Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process.
Recent laws may not yet be included in the ILCS database, but they are found on this site as Public
soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the
Because the statute database is maintained primarily for legislative drafting purposes,
statutory changes are sometimes included in the statute database before they take effect.
If the source note at the end of a Section of the statutes includes a Public Act that has
not yet taken effect, the version of the law that is currently in effect may have already
been removed from the database and you should refer to that Public Act to see the changes
made to the current law.
(105 ILCS 5/27-9.1)
(from Ch. 122, par. 27-9.1)
(a) In this Section:
"Adapt" means to modify an evidence-based program model
for use with a particular demographic, ethnic, linguistic, or
"Age appropriate" means suitable to particular ages or age
groups of children and adolescents, based on the developing
cognitive, emotional, and behavioral capacity typical for the
age or age group.
"Evidence-based program" means a program for which
systematic, empirical research or evaluation has provided
evidence of effectiveness.
"Medically accurate" means verified or supported by the
weight of research conducted in compliance with accepted
scientific methods and published in peer-reviewed journals,
if applicable, or comprising information recognized as accurate, objective, and complete.
(a-5) No pupil shall be required to take or participate in any class or course
in comprehensive sex education if his parent or guardian submits written
objection thereto, and refusal to take or participate in such course or
program shall not be reason for suspension or expulsion of such pupil.
Each class or course in comprehensive sex education offered in any of
grades 6 through 12 shall include instruction on both abstinence and contraception for the prevention of pregnancy and sexually transmitted diseases, including HIV/AIDS.
Nothing in this Section prohibits instruction in sanitation, hygiene or
traditional courses in biology.
(b) All public school
classes that teach sex education and discuss sexual intercourse in grades 6 through 12 shall
emphasize that abstinence from
sexual intercourse is a responsible and positive decision and is the only
protection that is 100% effective against unwanted teenage pregnancy,
sexually transmitted diseases, and acquired immune deficiency syndrome
(AIDS) when transmitted sexually.
(c) All classes that teach sex education and discuss sexual intercourse in grades 6 through 12 shall
satisfy the following criteria:
(1) Course material and instruction shall be
developmentally and age appropriate, medically accurate, and complete.
(1.5) Course material and instruction shall replicate
evidence-based programs or substantially incorporate elements of evidence-based programs.
(2) Course material and instruction shall teach honor
and respect for monogamous heterosexual marriage.
(3) Course material and instruction shall place
substantial emphasis on both abstinence, including abstinence until marriage, and contraception for the prevention of pregnancy and sexually transmitted diseases among youth and shall stress that abstinence is the ensured method of avoiding unintended pregnancy, sexually transmitted diseases, and HIV/AIDS.
(4) Course material and instruction shall include a
discussion of the possible emotional and psychological consequences of preadolescent and adolescent sexual intercourse and the consequences of unwanted adolescent pregnancy.
(5) Course material and instruction shall stress that
sexually transmitted diseases are serious possible hazards of sexual intercourse. Pupils shall be provided with statistics based on the latest medical information citing the failure and success rates of condoms in preventing AIDS and other sexually transmitted diseases.
(6) Course material and instruction shall advise
pupils of the laws pertaining to their financial responsibility to children born in and out of wedlock.
(7) Course material and instruction shall advise
pupils of the circumstances under which it is unlawful for a person to have sexual relations with an individual who is under the age of 17 and for a person who is in a position of trust, authority, or supervision to have sexual relations with an individual who is under the age of 18 pursuant to Article 11 of the Criminal Code of 2012.
(8) Course material and instruction shall teach
pupils to not make unwanted physical and verbal sexual advances and how to say no to unwanted sexual advances. Pupils shall be taught that it is wrong to take advantage of or to exploit another person. The material and instruction shall also encourage youth to resist negative peer pressure. The material and instruction shall include discussion on what may be considered sexual harassment or sexual assault.
(10) Course material and instruction shall teach
pupils about the dangers associated with drug and alcohol consumption during pregnancy.
(11) Course material and instruction must include an
age-appropriate discussion on the meaning of consent that includes discussion on recognizing all of the following:
(A) That consent is a freely given agreement to
(B) That consent to one particular sexual
activity does not constitute consent to other types of sexual activities.
(C) That a person's lack of verbal or physical
resistance or submission resulting from the use or threat of force does not constitute consent.
(D) That a person's manner of dress does not
(E) That a person's consent to past sexual
activity does not constitute consent to future sexual activity.
(F) That a person's consent to engage in sexual
activity with one person does not constitute consent to engage in sexual activity with another person.
(G) That a person can withdraw consent at any
(H) That a person cannot consent to sexual
activity if that person is unable to understand the nature of the activity or give knowing consent due to certain circumstances that include, but are not limited to, (i) the person is incapacitated due to the use or influence of alcohol or drugs, (ii) the person is asleep or unconscious, (iii) the person is a minor, or (iv) the person is incapacitated due to a mental disability.
(d) An opportunity shall be afforded to individuals, including parents or guardians, to examine
the instructional materials to be used in such class or course.
(e) The State Board of Education shall make available resource materials, with the cooperation and input of the agency that administers grant programs consistent with criteria (1) and (1.5) of subsection (c) of this Section, for educating children regarding sex education and may take into consideration the curriculum on this subject developed by other states, as well as any other curricular materials suggested by education experts and other groups that work on sex education issues. Materials may include without limitation model sex education curriculums and sexual health education programs. The State Board of Education shall make these resource materials available on its Internet website. School districts that do not currently provide sex education are not required to teach sex education. If a sex education class or course is offered in any of grades 6 through 12, the school district may choose and adapt the developmentally and age-appropriate, medically accurate, evidence-based, and complete sex education curriculum that meets the specific needs of its community.
(Source: P.A. 100-684, eff. 8-3-18; 101-579, eff. 1-1-20