Illinois General Assembly - Full Text of HB2675
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Full Text of HB2675  98th General Assembly




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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
527-9.1 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) In this Section:
9    "Adapt" means to modify an evidence-based program model for
10use with a particular demographic, ethnic, linguistic, or
11cultural group.
12    "Age appropriate" means suitable to particular ages or age
13groups of children and adolescents, based on the developing
14cognitive, emotional, and behavioral capacity typical for the
15age or age group.
16    "Evidence-based program" means a program for which
17systematic, empirical research or evaluation has provided
18evidence of effectiveness.
19    "Medically accurate" means verified or supported by the
20weight of research conducted in compliance with accepted
21scientific methods and published in peer-reviewed journals, if
22applicable, or comprising information recognized as accurate,
23objective, and complete.



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1    (a-5) (a) No pupil shall be required to take or participate
2in any class or course in comprehensive sex education if his
3parent or guardian submits written objection thereto, and
4refusal to take or participate in such course or program shall
5not be reason for suspension or expulsion of such pupil. Each
6class or course in comprehensive sex education offered in any
7of grades 6 through 12 shall include instruction on both
8abstinence and contraception for the prevention of pregnancy
9and sexually transmitted diseases, including HIV/AIDS the
10prevention, transmission and spread of AIDS. Nothing in this
11Section prohibits instruction in sanitation, hygiene or
12traditional courses in biology.
13    (b) All public elementary, junior high, and senior high
14school classes that teach sex education and discuss sexual
15intercourse in grades 6 through 12 shall emphasize that
16abstinence is the expected norm in that abstinence from sexual
17intercourse is a responsible and positive decision and is the
18only protection that is 100% effective against unwanted teenage
19pregnancy, sexually transmitted diseases, and acquired immune
20deficiency syndrome (AIDS) when transmitted sexually.
21    (c) All classes that teach sex education and courses that
22discuss sexual intercourse in grades 6 through 12 shall satisfy
23the following criteria:
24        (1) Course material and instruction shall be
25    developmentally and age appropriate, medically accurate,
26    and complete.



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1        (1.5) Course material and instruction shall replicate
2    evidence-based programs or substantially incorporate
3    elements of evidence-based programs.
4        (2) Course material and instruction shall teach honor
5    and respect for monogamous heterosexual marriage.
6        (3) Course material and instruction shall place
7    substantial emphasis on both abstinence, including
8    abstinence until marriage, and contraception for the
9    prevention of pregnancy and sexually transmitted diseases
10    among youth and shall stress that abstinence is the ensured
11    method of avoiding unintended pregnancy, sexually
12    transmitted diseases, and HIV/AIDS pupils should abstain
13    from sexual intercourse until they are ready for marriage.
14        (4) Course material and instruction shall include a
15    discussion of the possible emotional and psychological
16    consequences of preadolescent and adolescent sexual
17    intercourse outside of marriage and the consequences of
18    unwanted adolescent pregnancy.
19        (5) Course material and instruction shall stress that
20    sexually transmitted diseases are serious possible hazards
21    of sexual intercourse. Pupils shall be provided with
22    statistics based on the latest medical information citing
23    the failure and success rates of condoms in preventing AIDS
24    and other sexually transmitted diseases.
25        (6) Course material and instruction shall advise
26    pupils of the laws pertaining to their financial



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1    responsibility to children born in and out of wedlock.
2        (7) Course material and instruction shall advise
3    pupils of the circumstances under which it is unlawful for
4    males to have sexual relations with females under the age
5    of 18 to whom they are not married pursuant to Article 11
6    of the Criminal Code of 2012.
7        (8) Course material and instruction shall teach pupils
8    to not make unwanted physical and verbal sexual advances
9    and how to say no to unwanted sexual advances. Pupils shall
10    be taught that it is wrong to take advantage of or to
11    exploit another person. The material and instruction shall
12    also encourage youth to resist negative peer pressure.
13        (9) (Blank).
14        (10) Course material and instruction shall teach
15    pupils about the dangers associated with drug and alcohol
16    consumption during pregnancy.
17    (d) An opportunity shall be afforded to individuals,
18including parents or guardians, to examine the instructional
19materials to be used in such class or course.
20    (e) The State Board of Education shall make available
21resource materials, with the cooperation and input of the
22agency that administers grant programs consistent with
23criteria (1) and (1.5) of subsection (c) of this Section, for
24educating children regarding sex education and may take into
25consideration the curriculum on this subject developed by other
26states, as well as any other curricular materials suggested by



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1education experts and other groups that work on sex education
2issues. Materials may include without limitation model sex
3education curriculums and sexual health education programs.
4The State Board of Education shall make these resource
5materials available on its Internet website. School districts
6that do not currently provide sex education are not required to
7teach sex education. If a sex education class or course is
8offered in any of grades 6 through 12, the school district may
9choose and adapt the developmentally and age-appropriate,
10medically accurate, evidence-based, and complete sex education
11curriculum that meets the specific needs of its community.
12(Source: P.A. 96-1082, eff. 7-16-10; 97-1150, eff. 1-25-13.)
13    Section 10. The Critical Health Problems and Comprehensive
14Health Education Act is amended by changing Section 3 as
16    (105 ILCS 110/3)
17    Sec. 3. Comprehensive Health Education Program. The
18program established under this Act shall include, but not be
19limited to, the following major educational areas as a basis
20for curricula in all elementary and secondary schools in this
21State: human ecology and health, human growth and development,
22the emotional, psychological, physiological, hygienic and
23social responsibilities of family life, including sexual
24abstinence until marriage, prevention and control of disease,



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1including instruction in grades 6 through 12 on the prevention,
2transmission and spread of AIDS, age-appropriate sexual abuse
3and assault awareness and prevention education in grades
4pre-kindergarten through 12, public and environmental health,
5consumer health, safety education and disaster survival,
6mental health and illness, personal health habits, alcohol,
7drug use, and abuse including the medical and legal
8ramifications of alcohol, drug, and tobacco use, abuse during
9pregnancy, evidence-based and medically accurate information
10regarding sexual abstinence until marriage, tobacco,
11nutrition, and dental health. The program shall also provide
12course material and instruction to advise pupils of the
13Abandoned Newborn Infant Protection Act. The program shall
14include information about cancer, including without limitation
15types of cancer, signs and symptoms, risk factors, the
16importance of early prevention and detection, and information
17on where to go for help. Notwithstanding the above educational
18areas, the following areas may also be included as a basis for
19curricula in all elementary and secondary schools in this
20State: basic first aid (including, but not limited to,
21cardiopulmonary resuscitation and the Heimlich maneuver),
22heart disease, diabetes, stroke, the prevention of child abuse,
23neglect, and suicide, and teen dating violence in grades 8
24through 12.
25    The school board of each public elementary and secondary
26school in the State shall encourage all teachers and other



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1school personnel to acquire, develop, and maintain the
2knowledge and skills necessary to properly administer
3life-saving techniques, including without limitation the
4Heimlich maneuver and rescue breathing. The training shall be
5in accordance with standards of the American Red Cross, the
6American Heart Association, or another nationally recognized
7certifying organization. A school board may use the services of
8non-governmental entities whose personnel have expertise in
9life-saving techniques to instruct teachers and other school
10personnel in these techniques. Each school board is encouraged
11to have in its employ, or on its volunteer staff, at least one
12person who is certified, by the American Red Cross or by
13another qualified certifying agency, as qualified to
14administer first aid and cardiopulmonary resuscitation. In
15addition, each school board is authorized to allocate
16appropriate portions of its institute or inservice days to
17conduct training programs for teachers and other school
18personnel who have expressed an interest in becoming qualified
19to administer emergency first aid or cardiopulmonary
20resuscitation. School boards are urged to encourage their
21teachers and other school personnel who coach school athletic
22programs and other extracurricular school activities to
23acquire, develop, and maintain the knowledge and skills
24necessary to properly administer first aid and cardiopulmonary
25resuscitation in accordance with standards and requirements
26established by the American Red Cross or another qualified



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1certifying agency. Subject to appropriation, the State Board of
2Education shall establish and administer a matching grant
3program to pay for half of the cost that a school district
4incurs in training those teachers and other school personnel
5who express an interest in becoming qualified to administer
6cardiopulmonary resuscitation (which training must be in
7accordance with standards of the American Red Cross, the
8American Heart Association, or another nationally recognized
9certifying organization) or in learning how to use an automated
10external defibrillator. A school district that applies for a
11grant must demonstrate that it has funds to pay half of the
12cost of the training for which matching grant money is sought.
13The State Board of Education shall award the grants on a
14first-come, first-serve basis.
15    No pupil shall be required to take or participate in any
16class or course on AIDS or family life instruction if his
17parent or guardian submits written objection thereto, and
18refusal to take or participate in the course or program shall
19not be reason for suspension or expulsion of the pupil.
20    Curricula developed under programs established in
21accordance with this Act in the major educational area of
22alcohol and drug use and abuse shall include classroom
23instruction in grades 5 through 12. The instruction, which
24shall include matters relating to both the physical and legal
25effects and ramifications of drug and substance abuse, shall be
26integrated into existing curricula; and the State Board of



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1Education shall develop and make available to all elementary
2and secondary schools in this State instructional materials and
3guidelines which will assist the schools in incorporating the
4instruction into their existing curricula. In addition, school
5districts may offer, as part of existing curricula during the
6school day or as part of an after school program, support
7services and instruction for pupils or pupils whose parent,
8parents, or guardians are chemically dependent.
9(Source: P.A. 96-128, eff. 1-1-10; 96-328, eff. 8-11-09;
1096-383, eff. 1-1-10; 96-1000, eff. 7-2-10; 97-1147, eff.



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2 Statutes amended in order of appearance
3    105 ILCS 5/27-9.1from Ch. 122, par. 27-9.1
4    105 ILCS 110/3