House File 611 - Enrolled

PAG LIN

1	1	HOUSE FILE 611
1	2
1	3	AN ACT
1	4 RELATING TO HUMAN GROWTH AND DEVELOPMENT AND HEALTH EDUCATION
1	5	UNDER THE EDUCATIONAL STANDARDS, REQUIRING SCHOOL
1	6	DISTRICTS TO PROVIDE CURRICULAR INFORMATION TO AGENCIES
1	7	AND ORGANIZATIONS UPON REQUEST, AND PROVIDING RELATED
1	8	DUTIES FOR THE DIRECTOR OF THE DEPARTMENT OF EDUCATION.
1	9
1 10 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 11
1 12	Section 1.	Section 256.9, subsection 54, Code 2007, is
1 13 amended to read as follows:
1 14	54.	a.	Develop and make available to school districts,
1 15 examples of age=appropriate and research=based materials and
1 16 lists of resources which parents may use to teach their
1 17 children to recognize unwanted physical and verbal sexual
1 18 advances, to not make unwanted physical and verbal sexual
1 19 advances, to effectively reject unwanted sexual advances, that
1 20 it is wrong to take advantage of or exploit another person,
1 21 about the dangers of sexual exploitation by means of the
  1 22 internet including specific strategies to help students
  1 23 protect themselves and their personally identifiable
  1 24 information from such exploitation, and about counseling,
1 25 medical, and legal resources available to survivors of sexual
1 26 abuse and sexual assault, including resources for escaping
1 27 violent relationships.	The materials and resources shall
1 28 cover verbal, physical, and visual sexual harassment,
1 29 including nonconsensual sexual advances, and nonconsensual
1 30 physical sexual contact.	In developing the materials and
1 31 resource list, the director shall consult with entities that
1 32 shall include, but not be limited to, the departments of human
1 33 services, public health, and public safety, education
1 34 stakeholders, and parent=teacher organizations.	School
35 districts shall provide age=appropriate and research=based
1 materials and a list of available community and web=based
2	2 resources to parents at registration and shall also include
2	3 the age=appropriate and research=based materials and resource
2	4 list in the student handbook.	School districts are encouraged
2	5 to work with their communities to provide voluntary parent
2	6 education sessions to provide parents with the skills and
2	7 appropriate strategies to teach their children as described in
2	8 this subsection.	School districts shall incorporate the
2	9 age=appropriate and research=based materials into relevant
2 10 curricula and shall reinforce the importance of preventive
2 11 measures when reasonable with parents and students.
2 12	b.  Make available scientifically based research studies in
  2 13 the area of health and wellness literacy for use by school
  2 14 districts and nonpublic schools in educating students.  The
  2 15 content shall include but not be limited to research on
  2 16 instructional materials and teaching strategies that have
  2 17 proven effective in teaching students the knowledge and skills
  2 18 included in paragraph "a" and section 256.11.  School
  2 19 districts are encouraged to incorporate as much of this
  2 20 material as practical.
2 21	Sec. 2.	Section 256.11, subsections 3 and 4, Code 2007,
2 22 are amended to read as follows:
2 23	3.	The following areas shall be taught in grades one
2 24 through six:	English=language arts, social studies,
2 25 mathematics, science, health, age=appropriate and
  2 26 research=based human growth and development, physical
2 27 education, traffic safety, music, and visual art.	The health
2 28 curriculum shall include the characteristics of communicable
2 29 diseases including acquired immune deficiency syndrome.	The
2 30 state board as part of accreditation standards shall adopt
2 31 curriculum definitions for implementing the elementary
2 32 program.
2 33	4.	The following shall be taught in grades seven and
2 34 eight:	English=language arts; social studies; mathematics;
35 science; health; age=appropriate and research=based human
1 growth and development, family, consumer, career, and
3	2 technology education; physical education; music; and visual
3	3 art.	The health curriculum shall include age=appropriate and

  3  4 research=based information regarding the characteristics of
3	5 sexually transmitted diseases, including HPV and the
  3  6 availability of a vaccine to prevent HPV, and acquired immune
3	7 deficiency syndrome.	The state board as part of accreditation
3	8 standards shall adopt curriculum definitions for implementing
3	9 the program in grades seven and eight.	However, this
3 10 subsection shall not apply to the teaching of family,
3 11 consumer, career, and technology education in nonpublic
3 12 schools.	For purposes of this section, "age=appropriate",
  3 13 "HPV", and "research=based" mean the same as defined in
  3 14 section 279.50.
3 15	Sec. 3.	Section 256.11, subsection 5, paragraph j, Code
3 16 2007, is amended to read as follows:
3 17	j.	One unit of health education which shall include
3 18 personal health; food and nutrition; environmental health;
3 19 safety and survival skills; consumer health; family life;
3 20 age=appropriate and research=based human growth and
3 21 development; substance abuse and nonuse; emotional and social
3 22 health; health resources; and prevention and control of
3 23 disease, including age=appropriate and research=based
  3 24 information regarding sexually transmitted diseases, including
  3 25 HPV and the availability of a vaccine to prevent HPV, and
3 26 acquired immune deficiency syndrome.
3 27	Sec. 4.	Section 279.50, Code 2007, is amended to read as
3 28 follows:
3 29	279.50	HUMAN GROWTH AND DEVELOPMENT INSTRUCTION.
3 30	1.	Each school board shall provide instruction in
3 31 kindergarten which gives attention to experiences relating to
3 32 life skills and human growth and development as required in
33 section 256.11.	School districts shall use research provided
  3 34 in section 256.9, subsection 54, paragraph "b", to evaluate
  3 35 and upgrade their instructional materials and teaching
  4  1 strategies for human growth and development.
2	2.	Each school board shall provide age=appropriate and
  4  3 research=based instruction in human growth and development
4	4 including instruction regarding human sexuality, self=esteem,
4	5 stress management, interpersonal relationships, domestic
4	6 abuse, HPV and the availability of a vaccine to prevent HPV,
4	7 and acquired immune deficiency syndrome as required in section
4	8 256.11, in grades one through twelve.
4	9	3.	Each school board shall annually provide to a parent or
4 10 guardian of any pupil enrolled in the school district,
4 11 information about the human growth and development curriculum
4 12 used in the pupil's grade level and the procedure for
4 13 inspecting the instructional materials prior to their use in
4 14 the classroom.
4 15	4.  Each school district shall, upon request by any agency
  4 16 or organization, provide information about the human growth
  4 17 and development curriculum used in each grade level and the
  4 18 procedure for inspecting and updating the instructional
  4 19 materials.
4 20	5.	A pupil shall not be required to take instruction in
4 21 human growth and development if the pupil's parent or guardian
4 22 files with the appropriate principal a written request that
4 23 the pupil be excused from the instruction.	Notification that
4 24 the written request may be made shall be included in the
4 25 information provided by the school district.
4 26	6.	Each school board or community college which offers
4 27 general adult education classes or courses shall periodically
4 28 offer an instructional program in parenting skills and in
4 29 human growth and development for parents, guardians,
4 30 prospective biological and adoptive parents, and foster
4 31 parents.
4 32	2.	7.	Each area education agency shall periodically offer
4 33 a staff development program for teachers who provide
4 34 instruction in human growth and development.
35	3.	8.	The department of education shall identify and
1 disseminate information about early intervention programs for
5	2 students who are at the greatest risk of suffering from the
5	3 problem of dropping out of school, substance abuse, adolescent
5	4 pregnancy, or suicide.
5	5	9.  For purposes of this section and sections 256.9 and
  5  6 256.11, unless the context otherwise requires:
5	7	a.  "Age=appropriate" means topics, messages, and teaching
  5  8 methods suitable to particular ages or age groups of children
  5  9 and adolescents, based on developing cognitive, emotional, and
  5 10 behavioral capacity typical for the age or age group.
5 11	b.  "HIV" means HIV as defined in section 141A.1.
5 12	c.  "HPV" means human papilloma virus as defined by the
  5 13 centers for disease control and prevention of the United
  5 14 States department of health and human services.

5 15	d.  "Research=based" means all of the following:
5 16	(1)  Complete information that is verified or supported by
  5 17 the weight of research conducted in compliance with accepted
  5 18 scientific methods; recognized as medically accurate and
  5 19 objective by leading professional organizations and agencies
  5 20 with relevant expertise in the field, such as the American
  5 21 college of obstetricians and gynecologists, the American
  5 22 public health association, the American academy of pediatrics,
  5 23 and the national association of school nurses; and published
  5 24 in peer=reviewed journals where appropriate.
5 25	(2)  Information that is free of racial, ethnic, sexual
  5 26 orientation, and gender biases.
5 27	10.  To the extent not inconsistent with this section and
  5 28 section 256.11, an accredited nonpublic school may also choose
  5 29 curriculum in accordance with doctrinal teachings for the
  5 30 human sexuality component of the human growth and development
  5 31 requirements of this section and section 256.11.
32	11.  Nothing in this section or section 256.11 shall be
  5 33 construed to prohibit a school or school district from
  5 34 developing and making available abstinence=based or
  5 35 abstinence=only materials pursuant to the requirements of
  6  1 section 256.9, subsection 54, and from offering an
  6  2 abstinence=based or abstinence=only curriculum in meeting the
  6  3 human sexuality component of the human growth and development
  6  4 requirements of this section and section 256.11.
5
6	6
6	7
6	8	PATRICK J. MURPHY
6	9	Speaker of the House
6 10
6 11
6 12
6 13	JOHN P. KIBBIE
6 14	President of the Senate
6 15
6 16	I hereby certify that this bill originated in the House and
6 17 is known as House File 611, Eighty=second General Assembly. 6 18
6 19
6 20
6 21	MARK BRANDSGARD
6 22	Chief Clerk of the House
6 23 Approved	, 2007
6 24
6 25
6 26  	
6 27 CHESTER J. CULVER
6 28 Governor