HB5494 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB5494

 

Introduced 1/31/2022, by Rep. Tom Weber

 

SYNOPSIS AS INTRODUCED:
 
105 ILCS 5/10-17a  from Ch. 122, par. 10-17a
105 ILCS 5/10-20.83 new
105 ILCS 5/10-20.84 new
105 ILCS 5/21B-75
105 ILCS 5/27-3  from Ch. 122, par. 27-3
105 ILCS 5/27-9.1a

    Amends the School Code. Provides that school districts may not include certain concepts as part of a course, or allow teachers or other employees of the school district to use supplemental instructional materials that include or promote certain concepts. Provides for a complaint method and cause of action for violations. Sets forth provisions regarding notice, developing a complaint form, ways to determine if there is a valid complaint, and penalties. Provides that if a school district uses a third-party vendor in providing a personal analysis, evaluation, or survey that reveals or attempts to affect a student's attitudes, habits, traits, opinions, beliefs, or feelings, the third-party vendor and the school district may not collect or maintain the responses to or results of the analysis, evaluation, or survey in a manner that would identify the responses or results of an individual student. Makes changes concerning courses in patriotism and principles of representative government education. Makes changes regarding courses in comprehensive personal health and safety and comprehensive sexual health education. Provides that the data on complaints shall be placed on the school's report card. Makes other changes. Effective immediately.


LRB102 24873 CMG 34122 b

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT
MAY APPLY

 

 

A BILL FOR

 

HB5494LRB102 24873 CMG 34122 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
510-17a, 21B-75, 27-3, and 27-9.1a and by adding Sections
610-20.83 and 10-20.84 as follows:
 
7    (105 ILCS 5/10-17a)  (from Ch. 122, par. 10-17a)
8    (Text of Section before amendment by P.A. 102-594)
9    Sec. 10-17a. State, school district, and school report
10cards.
11    (1) By October 31, 2013 and October 31 of each subsequent
12school year, the State Board of Education, through the State
13Superintendent of Education, shall prepare a State report
14card, school district report cards, and school report cards,
15and shall by the most economical economic means provide to
16each school district in this State, including special charter
17districts and districts subject to the provisions of Article
1834, the report cards for the school district and each of its
19schools. Because of the impacts of the COVID-19 public health
20emergency during school year 2020-2021, the State Board of
21Education shall have until December 31, 2021 to prepare and
22provide the report cards that would otherwise be due by
23October 31, 2021. During a school year in which the Governor

 

 

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1has declared a disaster due to a public health emergency
2pursuant to Section 7 of the Illinois Emergency Management
3Agency Act, the report cards for the school districts and each
4of its schools shall be prepared by December 31.
5    (2) In addition to any information required by federal
6law, the State Superintendent shall determine the indicators
7and presentation of the school report card, which must
8include, at a minimum, the most current data collected and
9maintained by the State Board of Education related to the
10following:
11        (A) school characteristics and student demographics,
12    including average class size, average teaching experience,
13    student racial/ethnic breakdown, and the percentage of
14    students classified as low-income; the percentage of
15    students classified as English learners, the number of
16    students who graduate from a bilingual or English learner
17    program, and the number of students who graduate from,
18    transfer from, or otherwise leave bilingual programs; the
19    percentage of students who have individualized education
20    plans or 504 plans that provide for special education
21    services; the number and percentage of all students who
22    have been assessed for placement in a gifted education or
23    advanced academic program and, of those students: (i) the
24    racial and ethnic breakdown, (ii) the percentage who are
25    classified as low-income, and (iii) the number and
26    percentage of students who received direct instruction

 

 

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1    from a teacher who holds a gifted education endorsement
2    and, of those students, the percentage who are classified
3    as low-income; the percentage of students scoring at the
4    "exceeds expectations" level on the assessments required
5    under Section 2-3.64a-5 of this Code; the percentage of
6    students who annually transferred in or out of the school
7    district; average daily attendance; the per-pupil
8    operating expenditure of the school district; and the
9    per-pupil State average operating expenditure for the
10    district type (elementary, high school, or unit);
11        (B) curriculum information, including, where
12    applicable, Advanced Placement, International
13    Baccalaureate or equivalent courses, dual enrollment
14    courses, foreign language classes, computer science
15    courses, school personnel resources (including Career
16    Technical Education teachers), before and after school
17    programs, extracurricular activities, subjects in which
18    elective classes are offered, health and wellness
19    initiatives (including the average number of days of
20    Physical Education per week per student), approved
21    programs of study, awards received, community
22    partnerships, and special programs such as programming for
23    the gifted and talented, students with disabilities, and
24    work-study students;
25        (C) student outcomes, including, where applicable, the
26    percentage of students deemed proficient on assessments of

 

 

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1    State standards, the percentage of students in the eighth
2    grade who pass Algebra, the percentage of students who
3    participated in workplace learning experiences, the
4    percentage of students enrolled in post-secondary
5    institutions (including colleges, universities, community
6    colleges, trade/vocational schools, and training programs
7    leading to career certification within 2 semesters of high
8    school graduation), the percentage of students graduating
9    from high school who are college and career ready, and the
10    percentage of graduates enrolled in community colleges,
11    colleges, and universities who are in one or more courses
12    that the community college, college, or university
13    identifies as a developmental course;
14        (D) student progress, including, where applicable, the
15    percentage of students in the ninth grade who have earned
16    5 credits or more without failing more than one core
17    class, a measure of students entering kindergarten ready
18    to learn, a measure of growth, and the percentage of
19    students who enter high school on track for college and
20    career readiness;
21        (E) the school environment, including, where
22    applicable, high school dropout rate by grade level, the
23    percentage of students with less than 10 absences in a
24    school year, the percentage of teachers with less than 10
25    absences in a school year for reasons other than
26    professional development, leaves taken pursuant to the

 

 

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1    federal Family Medical Leave Act of 1993, long-term
2    disability, or parental leaves, the 3-year average of the
3    percentage of teachers returning to the school from the
4    previous year, the number of different principals at the
5    school in the last 6 years, the number of teachers who hold
6    a gifted education endorsement, the process and criteria
7    used by the district to determine whether a student is
8    eligible for participation in a gifted education program
9    or advanced academic program and the manner in which
10    parents and guardians are made aware of the process and
11    criteria, 2 or more indicators from any school climate
12    survey selected or approved by the State and administered
13    pursuant to Section 2-3.153 of this Code, with the same or
14    similar indicators included on school report cards for all
15    surveys selected or approved by the State pursuant to
16    Section 2-3.153 of this Code, the combined percentage of
17    teachers rated as proficient or excellent in their most
18    recent evaluation, and, beginning with the 2022-2023
19    school year, data on the number of incidents of violence
20    that occurred on school grounds or during school-related
21    activities and that resulted in an out-of-school
22    suspension, expulsion, or removal to an alternative
23    setting, as reported pursuant to Section 2-3.162;
24        (F) a school district's and its individual schools'
25    balanced accountability measure, in accordance with
26    Section 2-3.25a of this Code;

 

 

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1        (G) the total and per pupil normal cost amount the
2    State contributed to the Teachers' Retirement System of
3    the State of Illinois in the prior fiscal year for the
4    school's employees, which shall be reported to the State
5    Board of Education by the Teachers' Retirement System of
6    the State of Illinois;
7        (H) for a school district organized under Article 34
8    of this Code only, State contributions to the Public
9    School Teachers' Pension and Retirement Fund of Chicago
10    and State contributions for health care for employees of
11    that school district;
12        (I) a school district's Final Percent of Adequacy, as
13    defined in paragraph (4) of subsection (f) of Section
14    18-8.15 of this Code;
15        (J) a school district's Local Capacity Target, as
16    defined in paragraph (2) of subsection (c) of Section
17    18-8.15 of this Code, displayed as a percentage amount;
18        (K) a school district's Real Receipts, as defined in
19    paragraph (1) of subsection (d) of Section 18-8.15 of this
20    Code, divided by a school district's Adequacy Target, as
21    defined in paragraph (1) of subsection (b) of Section
22    18-8.15 of this Code, displayed as a percentage amount;
23        (L) a school district's administrative costs;
24        (M) whether or not the school has participated in the
25    Illinois Youth Survey. In this paragraph (M), "Illinois
26    Youth Survey" means a self-report survey, administered in

 

 

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1    school settings every 2 years, designed to gather
2    information about health and social indicators, including
3    substance abuse patterns and the attitudes of students in
4    grades 8, 10, and 12; and
5        (N) whether the school offered its students career and
6    technical education opportunities; .
7        (O) the number of complaints filed with a school board
8    under Section 10-20.83 of this Code, including complaints
9    that were dismissed or investigated, the number of
10    complaints that were filed in which no violation was found
11    to have occurred, and the number of complaints that were
12    investigated and a violation was found to have occurred;
13    the number of disciplinary actions, other than
14    termination, that resulted from the findings of a
15    violation, the number of disciplinary actions that
16    resulted in termination resulting from a finding of a
17    violation, and the number of school employees that
18    resigned as a result of a finding that a violation
19    occurred.
20    The school report card shall also provide information that
21allows for comparing the current outcome, progress, and
22environment data to the State average, to the school data from
23the past 5 years, and to the outcomes, progress, and
24environment of similar schools based on the type of school and
25enrollment of low-income students, special education students,
26and English learners.

 

 

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1    As used in this subsection (2):
2    "Administrative costs" means costs associated with
3executive, administrative, or managerial functions within the
4school district that involve planning, organizing, managing,
5or directing the school district.
6    "Advanced academic program" means a course of study to
7which students are assigned based on advanced cognitive
8ability or advanced academic achievement compared to local age
9peers and in which the curriculum is substantially
10differentiated from the general curriculum to provide
11appropriate challenge and pace.
12    "Computer science" means the study of computers and
13algorithms, including their principles, their hardware and
14software designs, their implementation, and their impact on
15society. "Computer science" does not include the study of
16everyday uses of computers and computer applications, such as
17keyboarding or accessing the Internet.
18    "Gifted education" means educational services, including
19differentiated curricula and instructional methods, designed
20to meet the needs of gifted children as defined in Article 14A
21of this Code.
22    For the purposes of paragraph (A) of this subsection (2),
23"average daily attendance" means the average of the actual
24number of attendance days during the previous school year for
25any enrolled student who is subject to compulsory attendance
26by Section 26-1 of this Code at each school and charter school.

 

 

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1    (3) At the discretion of the State Superintendent, the
2school district report card shall include a subset of the
3information identified in paragraphs (A) through (E) of
4subsection (2) of this Section, as well as information
5relating to the operating expense per pupil and other finances
6of the school district, and the State report card shall
7include a subset of the information identified in paragraphs
8(A) through (E) and paragraph (N) of subsection (2) of this
9Section. The school district report card shall include the
10average daily attendance, as that term is defined in
11subsection (2) of this Section, of students who have
12individualized education programs and students who have 504
13plans that provide for special education services within the
14school district.
15    (4) Notwithstanding anything to the contrary in this
16Section, in consultation with key education stakeholders, the
17State Superintendent shall at any time have the discretion to
18amend or update any and all metrics on the school, district, or
19State report card.
20    (5) Annually, no more than 30 calendar days after receipt
21of the school district and school report cards from the State
22Superintendent of Education, each school district, including
23special charter districts and districts subject to the
24provisions of Article 34, shall present such report cards at a
25regular school board meeting subject to applicable notice
26requirements, post the report cards on the school district's

 

 

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1Internet web site, if the district maintains an Internet web
2site, make the report cards available to a newspaper of
3general circulation serving the district, and, upon request,
4send the report cards home to a parent (unless the district
5does not maintain an Internet web site, in which case the
6report card shall be sent home to parents without request). If
7the district posts the report card on its Internet web site,
8the district shall send a written notice home to parents
9stating (i) that the report card is available on the web site,
10(ii) the address of the web site, (iii) that a printed copy of
11the report card will be sent to parents upon request, and (iv)
12the telephone number that parents may call to request a
13printed copy of the report card.
14    (6) Nothing contained in Public Act 98-648 repeals,
15supersedes, invalidates, or nullifies final decisions in
16lawsuits pending on July 1, 2014 (the effective date of Public
17Act 98-648) in Illinois courts involving the interpretation of
18Public Act 97-8.
19(Source: P.A. 101-68, eff. 1-1-20; 101-81, eff. 7-12-19;
20101-654, eff. 3-8-21; 102-16, eff. 6-17-21; 102-294, eff.
211-1-22; 102-539, eff. 8-20-21; 102-558, eff. 8-20-21; revised
2210-18-21.)
 
23    (Text of Section after amendment by P.A. 102-594)
24    Sec. 10-17a. State, school district, and school report
25cards.

 

 

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1    (1) By October 31, 2013 and October 31 of each subsequent
2school year, the State Board of Education, through the State
3Superintendent of Education, shall prepare a State report
4card, school district report cards, and school report cards,
5and shall by the most economical economic means provide to
6each school district in this State, including special charter
7districts and districts subject to the provisions of Article
834, the report cards for the school district and each of its
9schools. Because of the impacts of the COVID-19 public health
10emergency during school year 2020-2021, the State Board of
11Education shall have until December 31, 2021 to prepare and
12provide the report cards that would otherwise be due by
13October 31, 2021. During a school year in which the Governor
14has declared a disaster due to a public health emergency
15pursuant to Section 7 of the Illinois Emergency Management
16Agency Act, the report cards for the school districts and each
17of its schools shall be prepared by December 31.
18    (2) In addition to any information required by federal
19law, the State Superintendent shall determine the indicators
20and presentation of the school report card, which must
21include, at a minimum, the most current data collected and
22maintained by the State Board of Education related to the
23following:
24        (A) school characteristics and student demographics,
25    including average class size, average teaching experience,
26    student racial/ethnic breakdown, and the percentage of

 

 

HB5494- 12 -LRB102 24873 CMG 34122 b

1    students classified as low-income; the percentage of
2    students classified as English learners, the number of
3    students who graduate from a bilingual or English learner
4    program, and the number of students who graduate from,
5    transfer from, or otherwise leave bilingual programs; the
6    percentage of students who have individualized education
7    plans or 504 plans that provide for special education
8    services; the number and percentage of all students who
9    have been assessed for placement in a gifted education or
10    advanced academic program and, of those students: (i) the
11    racial and ethnic breakdown, (ii) the percentage who are
12    classified as low-income, and (iii) the number and
13    percentage of students who received direct instruction
14    from a teacher who holds a gifted education endorsement
15    and, of those students, the percentage who are classified
16    as low-income; the percentage of students scoring at the
17    "exceeds expectations" level on the assessments required
18    under Section 2-3.64a-5 of this Code; the percentage of
19    students who annually transferred in or out of the school
20    district; average daily attendance; the per-pupil
21    operating expenditure of the school district; and the
22    per-pupil State average operating expenditure for the
23    district type (elementary, high school, or unit);
24        (B) curriculum information, including, where
25    applicable, Advanced Placement, International
26    Baccalaureate or equivalent courses, dual enrollment

 

 

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1    courses, foreign language classes, computer science
2    courses, school personnel resources (including Career
3    Technical Education teachers), before and after school
4    programs, extracurricular activities, subjects in which
5    elective classes are offered, health and wellness
6    initiatives (including the average number of days of
7    Physical Education per week per student), approved
8    programs of study, awards received, community
9    partnerships, and special programs such as programming for
10    the gifted and talented, students with disabilities, and
11    work-study students;
12        (C) student outcomes, including, where applicable, the
13    percentage of students deemed proficient on assessments of
14    State standards, the percentage of students in the eighth
15    grade who pass Algebra, the percentage of students who
16    participated in workplace learning experiences, the
17    percentage of students enrolled in post-secondary
18    institutions (including colleges, universities, community
19    colleges, trade/vocational schools, and training programs
20    leading to career certification within 2 semesters of high
21    school graduation), the percentage of students graduating
22    from high school who are college and career ready, and the
23    percentage of graduates enrolled in community colleges,
24    colleges, and universities who are in one or more courses
25    that the community college, college, or university
26    identifies as a developmental course;

 

 

HB5494- 14 -LRB102 24873 CMG 34122 b

1        (D) student progress, including, where applicable, the
2    percentage of students in the ninth grade who have earned
3    5 credits or more without failing more than one core
4    class, a measure of students entering kindergarten ready
5    to learn, a measure of growth, and the percentage of
6    students who enter high school on track for college and
7    career readiness;
8        (E) the school environment, including, where
9    applicable, high school dropout rate by grade level, the
10    percentage of students with less than 10 absences in a
11    school year, the percentage of teachers with less than 10
12    absences in a school year for reasons other than
13    professional development, leaves taken pursuant to the
14    federal Family Medical Leave Act of 1993, long-term
15    disability, or parental leaves, the 3-year average of the
16    percentage of teachers returning to the school from the
17    previous year, the number of different principals at the
18    school in the last 6 years, the number of teachers who hold
19    a gifted education endorsement, the process and criteria
20    used by the district to determine whether a student is
21    eligible for participation in a gifted education program
22    or advanced academic program and the manner in which
23    parents and guardians are made aware of the process and
24    criteria, the number of teachers who are National Board
25    Certified Teachers, disaggregated by race and ethnicity, 2
26    or more indicators from any school climate survey selected

 

 

HB5494- 15 -LRB102 24873 CMG 34122 b

1    or approved by the State and administered pursuant to
2    Section 2-3.153 of this Code, with the same or similar
3    indicators included on school report cards for all surveys
4    selected or approved by the State pursuant to Section
5    2-3.153 of this Code, the combined percentage of teachers
6    rated as proficient or excellent in their most recent
7    evaluation, and, beginning with the 2022-2023 school year,
8    data on the number of incidents of violence that occurred
9    on school grounds or during school-related activities and
10    that resulted in an out-of-school suspension, expulsion,
11    or removal to an alternative setting, as reported pursuant
12    to Section 2-3.162;
13        (F) a school district's and its individual schools'
14    balanced accountability measure, in accordance with
15    Section 2-3.25a of this Code;
16        (G) the total and per pupil normal cost amount the
17    State contributed to the Teachers' Retirement System of
18    the State of Illinois in the prior fiscal year for the
19    school's employees, which shall be reported to the State
20    Board of Education by the Teachers' Retirement System of
21    the State of Illinois;
22        (H) for a school district organized under Article 34
23    of this Code only, State contributions to the Public
24    School Teachers' Pension and Retirement Fund of Chicago
25    and State contributions for health care for employees of
26    that school district;

 

 

HB5494- 16 -LRB102 24873 CMG 34122 b

1        (I) a school district's Final Percent of Adequacy, as
2    defined in paragraph (4) of subsection (f) of Section
3    18-8.15 of this Code;
4        (J) a school district's Local Capacity Target, as
5    defined in paragraph (2) of subsection (c) of Section
6    18-8.15 of this Code, displayed as a percentage amount;
7        (K) a school district's Real Receipts, as defined in
8    paragraph (1) of subsection (d) of Section 18-8.15 of this
9    Code, divided by a school district's Adequacy Target, as
10    defined in paragraph (1) of subsection (b) of Section
11    18-8.15 of this Code, displayed as a percentage amount;
12        (L) a school district's administrative costs;
13        (M) whether or not the school has participated in the
14    Illinois Youth Survey. In this paragraph (M), "Illinois
15    Youth Survey" means a self-report survey, administered in
16    school settings every 2 years, designed to gather
17    information about health and social indicators, including
18    substance abuse patterns and the attitudes of students in
19    grades 8, 10, and 12; and
20        (N) whether the school offered its students career and
21    technical education opportunities; and .
22        (O) The number of complaints filed with a school board
23    under Section 10-20.83 of this Code, including complaints
24    that were dismissed or investigated, the number of
25    complaints that were filed in which no violation was found
26    to have occurred, and the number of complaints that were

 

 

HB5494- 17 -LRB102 24873 CMG 34122 b

1    investigated and a violation was found to have occurred;
2    the number of disciplinary actions, other than
3    termination, that resulted from the findings of a
4    violation, the number of disciplinary actions that
5    resulted in termination resulting from a finding of a
6    violation, and the number of school employees that
7    resigned as a result of a finding that a violation
8    occurred.
9    The school report card shall also provide information that
10allows for comparing the current outcome, progress, and
11environment data to the State average, to the school data from
12the past 5 years, and to the outcomes, progress, and
13environment of similar schools based on the type of school and
14enrollment of low-income students, special education students,
15and English learners.
16    As used in this subsection (2):
17    "Administrative costs" means costs associated with
18executive, administrative, or managerial functions within the
19school district that involve planning, organizing, managing,
20or directing the school district.
21    "Advanced academic program" means a course of study to
22which students are assigned based on advanced cognitive
23ability or advanced academic achievement compared to local age
24peers and in which the curriculum is substantially
25differentiated from the general curriculum to provide
26appropriate challenge and pace.

 

 

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1    "Computer science" means the study of computers and
2algorithms, including their principles, their hardware and
3software designs, their implementation, and their impact on
4society. "Computer science" does not include the study of
5everyday uses of computers and computer applications, such as
6keyboarding or accessing the Internet.
7    "Gifted education" means educational services, including
8differentiated curricula and instructional methods, designed
9to meet the needs of gifted children as defined in Article 14A
10of this Code.
11    For the purposes of paragraph (A) of this subsection (2),
12"average daily attendance" means the average of the actual
13number of attendance days during the previous school year for
14any enrolled student who is subject to compulsory attendance
15by Section 26-1 of this Code at each school and charter school.
16    (3) At the discretion of the State Superintendent, the
17school district report card shall include a subset of the
18information identified in paragraphs (A) through (E) of
19subsection (2) of this Section, as well as information
20relating to the operating expense per pupil and other finances
21of the school district, and the State report card shall
22include a subset of the information identified in paragraphs
23(A) through (E) and paragraph (N) of subsection (2) of this
24Section. The school district report card shall include the
25average daily attendance, as that term is defined in
26subsection (2) of this Section, of students who have

 

 

HB5494- 19 -LRB102 24873 CMG 34122 b

1individualized education programs and students who have 504
2plans that provide for special education services within the
3school district.
4    (4) Notwithstanding anything to the contrary in this
5Section, in consultation with key education stakeholders, the
6State Superintendent shall at any time have the discretion to
7amend or update any and all metrics on the school, district, or
8State report card.
9    (5) Annually, no more than 30 calendar days after receipt
10of the school district and school report cards from the State
11Superintendent of Education, each school district, including
12special charter districts and districts subject to the
13provisions of Article 34, shall present such report cards at a
14regular school board meeting subject to applicable notice
15requirements, post the report cards on the school district's
16Internet web site, if the district maintains an Internet web
17site, make the report cards available to a newspaper of
18general circulation serving the district, and, upon request,
19send the report cards home to a parent (unless the district
20does not maintain an Internet web site, in which case the
21report card shall be sent home to parents without request). If
22the district posts the report card on its Internet web site,
23the district shall send a written notice home to parents
24stating (i) that the report card is available on the web site,
25(ii) the address of the web site, (iii) that a printed copy of
26the report card will be sent to parents upon request, and (iv)

 

 

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1the telephone number that parents may call to request a
2printed copy of the report card.
3    (6) Nothing contained in Public Act 98-648 repeals,
4supersedes, invalidates, or nullifies final decisions in
5lawsuits pending on July 1, 2014 (the effective date of Public
6Act 98-648) in Illinois courts involving the interpretation of
7Public Act 97-8.
8(Source: P.A. 101-68, eff. 1-1-20; 101-81, eff. 7-12-19;
9101-654, eff. 3-8-21; 102-16, eff. 6-17-21; 102-294, eff.
101-1-22; 102-539, eff. 8-20-21; 102-558, eff. 8-20-21; 102-594,
11eff. 7-1-22; revised 10-18-21.)
 
12    (105 ILCS 5/10-20.83 new)
13    Sec. 10-20.83. Discrimination on the basis of race or sex
14in the form of bias, stereotyping, scapegoating,
15classification, or categorical assignment.
16    (a) Definitions. In this Section, "protected right
17petitioner" means: (i) a parent or guardian, or emancipated
18student; (ii) a school employee; (iii) a school board member;
19(iv) a member or employee of the State Board; (v) the State
20Superintendent of Education; or (vi) an individual who resides
21within the attendance area of a school where the individual
22intends to submit a complaint under subsection (h).
23    (b) It is the policy of the State to prohibit
24discrimination on the basis of race or sex in the form of bias,
25stereotyping, scapegoating, classification, or categorical

 

 

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1assignment of traits, morals, values, or characteristics based
2solely on race or sex. School districts are prohibited from
3engaging in race-based or sex-based discriminatory acts by
4using methods described in subsection (c) that results in
5treating individuals differently on the basis of race or sex
6or in the creation of a hostile environment.
7    (c) A school district may not include or promote the
8following concepts as part of a course or allow teachers or
9other employees of the school district to use supplemental
10instructional materials that include or promote the following
11concepts:
12        (1) One race or sex is inherently superior to another
13    race or sex.
14        (2) An individual, by virtue of the individual's race
15    or sex, is inherently privileged, racist, sexist, or
16    oppressive, whether consciously or subconsciously.
17        (3) An individual should be discriminated against or
18    receive adverse treatment because of the individual's race
19    or sex.
20        (4) Members of one race or sex cannot and should not
21    attempt to treat others without respect to race or sex.
22        (5) An individual's moral character is determined by
23    the individual's race or sex.
24        (6) An individual, by virtue of the individual's race
25    or sex, bears responsibility for actions committed in the
26    past by other members of the same race or sex.

 

 

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1        (7) An individual should feel discomfort, guilt, or
2    anguish or another form of psychological distress solely
3    because of the individual's race or sex.
4        (8) Meritocracy or traits such as hard work ethic are
5    racist or sexist, or designed by a particular race or sex
6    to oppress members of another race or sex.
7        (9) Illinois or the United States was founded as a
8    racist or sexist State or nation and is fundamentally or
9    irredeemably racist or sexist.
10    (d) Notwithstanding subsection (c), this Section does not
11prohibit a school district from including, as part of a
12course, or from allowing teachers or other employees of the
13school district to use supplemental instructional materials
14that provide the following:
15        (1) The history of an ethnic group.
16        (2) The impartial discussion of controversial aspects
17    of history.
18        (3) The impartial instruction on the historic
19    oppression of a particular group of people based on race,
20    ethnicity, class, nationality, religion, or geographic
21    region.
22        (4) Historical documents relevant to topics described
23    in paragraphs (1) through (3) in this subsection.
24    (e) Nothing in this Section shall be construed as to
25prohibit the required collection or reporting of demographic
26data by the school district.

 

 

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1    (f) A school district may not do the following:
2        (1) Provide, contract to provide, offer, or sponsor
3    any course that includes, incorporates, or is based on
4    concepts prohibited under this Section.
5        (2) Use money, property, assets, or resources for a
6    purpose that includes, incorporates, or is based on
7    concepts prohibited under this Section.
8        (3) Adopt programs or use curricular material,
9    instructional material, curriculum, classroom
10    assignments, orientation, interventions, or counseling
11    that include, incorporate, or are based on concepts under
12    this Section.
13        (4) Execute a contract or agreement with an internal
14    or external entity or person to provide services,
15    training, professional development, or any other
16    assistance that includes or incorporates concepts
17    prohibited under this Section.
18        (5) Receive or apply to receive money that requires,
19    as a condition of receipt of the money, the adoption of a
20    course, policy, curriculum, or any other instructional
21    material that includes, incorporates, or is based on
22    concepts prohibited under this Section.
23        (6) Adopting diversity, equity, or inclusion plans or
24    training for students or school employees that includes,
25    incorporates, or is based on concepts prohibited under
26    this Section.

 

 

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1        (7) Adopting policies, including grading or admissions
2    policies, or providing any other benefit or services that
3    applies to students or school employees differently on the
4    basis of race or sex. This includes segregated classes,
5    programs, training sessions, extracurricular activities,
6    or affinity groups.
7        (8) Allow any school employee to disseminate to any
8    minor any harmful material, as defined by Section 11-21 of
9    the Criminal Code of 2012, that would be deemed as harmful
10    to minors or knowingly and willfully violate any
11    provisions included in Section 11-21 of the Criminal Code
12    of 2012.
13    (g) The State Board may not do the following:
14        (1) Establish or mandate any State standard or adopt
15    any rule that includes, incorporates, or is based on
16    concepts prohibited under this Section.
17        (2) Provide resources that include, incorporate, or
18    are based on concepts prohibited under this Section. This
19    prohibition includes executing contracts or agreements
20    with an external entity or individual to provide services,
21    courses, or any other assistance that includes,
22    incorporates, or is based on concepts prohibited under
23    this Section.
24        (3) Receive or apply to receive money that requires,
25    as a condition of receipt of the money, the adoption of
26    programs, policies, curriculum, or any other learning

 

 

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1    material that includes, incorporates, or is based on
2    concepts prohibited under this Section.
3    (h) The State Board shall develop a complaint form to be
4used by a protected right petitioner to file a complaint with a
5school board for any violation of this Section. The complaint
6form must contain the following minimum information:
7        (1) The date of the complaint.
8        (2) The date or dates that the alleged violation
9    occurred.
10        (3) A detailed description of the alleged violation.
11        (4) Information necessary to enable the school to
12    investigate the alleged violation.
13        (5) The option for the protected right petitioner to
14    provide the identification of witnesses the school board
15    may interview, if applicable.
16    The State Board shall maintain a copy of the complaint
17form on the State Board's website. In addition, each school
18district must maintain a link to the complaint form on the
19school district's website, if the school district maintains
20one.
21    (i) A protected right petitioner may file a complaint form
22developed by the State Board with a school board alleging a
23violation of this Section. The school board shall investigate
24each complaint form to determine whether a violation occurred.
25    Each school board shall designate at least one employee to
26respond to complaints under this Section. Each school district

 

 

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1shall include contact information for the designated
2individual on the school district's website, if the school
3district maintains one, which shall include the following
4information:
5        (1) name;
6        (2) address;
7        (3) telephone number; and
8        (4) electronic mail address.
9    Upon receipt of a complaint form, the school board shall
10acknowledge receipt of the complaint form no later than three
11business days following receipt of the complaint form. The
12school board shall investigate the complaint within 10
13business days of receipt of the complaint form and make
14findings that shall be sent by mail to the protected right
15petitioner. If the school board finds:
16        (1) that a violation occurred, then the findings must
17    include a description of how the school board will remedy
18    the violation; or
19        (2) that a violation did not occur, then the findings
20    must include an explanation of the school board's
21    findings.
22    The school board shall provide the protected right
23petitioner notice of the protected right petitioner's right to
24appeal and the deadline to appeal the findings with a copy of
25the findings mailed to the protected right petitioner.
26    (j) A protected right petitioner may appeal a school

 

 

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1board's findings if the protected right petitioner believes
2that the school board has incorrectly refused to investigate a
3complaint form or the protected right petitioner has evidence
4that a school board has reached an incorrect determination.
5The appeal must be submitted to the State Board by the
6protected right petitioner no later than 30 days after the
7date of the school board's findings and notice of the
8protected right petitioner's right to appeal were mailed to
9the protected right petitioner. The appeal must be submitted
10to the State Board on a form prescribed by the State Board. The
11form shall be available on the State Board's website and each
12school district's website if a school district maintains one.
13    The State Board shall send notice to the school board of an
14appeal submitted no later than 3 business days after receipt
15of an appeal. The State Board shall then appoint an
16administrative law judge and conduct adjudicative proceedings.
17An administrative law judge shall issue a final order.
18    If an administrative law judge determines that the school
19board committed a violation, the final order may do any of the
20following:
21        (1) Require the school board to remedy the violation.
22        (2) Withhold evidence-based funding under Section
23    18-8.15 of the School Code from the school district.
24        (3) Recommend that the State Board revoke the school
25    district's recognition status.
26        (4) Suspend or revoke an educator license issued under

 

 

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1    Article 21B of the School Code.
2        (5) Include a recommendation for the Attorney General
3    to assess a civil penalty on the school board.
4    A school board shall comply with a final order issued by
5the State Board. The State Board shall submit a copy of the
6State Board's final order to the Attorney General no later
7than 5 business days after the date the final order is issued.
8Upon receipt, the Attorney General or his or her designee
9shall review the findings of the State Board. The Attorney
10General may request additional information from the school
11board or the State Board necessary to review the findings and
12final order. If, after conducting the review, the Attorney
13General determines that a violation occurred, the Attorney
14General may assess a civil penalty against the school board in
15the following prescribed manner:
16        (1) For a first violation, at least $1,000 but less
17    than $5,000 for each student who is the subject of a
18    violation.
19        (2) For a second violation, at least $5,000 but less
20    than $10,000 for each student who is the subject of a
21    violation.
22        (3) For any subsequent violation, at least $10,000 for
23    each student who is the subject of a violation.
24    A civil penalty assessed shall be deposited into the
25Common School Fund.
26    (k) A protected right petitioner may bring a civil action

 

 

HB5494- 29 -LRB102 24873 CMG 34122 b

1against a school board if the protected right petitioner is
2the subject of a violation by the school board. A court may
3award the following to a protected right petitioner who
4prevails in a civil action under this subsection:
5        (1) Court costs and reasonable attorney's fees.
6        (2) The greater of:
7            (A) Actual damages resulting from the violation;
8        or
9            (B) Liquidated damages in an amount of $5,000.
10    (l) A school board may not take any retaliatory action
11against any protected right petitioner, or any other person
12related to or associated with the protected right petitioner.
13    (m) Nothing in this Section shall be construed as to
14require a school board to disclose personal identifiable
15information of a student.
16    (n) The State Board may adopt any rules necessary to
17implement this Section.
 
18    (105 ILCS 5/10-20.84 new)
19    Sec. 10-20.84. Survey identification. If a school district
20uses a third-party vendor in providing a personal analysis,
21evaluation, or survey that reveals or attempts to affect a
22student's attitudes, habits, traits, opinions, beliefs, or
23feelings, the third-party vendor and the school district may
24not collect or maintain the responses to or results of the
25analysis, evaluation, or survey in a manner that would

 

 

HB5494- 30 -LRB102 24873 CMG 34122 b

1identify the responses or results of an individual student.
2The school district shall post blank copies of each
3questionnaire, study, and survey the third-party vendor is
4using on the school district's website, if one is maintained,
5at least 30 days before, and for a time period of no less than
6one year, the questionnaire, study, or survey is distributed
7to students to take.
 
8    (105 ILCS 5/21B-75)
9    Sec. 21B-75. Suspension or revocation of license,
10endorsement, or approval.
11    (a) As used in this Section, "teacher" means any school
12district employee regularly required to be licensed, as
13provided in this Article, in order to teach or supervise in the
14public schools.
15    (b) The State Superintendent of Education has the
16exclusive authority, in accordance with this Section and any
17rules adopted by the State Board of Education, in consultation
18with the State Educator Preparation and Licensure Board, to
19initiate the suspension of up to 5 calendar years or
20revocation of any license, endorsement, or approval issued
21pursuant to this Article for abuse or neglect of a child,
22immorality, a condition of health detrimental to the welfare
23of pupils, incompetency, unprofessional conduct (which
24includes the failure to disclose on an employment application
25any previous conviction for a sex offense, as defined in

 

 

HB5494- 31 -LRB102 24873 CMG 34122 b

1Section 21B-80 of this Code, or any other offense committed in
2any other state or against the laws of the United States that,
3if committed in this State, would be punishable as a sex
4offense, as defined in Section 21B-80 of this Code), the
5neglect of any professional duty, willful or negligent failure
6to report an instance of suspected child abuse or neglect as
7required by the Abused and Neglected Child Reporting Act,
8willfully, knowingly, and without probable cause making a
9false claim in a complaint filed under Section 10-20.83, or
10other just cause. Negligent failure to report an instance of
11suspected child abuse or neglect occurs when a teacher
12personally observes an instance of suspected child abuse or
13neglect and reasonably believes, in his or her professional or
14official capacity, that the instance constitutes an act of
15child abuse or neglect under the Abused and Neglected Child
16Reporting Act, and he or she, without willful intent, fails to
17immediately report or cause a report to be made of the
18suspected abuse or neglect to the Department of Children and
19Family Services, as required by the Abused and Neglected Child
20Reporting Act. Unprofessional conduct shall include the
21refusal to attend or participate in institutes, teachers'
22meetings, or professional readings or to meet other reasonable
23requirements of the regional superintendent of schools or
24State Superintendent of Education. Unprofessional conduct also
25includes conduct that violates the standards, ethics, or rules
26applicable to the security, administration, monitoring, or

 

 

HB5494- 32 -LRB102 24873 CMG 34122 b

1scoring of or the reporting of scores from any assessment test
2or examination administered under Section 2-3.64a-5 of this
3Code or that is known or intended to produce or report
4manipulated or artificial, rather than actual, assessment or
5achievement results or gains from the administration of those
6tests or examinations. Unprofessional conduct shall also
7include neglect or unnecessary delay in the making of
8statistical and other reports required by school officers.
9Incompetency shall include, without limitation, 2 or more
10school terms of service for which the license holder has
11received an unsatisfactory rating on a performance evaluation
12conducted pursuant to Article 24A of this Code within a period
13of 7 school terms of service. In determining whether to
14initiate action against one or more licenses based on
15incompetency and the recommended sanction for such action, the
16State Superintendent shall consider factors that include
17without limitation all of the following:
18        (1) Whether the unsatisfactory evaluation ratings
19    occurred prior to June 13, 2011 (the effective date of
20    Public Act 97-8).
21        (2) Whether the unsatisfactory evaluation ratings
22    occurred prior to or after the implementation date, as
23    defined in Section 24A-2.5 of this Code, of an evaluation
24    system for teachers in a school district.
25        (3) Whether the evaluator or evaluators who performed
26    an unsatisfactory evaluation met the pre-licensure and

 

 

HB5494- 33 -LRB102 24873 CMG 34122 b

1    training requirements set forth in Section 24A-3 of this
2    Code.
3        (4) The time between the unsatisfactory evaluation
4    ratings.
5        (5) The quality of the remediation plans associated
6    with the unsatisfactory evaluation ratings and whether the
7    license holder successfully completed the remediation
8    plans.
9        (6) Whether the unsatisfactory evaluation ratings were
10    related to the same or different assignments performed by
11    the license holder.
12        (7) Whether one or more of the unsatisfactory
13    evaluation ratings occurred in the first year of a
14    teaching or administrative assignment.
15When initiating an action against one or more licenses, the
16State Superintendent may seek required professional
17development as a sanction in lieu of or in addition to
18suspension or revocation. Any such required professional
19development must be at the expense of the license holder, who
20may use, if available and applicable to the requirements
21established by administrative or court order, training,
22coursework, or other professional development funds in
23accordance with the terms of an applicable collective
24bargaining agreement entered into after June 13, 2011 (the
25effective date of Public Act 97-8), unless that agreement
26specifically precludes use of funds for such purpose.

 

 

HB5494- 34 -LRB102 24873 CMG 34122 b

1    (c) The State Superintendent of Education shall, upon
2receipt of evidence of abuse or neglect of a child,
3immorality, a condition of health detrimental to the welfare
4of pupils, incompetency (subject to subsection (b) of this
5Section), unprofessional conduct, the neglect of any
6professional duty, or other just cause, further investigate
7and, if and as appropriate, serve written notice to the
8individual and afford the individual opportunity for a hearing
9prior to suspension, revocation, or other sanction; provided
10that the State Superintendent is under no obligation to
11initiate such an investigation if the Department of Children
12and Family Services is investigating the same or substantially
13similar allegations and its child protective service unit has
14not made its determination, as required under Section 7.12 of
15the Abused and Neglected Child Reporting Act. If the State
16Superintendent of Education does not receive from an
17individual a request for a hearing within 10 days after the
18individual receives notice, the suspension, revocation, or
19other sanction shall immediately take effect in accordance
20with the notice. If a hearing is requested within 10 days after
21notice of an opportunity for hearing, it shall act as a stay of
22proceedings until the State Educator Preparation and Licensure
23Board issues a decision. Any hearing shall take place in the
24educational service region where the educator is or was last
25employed and in accordance with rules adopted by the State
26Board of Education, in consultation with the State Educator

 

 

HB5494- 35 -LRB102 24873 CMG 34122 b

1Preparation and Licensure Board, and such rules shall include
2without limitation provisions for discovery and the sharing of
3information between parties prior to the hearing. The standard
4of proof for any administrative hearing held pursuant to this
5Section shall be by the preponderance of the evidence. The
6decision of the State Educator Preparation and Licensure Board
7is a final administrative decision and is subject to judicial
8review by appeal of either party.
9    The State Board of Education may refuse to issue or may
10suspend the license of any person who fails to file a return or
11to pay the tax, penalty, or interest shown in a filed return or
12to pay any final assessment of tax, penalty, or interest, as
13required by any tax Act administered by the Department of
14Revenue, until such time as the requirements of any such tax
15Act are satisfied.
16    The exclusive authority of the State Superintendent of
17Education to initiate suspension or revocation of a license
18pursuant to this Section does not preclude a regional
19superintendent of schools from cooperating with the State
20Superintendent or a State's Attorney with respect to an
21investigation of alleged misconduct.
22    (d) The State Superintendent of Education or his or her
23designee may initiate and conduct such investigations as may
24be reasonably necessary to establish the existence of any
25alleged misconduct. At any stage of the investigation, the
26State Superintendent may issue a subpoena requiring the

 

 

HB5494- 36 -LRB102 24873 CMG 34122 b

1attendance and testimony of a witness, including the license
2holder, and the production of any evidence, including files,
3records, correspondence, or documents, relating to any matter
4in question in the investigation. The subpoena shall require a
5witness to appear at the State Board of Education at a
6specified date and time and shall specify any evidence to be
7produced. The license holder is not entitled to be present,
8but the State Superintendent shall provide the license holder
9with a copy of any recorded testimony prior to a hearing under
10this Section. Such recorded testimony must not be used as
11evidence at a hearing, unless the license holder has adequate
12notice of the testimony and the opportunity to cross-examine
13the witness. Failure of a license holder to comply with a duly
14issued, investigatory subpoena may be grounds for revocation,
15suspension, or denial of a license.
16    (e) All correspondence, documentation, and other
17information so received by the regional superintendent of
18schools, the State Superintendent of Education, the State
19Board of Education, or the State Educator Preparation and
20Licensure Board under this Section is confidential and must
21not be disclosed to third parties, except (i) as necessary for
22the State Superintendent of Education or his or her designee
23to investigate and prosecute pursuant to this Article, (ii)
24pursuant to a court order, (iii) for disclosure to the license
25holder or his or her representative, or (iv) as otherwise
26required in this Article and provided that any such

 

 

HB5494- 37 -LRB102 24873 CMG 34122 b

1information admitted into evidence in a hearing is exempt from
2this confidentiality and non-disclosure requirement.
3    (f) The State Superintendent of Education or a person
4designated by him or her shall have the power to administer
5oaths to witnesses at any hearing conducted before the State
6Educator Preparation and Licensure Board pursuant to this
7Section. The State Superintendent of Education or a person
8designated by him or her is authorized to subpoena and bring
9before the State Educator Preparation and Licensure Board any
10person in this State and to take testimony either orally or by
11deposition or by exhibit, with the same fees and mileage and in
12the same manner as prescribed by law in judicial proceedings
13in civil cases in circuit courts of this State.
14    (g) Any circuit court, upon the application of the State
15Superintendent of Education or the license holder, may, by
16order duly entered, require the attendance of witnesses and
17the production of relevant books and papers as part of any
18investigation or at any hearing the State Educator Preparation
19and Licensure Board is authorized to conduct pursuant to this
20Section, and the court may compel obedience to its orders by
21proceedings for contempt.
22    (h) The State Board of Education shall receive an annual
23line item appropriation to cover fees associated with the
24investigation and prosecution of alleged educator misconduct
25and hearings related thereto.
26(Source: P.A. 101-531, eff. 8-23-19; 102-552, eff. 1-1-22.)
 

 

 

HB5494- 38 -LRB102 24873 CMG 34122 b

1    (105 ILCS 5/27-3)  (from Ch. 122, par. 27-3)
2    Sec. 27-3. Patriotism and principles of representative
3government - Proper use of flag - Method of voting - Pledge of
4Allegiance. American patriotism and the principles of
5representative government, as enunciated in the American
6Declaration of Independence, the Constitution of the United
7States of America and the Constitution of the State of
8Illinois, and the proper use and display of the American flag,
9shall be taught in all public schools and other educational
10institutions supported or maintained in whole or in part by
11public funds. Students shall receive instruction that
12socialism, Marxism, communism, totalitarianism, or similar
13political systems are incompatible with and in conflict with
14the principles of freedom upon which the United States was
15founded. In addition, students must be instructed that if any
16of these political systems were to replace the current form of
17government, the government of the United States would be
18overthrown and existing freedoms under the Constitution would
19no longer exist. As such, socialism, Marxism, communism,
20totalitarianism, or similar political systems are detrimental
21to the people of the United States. No student shall receive a
22certificate of graduation without passing a satisfactory
23examination upon such subjects, which may be administered
24remotely.
25    Instruction shall be given in all such schools and

 

 

HB5494- 39 -LRB102 24873 CMG 34122 b

1institutions in the method of voting at elections by means of
2the Australian Ballot system and the method of the counting of
3votes for candidates.
4    The Pledge of Allegiance shall be recited each school day
5by pupils in elementary and secondary educational institutions
6supported or maintained in whole or in part by public funds.
7(Source: P.A. 101-643, eff. 6-18-20.)
 
8    (105 ILCS 5/27-9.1a)
9    Sec. 27-9.1a. Comprehensive personal health and safety and
10comprehensive sexual health education.
11    (a) In this Section:
12    "Adapt" means to modify an evidence-based or
13evidence-informed program model for use with a particular
14demographic, ethnic, linguistic, or cultural group.
15    "Age and developmentally appropriate" means suitable to
16particular ages or age groups of children and adolescents,
17based on the developing cognitive, emotional, and behavioral
18capacity typical for the age or age group.
19    "Characteristics of effective programs" includes
20development, content, and implementation of such programs that
21(i) have been shown to be effective in terms of increasing
22knowledge, clarifying values and attitudes, increasing skills,
23and impacting behavior, (ii) are widely recognized by leading
24medical and public health agencies to be effective in changing
25sexual behaviors that lead to sexually transmitted infections,

 

 

HB5494- 40 -LRB102 24873 CMG 34122 b

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.

 

 

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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

 

 

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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

 

 

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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

 

 

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1must may opt in the student out of comprehensive personal
2health and safety and comprehensive sexual health education by
3submitting the request in writing. Prior to obtaining prior
4written consent, the school board shall provide the parent or
5guardian with informed written notice which shall accurately
6describe and detail the contents and nature of the instruction
7on comprehensive personal health and safety and comprehensive
8sexual health education, including all written materials the
9student will be provided. Refusal to take or participate in
10such a course or program may not be a reason for disciplinary
11action, academic penalty, suspension, or expulsion or any
12other sanction of a student. A school district may not require
13active parental consent for comprehensive personal health and
14safety and comprehensive sexual health education.
15    (e) An opportunity shall be afforded to individuals,
16including parents or guardians, to review the scope and
17sequence of instructional materials to be used in a class or
18course under this Section, either electronically or in person.
19A school district shall annually post, on its Internet website
20if one exists, which curriculum is used to provide
21comprehensive personal health and safety and comprehensive
22sexual health education and the name and contact information,
23including an email address, of school personnel who can
24respond to inquiries about instruction and materials.
25    (f) On or before August 1, 2022, the State Board of
26Education, in consultation with youth, parents, sexual health

 

 

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1and violence prevention experts, health care providers,
2advocates, and education practitioners, including, but not
3limited to, administrators, regional superintendents of
4schools, teachers, and school support personnel, shall develop
5and adopt rigorous learning standards in the area of
6comprehensive personal health and safety education for pupils
7in kindergarten through the 5th grade and comprehensive sexual
8health education for pupils in the 6th through 12th grades,
9including, but not limited to, all of the National Sex
10Education Standards, including information on consent and
11healthy relationships, anatomy and physiology, puberty and
12adolescent sexual development, gender identity and expression,
13sexual orientation and identity, sexual health, and
14interpersonal violence, as authored by the Future of Sex
15Education Initiative. As the National Sex Education Standards
16are updated, the State Board of Education shall update these
17learning standards.
18    (g) By no later than August 1, 2022, the State Board of
19Education shall make available resource materials developed in
20consultation with stakeholders, with the cooperation and input
21of experts that provide and entities that promote age and
22developmentally appropriate, medically accurate, complete,
23culturally appropriate, inclusive, and trauma-informed
24comprehensive personal health and safety and comprehensive
25sexual health education policy. Materials may include, without
26limitation, model comprehensive personal health and safety and

 

 

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1comprehensive sexual health education resources and programs.
2The State Board of Education shall make these resource
3materials available on its Internet website, in a clearly
4identified and easily accessible place.
5    (h) Schools may choose and adapt the age and
6developmentally appropriate, medically accurate, complete,
7culturally appropriate, inclusive, and trauma-informed
8comprehensive personal health and safety and comprehensive
9sexual health education curriculum that meets the specific
10needs of their community. All instruction and materials,
11including materials provided or presented by outside
12consultants, community groups, or organizations, may not
13conflict with the provisions of this Section.
14    (i) The State Board of Education shall, through existing
15reporting mechanisms if available, direct each school district
16to identify the following:
17        (1) if instruction on comprehensive personal health
18    and safety and comprehensive sexual health education is
19    provided;
20        (2) whether the instruction was provided by a teacher
21    in the school, a consultant, or a community group or
22    organization and specify the name of the outside
23    consultant, community group, or organization;
24        (3) the number of students receiving instruction;
25        (4) the number of students excused from instruction;
26    and

 

 

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1        (5) the duration of instruction.
2    The State Board of Education shall report the results of
3this inquiry to the General Assembly annually, for a period of
45 years beginning one year after the effective date of this
5amendatory Act of the 102nd General Assembly.
6(Source: P.A. 102-522, eff. 8-20-21.)
 
7    Section 95. No acceleration or delay. Where this Act makes
8changes in a statute that is represented in this Act by text
9that is not yet or no longer in effect (for example, a Section
10represented by multiple versions), the use of that text does
11not accelerate or delay the taking effect of (i) the changes
12made by this Act or (ii) provisions derived from any other
13Public Act.
 
14    Section 99. Effective date. This Act takes effect upon
15becoming law.