Public Act 101-0579
 
HB3550 EnrolledLRB101 10919 AXK 56072 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. 
    (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 males 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 
    females under the
age of 18 to whom they are not married 
    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, with an emphasis on 
    the workplace environment and life on a college campus, 
    discussion on what constitutes sexual consent and 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. 
    (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.)