HF 615

1st Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to education; providing for responsible family life and sexuality
education programs; appropriating money; proposing coding for new law in
Minnesota Statutes, chapter 121A; repealing Minnesota Statutes 2006, 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 Notice and parental options. new text end

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

new text begin Subd. 2. new text end

new text begin Definitions. new text end

new text begin (a) "Responsible family life and sexuality education" means
education in grades 7 through 12 that:
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new text begin (1) respects community values and encourages family communication;
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new text begin (2) develops skills in communication, decision making, and conflict resolution;
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new text begin (3) contributes to healthy relationships;
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new text begin (4) provides human development and sexuality education that is age appropriate
and medically accurate;
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new text begin (5) includes an abstinence-first approach to delaying initiation of sexual activity that
emphasizes abstinence while also including education about the use of protection and
contraception; and
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new text begin (6) promotes individual responsibility.
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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. 3. new text end

new text begin Curriculum requirements. new text end

new text begin (a) A school district may 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 for kindergarten through grade 6.
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new text begin (b) 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 for grades 7 through 12.
new text end

new text begin (c) 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 Subd. 4. 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
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, consistent with subdivision 6.
new text end

new text begin (c) A school district must establish policies and procedures, consistent with
subdivision 6, for providing parents or guardians reasonable notice with the following
information:
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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 audio/visual
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
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new text begin (4) parents' or guardians' right to choose not to have their child participate in the
program and the procedure for exercising that right.
new text end

new text begin (d) A school district must establish policies and procedures for reasonably restricting
the availability of written and audio/visual 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 subdivision 6.
new text end

new text begin Subd. 5. new text end

new text begin Assistance to school districts. new text end

new text begin (a) The Department of Education may offer
services to school districts to help them implement effective responsible family life and
sexuality education programs. In providing these services, the department may contract
with a school district, or a school district in partnership with a local health agency or a
nonprofit organization, to establish up to eight regional training sites, taking into account
geographical balance, to provide:
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new text begin (1) training for teachers, parents, and community members in the development of
responsible family life and sexuality education curriculum or services and in planning
for monitoring and evaluation activities;
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new text begin (2) resource staff persons to provide expert training, curriculum development and
implementation, and evaluation services;
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new text begin (3) technical assistance to promote and coordinate community, parent, and youth
forums in communities identified as having high needs for responsible family life and
sexuality education;
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new text begin (4) technical assistance for issue management and policy development training for
school boards, superintendents, principals, and administrators across the state; and
new text end

new text begin (5) funding for grants to school-based responsible family life and sexuality education
programs to promote innovation and to recognize outstanding performance and promote
replication of demonstrably effective strategies.
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new text begin (b) Technical assistance in accordance with National Health Education Standards
provided by the department to school districts or regional training sites may:
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new text begin (1) promote instruction and use of materials that are age appropriate;
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new text begin (2) provide information that is medically accurate and objective;
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new text begin (3) provide instruction and promote use of materials that are respectful of marriage
and commitments in relationships;
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new text begin (4) provide instruction and promote use of materials that are appropriate for use
with pupils and family experiences based on race, gender, sexual orientation, ethnic
and cultural background, and appropriately accommodate alternative learning based on
language or disability;
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new text begin (5) provide instruction and promote use of materials that encourage pupils to
communicate with their parents or guardians about human sexuality;
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new text begin (6) provide instruction and promote use of age-appropriate materials that teach
abstinence from sexual intercourse as the only certain way to prevent unintended
pregnancy or sexually transmitted infections, including HIV, and provide information
about the role and value of abstinence while also providing medically accurate information
on other methods of preventing and reducing risk for unintended pregnancy and sexually
transmitted infections;
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new text begin (7) provide instruction and promote use of age-appropriate materials that are
medically accurate in explaining transmission modes, risks, symptoms, and treatments for
sexually transmitted infections, including HIV;
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new text begin (8) provide instruction and promote use of age-appropriate materials that address
varied societal views on sexuality, sexual behaviors, pregnancy, and sexually transmitted
infections, including HIV, in an age-appropriate manner;
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new text begin (9) provide instruction and promote use of age-appropriate materials that provide
information about the effectiveness and safety of all FDA-approved methods for
preventing and reducing risk for unintended pregnancy and sexually transmitted
infections, including HIV;
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new text begin (10) provide instruction and promote use of age-appropriate materials that provide
instruction in skills for making and implementing responsible decisions about sexuality;
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new text begin (11) provide instruction and promote use of age-appropriate materials that provide
instruction in skills for making and implementing responsible decisions about finding and
using health services; and
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new text begin (12) provide instruction and promote use of age-appropriate materials that do not
teach or promote religious doctrine nor reflect or promote bias against any person on the
basis of any category protected under the Minnesota Human Rights Act, chapter 363A.
new text end

new text begin Subd. 6. new text end

new text begin Parent option. new text end

new text begin A school district may offer a responsible family life and
sexuality education program under this section to a pupil only with the prior written
consent of the pupil's parent or guardian. A school district must make reasonable
arrangements with school personnel for alternative instruction for those pupils whose
parents or guardians refuse to give their consent, and must not impose an academic
or other penalty upon a pupil merely 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.
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Sec. 2. new text begin APPROPRIATION.
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new text begin Subdivision 1. new text end

new text begin Department of Education. new text end

new text begin The sums indicated in this section are
appropriated from the general fund to the commissioner of education for the fiscal years
designated.
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new text begin Subd. 2. new text end

new text begin Responsible family life and sexuality education programs. new text end

new text begin For
responsible family life and sexuality education programs under section 1:
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	new text begin $ new text end	new text begin 430,000 new text end	new text begin ..... new text end	new text begin 2008 new text end
	new text begin $ new text end	new text begin 430,000 new text end	new text begin ..... new text end	new text begin 2009 new text end

new text begin Of these amounts, $400,000 each year is to establish and operate up to eight regional
training sites under section 1, subdivision 5, paragraph (a), and $30,000 each year is to
school districts for the purposes of section 1, subdivision 5, paragraph (a), clause (5).
new text end

Sec. 3. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2006, section 121A.23, new text end new text begin is repealed.
new text end