Bill Text: IL HB5148 | 2017-2018 | 100th General Assembly | Chaptered
Bill Title: Amends the School Code. Provides that course material and instruction in a sex education course shall include, with an emphasis on the workplace environment and life on a college campus, material and discussion on what constitutes sexual consent and what may be considered sexual harassment or sexual assault. Effective July 1, 2018.
Spectrum: Strong Partisan Bill (Democrat 62-4)
Status: (Passed) 2018-08-03 - Public Act . . . . . . . . . 100-0684 [HB5148 Detail]
Download: Illinois-2017-HB5148-Chaptered.html
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Public Act 100-0684 | ||||
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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
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. |
(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
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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.
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(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
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 |
males to have sexual relations
with females under the
age | ||
of 18 to whom they are not married 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, with an emphasis on | ||
the workplace environment and life on a college campus, | ||
discussion on what constitutes sexual consent and 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. | ||
(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. 97-1150, eff. 1-25-13; 98-441, eff. 1-1-14.)
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Section 99. Effective date. This Act takes effect July 1, | ||
2018.
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