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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Introduced.html

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100TH GENERAL ASSEMBLY State of Illinois 2017 and 2018 HB5148 Introduced , by Rep. Stephanie A. Kifowit SYNOPSIS AS INTRODUCED:
105 ILCS 5/27-9.1 from Ch. 122, par. 27-9.1
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.
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FISCAL NOTE ACT MAY APPLY STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT
A BILL FOR
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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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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.
(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.
(9) (Blank).
(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.
(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

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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.)
Section 99. Effective date. This Act takes effect July 1,
2018.