December 04, 2020
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       Florida Senate - 2010                (Corrected Copy)    SB 1502
       By Senators Smith, Deutch, Rich, and Joyner
       30-00248-10                                           20101502__
    1                        A bill to be entitled                      
    2         An act relating to education in public schools
    3         concerning human sexuality; providing a short title;
    4         providing definitions; requiring public schools that
    5         provide certain information or programs to students
    6         concerning human sexuality to provide information that
    7         meets specified criteria; providing an exemption for
    8         certain students; providing a process to review
    9         compliance with such requirement; authorizing parents
   10         and guardians to seek review of a school’s compliance;
   11         providing for school superintendents, district school
   12         boards, and the Commissioner of Education to review
   13         compliance and corrective actions; providing for
   14         severability; providing an effective date.
   16         WHEREAS, one in four teenage girls in the United States has
   17  a sexually transmitted disease according to the Centers for
   18  Disease Control and Prevention, and
   19         WHEREAS, Florida has the third highest rate of AIDS and
   20  fifth highest rate of HIV in the nation according to the Centers
   21  for Disease Control and Prevention, and
   22         WHEREAS, in 2007, persons under the age of 25 accounted for
   23  15 percent of new HIV infections in Florida, and
   24         WHEREAS, according to the Department of Health, youth
   25  accounted for 65.5 percent of new sexually transmitted disease
   26  infections in Florida in 2007, and
   27         WHEREAS, Florida has the sixth highest rate of teenage
   28  pregnancy in the nation according to the Guttmacher Institute,
   29  and
   30         WHEREAS, the Legislature recognizes that between 1991 and
   31  2004 there have been more than 354,000 births to teenagers in
   32  Florida, costing taxpayers a total of $8.1 billion over this
   33  period, according to the National Campaign to Prevent Teen and
   34  Unplanned Pregnancy, and
   35         WHEREAS, the Legislature recognizes that several recent
   36  studies have found abstinence-only programs to be ineffective,
   37  including a 2007 study that was commissioned by the Federal
   38  Government and conducted by Mathematica Policy Research Inc.,
   39  and
   40         WHEREAS, the federal budget for the 2010 fiscal year
   41  eliminates funding for abstinence-only programs and invests in
   42  medically accurate and age-appropriate prevention programs for
   43  teen pregnancy and sexually transmitted infections among
   44  adolescents which have been proven effective, and
   45         WHEREAS, Florida must prioritize state-based effective
   46  models and strategies for evidence-based teen pregnancy and
   47  disease prevention in order to be competitive for federal
   48  funding, NOW, THEREFORE,
   50  Be It Enacted by the Legislature of the State of Florida:
   52         Section 1. The Florida Healthy Teens Act.—
   53         (1) This section may be cited as the “Florida Healthy Teens
   54  Act.”
   55         (2)(a) Any public school that receives state funding
   56  directly or indirectly and that provides information, offers
   57  programs, or contracts with third parties to provide information
   58  or offer programs regarding family planning, pregnancy, or
   59  sexually transmitted infections, including HIV and AIDS, shall
   60  provide comprehensive, medically accurate, and factual
   61  information that is age-appropriate.
   62         (b)The parent or legal guardian of a student who attends a
   63  public school described in paragraph (a) may provide a written
   64  request to the school principal to exempt his or her child from
   65  instruction concerning reproductive health or sexually
   66  transmitted disease, including HIV/AIDS, in accordance with s.
   67  1003.42(3), Florida Statutes.
   68         (3) As used in this section, the term:
   69         (a) “Comprehensive information” means information that:
   70         1. Helps young people gain knowledge about the physical,
   71  biological, and hormonal changes of adolescence and subsequent
   72  stages of human maturation;
   73         2. Develops the knowledge and skills necessary to ensure
   74  and protect young people with respect to their sexual and
   75  reproductive health;
   76         3. Helps young people gain knowledge about responsible
   77  decisionmaking;
   78         4. Is appropriate for use with students of any race,
   79  gender, sexual orientation, and ethnic and cultural background;
   80         5. Develops healthy attitudes and values concerning growth,
   81  development, and body image;
   82         6. Encourages young people to practice healthy life skills,
   83  including goal setting, decisionmaking, negotiation, and
   84  communication;
   85         7. Promotes self-esteem and positive interpersonal skills,
   86  focusing on skills concerning human relationships and
   87  interactions, including platonic, romantic, intimate, and family
   88  relationships and interactions, and how to avoid abusive
   89  relationships and interactions;
   90         8. Teaches that abstinence is the only certain way to avoid
   91  pregnancy or sexually transmitted diseases; and
   92         9. Commences in the 6th grade and:
   93         a. Emphasizes the value of abstinence while not ignoring
   94  those adolescents who have had sexual intercourse and who
   95  thereafter may or may not remain sexually active;
   96         b. Helps young people gain knowledge about the specific
   97  involvement and responsibilities of sexual decisionmaking for
   98  both genders;
   99         c. Provides information about the health benefits and side
  100  effects of all contraceptives and barrier-protection methods as
  101  a means of preventing pregnancy and reducing the risk of
  102  contracting sexually transmitted infections, including HIV and
  103  AIDS;
  104         d. Encourages family communication about sexuality among
  105  parents, their children, and other adult household members;
  106         e. Teaches skills for making responsible decisions about
  107  sexuality, including how to avoid unwanted verbal, physical, and
  108  sexual advances and how to avoid making unwanted verbal,
  109  physical, and sexual advances; and
  110         f. Teaches how alcohol and drug use may affect responsible
  111  decisionmaking.
  112         (b) “Factual information” includes, but is not limited to,
  113  medical, psychiatric, psychological, empirical, and statistical
  114  statements.
  115         (c) “Medically accurate information” means information
  116  supported by the weight of research conducted in compliance with
  117  generally accepted scientific methods and recognized as accurate
  118  and objective by leading professional organizations and agencies
  119  having relevant expertise in the field.
  120         (4)(a) The parent or guardian of a student enrolled in a
  121  school that is subject to the requirements of subsection (2) who
  122  believes that the school is not complying with those
  123  requirements may file a complaint with the district school
  124  superintendent. Within 30 days after receipt of the complaint,
  125  the superintendent shall take any warranted corrective action
  126  and provide the complainant and the school principal with
  127  written notice of the corrective action, if any, which was
  128  taken.
  129         (b) A parent or guardian who is not satisfied with the
  130  district school superintendent’s response to the complaint may
  131  file an appeal with the district school board within 30 days
  132  after receiving the superintendent’s written notice of any
  133  corrective action or, if notice was not timely provided under
  134  paragraph (a), within 60 days after the date the complaint was
  135  filed with the superintendent. Within 30 days after receipt of
  136  an appeal under this paragraph, the school board shall take any
  137  warranted corrective action and provide the complainant and the
  138  superintendent with a written notice of what, if any, corrective
  139  action was taken.
  140         (c) A parent or guardian who is not satisfied with the
  141  district school board’s response to such an appeal may file an
  142  appeal with the Commissioner of Education within 30 days after
  143  receiving the district school board’s written notice of any
  144  corrective action or, if notice was not timely provided under
  145  paragraph (b), within 60 days after the appeal was filed with
  146  the school board. The Commissioner of Education shall
  147  investigate the claim and make a finding regarding compliance
  148  with subsection (2). Upon a finding of substantial
  149  noncompliance, the commissioner shall take corrective action,
  150  including, but not limited to, notifying the parents and
  151  guardians of all students enrolled in the school that the school
  152  is in violation of state law.
  153         Section 2. If any provision of this act or its application
  154  to any person or circumstance is held invalid, the invalidity
  155  does not affect the remaining provisions or applications of the
  156  act which can be given effect without the invalid provision or
  157  application, and to this end the provisions of this act are
  158  severable.
  159         Section 3. This act shall take effect July 1, 2010.

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