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-