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S.B. 75 Enrolled

                 

PUBLIC EDUCATION CURRICULUM AMENDMENTS

                 
2001 GENERAL SESSION

                 
STATE OF UTAH

                 
Sponsor: Bill Wright

                  This act modifies provisions related to the State System of Public Education by providing
                  that the State Board of Education shall approve instructional materials for use in health,
                  physiology, hygiene, and prevention of communicable disease curricula that local school
                  boards may choose to adopt. The act provides local schools with an option of using other
                  instructional materials for the curricula consistent with state law and board rules
                  emphasizing abstinence before marriage and fidelity after marriage.
                  This act affects sections of Utah Code Annotated 1953 as follows:
                  AMENDS:
                      53A-13-101, as last amended by Chapter 10, Laws of Utah 1996, Second Special Session
                  Be it enacted by the Legislature of the state of Utah:
                      Section 1. Section 53A-13-101 is amended to read:
                       53A-13-101. Instruction in health -- Parental consent requirements -- Character
                  habits -- Conduct and speech of school employees and volunteers -- Political and religious
                  doctrine prohibited.
                      (1) (a) The State Board of Education shall establish curriculum requirements under Section
                  53A-1-402 , that include instruction in:
                      (i) community and personal health;
                      (ii) physiology;
                      (iii) personal hygiene; and
                      (iv) prevention of communicable disease.
                      (b) (i) That instruction shall stress:
                      (A) the importance of abstinence from all sexual activity before marriage and fidelity after
                  marriage as methods for preventing certain communicable diseases[.]; and
                      (B) personal skills that encourage individual choice of abstinence and fidelity.
                      (ii) (A) At no time may instruction be provided, including responses to spontaneous


                  questions raised by students, regarding any means or methods that facilitate or encourage the
                  violation of any state or federal criminal law by a minor or an adult.
                      (B) Subsection (1)(b)(ii)(A) does not preclude an instructor from responding to a
                  spontaneous question as long as the response is consistent with the provisions of this section.
                      (c) (i) The board shall approve instructional materials for use in the curricula required under
                  Subsection (1)(a) upon recommendation of the State Textbook Commission or its successor.
                      (ii) A local school board may choose to adopt:
                      (A) the instructional materials approved under Subsection (1)(c)(i); or
                      (B) other instructional materials as provided in state board rule.
                      (iii) The state board rule made under Subsection (1)(c)(ii)(B) shall include, at a minimum:
                      (A) that the materials adopted by a local school board under Subsection (1)(c)(ii)(B) shall
                  be based upon recommendations of the school district's Curriculum Materials Review Committee
                  that comply with state law and state board rules emphasizing abstinence before marriage and fidelity
                  after marriage, and prohibiting instruction in:
                      (I) the intricacies of intercourse, sexual stimulation, or erotic behavior;
                      (II) the advocacy of homosexuality;
                      (III) the advocacy or encouragement of the use of contraceptive methods or devices; or
                      (IV) the advocacy of sexual activity outside of marriage;
                      (B) that the adoption of instructional materials shall take place in an open and regular
                  meeting of the local school board for which prior notice is given to parents and guardians of students
                  attending schools in the district and an opportunity for them to express their views and opinions on
                  the materials at the meeting;
                      (C) provision for an appeal and review process of the local school board's decision; and
                      (D) provision for a report by the local school board to the State Board of Education of the
                  action taken and the materials adopted by the local school board under Subsections (1)(c)(ii)(B) and
                  (1)(c)(iii).
                      (2) (a) Instruction in the courses described in Subsection (1) shall be consistent and
                  systematic in grades eight through 12.

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                      (b) At the request of the board, the Department of Health shall cooperate with the board in
                  developing programs to provide instruction in those areas.
                      (3) (a) The board shall adopt rules that:
                      (i) provide that the parental consent requirements of Sections 76-7-322 and 76-7-323 are
                  complied with; and
                      (ii) require a student's parent or legal guardian to be notified in advance and have an
                  opportunity to review the information for which parental consent is required under Sections 76-7-322
                  and 76-7-323 .
                      (b) The board shall also provide procedures for disciplinary action for violation of Section
                  76-7-322 or 76-7-323 .
                      (4) Honesty, temperance, morality, courtesy, obedience to law, respect for and an
                  understanding of the Declaration of Independence and the Constitutions of the United States and the
                  state of Utah, Utah history including territorial and preterritorial development to the present, the
                  essentials and benefits of the free enterprise system, respect for parents and home, and the dignity
                  and necessity of honest labor and other skills, habits, and qualities of character which will promote
                  an upright and desirable citizenry and better prepare students for a richer, happier life shall be taught
                  in connection with regular school work.
                      (5) (a) In keeping with the requirements of Subsection (4), and because school employees
                  and volunteers serve as examples to their students, school employees or volunteers acting in their
                  official capacities may not support or encourage criminal conduct by students, teachers, or
                  volunteers.
                      (b) To ensure the effective performance of school personnel, the limitations described in
                  Subsection (5)(a) also apply to school employees or volunteers acting outside of their official
                  capacities if:
                      (i) they knew or should have known that their action could result in a material and
                  substantial interference or disruption in the normal activities of the school; and
                      (ii) that action does result in a material and substantial interference or disruption in the
                  normal activities of the school.

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                      (c) Neither the State Office of Education nor local school districts may provide training of
                  school employees or volunteers that supports or encourages criminal conduct.
                      (d) The State Board of Education shall adopt rules implementing this section.
                      (e) Nothing in this section limits the ability or authority of the State Board of Education and
                  local school boards to enact and enforce rules or take actions that are otherwise lawful, regarding
                  educators', employees', or volunteers' qualifications or behavior evidencing unfitness for duty.
                      (6) Except as provided in Section 53A-13-101.1 , political, atheistic, sectarian, religious, or
                  denominational doctrine may not be taught in the public schools.
                      (7) (a) Local school boards and their employees shall cooperate and share responsibility in
                  carrying out the purposes of this chapter.
                      (b) Each school district shall provide appropriate inservice training for its teachers,
                  counselors, and school administrators to enable them to understand, protect, and properly instruct
                  students in the values and character traits referred to in this section and Sections 53A-13-101.1 ,
                  53A-13-101.2 , 53A-13-101.3 , 53A-13-301 , and 53A-13-302 and distribute appropriate written
                  materials on the values, character traits, and conduct to each individual receiving the inservice
                  training.
                      (c) The written materials shall also be made available to classified employees, students, and
                  parents and guardians of students.
                      (d) In order to assist school districts in providing the inservice training required under
                  Subsection (7)(b), the State Board of Education shall as appropriate, contract with a qualified
                  individual or entity possessing expertise in the areas referred to in Subsection (7)(b) to develop and
                  disseminate model teacher inservice programs which districts may use to train the individuals
                  referred to in Subsection (7)(b) to effectively teach the values and qualities of character referenced
                  in that subsection.
                      (e) In accordance with the provisions of Subsection (5)(c), inservice training may not support
                  or encourage criminal conduct.
                      (8) If any one or more provision, subsection, sentence, clause, phrase, or word of this section,
                  or the application thereof to any person or circumstance, is found to be unconstitutional, the balance

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                  of this section shall be given effect without the invalid provision, subsection, sentence, clause,
                  phrase, or word.

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