MISSISSIPPI LEGISLATURE

2016 Regular Session

To: Education

By: Representative Moore

House Bill 992

AN ACT TO AMEND SECTION 37-13-171, MISSISSIPPI CODE OF 1972, TO REVISE THE CURRICULUM ON SEX-RELATED EDUCATION AND TO REQUIRE THE LOCAL SCHOOL BOARD OF EACH SCHOOL DISTRICT TO ADOPT THE PROGRAM ON PERSONAL RESPONSIBILITY EDUCATION DEVELOPED BY THE MISSISSIPPI DEPARTMENT OF HUMAN SERVICES AND THE DEPARTMENT OF HEALTH; TO REQUIRE THAT INSTRUCTION IN PERSONAL RESPONSIBILITY EDUCATION SHALL BE TAUGHT AT LEAST ONCE IN GRADES 6 TO 8 AND AGAIN AT LEAST ONCE IN GRADES 9 TO 12; TO GIVE DISTRICTS THE AUTONOMY TO CHOOSE DIFFERENT CURRICULUM OFFERED AT THE MIDDLE AND HIGH SCHOOL LEVELS, IF APPLICABLE; TO REQUIRE THE STATE DEPARTMENT OF EDUCATION TO PUBLISH A LIST OF APPROVED CURRICULUMS ON ITS WEBSITE; TO REQUIRE THE CURRICULUM TO BE EVIDENCED BASED AND TO DEFINE SUCH TERM; TO REQUIRE THE STATE DEPARTMENT TO APPROVE EACH DISTRICT'S CURRICULUM FOR PERSONAL RESPONSIBILITY EDUCATION; TO STIPULATE THAT THE CURRICULUM MUST INCLUDE INFORMATION THAT ABSTINENCE IS THE ONLY EFFECTIVE WAY TO PREVENT UNINTENDED PREGNANCY; TO REMOVE CERTAIN PROVISIONS RELATING TO ABSTINENCE-ONLY AND ABSTINENCE-PLUS EDUCATION PROGRAMS; TO REQUIRE THE STATE DEPARTMENT OF EDUCATION TO SUBMIT ANNUAL REPORTS TO THE EDUCATION COMMITTEES OF THE HOUSE AND SENATE AND PRESCRIBE THE CONTENT TO BE INCLUDED IN SUCH REPORTS; TO REQUIRE EACH SCHOOL DISTRICT TO PROVIDE A WRITTEN CONSENT FORM TO PARENTS AND LEGAL GUARDIANS OF STUDENTS ELIGIBLE TO PARTICIPATE IN PERSONAL RESPONSIBILITY EDUCATION AND THE CONTENT TO BE CONTAINED THEREON; TO PROVIDE FOR THE REPEAL OF THIS ACT ON JULY 1, 2021; TO BRING FORWARD SECTION 37-13-173, MISSISSIPPI CODE OF 1972, FOR THE PURPOSE OF POSSIBLE AMENDMENTS; AND FOR RELATED PURPOSES.

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

     SECTION 1.  Section 37-13-171, Mississippi Code of 1972, is amended as follows:

     37-13-171.  (1)  The local school board of every public school district shall adopt a policy to implement * * *abstinence‑only or abstinence‑plus "personal responsibility" education into its curriculum by June 30, * * *2012 2017, which instruction in those subjects shall be implemented not later than the start of the * * *2012‑2013 2017-2018 school year or the local school board shall adopt the program which has been developed by the Mississippi Department of Human Services and the Mississippi Department of Health.  Personal responsibility education shall occur at least once in Grades 6 to 8 and at least once in Grades 9 to 12.  Each school district may choose a different curriculum for middle and high school if applicable.  The State Department of Education shall publish a list of approved curriculum that is age, grade and developmentally appropriate.  Curriculum selected must have been deemed evidence-based and medically accurate by the Mississippi State Department of Health.  The State Department of Education shall * * *approve each district's curriculum for sex‑related education and shall establish a protocol to be used by districts to provide continuity in teaching the approved curriculum in a manner that is age, grade and developmentally appropriate.

 * * *

(2) Abstinence‑only education shall remain the state standard for any sex‑related education taught in the public schools.  For purposes of this section, abstinence‑only education includes any type of instruction or program which, at an appropriate age and grade:

  (a)  Teaches 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 condoms or contraceptives, but only if that discussion includes a factual presentation of the risks and failure rates 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.

(3)  A program or instruction on sex‑related education need not include every component listed in subsection (2) of this section for abstinence‑only education.  However, no program or instruction under an abstinence‑only curriculum may include anything that contradicts the excluded components.  For purposes of this section, abstinence‑plus education includes every component listed under subsection (2) of this section that is age and grade appropriate, in addition to any other programmatic or instructional component approved by the department, which shall not include instruction and demonstrations on the application and use of condoms.  Abstinence‑plus education may discuss other contraceptives, the nature, causes and effects of sexually transmitted diseases, or the prevention of sexually transmitted diseases, including HIV/AIDS, along with a factual presentation of the risks and failure rates.

(4)  Any course containing sex‑related education offered in the public schools shall include instruction in either abstinence‑only or abstinence‑plus education.

(5)  Local school districts, in their discretion, may host programs designed to teach parents how to discuss abstinence with their children. The personal responsibility education curriculum must include information that abstinence from sexual activity is the only one hundred percent (100%) effective way to prevent unintended pregnancy.

     ( * * *63)  There shall be no effort in * * *either an abstinence‑only or an abstinence‑plus any curriculum to teach that abortion can be used to prevent the birth of a baby.

     ( * * *74)  At all times when sex-related education is discussed or taught, boys and girls shall be separated according to gender into different classrooms, sex-related education instruction may not be conducted when boys and girls are in the company of any students of the opposite gender.

(5)  The term "evidence based" means a curriculum proven to reduce behavioral risk factors associated with teenage pregnancy among teens age nineteen (19) years and younger and be evaluated using an experimental or quasi-experimental design, with results published in peer reviewed, scientific journals.

(6)  The State Department of Education, shall provide the list of approved curriculum to each local school board, cause the same to be published on the department's website and ensure school districts implement a curriculum from the list.  The State Department of Education, in collaboration with the Department of Health, shall review and update the list of approved curriculum at least every five (5) years.

(7)  The State Department of Education shall submit an annual report to the House and Senate Education Committees that includes information for each school district regarding the curriculum adopted, the grade levels in which instruction in personal responsibility education is offered, the number of students who were taught personal responsibility education by grade level and the total number of students in each grade.  School districts shall provide the necessary information to the State Department of Education no later than July 1 of every year.

(8)  Each school shall provide a written consent form to the parent or legal guardian of every student eligible to participate in personal responsibility education at school registration yearly.  The consent form shall:

(a)  Inform the parent or legal guardian of the curriculum used by the school for the grade in which their child will be entering;

(b)  Inform the parent or legal guardian that copies of the curriculum are available for their review as such right is provided under Section 37-13-173;

(c)  Make inquiry of the parent or legal guardian as to whether their child shall be included in the program of instruction for personal responsibility education; and

(d)  Require a signature from the parent or legal guardian.

     ( * * *89)  This section shall stand repealed on July 1, * * *2016 2021.

     SECTION 2.  Section 37-13-173, Mississippi Code of 1972, is brought forward as follows:

     37-13-173.  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 inclusion of their child for 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 3.  This act shall take effect and be in force from and after July 1, 2016.

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