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 21    2.  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 24    3.  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