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Public Act 102-0412 | ||||
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AN ACT concerning education.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The School Code is amended by changing Section | ||||
27-9.1 as follows:
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(105 ILCS 5/27-9.1) (from Ch. 122, par. 27-9.1)
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Sec. 27-9.1. Sex education.
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(a) In this Section: | ||||
"Adapt" means to modify an evidence-based program model
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for use with a particular demographic, ethnic, linguistic, or
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cultural group. | ||||
"Age appropriate" means suitable to particular ages or age
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groups of children and adolescents, based on the developing
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cognitive, emotional, and behavioral capacity typical for the
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age or age group. | ||||
"Evidence-based program" means a program for which
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systematic, empirical research or evaluation has provided
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evidence of effectiveness. | ||||
"Medically accurate" means verified or supported by the
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weight of research conducted in compliance with accepted
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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.
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(b) All public school
classes that teach sex education and | ||
discuss sexual intercourse in grades 6 through 12 shall
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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,
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sexually transmitted diseases, and acquired immune deficiency | ||
syndrome
(AIDS) when transmitted sexually.
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(c) All classes that teach sex education and discuss | ||
sexual intercourse in grades 6 through 12 shall
satisfy the | ||
following criteria:
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(1) Course material and instruction shall be | ||
developmentally and age appropriate, medically accurate, | ||
and complete.
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(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.
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(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.
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(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.
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(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
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AIDS and other sexually transmitted diseases.
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(6) Course material and instruction shall advise | ||
pupils of the laws
pertaining to their financial | ||
responsibility to children born in and out of
wedlock.
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(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.
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(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.
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(9) (Blank).
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(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.
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(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 .)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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