Text of CO HB 1032 (2019)

First Regular Session Seventy-second General Assembly STATE OF COLORADO INTRODUCED LLS NO. 19-0032.03 Shelby Ross x4510 HOUSE BILL 19-1032 House Committees Senate Committees Health & Insurance A BILL FOR AN ACT CONCERNING COMPREHENSIVE HUMAN SEXUALITY EDUCATION, AND, 101 IN CONNECTION THEREWITH, MAKING AN APPROPRIATION. 102 Bill Summary (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov.) The bill moves provisions of the statutory legislative declaration to a nonstatutory legislative declaration. The bill clarifies content requirements for public schools that offer comprehensive human sexuality education and prohibits instruction from explicitly or implicitly teaching or endorsing religious ideology or sectarian tenets or doctrines, using shame-based or stigmatizing language HOUSE SPONSORSHIP Lontine, SENATE SPONSORSHIP Todd and Coram, Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment. Capital letters or bold & italic numbers indicate new material to be added to existing statute. Dashes through the words indicate deletions from existing statute. or instructional tools, employing gender norms or gender stereotypes, or excluding the relational or sexual experiences of lesbian, gay, bisexual, or transgender individuals. Current law provides for a comprehensive human sexuality education grant program. The bill amends certain provisions of the grant program to: ! Require the department of public health and environment to submit an annual report concerning the outcomes of the grant program indefinitely; ! Add 8 representatives to the oversight entity and require membership of the oversight entity to be comprised of at least 7 members who are members of groups of people who have been or might be discriminated against; ! Require grant applicants to demonstrate a need for money to implement comprehensive human sexuality education; and ! Require that rural public schools or public schools that do not currently offer comprehensive human sexuality education receive priority when selecting grant applicants. The bill provides a general appropriation of at least $1 million annually for the grant program. The bill prohibits the state board of education from waiving the content requirements for any public school that provides comprehensive human sexuality education. Be it enacted by the General Assembly of the State of Colorado: 1 SECTION 1. Legislative declaration. (1) The general assembly 2 finds and declares that: 3 (a) The decisions an individual makes regarding the individual's 4 sexual health impacts the public health and welfare of the community in 5 which the individual lives; 6 (b) Sexual assault, interpersonal violence, and bullying are 7 pervasive and serious public health concerns, placing impacted youth at 8 increased risk for unintended pregnancy, sexually transmitted infections, 9 low academic performance, truancy, dropout, self-harm, and other 10 harmful behaviors. According to the 2017 Healthy Kids Colorado Survey, 11 HB19-1032 -2- 9.6% of youth who identify as female, 3% of youth who identify as male, 1 and 18.5% of youth who identify as lesbian, gay, or bisexual (LGB) 2 reported being physically forced to have sexual intercourse against their 3 will. Approximately 11.1% of youth who identify as female, 7.1% of 4 youth who identify as male, and 18.2% of youth who identify as LGB 5 reported being physically hurt on purpose by someone they were dating. 6 Over 28% of youth who identify as LGB reported being bullied or 7 name-called because of their sexual orientation, and 18.6% of all youth 8 reported being bullied on school property during the last year. These 9 statistics reflect a dire need for all Colorado youth to have access to 10 comprehensive human sexuality education that teaches consent, hallmarks 11 of safe and healthy relationships, self-acceptance, and respect for others. 12 (c) According to the centers for disease control and prevention 13 and the Colorado department of public health and environment, Colorado 14 has a lower rate of teen births and certain sexually transmitted infections 15 compared to the national average. In spite of this data, Colorado youth 16 still face barriers to obtaining the medically accurate information and 17 resources they need to make informed and responsible decisions 18 concerning their sexual health. 19 (d) When accounting for all fifty states and the District of 20 Columbia, Colorado is one of only seven states that does not have a 21 health graduation requirement. Twenty-four states and the District of 22 Columbia mandate sexual health education as a graduation requirement, 23 and thirty-four states and the District of Columbia mandate human 24 immunodeficiency virus (HIV) education as a graduation requirement. 25 Colorado does not mandate sexual health education or HIV education. 26 (e) The Colorado general assembly and Colorado state board of 27 HB19-1032 -3- education have long recognized the value of comprehensive health 1 education, including comprehensive human sexuality education, by taking 2 the following actions: 3 (I) The Colorado general assembly passed House Bill 07-1292, 4 enacted in 2007, to establish content standards for the provision of human 5 sexuality courses taught in public schools throughout the state; 6 (II) The Colorado general assembly passed Senate Bill 08-194, 7 enacted in 2008, commonly known as the "Public Health Reauthorization 8 Act", to create a statewide public health improvement plan to eliminate 9 geographic-based and other disparities in the accessibility and availability 10 of services through the state's public health agencies; 11 (III) The Colorado general assembly passed the "Preschool to 12 Postsecondary Education Alignment Act", Senate Bill 08-212, enacted in 13 2008, which states that all school district standards must meet or exceed 14 established state standards, and that school districts must adopt 15 curriculum and assessments that are consistent with these standards; 16 (IV) The Colorado general assembly passed House Bill 13-1081, 17 enacted in 2013, which states that all Colorado youth have a right to 18 access comprehensive human sexuality education, and requires school 19 districts, boards of cooperative services, district charter schools, and 20 institute charter schools that provide human sexuality instruction to 21 ensure the instruction is comprehensive; 22 (V) In 2009, the Colorado state board of education adopted 23 academic content standards for comprehensive health education that 24 support youth in making informed and responsible decisions about their 25 health and in having access to the tools they need to lead healthy lives; 26 and 27 HB19-1032 -4- (VI) In 2018, the Colorado state board of education adopted 1 academic content standards for comprehensive health education, 2 including physical and personal wellness, social and emotional wellness, 3 and prevention and risk management; and 4 (f) Short of mandating comprehensive human sexuality education 5 as a graduation requirement, state law requires all human sexuality 6 instruction provided in public schools to be comprehensive, pursuant to 7 section 22-1-128, Colorado Revised Statutes. If the instruction is not 8 comprehensive, it is a violation of state law. 9 SECTION 2. In Colorado Revised Statutes, repeal and reenact, 10 with amendments, 22-1-128 as follows: 11 22-1-128. Comprehensive human sexuality education - 12 guidelines and content standards - short title - legislative declaration 13 - definitions. (1) Short title. THE SHORT TITLE OF THIS SECTION IS THE 14 "COLORADO YOUTH WELLNESS ACT". 15 (2) Legislative declaration. THE GENERAL ASSEMBLY FINDS AND 16 DECLARES THAT: 17 (a) ALL COLORADO YOUTH HAVE A RIGHT TO RECEIVE MEDICALLY 18 ACCURATE INFORMATION ABOUT THEIR SEXUAL HEALTH IN ORDER TO 19 EMPOWER THEM TO MAKE INFORMED DECISIONS THAT PROMOTE THEIR 20 PHYSICAL, MENTAL, AND SOCIAL-EMOTIONAL WELL-BEING; 21 (b) THIS RIGHT APPLIES TO ALL YOUTH, REGARDLESS OF 22 GEOGRAPHIC LOCATION, ETHNIC OR RACIAL BACKGROUND, IMMIGRATION 23 STATUS, FAMILY INCOME, PHYSICAL OR INTELLECTUAL ABILITY, SEXUAL 24 ORIENTATION, SEX, GENDER, OR GENDER EXPRESSION; 25 (c) PARENTS, CAREGIVERS, AND OTHER TRUSTED ADULTS SERVE AS 26 AN ESSENTIAL PART OF THE EDUCATION PROCESS AND MAY RELY ON 27 HB19-1032 -5- HEALTH AND EDUCATION PROFESSIONALS AND BROAD COMMUNITY-BASED 1 PARTNERSHIPS TO PROVIDE MEDICALLY ACCURATE INFORMATION THAT 2 EMPOWERS YOUTH TO MAKE DECISIONS THAT ARE CONSISTENT WITH THEIR 3 INDIVIDUAL NEEDS, VALUES, AND LIFE GOALS; 4 (d) THE INFORMATION, EDUCATION, AND SKILLS THAT COLORADO 5 YOUTH RECEIVE DURING THEIR FORMATIVE YEARS PROVIDE THE 6 FOUNDATION FOR RESPONSIBLE DECISION-MAKING ABOUT PERSONAL 7 BEHAVIORS AND IMPORTANT LIFE DECISIONS THROUGHOUT THE REST OF 8 THEIR LIVES; 9 (e) IT IS IMPORTANT FOR YOUTH TO UNDERSTAND THE POSSIBLE 10 OUTCOMES OF THE INCONSISTENT OR IMPROPER USE OF SEXUAL 11 ABSTINENCE, CONTRACEPTION, OR CONDOMS. COMPREHENSIVE HUMAN 12 SEXUALITY EDUCATION STRESSES THE IMPORTANCE OF THE CORRECT AND 13 CONSISTENT USE OF SEXUAL ABSTINENCE, CONTRACEPTION, AND CONDOMS 14 TO PREVENT PREGNANCY AND SEXUALLY TRANSMITTED INFECTIONS. 15 (f) IT IS IMPORTANT FOR YOUTH TO LEARN ABOUT SEX AND 16 SEXUALITY IN THE CONTEXT OF HEALTHY RELATIONSHIPS. 17 COMPREHENSIVE HUMAN SEXUALITY EDUCATION TEACHES YOUTH ABOUT 18 CONSENT, SEXUAL ASSAULT, SEXUAL HARASSMENT, AND THE HALLMARKS 19 OF SAFE AND HEALTHY RELATIONSHIPS. IT ALSO TEACHES YOUTH ABOUT 20 THE DIFFERENT RELATIONSHIP MODELS THEY AND THEIR PEERS MAY 21 ENGAGE IN, INCLUDING LESBIAN, GAY, BISEXUAL, AND TRANSGENDER 22 PEERS, AND HOW TO BE A SAFE AND HEALTHY PARTNER IN A 23 RELATIONSHIP. 24 (g) COMPREHENSIVE HUMAN SEXUALITY EDUCATION FOSTERS 25 YOUTH SOCIAL-EMOTIONAL HEALTH AND WELL-BEING BY TEACHING 26 SELF-ACCEPTANCE AND RESPECT FOR THOSE WHOSE SEXUALITY, GENDER, 27 HB19-1032 -6- GENDER EXPRESSION, OR LIVED EXPERIENCE DIFFER FROM THEIR OWN. 1 COMPREHENSIVE HUMAN SEXUALITY EDUCATION REJECTS THE USE OF 2 SHAME, STIGMA, FEAR, AND GENDER NORMS OR GENDER STEREOTYPES AS 3 INSTRUCTIONAL TOOLS AND RECOGNIZES THAT SUCH TACTICS ARE 4 COUNTERPRODUCTIVE TO YOUTH EMPOWERMENT AND PARTICULARLY 5 HARMFUL TO VULNERABLE AND QUESTIONING YOUTH. 6 (h) THERE IS A NEED TO CONTINUE AND EXPAND EFFORTS TO 7 ENSURE THAT ALL COLORADO YOUTH HAVE ACCESS TO MEDICALLY 8 ACCURATE, CULTURALLY SENSITIVE, AND AGE-APPROPRIATE INFORMATION 9 AND RESOURCES CONVEYED BY COMPREHENSIVE HUMAN SEXUALITY 10 EDUCATION; AND 11 (i) THE STATE OF COLORADO AND ELIGIBLE STATE AGENCIES AND 12 OTHER ORGANIZATIONS MUST PURSUE FUNDING AND OTHER FEDERAL 13 SUPPORT TO IMPLEMENT COMPREHENSIVE HUMAN SEXUALITY EDUCATION 14 PROGRAMS. HOWEVER, COMPLIANCE WITH THIS SECTION IS NOT 15 CONTINGENT ON RECEIPT OF STATE FUNDS, FEDERAL FUNDS, OR PUBLIC OR 16 PRIVATE GIFTS, GRANTS, OR DONATIONS. 17 (3) Definitions. AS USED IN THIS SECTION, UNLESS THE CONTEXT 18 OTHERWISE REQUIRES: 19 (a) "AGE-APPROPRIATE" MEANS TOPICS, MESSAGES, AND TEACHING 20 METHODS SUITABLE TO A PARTICULAR AGE OR AGE GROUP, BASED ON 21 DEVELOPING COGNITIVE, EMOTIONAL, AND BEHAVIORAL CAPACITY 22 TYPICAL FOR THE AGE OR AGE GROUP. 23 (b) "COMPREHENSIVE HUMAN SEXUALITY EDUCATION" MEANS 24 HUMAN SEXUALITY INSTRUCTION THAT IS MEDICALLY ACCURATE, 25 AGE-APPROPRIATE, CULTURALLY SENSITIVE, AND INCLUSIVE OF A POSITIVE 26 YOUTH DEVELOPMENT FRAMEWORK. COMPREHENSIVE HUMAN SEXUALITY 27 HB19-1032 -7- EDUCATION TEACHES YOUTH PREVENTIVE METHODS FOR AVOIDING 1 UNINTENDED PREGNANCY AND SEXUALLY TRANSMITTED INFECTIONS. 2 PREVENTIVE METHODS TAUGHT MUST INCLUDE INFORMATION ABOUT THE 3 CORRECT AND CONSISTENT USE OF SEXUAL ABSTINENCE, CONTRACEPTION, 4 INCLUDING ALL FEDERAL FOOD AND DRUG ADMINISTRATION-APPROVED 5 FORMS OF CONTRACEPTION, EMERGENCY CONTRACEPTION, CONDOMS, 6 OTHER BARRIER METHODS, AND OTHER PREVENTIVE METHODS. 7 (c) "CONSENT" MEANS THE AFFIRMATIVE, UNAMBIGUOUS, 8 VOLUNTARY, KNOWING AGREEMENT BETWEEN ALL PARTICIPANTS IN EACH 9 PHYSICAL ACT WITHIN THE COURSE OF A SEXUAL ENCOUNTER OR 10 INTERPERSONAL RELATIONSHIP. 11 (d) "CULTURALLY SENSITIVE" MEANS THE INTEGRATION OF 12 KNOWLEDGE ABOUT INDIVIDUALS AND GROUPS OF PEOPLE INTO SPECIFIC 13 STANDARDS, REQUIREMENTS, POLICIES, PRACTICES, AND ATTITUDES USED 14 TO INCREASE THE QUALITY OF SERVICES. "CULTURALLY SENSITIVE" 15 INCLUDES RESOURCES, REFERENCES, AND INFORMATION THAT IS 16 MEANINGFUL TO THE EXPERIENCES AND NEEDS OF COMMUNITIES OF 17 COLOR; IMMIGRANT COMMUNITIES; LESBIAN, GAY, BISEXUAL, AND 18 TRANSGENDER COMMUNITIES; PEOPLE WITH PHYSICAL OR INTELLECTUAL 19 AND DEVELOPMENTAL DISABILITIES; PEOPLE WHO HAVE EXPERIENCED 20 SEXUAL VICTIMIZATION; AND OTHERS WHOSE EXPERIENCES HAVE 21 TRADITIONALLY BEEN LEFT OUT OF SEXUAL HEALTH EDUCATION, 22 PROGRAMS, AND POLICIES. 23 (e) "HUMAN SEXUALITY INSTRUCTION" OR "INSTRUCTION" REFERS 24 TO ANY ORAL, WRITTEN, OR DIGITAL LESSON, LECTURE, OR PRESENTATION, 25 GIVEN BY SCHOOL STAFF OR NONSCHOOL STAFF, THAT COVERS TWO OR 26 MORE OF THE FOLLOWING TOPICS: 27 HB19-1032 -8- (I) BIOLOGY AS IT RELATES TO HUMAN REPRODUCTION OR HUMAN 1 SEXUAL DEVELOPMENT; 2 (II) SEXUAL ORIENTATION, SEXUALITY, OR SEXUAL ACTIVITY; OR 3 (III) THE DEVELOPMENT OF SAFE AND HEALTHY RELATIONSHIPS. 4 (f) "MEDICALLY ACCURATE" MEANS VERIFIED OR SUPPORTED BY 5 RESEARCH CONDUCTED IN COMPLIANCE WITH SCIENTIFIC METHODS AND 6 PUBLISHED IN PEER-REVIEWED JOURNALS, WHERE APPROPRIATE, AND 7 RECOGNIZED AS ACCURATE, OBJECTIVE, AND UNBIASED BY THE AMERICAN 8 PUBLIC HEALTH ASSOCIATION, THE AMERICAN ACADEMY OF PEDIATRICS, 9 OR THE AMERICAN COLLEGE OF OBSTETRICIANS AND GYNECOLOGISTS. 10 (g) "POSITIVE YOUTH DEVELOPMENT" MEANS AN APPROACH THAT 11 EMPHASIZES THE MANY POSITIVE ATTRIBUTES OF YOUTH AND FOCUSES ON 12 DEVELOPING INHERENT STRENGTHS AND ASSETS TO PROMOTE HEALTH. 13 POSITIVE YOUTH DEVELOPMENT IS CULTURALLY SENSITIVE, INCLUSIVE OF 14 ALL YOUTH, COLLABORATIVE, AND STRENGTH-BASED. 15 (h) "PUBLIC SCHOOL" MEANS A SCHOOL OF A SCHOOL DISTRICT, A 16 DISTRICT CHARTER SCHOOL, AN INSTITUTE CHARTER SCHOOL, A FACILITY 17 SCHOOL, OR A SCHOOL OPERATED BY A BOARD OF COOPERATIVE SERVICES. 18 (i) "SEXUAL ABSTINENCE" MEANS NOT ENGAGING IN ORAL, 19 VAGINAL, OR ANAL INTERCOURSE OR GENITAL SKIN-TO-SKIN CONTACT. 20 (4) Comprehensive human sexuality education content 21 requirements. EXCEPT AS DESCRIBED IN SUBSECTION (11) OF THIS 22 SECTION, A PUBLIC SCHOOL THAT OFFERS HUMAN SEXUALITY INSTRUCTION 23 MUST ENSURE THE INSTRUCTION MEETS COMPREHENSIVE HUMAN 24 SEXUALITY EDUCATION CONTENT REQUIREMENTS. THESE REQUIREMENTS 25 MUST: 26 (a) PROMOTE YOUTH UNDERSTANDING OF SEXUAL ACTIVITY, 27 HB19-1032 -9- SEXUALITY, AND SEXUAL ORIENTATION AS A NORMAL PART OF HUMAN 1 DEVELOPMENT AND ENCOURAGE YOUTH COMMUNICATION WITH PARENTS, 2 FAMILY, AND OTHER TRUSTED ADULTS ABOUT GENDER, GENDER 3 EXPRESSION, SEXUAL ACTIVITY, SEXUALITY, AND SEXUAL ORIENTATION; 4 (b) INCLUDE MEDICALLY ACCURATE INFORMATION ABOUT ALL 5 PREVENTIVE METHODS TO AVOID UNINTENDED PREGNANCY AND 6 SEXUALLY TRANSMITTED INFECTIONS, INCLUDING HIV/AIDS. 7 PREVENTIVE METHODS TAUGHT MUST: 8 (I) INCLUDE INFORMATION ABOUT THE CORRECT AND CONSISTENT 9 USE OF SEXUAL ABSTINENCE, CONTRACEPTION, INCLUDING ALL FEDERAL 10 FOOD AND DRUG ADMINISTRATION-APPROVED FORMS OF CONTRACEPTION, 11 EMERGENCY CONTRACEPTION, CONDOMS, AND OTHER BARRIER METHODS; 12 (II) BE TAUGHT IN A COHESIVE, INTEGRATED, OBJECTIVE MANNER 13 SO THAT YOUTH LEARN THE FULL SCOPE OF PREVENTIVE METHODS 14 AVAILABLE TO THEM AND ARE EMPOWERED TO DECIDE FOR THEMSELVES 15 WHICH PREVENTIVE METHODS ARE BEST SUITED FOR THEIR INDIVIDUAL 16 NEEDS, BELIEFS, AND VALUES; AND 17 (III) NOT ENDORSE SEXUAL ABSTINENCE AS THE PRIMARY OR SOLE 18 ACCEPTABLE PREVENTIVE METHOD AVAILABLE TO STUDENTS. SUCH 19 INSTRUCTION IS NOT COMPREHENSIVE AND IS INCONSISTENT WITH THE 20 REQUIREMENTS OF THIS SECTION. 21 (c) PROMOTE THE DEVELOPMENT OF SAFE AND HEALTHY 22 RELATIONSHIPS FREE OF PHYSICAL, SEXUAL, AND EMOTIONAL ABUSE AND 23 VIOLENCE BY PROVIDING HUMAN SEXUALITY INSTRUCTION ON: 24 (I) HOW TO COMMUNICATE CONSENT, RECOGNIZE 25 COMMUNICATION OF CONSENT, AND RECOGNIZE WITHDRAWAL OF 26 CONSENT; 27 HB19-1032 -10- (II) HOW TO AVOID MAKING UNWANTED VERBAL, PHYSICAL, AND 1 SEXUAL ADVANCES; 2 (III) HOW TO AVOID MAKING ASSUMPTIONS ABOUT A PERSON'S 3 SUPPOSED SEXUAL INTENTIONS BASED ON THAT PERSON'S APPEARANCE OR 4 SEXUAL HISTORY; 5 (IV) HOW TO AVOID PURSUING A SEXUAL ENCOUNTER WITH A 6 PERSON WHO HAS NOT PROVIDED CONSENT OR WHO HAS WITHDRAWN 7 CONSENT; AND 8 (V) HOW TO RECOGNIZE AND RESPOND SAFELY AND EFFECTIVELY 9 IN SITUATIONS WHERE PHYSICAL, SEXUAL, OR EMOTIONAL ABUSE OR 10 VIOLENCE MAY BE OCCURRING OR WHERE THERE MAY BE A RISK FOR THESE 11 BEHAVIORS TO OCCUR; 12 (d) TEACH HOW ALCOHOL AND DRUG USE CAN AFFECT 13 RESPONSIBLE DECISION-MAKING AND IMPACT SEXUAL HEALTH; 14 (e) TEACH THAT SEXUAL HEALTH IS AN INTEGRAL PART OF ONE'S 15 OVERALL HEALTH AND WELLNESS; AND 16 (f) FOR SCHOOL DISTRICTS THAT HAVE ESTABLISHED A CHARACTER 17 EDUCATION PROGRAM PURSUANT TO SECTION 22-29-103, PROMOTE THE 18 GUIDELINES OF BEHAVIOR ESTABLISHED IN THE CHARACTER EDUCATION 19 PROGRAM. 20 (5) COMPREHENSIVE HUMAN SEXUALITY EDUCATION DOES NOT 21 REQUIRE INSTRUCTION ON PREGNANCY OUTCOME OPTIONS. HOWEVER, IF 22 A PUBLIC SCHOOL OPTS TO PROVIDE INSTRUCTION ON PREGNANCY 23 OUTCOME OPTIONS, THE INSTRUCTION MUST COVER ALL PREGNANCY 24 OUTCOME OPTIONS, INCLUDING BUT NOT LIMITED TO ADOPTION, 25 ABORTION, AND PARENTING. INSTRUCTION ON PREGNANCY OUTCOME 26 OPTIONS MUST BE PROVIDED IN AN OBJECTIVE, UNBIASED MANNER AND 27 HB19-1032 -11- MUST NOT ENDORSE OR FAVOR ONE OR MORE PREGNANCY OUTCOME 1 OPTIONS. 2 (6) (a) NOTHING IN SUBSECTION (4) OR (5) OF THIS SECTION SHALL 3 BE INTERPRETED TO PROHIBIT DISCUSSION OF MORAL, ETHICAL, OR 4 RELIGIOUS VALUES OF INDIVIDUALS AS THEY PERTAIN TO HUMAN 5 SEXUALITY, HEALTHY RELATIONSHIPS, OR FAMILY FORMATION. 6 (b) HOWEVER, HUMAN SEXUALITY INSTRUCTION MUST NOT 7 EXPLICITLY OR IMPLICITLY: 8 (I) TEACH OR ENDORSE RELIGIOUS IDEOLOGY OR SECTARIAN 9 TENETS OR DOCTRINE; 10 (II) USE SHAME-BASED OR STIGMATIZING LANGUAGE OR 11 INSTRUCTIONAL TOOLS; 12 (III) EMPLOY GENDER NORMS OR GENDER STEREOTYPES; OR 13 (IV) EXCLUDE THE RELATIONAL OR SEXUAL EXPERIENCES OF 14 LESBIAN, GAY, BISEXUAL, OR TRANSGENDER INDIVIDUALS. 15 (c) INSTRUCTION THAT INCLUDES ONE OR MORE OF THE 16 RESTRICTIONS IN SUBSECTION (6)(b) OF THIS SECTION IS NOT 17 COMPREHENSIVE AND IS NOT COMPLIANT WITH STATE LAW. 18 (7) PUBLIC SCHOOLS, SCHOOL DISTRICTS, AND BOARDS OF 19 COOPERATIVE SERVICES ARE ENCOURAGED TO INVOLVE TEACHERS, 20 SCHOOL NURSES, PARENTS, YOUTH, SEXUAL HEALTH ADVOCATES, AND 21 COMMUNITY PARTNERS IN THE DEVELOPMENT OF HUMAN SEXUALITY 22 INSTRUCTION THAT MEETS THE CONTENT REQUIREMENTS SET FORTH IN 23 SUBSECTION (4) OF THIS SECTION AND TO INTEGRATE AVAILABLE 24 COMMUNITY RESOURCES INTO PROGRAMS RELATED TO COMPREHENSIVE 25 HUMAN SEXUALITY EDUCATION. 26 (8) Written notification required. (a) EXCEPT AS OTHERWISE 27 HB19-1032 -12- PROVIDED IN SUBSECTION (4) OF THIS SECTION, A PUBLIC SCHOOL THAT 1 OFFERS HUMAN SEXUALITY INSTRUCTION SHALL PROVIDE TO THE PARENT 2 OR GUARDIAN OF EACH STUDENT, PRIOR TO COMMENCING THE 3 INSTRUCTION: 4 (I) WRITTEN NOTIFICATION OF THE ABILITY TO EXCUSE A STUDENT, 5 WITHOUT PENALTY OR ADDITIONAL ASSIGNMENT, UPON THE WRITTEN 6 REQUEST OF THE STUDENT'S PARENT OR GUARDIAN; AND 7 (II) A DETAILED, SUBSTANTIVE OUTLINE OF THE TOPICS AND 8 MATERIALS TO BE PRESENTED DURING THE HUMAN SEXUALITY 9 INSTRUCTION. 10 (b) HOWEVER, NOTHING IN THIS SECTION REQUIRES WRITTEN 11 NOTIFICATION FOR PROGRAMMING ON GENDER, GENDER EXPRESSION, 12 SEXUAL ORIENTATION, OR HEALTHY RELATIONSHIPS THAT OCCURS 13 OUTSIDE THE CONTEXT OF HUMAN SEXUALITY INSTRUCTION. 14 (9) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO REQUIRE 15 AN ACT OR PROCEDURE IN ADDITION TO THE SIGNATURE OF THE PARENT OR 16 GUARDIAN REQUIRED IN SUBSECTION (8) OF THIS SECTION TO EXCUSE A 17 STUDENT FROM HUMAN SEXUALITY INSTRUCTION. 18 (10) EACH SCHOOL DISTRICT BOARD OF EDUCATION, BOARD OF 19 COOPERATIVE SERVICES, GOVERNING BOARD OF A DISTRICT CHARTER 20 SCHOOL, OR THE STATE CHARTER SCHOOL INSTITUTE IS ENCOURAGED TO 21 DISSEMINATE POLICIES OR GUIDELINES TO ITS PUBLIC SCHOOLS TO ENSURE 22 THE IMPLEMENTATION OF THE PROVISIONS OF THIS SECTION IN A MANNER 23 THAT WILL NOT DRAW UNDUE ATTENTION TO, NOR CAUSE UNDUE 24 EMBARRASSMENT FOR, STUDENTS EXCUSED FROM THE HUMAN SEXUALITY 25 INSTRUCTION PURSUANT TO SUBSECTION (8)(a)(I) OF THIS SECTION. 26 (11) A PUBLIC SCHOOL THAT HAS RECEIVED, PRIOR TO JULY 1, 27 HB19-1032 -13- 2013, DIRECT OR INDIRECT MONEY FROM THE FEDERAL GOVERNMENT FOR 1 THE PROVISION OF AN ABSTINENCE EDUCATION PROGRAM PURSUANT TO 42 2 U.S.C. SEC. 710, AS AMENDED, IS NOT REQUIRED TO ADOPT THE CONTENT 3 REQUIREMENTS FOR COMPREHENSIVE HUMAN SEXUALITY EDUCATION 4 DESCRIBED IN THIS SECTION FOR THE YEAR OR YEARS FOR WHICH THE 5 PUBLIC SCHOOL RECEIVED SUCH MONEY. ON AND AFTER JULY 1, 2013, A 6 PUBLIC SCHOOL SHALL NOT USE ANY DIRECT OR INDIRECT MONEY FROM 7 THE FEDERAL GOVERNMENT FOR THE PROVISION OF AN ABSTINENCE 8 EDUCATION PROGRAM PURSUANT TO 42 U.S.C. SEC. 710, AS AMENDED. A 9 PUBLIC SCHOOL SHALL NOT ENGAGE THE INSTRUCTIONAL SERVICES OF ANY 10 ORGANIZATION OR INDIVIDUAL THAT IS A DIRECT OR INDIRECT RECIPIENT 11 OF MONEY FROM THE FEDERAL GOVERNMENT PURSUANT TO 42 U.S.C. SEC. 12 710, AS AMENDED, AS THE GUIDELINES SET FORTH IN 42 U.S.C. SEC. 710, 13 AS AMENDED, ARE INCONSISTENT WITH THE PROVISIONS OF THIS SECTION. 14 A PUBLIC SCHOOL MAY USE FEDERAL MONEY FOR COMPREHENSIVE HUMAN 15 SEXUALITY EDUCATION, AS LONG AS THE INSTRUCTION OF THE PUBLIC 16 SCHOOL MEETS THE COMPREHENSIVE HUMAN SEXUALITY EDUCATION 17 CONTENT REQUIREMENTS SET FORTH IN THIS SECTION. 18 (12) NOTHING IN THIS SECTION REQUIRES AMENDING ANY 19 CONTENT STANDARDS RELATED TO COMPREHENSIVE HUMAN SEXUALITY 20 EDUCATION DEVELOPED BY THE DEPARTMENT OF EDUCATION AND 21 ADOPTED BY THE STATE BOARD OF EDUCATION PRIOR TO JULY 1, 2018. 22 (13) THE PROVISIONS OF THIS SECTION DO NOT APPLY TO PUBLIC 23 SCHOOL STUDENTS IN PRESCHOOL THROUGH THIRD GRADE UNLESS THE 24 CONTENT OF THE INSTRUCTION RELATES TO PERSONAL HYGIENE, HEALTHY 25 HABITS, HEALTHY EMOTIONAL EXPRESSION, POSITIVE SELF-CONCEPT AND 26 RESPECT OF OTHERS, HEALTHY RELATIONSHIPS WITH ADULTS AND PEERS, 27 HB19-1032 -14- RESPECTING PERSONAL SPACE AND BOUNDARIES, INTERPERSONAL 1 COMMUNICATION SKILLS, AND PERSONAL SAFETY, AS IDENTIFIED IN THE 2 CONTENT STANDARDS DEVELOPED BY THE DEPARTMENT OF EDUCATION 3 AND ADOPTED BY THE STATE BOARD OF EDUCATION. 4 (14) A PUBLIC SCHOOL MAY SEEK GRANT MONEY PURSUANT TO 5 ARTICLE 44 OF TITLE 25 TO IMPLEMENT THE COMPREHENSIVE HUMAN 6 SEXUALITY EDUCATION CONTENT REQUIREMENTS SET FORTH IN THIS 7 SECTION. HOWEVER, COMPLIANCE WITH THIS SECTION IS NOT CONTINGENT 8 UPON RECEIPT OF GRANT MONEY PURSUANT TO ARTICLE 44 OF TITLE 25, 9 NOR IS IT CONTINGENT ON RECEIPT OF ANY OTHER STATE OR FEDERAL 10 FUNDS, OR PUBLIC OR PRIVATE GIFTS, GRANTS, OR DONATIONS. 11 SECTION 3. In Colorado Revised Statutes, 25-44-101, amend 12 the introductory portion, (3), (6), (8), and (10); repeal (2); and add (10.5) 13 as follows: 14 25-44-101. Definitions. As used in this article ARTICLE 44, unless 15 the context otherwise requires: 16 (2) "Cash fund" means the comprehensive human sexuality 17 education grant program cash fund created in section 25-44-104. 18 (3) "Comprehensive human sexuality education" means HUMAN 19 SEXUALITY INSTRUCTION THAT IS medically accurate, information about 20 all methods to prevent unintended pregnancy and sexually transmitted 21 infections, including HIV, the link between human papillomavirus and 22 cancer, and other types of cancer involving the human reproductive 23 systems, including prostate, testicular, ovarian, and uterine cancer. 24 Methods AGE-APPROPRIATE, CULTURALLY SENSITIVE, AND INCLUSIVE OF 25 A POSITIVE YOUTH DEVELOPMENT FRAMEWORK. COMPREHENSIVE HUMAN 26 SEXUALITY EDUCATION TEACHES YOUTH PREVENTIVE METHODS FOR 27 HB19-1032 -15- AVOIDING UNINTENDED PREGNANCY AND SEXUALLY TRANSMITTED 1 INFECTIONS. PREVENTIVE METHODS TAUGHT must include information 2 about the correct and consistent use of SEXUAL abstinence, 3 CONTRACEPTION, INCLUDING ALL FEDERAL FOOD AND DRUG 4 ADMINISTRATION-APPROVED FORMS OF contraception, EMERGENCY 5 CONTRACEPTION, condoms, other barrier methods, and other prevention 6 measures. Additional contents of comprehensive human sexuality 7 education must include: 8 (a) Encouraging family communication about sexuality; 9 (b) Teaching young people to avoid making unwanted verbal, 10 physical, and sexual advances; 11 (c) Discussions and information on how to recognize and respond 12 safely and effectively in situations where sexual or physical violence may 13 be occurring or where there may be a risk for these behaviors to occur; 14 (d) Focusing on the development of safe relationships, including 15 the prevention of sexual violence in dating; and 16 (e) Teaching young people how alcohol and drug use can affect 17 responsible decision-making PREVENTIVE METHODS. HUMAN SEXUALITY 18 INSTRUCTION MUST COMPLY WITH THE CONTENT REQUIREMENTS SET 19 FORTH IN SECTION 22-1-128. 20 (6) "Evidence-based program" means a program that: 21 (a) Was evaluated using a rigorous research design, including: 22 (I) Measuring knowledge, attitude, and behavior; 23 (II) Having an adequate sample size; 24 (III) Using sound research methods and processes; 25 (IV) Replicating in different locations and finding similar 26 evaluation results; and 27 HB19-1032 -16- (V) Publishing results in a peer-reviewed journal; 1 (b) Research has shown to be effective in changing at least one of 2 the following behaviors that contribute to early pregnancy, sexually 3 transmitted infections and disease, and HIV infection: 4 (I) Delaying sexual initiation; 5 (II) Reducing the frequency of sexual intercourse; 6 (III) Reducing the number of sexual partners; or 7 (IV) Increasing the use of condoms and other contraceptives 8 "MEDICALLY ACCURATE" HAS THE SAME MEANING AS DEFINED IN SECTION 9 22-1-128. 10 (8) "Positive youth development" means an approach that 11 emphasizes the many positive attributes of young people YOUTH and 12 focuses on developing inherent strengths and assets to promote health. 13 Positive youth development is culturally sensitive, age-appropriate, 14 inclusive of all youth, collaborative, and strength-based. 15 (10) "Public school" means a school of a school district, a district 16 charter school, an institute charter school, a facility school, or a SCHOOL 17 OPERATED BY A board of cooperative services. as defined in section 18 22-5-103. 19 (10.5) "SEXUAL ABSTINENCE" HAS THE SAME MEANING AS DEFINED 20 IN SECTION 22-1-128. 21 SECTION 4. In Colorado Revised Statutes, amend 25-44-102 as 22 follows: 23 25-44-102. Comprehensive human sexuality education grant 24 program - creation - notification to schools - report - rules. (1) There 25 is hereby created in the department the comprehensive human sexuality 26 education grant program. The purpose of the program is to provide 27 HB19-1032 -17- moneys MONEY to public schools and school districts for use in the 1 creation and implementation of comprehensive human sexuality 2 education programs in their curriculum PURSUANT TO SECTION 22-1-128. 3 (2) Upon receipt of federal moneys MONEY or other 4 appropriations, to the cash fund, the department, in conjunction with the 5 oversight entity, shall notify the school districts, the state charter school 6 institute, and boards of cooperative services throughout the state of grants 7 available through the program. 8 (3) Based on the recommendations of the oversight entity, the 9 department shall award grants to public schools and school districts for 10 periods of one to three years. 11 (4) Moneys MONEY distributed to public schools and school 12 districts through the program must only be used for the provision of 13 comprehensive human sexuality education programs INSTRUCTION that 14 comply COMPLIES with the provisions of and meet or exceed the CONTENT 15 requirements for comprehensive human sexuality curriculum EDUCATION 16 set forth in section 22-1-128 C.R.S., and developed pursuant to section 17 22-25-104 (3). C.R.S. 18 (5) On or before December 1, 2013 DECEMBER 1, 2019, or not 19 more than ninety days after the department receives sufficient moneys 20 MONEY to implement the program, whichever is later, the state board shall 21 promulgate rules, IF NECESSARY, for the administration of this article 22 ARTICLE 44, using the recommendations developed by the oversight entity 23 pursuant to section 25-44-103 (2)(b). 24 (6) (a) On or before January 30, 2017 JANUARY 30, 2021, and 25 every year thereafter in which grants have been awarded pursuant to this 26 article ARTICLE 44, the department shall submit a report concerning the 27 HB19-1032 -18- outcomes of the program to the state board of education, the department 1 of education, and the education committees of the senate and house of 2 representatives, the health and human services committee of the senate, 3 and the public health care and human services committee of the house of 4 representatives, or any successor committees. The report must include, at 5 a minimum: 6 (I) The number of public schools and school districts that received 7 a grant under the program; 8 (II) The number of students reached and the curriculum 9 INSTRUCTION utilized; 10 (III) The amount of each grant awarded; 11 (IV) The average amount of all grants awarded; and 12 (V) The source and amount of each gift, grant, or donation 13 received by the department for the implementation of this article AN 14 ANALYSIS BY THE DEPARTMENT OF THE IMPACT OF FUNDING. 15 (b) Pursuant to NOTWITHSTANDING THE PROVISIONS OF section 16 24-1-136 (11)(a)(I), THE REPORT REQUIRED IN this subsection (6) is 17 repealed, effective July 2, 2020 CONTINUES INDEFINITELY. 18 (7) Notwithstanding any other provision of this article ARTICLE 44, 19 the department shall IS not be required to implement the provisions of this 20 article ARTICLE 44 until sufficient moneys have MONEY HAS been received 21 and transferred or appropriated. to the cash fund. 22 (8) The provisions of this article shall not apply to students in 23 kindergarten through third grade unless the content of the instruction 24 relates to personal hygiene, healthy habits, respecting personal space and 25 boundaries, interpersonal communication skills, and personal safety, as 26 identified in the content standards developed by the department of 27 HB19-1032 -19- education and adopted by the state board of education. 1 SECTION 5. In Colorado Revised Statutes, amend 25-44-103 as 2 follows: 3 25-44-103. Comprehensive human sexuality education grant 4 program - oversight entity - duties - application process. (1) On or 5 before July 1, 2013 JULY 1, 2019, the department shall convene the 6 interagency youth sexual health team, referred to in this article ARTICLE 7 44 as the "oversight entity". Membership of the oversight entity must 8 include: 9 (a) The executive director of the department of public health and 10 environment, or his or her THE EXECUTIVE DIRECTOR'S designee; 11 (b) The executive director of the department of health care policy 12 and financing, or his or her THE EXECUTIVE DIRECTOR'S designee; 13 (c) The commissioner of education, or his or her THE 14 COMMISSIONER'S designee; 15 (d) The executive director of the department of human services, 16 or his or her THE EXECUTIVE DIRECTOR'S designee; and 17 (e) A parent representative; appointed by the department of health. 18 (f) A YOUTH REPRESENTATIVE; 19 (g) A REPRESENTATIVE OF KINDERGARTEN THROUGH 20 TWELFTH-GRADE EDUCATORS; 21 (h) A REPRESENTATIVE OF SCHOOL-BASED HEALTH CENTERS OR A 22 SCHOOL NURSE; 23 (i) A REPRESENTATIVE OF A STATEWIDE COALITION FOR SURVIVORS 24 OF SEXUAL ASSAULT; 25 (j) A REPRESENTATIVE OF AN ORGANIZATION SERVING THE NEEDS 26 OF YOUTH OF COLOR; 27 HB19-1032 -20- (k) A REPRESENTATIVE OF AN ORGANIZATION SERVING THE NEEDS 1 OF IMMIGRANTS; 2 (l) A REPRESENTATIVE OF AN ORGANIZATION SERVING THE NEEDS 3 OF LESBIAN, GAY, BISEXUAL, AND TRANSGENDER YOUTH; AND 4 (m) A REPRESENTATIVE FROM AN INTERFAITH ORGANIZATION. 5 (1.5) THE MEMBERS SPECIFIED IN SUBSECTIONS (1)(e) TO (1)(m) 6 OF THIS SECTION SHALL BE APPOINTED BY THE DEPARTMENT. THE 7 MEMBERSHIP OF THE OVERSIGHT ENTITY SHALL AT ALL TIMES BE 8 COMPRISED OF AT LEAST SEVEN MEMBERS WHO ARE MEMBERS OF GROUPS 9 OF PEOPLE WHO HAVE BEEN OR WHO MIGHT BE DISCRIMINATED AGAINST 10 BECAUSE OF DISABILITY, RACE, CREED, COLOR, GENDER, GENDER 11 EXPRESSION, IMMIGRATION STATUS, SEXUAL ORIENTATION, NATIONAL 12 ORIGIN, ANCESTRY, MARITAL STATUS, RELIGION, OR AGE. 13 (2) The oversight entity has the following duties: 14 (a) During the 2013-14 2019-20 academic year and every 15 academic year thereafter, to assess opportunities for available federal and 16 state moneys to fund MONEY FOR the program; except that the oversight 17 entity shall not recommend applying for any federal or state moneys 18 MONEY that promote PROMOTES SEXUAL abstinence as the sole behavioral 19 ACCEPTABLE PREVENTIVE method for youth or funding MONEY requiring 20 adherence to the A-H guidelines of section 510 (b) of title V of the 21 federal "Social Security Act", Pub. L. 104-193 42 U.S.C. SEC. 710, AS 22 AMENDED, which are inconsistent with the provisions of section 22-1-128. 23 C.R.S. The oversight entity will SHALL provide information to the 24 appropriate state departments concerning available federal and state 25 moneys MONEY related to comprehensive human sexuality education 26 funds for which a given department is eligible to apply. 27 HB19-1032 -21- (b) To develop policies and procedures for the implementation of 1 the program and recommend such policies and procedures to the state 2 board for adoption by rule pursuant to section 25-44-102. The policies 3 and procedures must include but are not limited to: 4 (I) A process by which public schools and school districts will be 5 ARE notified of available program funds MONEY for comprehensive 6 human sexuality education; 7 (II) The procedures by which public schools and school districts 8 may apply for grants pursuant to this article ARTICLE 44. Each grant 9 application must, at a minimum, describe: 10 (A) How the applicant public school or school district will MUST 11 use any awarded grant moneys MONEY to provide comprehensive human 12 sexuality education to its student population; 13 (B) How the proposed comprehensive human sexuality education 14 program complies with THE CONTENT REQUIREMENTS OF section 22-1-128 15 C.R.S., and article 25 of title 22 C.R.S., and is evidence-based 16 MEDICALLY ACCURATE, culturally sensitive, and represents positive youth 17 development principles; 18 (C) How many students the public school or school district 19 expects to reach through the comprehensive human sexuality education 20 program; and 21 (D) The length of time for which the applicant is requesting grant 22 moneys MONEY; AND 23 (E) DEMONSTRATED EVIDENCE OF THE NEED FOR MONEY NEEDED 24 FOR AN APPLICANT SCHOOL DISTRICT OR PUBLIC SCHOOL TO IMPLEMENT 25 COMPREHENSIVE HUMAN SEXUALITY EDUCATION PURSUANT TO SECTION 26 22-1-128; 27 HB19-1032 -22- (III) Criteria for the oversight entity to apply in selecting public 1 schools and school districts that may receive grants and how to determine 2 the amount of grant moneys MONEY to be awarded to each grant recipient. 3 The criteria must include a requirement that the proposed comprehensive 4 human sexuality education program complies with sections 22-1-128 and 5 22-25-104 C.R.S., and is evidence-based MEDICALLY ACCURATE, 6 culturally sensitive, and represents positive youth development principles. 7 THE CRITERIA MUST ALSO INCLUDE A REQUIREMENT THAT RURAL PUBLIC 8 SCHOOLS OR PUBLIC SCHOOLS THAT DO NOT CURRENTLY OFFER 9 COMPREHENSIVE HUMAN SEXUALITY EDUCATION RECEIVE PRIORITY WHEN 10 SELECTING GRANT RECIPIENTS. 11 (c) In conjunction with the department, to solicit grant 12 applications from public schools and school districts; AND 13 (d) To review grant applications and, based on the criteria 14 developed pursuant to paragraph (b) SUBSECTION (2)(b) of this subsection 15 SECTION, make recommendations to the department concerning which 16 public schools or school districts should receive grants and in what 17 amount. 18 SECTION 6. In Colorado Revised Statutes, repeal and reenact, 19 with amendments, 25-44-104 as follows: 20 25-44-104. Appropriation - gifts, grants, and donations - uses. 21 (1) BEGINNING IN THE 2019-20 BUDGET YEAR AND EACH BUDGET YEAR 22 THEREAFTER, THE GENERAL ASSEMBLY SHALL ANNUALLY APPROPRIATE AT 23 LEAST ONE MILLION DOLLARS TO THE DEPARTMENT FOR THE 24 COMPREHENSIVE HUMAN SEXUALITY EDUCATION GRANT PROGRAM. 25 (2) THE DEPARTMENT MAY SEEK, ACCEPT, AND EXPEND PUBLIC OR 26 PRIVATE GIFTS, GRANTS, AND DONATIONS FROM PUBLIC AND PRIVATE 27 HB19-1032 -23- SOURCES TO IMPLEMENT THIS ARTICLE 44; EXCEPT THAT THE DEPARTMENT 1 SHALL NOT ACCEPT A GIFT, GRANT, OR DONATION THAT IS SUBJECT TO 2 CONDITIONS THAT ARE INCONSISTENT WITH THE PROVISIONS OF SECTION 3 25-44-102 (2) OR ANY OTHER STATE LAW. THE DEPARTMENT IS 4 AUTHORIZED TO EXPEND A REASONABLE AMOUNT OF THE MONEY 5 APPROPRIATED OR RECEIVED FOR THE PROGRAM FOR THE DIRECT AND 6 INDIRECT COSTS ASSOCIATED WITH ADMINISTERING THE PROGRAM, UNLESS 7 OTHERWISE PROVIDED BY ANY PROVISION RELATED TO THE DEPARTMENT'S 8 RECEIPT OF FEDERAL MONEY THAT IS APPLIED TO THE PROGRAM. 9 SECTION 7. In Colorado Revised Statutes, 22-2-117, amend 10 (1)(b)(VI) and (1)(b)(VII); and add (1)(b)(VIII) as follows: 11 22-2-117. Additional power - state board - waiver of 12 requirements - rules. (1) (b) The state board shall not waive any of the 13 requirements specified in any of the following statutory provisions: 14 (VI) The requirement to post on the internet the statutes for which 15 waivers are granted as provided in section 22-44-305; or 16 (VII) Any provisions of section 22-1-130, relating to notification 17 to parents of alleged criminal conduct by school district employees; OR 18 (VIII) ANY PROVISIONS OF SECTION 22-1-128, RELATING TO 19 COMPREHENSIVE HUMAN SEXUALITY EDUCATION CONTENT 20 REQUIREMENTS. 21 SECTION 8. In Colorado Revised Statutes, 22-25-110, amend 22 (2) introductory portion; and repeal (2)(c) as follows: 23 22-25-110. Funding of existing programs - operation of other 24 health education programs. (2) Nothing in this article shall be 25 interpreted to require ARTICLE 25 REQUIRES a school district or board of 26 cooperative services to establish a local comprehensive health education 27 HB19-1032 -24- program nor shall it be interpreted to prevent a school district or board of 1 cooperative services from offering a health education program which 2 THAT is not operated under the requirements of this article ARTICLE 25; 3 except that any school district or board of cooperative services offering 4 such a health education program shall: 5 (c) Unless the school district or board of cooperative services is 6 receiving direct or indirect funding from the federal government for the 7 provision of an abstinence education program pursuant to 42 U.S.C. sec. 8 710 as described in section 22-1-128 (9), comply with the requirements 9 specified in section 22-1-128 (6) regarding the adoption of science-based 10 content standards for instruction regarding human sexuality. 11 SECTION 9. In Colorado Revised Statutes, 22-30.5-104, amend 12 (6)(c)(VI) and (6)(c)(VII); and add (6)(c)(VIII) as follows: 13 22-30.5-104. Charter school - requirements - authority - rules. 14 (6) (c) A school district, on behalf of a charter school, may apply to the 15 state board for a waiver of a state statute or state rule that is not an 16 automatic waiver. Notwithstanding any provision of this subsection (6) 17 to the contrary, the state board may not waive any statute or rule relating 18 to: 19 (VI) The requirement to post on the internet the statutes for which 20 waivers are granted as provided in section 22-44-305; or 21 (VII) Any provisions of section 22-1-130, relating to notification 22 to parents of alleged criminal conduct by charter school employees; OR 23 (VIII) ANY PROVISIONS OF SECTION 22-1-128, RELATING TO 24 COMPREHENSIVE HUMAN SEXUALITY EDUCATION CONTENT 25 REQUIREMENTS. 26 SECTION 10. In Colorado Revised Statutes, 22-30.5-507, 27 HB19-1032 -25- amend (7)(b)(VI) and (7)(b)(VII); and add (7)(b)(VIII) as follows: 1 22-30.5-507. Institute charter school - requirements - 2 authority - rules. (7) (b) An institute charter school may apply to the 3 state board, through the institute, for a waiver of state statutes and state 4 rules that are not automatic waivers. The state board may waive state 5 statutory requirements or rules promulgated by the state board; except that 6 the state board may not waive any statute or rule relating to: 7 (VI) The requirement to post on the internet the statutes for which 8 waivers are granted as provided in section 22-44-305; or 9 (VII) Any provisions of section 22-1-130, relating to notification 10 to parents of alleged criminal conduct by institute charter school 11 employees; OR 12 (VIII) ANY PROVISIONS OF SECTION 22-1-128, RELATING TO THE 13 COMPREHENSIVE HUMAN SEXUALITY EDUCATION CONTENT 14 REQUIREMENTS. 15 SECTION 11. Safety clause. The general assembly hereby finds, 16 determines, and declares that this act is necessary for the immediate 17 preservation of the public peace, health, and safety. 18 HB19-1032 -26-

HOUSE BILL 19-1032 BY REPRESENTATIVE(S) Lontine and Caraveo, Arndt, Bird, Buckner, Buentello, Coleman, Cutter, Duran, Esgar, Froelich, Galindo, Gonzales-Gutierrez, Hansen, Herod, Hooton, Jackson, Jaquez Lewis, Kennedy, Kipp, McCluskie, Melton, Michaelson Jenet, Mullica, Roberts, Singer, Sirota, Snyder, Tipper, Valdez A., Weissman, Becker, Titone; also SENATOR(S) Todd and Coram, Bridges, Court, Danielson, Fenberg, Fields, Ginal, Gonzales, Lee, Pettersen, Rodriguez, Story, Winter. CONCERNING COMPREHENSIVE HUMAN SEXUALITY EDUCATION, AND, IN CONNECTION THEREWITH, MAKING AN APPROPRIATION. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. Legislative declaration. The general assembly finds that when accounting for all fifty states and the District of Columbia, Colorado is the only state that does not have a health graduation requirement. Twenty-four states and the District of Columbia mandate sexual health education as a graduation requirement, and thirty-four states and the District of Columbia mandate human immunodeficiency virus (HIV) education as a graduation requirement. Colorado does not mandate sexual health education or HIV education. NOTE: This bill has been prepared for the signatures of the appropriate legislative officers and the Governor. To determine whether the Governor has signed the bill or taken other action on it, please consult the legislative status sheet, the legislative history, or the Session Laws. ________ Capital letters or bold & italic numbers indicate new material added to existing law; dashes through words or numbers indicate deletions from existing law and such material is not part of the act. SECTION 2. In Colorado Revised Statutes, 22-1-128, amend (2)(c), (6) introductory portion, (6)(b), (6)(c), (6)(f), (7), and (11); and add (2)(b.5), (2)(d.3), (2)(d.5), (2)(d.7), (2)(d.9), (6)(i), (6)(j), (6.5), and (12) as follows: 22-1-128. Comprehensive human sexuality education - legislative declaration - definitions - guidelines and content standards. (2) As used in this section, unless the context otherwise requires: (b.5) "CONSENT" MEANS THE AFFIRMATIVE, UNAMBIGUOUS, VOLUNTARY, CONTINUOUS, KNOWING AGREEMENT BETWEEN ALL PARTICIPANTS IN EACH PHYSICAL ACT WITHIN THE COURSE OF A SEXUAL ENCOUNTER OR INTERPERSONAL RELATIONSHIP. (c) "Culturally sensitive" means the integration of knowledge about individuals and groups of people into specific standards, requirements, policies, practices, and attitudes used to increase the quality of services. "Culturally sensitive" includes resources, references, and information that are meaningful to the experiences and needs of communities of color; immigrant communities; lesbian, gay, bisexual, and transgender communities; PEOPLE WHO ARE INTERSEX; people with physical or intellectual disabilities; people who have experienced sexual victimization; and others whose experiences have traditionally been left out of sexual health education, programs, and policies. (d.3) "GENDER STEREOTYPE" MEANS A GENERALIZED VIEW OR PRECONCEPTION ABOUT WHAT ATTRIBUTES, CHARACTERISTICS, OR ROLES ARE, OR OUGHT TO BE, TAUGHT, POSSESSED BY, OR PERFORMED BY WOMEN AND MEN. (d.5) "HEALTHY RELATIONSHIP" MEANS AN INTERPERSONAL RELATIONSHIP THAT IS FREE OF PHYSICAL, SEXUAL, AND EMOTIONAL ABUSE, COERCION, AND VIOLENCE. (d.7) "HUMAN SEXUALITY INSTRUCTION" OR "INSTRUCTION" MEANS AN ORAL, WRITTEN, OR DIGITAL LESSON, LECTURE, OR PRESENTATION GIVEN BY SCHOOL STAFF OR NONSCHOOL STAFF THAT TEACHES ABOUT ABSTINENCE OR SEXUAL ACTIVITY IN THE CONTEXT OF STUDENT HEALTH OR HEALTHY RELATIONSHIPS. INSTRUCTION DOES NOT INCLUDE STUDENT SPEECH. (d.9) "MEDICALLY ACCURATE" MEANS VERIFIED OR SUPPORTED BY PAGE 2-HOUSE BILL 19-1032 RESEARCH CONDUCTED IN COMPLIANCE WITH SCIENTIFIC METHODS AND PUBLISHED IN PEER-REVIEWED JOURNALS, WHERE APPROPRIATE, AND RECOGNIZED AS ACCURATE, OBJECTIVE, AND UNBIASED BY THE AMERICAN PUBLIC HEALTH ASSOCIATION, THE AMERICAN ACADEMY OF PEDIATRICS, OR THE AMERICAN COLLEGE OF OBSTETRICIANS AND GYNECOLOGISTS. (6) Except as described in subsection (9) of this section, HUMAN SEXUALITY INSTRUCTION IS NOT REQUIRED. HOWEVER, IF a school district, board of cooperative services, charter school, or institute charter school that offers a planned curriculum related to comprehensive human sexuality education must, in offering such a curriculum, maintain established requirements for the comprehensive human sexuality curriculum INSTRUCTION, THE INSTRUCTION MUST BE COMPREHENSIVE AND MEET THE COMPREHENSIVE HUMAN SEXUALITY EDUCATION CONTENT REQUIREMENTS. These requirements must: (b) Include medically accurate information about methods to prevent unintended pregnancy and sexually transmitted infections, including HIV/AIDS, and the link between human papillomavirus and cancer. Methods TAUGHT shall include information about the correct and consistent use of abstinence, contraception, INCLUDING ALL FDA APPROVED FORMS OF CONTRACEPTION, condoms, and other barrier methods AND MUST BE TAUGHT IN A COHESIVE, INTEGRATED, OBJECTIVE MANNER SO THAT YOUTH LEARN THE FULL SCOPE OF PREVENTIVE METHODS AVAILABLE TO THEM AND ARE EMPOWERED TO DECIDE FOR THEMSELVES WHICH PREVENTIVE METHODS ARE BEST SUITED FOR THEIR INDIVIDUAL NEEDS, BELIEFS, AND VALUES. (c) Include instruction to help students develop skills for making responsible and healthy decisions about human sexuality, personal power, boundary setting, developing safe and healthy relationships, and resisting peer pressure, including how to avoid PROMOTE THE DEVELOPMENT OF HEALTHY RELATIONSHIPS BY PROVIDING HUMAN SEXUALITY INSTRUCTION ON: (I) HOW TO COMMUNICATE CONSENT, RECOGNIZE COMMUNICATION OF CONSENT, RECOGNIZE WITHDRAWAL OF CONSENT, AND UNDERSTAND AGE OF CONSENT AS IT RELATES TO SECTION 18-3-402; (I) (II) Making HOW TO AVOID MAKING unwanted verbal, physical, and sexual advances; and PAGE 3-HOUSE BILL 19-1032 (II) (III) Making HOW TO AVOID MAKING assumptions about a person's supposed sexual intentions based on that person's appearance OR SEXUAL HISTORY; AND (IV) HOW TO AVOID PURSUING A SEXUAL ENCOUNTER WITH A PERSON OR PERSUADING A PERSON TO PARTICIPATE IN A SEXUAL ENCOUNTER WHEN THAT PERSON HAS NOT PROVIDED CONSENT OR HAS WITHDRAWN CONSENT; (f) Be comprehensive, age-appropriate, evidence-based, culturally sensitive, inclusive of a positive youth development framework, and medically accurate; (i) NOT EMPHASIZE SEXUAL ABSTINENCE AS THE PRIMARY OR SOLE ACCEPTABLE PREVENTIVE METHOD AVAILABLE TO STUDENTS. A SCHOOL DISTRICT, BOARD OF COOPERATIVE SERVICES, CHARTER SCHOOL, OR INSTITUTE CHARTER SCHOOL SHALL NOT ENGAGE THE INSTRUCTIONAL SERVICES OF AN ORGANIZATION OR INDIVIDUAL THAT IS A DIRECT OR INDIRECT RECIPIENT OF MONEY FROM THE FEDERAL GOVERNMENT PURSUANT TO 42 U.S.C. SEC. 710, AS AMENDED, BECAUSE THE GUIDELINES OF 42 U.S.C. SEC. 710 ARE INCONSISTENT WITH THE PROVISIONS OF THIS SECTION; AND (j) PROVIDE AGE-APPROPRIATE INFORMATION CONCERNING SECTIONS 18-6-401 (9) AND 19-3-304.5, OR ANY SUCCESSOR LAWS, REFERRED TO GENERALLY AS "SAFE HAVEN LAWS", RELATING TO THE SAFE ABANDONMENT OF A CHILD TO A FIREFIGHTER AT A FIRE STATION OR TO A STAFF MEMBER AT A HOSPITAL OR A COMMUNITY CLINIC EMERGENCY CENTER WITHIN THE FIRST SEVENTY-TWO HOURS OF THE CHILD'S LIFE. (6.5) COMPREHENSIVE HUMAN SEXUALITY EDUCATION DOES NOT REQUIRE INSTRUCTION ON PREGNANCY OUTCOME OPTIONS. HOWEVER, IF A SCHOOL DISTRICT, BOARD OF COOPERATIVE SERVICES, CHARTER SCHOOL, OR INSTITUTE CHARTER SCHOOL OPTS TO PROVIDE INSTRUCTION ON PREGNANCY OUTCOME OPTIONS, THE INSTRUCTION MUST COVER ALL PREGNANCY OUTCOME OPTIONS, INCLUDING BUT NOT LIMITED TO ADOPTION, ABORTION, PARENTING, AND INFORMATION CONCERNING SECTIONS 18-6-401 (9) AND 19-3-304.5, OR ANY SUCCESSOR LAWS, REFERRED TO GENERALLY AS "SAFE HAVEN LAWS." INSTRUCTION ON PREGNANCY OUTCOME OPTIONS MUST BE PROVIDED IN AN OBJECTIVE, UNBIASED MANNER AND MUST NOT ENDORSE OR FAVOR ONE OR MORE PREGNANCY OUTCOME OPTIONS. PAGE 4-HOUSE BILL 19-1032 (7) (a) Nothing in subsection (6) OR (6.5) of this section shall be interpreted to prohibit discussion of health, moral, ethical, or religious values as they pertain to comprehensive human sexuality, healthy relationships, or family formation. SUCH DISCUSSION IS ENCOURAGED. (b) HOWEVER, HUMAN SEXUALITY INSTRUCTION MUST NOT EXPLICITLY OR IMPLICITLY: (I) USE SHAME-BASED OR STIGMATIZING LANGUAGE OR INSTRUCTIONAL TOOLS; (II) EMPLOY GENDER STEREOTYPES; OR (III) EXCLUDE THE HEALTH NEEDS OF INTERSEX INDIVIDUALS OR LESBIAN, GAY, BISEXUAL, OR TRANSGENDER INDIVIDUALS. (11) The provisions of this section shall not apply to students in kindergarten through third grade. unless the content of the instruction relates to personal hygiene, healthy habits, respecting personal space and boundaries, interpersonal communication skills, and personal safety, as identified in the content standards developed by the department and adopted by the state board. (12) A SCHOOL DISTRICT, BOARD OF COOPERATIVE SERVICES, CHARTER SCHOOL, OR INSTITUTE CHARTER SCHOOL MAY SEEK GRANT MONEY PURSUANT TO ARTICLE 44 OF TITLE 25 TO IMPLEMENT THE COMPREHENSIVE HUMAN SEXUALITY EDUCATION CONTENT REQUIREMENTS SET FORTH IN THIS SECTION. HOWEVER, COMPLIANCE WITH THIS SECTION IS NOT CONTINGENT UPON RECEIPT OF GRANT MONEY PURSUANT TO ARTICLE 44 OF TITLE 25, NOR IS IT CONTINGENT ON RECEIPT OF ANY OTHER STATE OR FEDERAL FUNDS, OR PUBLIC OR PRIVATE GIFTS, GRANTS, OR DONATIONS. SECTION 3. In Colorado Revised Statutes, 25-44-101, repeal (2); and add (6.5) as follows: 25-44-101. Definitions. As used in this article ARTICLE 44, unless the context otherwise requires: (2) "Cash fund" means the comprehensive human sexuality education grant program cash fund created in section 25-44-104. PAGE 5-HOUSE BILL 19-1032 (6.5) "MEDICALLY ACCURATE" HAS THE SAME MEANING AS DEFINED IN SECTION 22-1-128. SECTION 4. In Colorado Revised Statutes, amend 25-44-102 as follows: 25-44-102. Comprehensive human sexuality education grant program - creation - notification to schools - report - rules. (1) There is hereby created in the department the comprehensive human sexuality education grant program. The purpose of the program is to provide moneys MONEY to public schools and school districts for use in the creation and implementation of comprehensive human sexuality education programs in their curriculum PURSUANT TO SECTION 22-1-128. (2) Upon receipt of federal moneys MONEY or other appropriations, to the cash fund, the department, in conjunction with the oversight entity, shall notify the school districts, the state charter school institute, and boards of cooperative services throughout the state of grants available through the program. (3) Based on the recommendations of the oversight entity, the department shall award grants to public schools and school districts for periods of one to three years. (4) Moneys MONEY distributed to public schools and school districts through the program must only be used for the provision of comprehensive human sexuality education programs INSTRUCTION that comply COMPLIES with the provisions of and meet or exceed the CONTENT requirements for comprehensive human sexuality curriculum EDUCATION set forth in section 22-1-128 C.R.S., and developed pursuant to section 22-25-104 (3). C.R.S. (5) On or before December 1, 2013 DECEMBER 1, 2019, or not more than ninety days after the department receives sufficient moneys MONEY to implement the program, whichever is later, the state board shall promulgate rules, IF NECESSARY, for the administration of this article ARTICLE 44, using the recommendations developed by the oversight entity pursuant to section 25-44-103 (2)(b). (6) (a) On or before January 30, 2017 JANUARY 30, 2021, and every year thereafter in which grants have been awarded pursuant to this article PAGE 6-HOUSE BILL 19-1032 ARTICLE 44, the department shall submit a report concerning the outcomes of the program to the state board of education, the department of education, and the education committees of the senate and house of representatives, the health and human services committee of the senate, and the public health care and human services committee of the house of representatives, or any successor committees. The report must include, at a minimum: (I) The number of public schools and school districts that received a grant under the program; (II) The number of students reached and the curriculum INSTRUCTION utilized; (III) The amount of each grant awarded; (IV) The average amount of all grants awarded; and (V) The source and amount of each gift, grant, or donation received by the department for the implementation of this article AN ANALYSIS BY THE DEPARTMENT OF THE IMPACT OF FUNDING. (b) Pursuant to NOTWITHSTANDING THE PROVISIONS OF section 24-1-136 (11)(a)(I), THE REPORT REQUIRED IN this subsection (6) is repealed, effective July 2, 2020 CONTINUES INDEFINITELY. (7) Notwithstanding any other provision of this article ARTICLE 44, the department shall IS not be required to implement the provisions of this article ARTICLE 44 until sufficient moneys have MONEY HAS been received and transferred or appropriated. to the cash fund. (8) The provisions of this article shall not apply to students in kindergarten through third grade unless the content of the instruction relates to personal hygiene, healthy habits, respecting personal space and boundaries, interpersonal communication skills, and personal safety, as identified in the content standards developed by the department of education and adopted by the state board of education. SECTION 5. In Colorado Revised Statutes, amend 25-44-103 as follows: PAGE 7-HOUSE BILL 19-1032 25-44-103. Comprehensive human sexuality education grant program - oversight entity - duties - application process. (1) On or before July 1, 2013 JULY 1, 2019, the department shall convene the interagency youth sexual health team, referred to in this article ARTICLE 44 as the "oversight entity". Membership of the oversight entity must include: (a) The executive director of the department of public health and environment, or his or her THE EXECUTIVE DIRECTOR'S designee; (b) The executive director of the department of health care policy and financing, or his or her THE EXECUTIVE DIRECTOR'S designee; (c) The commissioner of education, or his or her THE COMMISSIONER'S designee; (d) The executive director of the department of human services, or his or her THE EXECUTIVE DIRECTOR'S designee; and (e) A parent representative; appointed by the department of health. (f) A YOUTH REPRESENTATIVE; (g) A REPRESENTATIVE OF KINDERGARTEN THROUGH TWELFTH-GRADE EDUCATORS; (h) A REPRESENTATIVE OF SCHOOL-BASED HEALTH CENTERS OR A SCHOOL NURSE; (i) A REPRESENTATIVE OF A STATEWIDE COALITION FOR SURVIVORS OF SEXUAL ASSAULT; (j) A REPRESENTATIVE OF AN ORGANIZATION SERVING THE NEEDS OF YOUTH OF COLOR; (k) A REPRESENTATIVE OF AN ORGANIZATION SERVING THE NEEDS OF IMMIGRANTS; (l) A REPRESENTATIVE OF AN ORGANIZATION SERVING THE NEEDS OF LESBIAN, GAY, BISEXUAL, AND TRANSGENDER YOUTH; PAGE 8-HOUSE BILL 19-1032 (m) A REPRESENTATIVE FROM AN INTERFAITH ORGANIZATION; AND (n) A REPRESENTATIVE OF AN ORGANIZATION SERVING THE NEEDS OF INTERSEX INDIVIDUALS. (1.5) THE MEMBERS SPECIFIED IN SUBSECTIONS (1)(e) TO (1)(n) OF THIS SECTION SHALL BE APPOINTED BY THE DEPARTMENT. THE MEMBERSHIP OF THE OVERSIGHT ENTITY SHALL AT ALL TIMES REPRESENT DIVERSE COMMUNITY PERSPECTIVE AND MAKE AN EFFORT TO INCLUDE COMMITTEE MEMBERS WHO ARE DIVERSE WITH REGARDS TO DISABILITY, RACE, CREED, COLOR, GENDER, GENDER EXPRESSION, IMMIGRATION STATUS, SEXUAL ORIENTATION, NATIONAL ORIGIN, ANCESTRY, MARITAL STATUS, RELIGION, AGE, ENGLISH PROFICIENCY, INCOME, AND GEOGRAPHIC REGION OF THE STATE, INCLUDING BOTH URBAN AND RURAL AREAS. (1.7) THE PARENT REPRESENTATIVE AND YOUTH REPRESENTATIVE DESCRIBED IN SUBSECTIONS (1)(e) AND (1)(f) OF THIS SECTION ARE ENTITLED TO RECEIVE REIMBURSEMENT FOR NECESSARY EXPENSES INCURRED IN THE PERFORMANCE OF THE MEMBER'S DUTIES, INCLUDING DEPENDENT OR ATTENDANT CARE. (2) The oversight entity has the following duties: (a) During the 2013-14 2019-20 academic year and every academic year thereafter, to assess opportunities for available federal and state moneys to fund MONEY FOR the program; except that the oversight entity shall not recommend applying for any federal or state moneys MONEY that promote PROMOTES SEXUAL abstinence as the sole behavioral ACCEPTABLE PREVENTIVE method for youth or funding MONEY requiring adherence to the A-H guidelines of section 510 (b) of title V of the federal "Social Security Act", Pub. L. 104-193 42 U.S.C. SEC. 710, AS AMENDED, which are inconsistent with the provisions of section 22-1-128. C.R.S. The oversight entity will SHALL provide information to the appropriate state departments concerning available federal and state moneys MONEY related to comprehensive human sexuality education funds for which a given department is eligible to apply. (b) To develop policies and procedures for the implementation of the program and recommend such policies and procedures to the state board for adoption by rule pursuant to section 25-44-102. The policies and PAGE 9-HOUSE BILL 19-1032 procedures must include but are not limited to: (I) A process by which public schools and school districts will be ARE notified of available program funds MONEY for comprehensive human sexuality education; (II) The procedures by which public schools and school districts may apply for grants pursuant to this article ARTICLE 44. Each grant application must, at a minimum, describe: (A) How the applicant public school or school district will MUST use any awarded grant moneys MONEY to provide comprehensive human sexuality education to its student population; (B) How the proposed comprehensive human sexuality education program complies with THE CONTENT REQUIREMENTS OF section 22-1-128 C.R.S., and article 25 of title 22 C.R.S., and is evidence-based MEDICALLY ACCURATE, culturally sensitive, and represents positive youth development principles; (C) How many students the public school or school district expects to reach through the comprehensive human sexuality education program; and (D) The length of time for which the applicant is requesting grant moneys MONEY; AND (E) DEMONSTRATED EVIDENCE OF THE NEED FOR MONEY NEEDED FOR AN APPLICANT SCHOOL DISTRICT OR PUBLIC SCHOOL TO IMPLEMENT COMPREHENSIVE HUMAN SEXUALITY EDUCATION PURSUANT TO SECTION 22-1-128; (III) Criteria for the oversight entity to apply in selecting public schools and school districts that may receive grants and how to determine the amount of grant moneys MONEY to be awarded to each grant recipient. The criteria must include a requirement that the proposed comprehensive human sexuality education program complies with sections 22-1-128 and 22-25-104 C.R.S., and is evidence-based MEDICALLY ACCURATE, culturally sensitive, and represents positive youth development principles. THE CRITERIA MUST ALSO INCLUDE A REQUIREMENT THAT RURAL PUBLIC PAGE 10-HOUSE BILL 19-1032 SCHOOLS OR PUBLIC SCHOOLS THAT DO NOT CURRENTLY OFFER COMPREHENSIVE HUMAN SEXUALITY EDUCATION RECEIVE PRIORITY WHEN SELECTING GRANT RECIPIENTS. (c) In conjunction with the department, to solicit grant applications from public schools and school districts; AND (d) To review grant applications and, based on the criteria developed pursuant to paragraph (b) SUBSECTION (2)(b) of this subsection SECTION, make recommendations to the department concerning which public schools or school districts should receive grants and in what amount. SECTION 6. In Colorado Revised Statutes, repeal and reenact, with amendments, 25-44-104 as follows: 25-44-104. Appropriation - gifts, grants, and donations - uses. (1) BEGINNING IN THE 2019-20 BUDGET YEAR AND EACH BUDGET YEAR THEREAFTER, THE GENERAL ASSEMBLY SHALL ANNUALLY APPROPRIATE AT LEAST ONE MILLION DOLLARS TO THE DEPARTMENT FOR THE COMPREHENSIVE HUMAN SEXUALITY EDUCATION GRANT PROGRAM. (2) THE DEPARTMENT MAY SEEK, ACCEPT, AND EXPEND PUBLIC OR PRIVATE GIFTS, GRANTS, AND DONATIONS FROM PUBLIC AND PRIVATE SOURCES TO IMPLEMENT THIS ARTICLE 44; EXCEPT THAT THE DEPARTMENT SHALL NOT ACCEPT A GIFT, GRANT, OR DONATION THAT IS SUBJECT TO CONDITIONS THAT ARE INCONSISTENT WITH THE PROVISIONS OF SECTION 25-44-102 (2) OR ANY OTHER STATE LAW. THE DEPARTMENT IS AUTHORIZED TO EXPEND A REASONABLE AMOUNT OF THE MONEY APPROPRIATED OR RECEIVED FOR THE PROGRAM FOR THE DIRECT AND INDIRECT COSTS ASSOCIATED WITH ADMINISTERING THE PROGRAM, UNLESS OTHERWISE PROVIDED BY ANY PROVISION RELATED TO THE DEPARTMENT'S RECEIPT OF FEDERAL MONEY THAT IS APPLIED TO THE PROGRAM. SECTION 7. In Colorado Revised Statutes, 22-2-117, amend (1)(b)(VI) and (1)(b)(VII); and add (1)(b)(IX) as follows: 22-2-117. Additional power - state board - waiver of requirements - rules. (1) (b) The state board shall not waive any of the requirements specified in any of the following statutory provisions: PAGE 11-HOUSE BILL 19-1032 (VI) The requirement to post on the internet the statutes for which waivers are granted as provided in section 22-44-305; or (VII) Any provisions of section 22-1-130, relating to notification to parents of alleged criminal conduct by school district employees; OR (IX) ANY PROVISIONS OF SECTION 22-1-128, RELATING TO COMPREHENSIVE HUMAN SEXUALITY EDUCATION CONTENT REQUIREMENTS. SECTION 8. In Colorado Revised Statutes, 22-25-110, amend (2) introductory portion; and repeal (2)(c) as follows: 22-25-110. Funding of existing programs - operation of other health education programs. (2) Nothing in this article shall be interpreted to require ARTICLE 25 REQUIRES a school district or board of cooperative services to establish a local comprehensive health education program nor shall it be interpreted to prevent a school district or board of cooperative services from offering a health education program which THAT is not operated under the requirements of this article ARTICLE 25; except that any school district or board of cooperative services offering such a health education program shall: (c) Unless the school district or board of cooperative services is receiving direct or indirect funding from the federal government for the provision of an abstinence education program pursuant to 42 U.S.C. sec. 710 as described in section 22-1-128 (9), comply with the requirements specified in section 22-1-128 (6) regarding the adoption of science-based content standards for instruction regarding human sexuality. SECTION 9. Appropriation. (1) For the 2019-20 state fiscal year, $12,405 is appropriated to the department of public health and environment. This appropriation is from the general fund. To implement this act, the department may use this appropriation as follows: (a) $11,274 for personal services related to administration and support, which amount is based on an assumption that the department will require an additional 0.2 FTE; and (b) $1,131 for operating expenses related to administration and support. PAGE 12-HOUSE BILL 19-1032 (2) For the 2019-20 state fiscal year, $987,595 is appropriated to the department of public health and environment for use by the prevention services division. This appropriation is from the general fund, and is based on an assumption that the division will require an additional 1.3 FTE. To implement this act, the division may use this appropriation for sexual health education. SECTION 10. Safety clause. The general assembly hereby finds, PAGE 13-HOUSE BILL 19-1032 determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety. ____________________________ ____________________________ KC Becker Leroy M. Garcia SPEAKER OF THE HOUSE PRESIDENT OF OF REPRESENTATIVES THE SENATE ____________________________ ____________________________ Marilyn Eddins Cindi L. Markwell CHIEF CLERK OF THE HOUSE SECRETARY OF OF REPRESENTATIVES THE SENATE APPROVED________________________________________ (Date and Time) _________________________________________ Jared S. Polis GOVERNOR OF THE STATE OF COLORADO PAGE 14-HOUSE BILL 19-1032