Illinois General Assembly - Full Text of HB5349
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Full Text of HB5349  102nd General Assembly

HB5349 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB5349

 

Introduced 1/31/2022, by Rep. Tony McCombie

 

SYNOPSIS AS INTRODUCED:
 
105 ILCS 5/27-9.1a

    Amends the Courses of Study Article of the School Code. Provides that if the parent or guardian of a student wants the student to receive comprehensive personal health and safety and comprehensive sexual health education, the student's parent or guardian must opt the student in to receive that education (rather than allowing a student's parent or guardian to opt the student out of comprehensive personal health and safety and comprehensive sexual health education). Makes conforming changes. Effective immediately.


LRB102 21826 CMG 30946 b

 

 

A BILL FOR

 

HB5349LRB102 21826 CMG 30946 b

1    AN ACT concerning education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The School Code is amended by changing Section
527-9.1a as follows:
 
6    (105 ILCS 5/27-9.1a)
7    Sec. 27-9.1a. Comprehensive personal health and safety and
8comprehensive sexual health education.
9    (a) In this Section:
10    "Adapt" means to modify an evidence-based or
11evidence-informed program model for use with a particular
12demographic, ethnic, linguistic, or cultural group.
13    "Age and developmentally appropriate" means suitable to
14particular ages or age groups of children and adolescents,
15based on the developing cognitive, emotional, and behavioral
16capacity typical for the age or age group.
17    "Characteristics of effective programs" includes
18development, content, and implementation of such programs that
19(i) have been shown to be effective in terms of increasing
20knowledge, clarifying values and attitudes, increasing skills,
21and impacting behavior, (ii) are widely recognized by leading
22medical and public health agencies to be effective in changing
23sexual behaviors that lead to sexually transmitted infections,

 

 

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1including HIV, unintended pregnancy, interpersonal violence,
2and sexual violence among young people, and (iii) are taught
3by professionals who provide a safe learning space, free from
4shame, stigma, and ideology and are trained in trauma-informed
5teaching methodologies.
6    "Complete" means information that aligns with the National
7Sex Education Standards, including information on consent and
8healthy relationships, anatomy and physiology, puberty and
9adolescent sexual development, gender identity and expression,
10sexual orientation and identity, sexual health, and
11interpersonal violence.
12    "Comprehensive personal health and safety education" means
13age and developmentally appropriate education that aligns with
14the National Sex Education Standards, including information on
15consent and healthy relationships, anatomy and physiology,
16puberty and adolescent sexual development, gender identity and
17expression, sexual orientation and identity, sexual health,
18and interpersonal violence.
19    "Comprehensive sexual health education" means age and
20developmentally appropriate education that aligns with the
21National Sex Education Standards, including information on
22consent and healthy relationships, anatomy and physiology,
23puberty and adolescent sexual development, gender identity and
24expression, sexual orientation and identity, sexual health,
25and interpersonal violence.
26    "Consent" means an affirmative, knowing, conscious,

 

 

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1ongoing, and voluntary agreement to engage in interpersonal,
2physical, or sexual activity, which can be revoked at any
3point, including during the course of interpersonal, physical,
4or sexual activity.
5    "Culturally appropriate" means affirming culturally
6diverse individuals, families, and communities in an
7inclusive, respectful, and effective manner, including
8materials and instruction that are inclusive of race,
9ethnicity, language, cultural background, immigration status,
10religion, disability, gender, gender identity, gender
11expression, sexual orientation, and sexual behavior.
12    "Evidence-based program" means a program for which
13systematic, empirical research or evaluation has provided
14evidence of effectiveness.
15    "Evidence-informed program" means a program that uses the
16best available research and practice knowledge to guide
17program design and implementation.
18    "Gender stereotype" means a generalized view or
19preconception about what attributes, characteristics, or roles
20are or ought to be taught, possessed by, or performed by people
21based on their gender identity.
22    "Healthy relationships" means relationships between
23individuals that consist of mutual respect, trust, honesty,
24support, fairness, equity, separate identities, physical and
25emotional safety, and good communication.
26    "Identity" means people's understanding of how they

 

 

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1identify their sexual orientation, gender, gender identity, or
2gender expression without stereotypes, shame, or stigma.
3    "Inclusive" means inclusion of marginalized communities
4that include, but are not limited to, people of color,
5immigrants, people of diverse sexual orientations, gender
6identities, and gender expressions, people who are intersex,
7people with disabilities, people who have experienced
8interpersonal or sexual violence, and others.
9    "Interpersonal violence" means violent behavior used to
10establish power and control over another person.
11    "Medically accurate" means verified or supported by the
12weight of research conducted in compliance with accepted
13scientific methods and published in peer-reviewed journals, if
14applicable, or comprising information recognized as accurate
15and objective.
16    "Pre-exposure Prophylaxis (PrEP)" means medications
17approved by the federal Food and Drug Administration (FDA) and
18recommended by the United States Public Health Service or the
19federal Centers for Disease Control and Prevention for HIV
20pre-exposure prophylaxis and related pre-exposure prophylaxis
21services, including, but not limited to, HIV and sexually
22transmitted infection screening, treatment for sexually
23transmitted infections, medical monitoring, laboratory
24services, and sexual health counseling, to reduce the
25likelihood of HIV infection for individuals who are not living
26with HIV but are vulnerable to HIV exposure.

 

 

HB5349- 5 -LRB102 21826 CMG 30946 b

1    "Post-exposure Prophylaxis (PeP)" means the medications
2that are recommended by the federal Centers for Disease
3Control and Prevention and other public health authorities to
4help prevent HIV infection after potential occupational or
5non-occupational HIV exposure.
6    "Sexual violence" means discrimination, bullying,
7harassment, including sexual harassment, sexual abuse, sexual
8assault, intimate partner violence, incest, rape, and human
9trafficking.
10    "Trauma informed" means to address vital information about
11sexuality and well-being that takes into consideration how
12adverse life experiences may potentially influence a person's
13well-being and decision making.
14    (b) All classes that teach comprehensive personal health
15and safety and comprehensive sexual health education shall
16satisfy the following criteria:
17        (1) Course material and instruction shall be age and
18    developmentally appropriate, medically accurate,
19    complete, culturally appropriate, inclusive, and trauma
20    informed.
21        (2) Course material and instruction shall replicate
22    evidence-based or evidence-informed programs or
23    substantially incorporate elements of evidence-based
24    programs or evidence-informed programs or characteristics
25    of effective programs.
26        (3) Course material and instruction shall be inclusive

 

 

HB5349- 6 -LRB102 21826 CMG 30946 b

1    and sensitive to the needs of students based on their
2    status as pregnant or parenting, living with STIs,
3    including HIV, sexually active, asexual, or intersex or
4    based on their gender, gender identity, gender expression,
5    sexual orientation, sexual behavior, or disability.
6        (4) Course material and instruction shall be
7    accessible to students with disabilities, which may
8    include the use of a modified curriculum, materials,
9    instruction in alternative formats, assistive technology,
10    and auxiliary aids.
11        (5) Course material and instruction shall help
12    students develop self-advocacy skills for effective
13    communication with parents or guardians, health and social
14    service professionals, other trusted adults, and peers
15    about sexual health and relationships.
16        (6) Course material and instruction shall provide
17    information to help students develop skills for developing
18    healthy relationships and preventing and dealing with
19    interpersonal violence and sexual violence.
20        (7) Course material and instruction shall provide
21    information to help students safely use the Internet,
22    including social media, dating or relationship websites or
23    applications, and texting.
24        (8) Course material and instruction shall provide
25    information about local resources where students can
26    obtain additional information and confidential services

 

 

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1    related to parenting, bullying, interpersonal violence,
2    sexual violence, suicide prevention, sexual and
3    reproductive health, mental health, substance abuse,
4    sexual orientation, gender identity, gender expression,
5    and other related issues.
6        (9) Course material and instruction shall include
7    information about State laws related to minor
8    confidentiality and minor consent, including exceptions,
9    consent education, mandated reporting of child abuse and
10    neglect, the safe relinquishment of a newborn child,
11    minors' access to confidential health care and related
12    services, school policies addressing the prevention of and
13    response to interpersonal and sexual violence, school
14    breastfeeding accommodations, and school policies
15    addressing the prevention of and response to sexual
16    harassment.
17        (10) Course material and instruction may not reflect
18    or promote bias against any person on the basis of the
19    person's race, ethnicity, language, cultural background,
20    citizenship, religion, HIV status, family structure,
21    disability, gender, gender identity, gender expression,
22    sexual orientation, or sexual behavior.
23        (11) Course material and instruction may not employ
24    gender stereotypes.
25        (12) Course material and instruction shall be
26    inclusive of and may not be insensitive or unresponsive to

 

 

HB5349- 8 -LRB102 21826 CMG 30946 b

1    the needs of survivors of interpersonal violence and
2    sexual violence.
3        (13) Course material and instruction may not
4    proselytize any religious doctrine.
5        (14) Course material and instruction may not
6    deliberately withhold health-promoting or life-saving
7    information about culturally appropriate health care and
8    services, including reproductive health services, hormone
9    therapy, and FDA-approved treatments and options,
10    including, but not limited to, Pre-exposure Prophylaxis
11    (PrEP) and Post-exposure Prophylaxis (PeP).
12        (15) Course material and instruction may not be
13    inconsistent with the ethical imperatives of medicine and
14    public health.
15    (c) A school may utilize guest lecturers or resource
16persons to provide instruction or presentations in accordance
17with Section 10-22.34b. Comprehensive personal health and
18safety and comprehensive sexual health education instruction
19and materials provided by guest lecturers or resource persons
20may not conflict with the provisions of this Section.
21    (d) No student shall be required to take or participate in
22any class or course in comprehensive personal health and
23safety and comprehensive sexual health education. If the
24parent or guardian of a student wants the student to receive
25comprehensive personal health and safety and comprehensive
26sexual health education, the A student's parent or guardian

 

 

HB5349- 9 -LRB102 21826 CMG 30946 b

1must may opt the student in to receive that out of
2comprehensive personal health and safety and comprehensive
3sexual health education by submitting the request in writing.
4Refusal to take or participate in such a course or program may
5not be a reason for disciplinary action, academic penalty,
6suspension, or expulsion or any other sanction of a student. A
7school district may not require active parental consent for
8comprehensive personal health and safety and comprehensive
9sexual health education.
10    (e) An opportunity shall be afforded to individuals,
11including parents or guardians, to review the scope and
12sequence of instructional materials to be used in a class or
13course under this Section, either electronically or in person.
14A school district shall annually post, on its Internet website
15if one exists, which curriculum is used to provide
16comprehensive personal health and safety and comprehensive
17sexual health education and the name and contact information,
18including an email address, of school personnel who can
19respond to inquiries about instruction and materials.
20    (f) On or before August 1, 2022, the State Board of
21Education, in consultation with youth, parents, sexual health
22and violence prevention experts, health care providers,
23advocates, and education practitioners, including, but not
24limited to, administrators, regional superintendents of
25schools, teachers, and school support personnel, shall develop
26and adopt rigorous learning standards in the area of

 

 

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1comprehensive personal health and safety education for pupils
2in kindergarten through the 5th grade and comprehensive sexual
3health education for pupils in the 6th through 12th grades,
4including, but not limited to, all of the National Sex
5Education Standards, including information on consent and
6healthy relationships, anatomy and physiology, puberty and
7adolescent sexual development, gender identity and expression,
8sexual orientation and identity, sexual health, and
9interpersonal violence, as authored by the Future of Sex
10Education Initiative. As the National Sex Education Standards
11are updated, the State Board of Education shall update these
12learning standards.
13    (g) By no later than August 1, 2022, the State Board of
14Education shall make available resource materials developed in
15consultation with stakeholders, with the cooperation and input
16of experts that provide and entities that promote age and
17developmentally appropriate, medically accurate, complete,
18culturally appropriate, inclusive, and trauma-informed
19comprehensive personal health and safety and comprehensive
20sexual health education policy. Materials may include, without
21limitation, model comprehensive personal health and safety and
22comprehensive sexual health education resources and programs.
23The State Board of Education shall make these resource
24materials available on its Internet website, in a clearly
25identified and easily accessible place.
26    (h) Schools may choose and adapt the age and

 

 

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1developmentally appropriate, medically accurate, complete,
2culturally appropriate, inclusive, and trauma-informed
3comprehensive personal health and safety and comprehensive
4sexual health education curriculum that meets the specific
5needs of their community. All instruction and materials,
6including materials provided or presented by outside
7consultants, community groups, or organizations, may not
8conflict with the provisions of this Section.
9    (i) The State Board of Education shall, through existing
10reporting mechanisms if available, direct each school district
11to identify the following:
12        (1) if instruction on comprehensive personal health
13    and safety and comprehensive sexual health education is
14    provided;
15        (2) whether the instruction was provided by a teacher
16    in the school, a consultant, or a community group or
17    organization and specify the name of the outside
18    consultant, community group, or organization;
19        (3) the number of students opting to receive receiving
20    instruction;
21        (4) the number of students not opting to receive
22    excused from instruction; and
23        (5) the duration of instruction.
24    The State Board of Education shall report the results of
25this inquiry to the General Assembly annually, for a period of
265 years beginning one year after the effective date of this

 

 

HB5349- 12 -LRB102 21826 CMG 30946 b

1amendatory Act of the 102nd General Assembly.
2(Source: P.A. 102-522, eff. 8-20-21.)
 
3    Section 99. Effective date. This Act takes effect upon
4becoming law.