Illinois 2023 2023-2024 Regular Session

Illinois House Bill HB4219 Enrolled / Bill

Filed 05/24/2024

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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 Section
5  27-13.2 as follows:
6  (105 ILCS 5/27-13.2) (from Ch. 122, par. 27-13.2)
7  Sec. 27-13.2. Required instruction.
8  (a) In every public school there shall be instruction,
9  study, and discussion of effective methods by which pupils may
10  recognize the danger of and avoid abduction, and in every
11  public school maintaining any of grades kindergarten through
12  8, there shall be, for such grades, instruction, study, and
13  discussion of effective methods for the prevention and
14  avoidance of drugs and the dangers of opioid and substance
15  abuse. School boards may include such required instruction,
16  study, and discussion in the courses of study regularly taught
17  in the public schools of their respective districts; provided,
18  however, that such instruction shall be given each year to all
19  pupils in grades kindergarten through 8. The State
20  Superintendent of Education may prepare and make available to
21  all public and non-public schools instructional materials
22  which may be used by such schools as guidelines for
23  development of a program of instruction under this subsection

 

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1  (a); provided, however, that each school board shall itself
2  determine the minimum amount of instruction time which shall
3  qualify as a program of instruction which will satisfy the
4  requirements of this subsection (a).
5  The State Superintendent of Education, in cooperation with
6  the Department of Children and Family Services, shall prepare
7  and disseminate to all public schools and non-public schools,
8  information on instructional materials and programs about
9  child sexual abuse which may be used by such schools for their
10  own or community programs. Such information may also be
11  disseminated by such schools to parents.
12  (b) Notwithstanding subsection (a) of this Section, no
13  pupil in any of grades kindergarten through 8 shall be
14  required to take or participate in any class or course
15  providing instruction in recognizing and avoiding sexual abuse
16  if the parent or guardian of the pupil submits written
17  objection thereto; and refusal to take or participate in such
18  class or course after such written objection is made shall not
19  be reason for failing, suspending or expelling such pupil.
20  Each school board intending to offer any such class or course
21  to pupils in any of grades kindergarten through 8 shall give
22  not less than 5 days written notice to the parents or guardians
23  of such pupils before commencing the class or course.
24  (c) (Blank). Beginning with the 2024-2025 school year, in
25  every State-required health course for grades 9 through 12, a
26  school district shall provide instruction, study, and

 

 

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1  discussion on the dangers of fentanyl. Information for the
2  instruction, study, and discussion of fentanyl shall come from
3  information provided by the National Institutes of Health, the
4  United States Drug Enforcement Administration, or the United
5  States Department of Health and Human Services. This
6  instruction, study, and discussion shall include, at a
7  minimum, all of the following:
8  (1) Information on fentanyl itself, including an
9  explanation of the differences between synthetic and
10  nonsynthetic opioids and illicit drugs, the variations of
11  fentanyl itself, and the differences between the legal and
12  illegal uses of fentanyl.
13  (2) The side effects and the risk factors of using
14  fentanyl, along with information comparing the lethal
15  amounts of fentanyl to other drugs. Information on the
16  risk factors may include, but is not limited to:
17  (A) the lethal dose of fentanyl;
18  (B) how often fentanyl is placed in drugs without
19  a person's knowledge;
20  (C) an explanation of what fentanyl does to a
21  person's body and the severity of fentanyl's addictive
22  properties; and
23  (D) how the consumption of fentanyl can lead to
24  hypoxia, as well as an explanation of what hypoxia
25  precisely does to a person's body.
26  (3) Details about the process of lacing fentanyl in

 

 

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1  other drugs and why drugs get laced with fentanyl.
2  (4) Details about how to detect fentanyl in drugs and
3  how to save someone from an overdose of fentanyl, which
4  shall include:
5  (A) how to buy and use fentanyl test strips;
6  (B) how to buy and use naloxone, either through a
7  nasal spray or an injection; and
8  (C) how to detect if someone is overdosing on
9  fentanyl.
10  Students shall be assessed on the instruction required
11  under this subsection (c). The assessment may include, but is
12  not limited to:
13  (1) the differences between synthetic and nonsynthetic
14  drugs;
15  (2) hypoxia;
16  (3) the effects of fentanyl on a person's body;
17  (4) the lethal dose of fentanyl; and
18  (5) how to detect and prevent overdoses.
19  The instruction required under this subsection (c) shall
20  be taught by a licensed educator, school nurse, or school
21  counselor.
22  (Source: P.A. 102-195, eff. 7-30-21; 103-365, eff. 1-1-24.)
23  Section 10. The Critical Health Problems and Comprehensive
24  Health Education Act is amended by changing Section 3 as
25  follows:

 

 

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1  (105 ILCS 110/3)
2  Sec. 3. Comprehensive Health Education Program.
3  (a) The program established under this Act shall include,
4  but not be limited to, the following major educational areas
5  as a basis for curricula in all elementary and secondary
6  schools in this State: human ecology and health; human growth
7  and development; the emotional, psychological, physiological,
8  hygienic, and social responsibilities of family life,
9  including sexual abstinence until marriage; the prevention and
10  control of disease, including instruction in grades 6 through
11  12 on the prevention, transmission, and spread of AIDS;
12  age-appropriate sexual abuse and assault awareness and
13  prevention education in grades pre-kindergarten through 12;
14  public and environmental health; consumer health; safety
15  education and disaster preparedness survival; mental health
16  and illness; personal health habits; alcohol and drug use and
17  abuse, including the use and abuse of fentanyl, and the
18  medical and legal ramifications of alcohol, drug, and tobacco
19  use; abuse during pregnancy; evidence-based and medically
20  accurate information regarding sexual abstinence; tobacco and
21  e-cigarettes and other vapor devices; nutrition; and dental
22  health. The instruction on mental health and illness must
23  evaluate the multiple dimensions of health by reviewing the
24  relationship between physical and mental health so as to
25  enhance student understanding, attitudes, and behaviors that

 

 

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1  promote health, well-being, and human dignity and must include
2  how and where to find mental health resources and specialized
3  treatment in the State. The program shall also provide course
4  material and instruction to advise pupils of the Abandoned
5  Newborn Infant Protection Act. The program shall include
6  information about cancer, including, without limitation, types
7  of cancer, signs and symptoms, risk factors, the importance of
8  early prevention and detection, and information on where to go
9  for help. Notwithstanding the above educational areas, the
10  following areas may also be included as a basis for curricula
11  in all elementary and secondary schools in this State: basic
12  first aid (including, but not limited to, cardiopulmonary
13  resuscitation and the Heimlich maneuver), heart disease,
14  diabetes, stroke, the prevention of child abuse, neglect, and
15  suicide, and teen dating violence in grades 7 through 12.
16  Beginning with the 2014-2015 school year, training on how to
17  properly administer cardiopulmonary resuscitation (which
18  training must be in accordance with standards of the American
19  Red Cross, the American Heart Association, or another
20  nationally recognized certifying organization) and how to use
21  an automated external defibrillator shall be included as a
22  basis for curricula in all secondary schools in this State.
23  (b) Beginning with the 2024-2025 school year in grades 9
24  through 12, the program shall include instruction, study, and
25  discussion on the dangers of allergies. Information for the
26  instruction, study, and discussion shall come from information

 

 

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1  provided by the Department of Public Health and the federal
2  Centers for Disease Control and Prevention. This instruction,
3  study, and discussion shall include, at a minimum:
4  (1) recognizing the signs and symptoms of an allergic
5  reaction, including anaphylaxis;
6  (2) the steps to take to prevent exposure to
7  allergens; and
8  (3) safe emergency epinephrine administration.
9  (c) The school board of each public elementary and
10  secondary school in the State shall encourage all teachers and
11  other school personnel to acquire, develop, and maintain the
12  knowledge and skills necessary to properly administer
13  life-saving techniques, including, without limitation, the
14  Heimlich maneuver and rescue breathing. The training shall be
15  in accordance with standards of the American Red Cross, the
16  American Heart Association, or another nationally recognized
17  certifying organization. A school board may use the services
18  of non-governmental entities whose personnel have expertise in
19  life-saving techniques to instruct teachers and other school
20  personnel in these techniques. Each school board is encouraged
21  to have in its employ, or on its volunteer staff, at least one
22  person who is certified, by the American Red Cross or by
23  another qualified certifying agency, as qualified to
24  administer first aid and cardiopulmonary resuscitation. In
25  addition, each school board is authorized to allocate
26  appropriate portions of its institute or inservice days to

 

 

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1  conduct training programs for teachers and other school
2  personnel who have expressed an interest in becoming qualified
3  to administer emergency first aid or cardiopulmonary
4  resuscitation. School boards are urged to encourage their
5  teachers and other school personnel who coach school athletic
6  programs and other extracurricular school activities to
7  acquire, develop, and maintain the knowledge and skills
8  necessary to properly administer first aid and cardiopulmonary
9  resuscitation in accordance with standards and requirements
10  established by the American Red Cross or another qualified
11  certifying agency. Subject to appropriation, the State Board
12  of Education shall establish and administer a matching grant
13  program to pay for half of the cost that a school district
14  incurs in training those teachers and other school personnel
15  who express an interest in becoming qualified to administer
16  cardiopulmonary resuscitation (which training must be in
17  accordance with standards of the American Red Cross, the
18  American Heart Association, or another nationally recognized
19  certifying organization) or in learning how to use an
20  automated external defibrillator. A school district that
21  applies for a grant must demonstrate that it has funds to pay
22  half of the cost of the training for which matching grant money
23  is sought. The State Board of Education shall award the grants
24  on a first-come, first-serve basis.
25  (d) No pupil shall be required to take or participate in
26  any class or course on AIDS or family life instruction or to

 

 

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1  receive training on how to properly administer cardiopulmonary
2  resuscitation or how to use an automated external
3  defibrillator if his or her parent or guardian submits written
4  objection thereto, and refusal to take or participate in the
5  course or program or the training shall not be reason for
6  suspension or expulsion of the pupil.
7  (e) Curricula developed under programs established in
8  accordance with this Act in the major educational area of
9  alcohol and drug use and abuse shall include classroom
10  instruction in grades 5 through 12, shall be age and
11  developmentally appropriate, and may include the information
12  contained in the Substance Use Prevention and Recovery
13  Instruction Resource Guide under Section 22-81 of the School
14  Code, as applicable. The instruction, which shall include
15  matters relating to both the physical and legal effects and
16  ramifications of drug and substance abuse, shall be integrated
17  into existing curricula; and the State Board of Education
18  shall determine how to develop and make available to all
19  elementary and secondary schools in this State instructional
20  materials and guidelines that which will assist the schools in
21  incorporating the instruction into their existing curricula.
22  In addition, school districts may offer, as part of existing
23  curricula during the school day or as part of an after-school
24  after school program, support services and instruction for
25  pupils or pupils whose parent, parents, or guardians are
26  chemically dependent. Curricula developed under programs

 

 

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1  established in accordance with this Act in the major
2  educational area of alcohol and drug use and abuse shall
3  include the instruction, study, and discussion required under
4  subsection (c) of Section 27-13.2 of the School Code.
5  Beginning with the 2024-2025 school year, the program
6  shall include instruction, study, and discussion on the
7  dangers of fentanyl in grades 6 through 12. Information for
8  the instruction, study, and discussion on the dangers of
9  fentanyl shall be age and developmentally appropriate and may
10  include information contained in the Substance Use Prevention
11  and Recovery Instruction Resource Guide under Section 22-81 of
12  the School Code, as applicable. The instruction, study, and
13  discussion on the dangers of fentanyl in grades 9 through 12
14  shall include, at a minimum, all of the following:
15  (1) Information on fentanyl itself, including an
16  explanation of the differences between synthetic and
17  nonsynthetic opioids and illicit drugs, the variations of
18  fentanyl itself, and the differences between the legal and
19  illegal uses of fentanyl.
20  (2) The side effects and the risk factors of using
21  fentanyl, along with information comparing the lethal
22  amounts of fentanyl to other drugs. Information on the
23  risk factors may include, but is not limited to:
24  (A) the lethal dose of fentanyl;
25  (B) how often fentanyl is placed in drugs without
26  a person's knowledge;

 

 

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1  (C) an explanation of what fentanyl does to a
2  person's body and the severity of fentanyl's addictive
3  properties; and
4  (D) how the consumption of fentanyl can lead to
5  hypoxia, as well as an explanation of what hypoxia
6  precisely does to a person's body.
7  (3) Details about the process of lacing fentanyl in
8  other drugs and why drugs get laced with fentanyl.
9  (4) Details about how to detect fentanyl in drugs and
10  how to save someone from an overdose of fentanyl, which
11  shall include:
12  (A) how to buy and use fentanyl test strips;
13  (B) how to buy and use naloxone, either through a
14  nasal spray or an injection; and
15  (C) how to detect if someone is overdosing on
16  fentanyl.
17  Students in grades 9 through 12 shall be assessed on the
18  instruction, study, and discussion on the dangers of fentanyl.
19  The assessment may include, but is not limited to:
20  (i) the differences between synthetic and nonsynthetic
21  drugs;
22  (ii) hypoxia;
23  (iii) the effects of fentanyl on a person's body;
24  (iv) the lethal dose of fentanyl; and
25  (v) how to detect and prevent overdoses.
26  The instruction, study, and discussion on the dangers of

 

 

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1  fentanyl may be taught by a licensed educator, school nurse,
2  school social worker, law enforcement officer, or school
3  counselor.
4  (Source: P.A. 102-464, eff. 8-20-21; 102-558, eff. 8-20-21;
5  102-1034, eff. 1-1-23; 103-212, eff. 1-1-24; 103-365, eff.
6  1-1-24; revised 12-12-23.)

 

 

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