Senate Bill 2543

AN ACT TO AUTHORIZE AND DIRECT PUBLIC SCHOOL DISTRICTS TO PROVIDE CERTAIN INFORMATION TO YOUNG PEOPLE TO ENABLE INFORMED LIFE CHOICES; AND FOR RELATED PURPOSES.

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

SECTION 1. The Legislature finds that young people are charged with protecting themselves from the hazards associated with intimate relationships. In order to make informed and mature decisions regarding life choices, young people expect that the information they receive is accurate. If young people receive information that contains inaccuracies, their ability to make the best decisions for themselves is hampered. In order to facilitate responsible decision making by young people, it is important to ensure that whatever information is conveyed to them is both medically and scientifically accurate.

SECTION 2. (1) By August 1, 2010, every public school that offers sex-related education must ensure that all sexual health information, instruction and materials are medically and scientifically accurate. If a program of instruction is based on abstinence education, the program shall include only medically and scientifically supported instruction, including that abstinence is the only method for avoiding pregnancy and sexually transmitted diseases that is one hundred percent (100%) effective; and said abstinence education programs shall not misrepresent information pertaining to contraceptives and disease prevention. A school may choose to use separate, outside speakers or prepared curriculum to teach different content areas or units within the comprehensive sexual health program as long as all speakers, curriculum and materials used are in compliance with this section. Any curriculum guidelines established for sex-related education must be consistent with the policy of the Department of Education for the establishment of curriculum guidelines the same as any other courses of education taught in Mississippi public schools.

(2) As used in this act, "medically and scientifically accurate" means information that is verified or supported by research in compliance with scientific methods, is published in peer-review journals, where appropriate, and is recognized as accurate and objective by professional organizations and agencies with expertise in the field of sexual health, including, but not limited to, the American College of Obstetricians and Gynecologists, the Mississippi State Department of Health and the federal Centers for Disease Control and Prevention.

(3) The Department of Education, the Department of Human Services and the Department of Health shall make sexual health information and disease prevention available to school districts, teachers and guest speakers on their Web sites. Within available resources, the Department of Education, the Department of Human Services and the Department of Health shall make any related information, model policies, curricula or other resources available as well.

(4) The Department of Education, in consultation with the Department of Human Services and the Department of Health, shall develop a list of sex-related education curricula that are consistent with this act and Sections 37-13-21, 37-13-171 and 37-13-161. This list shall be intended to serve as a resource for schools, teachers, or any other organization or community group, and shall be updated no less frequently than annually and made available on at least one (1) of the Web sites of the office of the Department of Education, the Department of Human Services or the Department of Health.

(5) Public schools that offer sex-related education are encouraged to review their sexual health curricula and choose a curriculum from the list developed under subsection (4) of this section. Any public school that offers sex-related education may identify, choose or develop any other curriculum, if the curriculum chosen or developed complies with the requirements of this section.

(6) Each school providing sex-related education must comply with the provisions of Section 37-13-173 so that any parent or legal guardian who wishes to have his or her child excused from any planned instruction in sex-related education may do so as provided in Section 37-13-173. In addition, any parent or legal guardian may review the sex-related education curriculum offered in his or her child's school by following the process described in the notice provided by the school pursuant to Section 37-13-173.

(7) The office of the Department of Education shall, through the School Health Program, ask public schools to identify any curricula used to provide sex-related education, and shall report the results of this inquiry to the Legislature on a biennial basis, beginning with the 2012-2013 school year.

SECTION 3. This act may be known and cited as the "Healthy Youth Act."

SECTION 4. This act shall take effect and be in force from and after July 1, 2010.