Text of MO HB 786 (2021)

FIRST REGULAR SESSION HOUSE BILL NO. 786 101ST GENERAL ASSEMBLY INTRODUCED BY REPRESENTATIVE BASYE. 1675H.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 Be it enacted by the General Assembly of the state of Missouri, as follows: Section A. Section 170.015, RSMo, is repealed and one new section enacted in lieu 2 thereof, to be known as section 170.015, to read as follows: 170.015 1.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 meaning as such term is defined in section 188.015; 3 (2) "Abortion services": 4 (a) Performing, inducing, or assisting in the performance or inducing 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 abortion 7 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 relation 17 to all sexual activity for unmarried pupils because it is the only method that is one hundred 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. HB 786 2 18 percent effective in preventing pregnancy, sexually transmitted diseases and the emotional 19 trauma associated with adolescent sexual activity, and advise students that teenage sexual 20 activity places them at a higher risk of dropping out of school because of the consequences of 21 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 exposure 24 to human immunodeficiency virus, acquired immune deficiency syndrome (AIDS), human 25 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 and 28 failure rates for the prevention of pregnancy and sexually transmitted diseases; or shall present 29 students with information on contraceptives and pregnancy in a manner consistent with the 30 provisions of the federal abstinence education law, 42 U.S.C. Section 710, as amended; 31 (4) Include a discussion of the possible emotional and psychological consequences of 32 preadolescent and adolescent sexual activity and the consequences of adolescent pregnancy, as 33 well as the advantages of adoption, including the adoption of special needs children, and the 34 processes involved in making an adoption plan; 35 (5) Teach skills of conflict management, personal responsibility and positive self-esteem 36 through discussion and role-playing at appropriate grade levels to emphasize that the pupil has 37 the power to control personal behavior. Pupils shall be encouraged to base their actions on 38 reasoning, self-discipline, sense of responsibility, self-control, and ethical considerations, such 39 as respect for one's self and others. Pupils shall be taught not to make unwanted physical and 40 verbal sexual advances or otherwise exploit another person. Pupils shall be taught to resist 41 unwanted sexual advances and other negative peer pressure; 42 (6) Advise pupils of the laws pertaining to their financial responsibility to children born 43 in and out of wedlock and advise pupils of the provisions of chapter 566 pertaining to statutory 44 rape; 45 (7) Teach pupils about the dangers of sexual predators, including online predators when 46 using electronic communication methods such as the internet, cell phones, text messages, chat 47 rooms, email, and instant messaging programs. Pupils shall be taught how to behave responsibly 48 and remain safe on the internet and the importance of having open communication with 49 responsible adults and reporting any inappropriate situation, activity, or abuse to a responsible 50 adult, and depending on intent and content, to local law enforcement, the Federal Bureau of 51 Investigation, or the National Center for Missing & Exploited Children's CyberTipline; 52 (8) Teach pupils about the consequences, both personal and legal, of inappropriate text 53 messaging, even among friends; and HB 786 3 54 (9) Teach pupils about sexual harassment, sexual violence, and consent: 55 (a) For the purposes of this subdivision, the term "consent" shall mean a freely given 56 agreement to the conduct at issue by a competent person. An expression of lack of consent 57 through words or conduct means there is no consent. Lack of verbal or physical resistance or 58 submission resulting from the use of force, threat of force, or placing another person in fear does 59 not constitute consent. A current or previous dating or social or sexual relationship by itself or 60 the manner of dress of the person involved with the accused in the conduct at issue shall not 61 constitute consent; 62 (b) For the purposes of this subdivision, the term "sexual harassment" shall mean 63 uninvited and unwelcome verbal or physical behavior of a sexual nature especially by a person 64 in authority toward a subordinate; 65 (c) For the purposes of this subdivision, the term "sexual violence" shall mean causing 66 or attempting to cause another to engage involuntarily in any sexual act by force, threat of force, 67 duress, or without that person's consent. 68 [2.] 3. Policies concerning referrals and parental notification regarding contraception 69 shall be determined by local school boards or charter schools, consistent with the provisions of 70 section 167.611. 71 [3.] 4. A school district or charter school [which] that provides human sexuality 72 instruction may separate students according to gender for instructional purposes. 73 [4.] 5. The board of a school district or charter school shall determine the specific 74 content of the district's or school's instruction in human sexuality, in accordance with subsections 75 [1] 2 to [3] 4 of this section, and shall ensure that all instruction in human sexuality is 76 appropriate to the age of the students receiving such instruction. 77 [5.] 6. A school district or charter school shall notify the parent or legal guardian of each 78 student enrolled in the district or school of: 79 (1) The basic content of the district's or school's human sexuality instruction to be 80 provided to the student as well as any curriculum, material, test, survey, questionnaire, 81 activity, or instruction of any kind related to sexual orientation and gender identity, 82 regardless of whether offered as part of human sexuality instruction or as part of any other 83 class, activity, or program; and 84 (2) The parent's right to remove the student from any part of the district's or school's 85 human sexuality instruction or from any part of a curriculum, material, test, survey, 86 questionnaire, activity, or instruction of any kind related to sexual orientation and gender 87 identity, regardless of whether offered as part of human sexuality instruction or as part of 88 any other class, activity, or program. HB 786 4 89 [6.] 7. A school district or charter school shall make all curriculum materials used in the 90 district's or school's human sexuality instruction and any curriculum materials, test, survey, 91 questionnaire, activity, or instruction of any kind related to sexual orientation and gender 92 identity, regardless of whether offered as part of human sexuality instruction or as part of 93 any other class, activity, or program, available for public inspection pursuant to chapter 610 94 prior to the use of such materials in actual instruction. 95 8. This section shall not be construed to require parental notification prior to: 96 (1) Responding to student questions during class regarding sexual orientation or 97 gender identity as it relates to any topic of instruction; or 98 (2) Referring to the sexual orientation or gender identity of any historic person, 99 group, or public figure if such information provides necessary context in relation to any 100 topic of instruction. 101 [7.] 9. No school district or charter school, or its personnel or agents, shall provide 102 abortion services, or permit a person or entity to offer, sponsor, or furnish in any manner any 103 course materials or instruction relating to human sexuality or sexually transmitted diseases to its 104 students if such person or entity is a provider of abortion services. 105 10. No provision of this section shall be construed to require any school district or 106 charter school to provide any teaching on sexual orientation or gender identity not 107 otherwise required by law. 108 [8. As used in this section, the following terms mean: 109 (1) "Abortion", the same meaning as such term is defined in section 188.015; 110 (2) "Abortion services": 111 (a) Performing, inducing, or assisting in the performance or inducing of an abortion 112 which is not necessary to save the life of the mother; 113 (b) Encouraging a patient to have an abortion or referring a patient for an abortion, which 114 is not necessary to save the life of the mother; or 115 (c) Developing or dispensing drugs, chemicals, or devices intended to be used to induce 116 an abortion which is not necessary to save the life of the mother.] T