Bill Text: IL HB5148 | 2017-2018 | 100th General Assembly | Enrolled


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: (Enrolled) 2018-06-22 - Sent to the Governor [HB5148 Detail]

Download: Illinois-2017-HB5148-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 males to have sexual relations with females under the age
2 of 18 to whom they are not married pursuant to Article 11
3 of the Criminal Code of 2012.
4 (8) Course material and instruction shall teach pupils
5 to not make unwanted physical and verbal sexual advances
6 and how to say no to unwanted sexual advances. Pupils shall
7 be taught that it is wrong to take advantage of or to
8 exploit another person. The material and instruction shall
9 also encourage youth to resist negative peer pressure. The
10 material and instruction shall include, with an emphasis on
11 the workplace environment and life on a college campus,
12 discussion on what constitutes sexual consent and what may
13 be considered sexual harassment or sexual assault.
14 (9) (Blank).
15 (10) Course material and instruction shall teach
16 pupils about the dangers associated with drug and alcohol
17 consumption during pregnancy.
18 (d) An opportunity shall be afforded to individuals,
19including parents or guardians, to examine the instructional
20materials to be used in such class or course.
21 (e) The State Board of Education shall make available
22resource materials, with the cooperation and input of the
23agency that administers grant programs consistent with
24criteria (1) and (1.5) of subsection (c) of this Section, for
25educating children regarding sex education and may take into
26consideration the curriculum on this subject developed by other

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1states, as well as any other curricular materials suggested by
2education experts and other groups that work on sex education
3issues. Materials may include without limitation model sex
4education curriculums and sexual health education programs.
5The State Board of Education shall make these resource
6materials available on its Internet website. School districts
7that do not currently provide sex education are not required to
8teach sex education. If a sex education class or course is
9offered in any of grades 6 through 12, the school district may
10choose and adapt the developmentally and age-appropriate,
11medically accurate, evidence-based, and complete sex education
12curriculum that meets the specific needs of its community.
13(Source: P.A. 97-1150, eff. 1-25-13; 98-441, eff. 1-1-14.)
14 Section 99. Effective date. This Act takes effect July 1,
152018.
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