Text of AL HB 550 (2009)

Page 0 HB550 1 107142-1 2 By Representative Todd 3 RFD: Education Policy 4 First Read: 17-FEB-09 5 Page 1 107142-1:n:02/17/2009:LLR/tan LRS2009-684 1 2 3 4 5 6 7 SYNOPSIS: Existing law does not require the principal 8 of a public school to notify parents of children 9 receiving abstinence-only education that the 10 children are not receiving information regarding 11 prevention of sexually transmitted diseases, human 12 immunodeficiency virus, acquired immune deficiency 13 syndrome, and pregnancy prevention. 14 This bill would require each principal of a 15 public school to notify parents of children 16 receiving abstinence-only education that the 17 children are not receiving information regarding 18 prevention of sexually transmitted diseases, human 19 immunodeficiency virus, acquired immune deficiency 20 syndrome, and pregnancy prevention. 21 22 A BILL 23 TO BE ENTITLED 24 AN ACT 25 26 Page 2 To require the principal of a public school to 1 notify parents of students receiving abstinence-only education 2 that the children are not receiving information regarding 3 prevention of sexually transmitted diseases, human 4 immunodeficiency virus, acquired immune deficiency syndrome, 5 and pregnancy prevention. 6 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA: 7 Section 1. This act shall be known and cited as the 8 "Parents' Right to Know Act." 9 Section 2. (a) The Legislature finds and declares 10 the following: 11 (1) Although teen pregnancy rates are decreasing, 12 there are still nearly 900,000 teen pregnancies each year. 13 Nearly 80 percent of teen pregnancies among 15- to 14 19-year-olds are unintended. According to the Alabama 15 Department of Public Health, 5,269 babies were born to 16 pre-teens and teens in Alabama in 2005. 17 (2) There were nine million new cases of sexually 18 transmitted infections that occurred among 15- to 24-year-olds 19 in 2000 costing six and one half billion dollars 20 ($6,500,000,000). 21 (3) An average of two young people in the United 22 States are infected with the human immunodeficiency virus 23 every hour of every day. African American and Hispanic youth 24 have been disproportionately affected by the human 25 immunodeficiency virus or acquired immune deficiency syndrome, 26 epidemic. According to the Alabama Department of Public 27 Page 3 Health, 14,929 human immunodeficiency virus, or acquired 1 immune deficiency syndrome, epidemic cases had been reported 2 in Alabama as of March 31, 2007. According to the report, 3 African Americans account for 63.2 percent of the human 4 immunodeficiency virus, or acquired immune deficiency 5 syndrome, epidemic cases reported in Alabama, although they 6 represent only 26 percent of the Alabama population. 7 (4) More than eight out of 10 Americans believe that 8 young people should have information about protecting 9 themselves from unplanned pregnancies and sexually transmitted 10 diseases. 11 (5) The American Medical Association, the American 12 Nurses Association, the American Academy of Pediatrics, the 13 American College of Obstetrics and Gynecology, the American 14 Public Health Association, and the Society of Adolescent 15 Medicine support responsible sexuality education that includes 16 information about both abstinence and contraception. 17 (6) Nearly half of all teen males do not receive any 18 formal education about birth control or sexually transmitted 19 infections before having sex for the first time. 20 (7) Research shows that teenagers who receive 21 sexuality education that includes discussions of contraception 22 are more likely than those who receive abstinence-only 23 messages to delay sexual activity and to use contraceptives 24 when they do become sexually active. 25 Page 4 (8) The overwhelming weight of scientific evidence 1 suggests that addressing abstinence and contraception does not 2 increase sexual activity. 3 (b) It is therefore the intent of the Alabama 4 Legislature to establish the Family Information and Youth 5 Protection Act which would require provision of information to 6 parents about the content of specific public school curricula 7 as they pertain to abstinence-only education, methods of 8 preventing pregnancy, and sexually transmitted infections; 9 would allow parents to excuse their child from abstinence-only 10 instruction; would inform them of their right to be involved 11 in their child's education; and would provide an enforcement 12 mechanism. 13 Section 3. As used in this act, "medically accurate" 14 means information supported by the weight of research 15 conducted in compliance with accepted scientific methods and 16 recognized as accurate and objective by leading professional 17 organizations and agencies with relevant expertise in the 18 field. 19 Section 4. The principal of each public school that 20 receives abstinence-only funding or elects to teach 21 abstinence-only education in any grades 6-12, inclusive, at 22 the beginning of each year, or for a pupil who enrolls in a 23 school after the beginning of the school year, at the time of 24 that pupil's enrollment, shall send a notice home to the 25 parents or guardians of the affected students stating the 26 following: 27 Page 5 (1) Your child is receiving abstinence-only 1 education. 2 (2) Abstinence-only education does not teach 3 students how to prevent pregnancy or sexually transmitted 4 infections other than by remaining abstinent. 5 (3) Your child is not receiving the following 6 information: 7 a. Methods, other than abstinence, for preventing 8 pregnancy and sexually transmitted infections, including, but 9 not limited to, the human immunodeficiency virus or acquired 10 immune deficiency syndrome. 11 b. Medically-accurate instruction on the risks and 12 benefits, including safety and efficacy, of Food and Drug 13 Administration approved methods for: 14 1. Reducing the risk of contracting sexually 15 transmitted infections, including human immunodeficiency virus 16 or acquired immune deficiency syndrome. 17 2. Preventing pregnancy. 18 c. Medically-accurate instruction regarding the 19 correct use of Food and Drug Administration approved methods 20 for: 21 1. Reducing the risk of contracting sexually 22 transmitted infections, including human immunodeficiency virus 23 or acquired immune deficiency syndrome. 24 2. Preventing pregnancy. 25 d. Instruction that provides lesbian, gay, bisexual, 26 and transgender students with the necessary skills for making 27 Page 6 and implementing responsible decisions about relationships and 1 sexuality, including the use of all effective methods to 2 prevent sexually transmitted infections, including human 3 immunodeficiency virus or acquired immune deficiency syndrome. 4 e. Instruction that provides sexually-active 5 students with the necessary skills for making and implementing 6 responsible decisions about relationships and sexuality, 7 including the use of all effective methods to prevent 8 pregnancy and sexually transmitted infections, including human 9 immunodeficiency virus or acquired immune deficiency syndrome. 10 (4) Parents have the right to review abstinence-only 11 curriculum it its entirety. Written and audio visual 12 educational materials used in abstinence-only education shall 13 be made reasonably accessible for inspection. 14 (5) Parents have the right to excuse their child 15 from all or parts of abstinence-only instruction. 16 (6) Parents have the right to be involved in the 17 education of their child. 18 Section 5. (a) At the request of a parent or 19 guardian, a pupil shall be excused from all or parts of 20 abstinence-only instruction. The principal shall notify all 21 parents of their ability to withdraw their child from the 22 instruction. 23 (b) A pupil may not be subject to disciplinary 24 action, academic penalty, or other sanction if the pupil’s 25 parent or guardian declines to permit the student to receive 26 abstinence-only education. 27 Page 7 Section 6. The school shall inform the parent or 1 guardian of an affected student of the opportunity for 2 commenting on curriculum to the local board of education by 3 including information at the beginning of each year, or for a 4 pupil who enrolls in a school after the beginning of the 5 school year, at the time of that pupil’s enrollment. 6 Section 7. (a) A parent or guardian who believes 7 that he or she failed to receive a notice may file a complaint 8 with the superintendent of education for the school where his 9 or her child is enrolled. Within 30 days of receiving a 10 complaint, the superintendent shall take any warranted 11 corrective action and notify the complainant and principal 12 what, corrective action, if any, was taken. 13 (b) Upon receipt of notice from the superintendent, 14 within 30 days after filing a complaint with the 15 superintendent, the parent or guardian may take their 16 complaint to the local board of education for review. The 17 board has 30 days to take any warranted corrective action and 18 notify the complainant and superintendent what, corrective 19 action, if any, was taken. 20 (c) Upon receipt of notice from the local board of 21 education, the parent or guardian may appeal to the State 22 Superintendent of Education. The State Superintendent of 23 Education shall investigate a claim and make a finding 24 regarding compliance with this act. If the State 25 Superintendent of Education makes a finding of substantial 26 non-compliance, he or she shall take corrective action, 27 Page 8 including prohibiting the school district from accepting state 1 and federal abstinence-only funding for a period of at least 2 one calendar year. 3 Section 8. This act shall become effective on the 4 first day of the third month following its passage and 5 approval by the Governor, or its otherwise becoming law. 6