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7 LONG TITLE
8 General Description:
9 This bill modifies requirements for health instruction, including human sexuality
11 Highlighted Provisions:
12 This bill:
13 . permits a local school board or charter school governing board to provide human
14 sexuality instruction or instructional programs in accordance with state law and
15 State Board of Education rules;
16 . requires human sexuality instruction or instructional programs to teach and stress:
17 . the importance of abstinence from all sexual activity before marriage and
18 fidelity after marriage as the only sure methods for preventing certain
19 communicable diseases; and
20 . personal skills that encourage individual choice of abstinence and fidelity;
21 . imposes certain restrictions for human sexuality instructional programs;
22 . permits a local school board or charter school governing board to adopt abstinence
23 only instructional materials recommended by:
24 . the State Board of Education; or
25 . the school district's or charter school's curriculum materials review committee;
27 . makes technical changes.
28 Money Appropriated in this Bill:
30 Other Special Clauses:
32 Utah Code Sections Affected:
34 53A-13-101, as last amended by Laws of Utah 2004, Chapter 196
36 Be it enacted by the Legislature of the state of Utah:
37 Section 1. Section 53A-13-101 is amended to read:
38 53A-13-101. Instruction in health -- Parental consent requirements -- Conduct
39 and speech of school employees and volunteers -- Political and religious doctrine
41 (1) As used in this section:
42 (a) "Abstinence only instructional materials" means instructional materials that teach
43 and stress:
44 (i) the importance of abstinence from all sexual activity before marriage and fidelity
45 after marriage as the only sure methods for preventing certain communicable diseases; and
46 (ii) personal skills that encourage individual choice of abstinence and fidelity.
47 (b) "Human sexuality instruction or instructional program" means any course, unit,
48 class, activity, or presentation that provides instruction or information to students about sexual
49 abstinence, human reproduction, reproductive anatomy, reproductive physiology, marriage,
50 childbirth, or parenthood.
52 requirements under Section 53A-1-402 , that include instruction in:
57 (3) (a) (i) A local school board or charter school governing board may, but is not
58 required to, provide human sexuality instruction or instructional programs.
59 (ii) If a local school board or a charter school governing board decides to provide
60 human sexuality instruction or instructional programs, the human sexuality instruction or
61 instructional programs shall be provided in accordance with this section and State Board of
62 Education rules adopted under this section.
63 (b) [
64 teach and stress:
66 fidelity after marriage as the only sure methods for preventing certain communicable diseases;
69 (c) Human sexuality instruction or instructional programs may not include instruction
70 in, the advocacy of, or the discussion of:
71 (i) the intricacies of intercourse, sexual stimulation, or erotic behavior;
72 (ii) homosexuality;
73 (iii) contraceptive methods or devices; or
74 (iv) sexual activity outside of marriage.
76 spontaneous questions raised by students, regarding any means or methods that facilitate or
77 encourage the violation of any state or federal criminal law by a minor or an adult.
79 (ii) An instructor [
80 the response is consistent with the provisions of this section.
82 for use in [
83 instructional programs after considering evaluations of abstinence only instructional materials
84 by the State Instructional Materials Commission.
85 (B) The board may not recommend instructional materials other than abstinence only
86 instructional materials for use in human sexuality instruction or instructional programs.
87 (ii) A local school board or charter school governing board may choose to adopt:
88 (A) the abstinence only instructional materials recommended under Subsection [
89 (3)(e)(i); or
90 (B) other abstinence only instructional materials as provided in state board rule.
91 (iii) The state board rule made under Subsection [
93 (A) that the abstinence only instructional materials adopted by a local school board or
94 charter school governing board under Subsection [
95 recommendations of the school district's or charter school's curriculum materials review
96 committee that comply with [
98 restrictions applicable to human sexuality instruction or instructional programs specified in
99 Subsections (3)(b) and (c);
105 (B) that the adoption of abstinence only instructional materials shall take place in an
106 open and regular meeting of the local school board or charter school governing board for which
107 prior notice is given to parents and guardians of students attending schools in the district and an
108 opportunity for them to express their views and opinions on the materials at the meeting;
109 (C) provision for an appeal and review process of the local school board's or charter
110 school governing board's decision; and
111 (D) provision for a report by the local school board or charter school governing board
112 to the State Board of Education of the action taken and the abstinence only instructional
113 materials adopted by the local school board or charter school governing board under
114 Subsections [
116 consistent and systematic in grades eight through 12.
117 (b) At the request of the [
118 shall cooperate with the board in developing programs to provide instruction in those areas.
120 (i) provide that the parental consent requirements of Sections 76-7-322 and 76-7-323
121 are complied with; and
122 (ii) require a student's parent or legal guardian to be notified in advance and have an
123 opportunity to review the information for which parental consent is required under Sections
124 76-7-322 and 76-7-323 .
125 (b) The [
126 action for violation of Section 76-7-322 or 76-7-323 .
128 school employees and volunteers serve as examples to their students, school employees or
129 volunteers acting in their official capacities may not support or encourage criminal conduct by
130 students, teachers, or volunteers.
131 (b) To ensure the effective performance of school personnel, the limitations described
132 in Subsection [
133 official capacities if:
134 (i) they knew or should have known that their action could result in a material and
135 substantial interference or disruption in the normal activities of the school; and
136 (ii) that action does result in a material and substantial interference or disruption in the
137 normal activities of the school.
138 (c) Neither the State Office of Education [
139 schools may provide training of school employees or volunteers that supports or encourages
140 criminal conduct.
141 (d) The State Board of Education shall adopt rules implementing this section.
142 (e) Nothing in this section limits the ability or authority of the State Board of
143 Education [
144 rules or take actions that are otherwise lawful, regarding educators', employees', or volunteers'
145 qualifications or behavior evidencing unfitness for duty.
147 religious, or denominational doctrine may not be taught in the public schools.
149 shall cooperate and share responsibility in carrying out the purposes of this chapter.
150 (b) Each school district and charter school shall provide appropriate inservice training
151 for its teachers, counselors, and school administrators to enable them to understand, protect,
152 and properly instruct students in the values and character traits referred to in this section and
153 Sections 53A-13-101.1 , 53A-13-101.2 , 53A-13-101.3 , 53A-13-109 , 53A-13-301 , and
154 53A-13-302 and distribute appropriate written materials on the values, character traits, and
155 conduct to each individual receiving the inservice training.
156 (c) The written materials shall also be made available to classified employees, students,
157 and parents and guardians of students.
158 (d) In order to assist school districts in providing the inservice training required under
159 Subsection [
160 qualified individual or entity possessing expertise in the areas referred to in Subsection [
161 (8)(b) to develop and disseminate model teacher inservice programs which districts may use to
162 train the individuals referred to in Subsection [
163 qualities of character referenced in that subsection.
164 (e) In accordance with the provisions of Subsection [
165 not support or encourage criminal conduct.
167 this section, or the application thereof to any person or circumstance, is found to be
168 unconstitutional, the balance of this section shall be given effect without the invalid provision,
169 subsection, sentence, clause, phrase, or word.
Legislative Review Note
as of 2-7-12 8:45 AM
Office of Legislative Research and General Counsel
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