1st Division Engrossment - 92nd Legislature (2021 - 2022) Posted on 03/07/2021 09:26am
A bill for an act
relating to education; requiring commissioner of education to develop a model
program for sexual health education; requiring a report; proposing coding for new
law in Minnesota Statutes, chapter 120B.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
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(a) The commissioner of education must, in consultation
with the commissioner of health, district and school health education specialists, and other
qualified experts, identify one or more model comprehensive sexual health education
programs for elementary and secondary school students. The model programs must be
consistent with locally developed standards as required in section 120B.021, subdivision
1, paragraph (a), clause (6). The commissioner must provide school districts and charter
schools with access to the model program, including written materials, curriculum resources,
and training for instructors by June 1, 2023.
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(b) A model program must include health content that is medically accurate; age,
disability, and developmentally accessible and appropriate; culturally inclusive; and grounded
in science on:
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(1) human anatomy, reproduction, and sexual development;
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(2) consent, bodily autonomy, and healthy relationships, including relationships involving
diverse sexual orientations and gender identities;
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(3) abstinence and other methods for preventing unintended pregnancy and sexually
transmitted infections; and
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(4) the relationship between substance use and sexual behavior and health.
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(c) "Consent" as used in this section means affirmative, conscious, and voluntary
agreement to engage in interpersonal, physical, or sexual activity.
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(d) The model program must include notification to:
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(1) students and school employees regarding criminal penalties for engaging in sexual
contact with minors and the unavailability of mistake as to age or consent of the minor as
a defense; and
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(2) school employees and administrators that a teacher or administrator who engages in
sexual contact with a student may be found in violation of the teacher code of ethics and
that such conduct may be grounds for suspension or revocation of a teaching license in
accordance with section 122A.20, subdivision 1, paragraph (a), clause (1).
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(e) District efforts to develop, implement, or improve instruction or curriculum as a
result of this section must be consistent with sections 120B.10, 120B.11, and 120B.20.
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(a) Starting in the 2024-2025 school year, a school district
or charter school must implement a comprehensive sexual health education program for
students in elementary and secondary school, including students with disabilities and students
enrolled in a state-approved alternative program. The sexual health education program must
include instruction on the topics listed in subdivision 1, paragraph (b), and must:
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(1) respect community values and encourage students to communicate with parents or
guardians; faith, health, and social services professionals; and other trusted adults about
sexuality and intimate relationships;
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(2) respond to culturally diverse individuals, families, and communities in an inclusive,
respectful, and effective manner; and
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(3) provide students with information about local resources where students may obtain
medically accurate information and services related to sexual and reproductive health, dating
violence, and sexual assault, consistent with section 120B.234.
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(b) A school district or charter school that does not adopt a model program developed
by the commissioner of education in accordance with subdivision 1 must submit for approval
to the commissioner of education its sexual health education program. The commissioner
must require a district applying for approval under this paragraph to include the following
information in its application:
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(1) the process the school district or charter school used to develop a sexual health
education program under this section;
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(2) the written materials used in the school district or charter school's sexual health
education program; and
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(3) training provided to the instructors of the school district or charter school's sexual
health education program.
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(c) A school district or charter school that adopts a model program developed by the
commissioner of education in accordance with subdivision 1 must report which program it
selected to the commissioner, in the form and manner determined by the commissioner.
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(d) Notwithstanding any law to the contrary, instruction in a sexual health education
program under this section may be provided by a person without a teaching license, who is
employed by the school district, charter school, or a community organization if the school
administration determines the school employee or community organization has necessary
content expertise.
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A school district or charter school must provide instruction
and curriculum under this section consistent with the parental curriculum review requirements
in section 120B.20.
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This section is effective the day following final enactment.
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The commissioner of education must submit a report to the committees of the legislature
having jurisdiction over kindergarten through grade 12 education on the sexual health
education program required under Minnesota Statutes, section 120B.211. The report must
include:
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(1) a description of how the model sexual health education program or programs were
identified;
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(2) assistance provided to school districts and charter schools implementing a sexual
health education program;
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(3) the number of school districts and charter schools that adopted each model program;
and
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(4) a list of the school districts and charter schools that requested approval of a sexual
health education program in accordance with Minnesota Statutes, section 120B.211,
subdivision 2, paragraph (b), including any school districts and charter schools that did not
receive approval.
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The commissioner must submit the report no later than January 15, 2025, and must submit
the report in accordance with Minnesota Statutes, section 3.195.
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