PRINTER'S NO.  1615

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

HOUSE BILL

 

No.

1163

Session of

2009

  

  

INTRODUCED BY WAGNER, BRADFORD, BRENNAN, BRIGGS, BROWN, BUXTON, DePASQUALE, FRANKEL, GERGELY, HALUSKA, HARKINS, JOSEPHS, MAHONEY, MANDERINO, McILVAINE SMITH, MILNE, MOUL, MUNDY, M. O'BRIEN, PARKER, PASHINSKI, PAYTON, READSHAW, ROEBUCK, ROSS, SABATINA, SANTARSIERO, SANTONI, SHAPIRO, SIPTROTH, M. SMITH, STURLA, WALKO, WHEATLEY, WHITE AND YOUNGBLOOD, APRIL 23, 2009

  

  

REFERRED TO COMMITTEE ON EDUCATION, APRIL 23, 2009  

  

  

  

AN ACT

  

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Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An

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act relating to the public school system, including certain

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provisions applicable as well to private and parochial

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schools; amending, revising, consolidating and changing the

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laws relating thereto," providing for comprehensive sex

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education, parental requests, implementation and oversight

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and for funding.

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The General Assembly finds and declares as follows:

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(a)  Discussion between youth and their parents or guardians

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helps youth make responsible and healthy life decisions.

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(b)  However, Pennsylvania's schools and other community

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groups have a responsibility to help ensure youth have the

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knowledge and skills necessary to enable them to make

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responsible life decisions, to protect their sexual and

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reproductive health, and to prevent unintended pregnancy and

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reduce the risk of sexually transmitted infections (STIs).

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(c)  Research has identified highly effective sex education

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and HIV prevention programs that affect multiple behaviors and

 


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achieve positive health impacts. Behavioral outcomes have

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included delaying the initiation of sex, as well as reducing the

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frequency of sex, the number of partners, and the incidence of

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unprotected sex, and increasing the use of condoms and

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contraception among sexually active participants. Long-term

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impacts have included lower STI and pregnancy rates.

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(d)  Lowering STI and pregnancy rates may reduce costs for

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Pennsylvania's health care delivery system. In 2004, teen

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pregnancy cost taxpayers $389 million.

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(e)  Despite State and national declines between 2001 and

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2005, teen birth ratios increased in several high population

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areas of the State, and rates continue to be higher than the

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State average among minority youth and in many rural counties.

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(f)  Rates of the two most common STIs (chlamydia and

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gonorrhea) are higher in females age 15-19 than any other age

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group. According to the Center for Disease Control (CDC) 26

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percent of girls age 15-19 (approximately 3 million girls) are

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infected with at least one STI. The percentage among young

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African-American women is significantly higher - 48% compared

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with 20% of young white women. The lifetime medical costs

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associated with STIs in young people is estimated to be at least

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$6.5 billion.

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The General Assembly of the Commonwealth of Pennsylvania

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hereby enacts as follows:

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Section 1.  The act of March 10, 1949 (P.L.30, No.14), known

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as the Public School Code of 1949, is amended by adding a

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section to read:

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Section 1512.2.  Healthy Youth Act.--(a)  A school district

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required to comply with 22 Pa. Code § 4.29 (relating to HIV/AIDS

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and other life-threatening and communicable diseases) shall also

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be required to provide students with sex education. This

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education must meet all the following criteria:

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(1)  Instruction and materials shall be age appropriate.

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(2)  All information presented shall be medically accurate.

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(3)  Teachings shall include the following information:

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(i)  The benefits of and reasons for not engaging in sexual

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intercourse.

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(ii)  Not engaging in sexual intercourse is the only certain

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way to prevent pregnancy and to reduce the risk of sexually

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transmitted infections (STIs) including HIV.

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(iii)  How alcohol and drug use can affect responsible

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decision making.

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(4)   Provide students with accurate information that

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includes the following:

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(i)  Side effects, health benefits, effectiveness, safety and

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proper use of all FDA-approved contraceptive methods in

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preventing pregnancy.

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(ii)  STI information including how STIs are and are not

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transmitted and the effectiveness of all FDA-approved methods of

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reducing the risk of contracting STIs.

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(5)  Addresses healthy relationships and social pressures

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related to sexual behaviors.

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(6)  Discuss sexual activity as it relates to risk for STIs

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and pregnancy.

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(7)  Encourages youth to communicate with parents/guardians

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and other trusted adults about sexuality.

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(8)  Instructors are permitted to answer in good faith any

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questions initiated by a student or students that is germane to

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the material of the course.

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(9)  Instructions and materials shall be appropriate for use

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with, and shall not promote bias against, pupils of all races,

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genders, sexual orientations, ethnic and cultural backgrounds,

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gender identities, sexually active pupils, and pupils with

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disabilities.

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(b)  (1)  A student shall be excused from any part of the

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instruction in this section if the student's parent or guardian

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provides a written request to the school.

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(2)  Curriculum shall be available for viewing upon the

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request of a student's parent or guardian.

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(c)  The Department of Education, in consultation with the

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Department of Health, shall develop and maintain a list of

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sexual health education curricula that are consistent with the

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requirements of this act. This list should be updated at least

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annually and made available on the Department of Education's

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Internet website. The Department of Education shall promulgate

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rules reasonably necessary to implement, administer and provide

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oversight for the provisions of this act.

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(d)  No funds appropriated by the Commonwealth for sex

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education shall contravene the provisions of this act.

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(e)  As used in this section, the following words and phrases

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shall have the meanings given to them in this subsection:

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(1)  "Age appropriate" shall mean topics, messages, and

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teaching methods suitable to particular ages or groups of

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children and adolescents, based on developing cognitive,

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emotional and behavioral capacity typical for the age or age

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group.

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(2)  "Medically accurate" shall mean information supported by

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peer-reviewed research conducted in compliance with accepted

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scientific methods and recognized as accurate by leading

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professional organizations and agencies with relevant

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experience, including the American Medical Association and the

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Department of Health.

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Section 2.  This section shall apply beginning with the next

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full school year after the effective date of this section and

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all subsequent school years.

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Section 30.  This act shall take effect in 90 days.

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