STATE OF OKLAHOMA

1st Session of the 53rd Legislature (2011)

SENATE BILL 535	By:	Johnson (Constance)

AS INTRODUCED

An Act relating to school curriculum; amending 70 O.S. 2001, Section 11-105.1, which relates to sex education in public schools; creating the Adolescent Pregnancy Prevention Act of 2011; providing short title; requiring school boards to provide age-appropriate instruction on human growth and development; requiring school boards to provide staff development instruction in human growth and development; requiring the State Department of Education to provide information about certain programs; providing certain criteria for curriculum used; requiring school boards to ensure all curricula is age-appropriate; providing religious exception; providing definition; providing an effective date; and declaring an emergency.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     AMENDATORY     70 O.S. 2001, Section 11-105.1, is amended to read as follows:
Section 11-105.1  A.  This act shall be known and may be cited as the “Adolescent Pregnancy Prevention Act of 2011”.
B.  Each school board shall provide age-appropriate instruction in human growth and development, including instruction regarding human sexuality, self-esteem, stress management, interpersonal relationships, domestic abuse, sexually transmitted diseases (STD), Human Immunodeficiency Virus (HIV) and acquired immune deficiency syndrome (AIDS), in grades one through twelve.
C.  Each school board shall ensure that the district periodically offers a staff development program for teachers who provide instruction in human growth and development.
D.  The State Department of Education shall identify and disseminate information about early intervention programs for students who are at the greatest risk of unintended pregnancy.
E.  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.  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, and stressing the value of, abstinence from sexual intercourse as the only completely effective protection against sexually transmitted diseases, including HIV/AIDS, when transmitted sexually, while not ignoring students who may have had or are having sex.  In addition, the board shall ensure that such curriculum, materials, classes, programs, tests, surveys or questionnaires:
1.  Stress that abstinence from sexual intercourse outside of lawful marriage is the expected social standard for unmarried school-age persons;
2.  Provide accurate information about the health benefits and side effects of all contraceptives and barrier methods used:
a.	as a means to prevent pregnancy, and
b.	to reduce the risk of contracting sexually transmitted diseases, including HIV/AIDS;
3.  Encourage family communication between parent and child about sexuality;
4.  Teach students the skills to make responsible decisions about sexuality, including how to avoid unwanted verbal, physical and sexual advances and how to avoid making verbal, physical and sexual advances that are not wanted by the other party;
5.  Teach students psychologically sound methods of resisting unwanted peer pressure;
6.  Explore the components of healthy relationships, including the prevention of dating and sexual violence;
7.  Provide information concerning the laws prohibiting dating and sexual abuse or violence, the need to report such acts and the legal options available to victims of such acts;
8.  Provide information concerning the laws relating to the financial responsibilities associated with pregnancy, childbirth and child rearing;
9.  Teach young people how alcohol and drug use can affect responsible decision making; and
10.  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.
F.  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. G.  The superintendent or a designee board 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 board shall ensure that all curricula and materials are age-appropriate and medically accurate.  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 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
H.  Provisions of this section shall not apply if a parent objects on religious grounds.
I.  As used in this act, “medically accurate” means curricula and materials that are:
1.  Relevant to informed decision-making based on the weight of scientific evidence;
2.  Consistent with generally recognized scientific theory;
3.  Conducted under accepted scientific methods;
4.  Published in peer-reviewed journals; and
5.  Recognized as accurate, objective, and complete by:
a.	professional medical organizations, such as the American Medical Association, the American College of Obstetrics and Gynecology, the American Public Health Association, and the American Academy of Pediatrics,
b.	government agencies, such as the Centers for Disease Control and Prevention, the U.S. Food and Drug Administration, and the National Institutes of Health and
c.	scientific advisory groups, such as the Institute of Medicine and the Advisory Committee on Immunization Practices.
J.  For purposes of subsection I 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.
SECTION 2.  This act shall become effective July 1, 2011.
SECTION 3.  It being immediately necessary for the preservation of the public peace, health and safety, an emergency is hereby declared to exist, by reason whereof this act shall take effect and be in full force from and after its passage and approval.

53-1-1150	AM	1/19/2011 1:40:12 PM