MISSISSIPPI LEGISLATURE
2009 Regular Session
To: Education; Public Health and Human Services
By: Representatives Clarke, Mayo, Hines, Buck (72nd)
AN ACT TO REQUIRE THE STATE BOARD OF EDUCATION, ACTING JOINTLY WITH THE STATE BOARD OF HEALTH, TO ESTABLISH A COMPREHENSIVE SEX EDUCATION PILOT PROGRAM; TO REQUIRE THE STATE DEPARTMENT OF EDUCATION AND THE STATE DEPARTMENT OF HEALTH TO DETERMINE THE GRADE OR GRADES IN WHICH THE PILOT PROGRAM WILL BE IMPLEMENTED; TO REQUIRE THE STATE DEPARTMENT OF EDUCATION TO SELECT SCHOOL DISTRICTS FOR PARTICIPATION IN THE PROGRAM; TO REQUIRE THE DEPARTMENT OF EDUCATION AND THE DEPARTMENT OF HEALTH AND HUMAN SERVICES TO DEVELOP CERTAIN PROGRAMS AND STRATEGIES PROMOTING PREGNANCY PREVENTION AND PROVIDING INFORMATION ON THE CONSEQUENCES OF UNPROTECTED, UNINFORMED AND UNDERAGE SEXUAL ACTIVITY; TO PROVIDE THAT NO STUDENT SHALL BE REQUIRED TO PARTICIPATE IN ANY CLASS OR COURSE IN THE PILOT PROGRAM IF THE STUDENT'S PARENT OR GUARDIAN SUBMITS WRITTEN OBJECTION TO THAT PARTICIPATION; TO REQUIRE THE STATE DEPARTMENT OF EDUCATION, WITH THE INPUT OF THE STATE DEPARTMENT OF HEALTH, TO SUBMIT A REPORT ON THE PILOT PROGRAM TO THE CHAIRMEN OF CERTAIN LEGISLATIVE COMMITTEES BEFORE JANUARY 1, 2012; TO AMEND SECTIONS 41-79-5 AND 37-14-3, MISSISSIPPI CODE OF 1972, IN CONFORMITY WITH THE PROVISIONS OF THIS ACT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) The State Board of Education, acting jointly with the State Board of Health, shall establish and implement a sex education pilot program aimed at reducing the incidence of teenage pregnancy in the State of Mississippi.
(2) The State Department of Education, acting jointly with the State Department of Health, shall analyze all data available to both departments to determine in which grade or grades students would be impacted most positively by the comprehensive sex education pilot program. The course of study in the pilot program must be age appropriate based on the developmental and maturity level of the students in the grade or grades in which the program is implemented.
(3) The State Department of Education shall select school districts in which the comprehensive sex education pilot program will be implemented. In making the selection, the department shall identify those school districts having the highest numbers of pregnancies among students and shall consider other appropriate factors including, but not necessarily limited to, each school district's: dropout rate; urban or rural nature; geographical location; demographic profile; and state accreditation level. The department shall give preference to any school district that expresses a desire to participate in the pilot program and shall make its selection before July 1, 2009.
(4) The comprehensive sex education pilot program will be implemented in those school districts selected for participation in the program in the 2009-2010 school year. The program will be continued in the same school districts during the 2010-2011 and 2011-2012 school years.
(5) The Mississippi Department of Education shall develop programs with the following strategies:
(a) To carry out activities, including counseling, to prevent unintended pregnancy and sexually transmitted infections, including HIV/AIDS, among teens;
(b) To provide necessary social and cultural support services regarding teen pregnancy;
(c) To provide health and educational services related to the prevention of unintended pregnancy and sexually transmitted infections, including HIV/AIDS, among teens;
(d) To promote better health and educational outcomes among pregnant teens;
(e) To provide training for individuals who plan to work in school-based support programs regarding the prevention of unintended pregnancy and sexually transmitted infections, including HIV/AIDS, among teens; and
(f) To provide sex education as part of the curriculum instruction in the sex education pilot program in addition to curriculum otherwise required to be taught by law or the State Board of Education to be taught in the public schools of this state.
(6) It shall be the responsibility of school nurses employed by local school districts implementing the program developed by the State Department of Education under subsection (5) of this section to carry out the functions of those strategies to promote consistency in the administration of the program.
(7) Before January 1, 2012, the State Department of Education, after consultation with the State Department of Health, shall submit a report to the Chairmen of the Education Committees of the House and Senate, the House Public Health and Human Services Committee and the Senate Public Health and Welfare Committee on the results of the sex education pilot program. The report must include comparative data on the numbers of pregnancies among students in the participating school districts before and during each year of the pilot program. The report also must include a recommendation on whether or not the sex education pilot program should be implemented on a permanent basis in all or certain school districts of the state.
SECTION 2. The Mississippi Department of Human Services shall develop programs to accomplish the purpose of one or more of the following strategies:
(a) Promoting effective communication among families about preventing teen pregnancy, particularly communication among parents or guardians and their children;
(b) Educating community members about the consequences of teen pregnancy;
(c) Encouraging young people to postpone sexual activity and prepare for a healthy, successful adulthood, including by teaching them skills to avoid making or receiving unwanted verbal, physical and sexual advances;
(d) At all times when sex education is discussed or taught, boys and girls shall be separated into different classrooms and no sex education instruction shall be conducted when boys and girls are in the company of one another.
(e) Providing information about the health benefits and side effects of all contraceptives and barrier methods as a means to prevent pregnancy and reduce the risk of contracting sexually transmitted infections, including HIV/AIDS; or
(f) Providing educational information, including medically accurate information about the health benefits and side effects of all contraceptives and barrier methods, for young people in such communities who are already sexually active or are at risk of becoming sexually active and inform young people in such communities about the responsibilities and consequences of being a parent, and how early pregnancy and parenthood can interfere with educational and other goals.
(g) There shall be no effort to teach that abortion can be used to prevent the birth of a baby.
SECTION 3. No student shall be required to take or participate in any class or course in sex education unless the student's parent or guardian submits written request to that participation in a manner consistent with notice required of schools under Section 37-13-173, informing the parent or guardian of the right to exclude their child from participation. Objection and refusal to take or participate in the course or program shall be without detriment to the student for suspension or expulsion. Each class or course in sex education offered in any of Grades K through 12 shall include instruction on the prevention of sexually transmitted infections, including the prevention, transmission and spread of HIV. Nothing in this section prohibits instruction in sanitation, hygiene or traditional courses in biology.
SECTION 4. Section 41-79-5, Mississippi Code of 1972, is amended as follows:
41-79-5. (1) There is hereby established within the State Department of Health a school nurse intervention program, available to all public school districts in the state.
(2) By the school year 1998-1999, each public school district shall have employed a school nurse, to be known as a Health Service Coordinator, pursuant to the school nurse intervention program prescribed under this section. The school nurse intervention program shall offer any of the following specific preventive services, and other additional services appropriate to each grade level and the age and maturity of the pupils:
(a) Reproductive health education and referral to prevent teen pregnancy and sexually transmitted diseases, which education shall include abstinence;
(b) Child abuse and neglect identification;
(c) Hearing and vision screening to detect problems which can lead to serious sensory losses and behavioral and academic problems;
(d) Alcohol, tobacco and drug abuse education to reduce abuse of these substances;
(e) Scoliosis screening to detect this condition so that costly and painful surgery and lifelong disability can be prevented;
(f) Coordination of services for handicapped children to ensure that these children receive appropriate medical assistance and are able to remain in public school;
(g) Nutrition education and counseling to prevent obesity and/or other eating disorders which may lead to life-threatening conditions, for example, hypertension;
(h) Early detection and treatment of head lice to prevent the spread of the parasite and to reduce absenteeism;
(i) Emergency treatment of injury and illness to include controlling bleeding, managing fractures, bruises or contusions and cardiopulmonary resuscitation (CPR);
(j) Applying appropriate theory as the basis for decision making in nursing practice;
(k) Establishing and maintaining a comprehensive school health program;
(l) Developing individualized health plans;
(m) Assessing, planning, implementing and evaluating programs and other school health activities, in collaboration with other professionals;
(n) Providing health education to assist students, families and groups to achieve optimal levels of wellness;
(o) Participating in peer review and other means of evaluation to assure quality of nursing care provided for students and assuming responsibility for continuing education and professional development for self while contributing to the professional growth of others;
(p) Participating with other key members of the community responsible for assessing, planning, implementing and evaluating school health services and community services that include the broad continuum or promotion of primary, secondary and tertiary prevention; * * *
(q) Contributing to nursing and school health through innovations in theory and practice and participation in research; and
(r) Carrying out the functions of those strategies implemented in the program developed by the Department of Education under Section 1 of this act.
(3) Public school nurses shall be specifically prohibited from providing abortion counseling to any student or referring any student to abortion counseling or abortion clinics. Any violation of this subsection shall disqualify the school district employing such public school nurse from receiving any state administered funds under this section.
(4) Repealed.
(5) Beginning with the 1997-1998 school year, to the extent that federal or state funds are available therefor and pursuant to appropriation therefor by the Legislature, in addition to the school nurse intervention program funds administered under subsection (4), the State Department of Health shall establish and implement a Prevention of Teen Pregnancy Pilot Program to be located in the public school districts with the highest numbers of teen pregnancies. The Teen Pregnancy Pilot Program shall provide the following education services directly through public school nurses in the pilot school districts: health education sessions in local schools, where contracted for or invited to provide, which target issues including reproductive health, teen pregnancy prevention and sexually transmitted diseases, including syphilis, HIV and AIDS. When these services are provided by a school nurse, training and counseling on abstinence shall be included.
(6) In addition to the school nurse intervention program funds administered under subsection (4) and the Teen Pregnancy Pilot Program funds administered under subsection (5), to the extent that federal or state funds are available therefor and pursuant to appropriation therefor by the Legislature, the State Department of Health shall establish and implement an Abstinence Education Pilot Program to provide abstinence education, mentoring, counseling and adult supervision to promote abstinence from sexual activity, with a focus on those groups which are most likely to bear children out of wedlock. Such abstinence education services shall be provided by the State Department of Health through its clinics, public health nurses, school nurses and through contracts with rural and community health centers in order to reach a larger number of targeted clients. For purposes of this subsection, the term "abstinence education" means an educational or motivational program which:
(a) Has as its exclusive purpose, teaching the social, psychological and health gains to be realized by abstaining from sexual activity;
(b) Teaches abstinence from sexual activity outside marriage as the expected standard for all school-age children;
(c) Teaches that abstinence from sexual activity is the only certain way to avoid out-of-wedlock pregnancy, sexually transmitted diseases and other associated health problems;
(d) Teaches that a mutually faithful monogamous relationship in context of marriage is the expected standard of human sexual activity;
(e) Teaches that sexual activity outside of the context of marriage is likely to have harmful psychological and physical effects;
(f) Teaches that bearing children out of wedlock is likely to have harmful consequences for the child, the child's parents and society;
(g) Teaches young people how to reject sexual advances and how alcohol and drug use increase vulnerability to sexual advances; and
(h) Teaches the importance of attaining self-sufficiency before engaging in sexual activity.
(7) Beginning with the 1998-1999 school year and pursuant to appropriation therefor by the Legislature, in addition to other funds allotted under the minimum education program, each school district shall be allotted an additional teacher unit per every one hundred (100) teacher units, for the purpose of employing qualified public school nurses in such school district, which in no event shall be less than one (1) teacher unit per school district, for such purpose. In the event the Legislature provides less funds than the total state funds needed for the public school nurse allotment, those school districts with fewer teacher units shall be the first funded for such purpose, to the extent of funds available.
(8) Prior to the 1998-1999 school year, nursing staff assigned to the program shall be employed through the local county health department and shall be subject to the supervision of the State Department of Health with input from local school officials. Local county health departments may contract with any comprehensive private primary health care facilities within their county to employ and utilize additional nursing staff. Beginning with the 1998-1999 school year, nursing staff assigned to the program shall be employed by the local school district and shall be designated as "health service coordinators," and shall be required to possess a bachelor's degree in nursing as a minimum qualification.
(9) Upon each student's enrollment, the parent or guardian shall be provided with information regarding the scope of the school nurse intervention program. The parent or guardian may provide the school administration with a written statement refusing all or any part of the nursing service. No child shall be required to undergo hearing and vision or scoliosis screening or any other physical examination or tests whose parent objects thereto on the grounds such screening, physical examination or tests are contrary to his sincerely held religious beliefs.
(10) A consent form for reproductive health education shall be sent to the parent or guardian of each student upon his enrollment. If a response from the parent or guardian is not received within seven (7) days after the consent form is sent, the school shall send a letter to the student's home notifying the parent or guardian of the consent form. If the parent or guardian fails to respond to the letter within ten (10) days after it is sent, then the school principal shall be authorized to allow the student to receive reproductive health education. Reproductive health education shall include the teaching of total abstinence from premarital sex and, wherever practicable, reproductive health education should be taught in classes divided according to gender. All materials used in the reproductive health education program shall be placed in a convenient and easily accessible location for parental inspection. School nurses shall not dispense birth control pills or contraceptive devices in the school. Dispensing of such shall be the responsibility of the State Department of Health on a referral basis only.
(11) No provision of this section shall be construed as prohibiting local school districts from accepting financial assistance of any type from the State of Mississippi or any other governmental entity, or any contribution, donation, gift, decree or bequest from any source which may be utilized for the maintenance or implementation of a school nurse intervention program in a public school system of this state.
SECTION 5. Section 37-14-3, Mississippi Code of 1972, is amended as follows:
37-14-3. (1) The State Department of Education is designated as the state agency responsible for the administration and supervision of the school nurse program as an education and wellness curriculum in the public schools of the State of Mississippi. The public school nurse program administered by the State Department of Education shall be known and may be cited as the "Mary Kirkpatrick Haskell-Mary Sprayberry Public School Nurse Program." It is the intent of the Legislature that all funds made available to the State Department of Education for the purpose of employing school nurses shall be administered by the State Department of Education.
(2) The State Department of Education, through the Office of Healthy Schools, shall develop standards, procedures and criteria for the public school nurse programs in kindergarten through Grade 12. The Office of Healthy Schools of the State Department of Education shall assume the responsibility for promoting a statewide school nurse program designed to prepare local school districts to incorporate the school program into their local educational programs.
(3) From and after July 1, 2007, the School Nurse Intervention Program administered and funded by the State Department of Health shall be transferred to the Office of Healthy Schools of the State Department of Education. Any administrative personnel employed by the State Department of Health for the administration of school nurses under the School Nurse Intervention Program may be considered for employment by the Office of Healthy Schools of the State Department of Education for the purpose of coordinating the employment of school nurses in the school districts. Any administrative personnel formerly employed by the Partnership for a Healthy Mississippi, Inc., for the administration of school nurses in the public schools may be considered for employment by the Office of Healthy Schools of the State Department of Education for the purpose of coordinating the employment of school nurses in the school districts. All records and unexpended balances of accounts in the School Nurse Intervention Program relating to the employment of school nurses shall be transferred to the Office of Healthy Schools in the State Department of Education in accordance with the transfer of responsibility under this chapter.
(4) The nurses in the Mary Kirkpatrick Haskell-Mary Sprayberry Public School Nurse Program shall have the following specific responsibilities:
(a) Serve as the coordinator of the health services program and provide nursing care;
(b) Provide health education to students;
(c) Implement activities to promote health and prevent tobacco, alcohol and substance use and abuse;
(d) Identify health and safety concerns in the school environment and promote a nurturing social environment;
(e) Administer medications and help students manage their health problems;
(f) Support healthy food services programs;
(g) Promote healthy physical education, sports policies and practices;
(h) Promote dropout prevention programs; * * *
(i) Participate in allied health programs to introduce students to health careers; and
(j) Carry out the functions of those strategies implemented in the program developed by the Department of Education under Section 1 of this act.
(5) The Office of Healthy Schools of the State Department of Education shall provide resources to all public school nurses so that those schools with school nurses will be prepared to provide health education in Mississippi schools and support the Mississippi Comprehensive Health Framework, Mississippi Physical Education Framework, Wellness Policy, coordinated approach to school health, and other resources required by the State Board of Education.
(6) In administering the Mary Kirkpatrick Haskell-Mary Sprayberry Public School Nurse Program, the Office of Healthy Schools of the State Department of Education shall perform the following duties:
(a) Execute any contracts, agreements or other documents with any governmental agency or any person, corporation, association, partnership or other organization or entity that are necessary to accomplish the purposes of this chapter;
(b) Receive grants or any other contributions made to the State Board of Education to be used for specific purposes related to the goals of this chapter;
(c) Submit an annual report to the Legislature regarding the operation of the School Nurse Intervention Program;
(d) Submit to the State Auditor any financial records that are necessary for the Auditor to perform an annual audit of the commission as required by law;
(e) Adopt any rules or regulations that are necessary to carry out the purposes of this chapter;
(f) Develop criteria to measure the effectiveness of a school nurse;
(g) Communicate to superintendents and principals how to maximize the effectiveness of a public school nurse;
(h) Develop recommended salary structure for school districts to use when hiring a school nurse;
(i) Communicate to superintendents, principals and other appropriate school officials regarding the statutes and regulations prohibiting the use of tobacco by school personnel on school property and at school events, and to monitor the effectiveness of this ban;
(j) Report to the Senate and House Public Health and Welfare and Education Committees' Chairmen annually on the number of public school nurses, in which schools they are employed, results of their work in relation to the measures in paragraph (f);
(k) Implement policies to reduce unnecessary paperwork by public school nurses; and
(l) Take any other actions that are necessary to carry out the purposes of this chapter.
SECTION 6. This act shall take effect and be in force from and after its passage.