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Public Act 102-0412


 

Public Act 0412 102ND GENERAL ASSEMBLY

  
  
  

 


 
Public Act 102-0412
 
HB0024 EnrolledLRB102 03802 CMG 13815 b

    AN ACT concerning education.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The School Code is amended by changing Section
27-9.1 as follows:
 
    (105 ILCS 5/27-9.1)  (from Ch. 122, par. 27-9.1)
    Sec. 27-9.1. Sex education.
    (a) In this Section:
    "Adapt" means to modify an evidence-based program model
for use with a particular demographic, ethnic, linguistic, or
cultural group.
    "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.
    "Sexting" means the act of sending, sharing, receiving, or
forwarding a sexually explicit or sexually suggestive image,
video, or text message by a digital or electronic device,
including, but not limited to, a mobile or cellular telephone
or a computer.
    (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.
        (9) (Blank).
        (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
        sexual activity.
            (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
        constitute consent.
            (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
        time.
            (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.
        (12) Course material and instruction shall include an
    age-appropriate discussion about sexting. The discussion
    about sexting must include an exploration of all of the
    following areas:
            (A) The possible consequences of sharing or
        forwarding sexually explicit or sexually suggestive
        photographs or images, videos, or text messages.
            (B) The identification of situations in which
        bullying or harassment may result as a consequence of
        sexting.
            (C) The possible long-term legal, social,
        academic, and other consequences that may result from
        possessing sexual content.
            (D) The importance of using the Internet safely
        and how sexting may pose a risk on the Internet.
            (E) The identification of individuals in school,
        such as a principal, teacher, school social worker, or
        counselor, or a trusted community leader who may be
        contacted for assistance with issues, concerns, or
        problems.
            (F) The development of strategies for resisting
        peer pressure and for communicating in a positive
        manner.
    (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.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/20/2021