Do not implement this administrative procedure if the board does not provide this curriculum. This AP contains only the requirements for the development of the NSES curriculum at 105 ILCS 5/27-9.1a, added by P.A. 102-522. While this law is effective immediately, the Ill. State Board of Education has until 8-1-22 to develop its learning standards and resources and make them available on its website. ISBE must develop its resource materials in consultation with stakeholders, and with the cooperation and input of experts who provide and entities that promote age and developmentally appropriate, medically accurate, complete, culturally appropriate, inclusive, and trauma-informed comprehensive personal health and safety and comprehensive sexual health education public policy. At the time of PRESS Issue 108’s publication, no guidance existed about whether districts could continue to provide the now-repealed family life and sex education programs formerly in 105 ILCS 5/27-9.1 and 9.2.

The District offers an NSES Program based upon 105 ILCS 5/27-9.1a, added by P.A. 102-522. More information about NSES is available at: 

advocatesforyouth.org/resources/health-information/..., and advocatesforyouth.org/wp-content/uploads/2021/08/NS.... 

Comprehensive personal health and safety education means for students in grades K through 5, “age and developmentally appropriate education that aligns with the National Sex Education Standards, including information on consent and healthy relationships, anatomy and physiology, puberty and adolescent sexual development, gender identity and expression, sexual orientation and identity, sexual health, and interpersonal violence.” 

Comprehensive sexual health education means for students in grades 6 through 12, “age and developmentally appropriate education that aligns with the National Sex Education Standards, including information on consent and healthy relationships, anatomy and physiology, puberty and adolescent sexual development, gender identity and expression, sexual orientation and identity, sexual health, and interpersonal violence.” 

Active parent/guardian consent for students to participate in this NSES Program is not required, but a student’s parent/guardian may opt the student out of it by submitting a request in writing pursuant to 6:60-AP1, E1, Notice to Parents/Guardians of Sexual Abuse and Assault Awareness and Prevention Education; Requests to Examine Materials; Written Objection(s) and/or Opt-outs. In grades K through 8, 105 ILCS 5/27-13.2 requires parental notification of sexual abuse prevention instruction and allows a parent to submit a written objection to age-appropriate instruction for recognizing and avoiding sexual abuse, which NSES requires. 

Anyone may review the scope and sequence of instructional materials for the NSES Program classes or courses, either electronically or in person. The NSES Program curriculum, and the name and contact information, including an email address, of District staff members who can respond to inquiries about the NSES Program are annually posted on the District’s Internet website. 

This administrative procedure contains four sections as follows:

1. Glossary of Terms

2. NSES Program Curriculum 

3. Ill. State Board of Education (ISBE) Resource Materials; NSES Program Learning Standards

4. Reporting NSES Program Instruction to ISBE

Glossary of Terms

The current Definitions of 105 ILCS 5/27-9.1a(a) are incorporated here by reference.

Adapt - To modify an evidence-based or evidence-informed NSES Program model for use with a particular demographic, ethnic, linguistic, or cultural group.

Age and developmentally appropriate - 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.

Characteristics of effective NSES Programs - Includes development, content, and implementation of such NSES Programs that (i) have been shown to be effective in terms of increasing knowledge, clarifying values and attitudes, increasing skills, and impacting behavior, (ii) are widely recognized by leading medical and public health agencies to be effective in changing sexual behaviors that lead to sexually transmitted infections, including HIV, unintended pregnancy, interpersonal violence, and sexual violence among young people, and (iii) are taught by professionals who provide a safe learning space, free from shame, stigma, and ideology and are trained in trauma-informed teaching methodologies.

Complete - Information that aligns with the National Sex Education Standards, including information on consent and healthy relationships, anatomy and physiology, puberty and adolescent sexual development, gender identity and expression, sexual orientation and identity, sexual health, and interpersonal violence.

Comprehensive personal health and safety education - See introduction, above. 

Comprehensive sexual health education - See introduction, above. 

Consent - An affirmative, knowing, conscious, ongoing, and voluntary agreement to engage in interpersonal, physical, or sexual activity, which can be revoked at any point, including during the course of interpersonal, physical, or sexual activity.

Culturally appropriate - Affirming culturally diverse individuals, families, and communities in an inclusive, respectful, and effective manner, including materials and instruction that are inclusive of race, ethnicity, language, cultural background, immigration status, religion, disability, gender, gender identity, gender expression, sexual orientation, and sexual behavior.

Evidence-based NSES Program - A Program for which systematic, empirical research or evaluation has provided evidence of effectiveness.

Evidence-informed NSES Program - A Program that uses the best available research and practice knowledge to guide NSES Program design and implementation.

Gender stereotype - A generalized view or preconception about what attributes, characteristics, or roles are or ought to be taught, possessed by, or performed by people based on their gender identity.

Healthy relationships - Relationships between individuals that consist of mutual respect, trust, honesty, support, fairness, equity, separate identities, physical and emotional safety, and good communication.

Identity - People’s understanding of how they identify their sexual orientation, gender, gender identity, or gender expression without stereotypes, shame, or stigma.

Inclusive - Inclusion of marginalized communities that include, but are not limited to, people of color, immigrants, people of diverse sexual orientations, gender identities, and gender expressions, people who are intersex, people with disabilities, people who have experienced interpersonal or sexual violence, and others.

Interpersonal violence - Violent behavior used to establish power and control over another person.

Medically accurate - 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 and objective.

Pre-exposure Prophylaxis (PrEP) - Medications approved by the federal Food and Drug Administration (FDA) and recommended by the United States Public Health Service or the federal Centers for Disease Control and Prevention for HIV pre-exposure prophylaxis and related pre-exposure prophylaxis services, including, but not limited to, HIV and sexually transmitted infection screening, treatment for sexually transmitted infections, medical monitoring, laboratory services, and sexual health counseling, to reduce the likelihood of HIV infection for individuals who are not living with HIV but are vulnerable to HIV exposure.

Post-exposure Prophylaxis (PeP) - Medications that are recommended by the federal Centers for Disease Control and Prevention and other public health authorities to help prevent HIV infection after potential occupational or non-occupational HIV exposure.

Sexual violence - Discrimination, bullying, harassment, including sexual harassment, sexual abuse, sexual assault, intimate partner violence, incest, rape, and human trafficking.

Trauma informed - To address vital information about sexuality and well-being that takes into consideration how adverse life experiences may potentially influence a person’s well-being and decision making.

NSES Program Curriculum

The District may use guest lecturers or resource persons, including outside consultants, community groups, or organizations, to provide instruction or presentations in accordance with 105 ILCS 5/10-22.34b, and their materials may not conflict with the provisions of State law. The District may adapt the age and developmentally appropriate, medically accurate, complete, culturally appropriate, inclusive, and trauma-informed curriculums to meet the specific needs of the community. All course materials and instruction for teaching the NSES Program must be: 

1. Age and developmentally appropriate, medically accurate, complete, culturally appropriate, inclusive, and trauma informed.

2. A replica of an evidence-based or evidence-informed NSES program or substantially incorporate elements of evidence-based NSES programs or evidence-informed NSES programs or characteristics of effective NSES programs.

3. Inclusive and sensitive to the needs of students based on their status as pregnant or parenting, living with STIs, including HIV, sexually active, asexual, or intersex or based on their gender, gender identity, gender expression, sexual orientation, sexual behavior, or disability.

4. Accessible to students with disabilities, which may include the use of a modified curriculum, materials, instruction in alternative formats, assistive technology, and auxiliary aids.

5. Helpful to students for developing self-advocacy skills for effective communication with parents or guardians, health and social service professionals, other trusted adults, and peers about sexual health and relationships.

6. Helpful to students by providing them with information to develop skills for developing healthy relationships and preventing and dealing with interpersonal violence and sexual violence.

7. Helpful to students by providing them with information to safely use the Internet, including social media, dating or relationship websites or applications, and texting.

8. Informative about local resources where students can obtain additional information and confidential services related to parenting, bullying, interpersonal violence, sexual violence, suicide prevention, sexual and reproductive health, mental health, substance abuse, sexual orientation, gender identity, gender expression, and other related issues.

9. Informative about State laws related to minor confidentiality and minor consent, including exceptions, consent education, mandated reporting of child abuse and neglect, the safe relinquishment of a newborn child, minors’ access to confidential health care and related services, school policies addressing the prevention of and response to interpersonal and sexual violence, school breastfeeding accommodations, and school policies addressing the prevention of and response to sexual harassment.

10. Neutral and not reflect or promote bias against any person on the basis of the person’s race, ethnicity, language, cultural background, citizenship, religion, HIV status, family structure, disability, gender, gender identity, gender expression, sexual orientation, or sexual behavior.

11. Prohibitive of employing gender stereotypes.

12. Inclusive of and may not be insensitive or unresponsive to the needs of survivors of interpersonal violence and sexual violence.

13. Neutral and not proselytize any religious doctrine.

14. Informative and not deliberately withhold health-promoting or life-saving information about culturally appropriate health care and services, including reproductive health services, hormone therapy, and FDA-approved treatments and options, including, but not limited to, Pre-exposure Prophylaxis (PrEP) and Post-exposure Prophylaxis (PeP).

15. Consistent with the ethical imperatives of medicine and public health.

Ill. State Board of Education (ISBE) Resource Materials; NSES Program Learning Standards 

Rigorous learning standards for (a) comprehensive personal health and safety education for students in grades kindergarten through 5, and (b) comprehensive sexual health education for students in grades 6 through 12, including, but not limited to, all of the National Sex Education Standards, including information on consent and healthy relationships, anatomy and physiology, puberty and adolescent sexual development, gender identity and expression, sexual orientation and identity, sexual health, and interpersonal violence, as authored by the Future of Sex Education Initiative. As the National Sex Education Standards are updated, ISBE shall update these learning standards. ISBE, in consultation with youth, parents, sexual health and violence prevention experts, health care providers, advocates, and education practitioners, including, but not limited to, administrators, regional superintendents of schools, teachers, and school support personnel, shall develop and adopt rigorous learning standards in the area of comprehensive personal health and safety education for students grades K through 5 and comprehensive sexual health education for pupils in grades 6 through 12, including, but not limited to, all of the NSES, including information on consent and healthy relationships, anatomy and physiology, puberty and adolescent sexual development, gender identity and expression, sexual orientation and identity, sexual health, and interpersonal violence, as authored by the Future of Sex Education Initiative. As the NSES are updated, ISBE must update its learning standards.

Reporting NSES Program Instruction to ISBE

When reporting mechanisms exist, the District will report to ISBE:

1. Whether the District provides this NSES Program;

2. Who provided the instruction: a teacher in the school(s), a consultant, or a community group or organization, along with the name of the outside consultant, community group, or organization;

3. The number of students receiving instruction;

4. The number of students excused from instruction; and

5. The duration of instruction.

ISBE reports the results of this inquiry to the General Assembly annually, for a period of five years beginning on 8-20-22.