STATE OF OKLAHOMA

2nd Session of the 53rd Legislature (2012)

HOUSE BILL 2581	By:	McDaniel (Jeannie)

AS INTRODUCED

An Act relating to schools; amending 70 O.S. 2011, Section 11-105.1, which relates to sex education; creating the Healthy Students Act of 2012; defining terms; providing for interpretation; requiring each board of education to provide health instruction in certain grades; requiring each board of education to ensure that staff development program is offered to certain teachers; requiring State Department of Education to make available certain research studies for use in educating students; requiring each board of education to provide certain materials and resource list to parents; encouraging each board of education to work with communities to provide parent education sessions; requiring all materials or tests used for sex education class be made available annually to parents; requiring each school district to provide certain information upon request by an agency or organization; requiring that primary purpose of certain curriculum is to inform students that abstinence is only completely effective protection against unintended pregnancy and sexually transmitted diseases; requiring board of education to approve sex education curriculum; requiring board of education to ensure materials are medically accurate and age-appropriate; establishing minimum criteria for board of education to consider in approving certain materials; and providing an effective date.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     AMENDATORY     70 O.S. 2011, Section 11-105.1, is amended to read as follows:
Section 11-105.1  A.  This section shall be known and may be cited as the “Healthy Students Act of 2012”.
B.  For the purposes of the Healthy Students Act of 2012:
1.  “Age-appropriate” means topics, messages and teaching methods suitable to particular ages or age groups of children and adolescents, based on developing cognitive emotional and behavioral capacity typical for the age or age group; and
2.  “Medically accurate” means curricula and materials that are:  
a.	relevant to informed decision-making based on the weight of scientific evidence,
b.	consistent with generally recognized scientific theory,
c.	conducted under accepted scientific methods,
d.	published in peer-reviewed journals,
e.	recognized as accurate, objective and complete by:
(1)	professional medical organizations, such as the American Medical Association, the American College of Obstetrics and Gynecology, the American Public Health Association, the National Association of School Nurses and the American Academy of Pediatrics,
(2)	governmental agencies, such as the Centers for Disease Control and Prevention, the U.S. Food and Drug Administration, and the National Institutes of Health, and
(3)	scientific advisory groups, such as the Institute of Medicine and the Advisory Committee on Immunization Practices, and
f.	free of racial, ethnic and gender biases.
C.  For purposes of subsection B of this section, the deliberate withholding of information that is needed to protect life and health and that is therefore relevant to informed decision-making shall not be considered medically accurate.
D.  Each board of education shall provide medically accurate and age-appropriate instruction in grades one through twelve in health including instruction regarding human growth and development, sexual health, self-esteem, stress management, interpersonal relationships, domestic abuse prevention, sexually transmitted diseases (STD), including human papilloma virus (HPV), human immunodeficiency virus (HIV) and acquired immune deficiency syndrome (AIDS).
E.  Each board of education shall ensure that the school district periodically offers a staff development program for teachers who provide instruction in curriculum pertaining to the Healthy Students Act of 2012.
F.  The State Department of Education shall make available medically accurate research studies in the area of health and wellness literacy.  The content shall include but not be limited to research on instructional materials and teaching strategies that have proven effective in teaching students the knowledge and skills included in the Healthy Students Act of 2012.  This information shall be used by school districts in educating students in accordance with the Healthy Students Act of 2012.
G.  Each board of education shall provide medically accurate and age-appropriate materials and a list of community and web-based resources to parents at registration and shall also include the materials and resource list in the student handbook.  Each board of education is encouraged to work with their communities to provide voluntary parent education sessions to provide parents with the skills and appropriate strategies to teach their children as described in the Healthy Students Act of 2012.
H.  All curriculum and materials including supplementary materials which will be used to teach or will be used for or in connection with a sex education class or program which is designed for the exclusive purpose of discussing sexual behavior or attitudes, or any test, survey or questionnaire whose primary purpose is to elicit responses on sexual behavior or attitudes shall be made available annually through the superintendent or a designee of the school district for inspection by parents and guardians of the student who will be involved with the class, program or test, survey or questionnaire.  Each school district shall, upon request by any agency or organization, provide information about such curriculum and materials used in each grade level and the procedure for inspecting and updating the instructional materials.  Such curriculum, materials, classes, programs, tests, surveys or questionnaires shall have as one of its primary purposes the teaching of or informing students about the practice of abstinence from sexual intercourse as the only completely effective protection against unintended pregnancy and sexually transmitted diseases including HIV and AIDS when transmitted sexually, while not ignoring students who are or have been sexually active.  The superintendent or a designee of the school district shall provide prior written notification to the parents or guardians of the students involved of their right to inspect the curriculum and material and of their obligation to notify the school in writing if they do not want their child to participate in the class, program, test, survey or questionnaire.  Each local board of education shall determine the means of providing written notification to the parents and guardian which will ensure effective notice in an efficient and appropriate manner.  No student shall be required to participate in a sex education class or program which discusses sexual behavior or attitudes if a parent or guardian of the student objects in writing to such participation.  If the type of program referred to in this section is a part of or is taught during a credit course, a student may be required to enroll in the course but shall not be required to receive instruction in or participate in the program if a parent or guardian objects in writing.
B. I.  The superintendent or a designee board of education of a school district in which sex education is taught or a program is offered which is designed for the exclusive purpose of discussing sexual behavior or attitudes shall approve all curriculum and materials which will be used for such education and any test, survey or questionnaire whose primary purpose is to elicit responses on sexual behavior or attitudes used in the school prior to their use in the classroom or school.  The teacher involved in the class, program, testing or survey shall submit the curriculum, materials, tests or surveys to the superintendent or a designee for approval by the board of education prior to their use in the classroom or school.  This section shall not apply to those students enrolled in classes, programs, testings or surveys offered through an alternative education program.
J.  In approving curricula, materials, tests, surveys and questionnaires, the board of education shall ensure that all items are medically accurate and age-appropriate.  In addition, the board of education shall ensure that at a minimum such curricula, materials, tests, surveys or questionnaires:
1.  For use in grades one through six, include the characteristics of communicable diseases including AIDS;
2.  For use in grades seven through twelve, include the prevention and control of disease, including information regarding sexually transmitted diseases, HPV and the availability of its vaccine, and AIDS;
3.  For use in grades nine through twelve, include accurate information about the health benefits and side effects of all contraceptives and barrier methods used as a means to prevent pregnancy and to reduce the risk of contracting sexually transmitted diseases;
4.  Encourage family communication between parent and child about sexual health;
5.  Teach students the skills to make responsible decisions about sexual health, including how to avoid and effectively reject unwanted verbal, physical, and sexual advances and how to avoid making verbal, physical, and sexual advances that are not wanted by the other party;
6.  Teach students psychologically sound methods of resisting unwanted peer pressure;
7.  Teach students about the dangers of sexual exploitation by means of the Internet including specific strategies to help students protect themselves and their personally identifiable information from such exploitation;
8.  Explore the components of healthy relationships, including the prevention of dating and sexual violence;
9.  Provide information concerning the laws prohibiting sexual abuse, the need to report such abuse and the counseling, medical and legal resources available to survivors of sexual abuse and sexual assault;
10.  Teach students how alcohol and drug use can affect responsible decision-making; and
11.  Provide comprehensive instruction in parenting skills and responsibilities, including the responsibility to pay child support by noncustodial parents, the penalties for nonpayment of child support, and the legal and ethical responsibilities of child care and child rearing.   
SECTION 2.  This act shall become effective November 1, 2012.

53-2-8362	AM	01/09/12