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Minnesota Legislature

Office of the Revisor of Statutes

HF 1414

1st Engrossment - 91st Legislature (2019 - 2020) Posted on 07/09/2019 01:10pm

KEY: stricken = removed, old language.
underscored = added, new language.

Bill Text Versions

Engrossments
Introduction Posted on 02/21/2019
1st Engrossment Posted on 03/07/2019

Current Version - 1st Engrossment

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A bill for an act
relating to education; sexual health curriculum; requiring commissioner of education
to develop a model program; requiring a report; proposing coding for new law in
Minnesota Statutes, chapter 120B.

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

Section 1.

new text begin [120B.211] SEXUAL HEALTH EDUCATION.
new text end

new text begin Subdivision 1. new text end

new text begin Model program. new text end

new text begin (a) The commissioner of education must, in consultation
with the commissioner of health and other qualified experts, identify one or more model
comprehensive sexual health education programs for elementary and secondary school
students. The commissioner must use the rulemaking process under section 14.389, including
a hearing under subdivision 5, to identify a model program under this section. 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, 2021.
new text end

new text begin (b) The model program must include medically accurate instruction that is age and
developmentally appropriate on:
new text end

new text begin (1) human anatomy, reproduction, and sexual development;
new text end

new text begin (2) consent, bodily autonomy, and healthy relationships, including relationships involving
diverse sexual orientations and gender identities;
new text end

new text begin (3) abstinence and other methods for preventing unintended pregnancy and sexually
transmitted infections; and
new text end

new text begin (4) the relationship between substance use and sexual behavior and health.
new text end

new text begin (c) "Consent" as used in this section means affirmative, conscious, and voluntary
agreement to engage in interpersonal, physical, or sexual activity.
new text end

new text begin (d) The model program must include notification to:
new text end

new text begin (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
new text end

new text begin (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).
new text end

new text begin Subd. 2. new text end

new text begin School programs. new text end

new text begin (a) Starting in the 2021-2022 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:
new text end

new text begin (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;
new text end

new text begin (2) respond to culturally diverse individuals, families, and communities in an inclusive,
respectful, and effective manner; and
new text end

new text begin (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.
new text end

new text begin (b) A school district or charter school that does not adopt the 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:
new text end

new text begin (1) the process the school district or charter school used to develop a sexual health
education program under this section;
new text end

new text begin (2) the written materials used in the school district or charter school's sexual health
education program; and
new text end

new text begin (3) training provided to the instructors of the school district or charter school's sexual
health education program.
new text end

new text begin (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.
new text end

new text begin (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.
new text end

new text begin Subd. 3. new text end

new text begin Parental review. new text end

new text begin A school district or charter school must provide instruction
under this section consistent with the parental curriculum review requirements in section
120B.20.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 2. new text beginSEXUAL HEALTH EDUCATION REPORT.
new text end

new text begin 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:
new text end

new text begin (1) a description of how the model sexual health education program or programs were
identified;
new text end

new text begin (2) assistance provided to school districts and charter schools implementing a sexual
health education program;
new text end

new text begin (3) the number of school districts and charter schools that adopted each model program;
and
new text end

new text begin (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.
new text end

new text begin The commissioner must submit the report no later than January 15, 2022, and must submit
the report in accordance with Minnesota Statutes, section 3.195.
new text end