Text: SF42            Text: SF44
Complete Bill History


Senate File 43

SENATE FILE BY APPEL, BOLKCOM, HATCH, DVORSKY, McCOY, CONNOLLY, and DOTZLER Passed Senate, Date Passed House, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act relating to human growth and development and health 2 education under the education standards, authorizing school 3 districts and nonpublic schools to provide comprehensive 4 sexual health education, and establishing related duties for 5 the director of the department of education. 6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 7 TLSB 1954SS 82 8 kh/gg/14 PAG LIN 1 1 Section 1. Section 256.9, Code 2007, is amended by adding 1 2 the following new subsection: 1 3 NEW SUBSECTION. 40. Prepare and make available to school 1 4 districts and accredited nonpublic schools courses of 1 5 instruction that meet the requirements of section 280.28. The 1 6 director shall set forth standards and criteria for 1 7 professional development related to these courses of 1 8 instruction for school districts, accredited nonpublic 1 9 schools, area education agencies, and practitioner preparation 1 10 programs which encourage cooperative planning and voluntary 1 11 professional development for all school personnel that provide 1 12 health, human growth and development, or family education and 1 13 request the training, through regional planning, joint powers 1 14 agreements, or contract services; and which provide for 1 15 periodic, voluntary, professional development training to 1 16 update school personnel regarding new developments in health, 1 17 human growth and development, or family education. The 1 18 director shall also develop a procedure for evaluating human 1 19 growth and development, health education, and family life 1 20 curricula in each school district and accredited nonpublic 1 21 school offering comprehensive sexual health education in order 1 22 to determine compliance with the provisions of section 280.28. 1 23 Sec. 2. Section 256.11, subsections 3 and 4, Code 2007, 1 24 are amended to read as follows: 1 25 3. The following areas shall be taught in grades one 1 26 through six: English=language arts, social studies, 1 27 mathematics, science, health, age=appropriate and 1 28 science=based human growth and development, physical 1 29 education, traffic safety, music, and visual art. The health 1 30 curriculum shall include the characteristics of communicable 1 31 diseases including acquired immune deficiency syndrome. The 1 32 state board as part of accreditation standards shall adopt 1 33 curriculum definitions for implementing the elementary 1 34 program. 1 35 4. The following shall be taught in grades seven and 2 1 eight: English=language arts; social studies; mathematics; 2 2 science; health; age=appropriate and science=based human 2 3 growth and development, family, consumer, career, and 2 4 technology education; physical education; music; and visual 2 5 art. The health curriculum shall include age=appropriate and 2 6 science=based information regarding the characteristics of 2 7 sexually transmitted diseases and acquired immune deficiency 2 8 syndrome. The state board as part of accreditation standards 2 9 shall adopt curriculum definitions for implementing the 2 10 program in grades seven and eight. However, this subsection 2 11 shall not apply to the teaching of family, consumer, career, 2 12 and technology education in nonpublic schools. 2 13 Sec. 3. Section 256.11, subsection 5, paragraph j, Code 2 14 2007, is amended to read as follows: 2 15 j. One unit of health education which shall include 2 16 personal health; food and nutrition; environmental health; 2 17 safety and survival skills; consumer health; family life; 2 18 age=appropriate and science=based human growth and 2 19 development; substance abuse and nonuse; emotional and social 2 20 health; health resources; and prevention and control of 2 21 disease, including age=appropriate and science=based 2 22 information regarding sexually transmitted diseases, including 2 23 HPV and the availability of a vaccine, and acquired immune 2 24 deficiency syndrome. 2 25 Sec. 4. NEW SECTION. 280.28 SEXUAL HEALTH EDUCATION 2 26 AUTHORIZED. 2 27 1. The board of directors of each school district and the 2 28 authorities in charge of each nonpublic school may provide 2 29 age=appropriate, science=based, comprehensive sexual health 2 30 education as part of the health, human growth and development, 2 31 or family education curriculum taught in accordance with 2 32 section 256.11. 2 33 2. The school district or school may train school 2 34 personnel or contract with consultants who have expertise in 2 35 comprehensive sexual health education to deliver the 3 1 instruction authorized by this section. 3 2 3. Whether taught by school district or school personnel 3 3 or by outside consultants, the comprehensive sexual health 3 4 education provided in accordance with subsection 1 shall meet 3 5 all of the following criteria: 3 6 a. Instruction and materials used shall be age= 3 7 appropriate. 3 8 b. All factual information presented shall be science= 3 9 based and objective. 3 10 c. Instruction for a student who is limited English 3 11 proficient shall be as required pursuant to section 280.4, and 3 12 shall be consistent with the existing curriculum and 3 13 alternative options for a student who is limited English 3 14 proficient. 3 15 d. Instruction and materials shall meet all of the 3 16 following conditions: 3 17 (1) Are appropriate for use with students of all ethnic 3 18 and racial groups, sexual orientations, genders, and physical 3 19 and mental abilities. 3 20 (2) Are accessible to students with disabilities, 3 21 including but not limited to the provision of a modified 3 22 curriculum, materials, and instruction in alternative formats, 3 23 and auxiliary aids. 3 24 (3) Encourage a student to communicate with the student's 3 25 parent or guardian about human sexuality. 3 26 (4) Teach students to recognize unwanted physical and 3 27 verbal sexual advances, not to make unwanted physical and 3 28 verbal sexual advances, and how to effectively reject unwanted 3 29 sexual advances. The instruction and materials shall cover 3 30 verbal, physical, and visual sexual harassment, including 3 31 nonconsensual sexual advances, nonconsensual physical sexual 3 32 contact, and rape by an acquaintance or family member. The 3 33 course information and materials shall emphasize personal 3 34 accountability and respect for others and shall also encourage 3 35 youth to resist peer pressure. 4 1 (5) Teach that it is wrong to take advantage of or exploit 4 2 another person. 4 3 (6) Teach students about counseling, medical, and legal 4 4 resources available to survivors of sexual abuse and sexual 4 5 assault, including resources for escaping violent 4 6 relationships. 4 7 (7) Teach, commencing in grade seven, the following: 4 8 (a) The value of abstinence, that abstinence from sexual 4 9 intercourse is the only certain way to prevent unintended 4 10 pregnancy, that abstinence from sexual activity is the only 4 11 certain way to prevent sexually transmitted diseases, and 4 12 provide science=based information on other methods of 4 13 preventing pregnancy and sexually transmitted diseases and 4 14 HIV. 4 15 (b) About sexually transmitted diseases, including how 4 16 sexually transmitted diseases are and are not transmitted, the 4 17 effectiveness and safety of all federal food and drug 4 18 administration=approved methods of reducing the risk of 4 19 contracting sexually transmitted diseases, and identify local 4 20 resources for testing and medical care for sexually 4 21 transmitted diseases and HIV. 4 22 (c) About HPV as a sexually transmitted disease that can 4 23 lead to cervical cancer, and about the availability of a 4 24 vaccine to prevent HPV. 4 25 (8) Provide, commencing in grade seven, the following: 4 26 (a) Data regarding the effectiveness and safety of all 4 27 federal food and drug administration=approved contraceptive 4 28 methods in preventing pregnancy, including but not limited to 4 29 emergency contraception. 4 30 (b) Students with skills for making and implementing 4 31 responsible decisions about sexuality. 4 32 4. If the board of directors of a school district or the 4 33 authorities in charge of a nonpublic school elect not to 4 34 provide comprehensive sexual health education in accordance 4 35 with subsection 1, the school district or school shall, at the 5 1 beginning of each school year, send a notice to the parent or 5 2 guardian of each student enrolled in the school district or 5 3 school that explains all of the following: 5 4 a. That the state authorizes age=appropriate, 5 5 science=based, comprehensive sexual health education in 5 6 kindergarten through grade twelve. 5 7 b. The criteria for comprehensive sexual health education 5 8 set forth in subsection 3. 5 9 c. That comprehensive sexual health education is not being 5 10 offered to the student. 5 11 5. Each student enrolled in a school district that elects 5 12 to provide comprehensive sexual health education under this 5 13 section shall be required to take comprehensive sexual health 5 14 education instruction unless the parent or guardian files with 5 15 the appropriate principal a written request that the student 5 16 be excused from the instruction. 5 17 6. For purposes of this section and section 256.11, unless 5 18 the context otherwise requires: 5 19 a. "Age=appropriate" means topics, messages, and teaching 5 20 methods suitable to particular ages or age groups of children 5 21 and adolescents, based on developing cognitive, emotional, and 5 22 behavioral capacity typical for the age or age group. 5 23 b. "HIV" means HIV as defined in section 141A.1. 5 24 c. "HPV" means human papilloma viruses as defined by the 5 25 centers for disease control and prevention of the United 5 26 States department of health and human services. 5 27 d. "Science=based" means all of the following: 5 28 (1) Complete information that is verified or supported by 5 29 the weight of research conducted in compliance with accepted 5 30 scientific methods; recognized as accurate and objective by 5 31 leading professional organizations and agencies with relevant 5 32 expertise in the field, such as the American college of 5 33 obstetricians and gynecologists, the American public health 5 34 association, and the American academy of pediatrics; and 5 35 published in peer=reviewed journals where appropriate. 6 1 (2) Information that is free of racial, ethnic, sexual 6 2 orientation, and gender biases. 6 3 EXPLANATION 6 4 This bill requires that the educational program which 6 5 school districts and accredited nonpublic schools provide 6 6 include, in the human growth and development areas and the 6 7 health curriculum or health education unit, age=appropriate 6 8 and science=based information; permits school districts and 6 9 accredited nonpublic schools to offer comprehensive sexual 6 10 health education in kindergarten through grade 12; and 6 11 requires the director of the department of education to 6 12 prepare and make available to school districts and accredited 6 13 nonpublic schools courses of instruction in comprehensive 6 14 sexual health education, and to set forth standards and 6 15 criteria for professional development which education 6 16 institutions may use in preparing practitioners to teach 6 17 comprehensive sexual health education. 6 18 The bill specifies that the standards and criteria for 6 19 professional development set forth by the director must 6 20 encourage cooperative planning and voluntary professional 6 21 development for all school personnel that provide health, 6 22 human growth and development, or family education, and request 6 23 the training; and provide for periodic, voluntary, 6 24 professional development training to update school personnel 6 25 regarding new developments in health, human growth and 6 26 development, or family education. The director is also 6 27 required to develop a procedure for evaluating human growth 6 28 and development education, health education, and family life 6 29 curricula in each school district and accredited nonpublic 6 30 school offering comprehensive sexual health education. 6 31 The bill authorizes school districts and accredited 6 32 nonpublic schools to provide age=appropriate, science=based, 6 33 comprehensive sexual health education as part of the health, 6 34 human growth and development, or family education curriculum 6 35 under the educational standards in kindergarten through grade 7 1 12, and permits the school districts and schools to train 7 2 school personnel or contract with consultants to deliver the 7 3 instruction. However, the bill establishes criteria for the 7 4 information and materials that schools must adhere to when 7 5 providing the instruction. A student enrolled in a school 7 6 district is required to take the instruction unless the 7 7 student's parent or guardian files with the principal a 7 8 written request to excuse the student from the instruction. 7 9 If a school district or nonpublic school elects not to 7 10 provide comprehensive sexual health education as set forth in 7 11 the bill, the school district or school must, at the beginning 7 12 of each school year, send a notice to the parent or guardian 7 13 of each student enrolled in the school district or school that 7 14 explains that the state authorizes comprehensive sexual health 7 15 education, the criteria for comprehensive sexual health 7 16 education, and that comprehensive sexual health education is 7 17 not being offered to the student. 7 18 LSB 1954SS 82 7 19 kh:nh/gg/14
Text: SF42            Text: SF44 Complete Bill History