102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3224

 

Introduced 2/19/2021, by Rep. Stephanie A. Kifowit

 

SYNOPSIS AS INTRODUCED:
 
105 ILCS 5/27-9.1  from Ch. 122, par. 27-9.1

    Amends the Article of the School Code concerning courses of study. In provisions relating to sex education, requires that course material and instruction include an age-appropriate discussion about the importance of establishing physical boundaries in relationships and interactions with others. Requires that the instruction must include a discussion about (i) how to set appropriate boundaries with others, (ii) how to respond to unwanted physical contact or advances, (iii) the importance of saying "no" in uncomfortable situations, and (iv) how to help a peer deal with an uncomfortable situation. Effective immediately.


LRB102 10701 CMG 16030 b

FISCAL NOTE ACT MAY APPLY
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

 

 

A BILL FOR

 

HB3224LRB102 10701 CMG 16030 b

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
10for use 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.

 

 

HB3224- 2 -LRB102 10701 CMG 16030 b

1    (a-5) No pupil shall be required to take or participate in
2any class or course in comprehensive sex education if his
3parent or guardian submits written objection thereto, and
4refusal to take or participate in such course or program shall
5not be reason for suspension or expulsion of such pupil. Each
6class or course in comprehensive sex education offered in any
7of grades 6 through 12 shall include instruction on both
8abstinence and contraception for the prevention of pregnancy
9and sexually transmitted diseases, including HIV/AIDS. Nothing
10in this Section prohibits instruction in sanitation, hygiene
11or traditional courses in biology.
12    (b) All public school classes that teach sex education and
13discuss sexual intercourse in grades 6 through 12 shall
14emphasize that abstinence from sexual intercourse is a
15responsible and positive decision and is the only protection
16that is 100% effective against unwanted teenage pregnancy,
17sexually transmitted diseases, and acquired immune deficiency
18syndrome (AIDS) when transmitted sexually.
19    (c) All classes that teach sex education and discuss
20sexual intercourse in grades 6 through 12 shall satisfy the
21following criteria:
22        (1) Course material and instruction shall be
23    developmentally and age appropriate, medically accurate,
24    and complete.
25        (1.5) Course material and instruction shall replicate
26    evidence-based programs or substantially incorporate

 

 

HB3224- 3 -LRB102 10701 CMG 16030 b

1    elements of evidence-based programs.
2        (2) Course material and instruction shall teach honor
3    and respect for monogamous heterosexual marriage.
4        (3) Course material and instruction shall place
5    substantial emphasis on both abstinence, including
6    abstinence until marriage, and contraception for the
7    prevention of pregnancy and sexually transmitted diseases
8    among youth and shall stress that abstinence is the
9    ensured method of avoiding unintended pregnancy, sexually
10    transmitted diseases, and HIV/AIDS.
11        (4) Course material and instruction shall include a
12    discussion of the possible emotional and psychological
13    consequences of preadolescent and adolescent sexual
14    intercourse and the consequences of unwanted adolescent
15    pregnancy.
16        (5) Course material and instruction shall stress that
17    sexually transmitted diseases are serious possible hazards
18    of sexual intercourse. Pupils shall be provided with
19    statistics based on the latest medical information citing
20    the failure and success rates of condoms in preventing
21    AIDS and other sexually transmitted diseases.
22        (6) Course material and instruction shall advise
23    pupils of the laws pertaining to their financial
24    responsibility to children born in and out of wedlock.
25        (7) Course material and instruction shall advise
26    pupils of the circumstances under which it is unlawful for

 

 

HB3224- 4 -LRB102 10701 CMG 16030 b

1    a person to have sexual relations with an individual who
2    is under the age of 17 and for a person who is in a
3    position of trust, authority, or supervision to have
4    sexual relations with an individual who is under the age
5    of 18 pursuant to Article 11 of the Criminal Code of 2012.
6        (8) Course material and instruction shall teach pupils
7    to not make unwanted physical and verbal sexual advances
8    and how to say no to unwanted sexual advances. Pupils
9    shall be taught that it is wrong to take advantage of or to
10    exploit another person. The material and instruction shall
11    also encourage youth to resist negative peer pressure. The
12    material and instruction shall include discussion on what
13    may be considered sexual harassment or sexual assault.
14        (9) (Blank).
15        (10) Course material and instruction shall teach
16    pupils about the dangers associated with drug and alcohol
17    consumption during pregnancy.
18        (11) Course material and instruction must include an
19    age-appropriate discussion on the meaning of consent that
20    includes discussion on recognizing all of the following:
21            (A) That consent is a freely given agreement to
22        sexual activity.
23            (B) That consent to one particular sexual activity
24        does not constitute consent to other types of sexual
25        activities.
26            (C) That a person's lack of verbal or physical

 

 

HB3224- 5 -LRB102 10701 CMG 16030 b

1        resistance or submission resulting from the use or
2        threat of force does not constitute consent.
3            (D) That a person's manner of dress does not
4        constitute consent.
5            (E) That a person's consent to past sexual
6        activity does not constitute consent to future sexual
7        activity.
8            (F) That a person's consent to engage in sexual
9        activity with one person does not constitute consent
10        to engage in sexual activity with another person.
11            (G) That a person can withdraw consent at any
12        time.
13            (H) That a person cannot consent to sexual
14        activity if that person is unable to understand the
15        nature of the activity or give knowing consent due to
16        certain circumstances that include, but are not
17        limited to, (i) the person is incapacitated due to the
18        use or influence of alcohol or drugs, (ii) the person
19        is asleep or unconscious, (iii) the person is a minor,
20        or (iv) the person is incapacitated due to a mental
21        disability.
22        (12) Course material and instruction shall include an
23    age-appropriate discussion about the importance of
24    establishing appropriate physical boundaries in
25    relationships and interactions with others. An
26    age-appropriate discussion must include all of the

 

 

HB3224- 6 -LRB102 10701 CMG 16030 b

1    following:
2            (A) How to set appropriate boundaries with others.
3            (B) How to respond to unwanted physical contact or
4        advances.
5            (C) The importance of saying "no" in uncomfortable
6        situations.
7            (D) How to help a peer deal with an uncomfortable
8        situation.
9    (d) An opportunity shall be afforded to individuals,
10including parents or guardians, to examine the instructional
11materials to be used in such class or course.
12    (e) The State Board of Education shall make available
13resource materials, with the cooperation and input of the
14agency that administers grant programs consistent with
15criteria (1) and (1.5) of subsection (c) of this Section, for
16educating children regarding sex education and may take into
17consideration the curriculum on this subject developed by
18other states, as well as any other curricular materials
19suggested by education experts and other groups that work on
20sex education issues. Materials may include without limitation
21model sex education curriculums and sexual health education
22programs. The State Board of Education shall make these
23resource materials available on its Internet website. School
24districts that do not currently provide sex education are not
25required to teach sex education. If a sex education class or
26course is offered in any of grades 6 through 12, the school

 

 

HB3224- 7 -LRB102 10701 CMG 16030 b

1district may choose and adapt the developmentally and
2age-appropriate, medically accurate, evidence-based, and
3complete sex education curriculum that meets the specific
4needs of its community.
5(Source: P.A. 100-684, eff. 8-3-18; 101-579, eff. 1-1-20.)
 
6    Section 99. Effective date. This Act takes effect upon
7becoming law.