Alabama 2024 Regular Session

Alabama House Bill HB195 Compare Versions

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33 HB195
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55 By Representative DuBose
66 RFD: Education Policy
77 First Read: 20-Feb-24
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12-5 HB195 Engrossed
12+5 TTM4111-1 02/20/2024 GP (L)lg 2023-3653
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1414 First Read: 20-Feb-24
15-A BILL
16-TO BE ENTITLED
17-AN ACT
18-Relating to sex education in public K-12 schools; to
19-amend Section 16-40A-2, Code of Alabama 1975, to require sex
20-education and human reproductive system curriculum and
21-programs to teach sexual risk avoidance and encourage
22-abstinence from sexual activity; to prohibit the promotion of
23-abortions or any sexual activity in sex education or human
24-reproductive systems curriculum; to prohibit demonstrations of
25-contraceptives in sex education or in human reproductive
26-systems curriculum; to authorize parents or guardians to opt
27-their child out of sexual education or human reproductive
28-system curriculum or programs; and to authorize the Attorney
29-General to enforce.
30-BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
31-Section 1. Section 16-40A-2, Code of Alabama 1975, is
32-amended to read as follows:
33-"§16-40A-2
34-(a) Any program or curriculum in the public schools in
35-Alabama that includes sex education or the human reproductive
36-process shall teach sexual risk avoidance content and , at a
37-minimum, include and emphasize each of the following:
15+SYNOPSIS:
16+Under existing law, any program or curriculum in
17+a public K-12 school that includes sex education or the
18+human reproductive process must emphasize abstinence as
19+the only effective protection against unintended
20+pregnancy and sexually transmitted disease.
21+This bill would require that any sex education
22+or human reproductive curriculum or program in a public
23+K-12 school to exclusively teach sexual risk avoidance
24+and encourage the avoidance of any nonmarital sexual
25+activity.
26+This bill would further provide for the sex
27+education and human reproductive curriculum or program
28+in public K-12 schools, including the provision of
29+information about state laws relating to the financial
30+cost of pregnancy and child care, abortion, and
31+adoption.
32+This bill would prohibit any sex education or
33+human reproductive curriculum or program from
34+supporting, demonstrating, or providing a referral to
35+or information about how to acquire an abortion, from
36+demonstrating the use of or providing distribution
37+information regarding contraceptives, and from using
38+graphic materials that are sexually explicit, normalize
39+teenage sexual activity, or promote or encourage
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67-minimum, include and emphasize each of the following:
68-(1) Abstinence from sex all sexual activity is the only
69-completely 100 percent effective protection against way to
70-prevent unintended pregnancy, sexually transmitted diseases
71-and infections, and human immunodeficiency virus (HIV) when
72-transmitted sexually.
73-(2) Abstinence from sex all sexual activity outside of
74-marriage is the expected social standard best health practice
75-for unmarried school-age persons individuals.
76-(3) The advantages of avoiding sexual activity and the
77-potential physical and emotional negative outcomes associated
78-with youth and teen sexual activity.
79-(b) For the purposes of this section, sexual risk
80-avoidance refers to a primary prevention approach to sex
81-education that seeks to achieve the most favorable health
82-outcomes for all Alabama youth by providing information and
83-skills needed to achieve the benefits of avoiding sexual
84-activity.
85-(c) Course materials and instruction that relate to
86-sexual health education or sexually transmitted diseases and
87-infections shall be age-appropriate and medically accurate.
88-For purposes of this section, the term "age-appropriate" means
89-topics, messages, and teaching methods suitable to particular
90-ages or age groups of children and adolescents, based on
91-developing cognitive, emotional, and behavioral capacity
92-typical for the age or age group.
93-(c)(d) Course materials and instruction that relate to
94-sexual health education or sexually transmitted diseases and
95-infections, if available, shall include all of the following
69+teenage sexual activity, or promote or encourage
70+nonmarital sexual activity.
71+This bill would prohibit any local board of
72+education from using the services of any individual or
73+organization that endorses an approach to sex education
74+that does not prioritize abstinence or that advocates
75+for or performs abortions.
76+This bill would require each parent or guardian
77+to be provided with notice before sex education or
78+information about the human reproductive system is
79+provided to students, and would provide each parent or
80+guardian with the ability to opt his or her child out
81+of the curriculum or program.
82+This bill would also allow the Attorney General
83+to enforce the requirements of this bill and would
84+provide the parent or guardian of each student the
85+right to seek a cause of action against a local board
86+of education, its agents, or its employees, to seek
87+compliance with this bill.
88+A BILL
89+TO BE ENTITLED
90+AN ACT
91+Relating to sex education in public K-12 schools; to
92+amend Section 16-40A-2, Code of Alabama 1975, to require sex
93+education and human reproductive system curriculum and
94+programs to exclusively teach sexual risk avoidance and
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125-infections, if available, shall include all of the following
126-elements:
127-(1) An emphasis on sexual abstinence as the only
128-completely reliable method of avoiding unintended teenage
129-pregnancy and sexually transmitted diseases and infections.
130-(2) The emphasis shall be on the importance of delaying
131-sexual activity by and discouraging risky sexual behavior ,
132-providing skills to avoid sexual risk, and developing
133-awareness among students of how sexual activity can impact the
134-whole person, including physical, social, emotional,
135-psychological, economic, and educational life outcomes .
136-(3) Statistics and data based on the latest accurate
137-medical information that indicate the degree of reliability
138-and unreliability real life usage regarding the efficacy and
139-limitations of various forms of contraception among the youth
140-population, while also emphasizing the increase in protection
141-against pregnancy and protection against sexually transmitted
142-infections, including HIV infection, which is afforded by the
143-use of various contraceptive measures , provided that the
144-content: (i) is aligned with the exclusive message of sexual
145-risk avoidance; (ii) does not encourage or promote sexual
146-behavior among youth and teens; and (iii) is presented in the
147-context that while contraception may reduce the risk of
148-pregnancy and contracting sexually transmitted infections,
149-including HIV, it does not eliminate the risk .
150-(4) Information Accurate and current information
151-concerning the laws relating to all of the following:
152-a. The the financial responsibilities impact associated
153-with pregnancy, childbirth, and child rearing.
124+programs to exclusively teach sexual risk avoidance and
125+encourage abstinence from all nonmarital sexual activity; to
126+prohibit the promotion of abortions or any nonmarital sexual
127+activity in sex education or human reproductive systems
128+curriculum; to prohibit demonstrations of or information about
129+how to obtain contraceptives in sex education or human
130+reproductive systems curriculum; to authorize parents or
131+guardians to opt their child out of sexual education or human
132+reproductive system curriculum or programs; to authorize the
133+Attorney General to enforce; and to provide a cause of action
134+for violations.
135+BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
136+Section 1. Section 16-40A-2, Code of Alabama 1975, is
137+amended to read as follows:
138+"§16-40A-2
139+(a) Any program or curriculum in the public schools in
140+Alabama that includes sex education or the human reproductive
141+process shall exclusively and emphatically teach sexual risk
142+avoidance content and , at a minimum, include and emphasize
143+each of the following:
144+(1) Abstinence from sex all sexual activity is the only
145+completely 100 percent effective protection against way to
146+prevent unintended pregnancy, sexually transmitted diseases
147+and infections, and human immunodeficiency virus (HIV) when
148+transmitted sexually.
149+(2) Abstinence from sex all sexual activity outside of
150+marriage, regardless of a student's current or past sexual
151+experience, is the expected social standard for unmarried
152+school-age persons individuals.
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183-with pregnancy, childbirth, and child rearing.
184-b. Abortion, including medically accurate information
185-regarding the procedure and risks associated with the
186-procedure, and the abortion law in Alabama.
187-c. The process of domestic infant adoption, including
188-the availability of relevant resources.
189-d. The process for surrendering a newborn infant
190-pursuant to Chapter 25 of Title 26.
191-(5) Information concerning the laws prohibiting sexual
192-abuse, the need to report such abuse to a parent, guardian, or
193-law enforcement, and the legal options available to victims of
194-sexual abuse.
195-(6) Information on how to identify and avoid unhealthy
196-relationships, including factors predictive of physical,
197-emotional, or sexual abuse and exploitation, coercion, or
198-assault, and how to cope with and rebuff unwanted physical and
199-verbal sexual exploitation by other persons individuals.
200-(7) Psychologically sound methods Knowledge and skills
201-to of resisting resist unwanted peer pressure and avoid
202-cyberbullying, sexting, pornography, and online sexual
203-predators, and the potential legal implications of
204-participating in any of the preceding activities .
205-(8) Comprehensive instruction in all of the following:
206-a. Parenting parenting skills and responsibilities,
207-including the benefits of a child being raised by both
208-parents, the responsibility to pay child support by a
209-non-custodial parent or parents, the penalties for non-payment
210-of child support, and the legal and ethical responsibilities
211-of child care and child rearing.
182+school-age persons individuals.
183+(3) The advantages of avoiding nonmarital sexual
184+activity and the potential physical and emotional negative
185+outcomes associated with youth and teen sexual activity.
186+(b) For the purposes of this section, sexual risk
187+avoidance refers to a primary prevention approach to sex
188+education that seeks to achieve optimal health outcomes for
189+all Alabama youth by providing information and skills needed
190+to achieve the benefits of avoiding all non-marital sexual
191+activity.
192+(c) Course materials and instruction that relate to
193+sexual health education or sexually transmitted diseases and
194+infections shall be age-appropriate and medically accurate.
195+For purposes of this section, the term "age appropriate" means
196+topics, messages, and teaching methods suitable to particular
197+ages or age groups of children and adolescents, based on
198+developing cognitive, emotional, and behavioral capacity
199+typical for the age or age group.
200+(c)(d) Course materials and instruction that relate to
201+sexual health education or sexually transmitted diseases and
202+infections, if available, shall include all of the following
203+elements:
204+(1) An emphasis on sexual abstinence as the only
205+completely reliable method of avoiding unintended teenage
206+pregnancy and sexually transmitted diseases and infections.
207+(2) The emphasis shall be on the importance of delaying
208+sexual activity by and discouraging risky sexual behavior ,
209+providing skills to avoid sexual risk, and developing
210+awareness among students of how sexual activity can impact the
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241-of child care and child rearing.
242-b. The impact of youth and teenage pregnancy on the
243-parent, child, and society.
244-c. The benefits of raising children within the context
245-of marriage.
246-d. The options for individuals experiencing unintended
247-pregnancy, the benefits of adoption for both the pregnant
248-youth or teenager and the child, and the associated challenges
249-of parenting, abortion, and adoption decisions.
250-e. Medically sound information relating to fetal growth
251-and development, maternal health, and infant health.
252-f. The educational and financial impact of youth and
253-teenage pregnancies.
254-(d)(e) Parents or guardians shall be given advanced,
255-written notification of the teaching of any sex education or
256-of the human reproductive process at least 14 days before the
257-content is taught to students . Upon the request of a parent or
258-guardian and prior to distribution to students, the school
259-shall make available to parents or guardians the sex education
260-curriculum in its entirety and provide each parent or guardian
261-with the opportunity to opt his or her child out from the
262-instruction, with no penalty to the student .
263-(f) Sex education and human reproductive curriculum,
264-advice, or content offered by a public K-12 school may not
265-include any of the following:
266-(1) Information that misrepresents the efficacy of
267-contraception use or demonstrates the use of contraceptive
268-materials.
269-(2) Information on how to obtain, or that provides a
240+awareness among students of how sexual activity can impact the
241+whole person, including physical, social, emotional,
242+psychological, economic, and educational life outcomes .
243+(3) Statistics and data based on the latest accurate
244+medical information that indicate the degree of reliability
245+and unreliability real life usage regarding the efficacy and
246+limitations of various forms of contraception among the youth
247+population, while also emphasizing the increase in protection
248+against pregnancy and protection against sexually transmitted
249+infections, including HIV infection, which is afforded by the
250+use of various contraceptive measures , provided that the
251+content: (i) is aligned with the exclusive message of sexual
252+risk avoidance; (ii) does not normalize, encourage, or promote
253+sexual behavior among youth and teens; (iii) is presented in
254+the context that while contraception may reduce the risk of
255+pregnancy and contracting sexually transmitted infections,
256+including HIV, it does not eliminate the risk; and (iv)
257+dispels any false sense of security about "safe sex." .
258+(4) Information Accurate and current information
259+concerning the laws relating to all of the following:
260+a. The the financial responsibilities impact associated
261+with pregnancy, childbirth, and child rearing.
262+b. Abortion, including medically accurate information
263+regarding the procedure and risks associated with the
264+procedure, and abortion law in Alabama, including that except
265+for limited exceptions, abortion is prohibited in Alabama.
266+c. The process of domestic infant adoption and placing
267+a child with an adoptive family, including the availability of
268+relevant resources.
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299-(2) Information on how to obtain, or that provides a
300-referral to, abortion services.
301-(3) Images, materials, or video footage that are
302-sexually explicit.
303-(g) Local boards of education may not use the services
304-of any individual or organization to assist in teaching about
305-sex education or the human reproductive system if that
306-individual or organization does not endorse sexual risk
307-avoidance as the primary means of sex education, or if the
308-individual or organization performs abortions, provides
309-referrals to abortion services, or provides funding, advocacy,
310-or other support for abortion.
311-(h) The Attorney General shall have the authority to
312-enforce the provisions of this section by obtaining injunctive
313-relief to require compliance with this section. "
314-Section 2. This act shall become effective on October
315-1, 2024.
298+relevant resources.
299+d. The process for surrendering a newborn infant
300+pursuant to Chapter 25 of Title 26.
301+(5) Information concerning the laws prohibiting sexual
302+abuse, the need to report such abuse to a parent, guardian, or
303+law enforcement, and the legal options available to victims of
304+sexual abuse.
305+(6) Information on how to identify and avoid unhealthy
306+relationships, including factors predictive of physical,
307+emotional, or sexual abuse and exploitation, coercion, or
308+assault, and how to cope with and rebuff unwanted physical and
309+verbal sexual exploitation by other persons individuals.
310+(7) Psychologically sound methods Knowledge and skills
311+to of resisting resist unwanted peer pressure and avoid
312+cyberbullying, sexting, pornography, and online sexual
313+predators, and the potential legal implications of
314+participating in any of the preceding activities .
315+(8) Comprehensive instruction in all of the following:
316+a. Parenting parenting skills and responsibilities,
317+including the responsibility to pay child support by
318+non-custodial parents, the penalties for non-payment of child
319+support, and the legal and ethical responsibilities of child
320+care and child rearing.
321+b. The lifelong impact of youth and teenage pregnancy
322+on the parent, child, and society.
323+c. The benefits of raising children within the context
324+of marriage.
325+d. The options for individuals experiencing unintended
326+pregnancy, the benefits of adoption for both the pregnant
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333-1, 2024.
334-House of Representatives
335-Read for the first time and referred
336-to the House of Representatives
337-committee on Education Policy
338-................20-Feb-24
339-Read for the second time and placed
340-on the calendar:
341- 1 amendment
342-................21-Mar-24
343-Read for the third time and passed
344-as amended
345-................30-Apr-24
346-Yeas 72
347-Nays 22
348-Abstain 6
349-John Treadwell
350-Clerk
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356+pregnancy, the benefits of adoption for both the pregnant
357+youth or teenager and the child, and the associated challenges
358+of parenting, abortion, and adoption decisions.
359+e. Medically sound information relating to fetal growth
360+and development, maternal health, and infant health.
361+f. The educational and financial impact of youth and
362+teenage pregnancies.
363+g. The advantage of a father's involvement in the life
364+of his child.
365+(d)(e) Parents or guardians shall be given advanced,
366+written notification of the teaching of any sex education or
367+of the human reproductive process at least 14 days before the
368+content is taught to students . Upon the request of a parent or
369+guardian and prior to distribution to students, the school
370+shall make available to parents or guardians the sex education
371+curriculum in its entirety and provide each parent or guardian
372+with the opportunity to opt his or her child out from the
373+instruction, with no penalty to the student .
374+(f) Sex education and human reproductive curriculum,
375+advice, or content offered by a public K-12 school may not
376+include any of the following:
377+(1) Information that misrepresents the efficacy of
378+contraception use, demonstrates the use of contraceptive
379+materials, or provides referrals to obtain a contraceptive, or
380+any information about the distribution of a contraceptive.
381+(2) Information or advice that encourages the use of,
382+instructs on how to obtain, or provides a referral to abortion
383+services or the use of an abortifacient.
384+(3) Graphic images, materials, or video footage that
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414+(3) Graphic images, materials, or video footage that
415+are sexually explicit or normalize youth or teenage sexual
416+activity of any kind.
417+(4) Information that explicitly or implicitly promotes
418+any activity or message that encourages youth or teenagers to
419+experiment with nonmarital sexual activity.
420+(g) Local boards of education may not use the services
421+of any individual or organization to assist in teaching about
422+sex education or the human reproductive system if that
423+individual or organization endorses an approach to sex
424+education that does not endorse sexual risk avoidance as the
425+exclusive and unambiguous means of sex education, or if the
426+individual or organization performs abortions, provides
427+referrals to abortion services, or provides funding, advocacy,
428+or other support for abortion.
429+(h)(1) The Attorney General shall have the authority to
430+enforce the provisions of this section by obtaining injunctive
431+relief to require compliance with this section.
432+(2) Notwithstanding Section 36-1-12, the parent or
433+guardian of any student at a public K-12 school may bring a
434+cause of action against any local board of education and any
435+of its agents or employees, including, but not limited to, a
436+superintendent, principal, assistant principal, teacher, or
437+teacher's aide to seek compliance with this section in a court
438+of competent jurisdiction. Available remedies include
439+injunctive relief, attorney fees, and litigation expenses,
440+including witness fees and court costs. "
441+Section 2. This act shall become effective on October
442+1, 2024.
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