Bill Text: IL HB3550 | 2019-2020 | 101st General Assembly | Enrolled


Bill Title: Amends the School Code. With regard to a sex education course, provides that course material and instruction in grades 6 through 12 must include an age-appropriate discussion on the meaning of consent that includes discussion on recognizing that (i) consent is a freely given agreement to sexual activity, (ii) consent to one particular sexual activity does not constitute consent to other types of sexual activities, (iii) a person's lack of verbal or physical resistance or submission resulting from the use or threat of force does not constitute consent, (iv) a person's manner of dress does not constitute consent, (v) a person's consent to past sexual activity does not constitute consent to future sexual activity, (vi) a person's consent to engage in sexual activity with one person does not constitute consent to engage in sexual activity with another person, (vii) a person can withdraw consent at any time, and (viii) 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. Removes a provision requiring material and instruction to include, with an emphasis on workplace environment and life on a college campus, discussion on what constitutes sexual consent. Makes other changes concerning the course material and instruction.

Spectrum: Strong Partisan Bill (Democrat 43-4)

Status: (Enrolled) 2019-05-29 - Passed Both Houses [HB3550 Detail]

Download: Illinois-2019-HB3550-Enrolled.html



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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 for
10use 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.

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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 or
11traditional 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 sexual
20intercourse in grades 6 through 12 shall satisfy the following
21criteria:
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

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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 ensured
9 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 AIDS
21 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

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

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1 does not constitute consent to other types of sexual
2 activities.
3 (C) That a person's lack of verbal or physical
4 resistance or submission resulting from the use or
5 threat of force does not constitute consent.
6 (D) That a person's manner of dress does not
7 constitute consent.
8 (E) That a person's consent to past sexual activity
9 does not constitute consent to future sexual activity.
10 (F) That a person's consent to engage in sexual
11 activity with one person does not constitute consent to
12 engage in sexual activity with another person.
13 (G) That a person can withdraw consent at any time.
14 (H) That a person cannot consent to sexual activity
15 if that person is unable to understand the nature of
16 the activity or give knowing consent due to certain
17 circumstances that include, but are not limited to, (i)
18 the person is incapacitated due to the use or influence
19 of alcohol or drugs, (ii) the person is asleep or
20 unconscious, (iii) the person is a minor, or (iv) the
21 person is incapacitated due to a mental disability.
22 (d) An opportunity shall be afforded to individuals,
23including parents or guardians, to examine the instructional
24materials to be used in such class or course.
25 (e) The State Board of Education shall make available
26resource materials, with the cooperation and input of the

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1agency that administers grant programs consistent with
2criteria (1) and (1.5) of subsection (c) of this Section, for
3educating children regarding sex education and may take into
4consideration the curriculum on this subject developed by other
5states, as well as any other curricular materials suggested by
6education experts and other groups that work on sex education
7issues. Materials may include without limitation model sex
8education curriculums and sexual health education programs.
9The State Board of Education shall make these resource
10materials available on its Internet website. School districts
11that do not currently provide sex education are not required to
12teach sex education. If a sex education class or course is
13offered in any of grades 6 through 12, the school district may
14choose and adapt the developmentally and age-appropriate,
15medically accurate, evidence-based, and complete sex education
16curriculum that meets the specific needs of its community.
17(Source: P.A. 100-684, eff. 8-3-18.)
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