GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1995

H	1 

HOUSE BILL 834

Short Title:  Teach Abstinence Until Marriage.	(Public)

─────────────────────────────────────── 
Sponsors: Representatives Hayes, Warner; Aldridge, Baker, Barbee, Berry, Brawley, J. Brown, Buchanan, Cansler, Capps, Carpenter, Cocklereece, Culp, Cummings, Davis, Decker, Dockham, Eddins, Edwards, Ellis, Gardner, Hiatt, Hill, Howard, Justus, Linney, McMahan, K. Miller, Miner, Pate, Rayfield, Reynolds, Robinson, Russell, Sexton, Sherrill, Shubert, Thompson, Watson, Weatherly, C. Wilson, G. Wilson, and Yongue.

─────────────────────────────────────── 
Referred to:  Education.

─────────────────────────────────────── 

April 11, 1995

A BILL TO BE ENTITLED
AN ACT  (1) TO PROVIDE FOR PARENTAL REVIEW OF AND TO PLACE CERTAIN RESTRICTIONS ON ANY INSTRUCTION ON SEXUALLY TRANSMITTED DISEASES OR OUT-OF-WEDLOCK PREGNANCY GIVEN AS PART OF A COMPREHENSIVE SCHOOL HEALTH PROGRAM;  (2) TO MAKE CHANGES TO THE APPOINTMENTS TO THE STATE SCHOOL HEALTH ADVISORY COMMITTEE;  (3) TO REQUIRE PUBLIC SCHOOLS TO OFFER AN ABSTINENCE UNTIL MARRIAGE PROGRAM; AND  (4) TO AUTHORIZE LOCAL SCHOOL BOARDS TO OFFER COMPREHENSIVE SEX EDUCATION WHEN CERTAIN REQUIREMENTS CONCERNING REVIEW AND LOCAL APPROVAL ARE SATISFIED.
Whereas, parents have the primary responsibility for providing for the health and well-being of their children and the State should not abridge this responsibility; and
Whereas, parents have the primary responsibility for instilling values, ethics, and character in their children, and the State should not abridge this responsibility; and
Whereas, parents have the primary responsibility for educating their children in all areas, including the area of sexuality, and the State should not abridge this responsibility; Now, therefore,
The General Assembly of North Carolina enacts:
Section 1.  G.S. 115C-81(a2) is repealed.
Sec. 2.  G.S. 115C-81(e) reads as rewritten:
"(e)	School Health Education Program to Be Developed and Administered.
(1)	Subject to the provisions of subdivision (5b) of this subsection, a comprehensive school health education program shall be developed and taught to pupils of the public schools of this State from kindergarten through ninth grade.
(2)	As used above, 'comprehensive school health' includes the subject matter of mental and emotional health, drug and alcohol abuse prevention, nutrition, dental health, environmental health, family living, consumer health, disease control, growth and development, first aid and emergency care, and any like subject matter. 'Comprehensive school health' includes subject matter intended to impart information or promote discussion or understanding in regard to sexually transmitted diseases, including Acquired Immune Deficiency Syndrome (AIDS), or avoiding out-of-wedlock pregnancy, regardless of whether this instruction is described as, or incorporated into a description of, 'family life education', 'family health education', 'health education', 'family living', 'health', 'healthful living curriculum', or 'self esteem'. 'Comprehensive school health' also includes the subject matter of bicycle safety in geographical areas where appropriate.  'Comprehensive school health' does not include subject matter on comprehensive sex education or abstinence until marriage education.  'Comprehensive school health' does not include subject matter intended to impart information or promote discussion or understanding in regard to sexual feelings or sexual values, which subject matter is subject to the provisions of subsection (h) of this section or G.S. 115C-81.2.
(3)	The development and administration of this program shall be the responsibility of each local school administrative unit in the State that receives an allocation of State funds for a school health coordinator, a school health education coordinator who serves the local school administrative unit, the Department of Public Instruction, and a State School Health Education Advisory Committee.
(4)	Each existing local school administrative unit is eligible to develop and submit a plan for a comprehensive school health education program which shall meet all standards established by the State Board of Education, and to apply for funds to execute such plans.
		The State Board of Education shall designate an impartial panel to review health education program plans submitted by local school administrative units. Based on the panel's evaluation of the plans, the State Board of Education shall allocate the State-funded school health coordinators. Where feasible, a school health coordinator shall serve more than one local school administrative unit.
		Each person initially employed as a State-funded school health coordinator after June 30, 1987, shall have a degree in health education, including training in the components and use of an abstinence until marriage curriculum.
(5)	The Department of Public Instruction shall supervise the development and operation of a statewide comprehensive school health education program including curriculum development, in-service training provision and promotion of collegiate training, learning material review, and assessment and evaluation of local programs in the same manner as for other programs. It is the intent of this legislation that a specific position or positions in the Department of Public Instruction shall be assigned responsibilities as set forth in this subsection.
(5a)	The Department of Public Instruction shall make available to all local school administrative units for review by the parents and legal guardians of students enrolled at that unit that portion of the curriculum for the statewide comprehensive school health education program and the learning materials that pertain to or are intended to impart information or promote discussion or understanding in regard to sexually transmitted diseases, including Acquired Immune Deficiency Syndrome (AIDS), or avoiding out-of-wedlock pregnancy.  The review period shall extend for at least 60 days.
(5b)	The local board of education may prohibit the teaching in their respective local school administrative units all or part of that portion of the curriculum for the statewide comprehensive school health education program and the learning materials that pertain to or are intended to impart information or promote discussion or understanding in regard to sexually transmitted diseases, including Acquired Immune Deficiency Syndrome (AIDS), or avoiding out-of-wedlock pregnancy based on disapproval by the parents and legal guardians during the review period under subdivision (5a) of this subsection.
(5c)	Prior to a student's enrollment in a course within the comprehensive school health education program when that course is intended to impart information or promote discussion or understanding in regard to sexually transmitted diseases, including Acquired Immune Deficiency Syndrome (AIDS), or avoiding out-of-wedlock pregnancy, the parents and legal guardians of students in that grade level shall receive an outline of the complete curriculum for that course, including information as to how parents and legal guardians can review a copy of the learning materials, including a list of speakers, any video and audio tapes, films, slides, handouts, books, pamphlets, and teacher materials.  Upon request, this curriculum outline and copies of learning materials shall be made available to the parents and legal guardians to borrow for overnight review off school property.  A local school administrative unit shall retain sufficient copies of the curriculum outline and learning materials to allow parental review on school property to continue.
(5d)	Prior to a student's enrollment in a course within the comprehensive school health education program when that course is intended to impart information or promote discussion or understanding in regard to sexually transmitted diseases, including Acquired Immune Deficiency Syndrome (AIDS), or avoiding out-of-wedlock pregnancy, but after the review by parents and legal guardians under subdivision (5c) of this subsection, a local school administrative unit shall receive the prior written consent from the parent or legal guardian of that student.
(5e)	Those portions of the comprehensive school health education program that are intended to impart information or promote discussion or understanding in regard to sexually transmitted diseases, including Acquired Immune Deficiency Syndrome (AIDS), or avoiding out-of-wedlock pregnancy, shall present techniques and strategies to deal with peer pressure and to offer positive reinforcement and shall teach reasons, skills, and strategies for remaining or becoming abstinent from sexual activity; for appropriate grade levels and classes, shall teach that abstinence from sexual activity is the only certain means of avoiding out-of-wedlock pregnancy, sexually transmitted diseases, and other associated health and emotional problems, and that a mutually faithful monogamous heterosexual relationship in the context of marriage is the best lifelong means of avoiding diseases transmitted by sexual contact, including Acquired Immune Deficiency Syndrome (AIDS); and shall teach the positive benefits of abstinence until marriage and the risks of premarital sexual activity.  Without parental consent, students shall not receive any instruction as to the availability of health services provided by any community agencies that offer contraceptives or abortion referral services.  Any instruction concerning the use of contraceptives or prophylactics shall emphasize information on their failure rates for preventing pregnancy and sexually transmitted diseases, including Acquired Immune Deficiency Syndrome (AIDS), in actual use among adolescent populations and shall explain clearly the difference between risk reduction and risk elimination through abstinence.  The demonstration or distribution of contraceptives, including condoms and other devices, shall not take place on school property.  Contraceptives, including condoms and other devices, shall not be made available on school property.  Any instruction concerning Acquired Immune Deficiency Syndrome (AIDS) shall teach the importance of avoiding intravenous drug use.
(5f)	Any teacher who uses, and any administrator who authorizes the use of curriculum or learning materials that were not made available to parents and legal guardians under subdivision (5a) of this subsection or who enrolls a student without obtaining written consent under subdivision (5d) of this subsection is subject to discipline pursuant to Article 22 of this Chapter.
(5g)	Any revisions to that portion of the curriculum for the statewide comprehensive school health education program and the learning materials that pertain to or are intended to impart information or promote discussion or understanding in regard to sexually transmitted diseases, including Acquired Immune Deficiency Syndrome (AIDS), or avoiding out-of-wedlock pregnancy, shall be subject to the provisions of subdivisions (5a) through (5f) of this subsection.  No later than September 1, 1995, this type of curriculum or materials that are already in use without having been reviewed by parents and legal guardians shall be subject to the provisions of subdivisions (5a) through (5f) of this subsection.
(6)	A State School Health Advisory Committee is hereby established.
a.	The committee shall provide citizen input into the operations of the program, report annually to the State Board of Education on progress in accomplishing the provisions and intent of this legislation, provide advice to the department with regard to its duties under this subsection, and encourage development of higher education programs which would benefit health education in the public schools.
b.	The committee shall meet as necessary but at least twice annually. It shall select annually a chairperson from among its own membership, each member having an equal vote and the chairperson shall appoint such subcommittees as may be necessary. Members of the committee shall serve without compensation; however, they shall be reimbursed by the Department of Public Instruction for travel and other expenses incurred in the performance of their duties as members of the committee, to the extent that funds are appropriated for this purpose.
c.	The committee shall consist of 17 members: four appointed by the Governor, two by the State Board of Education, four by the Speaker of the House of Representatives, four by the President Pro Tempore of the Senate, and three ex officio members: the Chief, Office of Health Education, Department of Environment, Health, and Natural Resources; the Chief, State Health Planning Commission, Department of Human Resources; and the Superintendent of Public Instruction, or their designees. The Governor's appointees shall be named in the following manner: one family physician for a term beginning July 1, 1996; and one dentist, one registered nurse, and one county public health official, each for a term beginning July 1, 1997. The State Board nominees shall be named in the following manner: one representative from the North Carolina Alliance for Physical Education, Recreation and Dance for a term beginning July 1, 1995, and one representative from the North Carolina College Conference on Professional Preparation in Health and Physical Education for a term beginning July 1, 1997. The Speaker's nominee shall be named in the following manner: one pediatrician for a term beginning July 1, 1995, and one local school system health education coordinator, one local school board member, and one member at large, each for a term beginning July 1, 1996.  The President Pro Tempore's nominees shall be named in the following manner: one representative of the North Carolina High School Athletic Association, one member of the North Carolina Family Policy Council, and one member at large, each for a term beginning July 1, 1996, and one representative of a local school system parents and teachers organization for a term beginning July 1, 1997.
d.	The appointed members of the advisory committee shall serve for a term of three years. Appointed members may be reappointed up to a maximum of nine years of service. Vacancies shall be filled in the same manner as original appointments for the balance of the unexpired term."
Sec. 3.  G.S. 115C-81 is amended by adding a new subsection to read:
"( h)	Abstinence Until Marriage Program to Be Developed and Administered.
(1)	An abstinence until marriage program shall be made available to every child in the public schools in appropriate grade levels as determined by each local board of education.
(2)	The Department of Public Instruction shall evaluate abstinence until marriage curricula and their learning materials and develop and maintain a recommended list of one or more approved abstinence until marriage curricula.  The Department of Public Instruction may develop an abstinence until marriage program to include on the recommended list, which program shall use a directive model of instruction.  The Department of Public Instruction shall include on the recommended list only programs that include, in appropriate grades and classes, instruction that abstinence from sexual activity outside of marriage is the expected standard for all school-age children; instruction presenting techniques and strategies to deal with peer pressure and offering positive reinforcement; instruction presenting reasons, skills, and strategies for remaining or becoming abstinent from sexual activity; instruction that abstinence from sexual activity is the only certain means of avoiding out-of-wedlock pregnancy, sexually transmitted diseases, including Acquired Immune Deficiency Syndrome (AIDS), and other associated health and emotional problems; instruction that a mutually faithful monogamous heterosexual relationship in the context of marriage is the best lifelong means of avoiding sexually transmitted diseases, including Acquired Immune Deficiency Syndrome (AIDS); and instruction that teaches the positive benefits of abstinence until marriage and the risks of premarital sexual activity.  Without parental consent, students shall not receive any instruction as to the availability of health services provided by any community agencies that offer contraceptives or abortion referral services.  Any instruction concerning the use of contraceptives or prophylactics shall emphasize information on their failure rates for preventing pregnancy and sexually transmitted diseases, including Acquired Immune Deficiency Syndrome (AIDS), in actual use among adolescent populations and shall explain clearly the difference between risk reduction and risk elimination through abstinence.  The distribution or demonstration of contraceptives, including condoms and other devices, shall not take place on school property.  Contraceptives, including condoms and other devices, shall not be made available on school property.  Any instruction concerning Acquired Immune Deficiency Syndrome (AIDS) shall teach the importance of avoiding intravenous drug use.  Each session of an approved abstinence until marriage curricula shall provide for homework assignments that allow for interaction between the parent or legal guardian and the student.  The Department of Public Instruction shall not select or develop a program for inclusion on the recommended list that purports to be an abstinence until marriage program, but does not include the positive benefits of abstinence until marriage and the risks of premarital sexual activity as the primary focus.
(3)	The Department of Public Instruction shall make available to all local school administrative units for review by the parents and legal guardians of students enrolled at that unit the curriculum and learning materials, including a list of speakers, any video and audio tapes, films, slides, handouts, books, pamphlets, and teacher materials, of all curricula on the recommended list under subdivision (2) of this subsection that the local school administrative unit or the local board of education requests to review.  The review period shall extend for at least 30 days.  The local board of education shall select to offer at their respective local school administrative units either an abstinence until marriage curriculum from the recommended list under subdivision (2) of this subsection or select any other abstinence until marriage program that complies with the provisions of this subsection and has received the same level of parental review under this subdivision as the abstinence until marriage programs made available by the Department of Public Instruction.
(4)	Prior to a student's enrollment in an abstinence until marriage course, a local school administrative unit shall receive the prior written consent from the parent or legal guardian of that student.
(5)	Any teacher who uses, and any administrator who authorizes the use of curriculum or learning materials that were not made available to the parents and legal guardians under subdivision (3) of this subsection or who enrolls a student without obtaining written consent under subdivision (4) of this subsection is subject to discipline pursuant to Article 22 of this Chapter."
Sec. 4.  Part 1 of Article 8 of Chapter 115C of the General Statutes is amended by adding two new sections to read:
"§ 115C-81.2.  Local board may authorize comprehensive sex education program.
(a)	On its own initiative or upon the written request of parents or legal guardians of students, a local board of education may develop and implement a comprehensive sex education program for that local school administrative unit only if all of the following requirements are satisfied:
(1)	The local school administrative unit conducts a public hearing, after adequately notifying the public of the hearing.
(2)	At the public hearing, the proposed comprehensive sex education program is presented and all learning materials, including a list of speakers, any video and audio tapes, films, slides, handouts, books, pamphlets, and teacher materials, are made available for review by the public and remain available for review by the public for a period of 60 days after the public hearing.
(3)	Within 60 days of the hearing, a majority of parents of students in grades the course is to be taught in that local school administrative unit sign a petition requesting that the comprehensive sex education program presented at the public hearing be offered in the public schools within that local school administrative unit.
(4)	The cost of the comprehensive sex education program, including learning materials and any staff training needed to teach the program, are fully funded from non-State funds.
(b)	Any comprehensive sex education program authorized under this section shall, when imparting information concerning methods for the prevention of sexually transmitted diseases, including Acquired Immune Deficiency Syndrome (AIDS), state clearly that abstinence from sexual activity is the only completely reliable means of eliminating the sexual transmission of sexually transmitted diseases and of avoiding pregnancy and that a mutually faithful monogamous heterosexual relationship in the context of marriage is the best lifelong means of avoiding diseases transmitted by sexual contact, including Acquired Immune Deficiency Syndrome (AIDS).  Any comprehensive sex education program under this section shall present techniques and strategies to deal with peer pressure and to offer positive reinforcement and shall teach reasons, skills, and strategies for remaining or becoming abstinent from sexual activity.  Any instruction concerning the use of contraceptives or prophylactics shall emphasize information on their failure rates for preventing pregnancy and sexually transmitted diseases, including Acquired Immune Deficiency Syndrome (AIDS), in actual use among adolescent populations and shall explain clearly the difference between risk reduction and risk elimination through abstinence.  The distribution or demonstration of contraceptives, including condoms and other devices, shall not take place on school property.  Contraceptives, including condoms and other devices, shall not be made available on school property.  Any instruction concerning Acquired Immune Deficiency Syndrome (AIDS) shall teach the importance of avoiding intravenous drug use.
(c)	Prior to a student's enrollment in a comprehensive sex education course, a local school administrative unit shall receive the prior written consent from the parent or legal guardian of that student.
(d)	Any teacher who uses, and any administrator who authorizes the use of, curriculum or learning materials that were not made available to the public at the public hearing under subsection (a) of this section or who enrolls a student without obtaining the written consent under subsection (c) of this section is subject to discipline pursuant to Article 22 of this Chapter.
"§ 115C-81.3.  Evaluation of programs that have a sex education component.
(a)	The portions of the curriculum for the statewide comprehensive school health education program that pertain to or are intended to impart information or promote discussion or understanding in regard to sexually transmitted diseases, including Acquired Immune Deficiency Syndrome (AIDS), or avoiding out-of-wedlock pregnancy, that are being used by any local school administrative unit pursuant to G.S. 115C-81(e); each abstinence until marriage program adopted pursuant to G.S. 115C-81(h) by any local school administrative unit; and each comprehensive sex education program adopted pursuant to G.S. 115C-81.2 by any local school administrative unit shall be subjected to a uniform system of evaluation by a qualified evaluator from a medical school at a university located in this State for the purposes of evaluating the effectiveness of the program and the program's compliance with the provisions of G.S. 115C-81(e), 115C-81(h), or 115C-81.2, respectively.
(b)	The evaluation process shall include distributing to students and reviewing questionnaires to elicit information to determine the number of students enrolled in each type of program subject to evaluation under subsection (a) of this section, the number of students who are not enrolled in any such program, the rates of repeated sexual activity for each group, the number of students who are abstaining from sexual activity and their reasons, and the well-being of students in each group.  The evaluation shall analyze the questionnaires and shall address other factors that are relevant to the administration and evaluation of the programs subject to evaluation under subsection (a) of this section.  The student questionnaire and the evaluation shall be approved by the State School Health Advisory Committee prior to their administration."
Sec. 5.  This act is effective upon ratification.