Text of NC H 879 (2007)

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2007 H 2 HOUSE BILL 879 Committee Substitute Reported Without Prejudice 5/2/07 Short Title: Modify School Health Education Program. (Public) Sponsors: Referred to: March 20, 2007 A BILL TO BE ENTITLED 1 AN ACT TO AMEND THE STATUTES PERTAINING TO THE SCHOOL HEALTH 2 EDUCATION PROGRAM. 3 Whereas, the American Medical Association (AMA), the American Nurses 4 Association (ANA), the American Academy of Pediatrics (AAP), the American College 5 of Obstetricians and Gynecologists (ACOG), the American Public Health Association 6 (APHA), and the Society of Adolescent Medicine (SAM), support responsible sexuality 7 education that includes information about both abstinence and contraception; and 8 Whereas, recent scientific reports by the Institute of Medicine, the American 9 Medical Association, and the Office on National AIDS Policy stress the need for 10 sexuality education that includes messages about abstinence and provides young people 11 with information about contraception for the prevention of teen pregnancy, HIV/AIDS, 12 and other sexually transmitted diseases (STDs); and 13 Whereas, sixty-three percent of North Carolina high school seniors reported 14 having had sexual intercourse at least once; and 15 Whereas, research shows that teenagers who receive sexuality education that 16 includes discussion of contraception are more likely than those who receive 17 abstinence-only messages to delay sexual activity and to use contraceptives when they 18 do become sexually active; and 19 Whereas, comprehensive sexuality education programs respect the diversity 20 of values and beliefs represented in the community and will complement and augment 21 the sexuality education children receive from their families; and 22 Whereas, the median age of puberty is 13 years, and the average age of 23 marriage is over 26 years old; and 24 Whereas, American teens need access to full, complete, and medically and 25 factually accurate information regarding sexuality, including contraception, STD/HIV 26 prevention, and abstinence; and 27 Whereas, although teen pregnancy rates are decreasing, there are still between 28 750,000 and 850,000 teen pregnancies in the United States each year; and 29 General Assembly of North Carolina Session 2007 Page 2 House Bill 879-Second Edition Whereas, there were over 18,000 teen pregnancies among 15- to 19- 1 year-olds in North Carolina in 2005; and 2 Whereas, North Carolina has the ninth highest teen pregnancy rate for 15- to 3 19- year-olds in the United States and the nation's highest birthrate among Hispanic 4 teens; and 5 Whereas, the cost of teen pregnancy in North Carolina, according to the 6 National Campaign to Prevent Teen Pregnancy, is $312,000,000 a year; and 7 Whereas, between 75 and 90 percent of teen pregnancies among 15- to 8 19-year-olds are unintended; and 9 Whereas, studies estimate that 50 to 75 percent of the reduction in adolescent 10 pregnancy rates is attributable to improved contraceptive use; the remainder to 11 increased abstinence; and 12 Whereas, a study conducted by the North Carolina Department of Public 13 Instruction in October 2003 found that the vast majority of North Carolina parents 14 (more than 90.5%) thought sexuality education should be taught in the public schools; 15 and 16 Whereas, United States teens and young adults acquire an estimated 17 4,000,000 sexually transmitted infections each year; and 18 Whereas, by age 25, at least one of every 12 sexually active people will have 19 contracted a sexually transmitted disease; and 20 Whereas, more than two young people in the United States are infected with 21 HIV every hour of every day; and 22 Whereas, African-American and Hispanic youth have been disproportionately 23 affected by the HIV/AIDS epidemic; and 24 Whereas, although about 15 percent of the adolescent population (ages 13 to 25 19) in the United States is African-American, nearly 60 percent of AIDS cases through 26 2002 among 13- to 19-year-olds were among African-Americans; and 27 Whereas, Hispanics comprise nearly 16 percent of the adolescent population 28 (ages 13 to 19) in the United States and 22 percent of reported adolescent AIDS cases 29 through June 2002; and 30 Whereas, one in five women in North Carolina will be sexually assaulted in 31 her lifetime; Now, therefore, 32 The General Assembly of North Carolina enacts: 33 SECTION 1. G.S. 115C-81(e1) reads as rewritten: 34 "(e1) School Health Education Program to Be Developed and Administered. 35 (1) A The State Board of Education shall establish statewide objectives for 36 a comprehensive school health education program shall be developed 37 and program. Local school administrative units shall provide that the 38 program is taught to pupils students of the public schools of this State 39 from kindergarten through ninth grade. grade, that the program meets 40 the State Board's objectives and all of the requirements of this 41 subsection, and that the program is delivered by instructors trained in 42 appropriate courses. Each local board of education may expand on the 43 subject areas to be included in the program and on the instructional 44 General Assembly of North Carolina Session 2007 House Bill 879-Second Edition Page 3 objectives. This The comprehensive school health education program 1 includes shall include age-appropriate instruction in the following 2 subject areas, regardless of whether this instruction is described as, or 3 incorporated into a description of, "family life education", "family 4 health education", "health education", "family living", "health", 5 "healthful living curriculum", or "self-esteem": 6 a. Mental and emotional health; 7 b. Drug and alcohol Alcohol, tobacco, and other drug abuse 8 prevention; 9 c. Nutrition;Nutrition and physical activity; 10 d. Dental health; 11 e. Environmental health; health awareness; 12 f. Family living; 13 g. Consumer health; 14 h. Disease control;prevention; 15 i. Growth and development; 16 j. First aid and emergency care, including the teaching of 17 cardiopulmonary resuscitation (CPR) and the Heimlich 18 maneuver by using hands-on training with mannequins so that 19 students become proficient in order to pass a test approved by 20 the American Heart Association, or American Red Cross; 21 k. Preventing unintended pregnancy and sexually transmitted 22 diseases, including HIV/AIDS, and other communicable 23 diseases; 24 l. Abstinence until marriage education; and Abstinence-based 25 comprehensive sexual health education; 26 m. Bicycle safety.Injury prevention; and 27 n. Awareness of sexual assault, sexual abuse, and risk reduction. 28 (1a) As used in this subsection, the following definitions shall apply: 29 a. "HIV/AIDS" means Human Immunodeficiency Virus/Acquired 30 Immune Deficiency Syndrome. 31 b. "Instructors trained in appropriate courses" means instructors 32 trained in school health education pedagogy to effectively 33 deliver comprehensive health education including the most 34 recent scientific research on abstinence-based human sexuality 35 education. 36 c. "Scientific research" means investigations conducted in 37 compliance with scientific methods and published in 38 peer-reviewed journals and recognized as accurate and 39 objective by professional organizations and agencies with 40 expertise in the relevant field. 41 (2) The State Board of Education shall supervise the development and 42 operation of a statewide comprehensive school health education 43 program including curriculum development, in-service training 44 General Assembly of North Carolina Session 2007 Page 4 House Bill 879-Second Edition provision and promotion of collegiate training, learning material 1 review, and assessment and evaluation of local programs in the same 2 manner as for other programs. The State Board of Education shall 3 adopt objectives for the instruction of the subject areas listed in 4 subdivision (1) of this subsection that are appropriate for each grade 5 level. In addition, the State Board shall approve textbooks and other 6 materials incorporating these objectives that local school 7 administrative units may purchase with State funds. The State Board of 8 Education, through the Department of Public Instruction, shall, on a 9 regular basis, review materials related to these objectives, and 10 distribute these reviews to local school administrative units for their 11 information. 12 (2a) The abstinence-based comprehensive sexual health education program 13 shall satisfy all of the following criteria: 14 a. Instruction and materials shall be age appropriate. 15 b. All information presented shall be objective and based upon 16 scientific research. 17 c. Instruction and materials shall be appropriate for use with 18 students of all races, genders, sexual orientations, ethnic and 19 cultural backgrounds, and for students with disabilities. 20 Instruction and materials shall not reflect or promote bias 21 against any person on the basis of sex, ethnic group 22 identification, race, national origin, religion, color, sexual 23 orientation, gender identity, or mental or physical disability. 24 d. Instruction and materials shall encourage a student to 25 communicate with his or her parents or guardians about human 26 sexuality. 27 e. Instruction and materials shall teach respect for marriage and 28 committed relationships. 29 f. Commencing in seventh grade, instruction and materials shall 30 do all of the following: 31 1. Teach that abstinence from sexual intercourse is the only 32 certain way to prevent unintended pregnancy, teach that 33 abstinence from sexual activity is the only certain way to 34 reduce the risk of sexual transmission of diseases, 35 including HIV/AIDS, and provide information about the 36 value of abstinence. 37 2. Provide information about sexually transmitted diseases. 38 This instruction shall include how sexually transmitted 39 diseases are and are not transmitted, the effectiveness 40 and safety of all federal Food and Drug Administration 41 (FDA) approved methods of reducing the risk of 42 contracting sexually transmitted diseases, and 43 General Assembly of North Carolina Session 2007 House Bill 879-Second Edition Page 5 information on local resources for testing and medical 1 care for sexually transmitted diseases. 2 3. Provide information about the effectiveness and safety of 3 all FDA-approved contraceptive methods in preventing 4 pregnancy, including, emergency contraception. 5 4. Teach the functional knowledge and essential skills to 6 promote and maintain health enhancing behaviors that 7 value lifelong good health and avoidance of risky 8 behaviors such as alcohol and drug abuse, especially 9 intravenous drug abuse. 10 (2b) A local school administrative unit may elect to offer abstinence-based 11 comprehensive sexual health education to students before seventh 12 grade and provide age appropriate information based upon objective 13 scientific research on any of the topics contained in sub-subdivision 14 (2a)f. of this subsection. 15 (2c) The abstinence-based comprehensive sexual health education offered 16 by a local school administrative unit pursuant to subdivision (2a) of 17 this subsection shall include HIV/AIDS prevention education that 18 complies with all of the provisions of that subdivision. Each student 19 shall receive the instruction in junior high or middle school and again 20 in high school. 21 (3) The State Board of Education shall develop objectives for instruction 22 in the prevention of sexually transmitted diseases, including 23 HIV/AIDS, that include emphasis on the importance of parental 24 involvement, abstinence from sex until marriage, and avoiding 25 intravenous drug use. Any program developed under this subdivision 26 shall present techniques and strategies to deal with peer pressure and to 27 offer positive reinforcement and shall teach reasons, skills, and 28 strategies for remaining or becoming abstinent from sexual activity; 29 for appropriate grade levels and classes, shall teach that abstinence 30 from sexual activity until marriage is the only certain means of 31 avoiding out-of-wedlock pregnancy, sexually transmitted diseases 32 when transmitted through sexual contact, and other associated health 33 and emotional problems, and that a mutually faithful monogamous 34 heterosexual relationship in the context of marriage is the best lifelong 35 means of avoiding diseases transmitted by sexual contact, including 36 HIV/AIDS, shall teach how alcohol and drug use lower inhibitions, 37 which may lead to risky sexual behavior, and shall teach the positive 38 benefits of abstinence until marriage and the risks of premarital sexual 39 activity. 40 (4) The State Board of Education shall evaluate abstinence until marriage 41 curricula and their learning materials and shall develop and maintain a 42 recommended list of one or more approved abstinence until marriage 43 curricula. The State Board may develop an abstinence until marriage 44 General Assembly of North Carolina Session 2007 Page 6 House Bill 879-Second Edition program to include on the recommended list. The State Board of 1 Education shall not select or develop a program for inclusion on the 2 recommended list that does not include the positive benefits of 3 abstinence until marriage and the risks of premarital sexual activity as 4 the primary focus. The State Board shall include on the recommended 5 list only programs that include, in appropriate grades and classes, 6 instruction that: 7 a. Teaches that abstinence from sexual activity outside of 8 marriage is the expected standard for all school-age children; 9 b. Presents techniques and strategies to deal with peer pressure 10 and offering positive reinforcement; 11 c. Presents reasons, skills, and strategies for remaining or 12 becoming abstinent from sexual activity; 13 d. Teaches that abstinence from sexual activity is the only certain 14 means of avoiding out-of-wedlock pregnancy, sexually 15 transmitted diseases when transmitted through sexual contact, 16 including HIV/AIDS, and other associated health and emotional 17 problems; 18 e. Teaches that a mutually faithful monogamous heterosexual 19 relationship in the context of marriage is the best lifelong means 20 of avoiding sexually transmitted diseases, including HIV/AIDS; 21 f. Teaches the positive benefits of abstinence until marriage and 22 the risks of premarital sexual activity; 23 g. Provides opportunities that allow for interaction between the 24 parent or legal guardian and the student; and 25 h. Provides factually accurate biological or pathological 26 information that is related to the human reproductive system. 27 (5) The State Board of Education shall make available to all local school 28 administrative units for review by the parents and legal guardians of 29 students enrolled at that unit any State-developed objectives for 30 instruction, any approved textbooks, the list of reviewed materials, and 31 any other State-developed or approved materials that pertain to or are 32 intended to impart information or promote discussion or understanding 33 in regard to the prevention of sexually transmitted diseases, including 34 HIV/AIDS, to the avoidance of out-of-wedlock unintended pregnancy, 35 or to the abstinence until marriage abstinence-based comprehensive 36 health education curriculum. The review period shall extend for at 37 least 60 days before use. 38 (6) Each local school administrative unit shall provide a comprehensive 39 school health education program that meets all the requirements of this 40 subsection and all the objectives established by the State Board. Each 41 local board of education may expand on the subject areas to be 42 included in the program and on the instructional objectives to be met. 43 This expanded program may include a comprehensive sex education 44 General Assembly of North Carolina Session 2007 House Bill 879-Second Edition Page 7 program for that local school administrative unit only if all of the 1 following requirements are satisfied: 2 a. Before a comprehensive sex education program is adopted, the 3 local board of education shall conduct a public hearing, after 4 adequately notifying the public of the hearing. 5 b. For at least 30 days before this public hearing and during this 6 public hearing, the objectives for this proposed program and all 7 instructional materials shall be made available for review. 8 c. For at least 30 days after the public hearing, the objectives for 9 the program and all instructional materials shall remain 10 available for review by parents and legal guardians of students 11 in that local school administrative unit. 12 (7) Each school year, before students may participate in any portion of (i) 13 a program that pertains to or is intended to impart information or 14 promote discussion or understanding in regard to the prevention of 15 sexually transmitted diseases, including HIV/AIDS, or to the 16 avoidance of out-of-wedlock unintended pregnancy, or (ii) an 17 abstinence until marriage program, an abstinence-based 18 comprehensive sexual health education program, or (iii) a 19 comprehensive sex education program, whether developed by the State 20 or by the local board of education, the parents and legal guardians of 21 those students shall be given an opportunity to review the objectives 22 and materials. Local boards of education shall adopt policies to 23 provide opportunities for parents and legal guardians to consent or for 24 parents and legal guardians to withhold their consent to the students' 25 participation in any or alleither or both of these programs.the programs 26 described in (i) or (ii) of this subdivision. 27 (8) Students may receive information about where to obtain contraceptives 28 and abortion referral services only in accordance with a local board's 29 policy regarding parental and legal guardian notification and consent. 30 Any instruction concerning the use of contraceptives or prophylactics 31 shall provide accurate statistical information on their effectiveness and 32 failure rates for preventing reducing the risk of unintended pregnancy 33 and sexually transmitted diseases, disease infection, including 34 HIV/AIDS, in actual use among adolescent populations and shall 35 explain clearly the difference between risk reduction and risk 36 elimination through abstinence. abstinence from all sexual activity. 37 The Department of Health and Human Services shall provide the most 38 current available information based on scientific research at the 39 beginning of each school year. 40 (9) Contraceptives, including condoms and other devices, shall not be 41 made available or distributed on school property. 42 (10) School health coordinators may be employed to assist in the 43 instruction of any portion of the comprehensive school health 44 General Assembly of North Carolina Session 2007 Page 8 House Bill 879-Second Edition education program. Where feasible, a school health coordinator should 1 serve more than one local school administrative unit. Each person 2 initially employed as a State-funded school health coordinator after 3 June 30, 1987, shall have a degree in health education. 4 (11) The State Board of Education shall develop objectives for instruction 5 in the awareness of sexual assault, sexual abuse, and risk reduction. 6 The instruction and materials shall provide for all of the following: 7 a. Focus on healthy relationships. 8 b. Teach students what constitutes sexual assault and sexual abuse, 9 the causes of those behaviors, and risk reduction. 10 c. Inform students about resources and reporting procedures if 11 they experience sexual assault or sexual abuse. 12 d. Examine common misconceptions and stereotypes about sexual 13 assault and sexual abuse. 14 e. Explore the contribution that alcohol and drugs may play in 15 sexual assault." 16 SECTION 2. This act becomes effective July 1, 2007, and applies beginning 17 with the 2008-2009 school year. 18