Bill Text: FL S1502 | 2010 | Regular Session | Introduced
Bill Title: Public Schools/Human Sexuality Education [SPSC]
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Failed) 2010-04-30 - Died in Committee on Education Pre-K - 12 [S1502 Detail]
Download: Florida-2010-S1502-Introduced.html
Florida Senate - 2010 (Corrected Copy) SB 1502 By Senators Smith, Deutch, Rich, and Joyner 30-00248-10 20101502__ 1 A bill to be entitled 2 An act relating to education in public schools 3 concerning human sexuality; providing a short title; 4 providing definitions; requiring public schools that 5 provide certain information or programs to students 6 concerning human sexuality to provide information that 7 meets specified criteria; providing an exemption for 8 certain students; providing a process to review 9 compliance with such requirement; authorizing parents 10 and guardians to seek review of a school’s compliance; 11 providing for school superintendents, district school 12 boards, and the Commissioner of Education to review 13 compliance and corrective actions; providing for 14 severability; providing an effective date. 15 16 WHEREAS, one in four teenage girls in the United States has 17 a sexually transmitted disease according to the Centers for 18 Disease Control and Prevention, and 19 WHEREAS, Florida has the third highest rate of AIDS and 20 fifth highest rate of HIV in the nation according to the Centers 21 for Disease Control and Prevention, and 22 WHEREAS, in 2007, persons under the age of 25 accounted for 23 15 percent of new HIV infections in Florida, and 24 WHEREAS, according to the Department of Health, youth 25 accounted for 65.5 percent of new sexually transmitted disease 26 infections in Florida in 2007, and 27 WHEREAS, Florida has the sixth highest rate of teenage 28 pregnancy in the nation according to the Guttmacher Institute, 29 and 30 WHEREAS, the Legislature recognizes that between 1991 and 31 2004 there have been more than 354,000 births to teenagers in 32 Florida, costing taxpayers a total of $8.1 billion over this 33 period, according to the National Campaign to Prevent Teen and 34 Unplanned Pregnancy, and 35 WHEREAS, the Legislature recognizes that several recent 36 studies have found abstinence-only programs to be ineffective, 37 including a 2007 study that was commissioned by the Federal 38 Government and conducted by Mathematica Policy Research Inc., 39 and 40 WHEREAS, the federal budget for the 2010 fiscal year 41 eliminates funding for abstinence-only programs and invests in 42 medically accurate and age-appropriate prevention programs for 43 teen pregnancy and sexually transmitted infections among 44 adolescents which have been proven effective, and 45 WHEREAS, Florida must prioritize state-based effective 46 models and strategies for evidence-based teen pregnancy and 47 disease prevention in order to be competitive for federal 48 funding, NOW, THEREFORE, 49 50 Be It Enacted by the Legislature of the State of Florida: 51 52 Section 1. The Florida Healthy Teens Act.— 53 (1) This section may be cited as the “Florida Healthy Teens 54 Act.” 55 (2)(a) Any public school that receives state funding 56 directly or indirectly and that provides information, offers 57 programs, or contracts with third parties to provide information 58 or offer programs regarding family planning, pregnancy, or 59 sexually transmitted infections, including HIV and AIDS, shall 60 provide comprehensive, medically accurate, and factual 61 information that is age-appropriate. 62 (b) The parent or legal guardian of a student who attends a 63 public school described in paragraph (a) may provide a written 64 request to the school principal to exempt his or her child from 65 instruction concerning reproductive health or sexually 66 transmitted disease, including HIV/AIDS, in accordance with s. 67 1003.42(3), Florida Statutes. 68 (3) As used in this section, the term: 69 (a) “Comprehensive information” means information that: 70 1. Helps young people gain knowledge about the physical, 71 biological, and hormonal changes of adolescence and subsequent 72 stages of human maturation; 73 2. Develops the knowledge and skills necessary to ensure 74 and protect young people with respect to their sexual and 75 reproductive health; 76 3. Helps young people gain knowledge about responsible 77 decisionmaking; 78 4. Is appropriate for use with students of any race, 79 gender, sexual orientation, and ethnic and cultural background; 80 5. Develops healthy attitudes and values concerning growth, 81 development, and body image; 82 6. Encourages young people to practice healthy life skills, 83 including goal setting, decisionmaking, negotiation, and 84 communication; 85 7. Promotes self-esteem and positive interpersonal skills, 86 focusing on skills concerning human relationships and 87 interactions, including platonic, romantic, intimate, and family 88 relationships and interactions, and how to avoid abusive 89 relationships and interactions; 90 8. Teaches that abstinence is the only certain way to avoid 91 pregnancy or sexually transmitted diseases; and 92 9. Commences in the 6th grade and: 93 a. Emphasizes the value of abstinence while not ignoring 94 those adolescents who have had sexual intercourse and who 95 thereafter may or may not remain sexually active; 96 b. Helps young people gain knowledge about the specific 97 involvement and responsibilities of sexual decisionmaking for 98 both genders; 99 c. Provides information about the health benefits and side 100 effects of all contraceptives and barrier-protection methods as 101 a means of preventing pregnancy and reducing the risk of 102 contracting sexually transmitted infections, including HIV and 103 AIDS; 104 d. Encourages family communication about sexuality among 105 parents, their children, and other adult household members; 106 e. Teaches skills for making responsible decisions about 107 sexuality, including how to avoid unwanted verbal, physical, and 108 sexual advances and how to avoid making unwanted verbal, 109 physical, and sexual advances; and 110 f. Teaches how alcohol and drug use may affect responsible 111 decisionmaking. 112 (b) “Factual information” includes, but is not limited to, 113 medical, psychiatric, psychological, empirical, and statistical 114 statements. 115 (c) “Medically accurate information” means information 116 supported by the weight of research conducted in compliance with 117 generally accepted scientific methods and recognized as accurate 118 and objective by leading professional organizations and agencies 119 having relevant expertise in the field. 120 (4)(a) The parent or guardian of a student enrolled in a 121 school that is subject to the requirements of subsection (2) who 122 believes that the school is not complying with those 123 requirements may file a complaint with the district school 124 superintendent. Within 30 days after receipt of the complaint, 125 the superintendent shall take any warranted corrective action 126 and provide the complainant and the school principal with 127 written notice of the corrective action, if any, which was 128 taken. 129 (b) A parent or guardian who is not satisfied with the 130 district school superintendent’s response to the complaint may 131 file an appeal with the district school board within 30 days 132 after receiving the superintendent’s written notice of any 133 corrective action or, if notice was not timely provided under 134 paragraph (a), within 60 days after the date the complaint was 135 filed with the superintendent. Within 30 days after receipt of 136 an appeal under this paragraph, the school board shall take any 137 warranted corrective action and provide the complainant and the 138 superintendent with a written notice of what, if any, corrective 139 action was taken. 140 (c) A parent or guardian who is not satisfied with the 141 district school board’s response to such an appeal may file an 142 appeal with the Commissioner of Education within 30 days after 143 receiving the district school board’s written notice of any 144 corrective action or, if notice was not timely provided under 145 paragraph (b), within 60 days after the appeal was filed with 146 the school board. The Commissioner of Education shall 147 investigate the claim and make a finding regarding compliance 148 with subsection (2). Upon a finding of substantial 149 noncompliance, the commissioner shall take corrective action, 150 including, but not limited to, notifying the parents and 151 guardians of all students enrolled in the school that the school 152 is in violation of state law. 153 Section 2. If any provision of this act or its application 154 to any person or circumstance is held invalid, the invalidity 155 does not affect the remaining provisions or applications of the 156 act which can be given effect without the invalid provision or 157 application, and to this end the provisions of this act are 158 severable. 159 Section 3. This act shall take effect July 1, 2010.
