GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2007
H D
HOUSE DRH50165-LE-83 (2/7)
Short Title: Modify School Health Education Program. |
(Public) |
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Sponsors: |
Representatives Fisher, Coleman, Jeffus, and Goodwin (Primary Sponsors). |
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Referred to: |
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A BILL TO BE ENTITLED
AN ACT to amend the statutes pertaining to the school health education program.
Whereas, the American Medical Association (AMA), the American Nurses Association (ANA), the American Academy of Pediatrics (AAP), the American College of Obstetricians and Gynecologists (ACOG), the American Public Health Association (APHA), and the Society of Adolescent Medicine (SAM), support responsible sexuality education that includes information about both abstinence and contraception; and
Whereas, recent scientific reports by the Institute of Medicine, the American Medical Association, and the Office on National AIDS Policy stress the need for sexuality education that includes messages about abstinence and provides young people with information about contraception for the prevention of teen pregnancy, HIV/AIDS, and other sexually transmitted diseases (STDs); and
Whereas, sixty-three percent of North Carolina high school seniors reported having had sexual intercourse at least once; and
Whereas, research shows that teenagers who receive sexuality education that includes discussion of contraception are more likely than those who receive abstinence-only messages to delay sexual activity and to use contraceptives when they do become sexually active; and
Whereas, comprehensive sexuality education programs respect the diversity of values and beliefs represented in the community and will complement and augment the sexuality education children receive from their families; and
Whereas, the median age of puberty is 13 years, and the average age of marriage is over 26 years old; and
Whereas, American teens need access to full, complete, and medically and factually accurate information regarding sexuality, including contraception, STD/HIV prevention, and abstinence; and
Whereas, although teen pregnancy rates are decreasing, there are still between 750,000 and 850,000 teen pregnancies in the United States each year; and
Whereas, there were over 18,000 teen pregnancies among 15- to 19- year-olds in North Carolina in 2005; and
Whereas, North Carolina has the ninth highest teen pregnancy rate for 15- to 19- year-olds in the United States and the nation's highest birthrate among Hispanic teens; and
Whereas, the cost of teen pregnancy in North Carolina, according to the National Campaign to Prevent Teen Pregnancy, is $312,000,000 a year; and
Whereas, between 75 and 90 percent of teen pregnancies among 15- to 19-year-olds are unintended; and
Whereas, studies estimate that 50 to 75 percent of the reduction in adolescent pregnancy rates is attributable to improved contraceptive use; the remainder to increased abstinence; and
Whereas, a study conducted by the North Carolina Department of Public Instruction in October 2003 found that the vast majority of North Carolina parents (more than 90.5%) thought sexuality education should be taught in the public schools; and
Whereas, United States teens and young adults acquire an estimated 4,000,000 sexually transmitted infections each year; and
Whereas, by age 25, at least one of every 12 sexually active people will have contracted a sexually transmitted disease; and
Whereas, more than two young people in the United States are infected with HIV every hour of every day; and
Whereas, African-American and Hispanic youth have been disproportionately affected by the HIV/AIDS epidemic; and
Whereas, although about 15 percent of the adolescent population (ages 13 to 19) in the United States is African-American, nearly 60 percent of AIDS cases through 2002 among 13- to 19-year-olds were among African-Americans; and
Whereas, Hispanics comprise nearly 16 percent of the adolescent population (ages 13 to 19) in the United States and 22 percent of reported adolescent AIDS cases through June 2002; and
Whereas, one in five women in North Carolina will be sexually assaulted in her lifetime; Now, therefore,
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 115C-81(e1) reads as rewritten:
"(e1) School Health Education Program to Be Developed and Administered.
(1) A comprehensive school
health education program shall be developed and taught to pupils students
of the public schools of this State from kindergarten through ninth grade. This
program includes age-appropriate instruction in the following subject areas,
regardless of whether this instruction is described as, or incorporated into a
description of, "family life education", "family health
education", "health education", "family living",
"health", "healthful living curriculum", or "self-esteem":
a. Mental and emotional health;
b. Drug and alcohol abuse prevention;
c. Nutrition;
d. Dental health;
e. Environmental health;
f. Family living;
g. Consumer health;
h. Disease control;
i. Growth and development;
j. First aid and emergency care, including the teaching of cardiopulmonary resuscitation (CPR) and the Heimlich maneuver by using hands-on training with mannequins so that students become proficient in order to pass a test approved by the American Heart Association, or American Red Cross;
k. Preventing unintended pregnancy and sexually transmitted diseases, including HIV/AIDS, and other communicable diseases;
l. Abstinence
until marriage education; andAbstinence-based comprehensive sexual
health education;
m. Bicycle safety.safety;
and
n. Awareness of sexual abuse and assault and risk reduction.
(1a) As used in this subsection, "HIV/AIDS" means Human Immunodeficiency Virus/Acquired Immune Deficiency Syndrome.
(2) The State Board of Education shall supervise the development and operation of a statewide comprehensive school health education program including curriculum development, in-service training provision and promotion of collegiate training, learning material review, and assessment and evaluation of local programs in the same manner as for other programs. The State Board of Education shall adopt objectives for the instruction of the subject areas listed in subdivision (1) of this subsection that are appropriate for each grade level. In addition, the State Board shall approve textbooks and other materials incorporating these objectives that local school administrative units may purchase with State funds. The State Board of Education, through the Department of Public Instruction, shall, on a regular basis, review materials related to these objectives, and distribute these reviews to local school administrative units for their information.
(2a) Local school administrative units shall provide comprehensive sexual health education, consisting of age-appropriate instruction, in grades seven to 12 inclusive, using instructors trained in the appropriate courses. Students shall receive instruction in grades seven and eight and in one additional year.
(2b) The unit's comprehensive sexual health education shall satisfy all of the following criteria:
a. Instruction and materials shall be age appropriate.
b. All information presented shall be factually and medically accurate and objective.
c. Instruction and materials shall be appropriate for use with students of all races, genders, sexual orientations, ethnic and cultural backgrounds, and with students with disabilities.
d. Instruction and materials shall encourage a pupil to communicate with his or her parents or guardians about human sexuality.
e. Instruction and materials shall teach respect for marriage and committed relationships.
f. Commencing in grade seven, instruction and materials shall teach that abstinence from sexual intercourse is the only certain way to prevent unintended pregnancy, teach that abstinence from sexual activity is the only certain way to prevent the sexual transmission of diseases, and provide information about the value of abstinence.
g. Commencing in grade seven, instruction and materials shall provide information about sexually transmitted diseases. This instruction shall include how sexually transmitted diseases are and are not transmitted, the effectiveness and safety of all federal Food and Drug Administration (FDA) approved methods of reducing the risk of contracting sexually transmitted diseases, and information on local resources for testing and medical care for sexually transmitted diseases.
h. Commencing in grade seven, instruction and materials shall provide information about the effectiveness and safety of all FDA-approved contraceptive methods in preventing pregnancy, including, but not limited to, emergency contraception.
i. Commencing in grade seven, instruction and materials shall provide students with skills for making and implementing responsible decisions about sexuality.
j. Commencing in grade seven, instruction and materials shall provide students with information on the law on surrendering physical custody of a minor child 72 hours or younger, pursuant to G.S. 15A-540.
(2c) A school unit that elects to offer comprehensive sexual health education pursuant to subdivision (2a) of this subsection earlier than grade seven may provide age appropriate and medically accurate information on any of the general topics contained in sub-subdivisions f. through j. of subdivision (2b) of this subsection.
(2d) The school unit shall offer comprehensive sexual health education pursuant to subdivision (2a) of this subsection and shall comply with the following:
a. Instruction and materials shall not reflect or promote bias against any person on the basis of sex, ethnic group identification, race, national origin, religion, color, sexual orientation, gender identity, or mental or physical disability.
b. A school unit shall ensure that all students in grades seven to 12, inclusive, receive HIV/AIDS prevention education from an instructor trained in the appropriate courses. Each student shall receive this instruction at least once in junior high or middle school and at least once in high school.
c. HIV/AIDS prevention education shall satisfy all of the criteria set forth in sub-subdivisions a. through e. of subdivision (2b) of this subsection and sub-subdivisons a. and b. of subdivision (2d) of this subsection, shall accurately reflect the latest information and recommendations from the United States Surgeon General, the federal Centers for Disease Control and Prevention, and the National Academy of Sciences, and shall include the following:
1. Information on the nature of HIV/AIDS and its effects on the human body.
2. Information on the manner in which HIV is and is not transmitted, including information on activities that present the highest risk of HIV infection.
3. Discussion of methods to reduce the risk of HIV infection. This instruction shall emphasize that sexual abstinence, monogamy, the avoidance of multiple sexual partners, and abstinence from intravenous drug use are the most effective means for HIV/AIDS prevention, but shall also include statistics based upon the latest medical information citing the success and failure rates of condoms and other contraceptives in preventing sexually transmitted HIV infection.
4. Discussion of the public health issues associated with HIV/AIDS.
5. Information on local resources for HIV testing and medical care.
6. Development of refusal skills to assist students in overcoming peer pressure and using effective decision-making skills to avoid high-risk activities.
7. Discussion about societal views, including stereotypes and common misconceptions regarding persons with HIV/AIDS.
(3) The State
Board of Education shall develop objectives for instruction in the prevention
of sexually transmitted diseases, including HIV/AIDS, that include emphasis on
the importance of parental involvement, abstinence from sex until marriage, and
avoiding intravenous drug use. Any program developed under this subdivision
shall present techniques and strategies to deal with peer pressure and to offer
positive reinforcement and shall teach reasons, skills, and strategies for
remaining or becoming abstinent from sexual activity; for appropriate grade
levels and classes, shall teach that abstinence from sexual activity until
marriage is the only certain means of avoiding out-of-wedlock pregnancy,
sexually transmitted diseases when transmitted through sexual contact, and
other associated health and emotional problems, and that a mutually faithful
monogamous heterosexual relationship in the context of marriage is the best
lifelong means of avoiding diseases transmitted by sexual contact, including
HIV/AIDS, shall teach how alcohol and drug use lower inhibitions, which may
lead to risky sexual behavior, and shall teach the positive benefits of
abstinence until marriage and the risks of premarital sexual activity.
(4) The State
Board of Education shall evaluate abstinence until marriage curricula and their
learning materials and shall develop and maintain a recommended list of one or
more approved abstinence until marriage curricula. The State Board may develop
an abstinence until marriage program to include on the recommended list. The
State Board of Education shall not select or develop a program for inclusion on
the recommended list that does not include the positive benefits of abstinence
until marriage and the risks of premarital sexual activity as the primary
focus. The State Board shall include on the recommended list only programs that
include, in appropriate grades and classes, instruction that:
a. Teaches
that abstinence from sexual activity outside of marriage is the expected
standard for all school-age children;
b. Presents
techniques and strategies to deal with peer pressure and offering positive
reinforcement;
c. Presents
reasons, skills, and strategies for remaining or becoming abstinent from sexual
activity;
d. Teaches
that abstinence from sexual activity is the only certain means of avoiding out-of-wedlock
pregnancy, sexually transmitted diseases when transmitted through sexual
contact, including HIV/AIDS, and other associated health and emotional
problems;
e. Teaches
that a mutually faithful monogamous heterosexual relationship in the context of
marriage is the best lifelong means of avoiding sexually transmitted diseases,
including HIV/AIDS;
f.
Teaches the positive benefits of abstinence until marriage and the risks of
premarital sexual activity;
g. Provides
opportunities that allow for interaction between the parent or legal guardian
and the student; and
h. Provides
factually accurate biological or pathological information that is related to
the human reproductive system.
(5) The State Board of Education shall make available to all local school administrative units for review by the parents and legal guardians of students enrolled at that unit any State-developed objectives for instruction, any approved textbooks, the list of reviewed materials, and any other State-developed or approved materials that pertain to or are intended to impart information or promote discussion or understanding in regard to the prevention of sexually transmitted diseases, including HIV/AIDS, to the avoidance of out-of-wedlock pregnancy, or to the abstinence until marriage curriculum. The review period shall extend for at least 60 days before use.
(6) Each local school
administrative unit shall provide a comprehensive school health education
program that meets all the requirements of this subsection and all the
objectives established by the State Board. Each local board of education may
expand on the subject areas to be included in the program and on the
instructional objectives to be met. This expanded program may include a
comprehensive sex education program for that local school administrative unit
only if all of the following requirements are satisfied:
a. Before
a comprehensive sex education program is adopted, the local board of education
shall conduct a public hearing, after adequately notifying the public of the
hearing.
b. For
at least 30 days before this public hearing and during this public hearing, the
objectives for this proposed program and all instructional materials shall be
made available for review.
c. For
at least 30 days after the public hearing, the objectives for the program and
all instructional materials shall remain available for review by parents and
legal guardians of students in that local school administrative unit.
(7) Each school year,
before students may participate in any portion of (i) a program that pertains
to or is intended to impart information or promote discussion or understanding
in regard to the prevention of sexually transmitted diseases, including
HIV/AIDS, or to the avoidance of out-of-wedlock pregnancy, (ii) an
abstinence until marriage program, abstinence-based comprehensive sexual
health education, or (iii) a comprehensive sex education program, whether
developed by the State or by the local board of education, the parents and
legal guardians of those students shall be given an opportunity to review the
objectives and materials. Local boards of education shall adopt policies to
provide opportunities either for parents and legal guardians to consent or for
parents and legal guardians to withhold their consent to the students'
participation in any or all of these programs.
(8) Students may receive
information about where to obtain contraceptives and abortion referral services
only in accordance with a local board's policy regarding parental consent. Any
instruction concerning the use of contraceptives or prophylactics shall provide
accurate statistical information on their effectiveness and failure rates for
preventing pregnancy and sexually transmitted diseases, including HIV/AIDS, in
actual use among adolescent populations and shall explain clearly the
difference between risk reduction and risk elimination through abstinence. The
Department of Health and Human Services shall provide the most current
available information at the beginning of each school year.
(9) Contraceptives, including condoms and other devices, shall not be made available or distributed on school property.
(10) School health coordinators may be employed to assist in the instruction of any portion of the comprehensive school health education program. Where feasible, a school health coordinator should serve more than one local school administrative unit. Each person initially employed as a State-funded school health coordinator after June 30, 1987, shall have a degree in health education.
(11) The State Board of Education shall develop objectives for instruction in the awareness of sexual assault and abuse. As used in this subdivision, "sexual assault" means any unwanted sexual contact.The curriculum, textbooks, and materials for the program shall:
a. Inform students about relevant school policies, complaint procedures, and existing laws;
b. Examine the concept of consent, including the forms coercion can take, sexual harassment, and typical strategies people might use to pressure someone into unwanted touching and sexual activity;
c. Examine common misconceptions and stereotypes about sexual assault and promote victim empathy;
d. Explore the contribution that alcohol and drugs may play in sexual assault;
e. Focus on healthy relationships as well as understanding what sexual assault, sexual harassment, and unwanted touching are and their causes; and
f. Provide information on national and local resources to help those victimized by sexual assault.
(12) Enforcement. - If the school unit knows or should have known that school personnel or outside consultants are not in compliance with this subsection, the board shall:
a. Terminate the contract of the outside consultant;
b. Prohibit noncompliant school personnel from program instruction; or
c. Take other appropriate action necessary to ensure compliance with this subsection."
SECTION 2. This act becomes effective July 1, 2007, and applies beginning with the 2007-2008 school year.