GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1995

H	3 

HOUSE BILL 834
Committee Substitute Favorable 4/26/95
Third Edition Engrossed 5/3/95

Short Title:  Teach Abstinence Until Marriage.	(Public)

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Sponsors:

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Referred to:  

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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) reads as rewritten:
"(a2)	Instruction in the Prevention of Acquired Immune Deficiency Syndrome (AIDS) and Other Communicable Diseases to Be Offered.
(1)	Instruction in the prevention of Acquired Immune Deficiency Syndrome (AIDS) virus infection and other communicable diseases shall be offered in the public schools and shall be conducted under guidelines to be developed by the State Board of Education emphasizing parental involvement and abstinence from sex until marriage and from drugs.
(2)	The State Board of Education shall make available to all local school administrative units for review by the parents and legal guardians of students enrolled at that unit the State-developed curriculum and learning materials that pertain to or are intended to impart information or promote discussion or understanding in regard to the prevention of sexually transmitted diseases, including Acquired Immune Deficiency Syndrome (AIDS) or to the avoidance of out-of-wedlock pregnancy.  The review period shall extend for at least 60 days before use.
(3)	A local board of education may reject any or all of the State-developed curriculum that pertains to the prevention of sexually transmitted diseases, including Acquired Immune Deficiency Syndrome (AIDS), or to the avoidance of out-of-wedlock pregnancy.  The local board then must develop and implement a program, subject to the review period prescribed in subdivision (2) of this subsection.
(4)	Each school year, before students may participate in a program under this subsection, whether developed by the State or by the local board of education, the parents and legal guardians of those students shall receive an outline of the complete curriculum for the program, 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, copies of the complete curriculum and any learning materials may 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.  In addition, one parent or legal guardian of each student must provide written consent before that student may participate in the program.  This prior written consent is required each school year that the student participates in a program under this subsection.
(5)	Any program developed under this subsection shall use a directive method of instruction for the presentation of 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 until marriage 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 that offer contraceptives or abortion referral services.
(6)	Any instruction under this subsection that concerns 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.
(7)	Any instruction concerning Acquired Immune Deficiency Syndrome (AIDS) shall teach the importance of avoiding intravenous drug use.
(8)	Any instruction concerning the causes of sexually transmitted diseases, including Acquired Immune Deficiency Syndrome (AIDS), in cases where homosexual acts are a significant means of transmission, shall include the current legal status of those acts.
(9)	Any revisions to the curriculum or learning materials for a program under this subsection are subject to this subsection."
Sec. 2.  G.S. 115C-81(e) reads as rewritten:
"(e)	School Health Education Program to Be Developed and Administered.
(1)	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)	" The following terms apply in this subsection:
a.	'Comprehensive school health' includes the following subject matter:
1.	Mental and emotional health;
2.	Drug and alcohol abuse prevention;
3.	Nutrition;
4.	Dental health;
5.	Environmental health;
6.	Family living;
7.	Consumer health;
8.	Disease control;
9.	Growth and development;
10.	First aid and emergency care;
11.	Preventing sexually transmitted diseases, including Acquired Immune Deficiency Syndrome (AIDS) and out-of-wedlock pregnancy, as provided in subsection (a2) of this section;
12.	Abstinence until marriage education, as provided in subsection (h) of this section; and
13.	Bicycle safety in geographic areas where appropriate.
	'Comprehensive school health' does not include comprehensive sex education or subject matter intended to impart information or promote discussion or understanding in regard to sexual feelings.
b.	'Comprehensive school health education' includes instruction of the subject areas in sub-subdivision a. of this subsection, 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'.
c.	'Program' means a comprehensive school health education program developed and administered under this subsection.
(3)	The development and administration of this program shall be the responsibility of each local school administrative unit in the State that uses State funds for this program, a school health education coordinator who serves the local school administrative unit, the State Board of Education, 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.  The State Board shall approve these plans so long as they meet the Board's standards and the following guidelines:
a.	Where feasible, a school health coordinator should 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.
b.	All portions of the curriculum and all learning materials that pertain to or are intended to impart information or promote discussion or understanding in regard to the prevention of sexually transmitted diseases, including Acquired Immune Deficiency Syndrome (AIDS), and to the avoidance of out-of-wedlock pregnancy are subject to subsection (a2) of this section.
(4a)	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:
a.	The local school administrative unit conducts a public hearing, after adequately notifying the public of the hearing.
b.	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.
c.	The cost of the comprehensive sex education program, including learning materials and any staff training needed to teach the program, shall be funded from non-State funds.
d.	Any comprehensive sex education program authorized under this subdivision shall, when imparting information concerning methods for the prevention of sexually transmitted diseases, including Acquired Immune Deficiency Syndrome (AIDS), and for the avoidance of out-of-wedlock pregnancy meet the requirements of subsection (a2) of this section.
e.	Each school year, before a student may participate in any portion of a comprehensive sex education course authorized under this subdivision, the local school administrative unit shall receive the prior written consent from the parent or legal guardian of that student.
(4b)	Any teacher who knowingly uses, and any administrator who knowingly authorizes the use of, curriculum or learning materials that were not made available to parents and legal guardians or who allows a student to participate in a program without obtaining the prior written consent as required in subsections (a2) and (h) of this section and under subdivision (4a) of this subsection is subject to discipline under Article 22 of this Chapter.
(5)	The State Board of Education 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. 
(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 nominees 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, and two members 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 using a directive method of instruction shall be made available to every child in the public schools in appropriate grade levels as determined by each local board of education.  As used in this section, 'directive method of instruction' means instruction involving decision-making strategies, where the teacher gives clear guidelines in directing the students to choices that promote health, sexual abstinence until marriage, self-control, character, self-esteem, and maturity.
(2)	The State Board of Education shall evaluate abstinence until marriage curricula and their learning materials and shall develop and maintain a recommended list of one or more approved abstinence until marriage curricula.  The State Board may develop an abstinence until marriage program to include on the recommended list.  The State Board shall include on the recommended list only programs that include, in appropriate grades and classes, instruction that:
a.	Teaches that abstinence from sexual activity outside of marriage is the expected standard for all school-age children;
b.	Uses a directive method of instruction to present techniques and strategies to deal with peer pressure and offering positive reinforcement;
c.	Presents reasons, skills, and strategies for remaining or becoming abstinent from sexual activity;
d.	Teaches 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;
e.	Teaches 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
f.	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 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.  All portions of the curriculum and all learning materials that pertain to or are intended to impart information or promote discussion or understanding in regard to the prevention of sexually transmitted diseases, including Acquired Immune Deficiency Syndrome (AIDS), or to the avoidance of out-of-wedlock pregnancy are subject to subsection (a2) of this section.  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 State Board of Education shall not select or develop a program for inclusion on the recommended list that purports to be an abstinence until marriage program, but that does not include the positive benefits of abstinence until marriage and the risks of premarital sexual activity as the primary focus.
(3)	The State Board of Education 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 60 days before use.
(4)	Each local board of education shall determine whether to offer either an abstinence until marriage curriculum from the recommended list developed by the State Board of Education or any other abstinence until marriage program that complies with the provisions of this subsection.
(5)	Each school year, before a student may participate in a program under this subsection, the local school administrative unit shall receive the prior written consent from one parent or legal guardian of that student."
Sec. 4.  This act is effective upon ratification, and applies to curriculum and materials relating to the programs under this act that currently are being used in local school administrative units.