Florida Senate - 2011                                    SB 1648
       
       
       
       By Senator Margolis
       
       
       
       
       35-01458A-11                                          20111648__
    1                        A bill to be entitled                      
    2         An act relating to required instruction in the public
    3         schools; amending s. 1003.46, F.S.; requiring each
    4         district school board to provide and each high school
    5         student to complete specified coursework in human
    6         sexuality; defining the term “medically accurate
    7         information”; requiring the coursework to be developed
    8         by the Department of Education with input from
    9         teachers, school administrators, students, parents,
   10         and medical professionals; requiring the availability
   11         of resource packets containing course content;
   12         revising the contents of authorized instruction;
   13         authorizing exemption from instruction; amending s.
   14         1002.20, F.S.; conforming a cross-reference; providing
   15         an effective date.
   16  
   17  Be It Enacted by the Legislature of the State of Florida:
   18  
   19         Section 1. Section 1003.46, Florida Statutes, is amended to
   20  read:
   21         1003.46 Health education; instruction in human sexuality
   22  and acquired immune deficiency syndrome.—
   23         (1)(a) Each district school board shall provide and each
   24  high school student must complete a 1-week course in human
   25  sexuality during each of the 4 years of high school. The 1-week
   26  course shall include medically accurate information and focus on
   27  the following issues:
   28         1. Abstinence.
   29         2. Contraception.
   30         3. Sexually transmitted diseases, including definitions,
   31  symptoms, methods of transmittal, risk factors, and means to
   32  control the spread of the diseases.
   33         4. Teen pregnancies.
   34         (b) For the purposes of this section, “medically accurate
   35  information” means information supported by the weight of
   36  research conducted in compliance with generally accepted
   37  scientific methods and recognized as accurate and objective by
   38  leading professional organizations and agencies having relevant
   39  expertise in the field.
   40         (c) The coursework shall be developed by the Department of
   41  Education with input from teachers, school administrators,
   42  students, parents, and professionals from the medical field and
   43  shall be taught in a uniform method by each school district. The
   44  coursework shall inform the students of the availability of
   45  information through local and statewide support networks and web
   46  portals.
   47         (d) The content of the course in human sexuality shall be
   48  available in a resource packet which must be provided by the
   49  school guidance counselor to a student upon request. A resource
   50  packet may be given to a student only after the guidance
   51  counselor has informed the student of its contents.
   52         (2)(1)In addition to the coursework required under
   53  subsection (1), each district school board may provide to all
   54  public school students instruction in acquired immune deficiency
   55  syndrome education as a specific area of health education. Such
   56  instruction may include, but is not limited to, the known modes
   57  of transmission, signs and symptoms, risk factors associated
   58  with acquired immune deficiency syndrome, and means used to
   59  control the spread of acquired immune deficiency syndrome. The
   60  instruction shall be appropriate for the grade and age of the
   61  student and shall reflect current theory, knowledge, and
   62  practice regarding acquired immune deficiency syndrome and its
   63  prevention.
   64         (2) Throughout instruction in acquired immune deficiency
   65  syndrome, sexually transmitted diseases, or health education
   66  which, when such instruction and course material contains
   67  instruction in human sexuality. If, a school provides
   68  instruction pursuant to this subsection, the school shall:
   69         (a) Teach abstinence from sexual activity outside of
   70  marriage as the expected standard for all school-age students
   71  while teaching the benefits of monogamous heterosexual marriage.
   72         (a)(b) Emphasize that abstinence from sexual activity is a
   73  certain way to avoid unintended out-of-wedlock pregnancy,
   74  sexually transmitted diseases, including acquired immune
   75  deficiency syndrome, and other associated health problems.
   76         (b)(c) Teach that each student has the power to control
   77  personal behavior and encourage students to base actions on
   78  reasoning, self-esteem, and respect for others.
   79         (c)(d) Provide instruction and material that is medically
   80  and factually accurate and appropriate for the grade and age of
   81  the student.
   82         (3) Any student whose parent makes written request to the
   83  school principal shall be exempted from the teaching of human
   84  sexuality or sexually transmitted diseases. A student so
   85  exempted may not be penalized by reason of that exemption.
   86         Section 2. Paragraph (d) of subsection (3) of section
   87  1002.20, Florida Statutes, is amended to read:
   88         1002.20 K-12 student and parent rights.—Parents of public
   89  school students must receive accurate and timely information
   90  regarding their child’s academic progress and must be informed
   91  of ways they can help their child to succeed in school. K-12
   92  students and their parents are afforded numerous statutory
   93  rights including, but not limited to, the following:
   94         (3) HEALTH ISSUES.—
   95         (d) Reproductive health and disease education.—A public
   96  school student whose parent makes written request to the school
   97  principal shall be exempted from the teaching of reproductive
   98  health or any disease, including HIV/AIDS, in accordance with
   99  the provisions of ss. s. 1003.42(3) and 1003.46(3).
  100         Section 3. This act shall take effect July 1, 2011.