Complete Bill History



House File 611       

                            AN ACT
RELATING TO HUMAN GROWTH AND DEVELOPMENT AND HEALTH EDUCATION
   UNDER THE EDUCATIONAL STANDARDS, REQUIRING SCHOOL
   DISTRICTS TO PROVIDE CURRICULAR INFORMATION TO AGENCIES
   AND ORGANIZATIONS UPON REQUEST, AND PROVIDING RELATED
   DUTIES FOR THE DIRECTOR OF THE DEPARTMENT OF EDUCATION.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

   Section 1.  Section 256.9, subsection 54, Code 2007, is
amended to read as follows:
   54.  a.  Develop and make available to school districts,
examples of age=appropriate and research=based materials and
lists of resources which parents may use to teach their
children to recognize unwanted physical and verbal sexual
advances, to not make unwanted physical and verbal sexual
advances, to effectively reject unwanted sexual advances, that
it is wrong to take advantage of or exploit another person,
about the dangers of sexual exploitation by means of the
internet including specific strategies to help students
protect themselves and their personally identifiable
information from such exploitation, and about counseling,
medical, and legal resources available to survivors of sexual
abuse and sexual assault, including resources for escaping
violent relationships.  The materials and resources shall
cover verbal, physical, and visual sexual harassment,
including nonconsensual sexual advances, and nonconsensual
physical sexual contact.  In developing the materials and
resource list, the director shall consult with entities that
shall include, but not be limited to, the departments of human
services, public health, and public safety, education
stakeholders, and parent=teacher organizations.  School
districts shall provide age=appropriate and research=based
materials and a list of available community and web=based
resources to parents at registration and shall also include
the age=appropriate and research=based materials and resource
list in the student handbook.  School districts are encouraged
to work with their communities to provide voluntary parent
education sessions to provide parents with the skills and
appropriate strategies to teach their children as described in
this subsection.  School districts shall incorporate the
age=appropriate and research=based materials into relevant
curricula and shall reinforce the importance of preventive
measures when reasonable with parents and students.
   b.  Make available scientifically based research studies in
the area of health and wellness literacy for use by school
districts and nonpublic schools in educating students.  The
content shall include but not be limited to research on
instructional materials and teaching strategies that have
proven effective in teaching students the knowledge and skills
included in paragraph "a" and section 256.11.  School
districts are encouraged to incorporate as much of this
material as practical.
   Sec. 2.  Section 256.11, subsections 3 and 4, Code 2007,
are amended to read as follows:
   3.  The following areas shall be taught in grades one
through six:  English=language arts, social studies,
mathematics, science, health, age=appropriate and
research=based human growth and development, physical
education, traffic safety, music, and visual art.  The health
curriculum shall include the characteristics of communicable
diseases including acquired immune deficiency syndrome.  The
state board as part of accreditation standards shall adopt
curriculum definitions for implementing the elementary
program.
   4.  The following shall be taught in grades seven and
eight:  English=language arts; social studies; mathematics;
science; health; age=appropriate and research=based human
growth and development, family, consumer, career, and
technology education; physical education; music; and visual
art.  The health curriculum shall include age=appropriate and
research=based information regarding the characteristics of
sexually transmitted diseases, including HPV and the
availability of a vaccine to prevent HPV, and acquired immune
deficiency syndrome.  The state board as part of accreditation
standards shall adopt curriculum definitions for implementing
the program in grades seven and eight.  However, this
subsection shall not apply to the teaching of family,
consumer, career, and technology education in nonpublic
schools.  For purposes of this section, "age=appropriate",
"HPV", and "research=based" mean the same as defined in
section 279.50.
   Sec. 3.  Section 256.11, subsection 5, paragraph j, Code
2007, is amended to read as follows:
   j.  One unit of health education which shall include
personal health; food and nutrition; environmental health;
safety and survival skills; consumer health; family life;
age=appropriate and research=based human growth and
development; substance abuse and nonuse; emotional and social
health; health resources; and prevention and control of
disease, including age=appropriate and research=based
information regarding sexually transmitted diseases, including
HPV and the availability of a vaccine to prevent HPV, and
acquired immune deficiency syndrome.
   Sec. 4.  Section 279.50, Code 2007, is amended to read as
follows:
   279.50  HUMAN GROWTH AND DEVELOPMENT INSTRUCTION.
   1.  Each school board shall provide instruction in
kindergarten which gives attention to experiences relating to
life skills and human growth and development as required in
section 256.11.  School districts shall use research provided
in section 256.9, subsection 54, paragraph "b", to evaluate
and upgrade their instructional materials and teaching
strategies for human growth and development.
   2.  Each school board shall provide age=appropriate and
research=based instruction in human growth and development
including instruction regarding human sexuality, self=esteem,
stress management, interpersonal relationships, domestic
abuse, HPV and the availability of a vaccine to prevent HPV,
and acquired immune deficiency syndrome as required in section
256.11, in grades one through twelve.
   3.  Each school board shall annually provide to a parent or
guardian of any pupil enrolled in the school district,
information about the human growth and development curriculum
used in the pupil's grade level and the procedure for
inspecting the instructional materials prior to their use in
the classroom.
   4.  Each school district shall, upon request by any agency
or organization, provide information about the human growth
and development curriculum used in each grade level and the
procedure for inspecting and updating the instructional
materials.
   5.  A pupil shall not be required to take instruction in
human growth and development if the pupil's parent or guardian
files with the appropriate principal a written request that
the pupil be excused from the instruction.  Notification that
the written request may be made shall be included in the
information provided by the school district.
   6.  Each school board or community college which offers
general adult education classes or courses shall periodically
offer an instructional program in parenting skills and in
human growth and development for parents, guardians,
prospective biological and adoptive parents, and foster
parents.
   2.  7.  Each area education agency shall periodically offer
a staff development program for teachers who provide
instruction in human growth and development.
   3.  8.  The department of education shall identify and
disseminate information about early intervention programs for
students who are at the greatest risk of suffering from the
problem of dropping out of school, substance abuse, adolescent
pregnancy, or suicide.
   9.  For purposes of this section and sections 256.9 and
256.11, unless the context otherwise requires:
   a.  "Age=appropriate" means topics, messages, and teaching
methods suitable to particular ages or age groups of children
and adolescents, based on developing cognitive, emotional, and
behavioral capacity typical for the age or age group.
   b.  "HIV" means HIV as defined in section 141A.1.
   c.  "HPV" means human papilloma virus as defined by the
centers for disease control and prevention of the United
States department of health and human services.
   d.  "Research=based" means all of the following:
   (1)  Complete information that is verified or supported by
the weight of research conducted in compliance with accepted
scientific methods; recognized as medically accurate and
objective by leading professional organizations and agencies
with relevant expertise in the field, such as the American
college of obstetricians and gynecologists, the American
public health association, the American academy of pediatrics,
and the national association of school nurses; and published
in peer=reviewed journals where appropriate.
   (2)  Information that is free of racial, ethnic, sexual
orientation, and gender biases.
   10.  To the extent not inconsistent with this section and
section 256.11, an accredited nonpublic school may also choose
curriculum in accordance with doctrinal teachings for the
human sexuality component of the human growth and development
requirements of this section and section 256.11.
   11.  Nothing in this section or section 256.11 shall be
construed to prohibit a school or school district from
developing and making available abstinence=based or
abstinence=only materials pursuant to the requirements of
section 256.9, subsection 54, and from offering an
abstinence=based or abstinence=only curriculum in meeting the
human sexuality component of the human growth and development
requirements of this section and section 256.11.


                                                            
                              PATRICK J. MURPHY
                              Speaker of the House


                                                            
                              JOHN P. KIBBIE
                              President of the Senate

   I hereby certify that this bill originated in the House and
is known as House File 611, Eighty=second General Assembly.


                                                            
                              MARK BRANDSGARD
                              Chief Clerk of the House
Approved                , 2007


                           
CHESTER J. CULVER
Governor