Public Act 102-0412
Public Act 0412 102ND GENERAL ASSEMBLY
|Public Act 102-0412|
|HB0024 Enrolled||LRB102 03802 CMG 13815 b|
AN ACT concerning education.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
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)
(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,
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
not be reason for suspension or expulsion of such pupil.
class or course in comprehensive sex education offered in any
grades 6 through 12 shall include instruction on both
abstinence and contraception for the prevention of pregnancy
and sexually transmitted diseases, including HIV/AIDS.
in this Section prohibits instruction in sanitation, hygiene
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
that is 100% effective against unwanted teenage pregnancy,
sexually transmitted diseases, and acquired immune deficiency
(AIDS) when transmitted sexually.
(c) All classes that teach sex education and discuss
sexual intercourse in grades 6 through 12 shall
(1) Course material and instruction shall be
developmentally and age appropriate, medically accurate,
(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
intercourse and the consequences of
(5) Course material and instruction shall stress that
transmitted diseases are serious possible hazards
of sexual intercourse.
Pupils shall be provided with
statistics based on the latest medical
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
(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
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
(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
(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,
(iv) the person is incapacitated due to a mental
(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
(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
(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
(F) The development of strategies for resisting
peer pressure and for communicating in a positive
(d) An opportunity shall be afforded to individuals,
including parents or guardians, to examine
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
This Act takes effect upon
Effective Date: 8/20/2021