SF 2889

as introduced - 86th Legislature (2009 - 2010) Posted on 02/25/2010 02:58pm

A bill for an act
relating to public health; preventing sexually transmitted infections and HIV;
creating a responsible family life and sexuality education program; requiring
the commissioner of health to develop a state plan for preventing STD's and
HIV; appropriating money; proposing coding for new law in Minnesota Statutes,
chapters 121A; 144; repealing Minnesota Statutes 2008, 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 2011-2012 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 them 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 [144.066] HIV TRANSMISSION AWARENESS AND EDUCATION.
new text end

new text begin The commissioner of health shall design and implement an ongoing statewide
campaign to raise awareness and educate the public about HIV transmission and
prevention. The campaign must include messages directed to the general population as
well as culturally specific and community-based messages.
new text end

new text begin A toll-free resource and referral telephone line and Web site shall be included in
the messages. The commissioner of health shall conduct an evaluation to determine the
effectiveness of the campaign.
new text end

Sec. 3. new text begin RECOMMENDATIONS FOR REDUCING SEXUALLY TRANSMITTED
INFECTIONS.
new text end

new text begin The commissioner of health shall conduct an assessment and develop a plan to
reduce statewide sexually transmitted infection rates. The commissioner shall submit the
assessment and plan to the legislature by January 15, 2011. As part of this assessment,
the commissioner shall estimate the total annual cost to the state's health care system of
the treated and untreated sexually transmitted infections occurring in children and young
adults between the ages of 15 to 24.
new text end

Sec. 4. new text begin APPROPRIATIONS.
new text end

new text begin (a) $3,000,000 is appropriated for the biennium beginning July 1, 2009, from the
general fund to the commissioner of health for family planning special project grants
under Minnesota Statutes, section 145.925, for the purpose of preventing unintended
pregnancies, sexually transmitted infections, and HIV.
new text end

new text begin (b) $1,500,000 is appropriated for the biennium beginning July 1, 2009, from the
general fund to the commissioner of health to award as grants under Minnesota Statutes,
section 144.065. $1,000,000 of this appropriation is to provide services for the detection
and treatment of chlamydia and gonorrhea in areas of the state that have experienced the
greatest increase or concentration of these two infections. $500,000 of this appropriation
is for community education on the prevalence and health consequences of untreated
chlamydia and gonorrhea infections.
new text end

Sec. 5. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2008, section 121A.23, new text end new text begin is repealed.
new text end