Hawaii-2011-HB685-Introduced

SECTION 1. The legislature finds that sexuality health education promotes healthy attitudes on adolescent growth and development, body image, gender and sexuality, dating, relationships, and family. The legislature also finds that sexuality health education should positively affect adolescent behavior and provide teens with the information, skills, and support they need to develop positive values, make healthy decisions, and respect the important role that sexuality plays throughout a person's life. Within the past three years, several states, including Hawaii, have enacted laws that require school districts that teach sexuality health education to include age appropriate, medically accurate health education. The legislature finds that the effectiveness of sexuality health education in Hawaii's schools could be bolstered by providing clearer guidance on a comprehensive approach to sexuality health education, greater flexibility in the implementation of the curricula, and greater public access to the curricula.

The purpose of this Act is to:

(1) Specify additional elements of Hawaii's existing sexuality health education law and implementation of the instruction;

(2) Require the department of education to provide information on the curricula to the public; and

(3) Allow parents to request that their children not receive the sexuality health education provided pursuant to Hawaii's sexuality health education law.

SECTION 2. Section 321-11.1, Hawaii Revised Statutes, is amended to read as follows:

"[[]§321-11.1[]] Medically accurate sexuality health education. (a) Sexuality health education programs funded by the State shall provide medically accurate and factual information that [is]:

(1) Is age appropriate [~~and includes~~];

(2) Includes education on abstinence, contraception, and methods of disease prevention to prevent unintended pregnancy and sexually transmitted disease, including human immunodeficiency virus[.];

(3) Helps students develop relationships and communication skills to form healthy relationships that are based on mutual respect and affection and are free from violence, coercion, and intimidation;

(4) Helps students develop skills in critical thinking, problem solving, decision making, and stress management to make healthy decisions about sexuality and relationships; and

(5) Encourages students to communicate with their parents, guardians, and other trusted adults about sexuality and intimate relations.

(b) Each public elementary, secondary, and alternative school operated by the department of education shall provide sexuality health education described under subsection (a).

(c) At their own discretion, teachers may answer in good faith any question initiated by a student or students that is reasonably related to and consistent with the material of a course provided pursuant to subsection (a).

(d) The department of health, in consultation with the department of education, may eliminate or modify components of instruction under subsection (a)(2) in elementary school for reasons of age appropriateness.

(e) Sexuality health education under subsection (a) shall not discriminate on the basis of sex, race, ethnicity, national origin, disability, religion, sexual orientation, or gender identity.

(f) The department of health, in consultation with the department of education, shall develop, maintain, and make available to the public a current list of sexuality health education curricula that are consistent with the requirements under subsection (a).

(g) A student shall be excused from any part of the instruction provided pursuant to this section only upon the written request of the student's parent or legal guardian. A student may not be subject to disciplinary action, academic penalty, or other sanction if the student's parent or legal guardian requests that the student not receive the instruction provided under this section.

(h) The department of health shall adopt rules pursuant to chapter 91 necessary to carry out the purposes of this section. The department of health, in consultation with the department of education, shall establish minimum education and training qualifications for sexuality health education teachers.

[~~(b)~~] (i) For the purposes of this section:

"Age appropriate" means suitable to a particular age or age group based on developing cognitive, emotional, and behavioral capacity typical for that age or age group.

"Factual information" means medical, psychiatric, psychological, empirical, or statistical information that is verified or supported by research conducted by recognized medical, psychiatric, psychological, and public health professionals or organizations.

"Medically accurate" means verified or supported by research conducted in compliance with accepted scientific methods and recognized as accurate and objective by professional organizations and agencies with expertise in the relevant field, such as the federal Centers for Disease Control and Prevention, the American Public Health Association, the American Academy of Pediatrics, and the American College of Obstetricians and Gynecologists.

"Sexuality health education" means education in any medium regarding human development and sexuality, including education on pregnancy, family planning, and sexually transmitted diseases."

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

HOUSE OF REPRESENTATIVES	H.B. NO.	685
TWENTY-SIXTH LEGISLATURE, 2011
STATE OF HAWAII