Full Text of HB0024 102nd General Assembly
HB0024enr 102ND GENERAL ASSEMBLY |
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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 | | 27-9.1 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) In this Section: | 9 | | "Adapt" means to modify an evidence-based program model
| 10 | | for use with a particular demographic, ethnic, linguistic, or
| 11 | | cultural group. | 12 | | "Age appropriate" means suitable to particular ages or age
| 13 | | groups of children and adolescents, based on the developing
| 14 | | cognitive, emotional, and behavioral capacity typical for the
| 15 | | age or age group. | 16 | | "Evidence-based program" means a program for which
| 17 | | systematic, empirical research or evaluation has provided
| 18 | | evidence of effectiveness. | 19 | | "Medically accurate" means verified or supported by the
| 20 | | weight of research conducted in compliance with accepted
| 21 | | scientific methods and published in peer-reviewed journals,
if | 22 | | applicable, or comprising information recognized as accurate, | 23 | | objective, and complete. |
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| 1 | | "Sexting" means the act of sending, sharing, receiving, or | 2 | | forwarding a sexually explicit or sexually suggestive image, | 3 | | video, or text message by a digital or electronic device, | 4 | | including, but not limited to, a mobile or cellular telephone | 5 | | or a computer. | 6 | | (a-5) No pupil shall be required to take or participate in | 7 | | any class or course
in comprehensive sex education if his | 8 | | parent or guardian submits written
objection thereto, and | 9 | | refusal to take or participate in such course or
program shall | 10 | | not be reason for suspension or expulsion of such pupil.
Each | 11 | | class or course in comprehensive sex education offered in any | 12 | | of
grades 6 through 12 shall include instruction on both | 13 | | abstinence and contraception for the prevention of pregnancy | 14 | | and sexually transmitted diseases, including HIV/AIDS.
Nothing | 15 | | in this Section prohibits instruction in sanitation, hygiene | 16 | | or
traditional courses in biology.
| 17 | | (b) All public school
classes that teach sex education and | 18 | | discuss sexual intercourse in grades 6 through 12 shall
| 19 | | emphasize that abstinence from
sexual intercourse is a | 20 | | responsible and positive decision and is the only
protection | 21 | | that is 100% effective against unwanted teenage pregnancy,
| 22 | | sexually transmitted diseases, and acquired immune deficiency | 23 | | syndrome
(AIDS) when transmitted sexually.
| 24 | | (c) All classes that teach sex education and discuss | 25 | | sexual intercourse in grades 6 through 12 shall
satisfy the | 26 | | following criteria:
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| 1 | | (1) Course material and instruction shall be | 2 | | developmentally and age appropriate, medically accurate, | 3 | | and complete.
| 4 | | (1.5) Course material and instruction shall replicate | 5 | | evidence-based programs or substantially incorporate | 6 | | elements of evidence-based programs. | 7 | | (2) Course material and instruction shall teach honor | 8 | | and respect for
monogamous heterosexual marriage.
| 9 | | (3) Course material and instruction shall place | 10 | | substantial emphasis on both abstinence, including | 11 | | abstinence until marriage, and contraception for the | 12 | | prevention of pregnancy and sexually transmitted diseases | 13 | | among youth and shall stress that abstinence is the | 14 | | ensured method of avoiding unintended pregnancy, sexually | 15 | | transmitted diseases, and HIV/AIDS.
| 16 | | (4) Course material and instruction shall include a | 17 | | discussion of the
possible emotional and psychological | 18 | | consequences of preadolescent and
adolescent sexual | 19 | | intercourse and the consequences of
unwanted adolescent | 20 | | pregnancy.
| 21 | | (5) Course material and instruction shall stress that | 22 | | sexually
transmitted diseases are serious possible hazards | 23 | | of sexual intercourse.
Pupils shall be provided with | 24 | | statistics based on the latest medical
information citing | 25 | | the failure and success rates of condoms in preventing
| 26 | | AIDS and other sexually transmitted diseases.
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| 1 | | (6) Course material and instruction shall advise | 2 | | pupils of the laws
pertaining to their financial | 3 | | responsibility to children born in and out of
wedlock.
| 4 | | (7) Course material and instruction shall advise | 5 | | pupils of the
circumstances under which it is unlawful for | 6 | | a person to have sexual relations
with an individual who | 7 | | is under the age of 17 and for a person who is in a | 8 | | position of trust, authority, or supervision to have | 9 | | sexual relations with an individual who is under the age | 10 | | of 18 pursuant to Article 11 of the
Criminal Code of 2012.
| 11 | | (8) Course material and instruction shall teach pupils | 12 | | to not make
unwanted physical and verbal sexual advances | 13 | | and how to say no to unwanted
sexual advances. Pupils | 14 | | shall be taught that it is wrong to take advantage
of or to | 15 | | exploit another person. The material and instruction shall | 16 | | also
encourage youth to resist negative peer pressure. The | 17 | | material and instruction shall include discussion on what | 18 | | may be considered sexual harassment or sexual assault.
| 19 | | (9) (Blank).
| 20 | | (10) Course material and instruction shall teach | 21 | | pupils about the dangers associated with drug and alcohol | 22 | | consumption during pregnancy. | 23 | | (11) Course material and instruction must include an | 24 | | age-appropriate discussion on the meaning of consent that | 25 | | includes discussion on recognizing all of the following: | 26 | | (A) That consent is a freely given agreement to |
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| 1 | | sexual activity. | 2 | | (B) That consent to one particular sexual activity | 3 | | does not constitute consent to other types of sexual | 4 | | activities. | 5 | | (C) That a person's lack of verbal or physical | 6 | | resistance or submission resulting from the use or | 7 | | threat of force does not constitute consent. | 8 | | (D) That a person's manner of dress does not | 9 | | constitute consent. | 10 | | (E) That a person's consent to past sexual | 11 | | activity does not constitute consent to future sexual | 12 | | activity. | 13 | | (F) That a person's consent to engage in sexual | 14 | | activity with one person does not constitute consent | 15 | | to engage in sexual activity with another person. | 16 | | (G) That a person can withdraw consent at any | 17 | | time. | 18 | | (H) That a person cannot consent to sexual | 19 | | activity if that person is unable to understand the | 20 | | nature of the activity or give knowing consent due to | 21 | | certain circumstances that include, but are not | 22 | | limited to, (i) the person is incapacitated due to the | 23 | | use or influence of alcohol or drugs,
(ii) the person | 24 | | is asleep or unconscious,
(iii) the person is a minor, | 25 | | or
(iv) the person is incapacitated due to a mental | 26 | | disability. |
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| 1 | | (12) Course material and instruction shall include an | 2 | | age-appropriate discussion about sexting. The discussion | 3 | | about sexting must include an exploration of all of the | 4 | | following areas: | 5 | | (A) The possible consequences of sharing or | 6 | | forwarding sexually explicit or sexually suggestive | 7 | | photographs or images, videos, or text messages. | 8 | | (B) The identification of situations in which | 9 | | bullying or harassment may result as a consequence of | 10 | | sexting. | 11 | | (C) The possible long-term legal, social, | 12 | | academic, and other consequences that may result from | 13 | | possessing sexual content. | 14 | | (D) The importance of using the Internet safely | 15 | | and how sexting may pose a risk on the Internet. | 16 | | (E) The identification of individuals in school, | 17 | | such as a principal, teacher, school social worker, or | 18 | | counselor, or a trusted community leader who may be | 19 | | contacted for assistance with issues, concerns, or | 20 | | problems. | 21 | | (F) The development of strategies for resisting | 22 | | peer pressure and for communicating in a positive | 23 | | manner. | 24 | | (d) An opportunity shall be afforded to individuals, | 25 | | including parents or guardians, to examine
the instructional | 26 | | materials to be used in such class or course.
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| 1 | | (e) The State Board of Education shall make available | 2 | | resource materials, with the cooperation and input of the | 3 | | agency that administers grant programs consistent with | 4 | | criteria (1) and (1.5) of subsection (c) of this Section, for | 5 | | educating children regarding sex education and may take into | 6 | | consideration the curriculum on this subject developed by | 7 | | other states, as well as any other curricular materials | 8 | | suggested by education experts and other groups that work on | 9 | | sex education issues. Materials may include without limitation | 10 | | model sex education curriculums and sexual health education | 11 | | programs. The State Board of Education shall make these | 12 | | resource materials available on its Internet website. School | 13 | | districts that do not currently provide sex education are not | 14 | | required to teach sex education. If a sex education class or | 15 | | course is offered in any of grades 6 through 12, the school | 16 | | district may choose and adapt the developmentally and | 17 | | age-appropriate, medically accurate, evidence-based, and | 18 | | complete sex education curriculum that meets the specific | 19 | | needs of its community. | 20 | | (Source: P.A. 100-684, eff. 8-3-18; 101-579, eff. 1-1-20 .)
| 21 | | Section 99. Effective date. This Act takes effect upon | 22 | | becoming law.
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