GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2007

S                                                                                                                                                     1

SENATE BILL 1182

 

 

 

 

Short Title:     Modify School Health Education Program.

(Public)

Sponsors:

Senators Garrou;  Cowell, Dorsett, Hagan, Kinnaird, and Purcell.

Referred to:

Education/Public Instruction.

March 22, 2007

A BILL TO BE ENTITLED

AN ACT to amend the statutes pertaining to the school health education program.

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.