HB195INTRODUCED
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HB195
TTM4111-1
By Representative DuBose
RFD: Education Policy
First Read: 20-Feb-24
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5 TTM4111-1 02/20/2024 GP (L)lg 2023-3653
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First Read: 20-Feb-24
SYNOPSIS:
Under existing law, any program or curriculum in
a public K-12 school that includes sex education or the
human reproductive process must emphasize abstinence as
the only effective protection against unintended
pregnancy and sexually transmitted disease.
This bill would require that any sex education
or human reproductive curriculum or program in a public
K-12 school to exclusively teach sexual risk avoidance
and encourage the avoidance of any nonmarital sexual
activity.
This bill would further provide for the sex
education and human reproductive curriculum or program
in public K-12 schools, including the provision of
information about state laws relating to the financial
cost of pregnancy and child care, abortion, and
adoption.
This bill would prohibit any sex education or
human reproductive curriculum or program from
supporting, demonstrating, or providing a referral to
or information about how to acquire an abortion, from
demonstrating the use of or providing distribution
information regarding contraceptives, and from using
graphic materials that are sexually explicit, normalize
teenage sexual activity, or promote or encourage
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teenage sexual activity, or promote or encourage
nonmarital sexual activity.
This bill would prohibit any local board of
education from using the services of any individual or
organization that endorses an approach to sex education
that does not prioritize abstinence or that advocates
for or performs abortions.
This bill would require each parent or guardian
to be provided with notice before sex education or
information about the human reproductive system is
provided to students, and would provide each parent or
guardian with the ability to opt his or her child out
of the curriculum or program.
This bill would also allow the Attorney General
to enforce the requirements of this bill and would
provide the parent or guardian of each student the
right to seek a cause of action against a local board
of education, its agents, or its employees, to seek
compliance with this bill.
A BILL
TO BE ENTITLED
AN ACT
Relating to sex education in public K-12 schools; to
amend Section 16-40A-2, Code of Alabama 1975, to require sex
education and human reproductive system curriculum and
programs to exclusively teach sexual risk avoidance and
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programs to exclusively teach sexual risk avoidance and
encourage abstinence from all nonmarital sexual activity; to
prohibit the promotion of abortions or any nonmarital sexual
activity in sex education or human reproductive systems
curriculum; to prohibit demonstrations of or information about
how to obtain contraceptives in sex education or human
reproductive systems curriculum; to authorize parents or
guardians to opt their child out of sexual education or human
reproductive system curriculum or programs; to authorize the
Attorney General to enforce; and to provide a cause of action
for violations.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Section 16-40A-2, Code of Alabama 1975, is
amended to read as follows:
"ยง16-40A-2
(a) Any program or curriculum in the public schools in
Alabama that includes sex education or the human reproductive
process shall exclusively and emphatically teach sexual risk
avoidance content and , at a minimum, include and emphasize
each of the following:
(1) Abstinence from sex all sexual activity is the only
completely 100 percent effective protection against way to
prevent unintended pregnancy, sexually transmitted diseases
and infections, and human immunodeficiency virus (HIV) when
transmitted sexually.
(2) Abstinence from sex all sexual activity outside of
marriage, regardless of a student's current or past sexual
experience, is the expected social standard for unmarried
school-age persons individuals.
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school-age persons individuals.
(3) The advantages of avoiding nonmarital sexual
activity and the potential physical and emotional negative
outcomes associated with youth and teen sexual activity.
(b) For the purposes of this section, sexual risk
avoidance refers to a primary prevention approach to sex
education that seeks to achieve optimal health outcomes for
all Alabama youth by providing information and skills needed
to achieve the benefits of avoiding all non-marital sexual
activity.
(c) Course materials and instruction that relate to
sexual health education or sexually transmitted diseases and
infections shall be age-appropriate and medically accurate.
For purposes of this section, the term "age appropriate" means
topics, messages, and teaching methods suitable to particular
ages or age groups of children and adolescents, based on
developing cognitive, emotional, and behavioral capacity
typical for the age or age group.
(c)(d) Course materials and instruction that relate to
sexual health education or sexually transmitted diseases and
infections, if available, shall include all of the following
elements:
(1) An emphasis on sexual abstinence as the only
completely reliable method of avoiding unintended teenage
pregnancy and sexually transmitted diseases and infections.
(2) The emphasis shall be on the importance of delaying
sexual activity by and discouraging risky sexual behavior ,
providing skills to avoid sexual risk, and developing
awareness among students of how sexual activity can impact the
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awareness among students of how sexual activity can impact the
whole person, including physical, social, emotional,
psychological, economic, and educational life outcomes .
(3) Statistics and data based on the latest accurate
medical information that indicate the degree of reliability
and unreliability real life usage regarding the efficacy and
limitations of various forms of contraception among the youth
population, while also emphasizing the increase in protection
against pregnancy and protection against sexually transmitted
infections, including HIV infection, which is afforded by the
use of various contraceptive measures , provided that the
content: (i) is aligned with the exclusive message of sexual
risk avoidance; (ii) does not normalize, encourage, or promote
sexual behavior among youth and teens; (iii) is presented in
the context that while contraception may reduce the risk of
pregnancy and contracting sexually transmitted infections,
including HIV, it does not eliminate the risk; and (iv)
dispels any false sense of security about "safe sex." .
(4) Information Accurate and current information
concerning the laws relating to all of the following:
a. The the financial responsibilities impact associated
with pregnancy, childbirth, and child rearing.
b. Abortion, including medically accurate information
regarding the procedure and risks associated with the
procedure, and abortion law in Alabama, including that except
for limited exceptions, abortion is prohibited in Alabama.
c. The process of domestic infant adoption and placing
a child with an adoptive family, including the availability of
relevant resources.
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relevant resources.
d. The process for surrendering a newborn infant
pursuant to Chapter 25 of Title 26.
(5) Information concerning the laws prohibiting sexual
abuse, the need to report such abuse to a parent, guardian, or
law enforcement, and the legal options available to victims of
sexual abuse.
(6) Information on how to identify and avoid unhealthy
relationships, including factors predictive of physical,
emotional, or sexual abuse and exploitation, coercion, or
assault, and how to cope with and rebuff unwanted physical and
verbal sexual exploitation by other persons individuals.
(7) Psychologically sound methods Knowledge and skills
to of resisting resist unwanted peer pressure and avoid
cyberbullying, sexting, pornography, and online sexual
predators, and the potential legal implications of
participating in any of the preceding activities .
(8) Comprehensive instruction in all of the following:
a. Parenting parenting skills and responsibilities,
including the responsibility to pay child support by
non-custodial parents, the penalties for non-payment of child
support, and the legal and ethical responsibilities of child
care and child rearing.
b. The lifelong impact of youth and teenage pregnancy
on the parent, child, and society.
c. The benefits of raising children within the context
of marriage.
d. The options for individuals experiencing unintended
pregnancy, the benefits of adoption for both the pregnant
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pregnancy, the benefits of adoption for both the pregnant
youth or teenager and the child, and the associated challenges
of parenting, abortion, and adoption decisions.
e. Medically sound information relating to fetal growth
and development, maternal health, and infant health.
f. The educational and financial impact of youth and
teenage pregnancies.
g. The advantage of a father's involvement in the life
of his child.
(d)(e) Parents or guardians shall be given advanced,
written notification of the teaching of any sex education or
of the human reproductive process at least 14 days before the
content is taught to students . Upon the request of a parent or
guardian and prior to distribution to students, the school
shall make available to parents or guardians the sex education
curriculum in its entirety and provide each parent or guardian
with the opportunity to opt his or her child out from the
instruction, with no penalty to the student .
(f) Sex education and human reproductive curriculum,
advice, or content offered by a public K-12 school may not
include any of the following:
(1) Information that misrepresents the efficacy of
contraception use, demonstrates the use of contraceptive
materials, or provides referrals to obtain a contraceptive, or
any information about the distribution of a contraceptive.
(2) Information or advice that encourages the use of,
instructs on how to obtain, or provides a referral to abortion
services or the use of an abortifacient.
(3) Graphic images, materials, or video footage that
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(3) Graphic images, materials, or video footage that
are sexually explicit or normalize youth or teenage sexual
activity of any kind.
(4) Information that explicitly or implicitly promotes
any activity or message that encourages youth or teenagers to
experiment with nonmarital sexual activity.
(g) Local boards of education may not use the services
of any individual or organization to assist in teaching about
sex education or the human reproductive system if that
individual or organization endorses an approach to sex
education that does not endorse sexual risk avoidance as the
exclusive and unambiguous means of sex education, or if the
individual or organization performs abortions, provides
referrals to abortion services, or provides funding, advocacy,
or other support for abortion.
(h)(1) The Attorney General shall have the authority to
enforce the provisions of this section by obtaining injunctive
relief to require compliance with this section.
(2) Notwithstanding Section 36-1-12, the parent or
guardian of any student at a public K-12 school may bring a
cause of action against any local board of education and any
of its agents or employees, including, but not limited to, a
superintendent, principal, assistant principal, teacher, or
teacher's aide to seek compliance with this section in a court
of competent jurisdiction. Available remedies include
injunctive relief, attorney fees, and litigation expenses,
including witness fees and court costs. "
Section 2. This act shall become effective on October
1, 2024.
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