Text of MO HB 137 (2023)

FIRST REGULAR SESSION HOUSE BILL NO. 137 102ND GENERAL ASSEMBLY INTRODUCED BY REPRESENTATIVE HUDSON. 0110H.01I DANA RADEMAN MILLER, Chief Clerk AN ACT To repeal section 170.015, RSMo, and to enact in lieu thereof one new section relating to instruction in human sexuality in schools. Be it enacted by the General Assembly of the state of Missouri, as follows: Section A. Section 170.015, RSMo, is repealed and one new section enacted in lieu 2 thereof, to be known as section 170.015, to read as follows: 170.015. 1. As used in this section, the following terms mean: 2 (1) "Abortion", the same definition as in section 188.015; 3 (2) "Abortion services": 4 (a) Performing, inducing, or assisting in the performance or induction of an 5 abortion that is not necessary to save the life of the mother; 6 (b) Encouraging a patient to have an abortion or referring a patient for an 7 abortion that is not necessary to save the life of the mother; or 8 (c) Developing or dispensing drugs, chemicals, or devices intended to be used to 9 induce an abortion that is not necessary to save the life of the mother; 10 (3) "Gender identity", the meaning provided in the Diagnostic and Statistical 11 Manual of Mental Disorders, 5th Edition, referred to as the "DSM-5"; 12 (4) "Sexual orientation", an individual's actual or perceived orientation as 13 heterosexual, homosexual, or bisexual. 14 2. Any course materials and instruction relating to human sexuality and sexually 15 transmitted diseases shall be medically and factually accurate and shall: 16 (1) Present abstinence from sexual activity as the preferred choice of behavior in 17 relation to all sexual activity for unmarried pupils because it is the only method that is one EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is intended to be omitted from the law. Matter in bold-face type in the above bill is proposed language. 18 hundred percent effective in preventing pregnancy, sexually transmitted diseases and the 19 emotional trauma associated with adolescent sexual activity, and advise students that teenage 20 sexual activity places them at a higher risk of dropping out of school because of the 21 consequences of sexually transmitted diseases and unplanned pregnancy; 22 (2) Stress that sexually transmitted diseases are serious, possible, health hazards of 23 sexual activity. Pupils shall be provided with the latest medical information regarding 24 exposure to human immunodeficiency virus, acquired immune deficiency syndrome (AIDS), 25 human papilloma virus, hepatitis and other sexually transmitted diseases; 26 (3) Present students with the latest medically factual information regarding both the 27 possible side effects and health benefits of all forms of contraception, including the success 28 and failure rates for the prevention of pregnancy and sexually transmitted diseases; or shall 29 present students with information on contraceptives and pregnancy in a manner consistent 30 with the provisions of the federal abstinence education law, 42 U.S.C. Section 710, as 31 amended; 32 (4) Include a discussion of the possible emotional and psychological consequences of 33 preadolescent and adolescent sexual activity and the consequences of adolescent pregnancy, 34 as well as the advantages of adoption, including the adoption of special needs children, and 35 the processes involved in making an adoption plan; 36 (5) Teach skills of conflict management, personal responsibility and positive self- 37 esteem through discussion and role-playing at appropriate grade levels to emphasize that the 38 pupil has the power to control personal behavior. Pupils shall be encouraged to base their 39 actions on reasoning, self-discipline, sense of responsibility, self-control, and ethical 40 considerations, such as respect for one's self and others. Pupils shall be taught not to 41 make unwanted physical and verbal sexual advances or otherwise exploit another person. 42 Pupils shall be taught to resist unwanted sexual advances and other negative peer pressure; 43 (6) Advise pupils of the laws pertaining to their financial responsibility to children 44 born in and out of wedlock and advise pupils of the provisions of chapter 566 pertaining to 45 statutory rape; 46 (7) Teach pupils about the dangers of sexual predators, including online predators 47 when using electronic communication methods such as the internet, cell phones, text 48 messages, chat rooms, email, and instant messaging programs. Pupils shall be taught how to 49 behave responsibly and remain safe on the internet and the importance of having open 50 communication with responsible adults and reporting any inappropriate situation, activity, or 51 abuse to a responsible adult, and depending on intent and content, to local law enforcement, 52 the Federal Bureau of Investigation, or the National Center for Missing & Exploited 53 Children's CyberTipline; HB 137 2 54 (8) Teach pupils about the consequences, both personal and legal, of inappropriate 55 text messaging, even among friends; and 56 (9) Teach pupils about sexual harassment, sexual violence, and consent: 57 (a) For the purposes of this subdivision, the term "consent" shall mean a freely given 58 agreement to the conduct at issue by a competent person. An expression of lack of consent 59 through words or conduct means there is no consent. Lack of verbal or physical resistance or 60 submission resulting from the use of force, threat of force, or placing another person in fear 61 does not constitute consent. A current or previous dating or social or sexual relationship by 62 itself or the manner of dress of the person involved with the accused in the conduct at issue 63 shall not constitute consent; 64 (b) For the purposes of this subdivision, the term "sexual harassment" shall mean 65 uninvited and unwelcome verbal or physical behavior of a sexual nature especially by a 66 person in authority toward a subordinate; 67 (c) For the purposes of this subdivision, the term "sexual violence" shall mean 68 causing or attempting to cause another to engage involuntarily in any sexual act by force, 69 threat of force, duress, or without that person's consent. 70 [2.] 3. Policies concerning referrals and parental notification regarding contraception 71 shall be determined by local school boards or charter schools, consistent with the provisions 72 of section 167.611. 73 [3.] 4. A school district or charter school [which] that provides human sexuality 74 instruction may separate students according to gender for instructional purposes. 75 [4.] 5. The board of a school district or charter school shall determine the specific 76 content of the district's or school's instruction in human sexuality, in accordance with 77 subsections [1] 2 to [3] 4 of this section, and shall ensure that all instruction in human 78 sexuality is appropriate to the age of the students receiving such instruction. 79 [5.] 6. A school district or charter school shall notify the parent or legal guardian of 80 each student enrolled in the district or school of: 81 (1) The basic content of the district's or school's human sexuality instruction to be 82 provided to the student as well as any curriculum, material, test, survey, questionnaire, 83 activity, or instruction of any kind related to sexual orientation and gender identity, 84 regardless of whether offered as part of human sexuality instruction or as part of any 85 other class, activity, or program; and 86 (2) The parent's right to remove the student from any part of the district's or school's 87 human sexuality instruction or from any part of a curriculum, material, test, survey, 88 questionnaire, activity, or instruction of any kind related to sexual orientation and 89 gender identity, regardless of whether offered as part of human sexuality instruction or 90 as part of any other class, activity, or program. HB 137 3 91 [6.] 7. A school district or charter school shall make all curriculum materials used in 92 the district's or school's human sexuality instruction and any curriculum materials, test, 93 survey, questionnaire, activity, or instruction of any kind related to sexual orientation 94 and gender identity, regardless of whether offered as part of human sexuality 95 instruction or as part of any other class, activity, or program, available for public 96 inspection pursuant to chapter 610 prior to the use of such materials in actual instruction. 97 8. This section shall not be construed to require parental notification prior to: 98 (1) Responding to student questions during class regarding sexual orientation or 99 gender identity as it relates to any topic of instruction; 100 (2) Referring to the sexual orientation or gender identity of any historic person, 101 group, or public figure if such information provides necessary context in relation to any 102 topic of instruction; or 103 (3) Referring to sexual orientation or gender identity if necessary to address a 104 disciplinary matter, such as an instance of bullying. 105 [7.] 9. No school district or charter school, or its personnel or agents, shall provide 106 abortion services, or permit a person or entity to offer, sponsor, or furnish in any manner any 107 course materials or instruction relating to human sexuality or sexually transmitted diseases to 108 its students if such person or entity is a provider of abortion services. 109 [8. As used in this section, the following terms mean: 110 (1) "Abortion", the same meaning as such term is defined in section 188.015; 111 (2) "Abortion services": 112 (a) Performing, inducing, or assisting in the performance or inducing of an abortion 113 which is not necessary to save the life of the mother; 114 (b) Encouraging a patient to have an abortion or referring a patient for an abortion, 115 which is not necessary to save the life of the mother; or 116 (c) Developing or dispensing drugs, chemicals, or devices intended to be used to 117 induce an abortion which is not necessary to save the life of the mother.] 118 10. No provision of this section shall be construed to require any school district 119 or charter school to provide any teaching on sexual orientation or gender identity not 120 otherwise required by law. ✔ HB 137 4