Illinois General Assembly - Full Text of SB0818
Illinois General Assembly

  Bills & Resolutions  
  Compiled Statutes  
  Public Acts  
  Legislative Reports  
  IL Constitution  
  Legislative Guide  
  Legislative Glossary  

 Search By Number
 (example: HB0001)
Search Tips

Search By Keyword

Full Text of SB0818  102nd General Assembly

SB0818sam002 102ND GENERAL ASSEMBLY

Sen. Ram Villivalam

Filed: 4/29/2021

 

 


 

 


 
10200SB0818sam002LRB102 04606 CMG 26006 a

1
AMENDMENT TO SENATE BILL 818

2    AMENDMENT NO. ______. Amend Senate Bill 818, AS AMENDED,
3by replacing everything after the enacting clause with the
4following:
 
5    "Section 5. The School Code is amended by changing
6Sections 2-3.62, 27A-5, and 34-18.8 and by adding Sections
727-9.1a 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
11shall be established by the State Board of Education to
12coordinate and combine existing services in a manner which is
13practical and efficient and to provide new services to schools
14as provided in this Section. Services to be made available by
15such centers shall include the planning, implementation and
16evaluation of:

 

 

10200SB0818sam002- 2 -LRB102 04606 CMG 26006 a

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,
7coordination and planning in other program areas such as
8school improvement, school accountability, financial planning,
9consultation, and services, career guidance, early childhood
10education, alcohol/drug education and prevention,
11comprehensive personal health and safety education and
12comprehensive sexual health family life - sex education,
13electronic transmission of data from school districts to the
14State, alternative education and regional special education,
15and telecommunications systems that provide distance learning.
16Such telecommunications systems may be obtained through the
17Department of Central Management Services pursuant to Section
18405-270 of the Department of Central Management Services Law
19(20 ILCS 405/405-270). The programs and services of
20educational service centers may be offered to private school
21teachers and private school students within each service
22center area provided public schools have already been afforded
23adequate access to such programs and services.
24    Upon the abolition of the office, removal from office,
25disqualification for office, resignation from office, or
26expiration of the current term of office of the regional

 

 

10200SB0818sam002- 3 -LRB102 04606 CMG 26006 a

1superintendent of schools, whichever is earlier, the chief
2administrative officer of the centers serving that portion of
3a Class II county school unit outside of a city of 500,000 or
4more inhabitants shall have and exercise, in and with respect
5to each educational service region having a population of
62,000,000 or more inhabitants and in and with respect to each
7school district located in any such educational service
8region, all of the rights, powers, duties, and
9responsibilities theretofore vested by law in and exercised
10and performed by the regional superintendent of schools for
11that area under the provisions of this Code or any other laws
12of this State.
13    The State Board of Education shall promulgate rules and
14regulations necessary to implement this Section. The rules
15shall include detailed standards which delineate the scope and
16specific content of programs to be provided by each
17Educational Service Center, as well as the specific planning,
18implementation and evaluation services to be provided by each
19Center relative to its programs. The Board shall also provide
20the standards by which it will evaluate the programs provided
21by each Center.
22    (b) Centers serving Class 1 county school units shall be
23governed by an 11-member board, 3 members of which shall be
24public school teachers nominated by the local bargaining
25representatives to the appropriate regional superintendent for
26appointment and no more than 3 members of which shall be from

 

 

10200SB0818sam002- 4 -LRB102 04606 CMG 26006 a

1each of the following categories, including but not limited to
2superintendents, regional superintendents, school board
3members and a representative of an institution of higher
4education. The members of the board shall be appointed by the
5regional superintendents whose school districts are served by
6the educational service center. The composition of the board
7will reflect the revisions of this amendatory Act of 1989 as
8the terms of office of current members expire.
9    (c) The centers shall be of sufficient size and number to
10assure delivery of services to all local school districts in
11the State.
12    (d) From monies appropriated for this program the State
13Board of Education shall provide grants paid from the Personal
14Property Tax Replacement Fund to qualifying Educational
15Service Centers applying for such grants in accordance with
16rules and regulations promulgated by the State Board of
17Education to implement this Section.
18    (e) The governing authority of each of the 18 regional
19educational service centers shall appoint a comprehensive
20personal health and safety education and comprehensive sexual
21health family life - sex education advisory board consisting
22of 2 parents, 2 teachers, 2 school administrators, 2 school
23board members, 2 health care professionals, one library system
24representative, and the director of the regional educational
25service center who shall serve as chairperson of the advisory
26board so appointed. Members of the comprehensive personal

 

 

10200SB0818sam002- 5 -LRB102 04606 CMG 26006 a

1health and safety education and comprehensive sexual health
2family life - sex education advisory boards shall serve
3without compensation. Each of the advisory boards appointed
4pursuant to this subsection shall develop a plan for regional
5teacher-parent comprehensive personal health and safety
6education and comprehensive sexual health family life - sex
7education training sessions and shall file a written report of
8such plan with the governing board of their regional
9educational service center. The directors of each of the
10regional educational service centers shall thereupon meet,
11review each of the reports submitted by the advisory boards
12and combine those reports into a single written report which
13they shall file with the Citizens Council on School Problems
14prior to the end of the regular school term of the 1987-1988
15school year.
16    (f) The 14 educational service centers serving Class I
17county school units shall be disbanded on the first Monday of
18August, 1995, and their statutory responsibilities and
19programs shall be assumed by the regional offices of
20education, subject to rules and regulations developed by the
21State Board of Education. The regional superintendents of
22schools elected by the voters residing in all Class I counties
23shall serve as the chief administrators for these programs and
24services.
25(Source: P.A. 98-24, eff. 6-19-13; 98-647, eff. 6-13-14;
2699-30, eff. 7-10-15.)
 

 

 

10200SB0818sam002- 6 -LRB102 04606 CMG 26006 a

1    (105 ILCS 5/27-9.1a new)
2    Sec. 27-9.1a. Comprehensive personal health and safety and
3comprehensive sexual health education.
4    (a) In this Section:
5    "Adapt" means to modify an evidence-based or
6evidence-informed program model for use with a particular
7demographic, ethnic, linguistic, or cultural group.
8    "Age and developmentally appropriate" means suitable to
9particular ages or age groups of children and adolescents,
10based on the developing cognitive, emotional, and behavioral
11capacity typical for the age or age group.
12    "Characteristics of effective programs" includes
13development, content, and implementation of such programs that
14(i) have been shown to be effective in terms of increasing
15knowledge, clarifying values and attitudes, increasing skills,
16and impacting behavior, (ii) are widely recognized by leading
17medical and public health agencies to be effective in changing
18sexual behaviors that lead to sexually transmitted infections,
19including HIV, unintended pregnancy, interpersonal violence,
20and sexual violence among young people, and (iii) are taught
21by professionals who provide a safe learning space, free from
22shame, stigma, and ideology and are trained in trauma-informed
23teaching methodologies.
24    "Complete" means aligns with the National Sex Education
25Standards, including information on consent and healthy

 

 

10200SB0818sam002- 7 -LRB102 04606 CMG 26006 a

1relationships, anatomy and physiology, puberty and adolescent
2sexual development, gender identity and expression, sexual
3orientation and identity, sexual health, and interpersonal
4violence.
5    "Comprehensive personal health and safety education" means
6age and developmentally appropriate education that aligns with
7the National Sex Education Standards, including information on
8consent and healthy relationships, anatomy and physiology,
9puberty and adolescent sexual development, gender identity and
10expression, sexual orientation and identity, sexual health,
11and interpersonal violence.
12    "Comprehensive sexual health education" means age and
13developmentally appropriate education that aligns with the
14National 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    "Consent" means an affirmative, knowing, conscious,
20ongoing, and voluntary agreement to engage in interpersonal,
21physical, or sexual activity, which can be revoked at any
22point, including during the course of interpersonal, physical,
23or sexual activity.
24    "Culturally appropriate" means affirming culturally
25diverse individuals, families, and communities in an
26inclusive, respectful, and effective manner, including

 

 

10200SB0818sam002- 8 -LRB102 04606 CMG 26006 a

1materials and instruction that are inclusive of race,
2ethnicity, language, cultural background, immigration status,
3religion, disability, gender, gender identity, gender
4expression, sexual orientation, and sexual behavior.
5    "Evidence-based program" means a program for which
6systematic, empirical research or evaluation has provided
7evidence of effectiveness.
8    "Evidence-informed program" means a program that uses the
9best available research and practice knowledge to guide
10program design and implementation.
11    "Gender stereotype" means a generalized view or
12preconception about what attributes, characteristics, or roles
13are or ought to be taught, possessed by, or performed by people
14based on their gender identity.
15    "Healthy relationships" means relationships between
16individuals that consist of mutual respect, trust, honesty,
17support, fairness, equity, separate identities, physical and
18emotional safety, and good communication.
19    "Identity" means people's understanding of how they
20identify their sexual orientation, gender, gender identity, or
21gender expression without stereotypes, shame, or stigma.
22    "Inclusive" means inclusion of marginalized communities
23that include, but are not limited to, people of color,
24immigrants, people of diverse sexual orientations, gender
25identities, and gender expressions, people who are intersex,
26people with disabilities, people who have experienced

 

 

10200SB0818sam002- 9 -LRB102 04606 CMG 26006 a

1interpersonal or sexual violence, and others.
2    "Interpersonal violence" means violent behavior used to
3establish power and control over another person.
4    "Medically accurate" means verified or supported by the
5weight of research conducted in compliance with accepted
6scientific methods and published in peer-reviewed journals, if
7applicable, or comprising information recognized as accurate
8and objective.
9    "Pre-exposure Prophylaxis (PrEP)" means medications
10approved by the federal Food and Drug Administration (FDA) and
11recommended by the United States Public Health Service or the
12federal Centers for Disease Control and Prevention for HIV
13pre-exposure prophylaxis and related pre-exposure prophylaxis
14services, including, but not limited to, HIV and sexually
15transmitted infection screening, treatment for sexually
16transmitted infections, medical monitoring, laboratory
17services, and sexual health counseling, to reduce the
18likelihood of HIV infection for individuals who are not living
19with HIV but are vulnerable to HIV exposure.
20    "Post-exposure Prophylaxis (PeP)" means the medications
21that are recommended by the federal Centers for Disease
22Control and Prevention and other public health authorities to
23help prevent HIV infection after potential occupational or
24non-occupational HIV exposure.
25    "Sexual violence" means discrimination, bullying,
26harassment, including sexual harassment, sexual abuse, sexual

 

 

10200SB0818sam002- 10 -LRB102 04606 CMG 26006 a

1assault, intimate partner violence, incest, rape, and human
2trafficking.
3    "Trauma informed" means to address vital information about
4sexuality and well-being that takes into consideration how
5adverse life experiences may potentially influence a person's
6well-being and decision making.
7    (b) All classes that teach comprehensive personal health
8and safety and comprehensive sexual health education shall
9satisfy 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

 

 

10200SB0818sam002- 11 -LRB102 04606 CMG 26006 a

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

 

 

10200SB0818sam002- 12 -LRB102 04606 CMG 26006 a

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

 

 

10200SB0818sam002- 13 -LRB102 04606 CMG 26006 a

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
9persons to provide instruction or presentations in accordance
10with Section 10-22.34b. Comprehensive personal health and
11safety and comprehensive sexual health education instruction
12and materials provided by guest lecturers or resource persons
13may not conflict with the provisions of this Section.
14    (d) No student shall be required to take or participate in
15any class or course in comprehensive personal health and
16safety and comprehensive sexual health education. A student's
17parent or guardian may opt the student out of comprehensive
18personal health and safety and comprehensive sexual health
19education by submitting the request in writing. Refusal to
20take or participate in such a course or program may not be a
21reason for disciplinary action, academic penalty, suspension,
22or expulsion or any other sanction of a student. A school
23district may not require active parental consent for
24comprehensive personal health and safety and comprehensive
25sexual health education.
26    (e) An opportunity shall be afforded to individuals,

 

 

10200SB0818sam002- 14 -LRB102 04606 CMG 26006 a

1including parents or guardians, to review the scope and
2sequence of instructional materials to be used in a class or
3course under this Section, either electronically or in person.
4A school district shall annually post, on its Internet website
5if one exists, which curriculum is used to provide
6comprehensive personal health and safety and comprehensive
7sexual health education and the name and contact information,
8including an email address, of school personnel who can
9respond to inquiries about instruction and materials.
10    (f) On or before August 1, 2022, the State Board of
11Education, in consultation with youth, parents, sexual health
12and violence prevention experts, health care providers,
13advocates, and education practitioners, including, but not
14limited to, administrators, regional superintendents of
15schools, teachers, and school support personnel, shall develop
16and adopt rigorous learning standards in the area of
17comprehensive personal health and safety and comprehensive
18sexual health education, including, but not limited to, all of
19the National Sex Education Standards, including information on
20consent and healthy relationships, anatomy and physiology,
21puberty and adolescent sexual development, gender identity and
22expression, sexual orientation and identity, sexual health,
23and interpersonal violence, as authored by the Future of Sex
24Education Initiative. As the National Sex Education Standards
25are updated, the State Board of Education shall update these
26learning standards.

 

 

10200SB0818sam002- 15 -LRB102 04606 CMG 26006 a

1    (g) By no later than August 1, 2022, the State Board of
2Education shall make available resource materials developed in
3consultation with stakeholders, with the cooperation and input
4of experts that provide and entities that promote age and
5developmentally appropriate, medically accurate, complete,
6culturally appropriate, inclusive, and trauma-informed
7comprehensive personal health and safety and comprehensive
8sexual health education policy. Materials may include, without
9limitation, model comprehensive personal health and safety and
10comprehensive sexual health education resources and programs.
11The State Board of Education shall make these resource
12materials available on its Internet website, in a clearly
13identified and easily accessible place.
14    (h) Beginning no later than July 1, 2023, a school
15district 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
26developmentally appropriate, medically accurate, complete,

 

 

10200SB0818sam002- 16 -LRB102 04606 CMG 26006 a

1culturally appropriate, inclusive, and trauma-informed
2comprehensive personal health and safety and comprehensive
3sexual health education curriculum that meets the specific
4needs of their community. All instruction and materials,
5including materials provided or presented by outside
6consultants, community groups, or organizations, may not
7conflict with the provisions of this Section.
8    (j) The State Board of Education shall, through existing
9reporting mechanisms if available, direct each school district
10to identify, if instruction on comprehensive personal health
11and safety and comprehensive sexual health education is
12provided, whether the instruction was provided by a teacher in
13the school, a consultant, or a community group or organization
14and specify the name of the outside consultant, community
15group, or organization; the number of students receiving
16instruction; the number of students excused from instruction;
17and the duration of instruction and shall report the results
18of this inquiry to the General Assembly annually, for a period
19of 2 years beginning one year after the effective date of this
20amendatory 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
25ascribed to that term in Section 27-9.1a.

 

 

10200SB0818sam002- 17 -LRB102 04606 CMG 26006 a

1    "Consent" has the meaning ascribed to that term in Section
227-9.1a.
3    (b) A school district shall provide age and
4developmentally appropriate consent education in kindergarten
5through 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

 

 

10200SB0818sam002- 18 -LRB102 04606 CMG 26006 a

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.

 

 

10200SB0818sam002- 19 -LRB102 04606 CMG 26006 a

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,
5nonreligious, non-home based, and non-profit school. A charter
6school shall be organized and operated as a nonprofit
7corporation or other discrete, legal, nonprofit entity
8authorized under the laws of the State of Illinois.
9    (b) A charter school may be established under this Article
10by creating a new school or by converting an existing public
11school or attendance center to charter school status.
12Beginning on April 16, 2003 (the effective date of Public Act
1393-3), in all new applications to establish a charter school
14in a city having a population exceeding 500,000, operation of
15the charter school shall be limited to one campus. The changes
16made to this Section by Public Act 93-3 do not apply to charter
17schools existing or approved on or before April 16, 2003 (the
18effective date of Public Act 93-3).
19    (b-5) In this subsection (b-5), "virtual-schooling" means
20a cyber school where students engage in online curriculum and
21instruction via the Internet and electronic communication with
22their teachers at remote locations and with students
23participating at different times.
24    From April 1, 2013 through December 31, 2016, there is a
25moratorium on the establishment of charter schools with

 

 

10200SB0818sam002- 20 -LRB102 04606 CMG 26006 a

1virtual-schooling components in school districts other than a
2school district organized under Article 34 of this Code. This
3moratorium does not apply to a charter school with
4virtual-schooling components existing or approved prior to
5April 1, 2013 or to the renewal of the charter of a charter
6school with virtual-schooling components already approved
7prior to April 1, 2013.
8    (c) A charter school shall be administered and governed by
9its board of directors or other governing body in the manner
10provided in its charter. The governing body of a charter
11school shall be subject to the Freedom of Information Act and
12the Open Meetings Act. No later than January 1, 2021 (one year
13after the effective date of Public Act 101-291), a charter
14school's board of directors or other governing body must
15include at least one parent or guardian of a pupil currently
16enrolled in the charter school who may be selected through the
17charter school or a charter network election, appointment by
18the charter school's board of directors or other governing
19body, or by the charter school's Parent Teacher Organization
20or its equivalent.
21    (c-5) No later than January 1, 2021 (one year after the
22effective date of Public Act 101-291) or within the first year
23of his or her first term, every voting member of a charter
24school's board of directors or other governing body shall
25complete a minimum of 4 hours of professional development
26leadership training to ensure that each member has sufficient

 

 

10200SB0818sam002- 21 -LRB102 04606 CMG 26006 a

1familiarity with the board's or governing body's role and
2responsibilities, including financial oversight and
3accountability of the school, evaluating the principal's and
4school's performance, adherence to the Freedom of Information
5Act and the Open Meetings Act, and compliance with education
6and labor law. In each subsequent year of his or her term, a
7voting member of a charter school's board of directors or
8other governing body shall complete a minimum of 2 hours of
9professional development training in these same areas. The
10training under this subsection may be provided or certified by
11a statewide charter school membership association or may be
12provided or certified by other qualified providers approved by
13the State Board of Education.
14    (d) For purposes of this subsection (d), "non-curricular
15health and safety requirement" means any health and safety
16requirement created by statute or rule to provide, maintain,
17preserve, or safeguard safe or healthful conditions for
18students and school personnel or to eliminate, reduce, or
19prevent threats to the health and safety of students and
20school personnel. "Non-curricular health and safety
21requirement" does not include any course of study or
22specialized instructional requirement for which the State
23Board has established goals and learning standards or which is
24designed primarily to impart knowledge and skills for students
25to master and apply as an outcome of their education.
26    A charter school shall comply with all non-curricular

 

 

10200SB0818sam002- 22 -LRB102 04606 CMG 26006 a

1health and safety requirements applicable to public schools
2under the laws of the State of Illinois. On or before September
31, 2015, the State Board shall promulgate and post on its
4Internet website a list of non-curricular health and safety
5requirements that a charter school must meet. The list shall
6be updated annually no later than September 1. Any charter
7contract between a charter school and its authorizer must
8contain a provision that requires the charter school to follow
9the list of all non-curricular health and safety requirements
10promulgated by the State Board and any non-curricular health
11and safety requirements added by the State Board to such list
12during the term of the charter. Nothing in this subsection (d)
13precludes an authorizer from including non-curricular health
14and safety requirements in a charter school contract that are
15not contained in the list promulgated by the State Board,
16including non-curricular health and safety requirements of the
17authorizing local school board.
18    (e) Except as otherwise provided in the School Code, a
19charter school shall not charge tuition; provided that a
20charter school may charge reasonable fees for textbooks,
21instructional materials, and student activities.
22    (f) A charter school shall be responsible for the
23management and operation of its fiscal affairs including, but
24not limited to, the preparation of its budget. An audit of each
25charter school's finances shall be conducted annually by an
26outside, independent contractor retained by the charter

 

 

10200SB0818sam002- 23 -LRB102 04606 CMG 26006 a

1school. To ensure financial accountability for the use of
2public funds, on or before December 1 of every year of
3operation, each charter school shall submit to its authorizer
4and the State Board a copy of its audit and a copy of the Form
5990 the charter school filed that year with the federal
6Internal Revenue Service. In addition, if deemed necessary for
7proper financial oversight of the charter school, an
8authorizer may require quarterly financial statements from
9each charter school.
10    (g) A charter school shall comply with all provisions of
11this Article, the Illinois Educational Labor Relations Act,
12all federal and State laws and rules applicable to public
13schools that pertain to special education and the instruction
14of English learners, and its charter. A charter school is
15exempt from all other State laws and regulations in this Code
16governing public schools and local school board policies;
17however, 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;

 

 

10200SB0818sam002- 24 -LRB102 04606 CMG 26006 a

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

 

 

10200SB0818sam002- 25 -LRB102 04606 CMG 26006 a

1(g) is declaratory of existing law.
2    (h) A charter school may negotiate and contract with a
3school district, the governing body of a State college or
4university or public community college, or any other public or
5for-profit or nonprofit private entity for: (i) the use of a
6school building and grounds or any other real property or
7facilities that the charter school desires to use or convert
8for use as a charter school site, (ii) the operation and
9maintenance thereof, and (iii) the provision of any service,
10activity, or undertaking that the charter school is required
11to perform in order to carry out the terms of its charter.
12However, a charter school that is established on or after
13April 16, 2003 (the effective date of Public Act 93-3) and that
14operates in a city having a population exceeding 500,000 may
15not contract with a for-profit entity to manage or operate the
16school during the period that commences on April 16, 2003 (the
17effective date of Public Act 93-3) and concludes at the end of
18the 2004-2005 school year. Except as provided in subsection
19(i) of this Section, a school district may charge a charter
20school reasonable rent for the use of the district's
21buildings, grounds, and facilities. Any services for which a
22charter school contracts with a school district shall be
23provided by the district at cost. Any services for which a
24charter school contracts with a local school board or with the
25governing body of a State college or university or public
26community college shall be provided by the public entity at

 

 

10200SB0818sam002- 26 -LRB102 04606 CMG 26006 a

1cost.
2    (i) In no event shall a charter school that is established
3by converting an existing school or attendance center to
4charter school status be required to pay rent for space that is
5deemed available, as negotiated and provided in the charter
6agreement, in school district facilities. However, all other
7costs for the operation and maintenance of school district
8facilities that are used by the charter school shall be
9subject to negotiation between the charter school and the
10local school board and shall be set forth in the charter.
11    (j) A charter school may limit student enrollment by age
12or grade level.
13    (k) If the charter school is approved by the State Board or
14Commission, then the charter school is its own local education
15agency.
16(Source: P.A. 100-29, eff. 1-1-18; 100-156, eff. 1-1-18;
17100-163, eff. 1-1-18; 100-413, eff. 1-1-18; 100-468, eff.
186-1-18; 100-726, eff. 1-1-19; 100-863, eff. 8-14-18; 101-50,
19eff. 7-1-20; 101-81, eff. 7-12-19; 101-291, eff. 1-1-20;
20101-531, eff. 8-23-19; 101-543, eff. 8-23-19; 101-654, eff.
213-8-21.)
 
22    (105 ILCS 5/34-18.8)  (from Ch. 122, par. 34-18.8)
23    Sec. 34-18.8. HIV AIDS training. School guidance
24counselors, nurses, teachers, school social workers, and other
25school personnel who work with students shall pupils may be

 

 

10200SB0818sam002- 27 -LRB102 04606 CMG 26006 a

1trained to have a basic knowledge of matters relating to human
2immunodeficiency virus (HIV) acquired immunodeficiency
3syndrome (AIDS), including the nature of the infection
4disease, its causes and effects, the means of detecting it and
5preventing its transmission, the availability of appropriate
6sources of counseling and referral, and any other medically
7accurate information that is age and developmentally
8appropriate for may be appropriate considering the age and
9grade level of such students pupils. The Board of Education
10shall supervise such training. The State Board of Education
11and the Department of Public Health shall jointly develop
12standards 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
18Sections 27-9.1, 27-9.2, and 27-11.
 
19    Section 15. The Critical Health Problems and Comprehensive
20Health Education Act is amended by changing Section 3 as
21follows:
 
22    (105 ILCS 110/3)
23    Sec. 3. Comprehensive Health Education Program. The

 

 

10200SB0818sam002- 28 -LRB102 04606 CMG 26006 a

1program established under this Act shall include, but not be
2limited to, the following major educational areas as a basis
3for curricula in all elementary and secondary schools in this
4State: human ecology and health, human growth and development,
5the emotional, psychological, physiological, hygienic, and
6social responsibilities of family life, culturally,
7developmentally, and age-appropriate, medically accurate, and
8evidence-based or evidence-informed information regarding
9including sexual abstinence until marriage, prevention and
10control of disease, including instruction in grades 6 through
1112 on the prevention, transmission, and treatment of sexually
12transmitted infections, including HIV/AIDS spread of AIDS,
13age-appropriate sexual abuse and assault awareness and
14prevention education in grades pre-kindergarten through 12,
15public and environmental health, consumer health, safety
16education and disaster survival, mental health and illness,
17personal health habits, alcohol and , drug use, and abuse,
18including the medical and legal ramifications of alcohol,
19drug, and tobacco use, abuse during pregnancy, evidence-based
20and medically accurate information regarding sexual
21abstinence, tobacco, nutrition, and dental health. The
22instruction on mental health and illness must evaluate the
23multiple dimensions of health by reviewing the relationship
24between physical and mental health so as to enhance student
25understanding, attitudes, and behaviors that promote health,
26well-being, and human dignity. The program shall also provide

 

 

10200SB0818sam002- 29 -LRB102 04606 CMG 26006 a

1course material and instruction to advise students pupils of
2the Abandoned Newborn Infant Protection Act. The program shall
3include medically accurate information about cancer,
4including, without limitation, types of cancer, signs and
5symptoms, risk factors, the importance of early prevention and
6detection, and information on where to go for help.
7Notwithstanding the above educational areas, the following
8areas may also be included as a basis for curricula in all
9elementary and secondary schools in this State: basic first
10aid (including, but not limited to, cardiopulmonary
11resuscitation and the Heimlich maneuver), heart disease,
12diabetes, stroke, the prevention of child abuse, neglect, and
13suicide, and teen dating violence in grades 7 through 12.
14Beginning with the 2014-2015 school year, training on how to
15properly administer cardiopulmonary resuscitation (which
16training must be in accordance with standards of the American
17Red Cross, the American Heart Association, or another
18nationally recognized certifying organization) and how to use
19an automated external defibrillator shall be included as a
20basis for curricula in all secondary schools in this State.
21    The school board of each public elementary and secondary
22school in the State shall encourage all teachers and other
23school personnel to acquire, develop, and maintain the
24knowledge and skills necessary to properly administer
25life-saving techniques, including, without limitation, the
26Heimlich maneuver and rescue breathing. The training shall be

 

 

10200SB0818sam002- 30 -LRB102 04606 CMG 26006 a

1in accordance with standards of the American Red Cross, the
2American Heart Association, or another nationally recognized
3certifying organization. A school board may use the services
4of non-governmental entities whose personnel have expertise in
5life-saving techniques to instruct teachers and other school
6personnel in these techniques. Each school board is encouraged
7to have in its employ, or on its volunteer staff, at least one
8person who is certified, by the American Red Cross or by
9another qualified certifying agency, as qualified to
10administer first aid and cardiopulmonary resuscitation. In
11addition, each school board is authorized to allocate
12appropriate portions of its institute or inservice days to
13conduct training programs for teachers and other school
14personnel who have expressed an interest in becoming qualified
15to administer emergency first aid or cardiopulmonary
16resuscitation. School boards are urged to encourage their
17teachers and other school personnel who coach school athletic
18programs and other extracurricular school activities to
19acquire, develop, and maintain the knowledge and skills
20necessary to properly administer first aid and cardiopulmonary
21resuscitation in accordance with standards and requirements
22established by the American Red Cross or another qualified
23certifying agency. Subject to appropriation, the State Board
24of Education shall establish and administer a matching grant
25program to pay for half of the cost that a school district
26incurs in training those teachers and other school personnel

 

 

10200SB0818sam002- 31 -LRB102 04606 CMG 26006 a

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

 

 

10200SB0818sam002- 32 -LRB102 04606 CMG 26006 a

1Education shall develop and make available to all elementary
2and secondary schools in this State instructional materials
3and guidelines which will assist the schools in incorporating
4the instruction into their existing curricula. In addition,
5school districts may offer, as part of existing curricula
6during the school day or as part of an after school program,
7support services and instruction for students pupils or
8students pupils whose parent, parents, or guardians are
9chemically 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
12becoming law.".