Text of MA H 440 (2014)

HOUSE DOCKET, NO. 1255 FILED ON: 1/16/2013 HOUSE . . . . . . . . . . . . . . . No. 440 The Commonwealth of Massachusetts _________________ PRESENTED BY: Marc T. 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 T. Lombardo 22nd Middlesex HOUSE DOCKET, NO. 1255 FILED ON: 1/16/2013 HOUSE . . . . . . . . . . . . . . . No. 440 By Mr. Lombardo of Billerica, a petition (accompanied by bill, House, No. 440) of Marc T. Lombardo relative to parental notification and consent in the public schools. Education. [SIMILAR MATTER FILED IN PREVIOUS SESSION SEE ￿ HOUSE ￿ , NO. 1060 OF 2011-2012.] The Commonwealth of Massachusetts _______________ In the Year Two Thousand Thirteen _______________ 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 2 Section 32B 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, 12 whether on or off campus, whether during or outside school hours, whether organized, presented 13 or 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, 19 implementing, or maintaining a school program which involves human sexual education, human 20 sexuality issues or alternative sexual behavior shall adopt and implement a written policy 21 ensuring parental/guardian notification of such school programs and a description of their 22 content. 23 All such school programs shall be offered only in clearly identified non-mandatory 24 elective courses or activities in which parents or guardians may choose to enroll their children 25 through written notification to the school, in a manner reasonably similar to other elective 26 courses or activities offered by the school district. 27 To the extent practicable, instruction materials and related items for said school 28 programs, including access to related extra-curricular events, shall be made reasonably available 29 to parents, guardians, educators, school administrators, and others for inspection and review. 30 No public school teacher or administrator shall be required to participate in any such 31 school programs that violate his religious beliefs. 32 Section 32B. Surveys regarding personal or private issues. 33 No student in any public elementary or secondary school, without the prior written 34 consent of the parent or guardian, shall be requested or required to submit to a survey, analysis, 35 or evaluation that reveals information concerning: (1) political affiliations; (2) mental and 36 psychological problems potentially embarrassing to the student or his family; (3) sexual behavior 37 and attitudes; (4) illegal, anti-social, self-incriminating and demeaning behavior; (5) feelings of 38 victimization; (6) suicide or self-abuse; (7) birth control or abortion; (8) critical appraisals of 39 other individuals with whom respondents have close family relationships; (9) legally recognized 40 privileged or analogous relationships, such as those with lawyers, physicians and ministers; or 41 (10) income. 42 All such surveys, analyses, and evaluations shall be made reasonably accessible to 43 parents, guardians, educators, school administrators, and others for inspection and review.