THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY WAGNER, BRADFORD, BRENNAN, BRIGGS, BROWN, BUXTON, DePASQUALE, FRANKEL, GERGELY, HALUSKA, HARKINS, JOSEPHS, MAHONEY, MANDERINO, McILVAINE SMITH, MILNE, MUNDY, M. O'BRIEN, PARKER, PASHINSKI, PAYTON, READSHAW, ROEBUCK, ROSS, SABATINA, SANTARSIERO, SANTONI, SHAPIRO, SIPTROTH, M. SMITH, STURLA, WALKO, WHEATLEY, WHITE, YOUNGBLOOD, R. TAYLOR, GERBER, CURRY, DERMODY, MANN, LENTZ, COHEN, THOMAS, BEYER AND JOHNSON, APRIL 23, 2009

AS REPORTED FROM COMMITTEE ON EDUCATION, HOUSE OF REPRESENTATIVES, AS AMENDED, MAY 3, 2010   

AN ACT

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

act relating to the public school system, including certain

provisions applicable as well to private and parochial

schools; amending, revising, consolidating and changing the

laws relating thereto," in terms and courses of study,

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providing for comprehensive sex education, parental requests,

implementation and oversight and for funding.

The General Assembly finds and declares as follows:

(a)  Discussion between youth and their parents or guardians

helps youth make responsible and healthy life decisions.

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

groups have a responsibility to help ensure youth have the

knowledge and skills necessary to enable them to make

responsible life decisions, to protect their sexual and

reproductive health, and to prevent unintended pregnancy and

reduce the risk of sexually transmitted infections (STIs).

(c)  Research has identified highly effective sex education

and HIV prevention programs that affect multiple behaviors and

achieve positive health impacts. Behavioral outcomes have

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

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

unprotected sex, and increasing the use of condoms and

contraception among sexually active participants. Long-term

impacts have included lower STI and pregnancy rates.

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

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

pregnancy cost taxpayers $389 million.

(e)  Despite State and national declines between 2001 and

2005, teen birth ratios increased in several high population

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

State average among minority youth and in many rural counties.

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

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

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

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

infected with at least one STI. The percentage among young

African-American women is significantly higher - 48% compared

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

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

$6.5 billion.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

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

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

section to read:

Section 1512.2.  Healthy Youth Act Comprehensive Sexual

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Health Education.--(a)  A school district required to comply

with 22 Pa. Code § 4.29 (relating to HIV/AIDS and other life-

threatening and communicable diseases) shall also be required to 

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provide students with sex sexual health education. This

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education must meet all the following criteria:

(1)  Instruction and materials shall be age appropriate.

(2)  All information presented shall be medically accurate.

(3)  Teachings shall include the following information:

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

intercourse.

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

way to prevent pregnancy and to reduce the risk of sexually

transmitted infections (STIs) including HIV.

(iii)  How alcohol and drug use can affect responsible

decision making.

(iv)  Self-control, temperance, restraint, self-discipline,

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discretion, discernment, sagacity and respect for the opposite

gender as those characteristics relate to relationships.

(4)  Provide students with accurate information that includes

the following:

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

proper use of all FDA-approved contraceptive methods in

preventing pregnancy.

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

transmitted and the effectiveness of all FDA-approved methods of

reducing the risk of contracting STIs.

(5)  Addresses healthy relationships and social pressures

related to sexual behaviors.

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

and pregnancy.

(7)  Encourages youth to communicate with parents/guardians

and other trusted adults about sexuality.

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

questions initiated by a student or students that is germane to

the material of the course.

(9)  Instructions and materials shall be appropriate for use

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

genders, sexual orientations, ethnic and cultural backgrounds,

gender identities, sexually active pupils, and pupils with

disabilities.

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

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the instruction in sexual health education required by this

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section if the student's parent or guardian provides a written

request to the school.

(2)  Curriculum shall be available for viewing upon the

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request of a student's parent or guardian. Information about the

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school district's sexual health instruction, including

curriculum, information being provided to students and a list of

written and audio-visual materials used for the education, shall

be made publicly available to parents and guardians through the

school district's Internet website, if available, the school

district's student manual or any other means of communication

currently used by the school district. A form for excusing a

student from all or any part of the sexual health education

shall also be made available to parents and guardians in the

same manner.

(3)  A student whose parent or guardian submits a written

request for the student to be excused from all or any part of

the sexual health education shall not be subject to disciplinary

action or academic penalty for exercising the right to be

excused from the education.

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

Department of Health, shall develop and maintain a list of

sexual health education curricula that are consistent with the

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

annually and made available on the Department of Education's

Internet website. The Department of Education shall promulgate

rules reasonably necessary to implement, administer and provide

oversight for the provisions of this act.

(d)  No funds appropriated by the Commonwealth for sex

education shall contravene the provisions of this act.

(e)  Nothing in this section shall be construed to apply to

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parochial or private schools.

(f)  In fulfilling the education requirements enumerated in

subsection (a):

(1)  local school districts shall approve and select

curricula, textbooks and instructional materials that are

appropriate for the students of the district covered by this

act;

(2)  the curricula selected shall be consistent with the

criteria in subsection (a); and

(3)  any sex education curriculum resources adopted by the

Commonwealth shall be construed as a guide for local school

districts as they develop their educational program in

accordance with this act.

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

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phrases shall have the meanings given to them in this

subsection:

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

teaching methods suitable to particular ages or groups of

children and adolescents, based on developing cognitive,

emotional and behavioral capacity typical for the age or age

group.

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

peer-reviewed research conducted in compliance with accepted

scientific methods and recognized as accurate by leading

professional organizations and agencies with relevant

experience, including the American Medical Association and the

Department of Health.

Section 2.  This section The addition of section 1512.2 of

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the act shall apply beginning with the next full school year

after the effective date of this section and all subsequent

school years.

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