MISSISSIPPI LEGISLATURE

1998 Regular Session

To: Education

By: Representative Janus

AN ACT TO REQUIRE SCHOOL DISTRICTS TO IMPLEMENT CHARACTER-BASED EDUCATION IN THEIR CURRICULUM; TO REQUIRE COURSES CONTAINING SEX EDUCATION TO INCLUDE ABSTINENCE EDUCATION; TO REQUIRE SCHOOLS TO PROVIDE ADVANCE NOTICE TO PARENTS OF INSTRUCTION ON HUMAN SEXUALITY IN THEIR CHILD'S SCHOOL; TO REQUIRE UNMARRIED STUDENTS TO IDENTIFY THE FATHER OF THEIR CHILDREN IN ORDER TO RECEIVE GOVERNMENT ASSISTANCE; AND FOR RELATED PURPOSES. 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. The State Board of Education shall require each school district to implement a program of character-based education in the curriculum of the schools in that district. The character-based education may be taught as a separate program or may be incorporated into the existing courses in the curriculum taught in the schools.

SECTION 2. (1) For purposes of this section, abstinence education includes any type of instruction or program which, at an appropriate age:

(a) Teachers the social, psychological and health gains to be realized by abstaining from sexual activity, and the likely negative psychological and physical effects of not abstaining;

(b) Teaches the harmful consequences to the child, the child's parents and society that bearing children out of wedlock is likely to produce, including the health, educational, financial and other difficulties the child and his or her parents are likely to face, as well as the inappropriateness of the social and economic burden placed on others;

(c) Teaches that unwanted sexual advances are irresponsible and teaches how to reject sexual advances and how alcohol and drug use increases vulnerability to sexual advances;

(d) Teaches that abstinence from sexual activity before marriage, and fidelity within marriage, is the only certain way to avoid out of wedlock pregnancy, sexually-transmitted diseases and related health problems. The instruction or program may include a discussion on contraceptives, but only if such discussion includes a factual presentation of the risks (failure rates, diseases not protected against) of those contraceptives. In no case shall the instruction or program include any demonstration of how condoms or other contraceptives are applied;

(e) Teaches the current state law related to sexual conduct, including forcible rape, statutory rape, paternity establishment, child support and homosexual activity; and

(f) Teaches that a mutually faithful, monogamous relationship in the context of marriage is the only appropriate setting for sexual intercourse.

A program or instruction on abstinence need not include every component listed in this subsection; however, no program or instruction may include anything that contradicts the excluded components.

(2) Any course containing sex education offered in the public schools shall include instruction in abstinence education. However, the local school board may authorize, by affirmative vote of a majority of the members, the teaching of sex education without instruction on abstinence. In such event, the curriculum offered in the schools relating to sex education must be approved by a majority of the school board members.

(3) Local school districts, in their discretion, may host programs designed to teach parents how to discuss abstinence with their children.

SECTION 3. Each school providing instruction or any other presentation on human sexuality in the classroom, assembly or other official setting shall be required to provide no less than one (1) week's written notice thereof to the parents of children in such programs of instruction. The written notice must inform the parents of their right to request the exclusion of their child from such instruction or presentation. The notice also must inform the parents of the right, and the appropriate process, to review the curriculum and all materials to be used in the lesson or presentation. Upon the request of any parent, the school shall excuse the parent's child from such instruction or presentation, without detriment to the student.

SECTION 4. As a condition of receiving any government-provided financial assistance or benefit, an unmarried student who has given birth to a child must identify the father of the child. Both the mother and father of the child also must attend periodic sessions, which may be conducted in group settings, where they are instructed why and how to avoid a subsequent pregnancy. Married students shall have the option of attending such sessions.

SECTION 5. This act shall take effect and be in force from and after July 1, 1998.