learning standards. | ||||||
3 | (g) By no later than August 1, 2022, the State Board of | ||||||
4 | Education shall make available resource materials developed in | ||||||
5 | consultation with stakeholders, with the cooperation and input | ||||||
6 | of experts that provide and entities that promote age and | ||||||
7 | developmentally appropriate, medically accurate, complete, | ||||||
8 | culturally appropriate, inclusive, and trauma-informed | ||||||
9 | comprehensive personal health and safety and comprehensive | ||||||
10 | sexual health education policy. Materials may include, without | ||||||
11 | limitation, model comprehensive personal health and safety and | ||||||
12 | comprehensive sexual health education resources and programs. | ||||||
13 | The State Board of Education shall make these resource | ||||||
14 | materials available on its Internet website, in a clearly | ||||||
15 | identified and easily accessible place. | ||||||
16 | (h) Schools may choose and adapt the age and | ||||||
17 | developmentally appropriate, medically accurate, complete, | ||||||
18 | culturally appropriate, inclusive, and trauma-informed | ||||||
19 | comprehensive personal health and safety and comprehensive | ||||||
20 | sexual health education curriculum that meets the specific | ||||||
21 | needs of their community. All instruction and materials, | ||||||
22 | including materials provided or presented by outside | ||||||
23 | consultants, community groups, or organizations, may not | ||||||
24 | conflict with the provisions of this Section. | ||||||
25 | (i) The State Board of Education shall, through existing | ||||||
26 | reporting mechanisms if available, direct each school district |
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1 | to identify the following: | ||||||
2 | (1) if instruction on comprehensive personal health | ||||||
3 | and safety and comprehensive sexual health education is | ||||||
4 | provided; | ||||||
5 | (2) whether the instruction was provided by a teacher | ||||||
6 | in the school, a consultant, or a community group or | ||||||
7 | organization and specify the name of the outside | ||||||
8 | consultant, community group, or organization; | ||||||
9 | (3) the number of students receiving instruction; | ||||||
10 | (4) the number of students excused from instruction; | ||||||
11 | and | ||||||
12 | (5) the duration of instruction. | ||||||
13 | The State Board of Education shall report the results of | ||||||
14 | this inquiry to the General Assembly annually, for a period of | ||||||
15 | 5 years beginning one year after the effective date of this | ||||||
16 | amendatory Act of the 102nd General Assembly. | ||||||
17 | (105 ILCS 5/27-9.1b new) | ||||||
18 | Sec. 27-9.1b. Consent education. | ||||||
19 | (a) In this Section: | ||||||
20 | "Age and developmentally appropriate" has the meaning | ||||||
21 | ascribed to that term in Section 27-9.1a. | ||||||
22 | "Consent" has the meaning ascribed to that term in Section | ||||||
23 | 27-9.1a. | ||||||
24 | (b) A school district may provide age and developmentally | ||||||
25 | appropriate consent education in kindergarten through the 12th |
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1 | grade. | ||||||
2 | (1) In kindergarten through the 5th grade, instruction | ||||||
3 | and materials shall include age and developmentally | ||||||
4 | appropriate instruction on consent and how to give and | ||||||
5 | receive consent, including a discussion that includes, but | ||||||
6 | is not limited to, all of the following: | ||||||
7 | (A) Setting appropriate physical boundaries with | ||||||
8 | others. | ||||||
9 | (B) Respecting the physical boundaries of others. | ||||||
10 | (C) The right to refuse to engage in behaviors or | ||||||
11 | activities that are uncomfortable or unsafe. | ||||||
12 | (D) Dealing with unwanted physical contact. | ||||||
13 | (E) Helping a peer deal with unwanted physical | ||||||
14 | contact. | ||||||
15 | (2) In the 6th through 12th grades, instruction and | ||||||
16 | materials shall include age and developmentally | ||||||
17 | appropriate instruction on consent and how to give and | ||||||
18 | receive consent, including a discussion that includes, but | ||||||
19 | is not limited to, all of the following: | ||||||
20 | (A) That consent is a freely given agreement to | ||||||
21 | sexual activity. | ||||||
22 | (B) That consent to one particular sexual activity | ||||||
23 | does not constitute consent to other types of sexual | ||||||
24 | activities. | ||||||
25 | (C) That a person's lack of verbal or physical | ||||||
26 | resistance or submission resulting from the use or |
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1 | threat of force does not constitute consent. | ||||||
2 | (D) That a person's manner of dress does not | ||||||
3 | constitute consent. | ||||||
4 | (E) That a person's consent to past sexual | ||||||
5 | activity does not constitute consent to future sexual | ||||||
6 | activity. | ||||||
7 | (F) That a person's consent to engage in sexual | ||||||
8 | activity with one person does not constitute consent | ||||||
9 | to engage in sexual activity with another person. | ||||||
10 | (G) That a person can withdraw consent at any | ||||||
11 | time. | ||||||
12 | (H) That a person cannot consent to sexual | ||||||
13 | activity if that person is unable to understand the | ||||||
14 | nature of the activity or give knowing consent due to | ||||||
15 | certain circumstances that include, but are not | ||||||
16 | limited to: | ||||||
17 | (i) the person is incapacitated due to the use | ||||||
18 | or influence of alcohol or drugs; | ||||||
19 | (ii) the person is asleep or unconscious; | ||||||
20 | (iii) the person is a minor; or | ||||||
21 | (iv) the person is incapacitated due to a | ||||||
22 | mental disability. | ||||||
23 | (I) The legal age of consent in this State.
| ||||||
24 | (105 ILCS 5/27A-5)
| ||||||
25 | Sec. 27A-5. Charter school; legal entity; requirements.
|
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1 | (a) A charter school shall be a public, nonsectarian, | ||||||
2 | nonreligious, non-home
based, and non-profit school. A charter | ||||||
3 | school shall be organized and operated
as a nonprofit | ||||||
4 | corporation or other discrete, legal, nonprofit entity
| ||||||
5 | authorized under the laws of the State of Illinois.
| ||||||
6 | (b) A charter school may be established under this Article | ||||||
7 | by creating a new
school or by converting an existing public | ||||||
8 | school or attendance center to
charter
school status.
| ||||||
9 | Beginning on April 16, 2003 (the effective date of Public Act | ||||||
10 | 93-3), in all new
applications to establish
a charter
school | ||||||
11 | in a city having a population exceeding 500,000, operation of | ||||||
12 | the
charter
school shall be limited to one campus. The changes | ||||||
13 | made to this Section by Public Act 93-3 do not apply to charter | ||||||
14 | schools existing or approved on or before April 16, 2003 (the
| ||||||
15 | effective date of Public Act 93-3). | ||||||
16 | (b-5) In this subsection (b-5), "virtual-schooling" means | ||||||
17 | a cyber school where students engage in online curriculum and | ||||||
18 | instruction via the Internet and electronic communication with | ||||||
19 | their teachers at remote locations and with students | ||||||
20 | participating at different times. | ||||||
21 | From April 1, 2013 through December 31, 2016, there is a | ||||||
22 | moratorium on the establishment of charter schools with | ||||||
23 | virtual-schooling components in school districts other than a | ||||||
24 | school district organized under Article 34 of this Code. This | ||||||
25 | moratorium does not apply to a charter school with | ||||||
26 | virtual-schooling components existing or approved prior to |
| |||||||
| |||||||
1 | April 1, 2013 or to the renewal of the charter of a charter | ||||||
2 | school with virtual-schooling components already approved | ||||||
3 | prior to April 1, 2013.
| ||||||
4 | (c) A charter school shall be administered and governed by | ||||||
5 | its board of
directors or other governing body
in the manner | ||||||
6 | provided in its charter. The governing body of a charter | ||||||
7 | school
shall be subject to the Freedom of Information Act and | ||||||
8 | the Open Meetings Act. No later than January 1, 2021 (one year | ||||||
9 | after the effective date of Public Act 101-291), a charter | ||||||
10 | school's board of directors or other governing body must | ||||||
11 | include at least one parent or guardian of a pupil currently | ||||||
12 | enrolled in the charter school who may be selected through the | ||||||
13 | charter school or a charter network election, appointment by | ||||||
14 | the charter school's board of directors or other governing | ||||||
15 | body, or by the charter school's Parent Teacher Organization | ||||||
16 | or its equivalent. | ||||||
17 | (c-5) No later than January 1, 2021 (one year after the | ||||||
18 | effective date of Public Act 101-291) or within the first year | ||||||
19 | of his or her first term, every voting member of a charter | ||||||
20 | school's board of directors or other governing body shall | ||||||
21 | complete a minimum of 4 hours of professional development | ||||||
22 | leadership training to ensure that each member has sufficient | ||||||
23 | familiarity with the board's or governing body's role and | ||||||
24 | responsibilities, including financial oversight and | ||||||
25 | accountability of the school, evaluating the principal's and | ||||||
26 | school's performance, adherence to the Freedom of Information |
| |||||||
| |||||||
1 | Act and the Open Meetings Act, and compliance with education | ||||||
2 | and labor law. In each subsequent year of his or her term, a | ||||||
3 | voting member of a charter school's board of directors or | ||||||
4 | other governing body shall complete a minimum of 2 hours of | ||||||
5 | professional development training in these same areas. The | ||||||
6 | training under this subsection may be provided or certified by | ||||||
7 | a statewide charter school membership association or may be | ||||||
8 | provided or certified by other qualified providers approved by | ||||||
9 | the State Board of Education.
| ||||||
10 | (d) For purposes of this subsection (d), "non-curricular | ||||||
11 | health and safety requirement" means any health and safety | ||||||
12 | requirement created by statute or rule to provide, maintain, | ||||||
13 | preserve, or safeguard safe or healthful conditions for | ||||||
14 | students and school personnel or to eliminate, reduce, or | ||||||
15 | prevent threats to the health and safety of students and | ||||||
16 | school personnel. "Non-curricular health and safety | ||||||
17 | requirement" does not include any course of study or | ||||||
18 | specialized instructional requirement for which the State | ||||||
19 | Board has established goals and learning standards or which is | ||||||
20 | designed primarily to impart knowledge and skills for students | ||||||
21 | to master and apply as an outcome of their education. | ||||||
22 | A charter school shall comply with all non-curricular | ||||||
23 | health and safety
requirements applicable to public schools | ||||||
24 | under the laws of the State of
Illinois. On or before September | ||||||
25 | 1, 2015, the State Board shall promulgate and post on its | ||||||
26 | Internet website a list of non-curricular health and safety |
| |||||||
| |||||||
1 | requirements that a charter school must meet. The list shall | ||||||
2 | be updated annually no later than September 1. Any charter | ||||||
3 | contract between a charter school and its authorizer must | ||||||
4 | contain a provision that requires the charter school to follow | ||||||
5 | the list of all non-curricular health and safety requirements | ||||||
6 | promulgated by the State Board and any non-curricular health | ||||||
7 | and safety requirements added by the State Board to such list | ||||||
8 | during the term of the charter. Nothing in this subsection (d) | ||||||
9 | precludes an authorizer from including non-curricular health | ||||||
10 | and safety requirements in a charter school contract that are | ||||||
11 | not contained in the list promulgated by the State Board, | ||||||
12 | including non-curricular health and safety requirements of the | ||||||
13 | authorizing local school board.
| ||||||
14 | (e) Except as otherwise provided in the School Code, a | ||||||
15 | charter school shall
not charge tuition; provided that a | ||||||
16 | charter school may charge reasonable fees
for textbooks, | ||||||
17 | instructional materials, and student activities.
| ||||||
18 | (f) A charter school shall be responsible for the | ||||||
19 | management and operation
of its fiscal affairs including,
but | ||||||
20 | not limited to, the preparation of its budget. An audit of each | ||||||
21 | charter
school's finances shall be conducted annually by an | ||||||
22 | outside, independent
contractor retained by the charter | ||||||
23 | school. To ensure financial accountability for the use of | ||||||
24 | public funds, on or before December 1 of every year of | ||||||
25 | operation, each charter school shall submit to its authorizer | ||||||
26 | and the State Board a copy of its audit and a copy of the Form |
| |||||||
| |||||||
1 | 990 the charter school filed that year with the federal | ||||||
2 | Internal Revenue Service. In addition, if deemed necessary for | ||||||
3 | proper financial oversight of the charter school, an | ||||||
4 | authorizer may require quarterly financial statements from | ||||||
5 | each charter school.
| ||||||
6 | (g) A charter school shall comply with all provisions of | ||||||
7 | this Article, the Illinois Educational Labor Relations Act, | ||||||
8 | all federal and State laws and rules applicable to public | ||||||
9 | schools that pertain to special education and the instruction | ||||||
10 | of English learners, and
its charter. A charter
school is | ||||||
11 | exempt from all other State laws and regulations in this Code
| ||||||
12 | governing public
schools and local school board policies; | ||||||
13 | however, a charter school is not exempt from the following:
| ||||||
14 | (1) Sections 10-21.9 and 34-18.5 of this Code | ||||||
15 | regarding criminal
history records checks and checks of | ||||||
16 | the Statewide Sex Offender Database and Statewide Murderer | ||||||
17 | and Violent Offender Against Youth Database of applicants | ||||||
18 | for employment;
| ||||||
19 | (2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and | ||||||
20 | 34-84a of this Code regarding discipline of
students;
| ||||||
21 | (3) the Local Governmental and Governmental Employees | ||||||
22 | Tort Immunity Act;
| ||||||
23 | (4) Section 108.75 of the General Not For Profit | ||||||
24 | Corporation Act of 1986
regarding indemnification of | ||||||
25 | officers, directors, employees, and agents;
| ||||||
26 | (5) the Abused and Neglected Child Reporting Act;
|
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| |||||||
1 | (5.5) subsection (b) of Section 10-23.12 and | ||||||
2 | subsection (b) of Section 34-18.6 of this Code; | ||||||
3 | (6) the Illinois School Student Records Act;
| ||||||
4 | (7) Section 10-17a of this Code regarding school | ||||||
5 | report cards;
| ||||||
6 | (8) the P-20 Longitudinal Education Data System Act; | ||||||
7 | (9) Section 27-23.7 of this Code regarding bullying | ||||||
8 | prevention; | ||||||
9 | (10) Section 2-3.162 of this Code regarding student | ||||||
10 | discipline reporting; | ||||||
11 | (11) Sections 22-80 and 27-8.1 of this Code; | ||||||
12 | (12) Sections 10-20.60 and 34-18.53 of this Code; | ||||||
13 | (13) Sections 10-20.63 and 34-18.56 of this Code; | ||||||
14 | (14) Section 26-18 of this Code; | ||||||
15 | (15) Section 22-30 of this Code; | ||||||
16 | (16) Sections 24-12 and 34-85 of this Code; | ||||||
17 | (17) the Seizure Smart School Act; and | ||||||
18 | (18) Section 2-3.64a-10 of this Code ; . | ||||||
19 | (19) Section 27-9.1a of this Code; | ||||||
20 | (20) Section 27-9.1b of this Code; and | ||||||
21 | (21) Section 34-18.8 of this Code. | ||||||
22 | The change made by Public Act 96-104 to this subsection | ||||||
23 | (g) is declaratory of existing law. | ||||||
24 | (h) A charter school may negotiate and contract with a | ||||||
25 | school district, the
governing body of a State college or | ||||||
26 | university or public community college, or
any other public or |
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| |||||||
1 | for-profit or nonprofit private entity for: (i) the use
of a | ||||||
2 | school building and grounds or any other real property or | ||||||
3 | facilities that
the charter school desires to use or convert | ||||||
4 | for use as a charter school site,
(ii) the operation and | ||||||
5 | maintenance thereof, and
(iii) the provision of any service, | ||||||
6 | activity, or undertaking that the charter
school is required | ||||||
7 | to perform in order to carry out the terms of its charter.
| ||||||
8 | However, a charter school
that is established on
or
after | ||||||
9 | April 16, 2003 (the effective date of Public Act 93-3) and that | ||||||
10 | operates
in a city having a population exceeding
500,000 may | ||||||
11 | not contract with a for-profit entity to
manage or operate the | ||||||
12 | school during the period that commences on April 16, 2003 (the
| ||||||
13 | effective date of Public Act 93-3) and
concludes at the end of | ||||||
14 | the 2004-2005 school year.
Except as provided in subsection | ||||||
15 | (i) of this Section, a school district may
charge a charter | ||||||
16 | school reasonable rent for the use of the district's
| ||||||
17 | buildings, grounds, and facilities. Any services for which a | ||||||
18 | charter school
contracts
with a school district shall be | ||||||
19 | provided by the district at cost. Any services
for which a | ||||||
20 | charter school contracts with a local school board or with the
| ||||||
21 | governing body of a State college or university or public | ||||||
22 | community college
shall be provided by the public entity at | ||||||
23 | cost.
| ||||||
24 | (i) In no event shall a charter school that is established | ||||||
25 | by converting an
existing school or attendance center to | ||||||
26 | charter school status be required to
pay rent for space
that is |
| |||||||
| |||||||
1 | deemed available, as negotiated and provided in the charter | ||||||
2 | agreement,
in school district
facilities. However, all other | ||||||
3 | costs for the operation and maintenance of
school district | ||||||
4 | facilities that are used by the charter school shall be | ||||||
5 | subject
to negotiation between
the charter school and the | ||||||
6 | local school board and shall be set forth in the
charter.
| ||||||
7 | (j) A charter school may limit student enrollment by age | ||||||
8 | or grade level.
| ||||||
9 | (k) If the charter school is approved by the State Board or | ||||||
10 | Commission, then the charter school is its own local education | ||||||
11 | agency. | ||||||
12 | (Source: P.A. 100-29, eff. 1-1-18; 100-156, eff. 1-1-18; | ||||||
13 | 100-163, eff. 1-1-18; 100-413, eff. 1-1-18; 100-468, eff. | ||||||
14 | 6-1-18; 100-726, eff. 1-1-19; 100-863, eff. 8-14-18; 101-50, | ||||||
15 | eff. 7-1-20; 101-81, eff. 7-12-19; 101-291, eff. 1-1-20; | ||||||
16 | 101-531, eff. 8-23-19; 101-543, eff. 8-23-19; 101-654, eff. | ||||||
17 | 3-8-21.)
| ||||||
18 | (105 ILCS 5/34-18.8) (from Ch. 122, par. 34-18.8)
| ||||||
19 | Sec. 34-18.8. HIV AIDS training. School guidance | ||||||
20 | counselors, nurses,
teachers , school social workers, and other | ||||||
21 | school personnel who work with students shall pupils
may be | ||||||
22 | trained to have a basic knowledge of matters relating
to human | ||||||
23 | immunodeficiency virus (HIV) acquired immunodeficiency | ||||||
24 | syndrome (AIDS) , including the nature of the infection
| ||||||
25 | disease , its causes and effects, the means of detecting it and |
| |||||||
| |||||||
1 | preventing
its transmission, the availability of appropriate | ||||||
2 | sources of counseling and
referral, and any other medically | ||||||
3 | accurate information that is age and developmentally | ||||||
4 | appropriate for may be appropriate considering the
age and | ||||||
5 | grade level of such students pupils . The Board of Education | ||||||
6 | shall supervise
such training. The State Board of Education | ||||||
7 | and the Department of Public
Health shall jointly develop | ||||||
8 | standards for such training.
| ||||||
9 | (Source: P.A. 86-900.)
| ||||||
10 | (105 ILCS 5/27-9.1 rep.)
| ||||||
11 | (105 ILCS 5/27-9.2 rep.)
| ||||||
12 | (105 ILCS 5/27-11 rep.)
| ||||||
13 | Section 10. The School Code is amended by repealing | ||||||
14 | Sections 27-9.1, 27-9.2, and 27-11.
| ||||||
15 | Section 99. Effective date. This Act takes effect upon | ||||||
16 | becoming law.".
|