HF 615

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to education; providing for comprehensive 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.

[121A.231] COMPREHENSIVE FAMILY LIFE AND SEXUALITY
EDUCATION PROGRAMS.

Subdivision 1.

Definitions.

(a) "Comprehensive family life and sexuality education"
means education in grades 7 through 12 that:

(1) respects community values and encourages family communication;

(2) develops skills in communication, decision making, and conflict resolution;

(3) contributes to healthy relationships;

(4) provides human development and sexuality education that is age appropriate
and medically accurate;

(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

(6) promotes individual responsibility.

(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.

(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.

Subd. 2.

Curriculum requirements.

(a) A school district may offer and may
independently establish policies, procedures, curriculum, and services for providing
comprehensive family life and sexuality education that is age appropriate and medically
accurate for kindergarten through grade 6.

(b) A school district must offer and may independently establish policies, procedures,
curriculum, and services for providing comprehensive family life and sexuality education
that is age appropriate and medically accurate for grades 7 through 12.

Subd. 3.

Notice and parental options.

(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.

(b) Parents or guardians may excuse their children from all or part of a
comprehensive family life and sexuality education program.

(c) A school district must establish policies and procedures for providing parents or
guardians reasonable notice with the following information:

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

(2) how the parents or guardians may inspect the written and audio/visual
educational materials used in the program and the process for inspection;

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

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

(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 comprehensive family life and
sexuality education program at the request of a parent or guardian.

Subd. 4.

Assistance to school districts.

(a) The Department of Education may
offer services to school districts to help them implement effective comprehensive 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:

(1) training for teachers, parents, and community members in the development of
comprehensive family life and sexuality education curriculum or services and in planning
for monitoring and evaluation activities;

(2) resource staff persons to provide expert training, curriculum development and
implementation, and evaluation services;

(3) technical assistance to promote and coordinate community, parent, and youth
forums in communities identified as having high needs for comprehensive family life
and sexuality education;

(4) technical assistance for issue management and policy development training for
school boards, superintendents, principals, and administrators across the state; and

(5) funding for grants to school-based comprehensive family life and sexuality
education programs to promote innovation and to recognize outstanding performance and
promote replication of demonstrably effective strategies.

(b) Technical assistance in accordance with National Health Education Standards
provided by the department to school districts or regional training sites may:

(1) promote instruction and use of materials that are age appropriate;

(2) provide information that is medically accurate and objective;

(3) provide instruction and promote use of materials that are respectful of marriage
and commitments in relationships;

(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;

(5) provide instruction and promote use of materials that encourage pupils to
communicate with their parents or guardians about human sexuality;

(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;

(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;

(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;

(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;

(10) provide instruction and promote use of age-appropriate materials that provide
instruction in skills for making and implementing responsible decisions about sexuality;

(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

(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.

Sec. 2. APPROPRIATION.

Subdivision 1.

Department of Education.

The sums indicated in this section are
appropriated from the general fund to the commissioner of education for the fiscal years
designated.

Subd. 2.

Comprehensive family life and sexuality education programs.

For
comprehensive family life and sexuality education programs under section 1:

	$	430,000	.....	2008
	$	430,000	.....	2009

Of these amounts, $400,000 each year is to establish and operate up to eight regional
training sites under section 1, subdivision 4, paragraph (a), and $30,000 each year is to
school districts for the purposes of section 1, subdivision 4, paragraph (a), clause (5).

Sec. 3. REPEALER.

Minnesota Statutes 2006, section 121A.23, is repealed.