Bill Text: MS HB1233 | 2016 | Regular Session | Introduced
Bill Title: Sex-related education; require SDE and MDH to maintain established protocol and programs related to and review task force efficiency.
Sponsorship: Partisan Bill (Republican 3)
Status: (Failed) 2016-02-23 - Died In Committee [HB1233 Detail]
Download: Mississippi-2016-HB1233-Introduced.html
MISSISSIPPI LEGISLATURE
2016 Regular Session
To: Education
By: Representative Henley
House Bill 1233
AN ACT TO AMEND SECTIONS 37-13-171 AND 41-79-53, MISSISSIPPI CODE OF 1972, WHICH ARE PROVISIONS RELATING TO THE CURRICULUM FOR SEX-RELATED EDUCATION IN PUBLIC SCHOOLS; TO REQUIRE THE STATE DEPARTMENT OF EDUCATION AND THE MISSISSIPPI DEPARTMENT OF HEALTH TO MAINTAIN THE ESTABLISHED PROTOCOLS AND PROGRAMS IMPLEMENTED TO PROVIDE CONTINUITY IN TEACHING THE APPROVED CURRICULUM AND THE DISSEMINATION OF INFORMATION TO STUDENTS AND PARENTS; TO EXTEND THE REPEALER ON THE PROVISION REQUIRING DISTRICTS TO ADOPT A DEFINITE SEX-RELATED EDUCATION CURRICULUM TO 2019; TO BRING FORWARD SECTION 37-13-173, MISSISSIPPI CODE OF 1972, FOR THE PURPOSE OF POSSIBLE AMENDMENTS; TO AMEND SECTION 41-79-51, MISSISSIPPI CODE OF 1972, TO REQUIRE THE JOINT LEGISLATIVE COMMITTEE ON PERFORMANCE EVALUATION AND EXPENDITURE REVIEW (PEER) TO CONDUCT A REVIEW OF THE EFFICACY OF THE TEEN PREGNANCY PREVENTION TASK FORCE IN THE PERFORMANCE OF ITS DUTIES AND TO MAKE RECOMMENDATIONS TO THE LEGISLATURE WHETHER TO DISSOLVE THE TASK FORCE; TO EXTEND THE REPEALER ON THE TASK FORCE TO 2017; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 37-13-171, Mississippi Code of 1972, is amended as follows:
37-13-171. (1) The local
school board of every public school district shall adopt a policy to implement
abstinence-only or abstinence-plus education into its curriculum by June 30,
2012, which instruction in those subjects shall be implemented not later than
the start of the 2012-2013 school year or the local school board shall adopt
the program which has been developed by the Mississippi Department of Human
Services and the Mississippi Department of Health. The State Department of
Education shall approve each district's curriculum for sex-related education
and shall maintain the established * * * protocol * * * used by districts to provide continuity
in teaching the approved curriculum in a manner that is age, grade and
developmentally appropriate.
(2) Abstinence-only education shall remain the state standard for any sex-related education taught in the public schools. For purposes of this section, abstinence-only education includes any type of instruction or program which, at an appropriate age and grade:
(a) Teaches the social, psychological and health gains to be realized by abstaining from sexual activity, and the likely negative psychological and physical effects of not abstaining;
(b) Teaches the harmful consequences to the child, the child's parents and society that bearing children out of wedlock is likely to produce, including the health, educational, financial and other difficulties the child and his or her parents are likely to face, as well as the inappropriateness of the social and economic burden placed on others;
(c) Teaches that unwanted sexual advances are irresponsible and teaches how to reject sexual advances and how alcohol and drug use increases vulnerability to sexual advances;
(d) Teaches that abstinence from sexual activity before marriage, and fidelity within marriage, is the only certain way to avoid out-of-wedlock pregnancy, sexually transmitted diseases and related health problems. The instruction or program may include a discussion on condoms or contraceptives, but only if that discussion includes a factual presentation of the risks and failure rates of those contraceptives. In no case shall the instruction or program include any demonstration of how condoms or other contraceptives are applied;
(e) Teaches the current state law related to sexual conduct, including forcible rape, statutory rape, paternity establishment, child support and homosexual activity; and
(f) Teaches that a mutually faithful, monogamous relationship in the context of marriage is the only appropriate setting for sexual intercourse.
(3) A program or instruction on sex-related education need not include every component listed in subsection (2) of this section for abstinence-only education. However, no program or instruction under an abstinence-only curriculum may include anything that contradicts the excluded components. For purposes of this section, abstinence-plus education includes every component listed under subsection (2) of this section that is age and grade appropriate, in addition to any other programmatic or instructional component approved by the department, which shall not include instruction and demonstrations on the application and use of condoms. Abstinence-plus education may discuss other contraceptives, the nature, causes and effects of sexually transmitted diseases, or the prevention of sexually transmitted diseases, including HIV/AIDS, along with a factual presentation of the risks and failure rates.
(4) Any course containing sex-related education offered in the public schools shall include instruction in either abstinence-only or abstinence-plus education.
(5) Local school districts, in their discretion, may host programs designed to teach parents how to discuss abstinence with their children.
(6) There shall be no effort in either an abstinence-only or an abstinence-plus curriculum to teach that abortion can be used to prevent the birth of a baby.
(7) At all times when sex-related education is discussed or taught, boys and girls shall be separated according to gender into different classrooms, sex-related education instruction may not be conducted when boys and girls are in the company of any students of the opposite gender.
(8) This section shall
stand repealed on July 1, * * *2016 2019.
SECTION 2. Section 41-79-53, Mississippi Code of 1972, is amended as follows:
41-79-53. (1) The
Mississippi Department of Human Services shall * * * maintain established programs to
accomplish the purpose of one or more of the following strategies:
(a) Promoting effective communication among families about preventing teen pregnancy, particularly communication among parents or guardians and their children;
(b) Educating community members about the consequences of unprotected, uninformed and underage sexual activity and teen pregnancy;
(c) Encouraging young people to postpone sexual activity and prepare for a healthy, successful adulthood, including teaching them skills to avoid making or receiving unwanted verbal, physical, and sexual advances;
(d) Providing medically accurate information about the health benefits and side effects of all contraceptives and barrier methods as a means to prevent pregnancy and reduce the risk of contracting sexually transmitted infections, including HIV/AIDS; or
(e) Providing educational information, including medically accurate information about the health benefits and side effects of all contraceptives and barrier methods, for young people in those communities who are already sexually active or are at risk of becoming sexually active and inform young people in those communities about the responsibilities and consequences of being a parent, and how early pregnancy and parenthood can interfere with educational and other goals.
(2) The State Department of Health shall develop programs with the following strategies:
(a) To carry out activities, including counseling, to prevent unintended pregnancy and sexually transmitted infections, including HIV/AIDS, among teens;
(b) To provide necessary social and cultural support services regarding teen pregnancy;
(c) To provide health and educational services related to the prevention of unintended pregnancy and sexually transmitted infections, including HIV/AIDS, among teens;
(d) To promote better health and educational outcomes among pregnant teens; and
(e) To provide training for individuals who plan to work in school-based support programs regarding the prevention of unintended pregnancy and sexually transmitted infections, including HIV/AIDS, among teens.
(3) It shall be the responsibility of school nurses employed by local school districts implementing the program developed by the State Department of Health under subsection (2) of this section to carry out the functions of those strategies to promote consistency in the administration of the program.
SECTION 3. Section 37-13-173, Mississippi Code of 1972, is brought forward as follows:
37-13-173. Each school providing instruction or any other presentation on human sexuality in the classroom, assembly or other official setting shall be required to provide no less than one (1) week's written notice thereof to the parents of children in such programs of instruction. The written notice must inform the parents of their right to request the inclusion of their child for such instruction or presentation. The notice also must inform the parents of the right, and the appropriate process, to review the curriculum and all materials to be used in the lesson or presentation. Upon the request of any parent, the school shall excuse the parent's child from such instruction or presentation, without detriment to the student.
SECTION 4. Section 41-79-51, Mississippi Code of 1972, is amended as follows:
41-79-51. (1) There is created the Teen Pregnancy Prevention Task Force to study and make recommendation to the Legislature on the implementation of sex-related educational courses through abstinence-only or abstinence-plus education into the curriculum of local school districts and the coordination of services by certain state agencies to reduce teen pregnancy and provide prenatal and postnatal training to expectant teen parents in Mississippi. The task force shall make an annual report of its findings and recommendations to the Legislature beginning with the 2012 Regular Session.
(2) The task force shall be composed of the following seventeen (17) members:
(a) The Chairmen of the Senate and House Public Health and Welfare Committees, or their designees;
(b) The Chairmen of the Senate and House Education Committees, or their designees;
(c) The Chairman of the House Select Committee on Poverty;
(d) One (1) member of the Senate appointed by the Lieutenant Governor;
(e) The Executive Director of the Department of Human Services, or his or her designee;
(f) The State Health Officer, or his or her designee;
(g) The State Superintendent of Public Education, or his or her designee;
(h) The Executive Director of the Division of Medicaid, or his or her designee;
(i) The Executive Director of the State Department of Mental Health, or his or her designee;
(j) The Vice Chancellor for Health Affairs and Dean of the University of Mississippi Medical Center School of Medicine, or his or her designee;
(k) Two (2) representatives of the private health or social services sector appointed by the Governor;
(l) One (1) representative of the private health or social services sector appointed by the Lieutenant Governor;
(m) One (1) representative of the private health or social services sector appointed by the Speaker of the House of Representatives; and
(n) One (1) representative from a local community-based youth organization that teaches or has taught a federal or local school district approved curriculum.
(3) Appointments shall be made within thirty (30) days after July 1, 2011, and, within fifteen (15) days thereafter on a day to be designated jointly by the Speaker of the House and the Lieutenant Governor, the task force shall meet and organize by selecting from its membership a chairman and a vice chairman. The vice chairman shall also serve as secretary and shall be responsible for keeping all records of the task force. A majority of the members of the task force shall constitute a quorum. In the selection of its officers and the adoption of rules, resolutions and reports, an affirmative vote of a majority of the task force shall be required. All members shall be notified in writing of all meetings, the notices to be mailed at least fifteen (15) days before the date on which a meeting is to be held. If a vacancy occurs on the task force, the vacancy shall be filled in the manner that the original appointment was made.
(4) Members of the task force who are not legislators, state officials or state employees shall be compensated at the per diem rate authorized by Section 25-3-69 and shall be reimbursed in accordance with Section 25-3-41 for mileage and actual expenses incurred in the performance of their duties. Legislative members of the task force shall be paid from the contingent expense funds of their respective houses in the same manner as provided for committee meetings when the Legislature is not in session. However, no per diem or expense for attending meetings of the task force may be paid to legislative members of the task force while the Legislature is in session. No task force member may incur per diem, travel or other expenses unless previously authorized by vote, at a meeting of the task force, which action shall be recorded in the official minutes of the meeting. Nonlegislative members shall be paid from any funds made available to the task force for that purpose.
(5) The task force shall use clerical and legal staff already employed by the Legislature and any other staff assistance made available to it by the Department of Health, the Mississippi Department of Human Services, the Department of Mental Health, the State Department of Education and the Division of Medicaid. To effectuate the purposes of this section, any department, division, board, bureau, commission or agency of the state or of any political subdivision thereof shall, at the request of the chairman of the task force, provide to the task force such facilities, assistance and data as will enable the task force properly to carry out its duties.
(6) In order to carry out the functions and responsibilities necessary to study and make recommendations to the Legislature, the Teen Pregnancy Prevention Task Force shall:
(a) Form task force subgroups based on specific areas of expertise;
(b) Review and consider coordinated services and plans and related studies done by or through existing state agencies and advisory, policy or research organizations to reduce teen pregnancy and provide the necessary prenatal and postnatal training to expectant teen parents;
(c) Review and consider statewide and regional planning initiatives related to teen pregnancy;
(d) Consider efforts of stakeholder groups to comply with federal requirements for coordinated planning and service delivery;
(e) Evaluate the implementation of sex-related educational courses through abstinence-only or abstinence-plus education in local school districts throughout the state;
(f) Evaluate the effect of the adoption of a required sex education policy on teen pregnancy rates and dropout rates due to teen pregnancy on the local school district and statewide levels;
(g) Compare and analyze data in districts adopting and implementing abstinence-only education to districts adopting abstinence-plus education;
(h) Require the Department of Health, the Mississippi Department of Human Services, the Department of Mental Health, the State Department of Education and the Division of Medicaid to conduct a study of community programs available throughout the state, and the areas wherein they are located, which provide programs of instruction on sexual behavior and assistance to teen parents; and
(i) Work through the Department of Health, the Mississippi Department of Human Services, the Department of Mental Health, the State Department of Education and the Division of Medicaid to cause any studies, assessments and analyses to be conducted as may be deemed necessary by the task force.
(7) The Joint Legislative Committee on Performance Evaluation and Expenditure Review (PEER) shall conduct a review of the Teen Pregnancy Prevention Task Force and assess the efficacy of the task force in the performance of its assigned duties and the productivity of recommendations presented in compliance with the information required to be included in the annual report. Upon completion of its review the PEER staff shall submit its findings and recommendation on the task force to the Governor, Lieutenant Governor, Speaker of the House and Chairmen of Senate and House Education committees, which shall include a determination of whether the task force should be dissolved, for consideration of the 2017 Regular Session of the Legislature.
( * * *8) This section shall stand repealed
on July 1, * * *
2017.
SECTION 5. This act shall take effect and be in force from and after July 1, 2016.
