Text of MA H 1060 (2012)

HOUSE DOCKET, NO. 01944 FILED ON: 01/20/2011 HOUSE . . . . . . . . . . . . . . . No. 01060 The Commonwealth of Massachusetts _______________ PRESENTED BY: Marc Lombardo _______________ To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General Court assembled: The undersigned legislators and/or citizens respectfully petition for the passage of the accompanying bill: An Act regarding parental notification and consent. _______________ PETITION OF: NAME: DISTRICT/ADDRESS: Marc Lombardo 22nd Middlesex Steven L. Levy 4th Middlesex James Lyons, Jr. 18th Essex Daniel K. Webster 6th Plymouth HOUSE . . . . . . . . . . . . . . . No. 01060 By Mr. Marc Lombardo of Billerica, petition (accompanied by bill, House, No. 01060) of Daniel K. Webster and others relative to parental notification and consent. Joint Committee on Education. The Commonwealth of Massachusetts _______________ In the Year Two Thousand Eleven _______________ An Act regarding parental notification and consent. Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows: 1 SECTION 1. Chapter 71, Section 32A of the General Laws is hereby amended, and Section 32B 2 added, to be the following: 3 Section 32A. Parental Notification and Consent. 4 A. Definitions. As used in this section - 5 1. The term "alternative sexual behavior" means homosexuality, bisexuality, lesbianism, 6 transsexuality , transgenderism , cross-dressing, pansexuality , promiscuity, sodomy, pederasty, 7 prostitution, oral sex, anal sex, masturbation, polygamy, polyandry, sex re-assignment 8 treatments, "bondage and discipline", sado -masochism, bestiality, and similar behaviors. It also 9 includes issues and relationships deriving from those behaviors, including but not limited to 10 "sexual orientation", and alternative family, parenting, and marriage constructs. 11 2. The term "school program" means any school sanctioned activity, or portion thereof, whether 12 on or off campus, whether during or outside school hours, whether organized, presented or 13 directed by school employees, agents of the school, students, volunteers, or others. This shall 14 include, but not be limited to classes, curriculum, assemblies, outside speakers, workshops, 15 clubs, exhibits, private or non-private counseling sessions, 'teachable moments', reading 16 assignments, videos, posters, displays, and handouts. 17 B. Requirements for parental notification and consent. 18 Every city, town, regional school district or vocational school district presenting, implementing, 19 or maintaining a school program which involves human sexual education, human sexuality 20 issues or alternative sexual behavior shall adopt and implement a written policy ensuring 21 parental/guardian notification of such school programs and a description of their content. 22 All such school programs shall be offered only in clearly identified non-mandatory elective 23 courses or activities in which parents or guardians may choose to enroll their children through 24 written notification to the school, in a manner reasonably similar to other elective courses or 25 activities offered by the school district. 26 To the extent practicable, instruction materials and related items for said school programs, 27 including access to related extra-curricular events, shall be made reasonably available to parents, 28 guardians, educators, school administrators, and others for inspection and review. 29 No public school teacher or administrator shall be required to participate in any such school 30 programs that violate his religious beliefs. 31 Section 32B. Surveys regarding personal or private issues. 32 No student in any public elementary or secondary school, without the prior written consent of the 33 parent or guardian, shall be requested or required to submit to a survey, analysis, or evaluation 34 that reveals information concerning: (1) political affiliations; (2) mental and psychological 35 problems potentially embarrassing to the student or his family; (3) sexual behavior and attitudes; 36 (4) illegal, anti-social, self-incriminating and demeaning behavior; (5) feelings of victimization; 37 (6) suicide or self-abuse; (7) birth control or abortion; (8) critical appraisals of other individuals 38 with whom respondents have close family relationships; (9) legally recognized privileged or 39 analogous relationships, such as those with lawyers, physicians and ministers; or (10) income. 40 All such surveys, analyses, and evaluations shall be made reasonably accessible to parents, 41 guardians, educators, school administrators, and others for inspection and review.