Text of NC S 1182 (2007)

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2007 S 1 SENATE BILL 1182 Short Title: Modify School Health Education Program. (Public) Sponsors: Senators Garrou; Cowell, Dorsett, Hagan, Kinnaird, and Purcell. Referred to: Education/Public Instruction. March 22, 2007 A BILL TO BE ENTITLED 1 AN ACT TO AMEND THE STATUTES PERTAINING TO THE SCHOOL HEALTH 2 EDUCATION PROGRAM. 3 The General Assembly of North Carolina enacts: 4 SECTION 1. G.S. 115C-81(e1) reads as rewritten: 5 "(e1) School Health Education Program to Be Developed and Administered. 6 (1) A comprehensive school health education program shall be developed 7 and taught to pupils students of the public schools of this State from 8 kindergarten through ninth grade. This program includes 9 age-appropriate instruction in the following subject areas, regardless of 10 whether this instruction is described as, or incorporated into a 11 description of, "family life education", "family health education", 12 "health education", "family living", "health", "healthful living 13 curriculum", or "self-esteem": 14 a. Mental and emotional health; 15 b. Drug and alcohol abuse prevention; 16 c. Nutrition; 17 d. Dental health; 18 e. Environmental health; 19 f. Family living; 20 g. Consumer health; 21 h. Disease control; 22 i. Growth and development; 23 j. First aid and emergency care, including the teaching of 24 cardiopulmonary resuscitation (CPR) and the Heimlich 25 maneuver by using hands-on training with mannequins so that 26 students become proficient in order to pass a test approved by 27 the American Heart Association, or American Red Cross; 28 General Assembly of North Carolina Session 2007 Page 2 Senate Bill 1182-First Edition k. Preventing unintended pregnancy and sexually transmitted 1 diseases, including HIV/AIDS, and other communicable 2 diseases; 3 l. Abstinence until marriage education; andAbstinence-based 4 comprehensive sexual health education; 5 m. Bicycle safety.safety; and 6 n. Awareness of sexual abuse and assault and risk reduction. 7 (1a) As used in this subsection, "HIV/AIDS" means Human 8 Immunodeficiency Virus/Acquired Immune Deficiency Syndrome. 9 (2) The State Board of Education shall supervise the development and 10 operation of a statewide comprehensive school health education 11 program including curriculum development, in-service training 12 provision and promotion of collegiate training, learning material 13 review, and assessment and evaluation of local programs in the same 14 manner as for other programs. The State Board of Education shall 15 adopt objectives for the instruction of the subject areas listed in 16 subdivision (1) of this subsection that are appropriate for each grade 17 level. In addition, the State Board shall approve textbooks and other 18 materials incorporating these objectives that local school 19 administrative units may purchase with State funds. The State Board of 20 Education, through the Department of Public Instruction, shall, on a 21 regular basis, review materials related to these objectives, and 22 distribute these reviews to local school administrative units for their 23 information. 24 (2a) Local school administrative units shall provide comprehensive sexual 25 health education, consisting of age-appropriate instruction, in grades 26 seven to 12 inclusive, using instructors trained in the appropriate 27 courses. Students shall receive instruction in grades seven and eight 28 and in one additional year. 29 (2b) The unit's comprehensive sexual health education shall satisfy all of 30 the following criteria: 31 a. Instruction and materials shall be age appropriate. 32 b. All information presented shall be factually and medically 33 accurate and objective. 34 c. Instruction and materials shall be appropriate for use with 35 students of all races, genders, sexual orientations, ethnic and 36 cultural backgrounds, and with students with disabilities. 37 d. Instruction and materials shall encourage a pupil to 38 communicate with his or her parents or guardians about human 39 sexuality. 40 e. Instruction and materials shall teach respect for marriage and 41 committed relationships. 42 f. Commencing in grade seven, instruction and materials shall 43 teach that abstinence from sexual intercourse is the only certain 44 General Assembly of North Carolina Session 2007 Senate Bill 1182-First Edition Page 3 way to prevent unintended pregnancy, teach that abstinence 1 from sexual activity is the only certain way to prevent the 2 sexual transmission of diseases, and provide information about 3 the value of abstinence. 4 g. Commencing in grade seven, instruction and materials shall 5 provide information about sexually transmitted diseases. This 6 instruction shall include how sexually transmitted diseases are 7 and are not transmitted, the effectiveness and safety of all 8 federal Food and Drug Administration (FDA) approved 9 methods of reducing the risk of contracting sexually transmitted 10 diseases, and information on local resources for testing and 11 medical care for sexually transmitted diseases. 12 h. Commencing in grade seven, instruction and materials shall 13 provide information about the effectiveness and safety of all 14 FDA-approved contraceptive methods in preventing pregnancy, 15 including, but not limited to, emergency contraception. 16 i. Commencing in grade seven, instruction and materials shall 17 provide students with skills for making and implementing 18 responsible decisions about sexuality. 19 j. Commencing in grade seven, instruction and materials shall 20 provide students with information on the law on surrendering 21 physical custody of a minor child 72 hours or younger, pursuant 22 to G.S. 15A-540. 23 (2c) A school unit that elects to offer comprehensive sexual health 24 education pursuant to subdivision (2a) of this subsection earlier than 25 grade seven may provide age appropriate and medically accurate 26 information on any of the general topics contained in sub-subdivisions 27 f. through j. of subdivision (2b) of this subsection. 28 (2d) The school unit shall offer comprehensive sexual health education 29 pursuant to subdivision (2a) of this subsection and shall comply with 30 the following: 31 a. Instruction and materials shall not reflect or promote bias 32 against any person on the basis of sex, ethnic group 33 identification, race, national origin, religion, color, sexual 34 orientation, gender identity, or mental or physical disability. 35 b. A school unit shall ensure that all students in grades seven to 36 12, inclusive, receive HIV/AIDS prevention education from an 37 instructor trained in the appropriate courses. Each student shall 38 receive this instruction at least once in junior high or middle 39 school and at least once in high school. 40 c. HIV/AIDS prevention education shall satisfy all of the criteria 41 set forth in sub-subdivisions a. through e. of subdivision (2b) of 42 this subsection and sub-subdivisons a. and b. of subdivision 43 (2d) of this subsection, shall accurately reflect the latest 44 General Assembly of North Carolina Session 2007 Page 4 Senate Bill 1182-First Edition information and recommendations from the United States 1 Surgeon General, the federal Centers for Disease Control and 2 Prevention, and the National Academy of Sciences, and shall 3 include the following: 4 1. Information on the nature of HIV/AIDS and its effects 5 on the human body. 6 2. Information on the manner in which HIV is and is not 7 transmitted, including information on activities that 8 present the highest risk of HIV infection. 9 3. Discussion of methods to reduce the risk of HIV 10 infection. This instruction shall emphasize that sexual 11 abstinence, monogamy, the avoidance of multiple sexual 12 partners, and abstinence from intravenous drug use are 13 the most effective means for HIV/AIDS prevention, but 14 shall also include statistics based upon the latest medical 15 information citing the success and failure rates of 16 condoms and other contraceptives in preventing sexually 17 transmitted HIV infection. 18 4. Discussion of the public health issues associated with 19 HIV/AIDS. 20 5. Information on local resources for HIV testing and 21 medical care. 22 6. Development of refusal skills to assist students in 23 overcoming peer pressure and using effective 24 decision-making skills to avoid high-risk activities. 25 7. Discussion about societal views, including stereotypes 26 and common misconceptions regarding persons with 27 HIV/AIDS. 28 (3) The State Board of Education shall develop objectives for instruction 29 in the prevention of sexually transmitted diseases, including 30 HIV/AIDS, that include emphasis on the importance of parental 31 involvement, abstinence from sex until marriage, and avoiding 32 intravenous drug use. Any program developed under this subdivision 33 shall present techniques and strategies to deal with peer pressure and to 34 offer positive reinforcement and shall teach reasons, skills, and 35 strategies for remaining or becoming abstinent from sexual activity; 36 for appropriate grade levels and classes, shall teach that abstinence 37 from sexual activity until marriage is the only certain means of 38 avoiding out-of-wedlock pregnancy, sexually transmitted diseases 39 when transmitted through sexual contact, and other associated health 40 and emotional problems, and that a mutually faithful monogamous 41 heterosexual relationship in the context of marriage is the best lifelong 42 means of avoiding diseases transmitted by sexual contact, including 43 HIV/AIDS, shall teach how alcohol and drug use lower inhibitions, 44 General Assembly of North Carolina Session 2007 Senate Bill 1182-First Edition Page 5 which may lead to risky sexual behavior, and shall teach the positive 1 benefits of abstinence until marriage and the risks of premarital sexual 2 activity. 3 (4) The State Board of Education shall evaluate abstinence until marriage 4 curricula and their learning materials and shall develop and maintain a 5 recommended list of one or more approved abstinence until marriage 6 curricula. The State Board may develop an abstinence until marriage 7 program to include on the recommended list. The State Board of 8 Education shall not select or develop a program for inclusion on the 9 recommended list that does not include the positive benefits of 10 abstinence until marriage and the risks of premarital sexual activity as 11 the primary focus. The State Board shall include on the recommended 12 list only programs that include, in appropriate grades and classes, 13 instruction that: 14 a. Teaches that abstinence from sexual activity outside of 15 marriage is the expected standard for all school-age children; 16 b. Presents techniques and strategies to deal with peer pressure 17 and offering positive reinforcement; 18 c. Presents reasons, skills, and strategies for remaining or 19 becoming abstinent from sexual activity; 20 d. Teaches that abstinence from sexual activity is the only certain 21 means of avoiding out-of-wedlock pregnancy, sexually 22 transmitted diseases when transmitted through sexual contact, 23 including HIV/AIDS, and other associated health and emotional 24 problems; 25 e. Teaches that a mutually faithful monogamous heterosexual 26 relationship in the context of marriage is the best lifelong means 27 of avoiding sexually transmitted diseases, including HIV/AIDS; 28 f. Teaches the positive benefits of abstinence until marriage and 29 the risks of premarital sexual activity; 30 g. Provides opportunities that allow for interaction between the 31 parent or legal guardian and the student; and 32 h. Provides factually accurate biological or pathological 33 information that is related to the human reproductive system. 34 (5) The State Board of Education shall make available to all local school 35 administrative units for review by the parents and legal guardians of 36 students enrolled at that unit any State-developed objectives for 37 instruction, any approved textbooks, the list of reviewed materials, and 38 any other State-developed or approved materials that pertain to or are 39 intended to impart information or promote discussion or understanding 40 in regard to the prevention of sexually transmitted diseases, including 41 HIV/AIDS, to the avoidance of out-of-wedlock pregnancy, or to the 42 abstinence until marriage curriculum. The review period shall extend 43 for at least 60 days before use. 44 General Assembly of North Carolina Session 2007 Page 6 Senate Bill 1182-First Edition (6) Each local school administrative unit shall provide a comprehensive 1 school health education program that meets all the requirements of this 2 subsection and all the objectives established by the State Board. Each 3 local board of education may expand on the subject areas to be 4 included in the program and on the instructional objectives to be met. 5 This expanded program may include a comprehensive sex education 6 program for that local school administrative unit only if all of the 7 following requirements are satisfied: 8 a. Before a comprehensive sex education program is adopted, the 9 local board of education shall conduct a public hearing, after 10 adequately notifying the public of the hearing. 11 b. For at least 30 days before this public hearing and during this 12 public hearing, the objectives for this proposed program and all 13 instructional materials shall be made available for review. 14 c. For at least 30 days after the public hearing, the objectives for 15 the program and all instructional materials shall remain 16 available for review by parents and legal guardians of students 17 in that local school administrative unit. 18 (7) Each school year, before students may participate in any portion of (i) 19 a program that pertains to or is intended to impart information or 20 promote discussion or understanding in regard to the prevention of 21 sexually transmitted diseases, including HIV/AIDS, or to the 22 avoidance of out-of-wedlock pregnancy, (ii) an abstinence until 23 marriage program, abstinence-based comprehensive sexual health 24 education, or (iii) a comprehensive sex education program, whether 25 developed by the State or by the local board of education, the parents 26 and legal guardians of those students shall be given an opportunity to 27 review the objectives and materials. Local boards of education shall 28 adopt policies to provide opportunities either for parents and legal 29 guardians to consent or for parents and legal guardians to withhold 30 their consent to the students' participation in any or all of these 31 programs. 32 (8) Students may receive information about where to obtain contraceptives 33 and abortion referral services only in accordance with a local board's 34 policy regarding parental consent. Any instruction concerning the use 35 of contraceptives or prophylactics shall provide accurate statistical 36 information on their effectiveness and failure rates for preventing 37 pregnancy and sexually transmitted diseases, including HIV/AIDS, in 38 actual use among adolescent populations and shall explain clearly the 39 difference between risk reduction and risk elimination through 40 abstinence. The Department of Health and Human Services shall 41 provide the most current available information at the beginning of each 42 school year. 43 General Assembly of North Carolina Session 2007 Senate Bill 1182-First Edition Page 7 (9) Contraceptives, including condoms and other devices, shall not be 1 made available or distributed on school property. 2 (10) School health coordinators may be employed to assist in the 3 instruction of any portion of the comprehensive school health 4 education program. Where feasible, a school health coordinator should 5 serve more than one local school administrative unit. Each person 6 initially employed as a State-funded school health coordinator after 7 June 30, 1987, shall have a degree in health education. 8 (11) The State Board of Education shall develop objectives for instruction 9 in the awareness of sexual assault and abuse. As used in this 10 subdivision, "sexual assault" means any unwanted sexual contact.The 11 curriculum, textbooks, and materials for the program shall: 12 a. Inform students about relevant school policies, complaint 13 procedures, and existing laws; 14 b. Examine the concept of consent, including the forms coercion 15 can take, sexual harassment, and typical strategies people might 16 use to pressure someone into unwanted touching and sexual 17 activity; 18 c. Examine common misconceptions and stereotypes about sexual 19 assault and promote victim empathy; 20 d. Explore the contribution that alcohol and drugs may play in 21 sexual assault; 22 e. Focus on healthy relationships as well as understanding what 23 sexual assault, sexual harassment, and unwanted touching are 24 and their causes; and 25 f. Provide information on national and local resources to help 26 those victimized by sexual assault. 27 (12) Enforcement. – If the school unit knows or should have known that 28 school personnel or outside consultants are not in compliance with this 29 subsection, the board shall: 30 a. Terminate the contract of the outside consultant; 31 b. Prohibit noncompliant school personnel from program 32 instruction; or 33 c. Take other appropriate action necessary to ensure compliance 34 with this subsection." 35 SECTION 2. This act becomes effective July 1, 2007, and applies beginning 36 with the 2007-2008 school year. 37