Text of NC S 221 (2009)

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2009 S 1 SENATE BILL 221* Short Title: Healthy Youth Act. (Public) Sponsors: Senators Graham; Atwater, Berger of Franklin, Bingham, Boseman, Dannelly, Davis, Dorsett, Foriest, Garrou, Jenkins, Jones, Kinnaird, Malone, McKissick, Nesbitt, Purcell, Queen, Shaw, Stein, and Weinstein. Referred to: Education/Higher Education. February 19, 2009 *S221-v-1* A BILL TO BE ENTITLED 1 AN ACT TO PROVIDE FOR ABSTINENCE UNTIL MARRIAGE AND 2 COMPREHENSIVE SEXUALITY EDUCATION PROGRAMS IN GRADES SEVEN 3 THROUGH NINE. 4 The General Assembly of North Carolina enacts: 5 SECTION 1. This act shall be known as the "Healthy Youth Act of 2009". 6 SECTION 2. G.S. 115C-81(e1)(1)l. reads as rewritten: 7 "l. Abstinence until marriage education; An abstinence only until 8 marriage program, and an abstinence-based comprehensive sexuality 9 education program; and". 10 SECTION 3. G.S. 115C-81(e1)(3) is repealed. 11 SECTION 4. G.S. 115C-81(e1)(4) reads as rewritten: 12 "(4) The State Board of Education shall evaluate abstinence until marriage 13 curricula and their learning materials and shall develop and maintain a 14 recommended list of one or more approved abstinence until marriage 15 curricula. The State Board may develop an abstinence until marriage 16 program to include on the recommended list. The State Board of Education 17 shall not select or develop a program for inclusion on the recommended list 18 that does not include the positive benefits of abstinence until marriage and 19 the risks of premarital sexual activity as the primary focus. The State Board 20 shall include on the recommended list only programs that include, in 21 appropriate grades and classes, instruction that: Each local school 22 administrative unit shall offer an abstinence only until marriage program 23 commencing in the seventh grade that includes the following instruction: 24 a. Teaches that abstinence from sexual activity outside of marriage is 25 the expected standard for all school-age children; 26 b. Presents techniques and strategies to deal with peer pressure and 27 offering positive reinforcement; 28 c. Presents reasons, skills, and strategies for remaining or becoming 29 abstinent from sexual activity; 30 d. Teaches that abstinence from sexual activity is the only certain 31 means of avoiding out-of-wedlock pregnancy, sexually transmitted 32 diseases when transmitted through sexual contact, including 33 HIV/AIDS, and other associated health and emotional problems; 34 General Assembly of North Carolina Session 2009 Page 2 Senate Bill 221*-First Edition e. Teaches that a mutually faithful monogamous heterosexual 1 relationship in the context of marriage is the best lifelong means of 2 avoiding sexually transmitted diseases, including HIV/AIDS; 3 f. Teaches the positive benefits of abstinence until marriage and the 4 risks of premarital sexual activity; 5 g. Provides opportunities that allow for interaction between the parent 6 or legal guardian and the student; and 7 h. Provides factually accurate biological or pathological information 8 that is related to the human reproductive system." 9 SECTION 5. G.S. 115C-81(e1) is amended by adding two new subdivisions to 10 read: 11 "(4a) Each local school administrative unit shall also offer an abstinence-based 12 comprehensive sexuality health education program commencing in the 13 seventh grade that includes the following instruction: 14 a. Teaches respect for marriage and committed relationships; 15 b. Teaches that abstinence from sexual intercourse is the only certain 16 way to prevent unintended pregnancy, reduce the risk of sexual 17 transmission of diseases, including HIV/AIDS, and provide 18 information about the value of abstinence; 19 c. Teaches about sexually transmitted diseases. Instruction shall include 20 how sexually transmitted diseases are and are not transmitted, the 21 effectiveness and safety of all federal Food and Drug Administration 22 (FDA)-approved methods of reducing the risk of contracting sexually 23 transmitted diseases, and information on local resources for testing 24 and medical care for sexually transmitted diseases; 25 d. Teaches about the effectiveness and safety of all FDA-approved 26 contraceptive methods in preventing pregnancy; 27 e. Teaches functional knowledge and essential skills to promote and 28 maintain healthy behaviors that value lifelong good health and 29 avoidance of risky behaviors such as alcohol and drug abuse, 30 intravenous drug abuse, and unprotected sexual activity; 31 f. Teaches awareness of sexual assault, sexual abuse, and risk 32 reduction. The instruction and materials shall: 33 1. Focus on healthy relationships; 34 2. Teach students what constitutes sexual assault and sexual 35 abuse, the causes of those behaviors, and risk reduction; 36 3. Inform students about resources and reporting procedures if 37 they experience sexual assault or sexual abuse; and 38 4. Examine common misconceptions and stereotypes about 39 sexual assault and sexual abuse; 40 g. Provides opportunities that allow for interaction between the parent 41 or legal guardian and the student; 42 h. Provides that materials used in instruction shall be age appropriate 43 for use with students; and 44 i. Provides that information conveyed during the instruction shall be 45 objective and based upon scientific research that is peer reviewed and 46 accepted by professionals and credentialed experts in the field of 47 sexual health education. 48 (4b) Each local school administrative unit shall (i) submit to all parents or 49 guardians of students in grades seven through nine consent forms explaining 50 the two available tracks, abstinence only until marriage and abstinence-based 51 General Assembly of North Carolina Session 2009 Senate Bill 221*-First Edition Page 3 comprehensive sexuality education, and (ii) ask that each parent select a 1 track for his or her child and return the signed consent form to the school. 2 The consent form shall contain a statement in bold print that if the signed 3 form is not returned to the school, the student will be enrolled in the 4 abstinence-based comprehensive sexuality education program. Schools shall 5 offer both options to all parents of students attending public school grades 6 seven through nine." 7 SECTION 6. G.S. 115C-81(e1)(5) reads as rewritten: 8 "(5) The State Board of Education shall make available to all local school 9 administrative units for review by the parents and legal guardians of students 10 enrolled at that unit any State-developed objectives for instruction, any 11 approved textbooks, the list of reviewed materials, and any other 12 State-developed or approved materials that pertain to or are intended to 13 impart information or promote discussion or understanding in regard to the 14 prevention of sexually transmitted diseases, including HIV/AIDS, to the 15 avoidance of out-of-wedlock pregnancy, or to the abstinence only until 16 marriage curriculum.curriculum or abstinence-based comprehensive 17 sexuality curriculum. The review period shall extend for at least 60 days 18 before use." 19 SECTION 7. G.S. 115C-81(e1)(6) is repealed. 20 SECTION 8. G.S. 115C-81(e1)(7) reads as rewritten: 21 "(7) Each school year, before students may participate in any portion of (i) a 22 program that pertains to or is intended to impart information or promote 23 discussion or understanding in regard to the prevention of sexually 24 transmitted diseases, including HIV/AIDS, or to the avoidance of 25 out-of-wedlock pregnancy, (ii) an abstinence only until marriage program, or 26 (iii) a comprehensive sexan abstinence-based comprehensive sexuality 27 education program, whether developed by the State or by the local board of 28 education, the parents and legal guardians of those students shall be given an 29 opportunity to review the objectives and materials. Local boards of 30 education shall adopt policies to provide opportunities either for parents and 31 legal guardians to consent or for parents and legal guardians to withhold 32 their consent to the students' participation in any or all of these programs." 33 SECTION 9. This act is effective when it becomes law and applies beginning with 34 the 2009-2010 school year. 35