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HF 1759

as introduced - 90th Legislature (2017 - 2018) Posted on 03/31/2017 07:18pm

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to education; creating a responsible family life and sexuality education
program; proposing coding for new law in Minnesota Statutes, chapter 121A;
repealing Minnesota Statutes 2016, section 121A.23.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [121A.231] RESPONSIBLE FAMILY LIFE AND SEXUALITY
EDUCATION PROGRAMS.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) "Responsible family life and sexuality education" means
education in grades 6 through 12 that:
new text end

new text begin (1) respects community values and encourages family communication;
new text end

new text begin (2) develops skills in communication, decision making, and conflict resolution;
new text end

new text begin (3) contributes to healthy relationships and prevention of sexual violence;
new text end

new text begin (4) promotes individual responsibility;
new text end

new text begin (5) includes an abstinence-first approach to delaying initiation of sexual activity while
also including education about contraception and disease prevention; and
new text end

new text begin (6) provides human development and sexuality education that is age-appropriate and
medically accurate.
new text end

new text begin (b) "Age-appropriate" refers to topics, messages, and teaching methods suitable to
particular ages or age groups of children and adolescents, based on developing cognitive,
emotional, and behavioral capacity typical for the age or age group.
new text end

new text begin (c) "Medically accurate" means verified or supported by research conducted in compliance
with scientific methods and published in peer-reviewed journals, where appropriate, and
recognized as accurate and objective by professional organizations and agencies in the
relevant field, such as the federal Centers for Disease Control and Prevention, the American
Public Health Association, the American Academy of Pediatrics, or the American College
of Obstetricians and Gynecologists.
new text end

new text begin Subd. 2. new text end

new text begin Curriculum requirements. new text end

new text begin (a) A school district must offer and may
independently establish policies, procedures, curriculum, and services for providing
responsible family life and sexuality education that is age-appropriate and medically accurate,
to meet the needs of all students in grades 6 through 12. A school district may implement
the curriculum consistent with its curriculum review cycle under section 120B.11, or no
later than the start of the 2018-2019 school year, whichever comes first.
new text end

new text begin (b) A school district must consult with parents or guardians of enrolled students when
establishing policies, procedures, curriculum, and services under this subdivision.
new text end

new text begin (c) A school district may implement the curriculum through instruction from school
district personnel or outside consultants.
new text end

new text begin Subd. 3. new text end

new text begin Notice and parental options. new text end

new text begin (a) It is the legislature's intent to encourage pupils
to communicate with their parents or guardians about human sexuality and to respect the
rights of parents or guardians to supervise their children's education on these subjects.
new text end

new text begin (b) Parents or guardians may excuse their children from all or part of a responsible family
life and sexuality education program.
new text end

new text begin (c) A school district must make reasonable arrangements with school personnel for
alternative instruction for those pupils whose parents or guardians object to the content of
the instruction, and must not impose an academic or other penalty upon a pupil for arranging
the alternative instruction. School personnel may evaluate and assess the quality of the
pupil's work completed as part of the alternative instruction.
new text end

new text begin (d) A school district must establish policies and procedures consistent with this section
for providing parents or guardians reasonable notice with the following information:
new text end

new text begin (1) if the district is offering a responsible family life and sexuality education program
to the parents' or guardians' child during the course of the year;
new text end

new text begin (2) how the parents or guardians may inspect the written and audiovisual educational
materials used in the program and the process for inspection;
new text end

new text begin (3) if the program is presented by school district personnel or outside consultants, and
if outside consultants are used, who they may be; and
new text end

new text begin (4) parents' or guardians' right to choose not to have the child participate in the program
and the procedure for exercising that right.
new text end

new text begin (e) A school district must establish policies and procedures for reasonably restricting
the availability of written and audiovisual educational materials from public view of students
who have been excused from all or part of a responsible family life and sexuality education
program at the request of a parent or guardian, consistent with this section.
new text end

new text begin Subd. 4. new text end

new text begin Assistance to school districts. new text end

new text begin The Department of Education, in coordination
with the Department of Health, may offer services to school districts, including training,
resources, and technical assistance to help implement responsible family life and sexuality
education programs in accordance with national health education standards.
new text end

new text begin Subd. 5. new text end

new text begin Federal funds. new text end

new text begin The Department of Health and the Department of Education
shall seek available funds from the federal government, consistent with the definitions of
a responsible family life and sexuality education program, including, but not limited to,
funds available from the Office of Adolescent Health and the Centers for Disease Control
and Prevention.
new text end

Sec. 2. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2016, section 121A.23, new text end new text begin is repealed.
new text end

APPENDIX

Repealed Minnesota Statutes: 17-2382

121A.23 PROGRAMS TO PREVENT AND REDUCE THE RISKS OF SEXUALLY TRANSMITTED INFECTIONS AND DISEASES.

Subdivision 1.

Sexually transmitted infections and diseases program.

The commissioner of education, in consultation with the commissioner of health, shall assist districts in developing and implementing a program to prevent and reduce the risk of sexually transmitted infections and diseases, including but not exclusive to human immune deficiency virus and human papilloma virus. Each district must have a program that includes at least:

(1) planning materials, guidelines, and other technically accurate and updated information;

(2) a comprehensive, technically accurate, and updated curriculum that includes helping students to abstain from sexual activity until marriage;

(3) cooperation and coordination among districts and SCs;

(4) a targeting of adolescents, especially those who may be at high risk of contracting sexually transmitted infections and diseases, for prevention efforts;

(5) involvement of parents and other community members;

(6) in-service training for appropriate district staff and school board members;

(7) collaboration with state agencies and organizations having a sexually transmitted infection and disease prevention or sexually transmitted infection and disease risk reduction program;

(8) collaboration with local community health services, agencies and organizations having a sexually transmitted infection and disease prevention or sexually transmitted infection and disease risk reduction program; and

(9) participation by state and local student organizations.

The department may provide assistance at a neutral site to a nonpublic school participating in a district's program. District programs must not conflict with the health and wellness curriculum developed under Laws 1987, chapter 398, article 5, section 2, subdivision 7.

If a district fails to develop and implement a program to prevent and reduce the risk of sexually transmitted infection and disease, the department must assist the service cooperative in the region serving that district to develop or implement the program.

Subd. 2.

Funding sources.

Districts may accept funds for sexually transmitted infection and disease prevention programs developed and implemented under this section from public and private sources including public health funds and foundations, department professional development funds, federal block grants or other federal or state grants.