Full Text of SB0818 102nd General Assembly
SB0818sam002 102ND GENERAL ASSEMBLY | Sen. Ram Villivalam Filed: 4/29/2021
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| 1 | | AMENDMENT TO SENATE BILL 818
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 818, AS AMENDED, | 3 | | by replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 5. The School Code is amended by changing | 6 | | Sections 2-3.62, 27A-5, and 34-18.8 and by adding Sections | 7 | | 27-9.1a and 27-9.1b as follows:
| 8 | | (105 ILCS 5/2-3.62) (from Ch. 122, par. 2-3.62)
| 9 | | Sec. 2-3.62. Educational service centers.
| 10 | | (a) A regional network of educational service centers | 11 | | shall be established
by the State Board of Education to | 12 | | coordinate and combine existing services in
a manner which is | 13 | | practical and efficient and to provide new services to
schools | 14 | | as provided in this Section. Services to be made available by | 15 | | such
centers shall include the planning, implementation and | 16 | | evaluation of:
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| 1 | | (1) (blank);
| 2 | | (2) computer technology education;
| 3 | | (3) mathematics, science and reading resources for | 4 | | teachers including
continuing education, inservice | 5 | | training and staff development.
| 6 | | The centers may provide training, technical assistance, | 7 | | coordination and
planning in other program areas such as | 8 | | school improvement, school
accountability, financial planning, | 9 | | consultation, and services, career guidance, early childhood | 10 | | education, alcohol/drug
education and prevention, | 11 | | comprehensive personal health and safety education and | 12 | | comprehensive sexual health family life - sex education, | 13 | | electronic transmission
of data from school districts to the | 14 | | State, alternative education and regional
special education, | 15 | | and telecommunications systems that provide distance
learning. | 16 | | Such telecommunications systems may be obtained through the
| 17 | | Department of Central Management Services pursuant to Section | 18 | | 405-270 of the
Department of Central Management Services Law | 19 | | (20 ILCS 405/405-270). The programs and services of | 20 | | educational
service centers may be offered to private school | 21 | | teachers and private school
students within each service | 22 | | center area provided public schools have already
been afforded | 23 | | adequate access to such programs and services.
| 24 | | Upon the abolition of the office, removal from office, | 25 | | disqualification for office, resignation from office, or | 26 | | expiration of the current term of office of the regional |
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| 1 | | superintendent of schools, whichever is earlier, the chief | 2 | | administrative officer of the centers serving that portion of | 3 | | a Class II county school unit outside of a city of 500,000 or | 4 | | more inhabitants shall have and exercise, in and with respect | 5 | | to each educational service region having a population of | 6 | | 2,000,000 or more inhabitants and in and with respect to each | 7 | | school district located in any such educational service | 8 | | region, all of the rights, powers, duties, and | 9 | | responsibilities theretofore vested by law in and exercised | 10 | | and performed by the regional superintendent of schools for | 11 | | that area under the provisions of this Code or any other laws | 12 | | of this State. | 13 | | The State Board of Education shall promulgate rules and | 14 | | regulations necessary
to implement this Section. The rules | 15 | | shall include detailed standards which
delineate the scope and | 16 | | specific content of programs to be provided by each
| 17 | | Educational Service Center, as well as the specific planning, | 18 | | implementation
and evaluation services to be provided by each | 19 | | Center relative to its programs.
The Board shall also provide | 20 | | the standards by which it will evaluate the
programs provided | 21 | | by each Center.
| 22 | | (b) Centers serving Class 1 county school units shall be | 23 | | governed by an
11-member board, 3 members of which shall be | 24 | | public school teachers
nominated by the local bargaining | 25 | | representatives to the appropriate regional
superintendent for | 26 | | appointment and no more than 3 members of which shall be
from |
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| 1 | | each of the following categories, including but not limited to
| 2 | | superintendents, regional superintendents, school board | 3 | | members
and a representative of an institution of higher | 4 | | education. The members of
the board shall be appointed by the | 5 | | regional superintendents whose school
districts are served by | 6 | | the educational service center.
The composition of the board | 7 | | will reflect the revisions of this
amendatory Act of 1989 as | 8 | | the terms of office of current members expire.
| 9 | | (c) The centers shall be of sufficient size and number to | 10 | | assure delivery
of services to all local school districts in | 11 | | the State.
| 12 | | (d) From monies appropriated for this program the State | 13 | | Board of
Education shall provide grants paid from the Personal | 14 | | Property Tax Replacement Fund to qualifying Educational | 15 | | Service Centers
applying for such grants in accordance with | 16 | | rules and regulations
promulgated by the State Board of | 17 | | Education to implement this Section.
| 18 | | (e) The governing authority of each of the 18 regional | 19 | | educational service
centers shall appoint a comprehensive | 20 | | personal health and safety education and comprehensive sexual | 21 | | health family life - sex education advisory board
consisting | 22 | | of 2 parents, 2 teachers, 2 school administrators, 2 school
| 23 | | board members, 2 health care professionals, one library system
| 24 | | representative, and the director of the regional educational | 25 | | service center
who shall serve as chairperson of the advisory | 26 | | board so appointed. Members
of the comprehensive personal |
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| 1 | | health and safety education and comprehensive sexual health | 2 | | family life - sex education advisory boards shall serve | 3 | | without
compensation. Each of the advisory boards appointed | 4 | | pursuant to this
subsection shall develop a plan for regional | 5 | | teacher-parent comprehensive personal health and safety | 6 | | education and comprehensive sexual health family life - sex
| 7 | | education training sessions and shall file a written report of | 8 | | such plan
with the governing board of their regional | 9 | | educational service center. The
directors of each of the | 10 | | regional educational service
centers shall thereupon meet, | 11 | | review each of the reports submitted by the
advisory boards | 12 | | and combine those reports into a single written report which
| 13 | | they shall file with the Citizens Council on School Problems | 14 | | prior to the
end of the regular school term of the 1987-1988 | 15 | | school year.
| 16 | | (f) The 14 educational service centers serving Class I | 17 | | county school units
shall be disbanded on the first Monday of | 18 | | August, 1995, and their statutory
responsibilities and | 19 | | programs shall be assumed by the regional offices of
| 20 | | education, subject to rules and regulations developed by
the
| 21 | | State Board of Education. The regional superintendents of | 22 | | schools elected by
the voters residing in all Class I counties | 23 | | shall serve as the chief
administrators for these programs and | 24 | | services.
| 25 | | (Source: P.A. 98-24, eff. 6-19-13; 98-647, eff. 6-13-14; | 26 | | 99-30, eff. 7-10-15.)
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| 1 | | (105 ILCS 5/27-9.1a new) | 2 | | Sec. 27-9.1a. Comprehensive personal health and safety and | 3 | | comprehensive sexual health education. | 4 | | (a) In this Section: | 5 | | "Adapt" means to modify an evidence-based or | 6 | | evidence-informed program model for use with a particular | 7 | | demographic, ethnic, linguistic, or cultural group. | 8 | | "Age and developmentally appropriate" means suitable to | 9 | | particular ages or age groups of children and adolescents, | 10 | | based on the developing cognitive, emotional, and behavioral | 11 | | capacity typical for the age or age group. | 12 | | "Characteristics of effective programs" includes | 13 | | development, content, and implementation of such programs that | 14 | | (i) have been shown to be effective in terms of increasing | 15 | | knowledge, clarifying values and attitudes, increasing skills, | 16 | | and impacting behavior, (ii) are widely recognized by leading | 17 | | medical and public health agencies to be effective in changing | 18 | | sexual behaviors that lead to sexually transmitted infections, | 19 | | including HIV, unintended pregnancy, interpersonal violence, | 20 | | and sexual violence among young people, and (iii) are taught | 21 | | by professionals who provide a safe learning space, free from | 22 | | shame, stigma, and ideology and are trained in trauma-informed | 23 | | teaching methodologies. | 24 | | "Complete" means aligns with the National Sex Education | 25 | | Standards, including information on consent and healthy |
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| 1 | | relationships, anatomy and physiology, puberty and adolescent | 2 | | sexual development, gender identity and expression, sexual | 3 | | orientation and identity, sexual health, and interpersonal | 4 | | violence. | 5 | | "Comprehensive personal health and safety education" means | 6 | | age and developmentally appropriate education that aligns with | 7 | | the National Sex Education Standards, including information on | 8 | | consent and healthy relationships, anatomy and physiology, | 9 | | puberty and adolescent sexual development, gender identity and | 10 | | expression, sexual orientation and identity, sexual health, | 11 | | and interpersonal violence. | 12 | | "Comprehensive sexual health education" means age and | 13 | | developmentally appropriate education that aligns with the | 14 | | National Sex Education Standards, including information on | 15 | | consent and healthy relationships, anatomy and physiology, | 16 | | puberty and adolescent sexual development, gender identity and | 17 | | expression, sexual orientation and identity, sexual health, | 18 | | and interpersonal violence. | 19 | | "Consent" means an affirmative, knowing, conscious, | 20 | | ongoing, and voluntary agreement to engage in interpersonal, | 21 | | physical, or sexual activity, which can be revoked at any | 22 | | point, including during the course of interpersonal, physical, | 23 | | or sexual activity. | 24 | | "Culturally appropriate" means affirming culturally | 25 | | diverse individuals, families, and communities in an | 26 | | inclusive, respectful, and effective manner, including |
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| 1 | | materials and instruction that are inclusive of race, | 2 | | ethnicity, language, cultural background, immigration status, | 3 | | religion, disability, gender, gender identity, gender | 4 | | expression, sexual orientation, and sexual behavior. | 5 | | "Evidence-based program" means a program for which | 6 | | systematic, empirical research or evaluation has provided | 7 | | evidence of effectiveness. | 8 | | "Evidence-informed program" means a program that uses the | 9 | | best available research and practice knowledge to guide | 10 | | program design and implementation. | 11 | | "Gender stereotype" means a generalized view or | 12 | | preconception about what attributes, characteristics, or roles | 13 | | are or ought to be taught, possessed by, or performed by people | 14 | | based on their gender identity. | 15 | | "Healthy relationships" means relationships between | 16 | | individuals that consist of mutual respect, trust, honesty, | 17 | | support, fairness, equity, separate identities, physical and | 18 | | emotional safety, and good communication. | 19 | | "Identity" means people's understanding of how they | 20 | | identify their sexual orientation, gender, gender identity, or | 21 | | gender expression without stereotypes, shame, or stigma. | 22 | | "Inclusive" means inclusion of marginalized communities | 23 | | that include, but are not limited to, people of color, | 24 | | immigrants, people of diverse sexual orientations, gender | 25 | | identities, and gender expressions, people who are intersex, | 26 | | people with disabilities, people who have experienced |
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| 1 | | interpersonal or sexual violence, and others. | 2 | | "Interpersonal violence" means violent behavior used to | 3 | | establish power and control over another person. | 4 | | "Medically accurate" means verified or supported by the | 5 | | weight of research conducted in compliance with accepted | 6 | | scientific methods and published in peer-reviewed journals, if | 7 | | applicable, or comprising information recognized as accurate | 8 | | and objective. | 9 | | "Pre-exposure Prophylaxis (PrEP)" means medications | 10 | | approved by the federal Food and Drug Administration (FDA) and | 11 | | recommended by the United States Public Health Service or the | 12 | | federal Centers for Disease Control and Prevention for HIV | 13 | | pre-exposure prophylaxis and related pre-exposure prophylaxis | 14 | | services, including, but not limited to, HIV and sexually | 15 | | transmitted infection screening, treatment for sexually | 16 | | transmitted infections, medical monitoring, laboratory | 17 | | services, and sexual health counseling, to reduce the | 18 | | likelihood of HIV infection for individuals who are not living | 19 | | with HIV but are vulnerable to HIV exposure. | 20 | | "Post-exposure Prophylaxis (PeP)" means the medications | 21 | | that are recommended by the federal Centers for Disease | 22 | | Control and Prevention and other public health authorities to | 23 | | help prevent HIV infection after potential occupational or | 24 | | non-occupational HIV exposure. | 25 | | "Sexual violence" means discrimination, bullying, | 26 | | harassment, including sexual harassment, sexual abuse, sexual |
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| 1 | | assault, intimate partner violence, incest, rape, and human | 2 | | trafficking. | 3 | | "Trauma informed" means to address vital information about | 4 | | sexuality and well-being that takes into consideration how | 5 | | adverse life experiences may potentially influence a person's | 6 | | well-being and decision making. | 7 | | (b) All classes that teach comprehensive personal health | 8 | | and safety and comprehensive sexual health education shall | 9 | | satisfy the following criteria: | 10 | | (1) Course material and instruction shall be age and | 11 | | developmentally appropriate, medically accurate, | 12 | | complete, culturally appropriate, inclusive, and trauma | 13 | | informed. | 14 | | (2) Course material and instruction shall replicate | 15 | | evidence-based or evidence-informed programs or | 16 | | substantially incorporate elements of evidence-based | 17 | | programs or evidence-informed programs or characteristics | 18 | | of effective programs. | 19 | | (3) Course material and instruction shall be inclusive | 20 | | and sensitive to the needs of students based on their | 21 | | status as pregnant or parenting, living with STIs, | 22 | | including HIV, sexually active, asexual, or intersex or | 23 | | based on their gender, gender identity, gender expression, | 24 | | sexual orientation, sexual behavior, or disability. | 25 | | (4) Course material and instruction shall be | 26 | | accessible to students with disabilities, which may |
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| 1 | | include the use of a modified curriculum, materials, | 2 | | instruction in alternative formats, assistive technology, | 3 | | and auxiliary aids. | 4 | | (5) Course material and instruction shall help | 5 | | students develop self-advocacy skills for effective | 6 | | communication with parents or guardians, health and social | 7 | | service professionals, other trusted adults, and peers | 8 | | about sexual health and relationships. | 9 | | (6) Course material and instruction shall provide | 10 | | information to help students develop skills for developing | 11 | | healthy relationships and preventing and dealing with | 12 | | interpersonal violence and sexual violence. | 13 | | (7) Course material and instruction shall provide | 14 | | information to help students safely use the Internet, | 15 | | including social media, dating or relationship websites or | 16 | | applications, and texting. | 17 | | (8) Course material and instruction shall provide | 18 | | information about local resources where students can | 19 | | obtain additional information and confidential services | 20 | | related to parenting, bullying, interpersonal violence, | 21 | | sexual violence, suicide prevention, sexual and | 22 | | reproductive health, mental health, substance abuse, | 23 | | sexual orientation, gender identity, gender expression, | 24 | | and other related issues. | 25 | | (9) Course material and instruction shall include | 26 | | information about State laws related to minor |
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| 1 | | confidentiality and minor consent, including exceptions, | 2 | | consent education, mandated reporting of child abuse and | 3 | | neglect, the safe relinquishment of a newborn child, | 4 | | minors' access to confidential health care and related | 5 | | services, school policies addressing the prevention of and | 6 | | response to interpersonal and sexual violence, school | 7 | | breastfeeding accommodations, and school policies | 8 | | addressing the prevention of and response to sexual | 9 | | harassment. | 10 | | (10) Course material and instruction may not reflect | 11 | | or promote bias against any person on the basis of the | 12 | | person's race, ethnicity, language, cultural background, | 13 | | citizenship, religion, HIV status, family structure, | 14 | | disability, gender, gender identity, gender expression, | 15 | | sexual orientation, or sexual behavior. | 16 | | (11) Course material and instruction may not employ | 17 | | gender stereotypes. | 18 | | (12) Course material and instruction shall be | 19 | | inclusive of and may not be insensitive or unresponsive to | 20 | | the needs of survivors of interpersonal violence and | 21 | | sexual violence. | 22 | | (13) Course material and instruction may not | 23 | | proselytize any religious doctrine. | 24 | | (14) Course material and instruction may not | 25 | | deliberately withhold health-promoting or life-saving | 26 | | information about culturally appropriate health care and |
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| 1 | | services, including reproductive health services, hormone | 2 | | therapy, and FDA-approved treatments and options, | 3 | | including, but not limited to, Pre-exposure Prophylaxis | 4 | | (PrEP) and Post-exposure Prophylaxis (PeP). | 5 | | (15) Course material and instruction may not be | 6 | | inconsistent with the ethical imperatives of medicine and | 7 | | public health. | 8 | | (c) A school may utilize guest lecturers or resource | 9 | | persons to provide instruction or presentations in accordance | 10 | | with Section 10-22.34b. Comprehensive personal health and | 11 | | safety and comprehensive sexual health education instruction | 12 | | and materials provided by guest lecturers or resource persons | 13 | | may not conflict with the provisions of this Section. | 14 | | (d) No student shall be required to take or participate in | 15 | | any class or course in comprehensive personal health and | 16 | | safety and comprehensive sexual health education. A student's | 17 | | parent or guardian may opt the student out of comprehensive | 18 | | personal health and safety and comprehensive sexual health | 19 | | education by submitting the request in writing. Refusal to | 20 | | take or participate in such a course or program may not be a | 21 | | reason for disciplinary action, academic penalty, suspension, | 22 | | or expulsion or any other sanction of a student. A school | 23 | | district may not require active parental consent for | 24 | | comprehensive personal health and safety and comprehensive | 25 | | sexual health education. | 26 | | (e) An opportunity shall be afforded to individuals, |
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| 1 | | including parents or guardians, to review the scope and | 2 | | sequence of instructional materials to be used in a class or | 3 | | course under this Section, either electronically or in person. | 4 | | A school district shall annually post, on its Internet website | 5 | | if one exists, which curriculum is used to provide | 6 | | comprehensive personal health and safety and comprehensive | 7 | | sexual health education and the name and contact information, | 8 | | including an email address, of school personnel who can | 9 | | respond to inquiries about instruction and materials. | 10 | | (f) On or before August 1, 2022, the State Board of | 11 | | Education, in consultation with youth, parents, sexual health | 12 | | and violence prevention experts, health care providers, | 13 | | advocates, and education practitioners, including, but not | 14 | | limited to, administrators, regional superintendents of | 15 | | schools, teachers, and school support personnel, shall develop | 16 | | and adopt rigorous learning standards in the area of | 17 | | comprehensive personal health and safety and comprehensive | 18 | | sexual health education, including, but not limited to, all of | 19 | | the National Sex Education Standards, including information on | 20 | | consent and healthy relationships, anatomy and physiology, | 21 | | puberty and adolescent sexual development, gender identity and | 22 | | expression, sexual orientation and identity, sexual health, | 23 | | and interpersonal violence, as authored by the Future of Sex | 24 | | Education Initiative. As the National Sex Education Standards | 25 | | are updated, the State Board of Education shall update these | 26 | | learning standards. |
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| 1 | | (g) By no later than August 1, 2022, the State Board of | 2 | | Education shall make available resource materials developed in | 3 | | consultation with stakeholders, with the cooperation and input | 4 | | of experts that provide and entities that promote 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 policy. Materials may include, without | 9 | | limitation, model comprehensive personal health and safety and | 10 | | comprehensive sexual health education resources and programs. | 11 | | The State Board of Education shall make these resource | 12 | | materials available on its Internet website, in a clearly | 13 | | identified and easily accessible place. | 14 | | (h) Beginning no later than July 1, 2023, a school | 15 | | district shall provide: | 16 | | (1) age and developmentally appropriate, medically | 17 | | accurate, complete, culturally appropriate, inclusive, and | 18 | | trauma-informed comprehensive personal health and safety | 19 | | education in kindergarten through the 5th grade in all | 20 | | public schools; and | 21 | | (2) age and developmentally appropriate, medically | 22 | | accurate, complete, culturally appropriate, inclusive, and | 23 | | trauma-informed comprehensive sexual health education in | 24 | | the 6th through 12th grades in all public schools. | 25 | | (i) Schools may choose and adapt the age and | 26 | | developmentally appropriate, medically accurate, complete, |
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| 1 | | culturally appropriate, inclusive, and trauma-informed | 2 | | comprehensive personal health and safety and comprehensive | 3 | | sexual health education curriculum that meets the specific | 4 | | needs of their community. All instruction and materials, | 5 | | including materials provided or presented by outside | 6 | | consultants, community groups, or organizations, may not | 7 | | conflict with the provisions of this Section. | 8 | | (j) The State Board of Education shall, through existing | 9 | | reporting mechanisms if available, direct each school district | 10 | | to identify, if instruction on comprehensive personal health | 11 | | and safety and comprehensive sexual health education is | 12 | | provided, whether the instruction was provided by a teacher in | 13 | | the school, a consultant, or a community group or organization | 14 | | and specify the name of the outside consultant, community | 15 | | group, or organization; the number of students receiving | 16 | | instruction; the number of students excused from instruction; | 17 | | and the duration of instruction and shall report the results | 18 | | of this inquiry to the General Assembly annually, for a period | 19 | | of 2 years beginning one year after the effective date of this | 20 | | amendatory Act of the 102nd General Assembly. | 21 | | (105 ILCS 5/27-9.1b new) | 22 | | Sec. 27-9.1b. Consent education. | 23 | | (a) In this Section: | 24 | | "Age and developmentally appropriate" has the meaning | 25 | | ascribed to that term in Section 27-9.1a. |
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| 1 | | "Consent" has the meaning ascribed to that term in Section | 2 | | 27-9.1a. | 3 | | (b) A school district shall provide age and | 4 | | developmentally appropriate consent education in kindergarten | 5 | | through the 12th grade. | 6 | | (1) In kindergarten through the 5th grade, instruction | 7 | | and materials shall include age and developmentally | 8 | | appropriate instruction on consent and how to give and | 9 | | receive consent, including a discussion that includes, but | 10 | | is not limited to, all of the following: | 11 | | (A) Setting appropriate physical boundaries with | 12 | | others. | 13 | | (B) Respecting the physical boundaries of others. | 14 | | (C) The right to refuse to engage in behaviors or | 15 | | activities that are uncomfortable or unsafe. | 16 | | (D) Dealing with unwanted physical contact. | 17 | | (E) Helping a peer deal with unwanted physical | 18 | | contact. | 19 | | (2) In the 6th through 12th grades, instruction and | 20 | | materials shall include age and developmentally | 21 | | appropriate instruction on consent and how to give and | 22 | | receive consent, including a discussion that includes, but | 23 | | is not limited to, all of the following: | 24 | | (A) That consent is a freely given agreement to | 25 | | sexual activity. | 26 | | (B) That consent to one particular sexual activity |
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| 1 | | does not constitute consent to other types of sexual | 2 | | activities. | 3 | | (C) That a person's lack of verbal or physical | 4 | | resistance or submission resulting from the use or | 5 | | threat of force does not constitute consent. | 6 | | (D) That a person's manner of dress does not | 7 | | constitute consent. | 8 | | (E) That a person's consent to past sexual | 9 | | activity does not constitute consent to future sexual | 10 | | activity. | 11 | | (F) That a person's consent to engage in sexual | 12 | | activity with one person does not constitute consent | 13 | | to engage in sexual activity with another person. | 14 | | (G) That a person can withdraw consent at any | 15 | | time. | 16 | | (H) That a person cannot consent to sexual | 17 | | activity if that person is unable to understand the | 18 | | nature of the activity or give knowing consent due to | 19 | | certain circumstances that include, but are not | 20 | | limited to: | 21 | | (i) the person is incapacitated due to the use | 22 | | or influence of alcohol or drugs; | 23 | | (ii) the person is asleep or unconscious; | 24 | | (iii) the person is a minor; or | 25 | | (iv) the person is incapacitated due to a | 26 | | mental disability. |
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| 1 | | (I) The legal age of consent in this State.
| 2 | | (105 ILCS 5/27A-5)
| 3 | | Sec. 27A-5. Charter school; legal entity; requirements.
| 4 | | (a) A charter school shall be a public, nonsectarian, | 5 | | nonreligious, non-home
based, and non-profit school. A charter | 6 | | school shall be organized and operated
as a nonprofit | 7 | | corporation or other discrete, legal, nonprofit entity
| 8 | | authorized under the laws of the State of Illinois.
| 9 | | (b) A charter school may be established under this Article | 10 | | by creating a new
school or by converting an existing public | 11 | | school or attendance center to
charter
school status.
| 12 | | Beginning on April 16, 2003 (the effective date of Public Act | 13 | | 93-3), in all new
applications to establish
a charter
school | 14 | | in a city having a population exceeding 500,000, operation of | 15 | | the
charter
school shall be limited to one campus. The changes | 16 | | made to this Section by Public Act 93-3 do not apply to charter | 17 | | schools existing or approved on or before April 16, 2003 (the
| 18 | | effective date of Public Act 93-3). | 19 | | (b-5) In this subsection (b-5), "virtual-schooling" means | 20 | | a cyber school where students engage in online curriculum and | 21 | | instruction via the Internet and electronic communication with | 22 | | their teachers at remote locations and with students | 23 | | participating at different times. | 24 | | From April 1, 2013 through December 31, 2016, there is a | 25 | | moratorium on the establishment of charter schools with |
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| 1 | | virtual-schooling components in school districts other than a | 2 | | school district organized under Article 34 of this Code. This | 3 | | moratorium does not apply to a charter school with | 4 | | virtual-schooling components existing or approved prior to | 5 | | April 1, 2013 or to the renewal of the charter of a charter | 6 | | school with virtual-schooling components already approved | 7 | | prior to April 1, 2013.
| 8 | | (c) A charter school shall be administered and governed by | 9 | | its board of
directors or other governing body
in the manner | 10 | | provided in its charter. The governing body of a charter | 11 | | school
shall be subject to the Freedom of Information Act and | 12 | | the Open Meetings Act. No later than January 1, 2021 (one year | 13 | | after the effective date of Public Act 101-291), a charter | 14 | | school's board of directors or other governing body must | 15 | | include at least one parent or guardian of a pupil currently | 16 | | enrolled in the charter school who may be selected through the | 17 | | charter school or a charter network election, appointment by | 18 | | the charter school's board of directors or other governing | 19 | | body, or by the charter school's Parent Teacher Organization | 20 | | or its equivalent. | 21 | | (c-5) No later than January 1, 2021 (one year after the | 22 | | effective date of Public Act 101-291) or within the first year | 23 | | of his or her first term, every voting member of a charter | 24 | | school's board of directors or other governing body shall | 25 | | complete a minimum of 4 hours of professional development | 26 | | leadership training to ensure that each member has sufficient |
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| 1 | | familiarity with the board's or governing body's role and | 2 | | responsibilities, including financial oversight and | 3 | | accountability of the school, evaluating the principal's and | 4 | | school's performance, adherence to the Freedom of Information | 5 | | Act and the Open Meetings Act, and compliance with education | 6 | | and labor law. In each subsequent year of his or her term, a | 7 | | voting member of a charter school's board of directors or | 8 | | other governing body shall complete a minimum of 2 hours of | 9 | | professional development training in these same areas. The | 10 | | training under this subsection may be provided or certified by | 11 | | a statewide charter school membership association or may be | 12 | | provided or certified by other qualified providers approved by | 13 | | the State Board of Education.
| 14 | | (d) For purposes of this subsection (d), "non-curricular | 15 | | health and safety requirement" means any health and safety | 16 | | requirement created by statute or rule to provide, maintain, | 17 | | preserve, or safeguard safe or healthful conditions for | 18 | | students and school personnel or to eliminate, reduce, or | 19 | | prevent threats to the health and safety of students and | 20 | | school personnel. "Non-curricular health and safety | 21 | | requirement" does not include any course of study or | 22 | | specialized instructional requirement for which the State | 23 | | Board has established goals and learning standards or which is | 24 | | designed primarily to impart knowledge and skills for students | 25 | | to master and apply as an outcome of their education. | 26 | | A charter school shall comply with all non-curricular |
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| 1 | | health and safety
requirements applicable to public schools | 2 | | under the laws of the State of
Illinois. On or before September | 3 | | 1, 2015, the State Board shall promulgate and post on its | 4 | | Internet website a list of non-curricular health and safety | 5 | | requirements that a charter school must meet. The list shall | 6 | | be updated annually no later than September 1. Any charter | 7 | | contract between a charter school and its authorizer must | 8 | | contain a provision that requires the charter school to follow | 9 | | the list of all non-curricular health and safety requirements | 10 | | promulgated by the State Board and any non-curricular health | 11 | | and safety requirements added by the State Board to such list | 12 | | during the term of the charter. Nothing in this subsection (d) | 13 | | precludes an authorizer from including non-curricular health | 14 | | and safety requirements in a charter school contract that are | 15 | | not contained in the list promulgated by the State Board, | 16 | | including non-curricular health and safety requirements of the | 17 | | authorizing local school board.
| 18 | | (e) Except as otherwise provided in the School Code, a | 19 | | charter school shall
not charge tuition; provided that a | 20 | | charter school may charge reasonable fees
for textbooks, | 21 | | instructional materials, and student activities.
| 22 | | (f) A charter school shall be responsible for the | 23 | | management and operation
of its fiscal affairs including,
but | 24 | | not limited to, the preparation of its budget. An audit of each | 25 | | charter
school's finances shall be conducted annually by an | 26 | | outside, independent
contractor retained by the charter |
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| 1 | | school. To ensure financial accountability for the use of | 2 | | public funds, on or before December 1 of every year of | 3 | | operation, each charter school shall submit to its authorizer | 4 | | and the State Board a copy of its audit and a copy of the Form | 5 | | 990 the charter school filed that year with the federal | 6 | | Internal Revenue Service. In addition, if deemed necessary for | 7 | | proper financial oversight of the charter school, an | 8 | | authorizer may require quarterly financial statements from | 9 | | each charter school.
| 10 | | (g) A charter school shall comply with all provisions of | 11 | | this Article, the Illinois Educational Labor Relations Act, | 12 | | all federal and State laws and rules applicable to public | 13 | | schools that pertain to special education and the instruction | 14 | | of English learners, and
its charter. A charter
school is | 15 | | exempt from all other State laws and regulations in this Code
| 16 | | governing public
schools and local school board policies; | 17 | | however, a charter school is not exempt from the following:
| 18 | | (1) Sections 10-21.9 and 34-18.5 of this Code | 19 | | regarding criminal
history records checks and checks of | 20 | | the Statewide Sex Offender Database and Statewide Murderer | 21 | | and Violent Offender Against Youth Database of applicants | 22 | | for employment;
| 23 | | (2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and | 24 | | 34-84a of this Code regarding discipline of
students;
| 25 | | (3) the Local Governmental and Governmental Employees | 26 | | Tort Immunity Act;
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| 1 | | (4) Section 108.75 of the General Not For Profit | 2 | | Corporation Act of 1986
regarding indemnification of | 3 | | officers, directors, employees, and agents;
| 4 | | (5) the Abused and Neglected Child Reporting Act;
| 5 | | (5.5) subsection (b) of Section 10-23.12 and | 6 | | subsection (b) of Section 34-18.6 of this Code; | 7 | | (6) the Illinois School Student Records Act;
| 8 | | (7) Section 10-17a of this Code regarding school | 9 | | report cards;
| 10 | | (8) the P-20 Longitudinal Education Data System Act; | 11 | | (9) Section 27-23.7 of this Code regarding bullying | 12 | | prevention; | 13 | | (10) Section 2-3.162 of this Code regarding student | 14 | | discipline reporting; | 15 | | (11) Sections 22-80 and 27-8.1 of this Code; | 16 | | (12) Sections 10-20.60 and 34-18.53 of this Code; | 17 | | (13) Sections 10-20.63 and 34-18.56 of this Code; | 18 | | (14) Section 26-18 of this Code; | 19 | | (15) Section 22-30 of this Code; | 20 | | (16) Sections 24-12 and 34-85 of this Code; | 21 | | (17) the Seizure Smart School Act; and | 22 | | (18) Section 2-3.64a-10 of this Code ; . | 23 | | (19) Section 27-9.1a of this Code; | 24 | | (20) Section 27-9.1b of this Code; and | 25 | | (21) Section 34-18.8 of this Code. | 26 | | The change made by Public Act 96-104 to this subsection |
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| 1 | | (g) is declaratory of existing law. | 2 | | (h) A charter school may negotiate and contract with a | 3 | | school district, the
governing body of a State college or | 4 | | university or public community college, or
any other public or | 5 | | for-profit or nonprofit private entity for: (i) the use
of a | 6 | | school building and grounds or any other real property or | 7 | | facilities that
the charter school desires to use or convert | 8 | | for use as a charter school site,
(ii) the operation and | 9 | | maintenance thereof, and
(iii) the provision of any service, | 10 | | activity, or undertaking that the charter
school is required | 11 | | to perform in order to carry out the terms of its charter.
| 12 | | However, a charter school
that is established on
or
after | 13 | | April 16, 2003 (the effective date of Public Act 93-3) and that | 14 | | operates
in a city having a population exceeding
500,000 may | 15 | | not contract with a for-profit entity to
manage or operate the | 16 | | school during the period that commences on April 16, 2003 (the
| 17 | | effective date of Public Act 93-3) and
concludes at the end of | 18 | | the 2004-2005 school year.
Except as provided in subsection | 19 | | (i) of this Section, a school district may
charge a charter | 20 | | school reasonable rent for the use of the district's
| 21 | | buildings, grounds, and facilities. Any services for which a | 22 | | charter school
contracts
with a school district shall be | 23 | | provided by the district at cost. Any services
for which a | 24 | | charter school contracts with a local school board or with the
| 25 | | governing body of a State college or university or public | 26 | | community college
shall be provided by the public entity at |
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| 1 | | cost.
| 2 | | (i) In no event shall a charter school that is established | 3 | | by converting an
existing school or attendance center to | 4 | | charter school status be required to
pay rent for space
that is | 5 | | deemed available, as negotiated and provided in the charter | 6 | | agreement,
in school district
facilities. However, all other | 7 | | costs for the operation and maintenance of
school district | 8 | | facilities that are used by the charter school shall be | 9 | | subject
to negotiation between
the charter school and the | 10 | | local school board and shall be set forth in the
charter.
| 11 | | (j) A charter school may limit student enrollment by age | 12 | | or grade level.
| 13 | | (k) If the charter school is approved by the State Board or | 14 | | Commission, then the charter school is its own local education | 15 | | agency. | 16 | | (Source: P.A. 100-29, eff. 1-1-18; 100-156, eff. 1-1-18; | 17 | | 100-163, eff. 1-1-18; 100-413, eff. 1-1-18; 100-468, eff. | 18 | | 6-1-18; 100-726, eff. 1-1-19; 100-863, eff. 8-14-18; 101-50, | 19 | | eff. 7-1-20; 101-81, eff. 7-12-19; 101-291, eff. 1-1-20; | 20 | | 101-531, eff. 8-23-19; 101-543, eff. 8-23-19; 101-654, eff. | 21 | | 3-8-21.)
| 22 | | (105 ILCS 5/34-18.8) (from Ch. 122, par. 34-18.8)
| 23 | | Sec. 34-18.8. HIV AIDS training. School guidance | 24 | | counselors, nurses,
teachers , school social workers, and other | 25 | | school personnel who work with students shall pupils
may be |
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| 1 | | trained to have a basic knowledge of matters relating
to human | 2 | | immunodeficiency virus (HIV) acquired immunodeficiency | 3 | | syndrome (AIDS) , including the nature of the infection
| 4 | | disease , its causes and effects, the means of detecting it and | 5 | | preventing
its transmission, the availability of appropriate | 6 | | sources of counseling and
referral, and any other medically | 7 | | accurate information that is age and developmentally | 8 | | appropriate for may be appropriate considering the
age and | 9 | | grade level of such students pupils . The Board of Education | 10 | | shall supervise
such training. The State Board of Education | 11 | | and the Department of Public
Health shall jointly develop | 12 | | standards for such training.
| 13 | | (Source: P.A. 86-900.)
| 14 | | (105 ILCS 5/27-9.1 rep.)
| 15 | | (105 ILCS 5/27-9.2 rep.)
| 16 | | (105 ILCS 5/27-11 rep.)
| 17 | | Section 10. The School Code is amended by repealing | 18 | | Sections 27-9.1, 27-9.2, and 27-11. | 19 | | Section 15. The Critical Health Problems and Comprehensive | 20 | | Health
Education Act is amended by changing Section 3 as | 21 | | follows:
| 22 | | (105 ILCS 110/3)
| 23 | | Sec. 3. Comprehensive Health Education Program. The |
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| 1 | | program established
under this Act shall include, but not be | 2 | | limited to, the following major
educational areas as a basis | 3 | | for curricula in all elementary and secondary
schools in this | 4 | | State: human ecology and health, human growth and
development, | 5 | | the emotional, psychological, physiological, hygienic , and
| 6 | | social responsibilities of family life, culturally, | 7 | | developmentally, and age-appropriate, medically accurate, and | 8 | | evidence-based or evidence-informed information regarding | 9 | | including sexual abstinence until
marriage, prevention and | 10 | | control of disease, including instruction in
grades 6 through | 11 | | 12 on the prevention, transmission , and treatment of sexually | 12 | | transmitted infections, including HIV/AIDS spread of AIDS , | 13 | | age-appropriate sexual abuse and assault awareness and | 14 | | prevention education in grades pre-kindergarten through 12, | 15 | | public and environmental health, consumer health, safety | 16 | | education and
disaster survival, mental health and illness, | 17 | | personal health habits,
alcohol and , drug use , and abuse , | 18 | | including the medical and legal ramifications
of alcohol, | 19 | | drug, and tobacco use, abuse during pregnancy, evidence-based | 20 | | and medically accurate information regarding sexual
| 21 | | abstinence, tobacco, nutrition, and dental health. The | 22 | | instruction on mental health and illness must evaluate the | 23 | | multiple dimensions of health by reviewing the relationship | 24 | | between physical and mental health so as to enhance student | 25 | | understanding, attitudes, and behaviors that promote health, | 26 | | well-being, and human dignity. The program shall also provide |
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| 1 | | course material and instruction to advise students pupils of | 2 | | the Abandoned Newborn Infant Protection Act.
The program shall | 3 | | include medically accurate information about cancer, | 4 | | including , without limitation , types of cancer, signs and | 5 | | symptoms, risk factors, the importance of early prevention and | 6 | | detection, and information on where to go for help. | 7 | | Notwithstanding the above educational areas, the following | 8 | | areas may also
be included as a basis for curricula in all | 9 | | elementary and secondary
schools in this State: basic first | 10 | | aid (including, but not limited to,
cardiopulmonary | 11 | | resuscitation and the Heimlich maneuver), heart disease, | 12 | | diabetes, stroke, the
prevention of child abuse, neglect, and | 13 | | suicide, and teen dating violence in grades 7 through 12. | 14 | | Beginning with the 2014-2015 school year, training on how to | 15 | | properly administer cardiopulmonary resuscitation (which | 16 | | training must be in accordance with standards of the American | 17 | | Red Cross, the American Heart Association, or another | 18 | | nationally recognized certifying organization) and how to use | 19 | | an automated external defibrillator shall be included as a | 20 | | basis for curricula in all secondary schools in this State. | 21 | | The school board of each
public elementary and secondary | 22 | | school in the State
shall encourage all teachers and other | 23 | | school personnel to acquire,
develop, and maintain the | 24 | | knowledge and skills necessary to properly
administer | 25 | | life-saving techniques, including , without limitation , the
| 26 | | Heimlich maneuver and rescue breathing.
The training shall be |
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| 1 | | in
accordance with standards of the
American Red Cross, the | 2 | | American Heart Association, or another nationally
recognized | 3 | | certifying organization.
A school board may use the
services | 4 | | of non-governmental entities whose personnel have expertise in
| 5 | | life-saving techniques to instruct teachers and other school | 6 | | personnel in
these techniques. Each school board
is encouraged | 7 | | to have in
its employ, or on its volunteer staff, at least one | 8 | | person who is certified, by
the American Red Cross or by | 9 | | another qualified certifying agency,
as qualified to | 10 | | administer first aid and
cardiopulmonary resuscitation. In | 11 | | addition, each school board is authorized to
allocate | 12 | | appropriate portions of its institute or inservice days to | 13 | | conduct
training programs for teachers and other school | 14 | | personnel who have expressed an
interest in becoming qualified | 15 | | to administer emergency first aid or
cardiopulmonary | 16 | | resuscitation. School boards are urged to
encourage their | 17 | | teachers and other school personnel who coach school athletic
| 18 | | programs and other extracurricular school activities to | 19 | | acquire, develop, and
maintain the knowledge and skills | 20 | | necessary to properly administer first aid
and cardiopulmonary | 21 | | resuscitation in accordance with standards and requirements
| 22 | | established by the American Red Cross or another qualified | 23 | | certifying agency. Subject to appropriation, the State Board | 24 | | of Education shall establish and administer a matching grant | 25 | | program to pay for half of the cost that a school district | 26 | | incurs in training those teachers and other school personnel |
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| 1 | | who express an interest in becoming qualified to administer | 2 | | cardiopulmonary resuscitation (which training must be in
| 3 | | accordance with standards of the
American Red Cross, the | 4 | | American Heart Association, or another nationally
recognized | 5 | | certifying organization) or in learning how to use an | 6 | | automated external defibrillator. A school district that | 7 | | applies for a grant must demonstrate that it has funds to pay | 8 | | half of the cost of the training for which matching grant money | 9 | | is sought. The State Board of Education shall award the grants | 10 | | on a first-come, first-serve basis.
| 11 | | No student pupil shall be
required to take or participate | 12 | | in any class or course on HIV/AIDS AIDS or family
life | 13 | | instruction or to receive training on how to properly | 14 | | administer cardiopulmonary resuscitation or how to use an | 15 | | automated external defibrillator if the student's his or her | 16 | | parent or guardian submits written objection
thereto, and | 17 | | refusal to take or participate in the course or program or the | 18 | | training shall
not be reason for suspension or expulsion of | 19 | | the student pupil .
| 20 | | Curricula developed under programs established in | 21 | | accordance with this
Act in the major educational area of | 22 | | alcohol and drug use and abuse shall
include classroom | 23 | | instruction in grades 5 through 12. The instruction,
which | 24 | | shall include matters relating to both the physical and legal | 25 | | effects
and ramifications of drug and substance abuse, shall | 26 | | be integrated into
existing curricula; and the State Board of |
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| 1 | | Education shall develop and make
available to all elementary | 2 | | and secondary schools in this State
instructional materials | 3 | | and guidelines which will assist the schools in
incorporating | 4 | | the instruction into their existing curricula. In
addition, | 5 | | school districts may offer, as part of existing curricula | 6 | | during
the school day or as part of an after school program, | 7 | | support services and
instruction for students pupils or | 8 | | students pupils whose parent, parents, or guardians are
| 9 | | chemically dependent.
| 10 | | (Source: P.A. 101-305, eff. 1-1-20; revised 8-21-20.)
| 11 | | Section 99. Effective date. This Act takes effect upon | 12 | | becoming law.".
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