A BILL TO BE ENTITLED
AN ACT to provide for abstinence until marriage and COMPREHENSIVE sexuality education programs in grades seven THROUGH nine.
The General Assembly of North Carolina enacts:
SECTION 1.  This act shall be known as the "Healthy Youth Act of 2009."
SECTION 2.  G.S. 115C‑81(e1)(1)l. reads as rewritten:
"l.	An abstinence until marriage program and an abstinence‑based comprehensive sexuality education program; and".
SECTION 3.  G.S. 115C‑81(e1)(3) is repealed.
SECTION 4.  G.S. 115C‑81(e1)(4) reads as rewritten:
"(4)	 Each local school administrative unit shall offer an abstinence until marriage program commencing in the seventh grade that includes the following instruction:
a.	Teaches that abstinence from sexual activity outside of marriage is the expected standard for all school‑age children;
b.	Presents 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 when transmitted through sexual contact, including HIV/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 HIV/AIDS;
f.	Teaches the positive benefits of abstinence until marriage and the risks of premarital sexual activity;
g.	Provides opportunities that allow for interaction between the parent or legal guardian and the student; and
h.	Provides factually accurate biological or pathological information that is related to the human reproductive system."
SECTION 5.  G.S. 115C‑81(e1) is amended by adding two new subdivisions to read:
"(4a)	Each local school administrative unit shall also offer an abstinence‑based comprehensive sexuality health education program commencing in the seventh grade that includes the following instruction:
a.	Teaches respect for marriage;
b.	Teaches that abstinence from sexual activity is the only certain way to prevent unintended pregnancy, reduce the risk of sexual transmission of diseases, including HIV/AIDS, and provide information about the value of abstinence;
c.	Teaches about sexually transmitted diseases. Instruction shall include how sexually transmitted diseases are and are not transmitted, the effectiveness and safety of all federal Food and Drug Administration (FDA)‑approved methods of reducing the risk of contracting sexually transmitted diseases, and information on local resources for testing and medical care for sexually transmitted diseases;
d.	Teaches about the effectiveness and safety of all FDA‑approved contraceptive methods in preventing pregnancy;
e.	Teaches functional knowledge and essential skills to promote and maintain healthy behaviors that value lifelong good health and avoidance of risky behaviors such as alcohol and drug abuse, intravenous drug abuse, and unprotected sexual activity;
f.	Teaches awareness of sexual assault, sexual abuse, and risk reduction. The instruction and materials shall:
1.	Focus on healthy relationships;
2.	Teach students what constitutes sexual assault and sexual abuse, the causes of those behaviors, and risk reduction;
3.	Inform students about resources and reporting procedures if they experience sexual assault or sexual abuse; and
4.	Examine common misconceptions and stereotypes about sexual assault and sexual abuse;
g.	Provides opportunities that allow for interaction between the parent or legal guardian and the student;
h.	Provides that materials used in instruction shall be age appropriate for use with students; and 
i.	Provides that information conveyed during the instruction shall be objective and based upon scientific research that is peer reviewed and accepted by professionals and credentialed experts in the field of sexual health education. 
(4b)	Each local school administrative unit shall (i) submit to all parents or guardians of students in grades seven through nine consent forms explaining the two available tracks, abstinence until marriage and abstinence‑based comprehensive sexuality health education, and explain that a parent or guardian may chose to have his or her child not enroll in either track, and (ii) ask that each parent or guardian select a track for his or her child and return the signed consent form to the school. The consent form shall contain a statement in bold print that if the signed form is not returned to the school, the student shall not be enrolled in either track and will receive no sexuality health education.  Each school board shall adopt a policy directing schools to notify parents or legal guardians who did not sign and return the consent form that the consent form has not been received and that their student will not be receiving any sexuality health education.  The policy shall direct that such notice be in writing and may be provided by certified mail, telefax, e-mail, or any other written method reasonably designed to achieve actual notice to the parent or legal guardian. Any parent or guardian may at any time withdraw his or her child from participation in either program. The school shall provide parents an opportunity to examine the curriculum for both options before requiring the parents to select an option."
SECTION 6.  G.S. 115C‑81(e1)(5) reads as rewritten:
"(5)	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 any State‑developed objectives for instruction, any approved textbooks, the list of reviewed materials, and any other State‑developed or approved 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 HIV/AIDS, to the avoidance of out‑of‑wedlock pregnancy, or to the abstinence until marriage curriculum or abstinence‑based comprehensive sexuality curriculum. The review period shall extend for at least 60 days before use."
SECTION 7.  G.S. 115C‑81(e1)(6) is repealed.
SECTION 8.  G.S. 115C‑81(e1)(7) reads as rewritten:
"(7)	Each school year, before students may participate in any portion of (i) a program that pertains to or is intended to impart information or promote discussion or understanding in regard to the prevention of sexually transmitted diseases, including  HIV/AIDS, or to the avoidance of out‑of‑wedlock pregnancy, (ii) an abstinence until marriage program, or (iii) an abstinence‑based comprehensive sexuality education program, whether developed by the State or by the local board of education, the parents and legal guardians of those students shall be given an opportunity to review the objectives and materials. Local boards of education shall adopt policies to provide opportunities either for parents and legal guardians to consent or for parents and legal guardians to withhold their consent to the students' participation in any or all of these programs."SECTION 9.  G.S. 115C‑81(e1) is amended by adding a new subdivision to read:
"(11)	Each local school administrative unit shall provide a comprehensive school health education program that meets all the requirements of this subsection and all the objectives established by the State Board. Each local board of education may expand on the subject areas to be included in the program and on the instructional objectives to be met."
SECTION 10.  This act is effective when it becomes law and applies beginning with the 2010‑2011 school year.