HB4007 101ST GENERAL ASSEMBLY

101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020
HB4007

Introduced , by Rep. Maurice A. West, II

SYNOPSIS AS INTRODUCED:

105 ILCS 5/27-9.1 from Ch. 122, par. 27-9.1

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.

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FISCAL NOTE ACT MAY APPLY

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

A BILL FOR

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1 AN ACT concerning education.

2 Be it enacted by the People of the State of Illinois,

3 represented in the General Assembly:

4 Section 5. The School Code is amended by changing Section

5 27-9.1 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

10 use with a particular demographic, ethnic, linguistic, or

11 cultural group.

12 "Age appropriate" means suitable to particular ages or age

13 groups of children and adolescents, based on the developing

14 cognitive, emotional, and behavioral capacity typical for the

15 age or age group.

16 "Evidence-based program" means a program for which

17 systematic, empirical research or evaluation has provided

18 evidence of effectiveness.

19 "Medically accurate" means verified or supported by the

20 weight of research conducted in compliance with accepted

21 scientific methods and published in peer-reviewed journals, if

22 applicable, or comprising information recognized as accurate,

23 objective, and complete.

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1 "Sexting" means the act of sending, sharing, receiving, or

2 forwarding a sexually explicit or sexually suggestive image,

3 video, or text message by a digital or electronic device,

4 including, but not limited to, a mobile or cellular telephone

5 or a computer.

6 (a-5) No pupil shall be required to take or participate in

7 any class or course in comprehensive sex education if his

8 parent or guardian submits written objection thereto, and

9 refusal to take or participate in such course or program shall

10 not be reason for suspension or expulsion of such pupil. Each

11 class or course in comprehensive sex education offered in any

12 of grades 6 through 12 shall include instruction on both

13 abstinence and contraception for the prevention of pregnancy

14 and sexually transmitted diseases, including HIV/AIDS. Nothing

15 in this Section prohibits instruction in sanitation, hygiene or

16 traditional courses in biology.

17 (b) All public school classes that teach sex education and

18 discuss sexual intercourse in grades 6 through 12 shall

19 emphasize that abstinence from sexual intercourse is a

20 responsible and positive decision and is the only protection

21 that is 100% effective against unwanted teenage pregnancy,

22 sexually transmitted diseases, and acquired immune deficiency

23 syndrome (AIDS) when transmitted sexually.

24 (c) All classes that teach sex education and discuss sexual

25 intercourse in grades 6 through 12 shall satisfy the following

26 criteria:

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1 (1) Course material and instruction shall be

2 developmentally and age appropriate, medically accurate,

3 and complete.

4 (1.5) Course material and instruction shall replicate

5 evidence-based programs or substantially incorporate

6 elements of evidence-based programs.

7 (2) Course material and instruction shall teach honor

8 and respect for monogamous heterosexual marriage.

9 (3) Course material and instruction shall place

10 substantial emphasis on both abstinence, including

11 abstinence until marriage, and contraception for the

12 prevention of pregnancy and sexually transmitted diseases

13 among youth and shall stress that abstinence is the ensured

14 method of avoiding unintended pregnancy, sexually

15 transmitted diseases, and HIV/AIDS.

16 (4) Course material and instruction shall include a

17 discussion of the possible emotional and psychological

18 consequences of preadolescent and adolescent sexual

19 intercourse and the consequences of unwanted adolescent

20 pregnancy.

21 (5) Course material and instruction shall stress that

22 sexually transmitted diseases are serious possible hazards

23 of sexual intercourse. Pupils shall be provided with

24 statistics based on the latest medical information citing

25 the failure and success rates of condoms in preventing AIDS

26 and other sexually transmitted diseases.

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1 (6) Course material and instruction shall advise

2 pupils of the laws pertaining to their financial

3 responsibility to children born in and out of wedlock.

4 (7) Course material and instruction shall advise

5 pupils of the circumstances under which it is unlawful for

6 a person to have sexual relations with an individual who is

7 under the age of 17 and for a person who is in a position of

8 trust, authority, or supervision to have sexual relations

9 with an individual who is under the age of 18 pursuant to

10 Article 11 of the Criminal Code of 2012.

11 (8) Course material and instruction shall teach pupils

12 to not make unwanted physical and verbal sexual advances

13 and how to say no to unwanted sexual advances. Pupils shall

14 be taught that it is wrong to take advantage of or to

15 exploit another person. The material and instruction shall

16 also encourage youth to resist negative peer pressure. The

17 material and instruction shall include discussion on what

18 may be considered sexual harassment or sexual assault.

19 (9) (Blank).

20 (10) Course material and instruction shall teach

21 pupils about the dangers associated with drug and alcohol

22 consumption during pregnancy.

23 (11) Course material and instruction must include an

24 age-appropriate discussion on the meaning of consent that

25 includes discussion on recognizing all of the following:

26 (A) That consent is a freely given agreement to

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1 sexual activity.

2 (B) That consent to one particular sexual activity

3 does not constitute consent to other types of sexual

4 activities.

5 (C) That a person's lack of verbal or physical

6 resistance or submission resulting from the use or

7 threat of force does not constitute consent.

8 (D) That a person's manner of dress does not

9 constitute consent.

10 (E) That a person's consent to past sexual activity

11 does not constitute consent to future sexual activity.

12 (F) That a person's consent to engage in sexual

13 activity with one person does not constitute consent to

14 engage in sexual activity with another person.

15 (G) That a person can withdraw consent at any time.

16 (H) That a person cannot consent to sexual activity

17 if that person is unable to understand the nature of

18 the activity or give knowing consent due to certain

19 circumstances that include, but are not limited to, (i)

20 the person is incapacitated due to the use or influence

21 of alcohol or drugs, (ii) the person is asleep or

22 unconscious, (iii) the person is a minor, or (iv) the

23 person is incapacitated due to a mental disability.

24 (12) Course material and instruction shall include an

25 age-appropriate discussion about sexting. The discussion

26 about sexting must include an exploration of all of the

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1 following areas:

2 (A) The possible consequences of sharing or

3 forwarding sexually explicit or sexually suggestive

4 photographs or images, videos, or text messages.

5 (B) The identification of situations in which

6 bullying or harassment may result as a consequence of

7 sexting.

8 (C) The possible long-term legal, social,

9 academic, and other consequences that may result from

10 possessing sexual content.

11 (D) The importance of using the Internet safely and

12 how sexting may pose a risk on the Internet.

13 (E) The identification of individuals in school,

14 such as a teacher, school social worker, or counselor,

15 or in the community, such as a police officer or

16 community leader, who may be contacted for assistance

17 with issues, concerns, or problems.

18 (F) The development of strategies for resisting

19 peer pressure and for communicating in a positive

20 manner.

21 (d) An opportunity shall be afforded to individuals,

22 including parents or guardians, to examine the instructional

23 materials to be used in such class or course.

24 (e) The State Board of Education shall make available

25 resource materials, with the cooperation and input of the

26 agency that administers grant programs consistent with

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1 criteria (1) and (1.5) of subsection (c) of this Section, for

2 educating children regarding sex education and may take into

3 consideration the curriculum on this subject developed by other

4 states, as well as any other curricular materials suggested by

5 education experts and other groups that work on sex education

6 issues. Materials may include without limitation model sex

7 education curriculums and sexual health education programs.

8 The State Board of Education shall make these resource

9 materials available on its Internet website. School districts

10 that do not currently provide sex education are not required to

11 teach sex education. If a sex education class or course is

12 offered in any of grades 6 through 12, the school district may

13 choose and adapt the developmentally and age-appropriate,

14 medically accurate, evidence-based, and complete sex education

15 curriculum that meets the specific needs of its community.

16 (Source: P.A. 100-684, eff. 8-3-18; 101-579, eff. 1-1-20.)

17 Section 99. Effective date. This Act takes effect upon

18 becoming law.