House File 465

                                       HOUSE FILE       
                                       BY  MASCHER


    Passed House,  Date               Passed Senate, Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to the human growth and development, health
  2    education, and family life instruction by school districts and
  3    accredited nonpublic schools.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 2850HH 80
  6 kh/pj/5

PAG LIN

  1  1    Section 1.  Section 256.9, Code 2003, is amended by adding
  1  2 the following new subsection:
  1  3    NEW SUBSECTION.  52.  Prepare and make available to school
  1  4 districts and accredited nonpublic schools courses of
  1  5 instruction that meet the requirements of section 256.11,
  1  6 subsection 15.  The director shall develop a procedure for
  1  7 evaluating and measuring the effectiveness of human growth and
  1  8 development, health education, and family life curricula in
  1  9 each school district and accredited nonpublic school,
  1 10 including the setting of reasonable goals for reduced sexual
  1 11 activity, sexually transmitted diseases, and premarital
  1 12 pregnancy.
  1 13    Sec. 2.  Section 256.11, subsections 2, 3, and 4, Code
  1 14 2003, are amended to read as follows:
  1 15    2.  The kindergarten program shall include experiences
  1 16 designed to develop healthy emotional and social habits and
  1 17 growth in the language arts and communication skills, as well
  1 18 as a capacity for the completion of individual tasks, and
  1 19 protect and increase physical well=being with attention given
  1 20 to experiences relating to the development of life skills and
  1 21 medically accurate and age appropriate human growth and
  1 22 development.  A kindergarten teacher shall be licensed to
  1 23 teach in kindergarten.  An accredited nonpublic school must
  1 24 meet the requirements of this subsection only if the nonpublic
  1 25 school offers a kindergarten program.
  1 26    3.  The following areas shall be taught in grades one
  1 27 through six:  English=language arts, social studies,
  1 28 mathematics, science, health, medically accurate and age
  1 29 appropriate human growth and development, physical education,
  1 30 traffic safety, music, and visual art.  The health curriculum
  1 31 shall include medically accurate and age appropriate
  1 32 information regarding the characteristics of communicable
  1 33 diseases including acquired immune deficiency syndrome.  The
  1 34 state board as part of accreditation standards shall adopt
  1 35 curriculum definitions for implementing the elementary
  2  1 program.
  2  2    4.  The following shall be taught in grades seven and
  2  3 eight:  English=language arts; social studies; mathematics;
  2  4 science; health; medically accurate and age appropriate human
  2  5 growth and development, family, consumer, career, and
  2  6 technology education; physical education; music; and visual
  2  7 art.  The health curriculum shall include medically accurate
  2  8 and age appropriate information regarding the characteristics
  2  9 of sexually transmitted diseases and acquired immune
  2 10 deficiency syndrome.  The state board as part of accreditation
  2 11 standards shall adopt curriculum definitions for implementing
  2 12 the program in grades seven and eight.  However, this
  2 13 subsection shall not apply to the teaching of family,
  2 14 consumer, career, and technology education in nonpublic
  2 15 schools.
  2 16    Sec. 3.  Section 256.11, subsection 5, paragraph j,
  2 17 unnumbered paragraph 1, Code 2003, is amended to read as
  2 18 follows:
  2 19    One unit of health education which shall include personal
  2 20 health; food and nutrition; environmental health; safety and
  2 21 survival skills; consumer health; family life; medically
  2 22 accurate and age appropriate human growth and development;
  2 23 substance abuse and nonuse; emotional and social health;
  2 24 health resources; and prevention and control of disease,
  2 25 including medically accurate and age appropriate information
  2 26 regarding sexually transmitted diseases and acquired immune
  2 27 deficiency syndrome.
  2 28    Sec. 4.  Section 256.11, Code 2003, is amended by adding
  2 29 the following new subsection:
  2 30    NEW SUBSECTION.  15.  All human growth and development,
  2 31 health education, and family life courses of instruction
  2 32 offered at grade levels six through twelve that discuss sexual
  2 33 activity or behavior shall satisfy the following conditions:
  2 34    a.  Information presented in course material and
  2 35 instruction shall be medically accurate and objective.
  3  1    b.  All course materials and instruction shall be age and
  3  2 developmentally appropriate.
  3  3    c.  Course materials and instruction shall include the
  3  4 following:
  3  5    (1)  Parameters for a discussion of sexual abstinence as a
  3  6 method to prevent unintended pregnancy and sexually
  3  7 transmitted diseases such as HIV.
  3  8    (2)  Presentation of the latest medically factual
  3  9 information regarding both the possible side effects and
  3 10 health benefits of all forms of contraception.
  3 11    (3)  Discussion of the possible consequences of unintended
  3 12 pregnancy and sexually transmitted diseases such as HIV.  The
  3 13 materials and instruction shall stress the potentially serious
  3 14 hazards of sexual activity or behavior.
  3 15    (4)  Statistics based on the latest medical information
  3 16 citing the failure and success rates of all contraceptive
  3 17 methods for the prevention of pregnancy and sexually
  3 18 transmitted diseases such as HIV.
  3 19    (5)  Provision for the development of positive
  3 20 communication skills that support and maintain healthy
  3 21 relationships and reject unwanted sexual activity.
  3 22    (6)  Emphasize a student's power to control personal
  3 23 behavior.  Students shall be encouraged to base their actions
  3 24 on reasoning, self=discipline, sense of responsibility, self=
  3 25 control, and ethical considerations, such as respect for
  3 26 oneself and others.
  3 27    (7)  Methods that teach students not to make unwanted
  3 28 physical and verbal sexual advances and how to reject unwanted
  3 29 sexual advances.  The materials and instruction shall cover
  3 30 verbal, physical, and visual sexual harassment, including
  3 31 nonconsensual sexual advances, nonconsensual physical sexual
  3 32 contact, and rape by an acquaintance.  The course materials
  3 33 and instruction shall emphasize personal accountability and
  3 34 respect for others and shall also encourage youth to resist
  3 35 peer pressure.
  4  1    (8)  Shall teach that it is wrong to take advantage of or
  4  2 exploit another person.
  4  3    (9)  Instruction in the potential legal consequences of
  4  4 sexual assault under the Iowa criminal code.
  4  5    (10)  Shall be free of racial, ethnic, and gender biases.
  4  6    (11)  Shall teach students about counseling, medical and
  4  7 legal resources available to survivors of sexual abuse and
  4  8 sexual assault, including resources for escaping violent
  4  9 relationships.
  4 10    d.  For purposes of this subsection, "HIV" means the same
  4 11 as defined in section 141A.1.
  4 12    e.  "Medically accurate", as used in this section, means
  4 13 supported by research conducted in compliance with accepted
  4 14 scientific methods; recognized as accurate and objective by
  4 15 leading professional organizations and agencies with relevant
  4 16 expertise in the field, which may include but shall not be
  4 17 limited to the American college of obstetricians and
  4 18 gynecologists and the centers for disease control and
  4 19 prevention of the United States department of health and human
  4 20 services; and published in peer=reviewed publications where
  4 21 appropriate.
  4 22                           EXPLANATION
  4 23    This bill requires that the educational programs provided
  4 24 by school districts and accredited nonpublic schools must
  4 25 ensure that human growth and development, health education,
  4 26 and family life courses provide information that is medically
  4 27 accurate and age appropriate.  The bill also requires that the
  4 28 department of education prepare and make available to school
  4 29 districts and accredited nonpublic schools courses of
  4 30 instruction that are medically accurate and age appropriate
  4 31 and to develop a procedure for evaluating and measuring human
  4 32 growth and development, health education, and family life
  4 33 curricula in the schools.
  4 34    The bill provides a list of items that all human growth and
  4 35 development, health education, and family life courses of
  5  1 instruction offered at grade levels 6 through 12 that discuss
  5  2 sexual activity or behavior must include.
  5  3    The bill defines "medically accurate" to mean supported by
  5  4 scientific research, recognized as accurate and objective by
  5  5 leading professional organizations and agencies, and published
  5  6 in peer=reviewed publications.
  5  7 LSB 2850HH 80
  5  8 kh/pj/5