Bill Text: IL HB4007 | 2019-2020 | 101st General Assembly | Engrossed

---

Bill Title: Amends the School Code. Provides that sex education course material and instruction in grades 6 through 12 must include an age-appropriate discussion on sexting; defines "sexting". Provides that the discussion on sexting must include an exploration of: (i) the possible consequences of sexting, (ii) the identification of situations in which bullying or harassment result from sexting, (iii) the possible long-term consequences of sexting, (iv) the importance of using the Internet safely, (v) the identification of individuals in the school or community that may be contacted for assistance with issues, concerns, or problems, and (vi) the development of strategies for resisting peer pressure and for communicating in a positive manner. Effective immediately.

Spectrum: Moderate Partisan Bill (Democrat 14-2)

Status: (Engrossed - Dead) 2020-02-27 - Added as Alternate Chief Co-Sponsor Sen. Linda Holmes [HB4007 Detail]

Download: Illinois-2019-HB4007-Engrossed.html

---

HB4007 Engrossed LRB101 15560 CMG 64904 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.

HB4007 Engrossed - 2 - LRB101 15560 CMG 64904 b
"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.
(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:

HB4007 Engrossed - 3 - LRB101 15560 CMG 64904 b
(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.

HB4007 Engrossed - 4 - LRB101 15560 CMG 64904 b
(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 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

HB4007 Engrossed - 5 - LRB101 15560 CMG 64904 b
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

HB4007 Engrossed - 6 - LRB101 15560 CMG 64904 b
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 teacher, school social worker, or counselor,
or in the community, such as a police officer or
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.
(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

HB4007 Engrossed - 7 - LRB101 15560 CMG 64904 b
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.)
Section 99. Effective date. This Act takes effect upon
becoming law.