HB195ENGROSSED
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HB195
4J94I3R-2
By Representative DuBose
RFD: Education Policy
First Read: 20-Feb-24
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First Read: 20-Feb-24
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 teach sexual risk avoidance and encourage
abstinence from sexual activity; to prohibit the promotion of
abortions or any sexual activity in sex education or human
reproductive systems curriculum; to prohibit demonstrations of
contraceptives in sex education or in human reproductive
systems curriculum; to authorize parents or guardians to opt
their child out of sexual education or human reproductive
system curriculum or programs; and to authorize the Attorney
General to enforce.
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 teach sexual risk avoidance content and , at a
minimum, include and emphasize each of the following:
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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 is the expected social standard best health practice
for unmarried school-age persons individuals.
(3) The advantages of avoiding 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 the most favorable health
outcomes for all Alabama youth by providing information and
skills needed to achieve the benefits of avoiding 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
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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
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 encourage or promote sexual
behavior among youth and teens; and (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 .
(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.
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with pregnancy, childbirth, and child rearing.
b. Abortion, including medically accurate information
regarding the procedure and risks associated with the
procedure, and the abortion law in Alabama.
c. The process of domestic infant adoption, including
the availability of 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 benefits of a child being raised by both
parents, the responsibility to pay child support by a
non-custodial parent or parents, the penalties for non-payment
of child support, and the legal and ethical responsibilities
of child care and child rearing.
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of child care and child rearing.
b. The 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
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.
(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 or demonstrates the use of contraceptive
materials.
(2) Information on how to obtain, or that provides a
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(2) Information on how to obtain, or that provides a
referral to, abortion services.
(3) Images, materials, or video footage that are
sexually explicit.
(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 does not endorse sexual risk
avoidance as the primary 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) The Attorney General shall have the authority to
enforce the provisions of this section by obtaining injunctive
relief to require compliance with this section. "
Section 2. This act shall become effective on October
1, 2024.
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1, 2024.
House of Representatives
Read for the first time and referred
to the House of Representatives
committee on Education Policy
................20-Feb-24
Read for the second time and placed
on the calendar:
1 amendment
................21-Mar-24
Read for the third time and passed
as amended
................30-Apr-24
Yeas 72
Nays 22
Abstain 6
John Treadwell
Clerk
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