Text of AZ HB 2189 (2004)

PLEASE NOTE: In most BUT NOT ALL instances, the page and line numbering of bills on this web site correspond to the page and line numbering of the official printed version of the bills. ------------------------------------------------ ¦ REFERENCE TITLE: schools; sex education; ¦ ¦ opt-in ¦ ------------------------------------------------ ¦ ¦ ¦ ¦ ¦ ¦ ¦ State of Arizona ¦ ¦ House of Representatives ¦ ¦ Forty-sixth Legislature ¦ ¦ Second Regular Session ¦ ¦ 2004 ¦ ¦ ¦ ------------------------------------------------ ¦ HB 2189 ¦ ------------------------------------------------ ¦ Introduced by ¦ ¦ Representatives Gray L: Yarbrough ¦ ------------------------------------------------ AN ACT AMENDING SECTIONS 15-102 AND 15-716, ARIZONA REVISED STATUTES; RELATING TO SCHOOL CURRICULUM. (TEXT OF BILL BEGINS ON NEXT PAGE) Be it enacted by the Legislature of the State of Arizona: Section 1. Section 15-102, Arizona Revised Statutes, is amended to read: 15-102. Parental involvement in the school; definition A. The governing board, in consultation with parents, teachers and administrators, shall develop and adopt a policy to promote the involvement of parents and guardians of children enrolled in the schools within the school district, including: 1. A plan for parent participation in the schools which is designed to improve parent and teacher cooperation in such areas as homework, attendance and discipline. 2. Procedures by which parents may learn about the course of study for their children and review learning materials. 3. Procedures by which parents who object to any learning material or activity on the basis that it is harmful may withdraw their children from the activity or from the class or program in which the material is used. Objection to a learning material or activity on the basis that it is harmful includes objection to a material or activity because it questions beliefs or practices in sex, morality or religion. 4. IF THE SCHOOL DISTRICT OFFERS SEX EDUCATION CURRICULA, PROCEDURES TO prohibit a school district from providing sex education instruction to a pupil unless the pupil's parent provides written permission for the child to participate IN THE SEX EDUCATION CURRICULA. THE PROCEDURES SHALL ALSO PROHIBIT INSTRUCTION OR PRESENTATIONS REGARDING SEXUALITY IN COURSES OTHER THAN FORMAL SEX EDUCATION CURRICULA UNLESS THE INSTRUCTION OR PRESENTATION HAS BEEN APPROVED IN ADVANCE BY THE GOVERNING BOARD. FOR THE PURPOSES OF THIS PARAGRAPH, "SEX EDUCATION CURRICULA" INCLUDES ANY COURSE OF STUDY PROVIDED PURSUANT TO SECTION 15-711 OR 15-716 OR PURSUANT TO RULES ADOPTED BY THE STATE BOARD OF EDUCATION. B. The policy adopted by the governing board pursuant to this section may also include the following components: 1. A plan by which parents will be made aware of the district's parental involvement policy and the provisions of this section, including: (a) Rights under the family educational rights and privacy act of 1974 (20 UNITED STATES CODE SECTION 1232g) relating to access to children's official records. (b) The parent's right to inspect the school district policies and curriculum. 2. Efforts to encourage the development of parenting skills. 3. The communication to parents of techniques designed to assist the child's learning experience in the home. 4. Efforts to encourage access to community and support services for children and families. 5. The promotion of communication between the school and parents concerning school programs and the academic progress of the parents' children. 6. Identifying opportunities for parents to participate in and support classroom instruction at the school. 7. Efforts to SUPPORT, with appropriate training, support parents as shared decision makers and to encourage membership on school councils. 8. The recognition of the diversity of parents and the development of guidelines that promote widespread parental participation and involvement in the school at various levels. 9. The development of preparation programs and specialized courses for certificated employees and administrators that promote parental involvement. 10. The development of strategies and programmatic structures at schools to encourage and enable parents to participate actively in their children's education. C. For the purposes of this section, "parent" means the parent or person who has custody of the child. Sec. 2. Section 15-716, Arizona Revised Statutes, is amended to read: 15-716. Instruction on acquired immune deficiency syndrome; department assistance A. Each common, high and unified school district may provide instruction to kindergarten programs through the twelfth grade on acquired immune deficiency syndrome and the human immunodeficiency virus. B. Each district is free to develop its own course of study for each grade. At a minimum, instruction shall: 1. Be appropriate to the grade level in which it is offered. 2. Be medically accurate. 3. Promote abstinence. 4. Discourage drug abuse. 5. Dispel myths regarding transmission of the human immunodeficiency virus. C. No district shall include in its course of study instruction which: 1. Promotes a homosexual life-style LIFESTYLE. 2. Portrays homosexuality as a positive alternative life-style LIFESTYLE. 3. Suggests that some methods of sex are safe methods of homosexual sex. D. At the request of a school district, the department of health services or the department of education shall review instruction materials to determine their medical accuracy. E. At the request of a school district, the department of education shall provide the following assistance: 1. A suggested course of study. 2. Teacher training. 3. A list of available films and other teaching aids. F. At the request of a parent, a pupil shall be excused from instruction on the acquired immune deficiency syndrome and the human immunodeficiency virus as provided in subsection A of this section. The school district shall notify all parents of their ability to withdraw their child from the instruction.