Download Zipped Introduced WordPerfect SB0054.ZIP
[Status][Bill Documents][Fiscal Note][Bills Directory]
7 LONG TITLE
8 General Description:
9 This bill modifies provisions relating to health courses taught in public schools.
10 Highlighted Provisions:
11 This bill:
12 . directs the State Board of Education to:
13 . establish curriculum requirements that include instruction in human
14 development, healthy relationships, and reproductive health, including a general
15 discussion of contraception with its benefits and limitations; and
16 . select instructional materials for use in a general discussion of contraception
17 with its benefits and limitations;
18 . imposes restrictions relating to health instruction;
19 . requires that instructional materials for health instruction provide opportunities for
20 interaction between a student and the student's parent or guardian; and
21 . makes technical amendments.
22 Monies Appropriated in this Bill:
24 Other Special Clauses:
26 Utah Code Sections Affected:
28 53A-13-101, as last amended by Laws of Utah 2004, Chapter 196
29 53A-13-101.1, as enacted by Laws of Utah 1993, Chapter 95
31 53A-13-109.5, Utah Code Annotated 1953
32 53A-13-111, Utah Code Annotated 1953
34 Be it enacted by the Legislature of the state of Utah:
35 Section 1. Section 53A-13-101 is amended to read:
36 53A-13-101. Instruction in health -- Parental consent requirements.
37 (1) [
38 Section 53A-1-402 , that include instruction in:
44 (e) human development, healthy relationships, and reproductive health, including a
45 general discussion of contraception with its benefits and limitations.
46 (2) Instruction provided under Subsection (1) shall stress:
47 (a) that parents and legal guardians have the primary responsibility for instructing
48 children about the items described in Subsection (1);
50 fidelity after marriage as methods for preventing certain communicable diseases; and
52 (3) Instruction provided under Subsection (1) may not include:
53 (a) instruction in the intricacies of intercourse, sexual stimulation, or erotic behavior;
54 (b) the advocacy of homosexuality;
55 (c) the distribution of contraceptive devices;
56 (d) explicit demonstrations of contraceptive devices; or
57 (e) the advocacy of sexual activity outside of marriage.
59 spontaneous questions raised by students, regarding any means or methods that facilitate or
60 encourage the violation of any state or federal criminal law by a minor or an adult.
62 responding to a spontaneous question as long as the response is consistent with the provisions
63 of this section.
65 Education shall recommend instructional materials for use in the curricula required under
66 Subsection (1)[
67 Instructional Materials Commission.
69 school governing board may choose to adopt:
73 include, at a minimum:
75 board under Subsection [
76 school district's or charter school's Curriculum Materials Review Committee [
85 public regular meeting of the local school board [
86 school governing board;
87 (c) that parents and guardians of students attending schools in the school district [
88 or the charter school shall:
89 (i) receive prior notice of the meeting at which the local school board or charter school
90 governing board adopts instructional materials; and
91 (ii) have an opportunity [
92 at the meeting;
94 charter school governing board's decision; and
96 board to the State Board of Education of the action taken and the materials adopted by the local
97 school board or charter school governing board under Subsections [
98 (6)(b) and (7).
99 (8) The State Board of Education shall select instructional materials for use in a general
100 discussion of contraception with its benefits and limitations after considering:
101 (a) evaluations of instructional materials by the State Instructional Materials
102 Commission; and
103 (b) public comment.
104 (9) School districts and charter schools shall use only materials selected pursuant to
105 Subsection (8) when providing instruction relating to contraception.
106 (10) Instructional materials recommended by the State Board of Education under
107 Subsection (5), instructional materials adopted by a local school board or charter school
108 governing board under Subsections (6)(b) and (7), and instructional materials selected by the
109 State Board of Education under Subsection (8) shall:
110 (a) provide opportunities for interaction between a student and the student's parent or
111 legal guardian; and
112 (b) comply with Subsections (2) and (3).
115 (b) At the request of the [
116 shall cooperate with the board in developing programs to provide instruction in those areas.
118 (i) provide [
119 76-7-322 and 76-7-323 [
120 (ii) require a student's parent or legal guardian to be notified in advance and have an
121 opportunity to review the information for which parental consent is required under Sections
122 76-7-322 and 76-7-323 .
123 (b) The [
124 disciplinary action for violation of Section 76-7-322 or 76-7-323 .
167 Section 2. Section 53A-13-101.1 is amended to read:
168 53A-13-101.1. Political and religious doctrine prohibited -- Maintaining
169 constitutional freedom in the public schools.
170 (1) Except as provided in this section, political, atheistic, sectarian, religious, or
171 denominational doctrine may not be taught in public schools.
173 examination of or presentations about religion, political or religious thought or expression, or
174 the influence [
175 literature, law, politics, history, or any other element of the curriculum, including the
176 comparative study of religions, [
177 instructional activity, performance, or display is:
178 (a) designed to achieve secular educational objectives included within the context of a
179 course or activity; and
180 (b) conducted in accordance with applicable rules of the [
182 the local school board or charter school governing board.
184 shall be included within or excluded from public school curricula for the primary reason that it
185 affirms, ignores, or denies religious belief, religious doctrine, a religious sect, or the existence
186 of a spiritual realm or supreme being.
189 promote, or disparage a particular religious, denominational, sectarian, agnostic, or atheistic
190 belief or viewpoint.
191 Section 3. Section 53A-13-109.5 is enacted to read:
192 53A-13-109.5. Conduct and speech of school employees and volunteers.
193 (1) In keeping with the requirements of Section 53A-13-109 , and because school
194 employees and volunteers serve as examples to their students, school employees or volunteers
195 acting in their official capacities may not support or encourage criminal conduct by students,
196 teachers, or volunteers.
197 (2) To ensure the effective performance of school personnel, the limitations described
198 in Subsection (1) also apply to school employees or volunteers acting outside of their official
199 capacities if:
200 (a) they know or should have known that their action could result in a material and
201 substantial interference or disruption in the normal activities of the school; and
202 (b) that action results in a material and substantial interference or disruption in the
203 normal activities of the school.
204 (3) Neither the State Office of Education nor a school district or charter school may
205 provide training of school employees or volunteers that supports or encourages criminal
207 (4) The State Board of Education shall adopt rules implementing this section.
208 (5) Nothing in this section limits the ability or authority of the State Board of
209 Education, a local school board, or charter school governing board to enact and enforce rules or
210 policies or take actions that are otherwise lawful regarding educators', employees', or
211 volunteers' qualifications or behavior evidencing unfitness for duty.
212 (6) If a provision, subsection, sentence, clause, phrase, or word of this section, or the
213 application of it to any person or circumstance, is found to be unconstitutional, the balance of
214 this section shall be given effect without the invalid provision, subsection, sentence, clause,
215 phrase, or word.
216 Section 4. Section 53A-13-111 is enacted to read:
217 53A-13-111. Inservice training in values and character traits.
218 (1) A school district or charter school shall provide appropriate inservice training for
219 its teachers, counselors, and school administrators to enable them to understand, protect, and
220 properly instruct students in the values and character traits referred to in Sections
221 53A-13-101.1 , 53A-13-101.2 , 53A-13-101.3 , 53A-13-109 , 53A-13-301 , and 53A-13-302 and
222 distribute appropriate written materials on the values, character traits, and conduct to each
223 individual receiving the inservice training.
224 (2) The written materials shall also be made available to classified employees, students,
225 and parents and guardians of students.
226 (3) In order to assist school districts and charter schools in providing the inservice
227 training required under Subsection (1), the State Board of Education shall as appropriate,
228 contract with a qualified individual or entity possessing expertise in the areas referred to in
229 Subsection (1) to develop and disseminate model teacher inservice programs which districts
230 may use to train the individuals referred to in Subsection (1) to effectively teach the values and
231 qualities of character referenced in Subsection (1).
232 (4) In accordance with the provisions of Section 53A-13-109.5 , inservice training may
233 not support or encourage criminal conduct.
Legislative Review Note
as of 1-27-10 12:15 PM