Text of AL HB 385 (2021)

1 HB385 2 204104-5 3 By Representative Hall 4 RFD: Education Policy 5 First Read: 09-FEB-21 Page 0 1 204104-5:n:02/08/2021:HB/ma LSA2020-112R2 2 3 4 5 6 7 8 SYNOPSIS: This bill would revise the focus of the 9 content, course materials, and instruction provided 10 to public school students in any program or 11 curriculum that includes sex education or the human 12 reproductive process. 13 14 A BILL 15 TO BE ENTITLED 16 AN ACT 17 18 To amend Section 16-40A-2, Code of Alabama 1975, 19 relating to public K-12 sex education; to revise the focus of 20 the content, course materials, and instruction provided to 21 students. 22 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA: 23 Section 1. Section 16-40A-2, Code of Alabama 1975, 24 is amended to read as follows: 25 "§16-40A-2. 26 "(a) Any program or curriculum in the public schools 27 in Alabama that includes sex education or the human Page 1 1 reproductive process shall, as at a minimum, include and 2 emphasize the following: 3 "(1) Abstinence from sexual intercourse sex is the 4 only completely effective protection against unwanted 5 unintended pregnancy, sexually transmitted diseases 6 infections, and acquired immune deficiency syndrome (AIDS) 7 human immunodeficiency virus (HIV) when transmitted sexually. 8 "(2) Abstinence from sexual intercourse sex outside 9 of lawful marriage is the expected social standard for 10 unmarried school-age persons. 11 "(b) Course materials and instruction that relate to 12 sexual health education or sexually transmitted diseases 13 infections should be age-appropriate and medically accurate. 14 "(c) Course materials and instruction that relate to 15 sexual health education or sexually transmitted diseases 16 infections should include all of the following elements: 17 "(1) An emphasis on sexual abstinence as the only 18 completely reliable method of avoiding unwanted unintended 19 teenage pregnancy and sexually transmitted diseases 20 infections. 21 "(2) An emphasis on the importance of self-control 22 and ethical conduct pertaining to delaying sexual activity and 23 discouraging risky sexual behavior. 24 "(3) Statistics based on the latest medical 25 information that indicate the degree of reliability and 26 unreliability of various forms of contraception, while also 27 emphasizing the increase in protection against pregnancy and Page 2 1 protection against sexually transmitted diseases infections, 2 including HIV and AIDS infection, which is afforded by the use 3 of various contraceptive measures. 4 "(4) Information concerning the laws relating to the 5 financial responsibilities associated with pregnancy, 6 childbirth, and child rearing. 7 "(5) Information concerning the laws prohibiting 8 sexual abuse, the need to report such abuse, and the legal 9 options available to victims of sexual abuse. 10 "(6) Information on how to cope with and rebuff 11 unwanted physical and verbal sexual exploitation by other 12 persons. 13 "(7) Psychologically sound methods of resisting 14 unwanted peer pressure. 15 "(8) An emphasis, in a factual manner and from a 16 public health perspective, that homosexuality is not a 17 lifestyle acceptable to the general public and that homosexual 18 conduct is a criminal offense under the laws of the state. 19 "(9)(8) Comprehensive instruction in parenting 20 skills and responsibilities, including the responsibility to 21 pay child support by non-custodial parents, the penalties for 22 non-payment of child support, and the legal and ethical 23 responsibilities of child care and child rearing." 24 Section 2. This act shall become effective on the 25 first day of the third month following its passage and 26 approval by the Governor, or its otherwise becoming law. Page 3

1 HB385 2 204104-7 3 By Representative Hall 4 RFD: Education Policy 5 First Read: 09-FEB-21 Page 0 HB385 1 2 ENROLLED, An Act, 3 To amend Section 16-40A-2, Code of Alabama 1975, 4 relating to public K-12 sex education; to revise the focus of 5 the content, course materials, and instruction provided to 6 students. 7 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA: 8 Section 1. Section 16-40A-2, Code of Alabama 1975, 9 is amended to read as follows: 10 "§16-40A-2. 11 "(a) Any program or curriculum in the public schools 12 in Alabama that includes sex education or the human 13 reproductive process shall, as at a minimum, include and 14 emphasize the following: 15 "(1) Abstinence from sexual intercourse sex is the 16 only completely effective protection against unwanted 17 unintended pregnancy, sexually transmitted diseases diseases 18 and infections, and acquired immune deficiency syndrome (AIDS) 19 human immunodeficiency virus (HIV) when transmitted sexually. 20 "(2) Abstinence from sexual intercourse sex outside 21 of lawful marriage is the expected social standard for 22 unmarried school-age persons. 23 "(b) Course materials and instruction that relate to 24 sexual health education or sexually transmitted diseases Page 1 HB385 1 diseases and infections should shall be age-appropriate and 2 medically accurate. 3 "(c) Course materials and instruction that relate to 4 sexual health education or sexually transmitted diseases 5 diseases and infections should shall, if available, include 6 all of the following elements: 7 "(1) An emphasis on sexual abstinence as the only 8 completely reliable method of avoiding unwanted unintended 9 teenage pregnancy and sexually transmitted diseases diseases 10 and infections. 11 "(2) An The emphasis shall be on the importance of 12 self-control and ethical conduct pertaining to delaying sexual 13 activity and discouraging risky sexual behavior. 14 "(3) Statistics based on the latest medical 15 information that indicate the degree of reliability and 16 unreliability of various forms of contraception, while also 17 emphasizing the increase in protection against pregnancy and 18 protection against sexually transmitted diseases infections, 19 including HIV and AIDS infection, which is afforded by the use 20 of various contraceptive measures. 21 "(4) Information concerning the laws relating to the 22 financial responsibilities associated with pregnancy, 23 childbirth, and child rearing. Page 2 HB385 1 "(5) Information concerning the laws prohibiting 2 sexual abuse, the need to report such abuse, and the legal 3 options available to victims of sexual abuse. 4 "(6) Information on how to cope with and rebuff 5 unwanted physical and verbal sexual exploitation by other 6 persons. 7 "(7) Psychologically sound methods of resisting 8 unwanted peer pressure. 9 "(8) An emphasis, in a factual manner and from a 10 public health perspective, that homosexuality is not a 11 lifestyle acceptable to the general public and that homosexual 12 conduct is a criminal offense under the laws of the state. 13 "(9)(8) Comprehensive instruction in parenting 14 skills and responsibilities, including the responsibility to 15 pay child support by non-custodial parents, the penalties for 16 non-payment of child support, and the legal and ethical 17 responsibilities of child care and child rearing." 18 "(d) Parents or guardians shall be given advanced, 19 written notification of the teaching of any sex education or 20 of the human reproductive process. Upon request and prior to 21 distribution to students, the school shall make available to 22 parents or guardians the sex education curriculum." 23 Section 2. This act shall become effective on the 24 first day of the third month following its passage and 25 approval by the Governor, or its otherwise becoming law. Page 3 HB385 1 2 3 4 Speaker of the House of Representatives 5 6 President and Presiding Officer of the Senate House of Representatives 7 I hereby certify that the within Act originated in 8 9 and was passed by the House 02-MAR-21, as amended. 10 11 Jeff Woodard 12 Clerk 13 14 15 Senate 16 20-APR-21 Passed 17 Page 4