093_SB0099
LRB093 05269 NHT 05359 b
1 AN ACT concerning education.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The School Code is amended by changing
5 Sections 27-9.1 and 27-9.2 as follows:
6 (105 ILCS 5/27-9.1) (from Ch. 122, par. 27-9.1)
7 Sec. 27-9.1. Sex Education.
8 (a) No pupil shall be required to take or participate in
9 any class or course in comprehensive sex education if the
10 pupil's his parent or guardian submits written objection
11 thereto, and refusal to take or participate in such course or
12 program shall not be reason for suspension or expulsion of
13 such pupil. Each class or course in comprehensive sex
14 education offered in any of grades K 6 through 12 shall
15 include instruction on the prevention of sexually transmitted
16 infections, including the prevention, transmission and spread
17 of HIV AIDS. Nothing in this Section prohibits instruction in
18 sanitation, hygiene or traditional courses in biology.
19 (b) All public elementary, junior high, and senior high
20 school classes that teach sex education and discuss sexual
21 activity or behavior intercourse shall emphasize that
22 abstinence is an effective method of preventing unintended is
23 the expected norm in that abstinence from sexual intercourse
24 is the only protection that is 100% effective against
25 unwanted teenage pregnancy, sexually transmitted diseases,
26 and HIV acquired immune deficiency syndrome (AIDS) when
27 transmitted sexually.
28 (c) In this subsection (c):
29 "Factual information" includes without limitation
30 medical, psychiatric, psychological, empirical, and
31 statistical statements.
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1 "Medically accurate" means verified or supported by
2 research conducted in compliance with scientific methods,
3 published in peer-review journals, where appropriate, and
4 recognized as accurate and objective by professional
5 organizations and agencies with expertise in the relevant
6 field.
7 All sex education courses that discuss sexual activity or
8 behavior intercourse shall satisfy the following criteria:
9 (1) Factual information presented in course
10 material and instruction shall be medically accurate and
11 objective.
12 (2) All (1) course material and instruction shall
13 be age and developmentally appropriate.
14 (3) Course material and instruction shall include a
15 discussion of sexual abstinence as a method to prevent
16 unintended pregnancy and sexually transmitted infections,
17 including HIV.
18 (4) Course material and instruction shall present
19 the latest medically factual information regarding both
20 the possible side effects and health benefits of all
21 forms of contraception, including the success and failure
22 rates for the prevention of pregnancy and sexually
23 transmitted infections, including HIV.
24 (5) Course material and instruction shall include a
25 discussion of the possible consequences of unintended
26 pregnancy and sexually transmitted infections, including
27 HIV.
28 (2) Course material and instruction shall teach
29 honor and respect for monogamous heterosexual marriage.
30 (3) Course material and instruction shall stress
31 that pupils should abstain from sexual intercourse until
32 they are ready for marriage.
33 (4) Course material and instruction shall include a
34 discussion of the possible emotional and psychological
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1 consequences of preadolescent and adolescent sexual
2 intercourse outside of marriage and the consequences of
3 unwanted adolescent pregnancy.
4 (6) (5) Course material and instruction shall
5 stress that sexually transmitted infections diseases are
6 serious possible hazards of sexual activity or behavior
7 intercourse. Pupils shall be provided with statistics
8 based on the latest medical information citing the
9 failure and success rates of all contraceptive methods
10 condoms in preventing unintended pregnancies and HIV AIDS
11 and other sexually transmitted infections diseases.
12 (7) (6) Course material and instruction shall
13 advise pupils of the laws pertaining to their financial
14 responsibility to children born in and out of wedlock.
15 (8) (7) Course material and instruction shall
16 advise pupils that it is unlawful for males or females of
17 any age to engage in sexual conduct or have sexual
18 relations with a minor as specified in of the
19 circumstances under which it is unlawful for males to
20 have sexual relations with females under the age of 18 to
21 whom they are not married pursuant to Article 12 of the
22 Criminal Code of 1961, as now or hereafter amended.
23 (9) Course material and instruction shall discuss
24 and provide for the development of positive communication
25 skills to maintain healthy relationships and avoid
26 unwanted sexual activity.
27 (10) Course material and instruction shall
28 emphasize that the pupil has the power to control
29 personal behavior. Pupils shall be encouraged to base
30 their actions on reasoning, self-discipline, sense of
31 responsibility, self-control, and ethical considerations,
32 such as respect for oneself and others.
33 (11) (8) Course material and instruction shall
34 teach pupils to not make unwanted physical and verbal
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1 sexual advances and how to say no to unwanted sexual
2 advances and shall include information about verbal,
3 physical, and visual sexual harassment, including without
4 limitation nonconsensual sexual advances, nonconsensual
5 physical sexual contact, and rape by an acquaintance. The
6 course material and instruction shall contain methods of
7 preventing sexual assault by an acquaintance, including
8 exercising good judgment and avoiding behavior that
9 impairs one's judgment. The course material and
10 instruction shall emphasize personal accountability and
11 respect for others and Pupils shall be taught that it is
12 wrong to take advantage of or to exploit another person.
13 The material and instruction shall also encourage youth
14 to resist negative peer pressure. The course material and
15 instruction shall inform pupils of the potential legal
16 consequences of sexual assault by an acquaintance.
17 Specifically, pupils shall be advised that it is unlawful
18 to touch an intimate part of another person as specified
19 in the Criminal Code of 1961.
20 (12) Course material and instruction shall teach
21 male pupils about male accountability for sexual violence
22 and shall teach female students about reducing
23 vulnerability for sexual violence.
24 (13) Course material and instruction shall teach
25 pupils about counseling, medical, and legal resources
26 available to survivors of sexual abuse and sexual
27 assault, including resources for escaping violent
28 relationships.
29 (14) Course material and instruction shall teach
30 pupils that it is wrong to take advantage of or to
31 exploit another person.
32 (15) Course material and instruction shall be free
33 of racial, ethnic, gender, religious, or sexual
34 orientation biases.
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1 (d) An opportunity shall be afforded to parents or
2 guardians to examine the instructional materials to be used
3 in such class or course.
4 (Source: P.A. 86-941.)
5 (105 ILCS 5/27-9.2) (from Ch. 122, par. 27-9.2)
6 Sec. 27-9.2. Family Life.
7 (a) If any school district provides courses of
8 instruction designed to promote wholesome and comprehensive
9 understanding of the emotional, psychological, physiological,
10 hygienic and social responsibility aspects of family life,
11 then such courses of instruction shall include the teaching
12 of prevention of unintended pregnancy and all options related
13 to unintended pregnancy, as the alternatives to abortion,
14 appropriate to the various grade levels; and whenever such
15 courses of instruction are provided in any of grades K 6
16 through 12, then such courses also shall include age
17 appropriate instruction on the prevention of sexually
18 transmitted infections, including the prevention,
19 transmission and spread of HIV AIDS. However, no pupil shall
20 be required to take or participate in any family life class
21 or course on HIV AIDS instruction if his parent or guardian
22 submits written objection thereto, and refusal to take or
23 participate in such course or program shall not be reason for
24 suspension or expulsion of such pupil.
25 (b) In this subsection (b):
26 "Factual information" includes without limitation
27 medical, psychiatric, psychological, empirical, and
28 statistical statements.
29 "Medically accurate" means verified or supported by
30 research conducted in compliance with scientific methods,
31 published in peer-review journals, where appropriate, and
32 recognized as accurate and objective by professional
33 organizations and agencies with expertise in the relevant
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1 field.
2 All family life courses of instruction shall satisfy the
3 following criteria:
4 (1) Factual information presented in course
5 material and instruction shall be medically accurate and
6 objective.
7 (2) All course material and instruction in classes
8 that teach sex education and discuss sexual activity or
9 behavior shall be age and developmentally appropriate.
10 (3) Course material and instruction shall include a
11 discussion of sexual abstinence as a method to prevent
12 unintended pregnancy and sexually transmitted infections,
13 including HIV.
14 (4) Course material and instruction shall present
15 the latest medically factual information regarding both
16 the possible side effects and health benefits of all
17 forms of contraception, including the success and failure
18 rates for the prevention of pregnancy and sexually
19 transmitted infections, including HIV.
20 (5) Course material and instruction shall stress
21 that sexually transmitted infections are serious possible
22 hazards of sexual activity or behavior. Pupils shall be
23 provided with statistics based on the latest medical
24 information citing the failure and success rates of all
25 contraceptive methods in preventing unintended pregnancy
26 and HIV and other sexually transmitted infections.
27 (6) Course material and instruction shall advise
28 pupils that it is unlawful for males or females of any
29 age to engage in sexual conduct or have sexual relations
30 with a minor as specified in Article 12 of the Criminal
31 Code of 1961.
32 (7) Course material and instruction shall discuss
33 and provide for the development of positive communication
34 skills to maintain healthy relationships and avoid
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1 unwanted sexual activity.
2 (8) Course material and instruction shall emphasize
3 that the pupil has the power to control personal
4 behavior. Pupils shall be encouraged to base their
5 actions on reasoning, self-discipline, sense of
6 responsibility, self-control, and ethical considerations,
7 such as respect for oneself and others.
8 (9) Course material and instruction shall teach
9 pupils to not make unwanted physical and verbal sexual
10 advances and how to say no to unwanted sexual advances
11 and shall include information about verbal, physical, and
12 visual sexual harassment, including without limitation
13 nonconsensual sexual advances, nonconsensual physical
14 sexual contact, and rape by an acquaintance. The course
15 material and instruction shall contain methods of
16 preventing sexual assault by an acquaintance, including
17 exercising good judgment and avoiding behavior that
18 impairs one's judgment. The course material and
19 instruction shall emphasize personal accountability and
20 respect for others and shall also encourage youth to
21 resist negative peer pressure. The course material and
22 instruction shall inform pupils of the potential legal
23 consequences of sexual assault by an acquaintance.
24 Specifically, pupils shall be advised that it is unlawful
25 to touch an intimate part of another person, as specified
26 in the Criminal Code of 1961.
27 (10) Course material and instruction shall teach
28 male pupils about male accountability for sexual violence
29 and shall teach female students about reducing
30 vulnerability for sexual violence.
31 (11) Course material and instruction shall teach
32 pupils about counseling, medical, and legal resources
33 available to survivors of sexual abuse and sexual
34 assault, including resources for escaping violent
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1 relationships.
2 (12) Course material and instruction in classes
3 that discuss sexual activity or behavior shall teach
4 pupils that it is wrong to take advantage of or to
5 exploit another person.
6 (13) Course material and instruction shall be free
7 of racial, ethnic, gender, religious, and sexual
8 orientation biases.
9 (c) The State Superintendent of Education shall prepare
10 and make available to local school districts courses of
11 instruction designed to satisfy the requirements of this
12 Section.
13 The State Superintendent of Education shall develop a
14 procedure for evaluating and measuring the effectiveness of
15 the family life courses of instruction in each local school
16 district, including the setting of reasonable goals for
17 reduced sexual activity, sexually transmitted diseases and
18 premarital pregnancy. The goals shall be set by the beginning
19 of the 1991-92 school year. The State Superintendent shall
20 distribute a copy of the procedure to each local school
21 district. Each local school district may develop additional
22 procedures or methods for measuring the effectiveness of the
23 family life courses of instruction within the district.
24 Before the beginning of the 1993-94 school year, the State
25 Superintendent shall collect and evaluate all relevant data
26 to determine whether the goals are being achieved.
27 (Source: P.A. 86-941.)
28 Section 10. The Critical Health Problems and
29 Comprehensive Health Education Act is amended by changing
30 Sections 2 and 3 as follows:
31 (105 ILCS 110/2) (from Ch. 122, par. 862)
32 Sec. 2. Definitions. In this Act, the following terms
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1 shall have the following meanings respectively prescribed for
2 them, except as the context otherwise requires:
3 (a) "Comprehensive Health Education Program": a
4 systematic and extensive educational program designed to
5 provide a variety of learning experiences based upon
6 scientific knowledge of the human organism as it functions
7 within its environment which will favorably influence the
8 knowledge, attitudes, values and practices of Illinois school
9 youth; and which will aid them in making wise personal
10 decisions in matters of health.
11 "Factual information" includes without limitation
12 medical, psychiatric, psychological, empirical, and
13 statistical statements.
14 "Medically accurate" means verified or supported by
15 research conducted in compliance with scientific methods,
16 published in peer-review journals, where appropriate, and
17 recognized as accurate and objective by professional
18 organizations and agencies with expertise in the relevant
19 field.
20 (Source: P.A. 77-1405.)
21 (105 ILCS 110/3) (from Ch. 122, par. 863)
22 Sec. 3. Comprehensive Health Education Program.
23 (a) The program established under this Act shall
24 include, but not be limited to, the following major
25 educational areas as a basis for curricula in all elementary
26 and secondary schools in this State: human ecology and
27 health, human growth and development, the emotional,
28 psychological, physiological, hygienic and social
29 responsibilities of family life, including sexual abstinence
30 and prevention of unintended pregnancy until marriage,
31 prevention and control of disease, including age appropriate
32 instruction in grades K 6 through 12 on the prevention of
33 sexually transmitted infections, including the prevention,
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1 transmission and spread of HIV AIDS, public and environmental
2 health, consumer health, safety education and disaster
3 survival, mental health and illness, personal health habits,
4 alcohol, drug use, and abuse including the medical and legal
5 ramifications of alcohol, drug, and tobacco use, abuse during
6 pregnancy, sexual abstinence until marriage, tobacco,
7 nutrition, and dental health.
8 (b) All comprehensive health education programs
9 established under this Act shall satisfy the following
10 criteria:
11 (1) Factual information presented in course
12 material and instruction shall be medically accurate and
13 objective.
14 (2) All course material and instruction in classes
15 that teach sex education and discuss sexual activity or
16 behavior shall be age and developmentally appropriate.
17 (3) Course material and instruction shall include a
18 discussion of sexual abstinence as a method to prevent
19 unintended pregnancy and sexually transmitted infections,
20 including HIV.
21 (4) Course material and instruction shall present
22 the latest medically factual information regarding both
23 the possible side effects and health benefits of all
24 forms of contraception, including the success and failure
25 rates for the prevention of pregnancy and sexually
26 transmitted infections, including HIV.
27 (5) Course material and instruction shall stress
28 that sexually transmitted infections are serious possible
29 hazards of sexual activity or behavior. Pupils shall be
30 provided with statistics based on the latest medical
31 information citing the failure and success rates of all
32 methods of contraception in preventing HIV and other
33 sexually transmitted infections.
34 (6) Course material and instruction shall advise
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1 pupils that it is unlawful for males or females of any
2 age to engage in sexual conduct or have sexual relations
3 with a minor as specified in Article 12 of the Criminal
4 Code of 1961.
5 (7) Course material and discussion shall discuss
6 and provide for the development of positive communication
7 skills to maintain healthy relationships and avoid
8 unwanted sexual activity.
9 (8) Course material and instruction shall emphasize
10 that the pupil has the power to control personal
11 behavior. Pupils shall be encouraged to base their
12 actions on reasoning, self-discipline, sense of
13 responsibility, self-control, and ethical considerations,
14 such as respect for oneself and others.
15 (9) Course material and instruction shall teach
16 pupils to not make unwanted physical and verbal sexual
17 advances and how to say no to unwanted sexual advances
18 and shall include information about verbal, physical, and
19 visual sexual harassment, including without limitation
20 nonconsensual sexual advances, nonconsensual physical
21 sexual contact, and rape by an acquaintance. The course
22 material and instruction shall contain methods of
23 preventing sexual assault by an acquaintance, including
24 exercising good judgment and avoiding behavior that
25 impairs one's judgment. The course material and
26 instruction shall emphasize personal accountability and
27 respect for others and shall also encourage youth to
28 resist negative peer pressure. The course material and
29 instruction shall inform pupils of the potential legal
30 consequences of sexual assault by an acquaintance.
31 Specifically, pupils shall be advised that it is unlawful
32 to touch an intimate part of another person as specified
33 in the Criminal Code of 1961.
34 (10) Course material and instruction shall teach
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1 male pupils about male accountability for sexual violence
2 and shall teach female students about reducing
3 vulnerability for sexual violence.
4 (11) Course material and instruction shall teach
5 pupils about counseling, medical, and legal resources
6 available to survivors of sexual abuse and sexual
7 assault, including resources for escaping violent
8 relationships.
9 (12) Course material and instruction in classes
10 that discuss sexual activity or behavior shall teach
11 pupils that it is wrong to take advantage of or to
12 exploit another person.
13 (13) Course material and instruction shall be free
14 of racial, ethnic, gender, religious, or sexual
15 orientation biases.
16 (c) Notwithstanding the above educational areas, the
17 following areas may also be included as a basis for curricula
18 in all elementary and secondary schools in this State: basic
19 first aid (including, but not limited to, cardiopulmonary
20 resuscitation and the Heimlich maneuver), early prevention
21 and detection of cancer, heart disease, diabetes, stroke, and
22 the prevention of child abuse, neglect, and suicide. The
23 school board of each public elementary and secondary school
24 in the State shall encourage all teachers and other school
25 personnel to acquire, develop, and maintain the knowledge and
26 skills necessary to properly administer life-saving
27 techniques, including without limitation the Heimlich
28 maneuver and rescue breathing. The training shall be in
29 accordance with standards of the American Red Cross, the
30 American Heart Association, or another nationally recognized
31 certifying organization. A school board may use the services
32 of non-governmental entities whose personnel have expertise
33 in life-saving techniques to instruct teachers and other
34 school personnel in these techniques. Each school board is
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1 encouraged to have in its employ, or on its volunteer staff,
2 at least one person who is certified, by the American Red
3 Cross or by another qualified certifying agency, as qualified
4 to administer first aid and cardiopulmonary resuscitation.
5 In addition, each school board is authorized to allocate
6 appropriate portions of its institute or inservice days to
7 conduct training programs for teachers and other school
8 personnel who have expressed an interest in becoming
9 qualified to administer emergency first aid or
10 cardiopulmonary resuscitation. School boards are urged to
11 encourage their teachers and other school personnel who coach
12 school athletic programs and other extracurricular school
13 activities to acquire, develop, and maintain the knowledge
14 and skills necessary to properly administer first aid and
15 cardiopulmonary resuscitation in accordance with standards
16 and requirements established by the American Red Cross or
17 another qualified certifying agency.
18 (d) No pupil shall be required to take or participate in
19 any class or course on HIV AIDS or family life instruction if
20 his parent or guardian submits written objection thereto, and
21 refusal to take or participate in the course or program shall
22 not be reason for suspension or expulsion of the pupil.
23 (e) Curricula developed under programs established in
24 accordance with this Act in the major educational area of
25 alcohol and drug use and abuse shall include classroom
26 instruction in grades 5 through 12. The instruction, which
27 shall include matters relating to both the physical and legal
28 effects and ramifications of drug and substance abuse, shall
29 be integrated into existing curricula; and the State Board of
30 Education shall develop and make available to all elementary
31 and secondary schools in this State instructional materials
32 and guidelines which will assist the schools in incorporating
33 the instruction into their existing curricula. In addition,
34 school districts may offer, as part of existing curricula
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1 during the school day or as part of an after school program,
2 support services and instruction for pupils or pupils whose
3 parent, parents, or guardians are chemically dependent.
4 (Source: P.A. 92-23, eff. 7-1-01.)
5 Section 90. The State Mandates Act is amended by adding
6 Section 8.27 as follows:
7 (30 ILCS 805/8.27 new)
8 Sec. 8.27. Exempt mandate. Notwithstanding Sections 6
9 and 8 of this Act, no reimbursement by the State is required
10 for the implementation of any mandate created by this
11 amendatory Act of the 93rd General Assembly.
12 Section 99. Effective date. This Act takes effect upon
13 becoming law.