Full Text of HB5188 102nd General Assembly
HB5188sam001 102ND GENERAL ASSEMBLY | Sen. Ram Villivalam Filed: 1/5/2023
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| 1 | | AMENDMENT TO HOUSE BILL 5188
| 2 | | AMENDMENT NO. ______. Amend House Bill 5188 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The School Code is amended by changing | 5 | | Sections 27-9.1a and 27-9.1b as follows: | 6 | | (105 ILCS 5/27-9.1a) | 7 | | Sec. 27-9.1a. Comprehensive personal health and safety and | 8 | | comprehensive sexual health education. | 9 | | (a) In this Section: | 10 | | "Adapt" means to modify an evidence-based or | 11 | | evidence-informed program model for use with a particular | 12 | | demographic, ethnic, linguistic, or cultural group. | 13 | | "Age and developmentally appropriate" means suitable to | 14 | | particular ages or age groups of children and adolescents, | 15 | | based on the developing cognitive, emotional, and behavioral | 16 | | capacity typical for the age or age group. |
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| 1 | | "Characteristics of effective programs" includes | 2 | | development, content, and implementation of such programs that | 3 | | (i) have been shown to be effective in terms of increasing | 4 | | knowledge, clarifying values and attitudes, increasing skills, | 5 | | and impacting behavior, (ii) are widely recognized by leading | 6 | | medical and public health agencies to be effective in changing | 7 | | sexual behaviors that lead to sexually transmitted infections, | 8 | | including HIV, unintended pregnancy, interpersonal violence, | 9 | | and sexual violence among young people, and (iii) are taught | 10 | | by professionals who provide a safe learning space, free from | 11 | | shame, stigma, and ideology and are trained in trauma-informed | 12 | | teaching methodologies. | 13 | | "Complete" means information that aligns with the National | 14 | | Sex Education Standards, including information on consent and | 15 | | healthy relationships, anatomy and physiology, puberty and | 16 | | adolescent sexual development, gender identity and expression, | 17 | | sexual orientation and identity, sexual health, and | 18 | | interpersonal violence. | 19 | | "Comprehensive personal health and safety education" means | 20 | | age and developmentally appropriate education that aligns with | 21 | | the National Sex Education Standards, including information on | 22 | | consent and healthy relationships, anatomy and physiology, | 23 | | puberty and adolescent sexual development, gender identity and | 24 | | expression, sexual orientation and identity, sexual health, | 25 | | and interpersonal violence. | 26 | | "Comprehensive sexual health education" means age and |
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| 1 | | developmentally appropriate education that aligns with the | 2 | | National Sex Education Standards, including information on | 3 | | consent and healthy relationships, anatomy and physiology, | 4 | | puberty and adolescent sexual development, gender identity and | 5 | | expression, sexual orientation and identity, sexual health, | 6 | | and interpersonal violence. | 7 | | "Consent" means an affirmative, knowing, conscious, | 8 | | ongoing, and voluntary agreement to engage in interpersonal, | 9 | | physical, or sexual activity, which can be revoked at any | 10 | | point, including during the course of interpersonal, physical, | 11 | | or sexual activity. | 12 | | "Culturally appropriate" means affirming culturally | 13 | | diverse individuals, families, and communities in an | 14 | | inclusive, respectful, and effective manner, including | 15 | | materials and instruction that are inclusive of race, | 16 | | ethnicity, language, cultural background, immigration status, | 17 | | religion, disability, gender, gender identity, gender | 18 | | expression, sexual orientation, and sexual behavior. | 19 | | "Evidence-based program" means a program for which | 20 | | systematic, empirical research or evaluation has provided | 21 | | evidence of effectiveness. | 22 | | "Evidence-informed program" means a program that uses the | 23 | | best available research and practice knowledge to guide | 24 | | program design and implementation. | 25 | | "Gender stereotype" means a generalized view or | 26 | | preconception about what attributes, characteristics, or roles |
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| 1 | | are or ought to be taught, possessed by, or performed by people | 2 | | based on their gender identity. | 3 | | "Healthy relationships" means relationships between | 4 | | individuals that consist of mutual respect, trust, honesty, | 5 | | support, fairness, equity, separate identities, physical and | 6 | | emotional safety, and good communication. | 7 | | "Identity" means people's understanding of how they | 8 | | identify their sexual orientation, gender, gender identity, or | 9 | | gender expression without stereotypes, shame, or stigma. | 10 | | "Inclusive" means inclusion of marginalized communities | 11 | | that include, but are not limited to, people of color, | 12 | | immigrants, people of diverse sexual orientations, gender | 13 | | identities, and gender expressions, people who are intersex, | 14 | | people with disabilities, people who have experienced | 15 | | interpersonal or sexual violence, and others. | 16 | | "Interpersonal violence" means violent behavior used to | 17 | | establish power and control over another person. | 18 | | "Medically accurate" means verified or supported by the | 19 | | weight of research conducted in compliance with accepted | 20 | | scientific methods and published in peer-reviewed journals, if | 21 | | applicable, or comprising information recognized as accurate | 22 | | and objective. | 23 | | "Pre-exposure Prophylaxis (PrEP)" means medications | 24 | | approved by the federal Food and Drug Administration (FDA) and | 25 | | recommended by the United States Public Health Service or the | 26 | | federal Centers for Disease Control and Prevention for HIV |
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| 1 | | pre-exposure prophylaxis and related pre-exposure prophylaxis | 2 | | services, including, but not limited to, HIV and sexually | 3 | | transmitted infection screening, treatment for sexually | 4 | | transmitted infections, medical monitoring, laboratory | 5 | | services, and sexual health counseling, to reduce the | 6 | | likelihood of HIV infection for individuals who are not living | 7 | | with HIV but are vulnerable to HIV exposure. | 8 | | "Post-exposure Prophylaxis (PeP)" means the medications | 9 | | that are recommended by the federal Centers for Disease | 10 | | Control and Prevention and other public health authorities to | 11 | | help prevent HIV infection after potential occupational or | 12 | | non-occupational HIV exposure. | 13 | | "Sexual violence" means discrimination, bullying, | 14 | | harassment, including sexual harassment, sexual abuse, sexual | 15 | | assault, intimate partner violence, incest, rape, and human | 16 | | trafficking. | 17 | | "Trauma informed" means to address vital information about | 18 | | sexuality and well-being that takes into consideration how | 19 | | adverse life experiences may potentially influence a person's | 20 | | well-being and decision making. | 21 | | (b) All classes that teach comprehensive personal health | 22 | | and safety and comprehensive sexual health education shall | 23 | | satisfy the following criteria: | 24 | | (1) Course material and instruction shall be age and | 25 | | developmentally appropriate, medically accurate, | 26 | | complete, culturally appropriate, inclusive, and trauma |
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| 1 | | informed. | 2 | | (2) Course material and instruction shall replicate | 3 | | evidence-based or evidence-informed programs or | 4 | | substantially incorporate elements of evidence-based | 5 | | programs or evidence-informed programs or characteristics | 6 | | of effective programs. | 7 | | (3) Course material and instruction shall be inclusive | 8 | | and sensitive to the needs of students based on their | 9 | | status as pregnant or parenting, living with STIs, | 10 | | including HIV, sexually active, asexual, or intersex or | 11 | | based on their gender, gender identity, gender expression, | 12 | | sexual orientation, sexual behavior, or disability. | 13 | | (4) Course material and instruction shall be | 14 | | accessible to students with disabilities, which may | 15 | | include the use of a modified curriculum, materials, | 16 | | instruction in alternative formats, assistive technology, | 17 | | and auxiliary aids. | 18 | | (5) Course material and instruction shall help | 19 | | students develop self-advocacy skills for effective | 20 | | communication with parents or guardians, health and social | 21 | | service professionals, other trusted adults, and peers | 22 | | about sexual health and relationships. | 23 | | (6) Course material and instruction shall provide | 24 | | information to help students develop skills for developing | 25 | | healthy relationships and preventing and dealing with | 26 | | interpersonal violence and sexual violence. |
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| 1 | | (7) Course material and instruction shall provide | 2 | | information to help students safely use the Internet, | 3 | | including social media, dating or relationship websites or | 4 | | applications, and texting. | 5 | | (8) Course material and instruction shall provide | 6 | | information about local resources where students can | 7 | | obtain additional information and confidential services | 8 | | related to parenting, bullying, interpersonal violence, | 9 | | sexual violence, suicide prevention, sexual and | 10 | | reproductive health, mental health, substance abuse, | 11 | | sexual orientation, gender identity, gender expression, | 12 | | and other related issues. | 13 | | (9) Course material and instruction shall include | 14 | | information about State laws related to minor | 15 | | confidentiality and minor consent, including exceptions, | 16 | | consent education, mandated reporting of child abuse and | 17 | | neglect, the safe relinquishment of a newborn child, | 18 | | minors' access to confidential health care and related | 19 | | services, school policies addressing the prevention of and | 20 | | response to interpersonal and sexual violence, school | 21 | | breastfeeding accommodations, and school policies | 22 | | addressing the prevention of and response to sexual | 23 | | harassment. | 24 | | (10) Course material and instruction may not reflect | 25 | | or promote bias against any person on the basis of the | 26 | | person's race, ethnicity, language, cultural background, |
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| 1 | | citizenship, religion, HIV status, family structure, | 2 | | disability, gender, gender identity, gender expression, | 3 | | sexual orientation, or sexual behavior. | 4 | | (11) Course material and instruction may not employ | 5 | | gender stereotypes. | 6 | | (12) Course material and instruction shall be | 7 | | inclusive of and may not be insensitive or unresponsive to | 8 | | the needs of survivors of interpersonal violence and | 9 | | sexual violence. | 10 | | (13) Course material and instruction may not | 11 | | proselytize any religious doctrine. | 12 | | (14) Course material and instruction may not | 13 | | deliberately withhold health-promoting or life-saving | 14 | | information about culturally appropriate health care and | 15 | | services, including reproductive health services, hormone | 16 | | therapy, and FDA-approved treatments and options, | 17 | | including, but not limited to, Pre-exposure Prophylaxis | 18 | | (PrEP) and Post-exposure Prophylaxis (PeP). | 19 | | (15) Course material and instruction may not be | 20 | | inconsistent with the ethical imperatives of medicine and | 21 | | public health. | 22 | | (c) A school may utilize guest lecturers or resource | 23 | | persons to provide instruction or presentations in accordance | 24 | | with Section 10-22.34b. Comprehensive personal health and | 25 | | safety and comprehensive sexual health education instruction | 26 | | and materials provided by guest lecturers or resource persons |
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| 1 | | may not conflict with the provisions of this Section. | 2 | | (d) No student shall be required to take or participate in | 3 | | any class or course in comprehensive personal health and | 4 | | safety and comprehensive sexual health education. A student's | 5 | | parent or guardian may opt the student out of comprehensive | 6 | | personal health and safety and comprehensive sexual health | 7 | | education by submitting the request in writing. Refusal to | 8 | | take or participate in such a course or program may not be a | 9 | | reason for disciplinary action, academic penalty, suspension, | 10 | | or expulsion or any other sanction of a student. A school | 11 | | district may not require active parental consent for | 12 | | comprehensive personal health and safety and comprehensive | 13 | | sexual health education. | 14 | | (e) An opportunity shall be afforded to individuals, | 15 | | including parents or guardians, to review the scope and | 16 | | sequence of instructional materials to be used in a class or | 17 | | course under this Section, either electronically or in person. | 18 | | A school district shall annually post, on its Internet website | 19 | | if one exists, which curriculum is used to provide | 20 | | comprehensive personal health and safety and comprehensive | 21 | | sexual health education and the name and contact information, | 22 | | including an email address, of school personnel who can | 23 | | respond to inquiries about instruction and materials. | 24 | | (f) On or before August 1, 2022, the State Board of | 25 | | Education, in consultation with youth, parents, sexual health | 26 | | and violence prevention experts, health care providers, |
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| 1 | | advocates, and education practitioners, including, but not | 2 | | limited to, administrators, regional superintendents of | 3 | | schools, teachers, and school support personnel, shall develop | 4 | | and adopt rigorous learning standards in the area of | 5 | | comprehensive personal health and safety education for pupils | 6 | | in kindergarten through the 5th grade and comprehensive sexual | 7 | | health education for pupils in the 6th through 12th grades, | 8 | | including, but not limited to, all of the National Sex | 9 | | Education Standards, including information on consent and | 10 | | healthy relationships, anatomy and physiology, puberty and | 11 | | adolescent sexual development, gender identity and expression, | 12 | | sexual orientation and identity, sexual health, and | 13 | | interpersonal violence, as authored by the Future of Sex | 14 | | Education Initiative. As the National Sex Education Standards | 15 | | are updated, the State Board of Education shall update these | 16 | | learning standards. | 17 | | (g) By no later than August 1, 2022, the State Board of | 18 | | Education shall make available resource materials developed in | 19 | | consultation with stakeholders, with the cooperation and input | 20 | | of experts that provide and entities that promote age and | 21 | | developmentally appropriate, medically accurate, complete, | 22 | | culturally appropriate, inclusive, and trauma-informed | 23 | | comprehensive personal health and safety and comprehensive | 24 | | sexual health education policy. Materials may include, without | 25 | | limitation, model comprehensive personal health and safety and | 26 | | comprehensive sexual health education resources and programs. |
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| 1 | | The State Board of Education shall make these resource | 2 | | materials available on its Internet website, in a clearly | 3 | | identified and easily accessible place. | 4 | | (h) Schools may choose and adapt the age and | 5 | | developmentally appropriate, medically accurate, complete, | 6 | | culturally appropriate, inclusive, and trauma-informed | 7 | | comprehensive personal health and safety and comprehensive | 8 | | sexual health education curriculum that meets the specific | 9 | | needs of their community. All instruction and materials, | 10 | | including materials provided or presented by outside | 11 | | consultants, community groups, or organizations, may not | 12 | | conflict with the provisions of this Section. | 13 | | (i) The State Board of Education shall, through existing | 14 | | reporting mechanisms if available, direct each school district | 15 | | to identify the following: | 16 | | (1) if instruction on comprehensive personal health | 17 | | and safety and comprehensive sexual health education is | 18 | | provided; | 19 | | (2) whether the instruction was provided by a teacher | 20 | | in the school, a consultant, or a community group or | 21 | | organization and specify the name of the outside | 22 | | consultant, community group, or organization; | 23 | | (3) the number of students receiving instruction; | 24 | | (4) the number of students excused from instruction; | 25 | | and | 26 | | (5) the duration of instruction. |
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| 1 | | The State Board of Education shall report the results of | 2 | | this inquiry to the General Assembly annually, for a period of | 3 | | 5 years beginning one year after the effective date of this | 4 | | amendatory Act of the 102nd General Assembly.
| 5 | | (j) Beginning no later than July 1, 2023, a school | 6 | | district shall provide: | 7 | | (1) age and developmentally appropriate, medically | 8 | | accurate, complete, culturally appropriate, inclusive, and | 9 | | trauma-informed comprehensive personal health and safety | 10 | | education in kindergarten through the 5th grade in all | 11 | | public schools; and | 12 | | (2) age and developmentally appropriate, medically | 13 | | accurate, complete, culturally appropriate, inclusive, and | 14 | | trauma-informed comprehensive sexual health education in | 15 | | the 6th through 12th grades in all public schools. | 16 | | (Source: P.A. 102-522, eff. 8-20-21.) | 17 | | (105 ILCS 5/27-9.1b) | 18 | | Sec. 27-9.1b. Consent education. | 19 | | (a) In this Section: | 20 | | "Age and developmentally appropriate" has the meaning | 21 | | ascribed to that term in Section 27-9.1a. | 22 | | "Consent" has the meaning ascribed to that term in Section | 23 | | 27-9.1a. | 24 | | (b) A school district may provide age and developmentally | 25 | | appropriate consent education in kindergarten through the 12th |
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| 1 | | grade. Beginning no later than July 1, 2023, however, a school | 2 | | district shall provide age and developmentally appropriate | 3 | | consent education in kindergarten through the 12th grade. | 4 | | (1) In kindergarten through the 5th grade, instruction | 5 | | and materials shall include age and developmentally | 6 | | appropriate instruction on consent and how to give and | 7 | | receive consent, including a discussion that includes, but | 8 | | is not limited to, all of the following: | 9 | | (A) Setting appropriate physical boundaries with | 10 | | others. | 11 | | (B) Respecting the physical boundaries of others. | 12 | | (C) The right to refuse to engage in behaviors or | 13 | | activities that are uncomfortable or unsafe. | 14 | | (D) Dealing with unwanted physical contact. | 15 | | (E) Helping a peer deal with unwanted physical | 16 | | contact. | 17 | | (2) In the 6th through 12th grades, instruction and | 18 | | materials shall include age and developmentally | 19 | | appropriate instruction on consent and how to give and | 20 | | receive consent, including a discussion that includes, but | 21 | | is not limited to, all of the following: | 22 | | (A) That consent is a freely given agreement to | 23 | | sexual activity. | 24 | | (B) That consent to one particular sexual activity | 25 | | does not constitute consent to other types of sexual | 26 | | activities. |
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| 1 | | (C) That a person's lack of verbal or physical | 2 | | resistance or submission resulting from the use or | 3 | | threat of force does not constitute consent. | 4 | | (D) That a person's manner of dress does not | 5 | | constitute consent. | 6 | | (E) That a person's consent to past sexual | 7 | | activity does not constitute consent to future sexual | 8 | | activity. | 9 | | (F) That a person's consent to engage in sexual | 10 | | activity with one person does not constitute consent | 11 | | to engage in sexual activity with another person. | 12 | | (G) That a person can withdraw consent at any | 13 | | time. | 14 | | (H) That a person cannot consent to sexual | 15 | | activity if that person is unable to understand the | 16 | | nature of the activity or give knowing consent due to | 17 | | certain circumstances that include, but are not | 18 | | limited to: | 19 | | (i) the person is incapacitated due to the use | 20 | | or influence of alcohol or drugs; | 21 | | (ii) the person is asleep or unconscious; | 22 | | (iii) the person is a minor; or | 23 | | (iv) the person is incapacitated due to a | 24 | | mental disability. | 25 | | (I) The legal age of consent in this State.
| 26 | | (Source: P.A. 102-522, eff. 8-20-21.)
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| 1 | | Section 99. Effective date. This Act takes effect upon | 2 | | becoming law.".
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