House File 611 - Reprinted HOUSE FILE BY COMMITTEE ON EDUCATION (SUCCESSOR TO HSB 87) 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 educational standards, requiring school 3 districts to provide curricular information to agencies and 4 organizations upon request, and providing 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 1954HV 82 8 kh/gg/14 PAG LIN 1 1 Section 1. Section 256.9, subsection 54, Code 2007, is 1 2 amended to read as follows: 1 3 54. a. Develop and make available to school districts, 1 4 examples of age=appropriate and research=based materials and 1 5 lists of resources which parents may use to teach their 1 6 children to recognize unwanted physical and verbal sexual 1 7 advances, to not make unwanted physical and verbal sexual 1 8 advances, to effectively reject unwanted sexual advances, that 1 9 it is wrong to take advantage of or exploit another person, 1 10 about the dangers of sexual exploitation by means of the 1 11 internet including specific strategies to help students 1 12 protect themselves and their personally identifiable 1 13 information from such exploitation, and about counseling, 1 14 medical, and legal resources available to survivors of sexual 1 15 abuse and sexual assault, including resources for escaping 1 16 violent relationships. The materials and resources shall 1 17 cover verbal, physical, and visual sexual harassment, 1 18 including nonconsensual sexual advances, and nonconsensual 1 19 physical sexual contact. In developing the materials and 1 20 resource list, the director shall consult with entities that 1 21 shall include, but not be limited to, the departments of human 1 22 services, public health, and public safety, education 1 23 stakeholders, and parent=teacher organizations. School 1 24 districts shall provide age=appropriate and research=based 1 25 materials and a list of available community and web=based 1 26 resources to parents at registration and shall also include 1 27 the age=appropriate and research=based materials and resource 1 28 list in the student handbook. School districts are encouraged 1 29 to work with their communities to provide voluntary parent 1 30 education sessions to provide parents with the skills and 1 31 appropriate strategies to teach their children as described in 1 32 this subsection. School districts shall incorporate the 1 33 age=appropriate and research=based materials into relevant 1 34 curricula and shall reinforce the importance of preventive 1 35 measures when reasonable with parents and students. 2 1 b. Make available scientifically based research studies in 2 2 the area of health and wellness literacy for use by school 2 3 districts and nonpublic schools in educating students. The 2 4 content shall include but not be limited to research on 2 5 instructional materials and teaching strategies that have 2 6 proven effective in teaching students the knowledge and skills 2 7 included in paragraph "a" and section 256.11. School 2 8 districts are encouraged to incorporate as much of this 2 9 material as practical. 2 10 Sec. 2. Section 256.11, subsections 3 and 4, Code 2007, 2 11 are amended to read as follows: 2 12 3. The following areas shall be taught in grades one 2 13 through six: English=language arts, social studies, 2 14 mathematics, science, health, age=appropriate and 2 15 research=based human growth and development, physical 2 16 education, traffic safety, music, and visual art. The health 2 17 curriculum shall include the characteristics of communicable 2 18 diseases including acquired immune deficiency syndrome. The 2 19 state board as part of accreditation standards shall adopt 2 20 curriculum definitions for implementing the elementary 2 21 program. 2 22 4. The following shall be taught in grades seven and 2 23 eight: English=language arts; social studies; mathematics; 2 24 science; health; age=appropriate and research=based human 2 25 growth and development, family, consumer, career, and 2 26 technology education; physical education; music; and visual 2 27 art. The health curriculum shall include age=appropriate and 2 28 research=based information regarding the characteristics of 2 29 sexually transmitted diseases, including HPV and the 2 30 availability of a vaccine to prevent HPV, and acquired immune 2 31 deficiency syndrome. The state board as part of accreditation 2 32 standards shall adopt curriculum definitions for implementing 2 33 the program in grades seven and eight. However, this 2 34 subsection shall not apply to the teaching of family, 2 35 consumer, career, and technology education in nonpublic 3 1 schools. For purposes of this section, "age appropriate", 3 2 "HPV", and "research=based" mean the same as defined in 3 3 section 279.50. 3 4 Sec. 3. Section 256.11, subsection 5, paragraph j, Code 3 5 2007, is amended to read as follows: 3 6 j. One unit of health education which shall include 3 7 personal health; food and nutrition; environmental health; 3 8 safety and survival skills; consumer health; family life; 3 9 age=appropriate and research=based human growth and 3 10 development; substance abuse and nonuse; emotional and social 3 11 health; health resources; and prevention and control of 3 12 disease, including age=appropriate and research=based 3 13 information regarding sexually transmitted diseases, including 3 14 HPV and the availability of a vaccine to prevent HPV, and 3 15 acquired immune deficiency syndrome. 3 16 Sec. 4. Section 279.50, Code 2007, is amended to read as 3 17 follows: 3 18 279.50 HUMAN GROWTH AND DEVELOPMENT INSTRUCTION. 3 19 1. Each school board shall provide instruction in 3 20 kindergarten which gives attention to experiences relating to 3 21 life skills and human growth and development as required in 3 22 section 256.11. School districts shall use research provided 3 23 in section 256.9, subsection 54, paragraph "b", to evaluate 3 24 and upgrade their instructional materials and teaching 3 25 strategies for human growth and development. 3 26 2. Each school board shall provide age=appropriate and 3 27 research=based instruction in human growth and development 3 28 including instruction regarding human sexuality, self=esteem, 3 29 stress management, interpersonal relationships, domestic 3 30 abuse, HPV and the availability of a vaccine to prevent HPV, 3 31 and acquired immune deficiency syndrome as required in section 3 32 256.11, in grades one through twelve. 3 33 3. Each school board shall annually provide to a parent or 3 34 guardian of any pupil enrolled in the school district, 3 35 information about the human growth and development curriculum 4 1 used in the pupil's grade level and the procedure for 4 2 inspecting the instructional materials prior to their use in 4 3 the classroom. 4 4 4. Each school district shall, upon request by any agency 4 5 or organization, provide information about the human growth 4 6 and development curriculum used in each grade level and the 4 7 procedure for inspecting and updating the instructional 4 8 materials. 4 9 5. A pupil shall not be required to take instruction in 4 10 human growth and development if the pupil's parent or guardian 4 11 files with the appropriate principal a written request that 4 12 the pupil be excused from the instruction. Notification that 4 13 the written request may be made shall be included in the 4 14 information provided by the school district. 4 15 6. Each school board or community college which offers 4 16 general adult education classes or courses shall periodically 4 17 offer an instructional program in parenting skills and in 4 18 human growth and development for parents, guardians, 4 19 prospective biological and adoptive parents, and foster 4 20 parents. 4 212.7. Each area education agency shall periodically offer 4 22 a staff development program for teachers who provide 4 23 instruction in human growth and development. 4 243.8. The department of education shall identify and 4 25 disseminate information about early intervention programs for 4 26 students who are at the greatest risk of suffering from the 4 27 problem of dropping out of school, substance abuse, adolescent 4 28 pregnancy, or suicide. 4 29 9. For purposes of this section and sections 256.9 and 4 30 256.11, unless the context otherwise requires: 4 31 a. "Age=appropriate" means topics, messages, and teaching 4 32 methods suitable to particular ages or age groups of children 4 33 and adolescents, based on developing cognitive, emotional, and 4 34 behavioral capacity typical for the age or age group. 4 35 b. "HIV" means HIV as defined in section 141A.1. 5 1 c. "HPV" means human papilloma virus as defined by the 5 2 centers for disease control and prevention of the United 5 3 States department of health and human services. 5 4 d. "Research=based" means all of the following: 5 5 (1) Complete information that is verified or supported by 5 6 the weight of research conducted in compliance with accepted 5 7 scientific methods; recognized as medically accurate and 5 8 objective by leading professional organizations and agencies 5 9 with relevant expertise in the field, such as the American 5 10 college of obstetricians and gynecologists, the American 5 11 public health association, the American academy of pediatrics, 5 12 and the national association of school nurses; and published 5 13 in peer=reviewed journals where appropriate. 5 14 (2) Information that is free of racial, ethnic, sexual 5 15 orientation, and gender biases. 5 16 10. To the extent not inconsistent with this section and 5 17 section 256.11, an accredited nonpublic school may also choose 5 18 curriculum in accordance with doctrinal teachings for the 5 19 human sexuality component of the human growth and development 5 20 requirements of this section and section 256.11. 5 21 11. Nothing in this section or section 256.11 shall be 5 22 construed to prohibit a school or school district from 5 23 developing and making available abstinence=based or 5 24 abstinence=only materials pursuant to the requirements of 5 25 section 256.9, subsection 54, and from offering an 5 26 abstinence=based or abstinence=only curriculum in meeting the 5 27 human sexuality component of the human growth and development 5 28 requirements of this section and section 256.11. 5 29 HF 611 5 30 kh:nh/jg/25