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

Public Act 102-1034


 

Public Act 1034 102ND GENERAL ASSEMBLY

  
  
  

 


 
Public Act 102-1034
 
SB4028 EnrolledLRB102 23869 CMG 33062 b

    AN ACT concerning education.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Critical Health Problems and Comprehensive
Health Education Act is amended by changing Section 3 as
follows:
 
    (105 ILCS 110/3)
    Sec. 3. Comprehensive Health Education Program. The
program established under this Act shall include, but not be
limited to, the following major educational areas as a basis
for curricula in all elementary and secondary schools in this
State: human ecology and health; human growth and development;
the emotional, psychological, physiological, hygienic, and
social responsibilities of family life, including sexual
abstinence until marriage; the prevention and control of
disease, including instruction in grades 6 through 12 on the
prevention, transmission, and spread of AIDS; age-appropriate
sexual abuse and assault awareness and prevention education in
grades pre-kindergarten through 12; public and environmental
health; consumer health; safety education and disaster
survival; mental health and illness; personal health habits;
alcohol and drug use and abuse, including the medical and
legal ramifications of alcohol, drug, and tobacco use; abuse
during pregnancy; evidence-based and medically accurate
information regarding sexual abstinence; tobacco and
e-cigarettes and other vapor devices; nutrition; and dental
health. The instruction on mental health and illness must
evaluate the multiple dimensions of health by reviewing the
relationship between physical and mental health so as to
enhance student understanding, attitudes, and behaviors that
promote health, well-being, and human dignity and must include
how and where to find mental health resources and specialized
treatment in the State. The program shall also provide course
material and instruction to advise pupils of the Abandoned
Newborn Infant Protection Act. The program shall include
information about cancer, including, without limitation, types
of cancer, signs and symptoms, risk factors, the importance of
early prevention and detection, and information on where to go
for help. Notwithstanding the above educational areas, the
following areas may also be included as a basis for curricula
in all elementary and secondary schools in this State: basic
first aid (including, but not limited to, cardiopulmonary
resuscitation and the Heimlich maneuver), heart disease,
diabetes, stroke, the prevention of child abuse, neglect, and
suicide, and teen dating violence in grades 7 through 12.
Beginning with the 2014-2015 school year, training on how to
properly administer cardiopulmonary resuscitation (which
training must be in accordance with standards of the American
Red Cross, the American Heart Association, or another
nationally recognized certifying organization) and how to use
an automated external defibrillator shall be included as a
basis for curricula in all secondary schools in this State.
    The school board of each public elementary and secondary
school in the State shall encourage all teachers and other
school personnel to acquire, develop, and maintain the
knowledge and skills necessary to properly administer
life-saving techniques, including, without limitation, the
Heimlich maneuver and rescue breathing. The training shall be
in accordance with standards of the American Red Cross, the
American Heart Association, or another nationally recognized
certifying organization. A school board may use the services
of non-governmental entities whose personnel have expertise in
life-saving techniques to instruct teachers and other school
personnel in these techniques. Each school board is encouraged
to have in its employ, or on its volunteer staff, at least one
person who is certified, by the American Red Cross or by
another qualified certifying agency, as qualified to
administer first aid and cardiopulmonary resuscitation. In
addition, each school board is authorized to allocate
appropriate portions of its institute or inservice days to
conduct training programs for teachers and other school
personnel who have expressed an interest in becoming qualified
to administer emergency first aid or cardiopulmonary
resuscitation. School boards are urged to encourage their
teachers and other school personnel who coach school athletic
programs and other extracurricular school activities to
acquire, develop, and maintain the knowledge and skills
necessary to properly administer first aid and cardiopulmonary
resuscitation in accordance with standards and requirements
established by the American Red Cross or another qualified
certifying agency. Subject to appropriation, the State Board
of Education shall establish and administer a matching grant
program to pay for half of the cost that a school district
incurs in training those teachers and other school personnel
who express an interest in becoming qualified to administer
cardiopulmonary resuscitation (which training must be in
accordance with standards of the American Red Cross, the
American Heart Association, or another nationally recognized
certifying organization) or in learning how to use an
automated external defibrillator. A school district that
applies for a grant must demonstrate that it has funds to pay
half of the cost of the training for which matching grant money
is sought. The State Board of Education shall award the grants
on a first-come, first-serve basis.
    No pupil shall be required to take or participate in any
class or course on AIDS or family life instruction or to
receive training on how to properly administer cardiopulmonary
resuscitation or how to use an automated external
defibrillator if his or her parent or guardian submits written
objection thereto, and refusal to take or participate in the
course or program or the training shall not be reason for
suspension or expulsion of the pupil.
    Curricula developed under programs established in
accordance with this Act in the major educational area of
alcohol and drug use and abuse shall include classroom
instruction in grades 5 through 12. The instruction, which
shall include matters relating to both the physical and legal
effects and ramifications of drug and substance abuse, shall
be integrated into existing curricula; and the State Board of
Education shall develop and make available to all elementary
and secondary schools in this State instructional materials
and guidelines which will assist the schools in incorporating
the instruction into their existing curricula. In addition,
school districts may offer, as part of existing curricula
during the school day or as part of an after school program,
support services and instruction for pupils or pupils whose
parent, parents, or guardians are chemically dependent.
(Source: P.A. 101-305, eff. 1-1-20; 102-464, eff. 8-20-21;
102-558, eff. 8-20-21.)
 
    Section 10. The Children's Mental Health Act of 2003 is
amended by changing Section 5 as follows:
 
    (405 ILCS 49/5)
    Sec. 5. Children's Mental Health Plan.
    (a) The State of Illinois shall develop a Children's
Mental Health Plan containing short-term and long-term
recommendations to provide comprehensive, coordinated mental
health prevention, early intervention, and treatment services
for children from birth through age 18. This Plan shall
include but not be limited to:
        (1) Coordinated provider services and interagency
    referral networks for children from birth through age 18
    to maximize resources and minimize duplication of
    services.
        (2) Guidelines for incorporating social and emotional
    development into school learning standards and educational
    programs, pursuant to Section 15 of this Act.
        (3) Protocols for implementing screening and
    assessment of children prior to any admission to an
    inpatient hospital for psychiatric services, pursuant to
    subsection (a) of Section 5-5.23 of the Illinois Public
    Aid Code.
        (4) Recommendations regarding a State budget for
    children's mental health prevention, early intervention,
    and treatment across all State agencies.
        (5) Recommendations for State and local mechanisms for
    integrating federal, State, and local funding sources for
    children's mental health.
        (6) Recommendations for building a qualified and
    adequately trained workforce prepared to provide mental
    health services for children from birth through age 18 and
    their families.
        (7) Recommendations for facilitating research on best
    practices and model programs, and dissemination of this
    information to Illinois policymakers, practitioners, and
    the general public through training, technical assistance,
    and educational materials.
        (8) Recommendations for a comprehensive, multi-faceted
    public awareness campaign to reduce the stigma of mental
    illness and educate families, the general public, and
    other key audiences about the benefits of children's
    social and emotional development, and how to access
    services.
        (9) Recommendations for creating a quality-driven
    children's mental health system with shared accountability
    among key State agencies and programs that conducts
    ongoing needs assessments, uses outcome indicators and
    benchmarks to measure progress, and implements quality
    data tracking and reporting systems.
        (10) Recommendations for ensuring all Illinois youth
    receive mental health education and have access to mental
    health care in the school setting. In developing these
    recommendations, the Children's Mental Health Partnership
    created under subsection (b) shall consult with the State
    Board of Education, education practitioners, including,
    but not limited to, administrators, regional
    superintendents of schools, teachers, and school support
    personnel, health care professionals, including mental
    health professionals and child health leaders, disability
    advocates, and other representatives as necessary to
    ensure the interests of all students are represented.
    (b) The Children's Mental Health Partnership (hereafter
referred to as "the Partnership") is created. The Partnership
shall have the responsibility of developing and monitoring the
implementation of the Children's Mental Health Plan as
approved by the Governor. The Children's Mental Health
Partnership shall be comprised of: the Secretary of Human
Services or his or her designee; the State Superintendent of
Education or his or her designee; the directors of the
departments of Children and Family Services, Healthcare and
Family Services, Public Health, and Juvenile Justice, or their
designees; the head of the Illinois Violence Prevention
Authority, or his or her designee; the Attorney General or his
or her designee; up to 25 representatives of community mental
health authorities and statewide mental health, children and
family advocacy, early childhood, education, health, substance
abuse, violence prevention, and juvenile justice organizations
or associations, to be appointed by the Governor; and 2
members of each caucus of the House of Representatives and
Senate appointed by the Speaker of the House of
Representatives and the President of the Senate, respectively.
The Governor shall appoint the Partnership Chair and shall
designate a Governor's staff liaison to work with the
Partnership.
    (b-5) The Partnership shall include an adjunct council
comprised of no more than 6 youth aged 14 to 25 and 4
representatives of 4 different community based organizations
that focus on youth mental health. Of the community-based
organizations that focus on youth mental health, one of the
community-based organizations shall be led by an
LGBTQ-identified person, one of the community-based
organizations shall be led by a person of color, and one of the
community-based organizations shall be led by a woman. Of the
representatives appointed to the council from the
community-based organizations, at least one representative
shall be LGBTQ-identified, at least one representative shall
be a person of color, and at least one representative shall be
a woman. The council members shall be appointed by the Chair of
the Partnership and shall reflect the racial, gender identity,
sexual orientation, ability, socioeconomic, ethnic, and
geographic diversity of the State, including rural, suburban,
and urban appointees. The council shall make recommendations
to the Partnership regarding youth mental health, including,
but not limited to, identifying barriers to youth feeling
supported by and empowered by the system of mental health and
treatment providers, barriers perceived by youth in accessing
mental health services, gaps in the mental health system,
available resources in schools, including youth's perceptions
and experiences with outreach personnel, agency websites, and
informational materials, methods to destigmatize mental health
services, and how to improve State policy concerning student
mental health. The mental health system may include services
for substance use disorders and addiction. The council shall
meet at least 4 times annually.
    (c) The Partnership shall submit a Preliminary Plan to the
Governor on September 30, 2004 and shall submit the Final Plan
on June 30, 2005. Thereafter, on September 30 of each year, the
Partnership shall submit an annual report to the Governor on
the progress of Plan implementation and recommendations for
revisions in the Plan. The Final Plan and annual reports
submitted in subsequent years shall include estimates of
savings achieved in prior fiscal years under subsection (a) of
Section 5-5.23 of the Illinois Public Aid Code and federal
financial participation received under subsection (b) of
Section 5-5.23 of that Code. The Department of Healthcare and
Family Services shall provide technical assistance in
developing these estimates and reports.
(Source: P.A. 102-16, eff. 6-17-21; 102-116, eff. 7-23-21.)

Effective Date: 1/1/2023