House File 605 - Introduced
HOUSE FILE
BY MASCHER, FOEGE, JOCHUM,
WINCKLER, OLDSON,
WESSEL=KROESCHELL, LENSING,
REICHERT, HEDDENS, WENDT,
T. TAYLOR, and BUKTA
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to human growth and development and health
2 education under the education standards, authorizing school
3 districts and nonpublic schools to provide comprehensive
4 sexual health education, and establishing related duties for
5 the director of the department of education.
6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
7 TLSB 2305HH 81
8 kh/gg/14
PAG LIN
1 1 Section 1. Section 256.9, Code 2005, is amended by adding
1 2 the following new subsection:
1 3 NEW SUBSECTION. 53. Prepare and make available to school
1 4 districts and accredited nonpublic schools courses of
1 5 instruction that meet the requirements of section 280.28. The
1 6 director shall set forth standards and criteria for
1 7 professional development related to these courses of
1 8 instruction for school districts, accredited nonpublic
1 9 schools, area education agencies, and practitioner preparation
1 10 programs which encourage cooperative planning and voluntary
1 11 professional development for all school personnel that provide
1 12 health, human growth and development, or family education and
1 13 request the training, through regional planning, joint powers
1 14 agreements, or contract services; and which provide for
1 15 periodic, voluntary, professional development training to
1 16 update school personnel regarding new developments in health,
1 17 human growth and development, or family education. The
1 18 director shall also develop a procedure for evaluating human
1 19 growth and development, health education, and family life
1 20 curricula in each school district and accredited nonpublic
1 21 school offering comprehensive sexual health education in order
1 22 to determine compliance with the provisions of section 280.28.
1 23 Sec. 2. Section 256.11, subsections 3 and 4, Code 2005,
1 24 are amended to read as follows:
1 25 3. The following areas shall be taught in grades one
1 26 through six: English=language arts, social studies,
1 27 mathematics, science, health, age=appropriate and science=
1 28 based human growth and development, physical education,
1 29 traffic safety, music, and visual art. The health curriculum
1 30 shall include the characteristics of communicable diseases
1 31 including acquired immune deficiency syndrome. The state
1 32 board as part of accreditation standards shall adopt
1 33 curriculum definitions for implementing the elementary
1 34 program.
1 35 4. The following shall be taught in grades seven and
2 1 eight: English=language arts; social studies; mathematics;
2 2 science; health; age=appropriate and science=based human
2 3 growth and development, family, consumer, career, and
2 4 technology education; physical education; music; and visual
2 5 art. The health curriculum shall include age=appropriate and
2 6 science=based information regarding the characteristics of
2 7 sexually transmitted diseases and acquired immune deficiency
2 8 syndrome. The state board as part of accreditation standards
2 9 shall adopt curriculum definitions for implementing the
2 10 program in grades seven and eight. However, this subsection
2 11 shall not apply to the teaching of family, consumer, career,
2 12 and technology education in nonpublic schools.
2 13 Sec. 3. Section 256.11, subsection 5, paragraph j, Code
2 14 2005, is amended to read as follows:
2 15 j. One unit of health education which shall include
2 16 personal health; food and nutrition; environmental health;
2 17 safety and survival skills; consumer health; family life; age=
2 18 appropriate and science=based human growth and development;
2 19 substance abuse and nonuse; emotional and social health;
2 20 health resources; and prevention and control of disease,
2 21 including age=appropriate and science=based information
2 22 regarding sexually transmitted diseases and acquired immune
2 23 deficiency syndrome.
2 24 Sec. 4. NEW SECTION. 280.28 SEXUAL HEALTH EDUCATION
2 25 AUTHORIZED.
2 26 1. The board of directors of each school district and the
2 27 authorities in charge of each nonpublic school may provide
2 28 age=appropriate, comprehensive sexual health education as part
2 29 of the health, human growth and development, or family
2 30 education curriculum taught in accordance with section 256.11.
2 31 2. The school district or school may train school
2 32 personnel or contract with consultants who have expertise in
2 33 comprehensive sexual health education to deliver the
2 34 instruction authorized by this section.
2 35 3. Whether taught by school district or school personnel
3 1 or by outside consultants, the comprehensive sexual health
3 2 education provided in accordance with subsection 1 shall meet
3 3 all of the following criteria:
3 4 a. Instruction and materials used shall be age=
3 5 appropriate.
3 6 b. All factual information presented shall be science=
3 7 based and objective.
3 8 c. Instruction for a student who is limited English
3 9 proficient shall be as required pursuant to section 280.4, and
3 10 shall be consistent with the existing curriculum and
3 11 alternative options for a student who is limited English
3 12 proficient.
3 13 d. Instruction and materials shall meet all of the
3 14 following conditions:
3 15 (1) Are appropriate for use with students of all ethnic
3 16 and racial groups, sexual orientations, genders, and physical
3 17 and mental abilities.
3 18 (2) Are accessible to students with disabilities,
3 19 including but not limited to, the provision of a modified
3 20 curriculum, materials, and instruction in alternative formats,
3 21 and auxiliary aids.
3 22 (3) Encourage a student to communicate with the student's
3 23 parent or guardian about human sexuality.
3 24 (4) Teach students to recognize unwanted physical and
3 25 verbal sexual advances, not to make unwanted physical and
3 26 verbal sexual advances, and how to effectively reject unwanted
3 27 sexual advances. The instruction and materials shall cover
3 28 verbal, physical, and visual sexual harassment, including
3 29 nonconsensual sexual advances, nonconsensual physical sexual
3 30 contact, and rape by an acquaintance or family member. The
3 31 course information and materials shall emphasize personal
3 32 accountability and respect for others and shall also encourage
3 33 youth to resist peer pressure.
3 34 (5) Teach that it is wrong to take advantage of or exploit
3 35 another person.
4 1 (6) Teach students about counseling, medical, and legal
4 2 resources available to survivors of sexual abuse and sexual
4 3 assault, including resources for escaping violent
4 4 relationships.
4 5 (7) Teach, commencing in grade seven, the value of
4 6 abstinence, that abstinence from sexual intercourse is the
4 7 only certain way to prevent unintended pregnancy, that
4 8 abstinence from sexual activity is the only certain way to
4 9 prevent sexually transmitted diseases, and provide science=
4 10 based information on other methods of preventing pregnancy and
4 11 sexually transmitted diseases and HIV.
4 12 (8) Teach, commencing in grade seven, about sexually
4 13 transmitted diseases, including how sexually transmitted
4 14 diseases are and are not transmitted, the effectiveness and
4 15 safety of all federal food and drug administration=approved
4 16 methods of reducing the risk of contracting sexually
4 17 transmitted diseases, and identify local resources for testing
4 18 and medical care for sexually transmitted diseases and HIV.
4 19 (9) Provide, commencing in grade seven, data regarding the
4 20 effectiveness and safety of all federal food and drug
4 21 administration=approved contraceptive methods in preventing
4 22 pregnancy, including but not limited to, emergency
4 23 contraception.
4 24 (10) Provide, commencing in grade seven, students with
4 25 skills for making and implementing responsible decisions about
4 26 sexuality.
4 27 4. If the board of directors of a school district or the
4 28 authorities in charge of a nonpublic school elect not to
4 29 provide comprehensive sexual health education in accordance
4 30 with subsection 1, the school district or school shall, at the
4 31 beginning of each school year, send a notice to the parent or
4 32 guardian of each student enrolled in the school district or
4 33 school that explains all of the following:
4 34 a. That the state authorizes age=appropriate,
4 35 comprehensive sexual health education in kindergarten through
5 1 grade twelve.
5 2 b. The criteria for comprehensive sexual health education
5 3 set forth in subsection 3.
5 4 c. That comprehensive sexual health education is not being
5 5 offered to the student.
5 6 5. A pupil shall not be required to take comprehensive
5 7 sexual health education instruction if the parent or guardian
5 8 files with the appropriate principal a written request that
5 9 the pupil be excused from the instruction.
5 10 6. For purposes of this section and section 256.11, unless
5 11 the context otherwise requires:
5 12 a. "Age=appropriate" means topics, messages, and teaching
5 13 methods suitable to particular ages or age groups of children
5 14 and adolescents, based on developing cognitive, emotional, and
5 15 behavioral capacity typical for the age or age group.
5 16 b. "HIV" means HIV as defined in section 141A.1.
5 17 c. "Science=based" means all of the following:
5 18 (1) Complete information that is verified or supported by
5 19 the weight of research conducted in compliance with accepted
5 20 scientific methods; recognized as accurate and objective by
5 21 leading professional organizations and agencies with relevant
5 22 expertise in the field, such as the American college of
5 23 obstetricians and gynecologists, the American public health
5 24 association, and the American academy of pediatrics; and
5 25 published in peer=reviewed journals where appropriate.
5 26 (2) Information that is free of racial, ethnic, sexual
5 27 orientation, and gender biases.
5 28 EXPLANATION
5 29 This bill requires that the educational program which
5 30 school districts and accredited nonpublic schools provide
5 31 include, in the human growth and development areas and the
5 32 health curriculum or health education unit, age=appropriate
5 33 and science=based information; permits school districts and
5 34 accredited nonpublic schools to offer comprehensive sexual
5 35 health education in kindergarten through grade 12; and
6 1 requires the director of the department of education to
6 2 prepare and make available to school districts and accredited
6 3 nonpublic schools courses of instruction in comprehensive
6 4 sexual health education, and to set forth standards and
6 5 criteria for professional development which education
6 6 institutions may use in preparing practitioners to teach
6 7 comprehensive sexual health education.
6 8 The bill specifies that the standards and criteria for
6 9 professional development set forth by the director must
6 10 encourage cooperative planning and voluntary professional
6 11 development for all school personnel that provide health,
6 12 human growth and development, or family education and request
6 13 the training; and provide for periodic, voluntary,
6 14 professional development training to update school personnel
6 15 regarding new developments in health, human growth and
6 16 development, or family education. The director is also
6 17 required to develop a procedure for evaluating human growth
6 18 and development education, health education, and family life
6 19 curricula in each school district and accredited nonpublic
6 20 school offering comprehensive sexual health education.
6 21 The bill authorizes school districts and accredited
6 22 nonpublic schools to provide age=appropriate, comprehensive
6 23 sexual health education as part of the health, human growth
6 24 and development, or family education curriculum under the
6 25 educational standards in kindergarten through grade 12, and
6 26 permits the school districts and schools to train school
6 27 personnel or contract with consultants to deliver the
6 28 instruction. However, the bill establishes criteria for the
6 29 information and materials that schools must adhere to when
6 30 providing the instruction. A pupil must be excused from the
6 31 instruction if the pupil's parent or guardian files with the
6 32 principal a written request to excuse the pupil from the
6 33 instruction.
6 34 If a school district or nonpublic school elects not to
6 35 provide comprehensive sexual health education as set forth in
7 1 the bill, the school district or school must, at the beginning
7 2 of each school year, send a notice to the parent or guardian
7 3 of each student enrolled in the school district or school that
7 4 explains that the state authorizes comprehensive sexual health
7 5 education, the criteria for comprehensive sexual health
7 6 education, and that comprehensive sexual health education is
7 7 not being offered to the student.
7 8 LSB 2305HH 81
7 9 kh:nh/gg/14.1