Text of MO SB 497 (2023)

FIRST REGULAR SESSION SENATE BILL NO. 497 102ND GENERAL ASSEMBLY INTRODUCED BY SENATOR EIGEL. 0606S.01I KRISTINA MARTIN, Secretary AN ACT To repeal section 170.015, RSMo, and to enact in lieu thereof one new section relating to gender identity 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 Be it enacted by the General Assembly of the State of Missouri, as follows: Section A. Section 170.015, RSMo, is repealed and one new 1 section enacted in lieu thereof, to be known as section 170.015, 2 to read as follows: 3 170.015. 1. Any course materials and instruction 1 relating to human sexuality and sexually transmitted 2 diseases shall be medically and factually accurate and shall: 3 (1) Present abstinence from sexual activity as the 4 preferred choice of behavior in relation to all sexual 5 activity for unmarried pupils because it is the only method 6 that is one hundred percent effective in preventing 7 pregnancy, sexually transmitted diseases and the emotional 8 trauma associated with adolescent sexual activity, and 9 advise students that teenage sexual activity places them at 10 a higher risk of dropping out of school because of the 11 consequences of sexually transmitted diseases and unplanned 12 pregnancy; 13 (2) Stress that sexually transmitted diseases are 14 serious, possible, health hazards of sexual activity. 15 Pupils shall be provided with the latest medical information 16 regarding exposure to human immunodeficiency virus, acquired 17 SB 497 2 immune deficiency syndrome (AIDS), human papilloma virus, 18 hepatitis and other sexually transmitted diseases; 19 (3) Present students with the latest medically factual 20 information regarding both the possible side effects and 21 health benefits of all forms of contraception, including the 22 success and failure rates for the prevention of pregnancy 23 and sexually transmitted diseases; or shall present students 24 with information on contraceptives and pregnancy in a manner 25 consistent with the provisions of the federal abstinence 26 education law, 42 U.S.C. Section 710; 27 (4) Include a discussion of the possible emotional and 28 psychological consequences of preadolescent and adolescent 29 sexual activity and the consequences of adolescent 30 pregnancy, as well as the advantages of adoption, including 31 the adoption of special needs children, and the processes 32 involved in making an adoption plan; 33 (5) Teach skills of conflict management, personal 34 responsibility and positive self-esteem through discussion 35 and role-playing at appropriate grade levels to emphasize 36 that the pupil has the power to control personal behavior. 37 Pupils shall be encouraged to base their actions on 38 reasoning, self-discipline, sense of responsibility, self- 39 control, and ethical considerations, such as respect for 40 one's self and others. Pupils shall be taught not to make 41 unwanted physical and verbal sexual advances or otherwise 42 exploit another person. Pupils shall be taught to resist 43 unwanted sexual advances and other negative peer pressure; 44 (6) Advise pupils of the laws pertaining to their 45 financial responsibility to children born in and out of 46 wedlock and advise pupils of the provisions of chapter 566 47 pertaining to statutory rape; 48 SB 497 3 (7) Teach pupils about the dangers of sexual 49 predators, including online predators when using electronic 50 communication methods such as the internet, cell phones, 51 text messages, chat rooms, email, and instant messaging 52 programs. Pupils shall be taught how to behave responsibly 53 and remain safe on the internet and the importance of having 54 open communication with responsible adults and reporting any 55 inappropriate situation, activity, or abuse to a responsible 56 adult, and depending on intent and content, to local law 57 enforcement, the Federal Bureau of Investigation, or the 58 National Center for Missing & Exploited Children's 59 CyberTipline; 60 (8) Teach pupils about the consequences, both personal 61 and legal, of inappropriate text messaging, even among 62 friends; and 63 (9) Teach pupils about sexual harassment, sexual 64 violence, and consent: 65 (a) For the purposes of this subdivision, the term 66 "consent" shall mean a freely given agreement to the conduct 67 at issue by a competent person. An expression of lack of 68 consent through words or conduct means there is no consent. 69 Lack of verbal or physical resistance or submission 70 resulting from the use of force, threat of force, or placing 71 another person in fear does not constitute consent. A 72 current or previous dating or social or sexual relationship 73 by itself or the manner of dress of the person involved with 74 the accused in the conduct at issue shall not constitute 75 consent; 76 (b) For the purposes of this subdivision, the term 77 "sexual harassment" shall mean uninvited and unwelcome 78 verbal or physical behavior of a sexual nature especially by 79 a person in authority toward a subordinate; 80 SB 497 4 (c) For the purposes of this subdivision, the term 81 "sexual violence" shall mean causing or attempting to cause 82 another to engage involuntarily in any sexual act by force, 83 threat of force, duress, or without that person's consent. 84 2. Policies concerning referrals and parental 85 notification regarding contraception shall be determined by 86 local school boards or charter schools, consistent with the 87 provisions of section 167.611. 88 3. A school district or charter school which provides 89 human sexuality instruction may separate students according 90 to gender for instructional purposes. 91 4. The board of a school district or charter school 92 shall determine the specific content of the district's or 93 school's instruction in human sexuality, in accordance with 94 subsections 1 to 3 of this section, and shall ensure that 95 all instruction in human sexuality is appropriate to the age 96 of the students receiving such instruction. 97 5. A school district or charter school shall notify 98 the parent or legal guardian of each student enrolled in the 99 district or school of: 100 (1) The basic content of the district's or school's 101 human sexuality instruction to be provided to the student; 102 and 103 (2) The parent's right to remove the student from any 104 part of the district's or school's human sexuality 105 instruction. 106 6. A school district or charter school shall make all 107 curriculum materials used in the district's or school's 108 human sexuality instruction available for public inspection 109 pursuant to chapter 610 prior to the use of such materials 110 in actual instruction. 111 SB 497 5 7. No school district or charter school, or its 112 personnel or agents, shall provide abortion services, or 113 permit a person or entity to offer, sponsor, or furnish in 114 any manner any course materials or instruction relating to 115 human sexuality or sexually transmitted diseases to its 116 students if such person or entity is a provider of abortion 117 services. 118 8. No school district or charter school, or its 119 personnel or agents, shall provide course materials or 120 instruction to students on gender identity or gender 121 reassignment procedures. 122 9. As used in this section, the following terms mean: 123 (1) "Abortion", the same meaning as such term is 124 defined in section 188.015; 125 (2) "Abortion services": 126 (a) Performing, inducing, or assisting in the 127 performance or inducing of an abortion which is not 128 necessary to save the life of the mother; 129 (b) Encouraging a patient to have an abortion or 130 referring a patient for an abortion, which is not necessary 131 to save the life of the mother; or 132 (c) Developing or dispensing drugs, chemicals, or 133 devices intended to be used to induce an abortion which is 134 not necessary to save the life of the mother; 135 (3) "Gender identity", the psychological, behavioral, 136 social, and cultural aspects of male or female identity, 137 with or without regard to the individual's biologic sex. 138 