Text of NV AB 348 (2017)

A.B. 348 - *AB348* ASSEMBLY BILL NO. 348–ASSEMBLYWOMAN JOINER MARCH 20, 2017 ____________ Referred to Committee on Education SUMMARY—Revises provisions governing courses of instruction in sex education. (BDR 34-285) 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 an evidence-based, 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 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 legal guardian of a pupil to consent in writing before the 8 pupil may participate in the course. (NRS 389.036) Section 1 of this bill instead 9 requires the board of trustees of each school district to establish a course of 10 instruction in sex education which is factual and prescribes the topics which must 11 be included in the course of instruction. Section 1 also requires that the course of 12 instruction in sex education be age-appropriate for the pupils who receive the 13 instruction, evidence-based and, as applicable, medically accurate and allows a 14 person approved by the board of trustees to be an instructor of such a course if the 15 person demonstrates a certain level of competency. Section 1 additionally revises 16 the composition of the membership of the advisory committee and revises the 17 qualifications which authorize a person to teach a course of instruction in sex 18 education. Section 1 requires the notice given to a parent or guardian of a pupil to 19 – 2 – - *AB348* whom a course of instruction in sex education will be offered to include a form that 20 allows the parent or guardian to opt the pupil out of the course of instruction. 21 Existing law requires the Council to Establish Academic Standards for Public 22 Schools to establish standards of content and performance for certain courses of 23 study, including, without limitation, health. (NRS 389.520) Section 2 of this bill 24 requires the Council to establish standards of content and performance for the 25 course of instruction in sex education required by section 1 as part of such a course 26 of study in health. 27 THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. NRS 389.036 is hereby amended to read as follows: 1 389.036 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 which is factual. The course of instruction must comply with the 5 standards of content and performance for a course of study in 6 health established by the Council to Establish Academic Standards 7 for 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 evidence-based and, as 11 applicable, medically accurate information regarding: 12 (a) Acquired immune deficiency syndrome [; and] , including 13 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) Forms of domestic violence, sexual abuse, sexual assault, 25 exploitation and human trafficking, including, without limitation, 26 information relating to the prevention of these forms of violence 27 and local resources and crisis centers which are available to 28 victims; 29 (e) The development of skills necessary to promote sexual 30 responsibility, including, without limitation, the skills to: 31 (1) Assist pupils in setting and meeting goals; 32 (2) Identify the characteristics of a healthy relationship; 33 (3) Negotiate; 34 – 3 – - *AB348* (4) Communicate with parents and family; 1 (5) Refuse unwanted sexual advances or activity; and 2 (6) Obtain and provide affirmative consent before engaging 3 in sexual activity. 4 (f) Methods of contraception which may be used to prevent 5 pregnancy, including, without limitation, the proper use, 6 effectiveness, safety, health benefits and side effects of each 7 method of contraception; 8 (g) All options authorized by law for family planning in the 9 event of a pregnancy; 10 (h) The importance of abstinence as the most effective method 11 of preventing an unwanted pregnancy and sexually transmitted 12 diseases; 13 (i) The identification and explanation of available counseling 14 and legal and medical information concerning health services, 15 including, without limitation, resources to assist pupils with 16 addressing and escaping a violent or exploitative relationship, 17 effective and safe methods of contraception and contraceptive 18 devices, and screening and treatment for sexually transmitted 19 diseases and other related communicable diseases; 20 (j) The effects of alcohol and drug use on responsible decision 21 making; 22 (k) Data to counter misinformation about and the effects of 23 peer pressure and of social and other media on the thoughts, 24 feelings and behaviors of a pupil that are related to sexuality and 25 sexual behavior; and 26 (l) The state and federal laws relating to consent, the age of 27 consent, statutory rape, the electronic transmission of sexual 28 images prohibited by NRS 200.737 and any other legal issues 29 relevant to sex education. 30 2. The board of trustees shall periodically revise the content 31 of the course of instruction established pursuant to subsection 1 as 32 necessary to ensure that the content is current, age-appropriate 33 and, as applicable, medically accurate. 34 3. The course of instruction established pursuant to 35 subsection 1 must: 36 (a) Use methods of teaching and include materials which are 37 appropriate for a pupil of any race, sex, gender identity or 38 expression, sexual orientation or ethnic or cultural background or 39 a pupil who is an English learner or who is a pupil with a physical 40 or mental disability; 41 (b) Appropriately prepare pupils who have or are currently 42 engaged in sexual activity and pupils who may engage in sexual 43 activity in the future; and 44 – 4 – - *AB348* (c) Recognize the different sexual orientations and be inclusive 1 of persons of all sexual orientations in any examples which may 2 be provided to pupils. 3 4. Each board of trustees shall appoint an advisory committee 4 consisting of: 5 (a) Five parents of children who attend [schools] a school in the 6 district; [and] 7 (b) Two pupils who attend school in the district; 8 (c) Four representatives, one from each of [four of] the 9 following professions , [or] occupations [:] or backgrounds: 10 (1) Medicine or nursing; 11 (2) Counseling; 12 (3) Religion [;] or spirituality; and 13 (4) [Pupils who attend schools in the district; or 14 (5)] Teaching [. 15 ¬ This] ; and 16 (d) Not more than three members who are representatives of 17 the community, if the board of trustees so chooses. 18 5. The advisory committee appointed pursuant to subsection 4 19 shall advise the [district] board of trustees concerning all aspects of 20 the course of instruction established pursuant to this section, 21 including, without limitation: 22 (a) Instructors who have demonstrated an appropriate level of 23 competency to teach an evidence-based, age-appropriate and 24 medically accurate course of instruction in sex education; 25 (b) The content of and materials to be used in [a] the course of 26 instruction ; [established pursuant to this section,] and [the 27 recommended] 28 (c) The ages of the pupils to whom each subject of the course 29 [is] of instruction may be offered. 30 6. The final decision on [these matters] the course of 31 instruction established pursuant to subsection 1 must be that of the 32 board of trustees. 33 [3.] 7. The subjects of the [courses] course of instruction 34 established pursuant to subsection 1 may be taught only by a 35 teacher [or] , other professional educator, school nurse [whose 36 qualifications have been previously approved by the board of 37 trustees. 38 4.] or other instructor approved by the board of trustees who 39 demonstrates the same level of competency to teach an evidence- 40 based, age-appropriate and medically accurate course of 41 instruction in sex education. 42 8. The parent or guardian of each pupil to whom a course of 43 instruction is offered pursuant to this section must first be 44 furnished written notice that the course will be offered. The notice 45 – 5 – - *AB348* must be given in the usual manner used by the local district to 1 transmit written material to parents, and must [contain] include a 2 form [for the signature of] to allow the parent or guardian of the 3 pupil [consenting] to opt the [pupil’s attendance. Upon receipt of the 4 written consent of the parent or guardian, the] pupil [may attend] 5 out of the course [.] of instruction. If the [written consent of the] 6 parent or guardian [is not received,] opts the pupil out of the course 7 of instruction, the pupil must be excused from [such attendance] 8 attending the course of instruction without any penalty as to credits 9 or academic standing. Any course of instruction offered pursuant to 10 this section is not a requirement for graduation. 11 [5.] 9. All instructional materials to be used in a course of 12 instruction established pursuant to this section must be available 13 for inspection by parents or guardians of pupils at reasonable times 14 and locations before the course is taught, and appropriate written 15 notice of the availability of the material must be furnished to all 16 parents and guardians. 17 10. As used in this section: 18 (a) “Age-appropriate” means designed to teach concepts, 19 information and skills based on the social, cognitive, emotional 20 and experience level of most pupils of a particular age. 21 (b) “Evidence-based” means programs or information that 22 have been proven in at least one evaluation to have a positive 23 outcome on behavior. 24 (c) “Gender identity or expression” means a gender-related 25 identity, appearance, expression or behavior of a person, 26 regardless of the person’s assigned sex at birth. 27 (d) “Medically accurate” means: 28 (1) Verified or supported by current or prevailing scientific 29 evidence; 30 (2) Published by peer-reviewed scientific or medical 31 journals; or 32 (3) Recognized as accurate and objective by a professional 33 organization or agency, including, without limitation, the Centers 34 for Disease Control and Prevention of the United States 35 Department of Health and Human Services, the American 36 Academy of Pediatrics, the American Public Health Association or 37 the American Congress of Obstetricians and Gynecologists. 38 (e) “Sex education” means a sexuality education program that 39 builds a foundation of knowledge and skills relating to human 40 development, relationships, decision making, abstinence, 41 contraception, family planning and disease prevention. 42 (f) “Sexual orientation” means having or being perceived as 43 having a particular orientation within the continuum of sexual 44 – 6 – - *AB348* orientation, including, without limitation, heterosexuality, 1 homosexuality and bisexuality. 2 Sec. 2. NRS 389.520 is hereby amended to read as follows: 3 389.520 1. The Council shall: 4 (a) Establish standards of content and performance, including, 5 without limitation, a prescription of the resulting level of 6 achievement, for the grade levels set forth in subsection 4, based 7 upon the content of each course, that is expected of pupils for the 8 following courses of study: 9 (1) English language arts; 10 (2) Mathematics; 11 (3) Science; 12 (4) Social studies, which includes only the subjects of 13 history, geography, economics and government; 14 (5) The arts; 15 (6) Computer education and technology; 16 (7) Health [;] , including, without limitation, the course of 17 instruction in sex education required by NRS 389.065; 18 (8) Physical education; and 19 (9) A foreign or world language. 20 (b) Establish a schedule for the periodic review and, if 21 necessary, revision of the standards of content and performance. The 22 review must include, without limitation, the review required 23 pursuant to NRS 390.115 of the results of pupils on the 24 examinations administered pursuant to NRS 390.105. 25 (c) Assign priorities to the standards of content and performance 26 relative to importance and degree of emphasis and revise the 27 standards, if necessary, based upon the priorities. 28 2. The standards for computer education and technology must 29 include a policy for the ethical, safe and secure use of computers 30 and other electronic devices. The policy must include, without 31 limitation: 32 (a) The ethical use of computers and other electronic devices, 33 including, without limitation: 34 (1) Rules of conduct for the acceptable use of the Internet 35 and other electronic devices; and 36 (2) Methods to ensure the prevention of: 37 (I) Cyber-bullying; 38 (II) Plagiarism; and 39 (III) The theft of information or data in an electronic 40 form; 41 (b) The safe use of computers and other electronic devices, 42 including, without limitation, methods to: 43 – 7 – - *AB348* (1) Avoid cyber-bullying and other unwanted electronic 1 communication, including, without limitation, communication with 2 on-line predators; 3 (2) Recognize when an on-line electronic communication is 4 dangerous or potentially dangerous; and 5 (3) Report a dangerous or potentially dangerous on-line 6 electronic communication to the appropriate school personnel; 7 (c) The secure use of computers and other electronic devices, 8 including, without limitation: 9 (1) Methods to maintain the security of personal identifying 10 information and financial information, including, without limitation, 11 identifying unsolicited electronic communication which is sent for 12 the purpose of obtaining such personal and financial information for 13 an unlawful purpose; 14 (2) The necessity for secure passwords or other unique 15 identifiers; 16 (3) The effects of a computer contaminant; 17 (4) Methods to identify unsolicited commercial material; and 18 (5) The dangers associated with social networking Internet 19 sites; and 20 (d) A designation of the level of detail of instruction as 21 appropriate for the grade level of pupils who receive the instruction. 22 3. The standards for social studies must include multicultural 23 education, including, without limitation, information relating to 24 contributions made by men and women from various racial and 25 ethnic backgrounds. The Council shall consult with members of the 26 community who represent the racial and ethnic diversity of this 27 State in developing such standards. 28 4. The Council shall establish standards of content and 29 performance for each grade level in kindergarten and grades 1 to 8, 30 inclusive, for English language arts and mathematics. The Council 31 shall establish standards of content and performance for the grade 32 levels selected by the Council for the other courses of study 33 prescribed in subsection 1. 34 5. The Council shall forward to the State Board the standards 35 of content and performance established by the Council for each 36 course of study. The State Board shall: 37 (a) Adopt the standards for each course of study, as submitted 38 by the Council; or 39 (b) If the State Board objects to the standards for a course of 40 study or a particular grade level for a course of study, return those 41 standards to the Council with a written explanation setting forth the 42 reason for the objection. 43 – 8 – - *AB348* 6. If the State Board returns to the Council the standards of 1 content and performance for a course of study or a grade level, the 2 Council shall: 3 (a) Consider the objection provided by the State Board and 4 determine whether to revise the standards based upon the objection; 5 and 6 (b) Return the standards or the revised standards, as applicable, 7 to the State Board. 8 ¬ The State Board shall adopt the standards of content and 9 performance or the revised standards, as applicable. 10 7. The Council shall work in cooperation with the State Board 11 to prescribe the examinations required by NRS 390.105. 12 8. As used in this section: 13 (a) “Computer contaminant” has the meaning ascribed to it in 14 NRS 205.4737. 15 (b) “Cyber-bullying” has the meaning ascribed to it in 16 NRS 388.123. 17 (c) “Electronic communication” has the meaning ascribed to it 18 in NRS 388.124. 19 Sec. 3. This act becomes effective on July 1, 2017. 20 H