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Full Text of SB0647  102nd General Assembly

SB0647 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB0647

 

Introduced 2/24/2021, by Sen. Ram Villivalam

 

SYNOPSIS AS INTRODUCED:
 
105 ILCS 5/10-23.13
105 ILCS 5/27-9.1a new
105 ILCS 5/27A-5
105 ILCS 5/34-18.8  from Ch. 122, par. 34-18.8
105 ILCS 5/27-9.1 rep.
105 ILCS 5/27-9.2 rep.
105 ILCS 5/27-11 rep.

    Amends the School Code. Makes changes to the provisions of the Code relating to policies addressing sexual abuse. In the Courses of Study Article, repeals the sex education, family life, and instruction on diseases provisions. Instead, creates an age-appropriate comprehensive sex education program that shall be taught to students enrolled in kindergarten through 12th grade. Provides that the sex education curricula shall, among other provisions, provide information regarding sexual health, consent, personal safety, pregnancy, and sexually transmitted diseases. Provides that the instruction, among other provisions, shall incorporate discussion about diversity in cultures, families, gender identity, economic status, and the roles that these factors play in the development of sexual health and human relationships. Contains provisions that allow a parent or guardian to excuse his or her child from receiving the instruction. Provides for the formation of a committee to assist in the implementation of these provisions. Makes changes in the Chicago School District Article concerning AIDS training. Effective immediately.


LRB102 11436 CMG 16769 b

FISCAL NOTE ACT MAY APPLY
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

 

 

A BILL FOR

 

SB0647LRB102 11436 CMG 16769 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 Sections
510-23.13, 27A-5, and 34-18.8 and by adding Section 27-9.1a as
6follows:
 
7    (105 ILCS 5/10-23.13)
8    Sec. 10-23.13. Policies addressing sexual abuse. Beginning
9no later than July 1, 2023, a school district shall To adopt
10and implement a policy addressing sexual abuse of children
11that shall may include age-appropriate curriculum for students
12in pre-K through 12th 5th grade; training for school personnel
13on child sexual abuse; educational information to parents or
14guardians provided in the school handbook on the warning signs
15of a child being abused, along with any needed assistance,
16referral, or resource information; available counseling and
17resources for students affected by sexual abuse; and emotional
18and educational support for a child of abuse to continue to be
19successful in school.
20    A Any policy adopted under the Section shall may address
21without limitation:
22        (1) methods for increasing teacher, student, and
23    parent awareness of issues regarding sexual abuse of

 

 

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1    children, including knowledge of likely warning signs
2    indicating that a child may be a victim of sexual abuse,
3    and the provision of information on how to prevent child
4    abuse from happening;
5        (1.5) training for school personnel, including, but
6    not limited to, training as outlined in Section 10-22.39;
7        (2) options actions that a student child who is a
8    victim of sexual abuse has should take to obtain
9    assistance and intervention; and
10        (3) available counseling options for students affected
11    by sexual abuse; and .
12        (4) methods for educating school personnel, students,
13    and staff on how to report child abuse.
14    This Section may be referred to as Erin's Law.
15(Source: P.A. 96-1524, eff. 2-14-11.)
 
16    (105 ILCS 5/27-9.1a new)
17    Sec. 27-9.1a. Responsible education for adolescents and
18children health (REACH).
19    (a) The General Assembly finds all of the following:
20        (1) Sex education can encourage better sexual health
21    outcomes, reduce stigma, and prepare young people to lead
22    healthy and fulfilling lives.
23        (2) Students who receive sex education that includes
24    health-positive instruction on sexual orientation, gender
25    identity, and gender expression report less bullying and

 

 

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1    harassment.
2        (3) Parents, the general public, and young people
3    overwhelmingly support comprehensive sex education.
4        (4) Polling has found that 96% of parents support
5    providing sex education in high school and 93% support sex
6    education in middle school.
7        (5) The leading health and education organizations
8    support sex education that includes information about both
9    delaying sexual activity and contraceptive use.
10        (6) Students often lack the education needed to
11    prevent pregnancy, HIV and other sexually transmitted
12    infections, to develop healthy relationships, to plan for
13    personal safety, and to develop decision-making skills.
14        (7) Schools have a responsibility to address child
15    abuse, harassment, bullying, inter-personal violence, and
16    personal safety issues, which can have a significant
17    impact on a student's emotional and physical well-being
18    and academic success.
19    It is the intent of the General Assembly that
20comprehensive sex education shall promote awareness and
21healthy attitudes about growth and development, body image,
22gender identity, gender expression, sexuality, sexual health,
23sexual orientation, consent, dating, relationships, and
24families; should be designed to promote positive behaviors and
25reduce health-related risk behaviors; and must be available to
26students in kindergarten through 12th grade and provide

 

 

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1students with the information, skills, and support needed to
2acquire accurate information to make healthy decisions
3throughout their lives.
4    (b) In this Section:
5    "Abstinence" means to refrain from engaging in any sexual
6behavior or from engaging in specific sexual behavior, such as
7sexual intercourse, either continuously or periodically.
8    "Age and developmentally appropriate" means suitable for a
9particular age or age group of children and adolescents, based
10on the cognitive, emotional, and behavioral development
11typical of that age or age group.
12    "Characteristics of effective programs" means the aspects
13of evidence-based programs, including development, content,
14and the implementation of programs that have been shown to be
15effective in increasing knowledge, clarifying values and
16attitudes, increasing skills, and impacting behavior and are
17widely recognized by leading medical and public health
18agencies to be effective in changing sexual behaviors that
19lead to sexually transmitted infections, including HIV,
20unintended pregnancy, dating violence, and sexual violence
21among young people.
22    "Comprehensive sex education" means instruction in a
23comprehensive school health education approach that addresses
24the physical, mental, emotional, and social dimensions of
25human sexuality and is designed to motivate and assist
26students in maintaining and improving sexual health,

 

 

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1preventing disease, and reducing sexual health-related risk
2behaviors and to enable and empower students to develop and
3demonstrate developmentally and culturally appropriate
4sexuality and sexual health-related knowledge, attitudes,
5skills, and practices.
6    "Consent" means knowing, affirmative, conscious, and
7voluntary agreement to engage in specific interpersonal,
8physical, or sexual activity at a given time.
9    "Culturally appropriate" means materials and instruction
10that respond to culturally diverse individuals, families, and
11communities in an inclusive, respectful, and effective manner.
12"Culturally appropriate" includes materials and instruction
13that are inclusive of the experiences and needs of communities
14of color, communities of all ethnic and cultural backgrounds,
15immigrant communities, English learners, people of diverse
16sexual orientations, gender identities, and gender
17expressions, people who are intersex, people who have physical
18or intellectual disabilities, people who have experienced
19sexual victimization, and people whose experiences have
20traditionally been left out of sexual health education,
21programs, and policies.
22    "Gender stereotype" means a generalized view or
23preconception about what attributes, characteristics, or roles
24are or ought to be taught, possessed by, or performed by women
25and men.
26    "Inclusive" means a curriculum that ensures that students

 

 

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1from historically marginalized communities that include, but
2are not limited to, communities of color, immigrant
3communities, people of diverse sexual orientations, gender
4identities, and gender expressions, people who are intersex,
5people who have disabilities, people who have experienced
6sexual victimization, and others whose experiences have been
7traditionally left out of sex education programs and policies
8are included in classroom materials and lessons.
9    "Instructors trained in appropriate courses" means
10instructors who have knowledge of the most recent medically
11accurate and complete research on human sexuality, health
12relationships, pregnancy, HIV, and other sexually transmitted
13infections.
14    "Medically accurate and complete" means that the
15information provided through the instruction is verified or
16supported by research conducted in compliance with accepted
17scientific methods and is published in peer-reviewed journals
18by the federal Centers for Disease Control and Prevention, the
19American Public Health Association, the American Academy of
20Pediatrics, and the American College of Obstetricians and
21Gynecologists, if applicable, or the program contains
22information that leading professional public health or medical
23organizations, government agencies, and scientific advisory
24groups with relevant expertise in the field recognize as
25accurate, objective, and complete. Also, the program does not
26withhold information about external anatomy involved in sexual

 

 

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1functioning or in the effectiveness and benefits of correct
2and consistent use of condoms and other contraceptives.
3    "Sexting" means the act of sending, sharing, receiving, or
4forwarding a sexually explicit or sexually suggestive image,
5video, or text message by a digital or electronic device,
6including, but not limited to, a mobile or cellular telephone
7or a computer.
8    "Sexual violence" means an act of a sexual nature that is
9committed or attempted by another person without the freely
10given consent of the victim or against someone who is unable to
11consent or refuse. "Sexual violence" includes acts of sexual
12harassment, sexual abuse, and sexual assault.
13    "Sexual development" means the lifelong process of
14physical, behavioral, cognitive, and emotional growth and
15changes as it relates to an individual's sexuality and sexual
16maturation. "Sexual development" includes puberty, identity
17development, socio-cultural influences, and sexual behaviors.
18    "Trauma informed" means to address vital information about
19sexuality and well-being that takes into consideration how
20adverse life experiences may potentially influence sexual
21decision making.
22    (c) Comprehensive sex education requirements under this
23Section are as follows:
24        (1) Beginning no later than July 1, 2022,
25    comprehensive sex education shall do all of the following:
26            (A) Reflect the characteristics of effective

 

 

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1        programs.
2            (B) Use and implement curricula that is trauma
3        informed.
4            (C) Use or adopt curricula that are inclusive and
5        address the experiences and needs of all youth in the
6        school. Instruction must be accessible to pupils with
7        disabilities, and may include the use of a modified
8        curriculum, materials, instruction in alternative
9        formats, and auxiliary aids.
10            (D) Not discriminate on the basis of sex, race,
11        ethnicity, national origin, disability, religion,
12        gender expression, gender identity, or sexual
13        orientation.
14            (E) Allow instructors trained in appropriate
15        courses to answer questions initiated by a student
16        that are related to and consistent with the material
17        of the course.
18        (2) Beginning no later than July 1, 2022,
19    comprehensive sex education may not:
20            (A) use shame-based or stigmatizing language or
21        instructional tools or stigmatize parenting or
22        sexually active youth;
23            (B) stigmatize or further victimize students
24        impacted by sexual violence;
25            (C) employ gender stereotypes;
26            (D) exclude the health needs of individuals who

 

 

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1        are intersex or individuals of diverse sexual
2        orientations, gender identities, or gender
3        expressions; or
4            (E) teach or promote any religious doctrine.
5        (3) Beginning no later than July 1, 2022,
6    comprehensive sex education instruction and materials,
7    including materials provided or presented by outside
8    organizations or guest speakers, may not conflict with the
9    provisions of this Section.
10        (4) Beginning no later than July 1, 2022, a school
11    district shall provide inclusive, medically accurate and
12    complete, age and developmentally appropriate, and
13    culturally appropriate comprehensive sex education in the
14    6th through 12th grades in all public schools, including
15    charter schools. Comprehensive sex education in the 6th
16    through 12th grades shall include age and developmentally
17    appropriate instruction on all of the following topics:
18            (A) The physical, social, and emotional changes of
19        human development.
20            (B) Human anatomy, reproduction, and sexual
21        development.
22            (C) Healthy relationships, including family and
23        friendships, that are based on mutual consent and
24        developing the ability to distinguish between healthy
25        and unhealthy relationships. Such instruction shall
26        include, but not be limited to:

 

 

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1                (i) how to promote personal safety;
2                (ii) an examination of the harm caused by
3            gender-role stereotypes, violence, coercion,
4            bullying, and intimidation in relationships, both
5            in person and through means of technology; and
6                (iii) the exploration about how gender
7            stereotypes can limit all people.
8            (D) Healthy decision-making skills about sexuality
9        and relationships. Such instruction shall include, but
10        not be limited to:
11                (i) critical thinking, problem solving,
12            self-efficacy, and decision making; and
13                (ii) exploring individual values and
14            attitudes.
15            (E) The promotion of positive body image among
16        students to develop an understanding that there is a
17        range of body types and to feel positive about one's
18        own body type.
19            (F) The promotion of positive sexuality, the
20        reality that there is a range of healthy sexual
21        behaviors, and students should feel positive about
22        sexual behaviors that are consensual, affirming, and
23        pleasurable.
24            (G) The Internet safety education curriculum under
25        Section 27-13.3.
26            (H) Discussion about social media, dating and

 

 

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1        relationship websites or applications, and sexting,
2        including:
3                (i) the possible consequences of sharing or
4            forwarding sexually explicit or sexually
5            suggestive photographs or images, videos, or text
6            messages;
7                (ii) the identification of situations in which
8            bullying or harassment may result as a consequence
9            of using social media, dating applications, or
10            engaging in sexting;
11                (iii) the possible long-term legal, social,
12            academic, and other consequences that may result
13            from possessing or distributing sexual content;
14                (iv) the importance of using the Internet
15            safely and how social media, dating applications,
16            and sexting may pose a risk to personal safety;
17                (v) the identification of individuals,
18            including school personnel, community members, and
19            parents, who may provide assistance with issues,
20            concerns, or problems resulting from use of the
21            Internet; and
22                (vi) the development of strategies for
23            resisting peer pressure and for communicating in a
24            positive manner.
25            (I) Information about interpersonal violence,
26        sexual violence, and human trafficking. Information

 

 

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1        about human trafficking shall include both of the
2        following:
3                (i) Information on the prevalence, nature, and
4            strategies to reduce the risk of human
5            trafficking, techniques to set healthy boundaries,
6            and how to safely seek assistance.
7                (ii) Information on how social media and
8            mobile device applications are used for human
9            trafficking.
10            (J) Information about adolescent relationship
11        abuse and intimate partner violence, including the
12        early warning signs thereof.
13            (K) Information about confidential local services
14        and resources in which students can obtain additional
15        information related to bullying, dating violence,
16        sexual violence, suicide prevention, and other related
17        care without immediate parental notification or
18        consent.
19            (L) Information about mandated reporting of abused
20        and neglected children as required by the Abused and
21        Neglected Child Reporting Act.
22            (M) Course material and instruction must include
23        an age and developmentally appropriate discussion on
24        the meaning of consent that includes discussion on
25        recognizing all of the following:
26                (i) That consent is a freely given agreement

 

 

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1            to sexual activity.
2                (ii) That consent to one particular sexual
3            activity does not constitute consent to other
4            types of sexual activities.
5                (iii) That a person's lack of verbal or
6            physical resistance or submission resulting from
7            the use or threat of force does not constitute
8            consent.
9                (iv) That a person's manner of dress does not
10            constitute consent.
11                (v) That a person's consent to past sexual
12            activity does not constitute consent to future
13            sexual activity.
14                (vi) That a person's consent to engage in
15            sexual activity with one person does not
16            constitute consent to engage in sexual activity
17            with another person.
18                (vii) That a person can withdraw consent at
19            any time.
20                (viii) That a person cannot consent to sexual
21            activity if that person is unable to understand
22            the nature of the activity or give knowing consent
23            due to certain circumstances that include, but are
24            not limited to, (I) the person is incapacitated
25            due to the use or influence of alcohol or drugs,
26            (II) the person is asleep or unconscious, (III)

 

 

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1            the person is a minor, or (IV) the person is
2            incapacitated due to a mental disability.
3            (N) Encouraging youth to communicate with parents
4        or guardians, health and social service professionals,
5        and other trusted adults about sexuality and intimate
6        relationships.
7            (O) Creating a safe and culturally appropriate
8        environment for all students and others in society.
9            (P) Affirmative and inclusive examples of varying
10        types of relationships and family structures.
11        Discussion of healthy relationships and personal
12        safety must include affirmative representation and
13        health-positive instruction on diverse sexual
14        orientations, gender identities, and gender
15        expressions.
16            (Q) The benefits of abstinence, behavioral
17        changes, the use of barrier methods, medication,
18        contraception, and sexually transmitted infection
19        prevention measures, including:
20                (i) instruction on how to effectively use
21            condoms, barrier methods, and preventative
22            medication to protect against sexually transmitted
23            infections, including HIV;
24                (ii) the benefits of contraception, condoms,
25            and barrier methods to avoid pregnancy and how to
26            effectively use each method;

 

 

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1                (iii) the relationship between substance use
2            and sexual health and behaviors;
3                (iv) information about local health services
4            in which students can obtain additional
5            information and services related to sexual and
6            reproductive health and other related care; and
7                (v) information about the rights of
8            individuals to obtain contraceptives and sexual
9            health care.
10            (R) Unbiased information and non-stigmatizing
11        information about the options regarding pregnancy,
12        including parenting, adoption, and abortion.
13            (S) Information concerning the Abandoned Newborn
14        Infant Protection Act that relate to the safe
15        abandonment of a child to a firefighter at a fire
16        station or to a staff member at a hospital or a
17        community clinic or at an emergency center within the
18        first 30 days of the child's life.
19            (T) Affirmative recognition of the roles that
20        traditions, values, norms, gender roles,
21        acculturation, family structure, health beliefs, and
22        political power play in how students make decisions
23        that affect their sexual health.
24            (U) Examples of diverse races, ethnicities,
25        genders, sexual orientations, gender identities,
26        gender expressions, cultures, and families, including

 

 

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1        single-parent households and young families.
2            (V) Information about sexual orientation, gender
3        identity, and gender expression for all students,
4        including:
5                (i) an affirmative recognition that people
6            have diverse sexual orientations, gender
7            identities, and gender expressions; and
8                (ii) referrals to community resources that can
9            provide additional support for students of diverse
10            sexual orientations, gender identities, and gender
11            expressions.
12            (W) Opportunities to explore the roles that race,
13        ethnicity, immigration status, disability status,
14        sexual orientation, gender identity, gender
15        expression, economic status, and language within
16        different communities play in how students make
17        decisions that affect their sexual health.
18        (5) Beginning no later than July 1, 2023, a school
19    district shall provide inclusive, medically accurate and
20    complete, age and developmentally appropriate, and
21    culturally appropriate comprehensive sex education in the
22    3rd through 5th grades in all public schools, including
23    charter schools. Comprehensive sex education in the 3rd
24    through 5th grades shall include age and developmentally
25    appropriate instruction on all of the following topics:
26            (A) Human anatomy and reproduction.

 

 

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1            (B) Puberty, including the physical, social, and
2        emotional changes that occur during puberty and
3        adolescence.
4            (C) The promotion of positive body image among
5        students to develop an understanding that there is a
6        range of body types and to feel positive about one's
7        own body type.
8            (D) Personal hygiene.
9            (E) Information about diverse sexual orientations,
10        gender identities, and gender expressions.
11            (F) Healthy relationships, including family and
12        friendships, that are based on mutual consent and
13        developing the ability to distinguish between healthy
14        and unhealthy relationships and how to promote
15        personal safety.
16            (G) The examination of the harm caused by
17        gender-role stereotypes, coercion, bullying,
18        harassment, and intimidation in relationships.
19            (H) Bullying, harassment, and abuse.
20            (I) Reliance on and communication with parents and
21        trusted adults for help managing the physical, social,
22        and emotional changes during puberty, developing
23        healthy relationships, personal safety, and dealing
24        with bullying, harassment, or abuse.
25            (J) Discussion about social media, dating
26        applications, sexting, and other Internet-based

 

 

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1        methods of communicating in relationships, including:
2                (i) the possible consequences of sharing or
3            forwarding sexually explicit or sexually
4            suggestive photographs or images, videos, or text
5            messages;
6                (ii) the identification of situations in which
7            bullying or harassment may result as a consequence
8            of using social media and dating applications or
9            engaging in sexting;
10                (iii) the possible long-term legal, social,
11            academic, and other consequences that may result
12            from possessing or distributing sexual content;
13                (iv) the importance of using the Internet
14            safely and how social media, dating applications,
15            and sexting may pose a risk to personal safety;
16                (v) the identification of individuals,
17            including school personnel, community members, and
18            parents, who may provide assistance with issues,
19            concerns, or problems resulting from use of the
20            Internet; and
21                (vi) the development of strategies for
22            resisting peer pressure and for communicating in a
23            positive manner.
24            (K) Information about interpersonal violence,
25        sexual violence, and human trafficking. The
26        information about human trafficking shall include both

 

 

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1        of the following:
2                (i) Information on the prevalence, nature, and
3            strategies to reduce the risk of human
4            trafficking, the techniques to set healthy
5            boundaries, and how to safely seek assistance.
6                (ii) Information about how social media and
7            mobile device applications are used for human
8            trafficking.
9            (L) Information about confidential local services
10        and resources where students can obtain additional
11        information related to bullying, dating violence and
12        sexual assault, suicide prevention, and other related
13        care without immediate parental notification or
14        consent.
15            (M) Information about mandated reporting of abused
16        and neglected children as required by the Abused and
17        Neglected Child Reporting Act.
18        (6) Beginning no later than July 1, 2023, a school
19    district shall provide inclusive, medically accurate and
20    complete, age and developmentally appropriate, and
21    culturally appropriate comprehensive sex education in the
22    1st and 2nd grades and in kindergarten if kindergarten is
23    offered by the school. Comprehensive sex education in
24    kindergarten through 2nd grade shall include age and
25    developmentally appropriate instruction on the following
26    topics:

 

 

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1            (A) Human anatomy.
2            (B) Gender roles.
3            (C) Varying family structures.
4            (D) Healthy relationships, including friendships.
5            (E) Personal bodily autonomy.
6            (F) How to promote personal safety, including
7        reliance on and communication with parents and trusted
8        adults.
9            (G) Bullying.
10        (7) Beginning no later than July 1, 2023, the State
11    Board of Education shall post on its website comprehensive
12    sex education resources that are inclusive, medically
13    accurate and complete, age and developmentally
14    appropriate, and culturally appropriate for use in
15    pre-kindergarten through the 12th grade. Any comprehensive
16    sex education offered to pre-kindergarten students shall
17    be age and developmentally appropriate.
18    (d) Parental requests and notice are as follows:
19        (1) It is the intent of the General Assembly to:
20            (A) encourage pupils to communicate with their
21        parents or guardians about human sexuality and health
22        needs and to respect the rights of parents and
23        guardians to supervise their children's education on
24        these subjects;
25            (B) create a streamlined process to make it easier
26        for parents and guardians to review materials and

 

 

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1        evaluation tools related to comprehensive sexual
2        health education; and
3            (C) recognize that although parents and guardians
4        overwhelmingly support medically accurate and
5        complete, age and developmentally appropriate, and
6        culturally appropriate comprehensive sex education,
7        parents and guardians have the ultimate responsibility
8        for imparting values regarding human sexuality to
9        their children.
10        (2) A parent or guardian of a student has the right to
11    excuse his or her child from all or part of comprehensive
12    sex education and assessments related to that education
13    through a passive consent process. A school district may
14    not require active parental consent for comprehensive sex
15    education.
16        (3) A school district shall post information on its
17    Internet website about any curricula used to provide
18    comprehensive sex education, including:
19            (A) whether the instruction was provided by a
20        teacher in the school, an outside organization, or a
21        guest lecturer or resource person;
22            (B) the number of students who received the
23        instruction;
24            (C) the number of students excused from
25        instruction pursuant to this subsection; and
26            (D) the duration of instruction.

 

 

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1        If any instruction is provided by an outside
2    organization or guest lecturer or resource person, the
3    school district shall specify the name of the outside
4    organization or the guest lecturer or resource person and
5    identify any organizations with which the guest lecturer
6    or resource person may be affiliated. If an Internet
7    website is not available, the information must be provided
8    in another format to school administrators, school board
9    members, school personnel, parents, guardians, students,
10    and the public.
11        (4) At the beginning of each school year, or, at the
12    time of a student's enrollment, a school district shall
13    notify the parent or guardian of each student about
14    instruction planned for the coming year about
15    comprehensive sex education and research on student
16    health, behaviors, and risks. The notice shall do all of
17    the following:
18            (A) Advise the parent or guardian that written and
19        audiovisual educational materials used in
20        comprehensive sex education are available for
21        inspection both to the parent or guardian and to the
22        public.
23            (B) Advise the parent or guardian whether the
24        comprehensive sex education will be taught by school
25        district personnel or by an outside organization or
26        guest speaker. If comprehensive sex education is to be

 

 

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1        taught by an outside organization or guest speaker,
2        the notice shall include the date of the instruction,
3        the name of the organization or affiliation of each
4        guest speaker, and information stating the right of
5        the parent or guardian to request a copy of the
6        educational materials to be used. If arrangements for
7        this instruction are made after the beginning of the
8        school year, the notice shall be made by mail or
9        another commonly used method of notification no fewer
10        than 14 days before the instruction is delivered.
11            (C) Include information explaining the parent's or
12        guardian's right to request a copy of this Section.
13            (D) Advise the parent or guardian that the parent
14        or guardian has the right to excuse the student from
15        comprehensive sex education and that, in order to
16        excuse the student, the parent or guardian must submit
17        his or her request in writing to the school district.
18            (E) State that a student will not be subject to
19        disciplinary action, an academic penalty, or any other
20        sanction if the student's parent or guardian requests
21        the student not receive the instruction provided under
22        this Section. If a student's parent or guardian
23        requests that the student not receive the instruction
24        provided under this Section, the school is encouraged
25        to provide alternative assignments on a related topic.
26    (e) The State Board shall adopt rules to implement,

 

 

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1administer, and ensure compliance with this Section.
2    The State Board shall develop, maintain, and make publicly
3available State standards and the current list of curricula
4that are consistent with this Section.
5    The State Board shall require minimum education and
6training qualifications for comprehensive sex education
7instructors.
8    A school district must abide by this Section. All guest
9lecturers and resource people shall have expertise in
10comprehensive sex education consistent with this Section.
11    (f) The State Board shall convene a REACH implementation
12committee to support school districts with implementation of
13the mandate for comprehensive sex education as follows:
14        (1) The committee must be created and operational
15    within 60 days after the effective date of this amendatory
16    Act of the 102nd General Assembly.
17        (2) The committee shall work with the State Board to:
18            (A) seek input from school districts about
19        implementation;
20            (B) develop and disseminate guidance for school
21        districts;
22            (C) identify existing resources and curricula; and
23            (D) identify opportunities for professional
24        development for educators and school administrators.
25        (3) The committee may form subcommittees to guide and
26    organize its work.

 

 

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1        (4) The State Board shall support the committee with
2    staff and resources.
3        (5) The State Superintendent of Education shall
4    appoint the members of the committee.
5        (6) Members of the committee are not entitled to
6    compensation for their service as members.
7        (7) At a minimum, the committee shall include:
8            (A) the State Superintendent or his or her
9        designee;
10            (B) a parent representative;
11            (C) a youth representative;
12            (D) a representative of kindergarten through grade
13        12 educators, with emphasis on sex education
14        educators;
15            (E) a representative of school-based health
16        centers or a school nurse;
17            (F) a representative of mental health providers;
18            (G) a representative of school social workers;
19            (H) a representative of a statewide coalition for
20        survivors of sexual violence;
21            (I) a representative of a statewide coalition for
22        survivors of domestic violence;
23            (J) a representative of an organization serving
24        the needs of youth of color;
25            (K) a representative of an organization serving
26        the needs of immigrants;

 

 

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1            (L) a representative of an organization serving
2        the needs of lesbian, gay, bisexual, transgender,
3        asexual, and queer youth;
4            (M) a representative from an interfaith
5        organization;
6            (N) a representative of an organization serving
7        the needs of intersex individuals; and
8            (O) a representative of an organization serving
9        the needs of students with disabilities.
10        (8) The committee shall be dissolved on January 1,
11    2026.
12    (g) The State Board may adopt rules setting forth a
13complaint procedure to enforce this Section.
14    The State Board shall establish a web portal to accept
15complaints from the public that a school district is not
16adhering to the requirements of this Section. A final
17determination of a complaint by the State Board shall be
18appealable to an Illinois circuit court.
19    (h) Pursuant to Section 2-3.25g, a school district may
20seek a waiver or modification of a mandate for comprehensive
21sex education required under this Section. If the waiver or
22modification of a mandate is sought for comprehensive sex
23education in the 6th through 12th grades for the 2022-2023
24school year, the State Board shall automatically grant a
25one-year waiver of the mandate until the 2023-2024 school
26year. If the waiver or modification of a mandate is sought for

 

 

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1comprehensive sex education during kindergarten through 5th
2grades for the 2023-2024 school year, the State Board shall
3automatically grant a one-year waiver of the mandate until the
42024-2025 school year.
5    (i) There is created by the State Board the REACH Grant
6Program as follows:
7        (1) The purpose of the REACH Grant Program is to
8    provide money to school districts and charter schools for
9    use in the creation and implementation of comprehensive
10    sex education pursuant to this Section.
11        (2) Upon receipt of federal money or other
12    appropriations or sources of funding, the State Board
13    shall notify school districts and charter schools
14    throughout this State of grants available through the
15    REACH Grant Program.
16        (3) The State Board shall award grants to school
17    districts and charter schools for a period of one year,
18    with the opportunity to seek a one-year extension.
19        (4) Money distributed to school districts and charter
20    schools through the REACH Grant Program must be used only
21    for the provision of comprehensive sex education
22    instruction that complies with this Section.
23        (5) On or before July 1, 2023 and every year
24    thereafter in which grants have been awarded, the State
25    Board shall submit a report concerning the outcomes of the
26    REACH Grant Program to the General Assembly. The report

 

 

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1    must include, at a minimum:
2            (A) the school districts and charter schools that
3        received a grant under the program;
4            (B) the number of students taught and the
5        instruction utilized;
6            (C) the amount of each grant awarded;
7            (D) the average amount of all grants awarded; and
8            (E) an analysis by the State Board of the impact of
9        funding.
10        (6) Nothing in this subsection prohibits a school
11    district or charter school from applying for and receiving
12    grants through the REACH Grant Program and from applying
13    for and receiving grants or other funding through other
14    sources. A school district or charter school may apply for
15    and receive grants and funding for comprehensive sex
16    education from multiple sources.
17        (7) The State Board shall adopt any rules it deems
18    necessary for the administration of this subsection.
 
19    (105 ILCS 5/27A-5)
20    Sec. 27A-5. Charter school; legal entity; requirements.
21    (a) A charter school shall be a public, nonsectarian,
22nonreligious, non-home based, and non-profit school. A charter
23school shall be organized and operated as a nonprofit
24corporation or other discrete, legal, nonprofit entity
25authorized under the laws of the State of Illinois.

 

 

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1    (b) A charter school may be established under this Article
2by creating a new school or by converting an existing public
3school or attendance center to charter school status.
4Beginning on April 16, 2003 (the effective date of Public Act
593-3), in all new applications to establish a charter school
6in a city having a population exceeding 500,000, operation of
7the charter school shall be limited to one campus. The changes
8made to this Section by Public Act 93-3 do not apply to charter
9schools existing or approved on or before April 16, 2003 (the
10effective date of Public Act 93-3).
11    (b-5) In this subsection (b-5), "virtual-schooling" means
12a cyber school where students engage in online curriculum and
13instruction via the Internet and electronic communication with
14their teachers at remote locations and with students
15participating at different times.
16    From April 1, 2013 through December 31, 2016, there is a
17moratorium on the establishment of charter schools with
18virtual-schooling components in school districts other than a
19school district organized under Article 34 of this Code. This
20moratorium does not apply to a charter school with
21virtual-schooling components existing or approved prior to
22April 1, 2013 or to the renewal of the charter of a charter
23school with virtual-schooling components already approved
24prior to April 1, 2013.
25    (c) A charter school shall be administered and governed by
26its board of directors or other governing body in the manner

 

 

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1provided in its charter. The governing body of a charter
2school shall be subject to the Freedom of Information Act and
3the Open Meetings Act. No later than January 1, 2021 (one year
4after the effective date of Public Act 101-291) this
5amendatory Act of the 101st General Assembly, a charter
6school's board of directors or other governing body must
7include at least one parent or guardian of a pupil currently
8enrolled in the charter school who may be selected through the
9charter school or a charter network election, appointment by
10the charter school's board of directors or other governing
11body, or by the charter school's Parent Teacher Organization
12or its equivalent.
13    (c-5) No later than January 1, 2021 (one year after the
14effective date of Public Act 101-291) this amendatory Act of
15the 101st General Assembly or within the first year of his or
16her first term, every voting member of a charter school's
17board of directors or other governing body shall complete a
18minimum of 4 hours of professional development leadership
19training to ensure that each member has sufficient familiarity
20with the board's or governing body's role and
21responsibilities, including financial oversight and
22accountability of the school, evaluating the principal's and
23school's performance, adherence to the Freedom of Information
24Act and the Open Meetings Act Acts, and compliance with
25education and labor law. In each subsequent year of his or her
26term, a voting member of a charter school's board of directors

 

 

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1or other governing body shall complete a minimum of 2 hours of
2professional development training in these same areas. The
3training under this subsection may be provided or certified by
4a statewide charter school membership association or may be
5provided or certified by other qualified providers approved by
6the State Board of Education.
7    (d) For purposes of this subsection (d), "non-curricular
8health and safety requirement" means any health and safety
9requirement created by statute or rule to provide, maintain,
10preserve, or safeguard safe or healthful conditions for
11students and school personnel or to eliminate, reduce, or
12prevent threats to the health and safety of students and
13school personnel. "Non-curricular health and safety
14requirement" does not include any course of study or
15specialized instructional requirement for which the State
16Board has established goals and learning standards or which is
17designed primarily to impart knowledge and skills for students
18to master and apply as an outcome of their education.
19    A charter school shall comply with all non-curricular
20health and safety requirements applicable to public schools
21under the laws of the State of Illinois. On or before September
221, 2015, the State Board shall promulgate and post on its
23Internet website a list of non-curricular health and safety
24requirements that a charter school must meet. The list shall
25be updated annually no later than September 1. Any charter
26contract between a charter school and its authorizer must

 

 

SB0647- 32 -LRB102 11436 CMG 16769 b

1contain a provision that requires the charter school to follow
2the list of all non-curricular health and safety requirements
3promulgated by the State Board and any non-curricular health
4and safety requirements added by the State Board to such list
5during the term of the charter. Nothing in this subsection (d)
6precludes an authorizer from including non-curricular health
7and safety requirements in a charter school contract that are
8not contained in the list promulgated by the State Board,
9including non-curricular health and safety requirements of the
10authorizing local school board.
11    (e) Except as otherwise provided in the School Code, a
12charter school shall not charge tuition; provided that a
13charter school may charge reasonable fees for textbooks,
14instructional materials, and student activities.
15    (f) A charter school shall be responsible for the
16management and operation of its fiscal affairs including, but
17not limited to, the preparation of its budget. An audit of each
18charter school's finances shall be conducted annually by an
19outside, independent contractor retained by the charter
20school. To ensure financial accountability for the use of
21public funds, on or before December 1 of every year of
22operation, each charter school shall submit to its authorizer
23and the State Board a copy of its audit and a copy of the Form
24990 the charter school filed that year with the federal
25Internal Revenue Service. In addition, if deemed necessary for
26proper financial oversight of the charter school, an

 

 

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1authorizer may require quarterly financial statements from
2each charter school.
3    (g) A charter school shall comply with all provisions of
4this Article, the Illinois Educational Labor Relations Act,
5all federal and State laws and rules applicable to public
6schools that pertain to special education and the instruction
7of English learners, and its charter. A charter school is
8exempt from all other State laws and regulations in this Code
9governing public schools and local school board policies;
10however, a charter school is not exempt from the following:
11        (1) Sections 10-21.9 and 34-18.5 of this Code
12    regarding criminal history records checks and checks of
13    the Statewide Sex Offender Database and Statewide Murderer
14    and Violent Offender Against Youth Database of applicants
15    for employment;
16        (2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and
17    34-84a of this Code regarding discipline of students;
18        (3) the Local Governmental and Governmental Employees
19    Tort Immunity Act;
20        (4) Section 108.75 of the General Not For Profit
21    Corporation Act of 1986 regarding indemnification of
22    officers, directors, employees, and agents;
23        (5) the Abused and Neglected Child Reporting Act;
24        (5.5) subsection (b) of Section 10-23.12 and
25    subsection (b) of Section 34-18.6 of this Code;
26        (6) the Illinois School Student Records Act;

 

 

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1        (7) Section 10-17a of this Code regarding school
2    report cards;
3        (8) the P-20 Longitudinal Education Data System Act;
4        (9) Section 27-23.7 of this Code regarding bullying
5    prevention;
6        (10) Section 2-3.162 of this Code regarding student
7    discipline reporting;
8        (11) Sections 22-80 and 27-8.1 of this Code;
9        (12) Sections 10-20.60 and 34-18.53 of this Code;
10        (13) Sections 10-20.63 and 34-18.56 of this Code;
11        (14) Section 26-18 of this Code;
12        (15) Section 22-30 of this Code; and
13        (16) Sections 24-12 and 34-85 of this Code; .
14        (17) the (16) The Seizure Smart School Act; .
15        (18) Section 10-23.13 of this Code; and
16        (19) Section 27-9.1a of this Code.
17    The change made by Public Act 96-104 to this subsection
18(g) is declaratory of existing law.
19    (h) A charter school may negotiate and contract with a
20school district, the governing body of a State college or
21university or public community college, or any other public or
22for-profit or nonprofit private entity for: (i) the use of a
23school building and grounds or any other real property or
24facilities that the charter school desires to use or convert
25for use as a charter school site, (ii) the operation and
26maintenance thereof, and (iii) the provision of any service,

 

 

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1activity, or undertaking that the charter school is required
2to perform in order to carry out the terms of its charter.
3However, a charter school that is established on or after
4April 16, 2003 (the effective date of Public Act 93-3) and that
5operates in a city having a population exceeding 500,000 may
6not contract with a for-profit entity to manage or operate the
7school during the period that commences on April 16, 2003 (the
8effective date of Public Act 93-3) and concludes at the end of
9the 2004-2005 school year. Except as provided in subsection
10(i) of this Section, a school district may charge a charter
11school reasonable rent for the use of the district's
12buildings, grounds, and facilities. Any services for which a
13charter school contracts with a school district shall be
14provided by the district at cost. Any services for which a
15charter school contracts with a local school board or with the
16governing body of a State college or university or public
17community college shall be provided by the public entity at
18cost.
19    (i) In no event shall a charter school that is established
20by converting an existing school or attendance center to
21charter school status be required to pay rent for space that is
22deemed available, as negotiated and provided in the charter
23agreement, in school district facilities. However, all other
24costs for the operation and maintenance of school district
25facilities that are used by the charter school shall be
26subject to negotiation between the charter school and the

 

 

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1local school board and shall be set forth in the charter.
2    (j) A charter school may limit student enrollment by age
3or grade level.
4    (k) If the charter school is approved by the State Board or
5Commission, then the charter school is its own local education
6agency.
7(Source: P.A. 100-29, eff. 1-1-18; 100-156, eff. 1-1-18;
8100-163, eff. 1-1-18; 100-413, eff. 1-1-18; 100-468, eff.
96-1-18; 100-726, eff. 1-1-19; 100-863, eff. 8-14-18; 101-50,
10eff. 7-1-20; 101-81, eff. 7-12-19; 101-291, eff. 1-1-20;
11101-531, eff. 8-23-19; 101-543, eff. 8-23-19; revised 8-4-20.)
 
12    (105 ILCS 5/34-18.8)  (from Ch. 122, par. 34-18.8)
13    Sec. 34-18.8. HIV AIDS training. School guidance
14counselors, nurses, teachers and other school personnel who
15work with pupils shall may be trained to have a basic knowledge
16of matters relating to human immunodeficiency virus (HIV)
17acquired immunodeficiency syndrome (AIDS), including the
18nature of the infection disease, its causes and effects, the
19means of detecting it and preventing its transmission, the
20availability of appropriate sources of counseling and
21referral, and any other medically accurate information that is
22age and developmentally appropriate for may be appropriate
23considering the age and grade level of such pupils. The Board
24of Education shall supervise such training. The State Board of
25Education and the Department of Public Health shall jointly

 

 

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1develop standards for such training.
2(Source: P.A. 86-900.)
 
3    (105 ILCS 5/27-9.1 rep.)
4    (105 ILCS 5/27-9.2 rep.)
5    (105 ILCS 5/27-11 rep.)
6    Section 10. The School Code is amended by repealing
7Sections 27-9.1, 27-9.2, and 27-11.
 
8    Section 99. Effective date. This Act takes effect upon
9becoming law.