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Regular Session, 2010
HOUSE BILL NO. 529
BY REPRESENTATIVE PATRICIA SMITH
CURRICULA: Requires instruction with respect to sex education in public schools
AN ACT1
To amend and reenact R.S. 17:3996(B)(15), to enact R.S. 17:264, and to repeal R.S. 17:281,2
relative to sex education instruction in public schools; to require rather than3
authorize sex education instruction in public schools; to provide for guidelines and4
curricula for such instruction; to provide for definitions; to provide for applicability;5
to provide for rules and regulations; to provide for effectiveness; and to provide for6
related matters.7
Be it enacted by the Legislature of Louisiana:8
Section 1. R.S. 17:264 is hereby enacted to read as follows:9
§264. Sex education; required instruction10
A. The legislature finds that sex education promotes healthy attitudes11
concerning growth and development, body image, gender roles, sexual orientation,12
dating, relationships, and family and provides students with the information and13
skills they need to develop positive values, make good decisions, and respect the14
important role sexuality plays throughout a person's life. Effective sex education15
instruction is part of a broader instruction program preparing young people to reach16
intellectual and emotional maturity.17
B. For the purposes of this Section, the following terms shall have the18
following meanings:19 HLS 10RS-1295 ENGROSSED
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(1) "Age appropriate" means topics, messages, and teaching methods1
suitable to particular ages or age groups of children and adolescents, based on2
developing cognitive, emotional, and behavioral capacity typical for the age or age3
group.4
(2) "Medically accurate" means supported by peer-reviewed research5
conducted in compliance with accepted scientific methods and recognized as6
accurate by leading professional organizations and agencies with relevant7
experience, such as the American Medical Association.8
C.(1) Beginning with the 2011-2012 school year and continuing thereafter,9
the governing authority of each public school shall provide each year to students in10
grades four through twelve medically accurate, developmentally appropriate, and age11
appropriate instruction, relative to sex education.12
(2) Such instruction, as appropriate, shall include the following:13
(a) Information about human sexuality as a normal and healthy aspect of14
human development.15
(b) The benefits of abstinence and delaying sexual activity and the16
importance of effectively using contraceptives and barrier methods to prevent17
unintended pregnancy and to protect against sexually transmitted infections.18
(c) Information which helps students develop the relationship and19
communication skills necessary to form healthy, age appropriate relationships20
throughout their lives based on mutual respect and affection and free from violence,21
coercion, and intimidation.22
(d) Lessons to help students develop skills in critical thinking, problem23
solving, decision making, and stress management in order to make responsible24
decisions about sexuality and relationships.25
(e) Emphasis on encouraging students to communicate with their parents,26
guardians, and other trusted adults about sexuality and intimate relations.27
(3) The governing authority of each public school shall make sex education28
curriculum materials available to parents and legal guardians upon request.29 HLS 10RS-1295 ENGROSSED
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(4) A student shall be excused from sex education instruction upon the1
written request of a parent or legal guardian, and such student shall not be subject to2
disciplinary action, academic penalty, or any other sanction.3
D. No part of sex education instruction shall in any way advocate or support4
abortion.5
E. The State Board of Elementary and Secondary Education shall be6
responsible for the following:7
(1) Prescribing guidelines and suitable curricula and teaching materials for8
the required instruction.9
(2) Requiring minimum qualifications for teachers who provide sex10
education instruction.11
(3) Adopting rules and regulations in accordance with the Administrative12
Procedure Act to implement the provisions of this Section.13
F. A public school governing authority may accept federal funds relative to14
sex education instruction only when the use of such funds does not violate the15
provisions of this Section.16
Section 2. R.S. 17:3996(B)(15) is hereby amended and reenacted to read as follows:17
§3996. Charter schools; exemptions18
* * *19
B. Notwithstanding any state law, rule, or regulation to the contrary and20
except as may be otherwise specifically provided for in an approved charter, a21
charter school established and operated in accordance with the provisions of this22
Chapter and its approved charter and the school's officers and employees shall be23
exempt from all statutory mandates or other statutory requirements that are24
applicable to public schools and to public school officers and employees except for25
the following laws otherwise applicable to public schools with the same grades:26
* * *27
(15) Teaching regarding sex, R.S. 17:281. R.S. 17:264.28
* * *29 HLS 10RS-1295 ENGROSSED
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Section 3. R.S. 17:281 is hereby repealed in its entirety.1
Section 4. Sections 2 and 3 of this Act shall become effective on July 1, 2011.2
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Patricia Smith HB No. 529
Abstract: Requires rather than authorizes sex education in public schools.
Present law authorizes instruction in sex education as a permitted course of study. Proposed
law repeals present law effective July 1, 2011, and requires, as of the 2011-2012 school year,
public school governing authorities to provide instruction in sex education each year to
students in grades four through 12. Specifies that such instruction be medically accurate
and developmentally and age appropriate and include the following:
(1)Information about human sexuality as a normal and healthy aspect of human
development.
(2)Benefits of abstinence and delaying sexual activity and importance of using
contraceptives and barrier methods to prevent unintended pregnancy and sexually
transmitted infections.
(3)Information which helps students develop skills necessary to form healthy, age
appropriate relationships.
(4)Lessons to help students develop skills in critical thinking, problem solving, decision
making, and stress management.
(5)Emphasis on encouraging students to communicate with parents about sexuality and
intimate relations.
Requires public school governing authorities to make sex education materials available to
parents and excuses students from instruction upon parental request. Requires BESE to
prescribe guidelines, curricula, and teaching materials; to prescribe qualifications for
instructors; and to adopt rules and regulations.
Provides that no part of sex education instruction shall in any way advocate or support
abortion and authorizes public school governing authorities to accept federal funds when
their use does not violate proposed law.
(Amends R.S. 17:3996(B)(15); Adds R.S. 17:264; Repeals R.S. 17:281)