State of Illinois
92nd General Assembly
Legislation

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[ Introduced ][ House Amendment 001 ]


92_HB0875eng

 
HB0875 Engrossed                               LRB9204266NTsb

 1        AN ACT concerning education.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section  5.  The  School  Code  is  amended  by  changing
 5    Sections 27-9.1 and 27-9.2 as follows:

 6        (105 ILCS 5/27-9.1) (from Ch. 122, par. 27-9.1)
 7        Sec. 27-9.1.  Sex Education.
 8        (a) No pupil shall be required to take or participate  in
 9    any  class  or  course  in comprehensive sex education if his
10    parent or guardian submits  written  objection  thereto,  and
11    refusal  to  take  or  participate  in such course or program
12    shall not be reason  for  suspension  or  expulsion  of  such
13    pupil.  Each  class  or course in comprehensive sex education
14    offered  in  any  of  grades  6  through  12  shall   include
15    instruction  on  the  prevention,  transmission and spread of
16    AIDS.  Nothing  in  this  Section  prohibits  instruction  in
17    sanitation, hygiene or traditional courses in biology.
18        (b)  All public elementary, junior high, and senior  high
19    school  classes  that  teach sex education and discuss sexual
20    intercourse shall emphasize that abstinence is  the  expected
21    norm  in  that abstinence from sexual intercourse is the only
22    protection that is 100% effective  against  unwanted  teenage
23    pregnancy, sexually transmitted diseases, and acquired immune
24    deficiency syndrome (AIDS) when transmitted sexually.
25        (c)  In this subsection (c):
26        "Factual   information"   includes   without   limitation
27    medical,    psychiatric,    psychological,   empirical,   and
28    statistical statements.
29        "Medically  accurate"  means  verified  or  supported  by
30    research conducted in  compliance  with  scientific  methods,
31    published  in  peer-review  journals,  where appropriate, and
 
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 1    recognized as  accurate  by  professional  organizations  and
 2    agencies with expertise in the relevant field.
 3        All sex education courses that discuss sexual intercourse
 4    shall satisfy the following criteria:
 5             (0.5)  Factual   information   presented  in  course
 6        material and instruction shall be medically accurate.
 7             (1)  Course material and instruction  shall  be  age
 8        appropriate.
 9             (2)  Course  material  and  instruction  shall teach
10        honor and respect for monogamous heterosexual marriage.
11             (3)  Course material and  instruction  shall  stress
12        that  pupils should abstain from sexual intercourse until
13        they are ready for marriage.
14             (4)  Course material and instruction shall include a
15        discussion of the possible  emotional  and  psychological
16        consequences   of  preadolescent  and  adolescent  sexual
17        intercourse outside of marriage and the  consequences  of
18        unwanted adolescent pregnancy.
19             (5)  Course  material  and  instruction shall stress
20        that sexually transmitted diseases are  serious  possible
21        hazards  of  sexual intercourse. Pupils shall be provided
22        with statistics based on the latest  medical  information
23        citing  the  failure  and  success  rates  of  condoms in
24        preventing AIDS and other sexually transmitted diseases.
25             (6)  Course material and  instruction  shall  advise
26        pupils   of   the  laws  pertaining  to  their  financial
27        responsibility to children born in and out of wedlock.
28             (7)  Course material and  instruction  shall  advise
29        pupils  of  the  circumstances under which it is unlawful
30        for males to have sexual relations with females under the
31        age of 18 to  whom  they  are  not  married  pursuant  to
32        Article  12  of  the  Criminal  Code  of  1961, as now or
33        hereafter amended.
34             (8)  Course material  and  instruction  shall  teach
 
HB0875 Engrossed            -3-                LRB9204266NTsb
 1        pupils  to  not  make unwanted physical and verbal sexual
 2        advances and how to say no to unwanted  sexual  advances.
 3        Pupils shall be taught that it is wrong to take advantage
 4        of  or  to  exploit  another  person.  The  material  and
 5        instruction shall also encourage youth to resist negative
 6        peer pressure.
 7        (d)  An  opportunity  shall  be  afforded  to  parents or
 8    guardians to examine the instructional materials to  be  used
 9    in such class or course.
10    (Source: P.A. 86-941.)

11        (105 ILCS 5/27-9.2) (from Ch. 122, par. 27-9.2)
12        Sec. 27-9.2.  Family Life.
13        (a)  If   any   school   district   provides  courses  of
14    instruction designed to promote wholesome  and  comprehensive
15    understanding of the emotional, psychological, physiological,
16    hygienic  and  social  responsibility aspects of family life,
17    then such courses of instruction shall include  the  teaching
18    of  the  alternatives to abortion, appropriate to the various
19    grade levels; and whenever such courses  of  instruction  are
20    provided  in  any  of  grades 6 through 12, then such courses
21    also   shall   include   instruction   on   the   prevention,
22    transmission and spread of AIDS. However, no pupil  shall  be
23    required  to  take or participate in any family life class or
24    course on AIDS instruction if his parent or guardian  submits
25    written objection thereto, and refusal to take or participate
26    in  such course or program shall not be reason for suspension
27    or expulsion of such pupil.
28        (b)  In this subsection (b):
29        "Factual   information"   includes   without   limitation
30    medical,   psychiatric,   psychological,    empirical,    and
31    statistical statements.
32        "Medically  accurate"  means  verified  or  supported  by
33    research  conducted  in  compliance  with scientific methods,
 
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 1    published in peer-review  journals,  where  appropriate,  and
 2    recognized  as  accurate  by  professional  organizations and
 3    agencies with expertise in the relevant field.
 4        For all  family  life  courses  of  instruction,  factual
 5    information  presented  in  course  material  and instruction
 6    shall be medically accurate.
 7        (c)  The State Superintendent of Education shall  prepare
 8    and  make  available  to  local  school  districts courses of
 9    instruction designed to  satisfy  the  requirements  of  this
10    Section.
11        The  State  Superintendent  of  Education shall develop a
12    procedure for evaluating and measuring the  effectiveness  of
13    the  family  life courses of instruction in each local school
14    district, including  the  setting  of  reasonable  goals  for
15    reduced  sexual  activity,  sexually transmitted diseases and
16    premarital pregnancy. The goals shall be set by the beginning
17    of the 1991-92 school year. The  State  Superintendent  shall
18    distribute  a  copy  of  the  procedure  to each local school
19    district. Each local school district may  develop  additional
20    procedures  or methods for measuring the effectiveness of the
21    family life  courses  of  instruction  within  the  district.
22    Before  the  beginning  of the 1993-94 school year, the State
23    Superintendent shall collect and evaluate all  relevant  data
24    to determine whether the goals are being achieved.
25    (Source: P.A. 86-941.)

26        Section    10.  The    Critical   Health   Problems   and
27    Comprehensive Health Education Act  is  amended  by  changing
28    Sections 2 and 3 as follows:

29        (105 ILCS 110/2) (from Ch. 122, par. 862)
30        Sec.  2.  Definitions.   In this Act, the following terms
31    shall have the following meanings respectively prescribed for
32    them, except as the context otherwise requires:
 
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 1        (a)  "Comprehensive   Health   Education   Program":    a
 2    systematic  and  extensive  educational  program  designed to
 3    provide  a  variety  of  learning  experiences   based   upon
 4    scientific  knowledge  of  the human organism as it functions
 5    within its environment which  will  favorably  influence  the
 6    knowledge, attitudes, values and practices of Illinois school
 7    youth;  and  which  will  aid  them  in  making wise personal
 8    decisions in matters of health.
 9        "Factual   information"   includes   without   limitation
10    medical,   psychiatric,   psychological,    empirical,    and
11    statistical statements.
12        "Medically  accurate"  means  verified  or  supported  by
13    research  conducted  in  compliance  with scientific methods,
14    published in peer-review  journals,  where  appropriate,  and
15    recognized  as  accurate  by  professional  organizations and
16    agencies with expertise in the relevant field.
17    (Source: P.A. 77-1405.)

18        (105 ILCS 110/3) (from Ch. 122, par. 863)
19        Sec. 3.  Comprehensive Health Education Program.
20        (a)  The  program  established  under  this   Act   shall
21    include,   but   not  be  limited  to,  the  following  major
22    educational areas as a basis for curricula in all  elementary
23    and  secondary  schools  in  this  State:  human  ecology and
24    health,  human  growth  and   development,   the   emotional,
25    psychological,    physiological,    hygienic    and    social
26    responsibilities  of family life, including sexual abstinence
27    until marriage, prevention and control of disease,  including
28    instruction  in  grades  6  through  12  on  the  prevention,
29    transmission  and  spread  of  AIDS, public and environmental
30    health,  consumer  health,  safety  education  and   disaster
31    survival,  mental health and illness, personal health habits,
32    alcohol, drug use, and abuse including the medical and  legal
33    ramifications of alcohol, drug, and tobacco use, abuse during
 
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 1    pregnancy,   sexual   abstinence   until  marriage,  tobacco,
 2    nutrition, and dental health.
 3        (b)  For  all  comprehensive  health  education  programs
 4    established under this Act, factual information presented  in
 5    course material and instruction shall be medically accurate.
 6        (c)  Notwithstanding  the  above  educational  areas, the
 7    following areas may also be included as a basis for curricula
 8    in all elementary and secondary schools in this State:  basic
 9    first  aid  (including,  but  not limited to, cardiopulmonary
10    resuscitation and the Heimlich  maneuver),  early  prevention
11    and detection of cancer, heart disease, diabetes, stroke, and
12    the  prevention  of  child  abuse,  neglect, and suicide. The
13    school board of each public elementary and  secondary  school
14    in  the  State is encouraged to have in its employ, or on its
15    volunteer staff, at least one person who is certified, by the
16    American Red Cross or by another qualified certifying agency,
17    as qualified to  administer  first  aid  and  cardiopulmonary
18    resuscitation.   In addition, each school board is authorized
19    to  allocate  appropriate  portions  of  its   institute   or
20    inservice  days to conduct training programs for teachers and
21    other school personnel who  have  expressed  an  interest  in
22    becoming  qualified  to  administer  emergency  first  aid or
23    cardiopulmonary resuscitation.  School boards  are  urged  to
24    encourage their teachers and other school personnel who coach
25    school  athletic  programs  and  other extracurricular school
26    activities to acquire, develop, and  maintain  the  knowledge
27    and  skills  necessary  to  properly administer first aid and
28    cardiopulmonary resuscitation in  accordance  with  standards
29    and  requirements  established  by  the American Red Cross or
30    another qualified certifying agency.
31        (d)  No pupil shall be required to take or participate in
32    any class or course on AIDS or family life instruction if his
33    parent or guardian submits  written  objection  thereto,  and
34    refusal to take or participate in the course or program shall
 
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 1    not be reason for suspension or expulsion of the pupil.
 2        (e)  Curricula  developed  under  programs established in
 3    accordance with this Act in the  major  educational  area  of
 4    alcohol  and  drug  use  and  abuse  shall  include classroom
 5    instruction in grades 5 through 12.  The  instruction,  which
 6    shall include matters relating to both the physical and legal
 7    effects  and ramifications of drug and substance abuse, shall
 8    be integrated into existing curricula; and the State Board of
 9    Education shall develop and make available to all  elementary
10    and  secondary  schools in this State instructional materials
11    and guidelines which will assist the schools in incorporating
12    the instruction into their existing curricula.  In  addition,
13    school  districts  may  offer,  as part of existing curricula
14    during the school day or as part of an after school  program,
15    support  services  and instruction for pupils or pupils whose
16    parent, parents, or guardians are chemically dependent.
17    (Source: P.A. 90-566, eff. 1-2-98.)

18        Section 99.  Effective date.  This Act takes effect  upon
19    becoming law.

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