Bill Text: IL HB3224 | 2021-2022 | 102nd General Assembly | Introduced

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Bill Title: 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.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Introduced - Dead) 2021-03-27 - Rule 19(a) / Re-referred to Rules Committee [HB3224 Detail]

Download: Illinois-2021-HB3224-Introduced.html

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102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 HB3224 Introduced , 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
HB3224 LRB102 10701 CMG 16030 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.

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(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

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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

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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

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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 the importance of
establishing appropriate physical boundaries in
relationships and interactions with others. An
age-appropriate discussion must include all of the

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following:
(A) How to set appropriate boundaries with others.
(B) How to respond to unwanted physical contact or
advances.
(C) The importance of saying "no" in uncomfortable
situations.
(D) How to help a peer deal with an uncomfortable
situation.
(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

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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.