Illinois General Assembly - Full Text of HB4007
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Full Text of HB4007  101st General Assembly




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1    AN ACT concerning education.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The School Code is amended by changing Section
527-9.1 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 for
10use with a particular demographic, ethnic, linguistic, or
11cultural group.
12    "Age appropriate" means suitable to particular ages or age
13groups of children and adolescents, based on the developing
14cognitive, emotional, and behavioral capacity typical for the
15age or age group.
16    "Evidence-based program" means a program for which
17systematic, empirical research or evaluation has provided
18evidence of effectiveness.
19    "Medically accurate" means verified or supported by the
20weight of research conducted in compliance with accepted
21scientific methods and published in peer-reviewed journals, if
22applicable, or comprising information recognized as accurate,
23objective, and complete.



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1    "Sexting" means the act of sending, sharing, receiving, or
2forwarding a sexually explicit or sexually suggestive image,
3video, or text message by a digital or electronic device,
4including, but not limited to, a mobile or cellular telephone
5or a computer.
6    (a-5) No pupil shall be required to take or participate in
7any class or course in comprehensive sex education if his
8parent or guardian submits written objection thereto, and
9refusal to take or participate in such course or program shall
10not be reason for suspension or expulsion of such pupil. Each
11class or course in comprehensive sex education offered in any
12of grades 6 through 12 shall include instruction on both
13abstinence and contraception for the prevention of pregnancy
14and sexually transmitted diseases, including HIV/AIDS. Nothing
15in this Section prohibits instruction in sanitation, hygiene or
16traditional courses in biology.
17    (b) All public school classes that teach sex education and
18discuss sexual intercourse in grades 6 through 12 shall
19emphasize that abstinence from sexual intercourse is a
20responsible and positive decision and is the only protection
21that is 100% effective against unwanted teenage pregnancy,
22sexually transmitted diseases, and acquired immune deficiency
23syndrome (AIDS) when transmitted sexually.
24    (c) All classes that teach sex education and discuss sexual
25intercourse in grades 6 through 12 shall satisfy the following



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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 ensured
14    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 AIDS
26    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 is
7    under the age of 17 and for a person who is in a position of
8    trust, authority, or supervision to have sexual relations
9    with an individual who is under the age of 18 pursuant to
10    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 shall
14    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 activity
11        does not constitute consent to future sexual activity.
12            (F) That a person's consent to engage in sexual
13        activity with one person does not constitute consent to
14        engage in sexual activity with another person.
15            (G) That a person can withdraw consent at any time.
16            (H) That a person cannot consent to sexual activity
17        if that person is unable to understand the nature of
18        the activity or give knowing consent due to certain
19        circumstances that include, but are not limited to, (i)
20        the person is incapacitated due to the use or influence
21        of alcohol or drugs, (ii) the person is asleep or
22        unconscious, (iii) the person is a minor, or (iv) the
23        person is incapacitated due to a mental disability.
24        (12) Course material and instruction shall include an
25    age-appropriate discussion about sexting. The discussion
26    about sexting must include an exploration of all of the



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1    following areas:
2            (A) The possible consequences of sharing or
3        forwarding sexually explicit or sexually suggestive
4        photographs or images, videos, or text messages.
5            (B) The identification of situations in which
6        bullying or harassment may result as a consequence of
7        sexting.
8            (C) The possible long-term legal, social,
9        academic, and other consequences that may result from
10        possessing sexual content.
11            (D) The importance of using the Internet safely and
12        how sexting may pose a risk on the Internet.
13            (E) The identification of individuals in school,
14        such as a teacher, school social worker, or counselor,
15        or in the community, such as a police officer or
16        community leader, who may be contacted for assistance
17        with issues, concerns, or problems.
18            (F) The development of strategies for resisting
19        peer pressure and for communicating in a positive
20        manner.
21    (d) An opportunity shall be afforded to individuals,
22including parents or guardians, to examine the instructional
23materials to be used in such class or course.
24    (e) The State Board of Education shall make available
25resource materials, with the cooperation and input of the
26agency that administers grant programs consistent with



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1criteria (1) and (1.5) of subsection (c) of this Section, for
2educating children regarding sex education and may take into
3consideration the curriculum on this subject developed by other
4states, as well as any other curricular materials suggested by
5education experts and other groups that work on sex education
6issues. Materials may include without limitation model sex
7education curriculums and sexual health education programs.
8The State Board of Education shall make these resource
9materials available on its Internet website. School districts
10that do not currently provide sex education are not required to
11teach sex education. If a sex education class or course is
12offered in any of grades 6 through 12, the school district may
13choose and adapt the developmentally and age-appropriate,
14medically accurate, evidence-based, and complete sex education
15curriculum that meets the specific needs of its community.
16(Source: P.A. 100-684, eff. 8-3-18; 101-579, eff. 1-1-20.)
17    Section 99. Effective date. This Act takes effect upon
18becoming law.