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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY WAGNER, BRADFORD, BUXTON, DEASY, DePASQUALE, FABRIZIO, FRANKEL, JOSEPHS, MIRABITO, MUNDY, M. O'BRIEN, PAYTON, ROEBUCK, ROSS, SANTARSIERO, SHAPIRO, M. SMITH, STURLA AND YOUNGBLOOD, FEBRUARY 3, 2011 |
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| REFERRED TO COMMITTEE ON EDUCATION, FEBRUARY 3, 2011 |
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| AN ACT |
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1 | Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An |
2 | act relating to the public school system, including certain |
3 | provisions applicable as well to private and parochial |
4 | schools; amending, revising, consolidating and changing the |
5 | laws relating thereto," in terms and courses of study, |
6 | providing for comprehensive sex education, parental requests, |
7 | implementation and oversight and for funding. |
8 | The General Assembly finds and declares as follows: |
9 | (a) Discussion between youth and their parents or guardians |
10 | helps youth make responsible and healthy life decisions. |
11 | (b) However, Pennsylvania's schools and other community |
12 | groups have a responsibility to help ensure youth have the |
13 | knowledge and skills necessary to enable them to make |
14 | responsible life decisions, to protect their sexual and |
15 | reproductive health, and to prevent unintended pregnancy and |
16 | reduce the risk of sexually transmitted infections (STIs). |
17 | (c) Research has identified highly effective sex education |
18 | and HIV prevention programs that affect multiple behaviors and |
19 | achieve positive health impacts. Behavioral outcomes have |
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1 | included delaying the initiation of sex, as well as reducing the |
2 | frequency of sex, the number of partners, and the incidence of |
3 | unprotected sex, and increasing the use of condoms and |
4 | contraception among sexually active participants. Long-term |
5 | impacts have included lower STI and pregnancy rates. |
6 | (d) Lowering STI and pregnancy rates may reduce costs for |
7 | Pennsylvania's health care delivery system. In 2004, teen |
8 | pregnancy cost taxpayers $389 million. |
9 | (e) Despite State and national declines between 2001 and |
10 | 2008, teen birth ratios increased in several high population |
11 | areas of the State, and rates continue to be higher than the |
12 | State average among minority youth and in many rural counties. |
13 | (f) Rates of the two most common STIs (chlamydia and |
14 | gonorrhea) are higher in females age 15-19 than any other age |
15 | group. According to the Center for Disease Control (CDC) 26 |
16 | percent of girls age 15-19 (approximately 3 million girls) are |
17 | infected with at least one STI. The percentage among young |
18 | African-American women is significantly higher - 48% compared |
19 | with 20% of young white women. The lifetime medical costs |
20 | associated with STIs in young people is estimated to be at least |
21 | $6.5 billion. |
22 | The General Assembly of the Commonwealth of Pennsylvania |
23 | hereby enacts as follows: |
24 | Section 1. The act of March 10, 1949 (P.L.30, No.14), known |
25 | as the Public School Code of 1949, is amended by adding a |
26 | section to read: |
27 | Section 1512.2. Comprehensive Sexual Health Education.--(a) |
28 | A school district required to comply with 22 Pa. Code § 4.29 |
29 | (relating to HIV/AIDS and other life-threatening and |
30 | communicable diseases) shall also provide students with sexual |
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1 | health education. This education must meet all the following |
2 | criteria: |
3 | (1) Instruction and materials shall be age appropriate. |
4 | (2) All information presented shall be medically accurate. |
5 | (3) Teachings shall include the following information: |
6 | (i) The benefits of and reasons for not engaging in sexual |
7 | intercourse. |
8 | (ii) Not engaging in sexual intercourse is the only certain |
9 | way to prevent pregnancy and to reduce the risk of sexually |
10 | transmitted infections (STIs) including HIV. |
11 | (iii) How alcohol and drug use can affect responsible |
12 | decision making. |
13 | (iv) Self-control, temperance, restraint, self-discipline, |
14 | discretion, discernment, sagacity and respect for the opposite |
15 | gender as those characteristics relate to relationships. |
16 | (4) Provide students with accurate information that includes |
17 | the following: |
18 | (i) Side effects, health benefits, effectiveness, safety and |
19 | proper use of all FDA-approved contraceptive methods in |
20 | preventing pregnancy. |
21 | (ii) STI information including how STIs are and are not |
22 | transmitted and the effectiveness of all FDA-approved methods of |
23 | reducing the risk of contracting STIs. |
24 | (5) Addresses healthy relationships and social pressures |
25 | related to sexual behaviors. |
26 | (6) Discuss sexual activity as it relates to risk for STIs |
27 | and pregnancy. |
28 | (7) Encourages youth to communicate with parents/guardians |
29 | and other trusted adults about sexuality. |
30 | (8) Instructors are permitted to answer in good faith any |
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1 | questions initiated by a student or students that is germane to |
2 | the material of the course. |
3 | (9) Instructions and materials shall be appropriate for use |
4 | with, and shall not promote bias against, pupils of all races, |
5 | genders, sexual orientations, ethnic and cultural backgrounds, |
6 | gender identities, sexually active pupils, and pupils with |
7 | disabilities. |
8 | (b) (1) A student shall be excused from all or any part of |
9 | the sexual health education required by this section if the |
10 | student's parent or guardian provides a written request to the |
11 | school. |
12 | (2) Information about the school district's sexual health |
13 | instruction, including curriculum, information being provided to |
14 | students and a list of written and audio-visual materials used |
15 | for the education, shall be made publicly available to parents |
16 | and guardians through the school district's Internet website, if |
17 | available, the school district's student manual or any other |
18 | means of communication currently used by the school district. A |
19 | form for excusing a student from all or any part of the sexual |
20 | health education shall also be made available to parents and |
21 | guardians in the same manner. |
22 | (3) A student whose parent or guardian submits a written |
23 | request for the student to be excused from all or any part of |
24 | the sexual health education shall not be subject to disciplinary |
25 | action or academic penalty for exercising the right to be |
26 | excused from the education. |
27 | (c) The Department of Education, in consultation with the |
28 | Department of Health, shall develop and maintain a list of |
29 | sexual health education curricula that are consistent with the |
30 | requirements of this act. This list should be updated at least |
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1 | annually and made available on the Department of Education's |
2 | Internet website. The Department of Education shall promulgate |
3 | rules reasonably necessary to implement, administer and provide |
4 | oversight for the provisions of this act. |
5 | (d) No funds appropriated by the Commonwealth for sex |
6 | education shall contravene the provisions of this act. |
7 | (e) Nothing in this section shall be construed to apply to |
8 | parochial or private schools. |
9 | (f) In fulfilling the education requirements enumerated in |
10 | subsection (a): |
11 | (1) local school districts shall approve and select |
12 | curricula, textbooks and instructional materials that are |
13 | appropriate for the students of the district covered by this |
14 | act; |
15 | (2) the curricula selected shall be consistent with the |
16 | criteria in subsection (a); and |
17 | (3) any sex education curriculum resources adopted by the |
18 | Commonwealth shall be construed as a guide for local school |
19 | districts as they develop their educational program in |
20 | accordance with this act. |
21 | (g) As used in this section, the following words and phrases |
22 | shall have the meanings given to them in this subsection: |
23 | (1) "Age appropriate" shall mean topics, messages, and |
24 | teaching methods suitable to particular ages or groups of |
25 | children and adolescents, based on developing cognitive, |
26 | emotional and behavioral capacity typical for the age or age |
27 | group. |
28 | (2) "Medically accurate" shall mean information supported by |
29 | peer-reviewed research conducted in compliance with accepted |
30 | scientific methods and recognized as accurate by leading |
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1 | professional organizations and agencies with relevant |
2 | experience, including the American Medical Association and the |
3 | Department of Health. |
4 | Section 2. The addition of section 1512.2 of the act shall |
5 | apply beginning with the next full school year after the |
6 | effective date of this section and all subsequent school years. |
7 | Section 30. This act shall take effect in 90 days. |
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