Text of NV AB 230 (2013)

A.B. 230 - *AB230* ASSEMBLY BILL NO. 230–ASSEMBLYMEN BOBZIEN, EISEN, SPRINKLE, ELLIOT ANDERSON, HAMBRICK; AIZLEY, BENITEZ-THOMPSON, HORNE AND KIRKPATRICK MARCH 11, 2013 ____________ JOINT SPONSORS: SENATORS SPEARMAN, PARKS, SEGERBLOM AND MANENDO ____________ Referred to Committee on Education SUMMARY—Revises provisions governing courses of instruction in sex education. (BDR 34-1034) FISCAL NOTE: Effect on Local Government: May have Fiscal Impact. Effect on the State: Yes. ~ EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. AN ACT relating to education; requiring the board of trustees of each school district to establish a comprehensive, age- appropriate and medically accurate course of instruction in sex education; requiring the Council to Establish Academic Standards for Public Schools to establish standards of content and performance for a course of instruction in sex education as part of a course of study in health; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Existing law requires the board of trustees of a school district to establish a 1 course or a unit of a course of instruction concerning acquired immune deficiency 2 syndrome, the human reproductive system, related communicable diseases and 3 sexual responsibility which must be taught by a teacher or school nurse whose 4 qualifications have been approved by the board of trustees. Existing law further 5 requires the board of trustees to appoint an advisory committee to advise the district 6 concerning the content of and materials to be used in such a course of instruction 7 and requires the parent or guardian of a pupil to consent in writing before the pupil 8 may participate in the course. (NRS 389.065) Section 1 of this bill requires the 9 board of trustees of a school district to establish a course of instruction in sex 10 education and prescribes the topics which must be included in the course of 11 instruction. Section 1 requires that the course of instruction in sex education be 12 – 2 – - *AB230* age-appropriate for the pupils who receive the instruction, comprehensive and, as 13 applicable, medically accurate. Section 1 additionally revises the composition of 14 the membership of the advisory committee and revises the qualifications which 15 authorize a person to teach the course of instruction in sex education. Section 1 16 requires the notice to the parent or guardian of a pupil to whom a course of 17 instruction in sex education is offered to include a form for the parent or guardian 18 to opt the pupil out of the course of instruction. 19 Existing law requires the Council to Establish Academic Standards for Public 20 Schools to establish standards of content and performance for certain courses of 21 study, including health. (NRS 389.520) Section 2 of this bill requires the Council to 22 establish standards of content and performance for the course of instruction in sex 23 education required by section 1 as part of the course of study in health. 24 THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. NRS 389.065 is hereby amended to read as follows: 1 389.065 1. The board of trustees of [a] each school district 2 shall establish [a course or unit of] a course of [: 3 (a) Factual] instruction [concerning acquired] in sex education. 4 The course of instruction must comply with the standards for 5 content and performance for a course of study in health 6 established by the Council to Establish Academic Standards for 7 Public Schools pursuant to NRS 389.520 and must be age- 8 appropriate for the pupils who receive the instruction. Based upon 9 the grade level of pupils designated by the board of trustees, the 10 course of instruction must include comprehensive, and as 11 applicable, medically accurate, information regarding: 12 (a) Acquired immune deficiency syndrome [; and] , including, 13 without limitation, the human immunodeficiency virus; 14 (b) [Instruction on the] The human reproductive system, [related 15 communicable] including, without limitation, anatomy and 16 physiology, puberty, pregnancy, parenting, body image, gender 17 stereotypes and the biological, psychosocial and emotional 18 changes that accompany maturation; 19 (c) Communicable diseases [and sexual responsibility.] that are 20 known to be sexually transmitted, including, without limitation, 21 the proper use and effectiveness of methods to avoid such diseases, 22 and the availability, effectiveness and safety of any vaccinations, 23 tests and treatments for such diseases; 24 (d) Domestic violence, sexual abuse, sexual assault, 25 exploitation and human trafficking; 26 (e) Access to counseling, medical and legal assistance, and 27 other resources to assist pupils with addressing and escaping a 28 violent or exploitative relationship; 29 – 3 – - *AB230* (f) The development of skills necessary to promote sexual 1 responsibility, including, without limitation, skills to assist pupils 2 in setting and meeting goals, identifying the characteristics of a 3 healthy relationship, negotiating, communicating with parents and 4 family, and refusing unwanted sexual advances or activity; 5 (g) Methods of contraception which may be used to prevent 6 pregnancy, including, without limitation, the proper use, 7 effectiveness, safety, health benefits and side effects of each 8 method of contraception; 9 (h) The importance of abstinence as the most effective method 10 of preventing an unwanted pregnancy or a sexually transmitted 11 disease; 12 (i) The identification and explanation of reproductive health 13 services, including, without limitation, effective and safe methods 14 of contraception and contraceptive devices, and screening and 15 treatment for sexually transmitted diseases and other related 16 communicable diseases; 17 (j) The effects of alcohol and drug use on responsible decision 18 making; 19 (k) The effects of peer pressure and of social and other media 20 on a pupil’s thoughts, feelings and behaviors related to sexuality 21 and sexual behavior; 22 (l) Participation in and exploitation from the electronic 23 transmission of sexually explicit images or other material; and 24 (m) The state and federal laws relating to consent, the age of 25 consent, statutory rape, the electronic transmission of sexually 26 explicit images or other material and any other legal issues 27 relevant to sex education. 28 ¬ The board of trustees shall periodically revise the content of the 29 course of instruction as necessary to ensure that the content of the 30 course of instruction is current, age-appropriate and, as 31 applicable, medically accurate. 32 2. The course of instruction offered pursuant to this section 33 must: 34 (a) Utilize methods of teaching and include materials which 35 promote the inclusion and acceptance of pupils regardless of race, 36 gender, gender identity or expression, religion, sexual orientation, 37 ethnic or cultural background or disability. 38 (b) Appropriately prepare pupils who have or are currently 39 engaged in sexual activity and pupils who may engage in sexual 40 activity in the future. 41 3. Each board of trustees shall appoint an advisory committee 42 consisting of: 43 (a) Five parents of children who attend [schools] a school in the 44 district; [and] 45 – 4 – - *AB230* (b) Two pupils who attend a school in the district; and 1 (c) Four representatives, one from each of [four of] the 2 following professions , [or] occupations [:] or backgrounds: 3 (1) Medicine or nursing; 4 (2) Counseling; 5 (3) Religion [;] , spirituality or community life; and 6 (4) [Pupils who attend schools in the district; or 7 (5) Teaching.] Education. 8 ¬ [This] The board of trustees may appoint additional members to 9 the advisory committee who are representatives of the community. 10 4. The advisory committee appointed pursuant to subsection 3 11 shall [advise] recommend to the [district] board of trustees 12 concerning the course of instruction established pursuant to this 13 section: 14 (a) Instructors who have demonstrated an appropriate level of 15 competency to teach a comprehensive, age-appropriate and 16 medically accurate course of instruction in sex education; 17 (b) The content of and materials to be used in [a] the course of 18 instruction [established pursuant to this section,] ; and [the 19 recommended] 20 (c) The ages of the pupils to whom each subject of the course 21 [is] of instruction may be offered. 22 ¬ The final decision on these matters must be that of the board of 23 trustees. 24 [3.] 5. The subjects of the [courses] course of instruction may 25 be taught only by [a] : 26 (a) A teacher [or school] ; 27 (b) A professional educator; 28 (c) A nurse ; or 29 (d) A provider of health care, 30 ¬ who has been recommended by the advisory committee 31 pursuant to paragraph (a) of subsection 4 and whose qualifications 32 have been previously approved by the board of trustees. 33 [4.] 6. The parent or guardian of each pupil to whom a course 34 of instruction is offered pursuant to this section must first be 35 furnished written notice that the course will be offered. The notice 36 must be given in the usual manner used by the local district to 37 transmit written material to parents, and must [contain] include a 38 form for [the signature of] the parent or guardian of the pupil 39 [consenting] to opt the [pupil’s attendance. Upon receipt of the 40 written consent of the parent or guardian, the] pupil [may attend] 41 out of the course [.] of instruction. If the [written consent of the] 42 parent or guardian [is not received,] opts the pupil out of the course 43 of instruction, the pupil must be excused from such attendance 44 without any penalty as to credits or academic standing. Any course 45 – 5 – - *AB230* of instruction offered pursuant to this section is not a requirement 1 for graduation. 2 [5.] 7. All instructional materials to be used in a course of 3 instruction offered pursuant to this section must be available for 4 inspection by parents or guardians of pupils at reasonable times and 5 locations before the course is taught, and appropriate written notice 6 of the availability of the material must be furnished to all parents 7 and guardians. 8 8. As used in this section: 9 (a) “Age-appropriate” means designed to teach concepts, 10 information and skills based on the social, cognitive, emotional 11 and experience level of most pupils of a particular age. 12 (b) “Gender identity or expression” means a gender-related 13 identity, appearance, expression or behavior of a person, 14 regardless of the person’s assigned sex at birth. 15 (c) “Medically accurate” means: 16 (1) Verified or supported by current or prevailing scientific 17 evidence; 18 (2) Published by peer-reviewed scientific or medical 19 journals; or 20 (3) Recognized as accurate and objective by a professional 21 organization or agency, including, without limitation, the Centers 22 for Disease Control and Prevention of the United States 23 Department of Health and Human Services, the American 24 Academy of Pediatrics, the American Public Health Association or 25 the American Congress of Obstetricians and Gynecologists. 26 (d) “Provider of health care” means a person who is licensed, 27 certified or otherwise authorized by the law of this State to 28 administer health care in the ordinary course of business or 29 practice of a profession. 30 (e) “Sex education” means a sexuality education program that 31 builds a foundation of knowledge and skills relating to human 32 development, relationships, decision-making, abstinence, 33 contraception and disease prevention. 34 (f) “Sexual orientation” means having or being perceived as 35 having an orientation of heterosexuality, homosexuality or 36 bisexuality. 37 Sec. 2. NRS 389.520 is hereby amended to read as follows: 38 389.520 1. The Council shall: 39 (a) Establish standards of content and performance, including, 40 without limitation, a prescription of the resulting level of 41 achievement, for the grade levels set forth in subsection 3, based 42 upon the content of each course, that is expected of pupils for the 43 following courses of study: 44 (1) English, including reading, composition and writing; 45 – 6 – - *AB230* (2) Mathematics; 1 (3) Science; 2 (4) Social studies, which includes only the subjects of 3 history, geography, economics and government; 4 (5) The arts; 5 (6) Computer education and technology; 6 (7) Health [;] , including, without limitation, the course of 7 instruction in sex education required by NRS 389.065; and 8 (8) Physical education. 9 (b) Establish a schedule for the periodic review and, if 10 necessary, revision of the standards of content and performance. The 11 review must include, without limitation, the review required 12 pursuant to NRS 389.570 of the results of pupils on the 13 examinations administered pursuant to NRS 389.550. 14 (c) Assign priorities to the standards of content and performance 15 relative to importance and degree of emphasis and revise the 16 standards, if necessary, based upon the priorities. 17 2. The standards for computer education and technology must 18 include a policy for the ethical, safe and secure use of computers 19 and other electronic devices. The policy must include, without 20 limitation: 21 (a) The ethical use of computers and other electronic devices, 22 including, without limitation: 23 (1) Rules of conduct for the acceptable use of the Internet 24 and other electronic devices; and 25 (2) Methods to ensure the prevention of: 26 (I) Cyber-bullying; 27 (II) Plagiarism; and 28 (III) The theft of information or data in an electronic 29 form; 30 (b) The safe use of computers and other electronic devices, 31 including, without limitation, methods to: 32 (1) Avoid harassment, cyber-bullying and other unwanted 33 electronic communication, including, without limitation, 34 communication with on-line predators; 35 (2) Recognize when an on-line electronic communication is 36 dangerous or potentially dangerous; and 37 (3) Report a dangerous or potentially dangerous on-line 38 electronic communication to the appropriate school personnel; 39 (c) The secure use of computers and other electronic devices, 40 including, without limitation: 41 (1) Methods to maintain the security of personal identifying 42 information and financial information, including, without limitation, 43 identifying unsolicited electronic communication which is sent for 44 – 7 – - *AB230* the purpose of obtaining such personal and financial information for 1 an unlawful purpose; 2 (2) The necessity for secure passwords or other unique 3 identifiers; 4 (3) The effects of a computer contaminant; 5 (4) Methods to identify unsolicited commercial material; and 6 (5) The dangers associated with social networking Internet 7 sites; and 8 (d) A designation of the level of detail of instruction as 9 appropriate for the grade level of pupils who receive the instruction. 10 3. The Council shall establish standards of content and 11 performance for each grade level in kindergarten and grades 1 to 8, 12 inclusive, for English and mathematics. The Council shall establish 13 standards of content and performance for the grade levels selected 14 by the Council for the other courses of study prescribed in 15 subsection 1. 16 4. The Council shall forward to the State Board the standards 17 of content and performance established by the Council for each 18 course of study. The State Board shall: 19 (a) Adopt the standards for each course of study, as submitted 20 by the Council; or 21 (b) If the State Board objects to the standards for a course of 22 study or a particular grade level for a course of study, return those 23 standards to the Council with a written explanation setting forth the 24 reason for the objection. 25 5. If the State Board returns to the Council the standards of 26 content and performance for a course of study or a grade level, the 27 Council shall: 28 (a) Consider the objection provided by the State Board and 29 determine whether to revise the standards based upon the objection; 30 and 31 (b) Return the standards or the revised standards, as applicable, 32 to the State Board. 33 ¬ The State Board shall adopt the standards of content and 34 performance or the revised standards, as applicable. 35 6. The Council shall work in cooperation with the State Board 36 to prescribe the examinations required by NRS 389.550. 37 7. As used in this section: 38 (a) “Computer contaminant” has the meaning ascribed to it in 39 NRS 205.4737. 40 (b) “Cyber-bullying” has the meaning ascribed to it in 41 NRS 388.123. 42 (c) “Electronic communication” has the meaning ascribed to it 43 in NRS 388.124. 44 – 8 – - *AB230* Sec. 3. This act becomes effective on July 1, 2013. 1 H