House Amendment 1245 PAG LIN 1 1 Amend the amendment, H=1223, to House File 816 as 1 2 follows: 1 3 #1. Page 3, by inserting after line 16 the 1 4 following: 1 5 <# . Page 27, by inserting after line 20 the 1 6 following: 1 7 <Sec. . Section 256.9, Code 2005, is amended by 1 8 adding the following new subsection: 1 9 NEW SUBSECTION. 53. Prepare and make available to 1 10 school districts and accredited nonpublic schools 1 11 courses of instruction that meet the requirements of 1 12 section 280.28. The director shall set forth 1 13 standards and criteria for professional development 1 14 related to these courses of instruction for school 1 15 districts, accredited nonpublic schools, area 1 16 education agencies, and practitioner preparation 1 17 programs which encourage cooperative planning and 1 18 voluntary professional development for all school 1 19 personnel that provide health, human growth and 1 20 development, or family education and request the 1 21 training, through regional planning, joint powers 1 22 agreements, or contract services; and which provide 1 23 for periodic, voluntary, professional development 1 24 training to update school personnel regarding new 1 25 developments in health, human growth and development, 1 26 or family education. The director shall also develop 1 27 a procedure for evaluating human growth and 1 28 development, health education, and family life 1 29 curricula in each school district and accredited 1 30 nonpublic school offering comprehensive sexual health 1 31 education in order to determine compliance with the 1 32 provisions of section 280.28. 1 33 Sec. . Section 256.11, subsections 3 and 4, 1 34 Code 2005, are amended to read as follows: 1 35 3. The following areas shall be taught in grades 1 36 one through six: English=language arts, social 1 37 studies, mathematics, science, health, age=appropriate 1 38 and science=based human growth and development, 1 39 physical education, traffic safety, music, and visual 1 40 art. The health curriculum shall include the 1 41 characteristics of communicable diseases including 1 42 acquired immune deficiency syndrome. The state board 1 43 as part of accreditation standards shall adopt 1 44 curriculum definitions for implementing the elementary 1 45 program. 1 46 4. The following shall be taught in grades seven 1 47 and eight: English=language arts; social studies; 1 48 mathematics; science; health; age=appropriate and 1 49 science=based human growth and development, family, 1 50 consumer, career, and technology education; physical 2 1 education; music; and visual art. The health 2 2 curriculum shall include age=appropriate and science= 2 3 based information regarding the characteristics of 2 4 sexually transmitted diseases and acquired immune 2 5 deficiency syndrome. The state board as part of 2 6 accreditation standards shall adopt curriculum 2 7 definitions for implementing the program in grades 2 8 seven and eight. However, this subsection shall not 2 9 apply to the teaching of family, consumer, career, and 2 10 technology education in nonpublic schools. 2 11 Sec. . Section 256.11, subsection 5, paragraph 2 12 j, Code 2005, is amended to read as follows: 2 13 j. One unit of health education which shall 2 14 include personal health; food and nutrition; 2 15 environmental health; safety and survival skills; 2 16 consumer health; family life; age=appropriate and 2 17 science=based human growth and development; substance 2 18 abuse and nonuse; emotional and social health; health 2 19 resources; and prevention and control of disease, 2 20 including age=appropriate and science=based 2 21 information regarding sexually transmitted diseases 2 22 and acquired immune deficiency syndrome.>> 2 23 #2. Page 4, by inserting after line 28 the 2 24 following: 2 25 <# . Page 28, by inserting before line 26 the 2 26 following: 2 27 <Sec. . NEW SECTION. 280.28 SEXUAL HEALTH 2 28 EDUCATION AUTHORIZED. 2 29 1. The board of directors of each school district 2 30 and the authorities in charge of each nonpublic school 2 31 may provide age=appropriate, comprehensive sexual 2 32 health education as part of the health, human growth 2 33 and development, or family education curriculum taught 2 34 in accordance with section 256.11. 2 35 2. The school district or school may train school 2 36 personnel or contract with consultants who have 2 37 expertise in comprehensive sexual health education to 2 38 deliver the instruction authorized by this section. 2 39 3. Whether taught by school district or school 2 40 personnel or by outside consultants, the comprehensive 2 41 sexual health education provided in accordance with 2 42 subsection 1 shall meet all of the following criteria: 2 43 a. Instruction and materials used shall be age= 2 44 appropriate. 2 45 b. All factual information presented shall be 2 46 science=based and objective. 2 47 c. Instruction for a student who is limited 2 48 English proficient shall be as required pursuant to 2 49 section 280.4, and shall be consistent with the 2 50 existing curriculum and alternative options for a 3 1 student who is limited English proficient. 3 2 d. Instruction and materials shall meet all of the 3 3 following conditions: 3 4 (1) Are appropriate for use with students of all 3 5 ethnic and racial groups, sexual orientations, 3 6 genders, and physical and mental abilities. 3 7 (2) Are accessible to students with disabilities, 3 8 including but not limited to, the provision of a 3 9 modified curriculum, materials, and instruction in 3 10 alternative formats, and auxiliary aids. 3 11 (3) Encourage a student to communicate with the 3 12 student's parent or guardian about human sexuality. 3 13 (4) Teach students to recognize unwanted physical 3 14 and verbal sexual advances, not to make unwanted 3 15 physical and verbal sexual advances, and how to 3 16 effectively reject unwanted sexual advances. The 3 17 instruction and materials shall cover verbal, 3 18 physical, and visual sexual harassment, including 3 19 nonconsensual sexual advances, nonconsensual physical 3 20 sexual contact, and rape by an acquaintance or family 3 21 member. The course information and materials shall 3 22 emphasize personal accountability and respect for 3 23 others and shall also encourage youth to resist peer 3 24 pressure. 3 25 (5) Teach that it is wrong to take advantage of or 3 26 exploit another person. 3 27 (6) Teach students about counseling, medical, and 3 28 legal resources available to survivors of sexual abuse 3 29 and sexual assault, including resources for escaping 3 30 violent relationships. 3 31 (7) Teach, commencing in grade seven, the value of 3 32 abstinence, that abstinence from sexual intercourse is 3 33 the only certain way to prevent unintended pregnancy, 3 34 that abstinence from sexual activity is the only 3 35 certain way to prevent sexually transmitted diseases, 3 36 and provide science=based information on other methods 3 37 of preventing pregnancy and sexually transmitted 3 38 diseases and HIV. 3 39 (8) Teach, commencing in grade seven, about 3 40 sexually transmitted diseases, including how sexually 3 41 transmitted diseases are and are not transmitted, the 3 42 effectiveness and safety of all federal food and drug 3 43 administration=approved methods of reducing the risk 3 44 of contracting sexually transmitted diseases, and 3 45 identify local resources for testing and medical care 3 46 for sexually transmitted diseases and HIV. 3 47 (9) Provide, commencing in grade seven, data 3 48 regarding the effectiveness and safety of all federal 3 49 food and drug administration=approved contraceptive 3 50 methods in preventing pregnancy, including but not 4 1 limited to, emergency contraception. 4 2 (10) Provide, commencing in grade seven, students 4 3 with skills for making and implementing responsible 4 4 decisions about sexuality. 4 5 4. If the board of directors of a school district 4 6 or the authorities in charge of a nonpublic school 4 7 elect not to provide comprehensive sexual health 4 8 education in accordance with subsection 1, the school 4 9 district or school shall, at the beginning of each 4 10 school year, send a notice to the parent or guardian 4 11 of each student enrolled in the school district or 4 12 school that explains all of the following: 4 13 a. That the state authorizes age=appropriate, 4 14 comprehensive sexual health education in kindergarten 4 15 through grade twelve. 4 16 b. The criteria for comprehensive sexual health 4 17 education set forth in subsection 3. 4 18 c. That comprehensive sexual health education is 4 19 not being offered to the student. 4 20 5. A pupil shall not be required to take 4 21 comprehensive sexual health education instruction if 4 22 the parent or guardian files with the appropriate 4 23 principal a written request that the pupil be excused 4 24 from the instruction. 4 25 6. For purposes of this section and section 4 26 256.11, unless the context otherwise requires: 4 27 a. "Age=appropriate" means topics, messages, and 4 28 teaching methods suitable to particular ages or age 4 29 groups of children and adolescents, based on 4 30 developing cognitive, emotional, and behavioral 4 31 capacity typical for the age or age group. 4 32 b. "HIV" means HIV as defined in section 141A.1. 4 33 c. "Science=based" means all of the following: 4 34 (1) Complete information that is verified or 4 35 supported by the weight of research conducted in 4 36 compliance with accepted scientific methods; 4 37 recognized as accurate and objective by leading 4 38 professional organizations and agencies with relevant 4 39 expertise in the field, such as the American college 4 40 of obstetricians and gynecologists, the American 4 41 public health association, and the American academy of 4 42 pediatrics; and published in peer=reviewed journals 4 43 where appropriate. 4 44 (2) Information that is free of racial, ethnic, 4 45 sexual orientation, and gender biases.>> 4 46 4 47 4 48 4 49 MASCHER of Johnson 4 50 HF 816.717 81 5 1 kh/gg/2366 -1-