Text of FL H 169 (2010)

HB 169 1A bill to be entitled 2An act relating to education in public schools concerning 3human sexuality; providing a short title; providing 4definitions; requiring public schools that provide certain 5information or programs to students concerning human 6sexuality to provide information that meets specified 7criteria; providing a process to review compliance with 8such requirement; authorizing parents and guardians to 9seek review of a school's compliance; providing for school 10superintendents, district schools boards, and the 11Commissioner of Education to review compliance and take 12corrective actions; providing for exemption from certain 13teaching; providing for severability; providing an 14effective date. 15 16 WHEREAS, one in four teen girls in the United States has a 17sexually transmitted disease, according to the United States 18Centers for Disease Control and Prevention, and 19 WHEREAS, Florida has the third highest AIDS rate and the 20fifth highest HIV rate in the nation, according to the United 21States Centers for Disease Control and Prevention, and 22 WHEREAS, in 2007, persons under the age of 25 accounted 23for 15 percent of new HIV infections in Florida, and 24 WHEREAS, according to the Florida Department of Health, in 252007, youth accounted for 65.5 percent of new sexually 26transmitted disease infections in Florida, and 27 WHEREAS, Florida has the sixth highest teen pregnancy rate 28in the nation, according to the Guttmacher Institute, and 29 WHEREAS, the Legislature recognizes that between 1991 and 302004 there have been more than 354,000 teen births in Florida, 31costing taxpayers a total of $8.1 billion over this period, 32according to the National Campaign to Prevent Teen and 33Unplanned Pregnancy, and 34 WHEREAS, the Legislature recognizes that several recent 35studies have found abstinence-only programs to be ineffective, 36including a 2007 study commissioned by the Federal Government 37and conducted by Mathematica Policy Research, Inc., and 38 WHEREAS, the Budget of the United States Government for 39Fiscal Year 2010 transmitted to Congress by the President of 40the United States eliminates funding for abstinence-only 41programs and invests in medically accurate and age-appropriate 42teen pregnancy and sexually transmitted infection prevention 43programs for adolescents that have been proven effective, and 44 WHEREAS, Florida must prioritize state-based effective 45models and strategies for evidence-based teen pregnancy and 46disease prevention in order to be competitive for federal 47funding, NOW, THEREFORE, 48 49Be It Enacted by the Legislature of the State of Florida: 50 51 Section 1. The Florida Healthy Teens Act.-- 52 (1) This section may be cited as the "Florida Healthy 53Teens Act." 54 (2) Any public school that receives state funding directly 55or indirectly and that provides information, offers programs, or 56contracts with third parties to provide information or offer 57programs regarding family planning, pregnancy, or sexually 58transmitted infections, including HIV and AIDS, shall provide 59comprehensive, medically accurate, and factual information that 60is age appropriate. 61 (3) As used in this section, the term: 62 (a) "Comprehensive information" means information that: 63 1. Helps young people gain knowledge about the physical, 64biological, and hormonal changes of adolescence and subsequent 65stages of human maturation; 66 2. Develops the knowledge and skills necessary to protect 67young people with respect to their sexual and reproductive 68health; 69 3. Helps young people gain knowledge about responsible 70decisionmaking; 71 4. Is appropriate for use with students of any race, 72gender, sexual orientation, and ethnic and cultural background; 73 5. Develops healthy attitudes and values concerning 74growth, development, and body image; 75 6. Encourages young people to practice healthy life 76skills, including goal setting, decisionmaking, negotiation, and 77communication; 78 7. Promotes self-esteem and positive interpersonal skills, 79focusing on skills concerning human relationships and 80interactions, including platonic, romantic, intimate, and family 81relationships and interactions, and how to avoid abusive 82relationships and interactions; 83 8. Teaches that abstinence is the only certain way to 84avoid pregnancy or sexually transmitted diseases; and 85 9. Commencing in the 6th grade: 86 a. Emphasizes the value of abstinence while not ignoring 87those adolescents who have had sexual intercourse and who 88thereafter may or may not remain sexually active; 89 b. Helps young people gain knowledge about the specific 90involvement and responsibilities of sexual decisionmaking for 91both genders; 92 c. Provides information about the health benefits and side 93effects of all contraceptives and barrier-protection methods as 94a means of preventing pregnancy and reducing the risk of 95contracting sexually transmitted infections, including HIV and 96AIDS; 97 d. Encourages family communication about sexuality among 98parents, their children, and other adult household members; 99 e. Teaches skills for making responsible decisions about 100sexuality, including how to avoid unwanted verbal, physical, and 101sexual advances and how to avoid making unwanted verbal, 102physical, and sexual advances; and 103 f. Teaches how alcohol and drug use may affect responsible 104decisionmaking. 105 (b) "Factual information" includes, but is not limited to, 106medical, psychiatric, psychological, empirical, and statistical 107statements. 108 (c) "Medically accurate information" means information 109supported by the weight of research conducted in compliance with 110generally accepted scientific methods and recognized as accurate 111and objective by leading professional organizations and agencies 112having relevant expertise in the field. 113 (4)(a) The parent or guardian of a student enrolled in a 114school that is subject to the requirements of subsection (2) who 115believes that the school is not complying with those 116requirements may file a complaint with the district school 117superintendent. Within 30 days after receipt of the complaint, 118the superintendent shall take any warranted corrective action 119and provide the complainant and the school principal with 120written notice of the corrective action, if any, that was taken. 121 (b) A parent or guardian who is not satisfied with the 122district school superintendent's response to the complaint may 123file an appeal with the district school board within 30 days 124after receiving the superintendent's written notice of any 125corrective action or, if notice was not timely provided under 126paragraph (a), within 60 days after the complaint was filed with 127the superintendent. Within 30 days after receipt of an appeal 128under this paragraph, the school board shall take any warranted 129corrective action and provide the appellant and the 130superintendent with a written notice of what, if any, corrective 131action was taken. 132 (c) A parent or guardian who is not satisfied with the 133district school board's response to such an appeal may file an 134appeal with the Commissioner of Education within 30 days after 135receiving the district school board's written notice of any 136corrective action or, if notice was not timely provided under 137paragraph (b), within 60 days after the appeal was filed with 138the school board. The Commissioner of Education shall 139investigate the claim and make a finding regarding compliance 140with subsection (2). Upon a finding of substantial 141noncompliance, the commissioner shall take corrective action, 142including, but not limited to, notifying the parents and 143guardians of all students enrolled in the school that the school 144is in violation of state law. 145 (5) A public school student whose parent makes written 146request to the school principal shall be exempted from the 147teaching of reproductive health or any disease, including HIV 148and AIDS, in accordance with the provisions of s. 1003.42(3), 149Florida Statutes. 150 Section 2. If any provision of this act or its application 151to any person or circumstance is held invalid, the invalidity 152does not affect the remaining provisions or applications of the 153act which can be given effect without the invalid provision or 154application, and to this end the provisions of this act are 155severable. 156 Section 3. This act shall take effect July 1, 2010. CODING: Words stricken are deletions; words underlined are additions.