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Regular Session, 2012
HOUSE BILL NO. 820
BY REPRESENTATIVE SMITH
CURRICULA: Requires rather than authorizes sex education instruction 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 identity, dating,12
relationships, and family life and provides students with the information and skills13
they need to develop positive values, make good decisions, and respect the important14
role sexuality plays throughout a person's life. Effective sex education instruction15
is part of a broader instruction program preparing young people to reach intellectual16
and emotional maturity.17
B. For the purposes of this Section, the following terms shall have the18
following meanings:19
(1) "Age appropriate" means topics, messages, and teaching methods20
suitable to particular ages or age groups of children and adolescents, based on21 HLS 12RS-1399 ORIGINAL
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developing cognitive, emotional, and behavioral capacity typical for the age or age1
group.2
(2) "Medically accurate" means supported by peer-reviewed research3
conducted in compliance with accepted scientific methods and recognized as4
accurate by leading professional organizations and agencies with relevant5
experience, such as the American Medical Association.6
C.(1) Beginning with the 2013-2014 school year and continuing thereafter,7
the governing authority of each public elementary and secondary school shall8
provide students, each year, medically accurate, developmentally appropriate, and9
age appropriate instruction, relative to sex education.10
(2) Such instruction, as appropriate, shall include the following:11
(a) Information about human sexuality as a normal and healthy aspect of12
human development.13
(b) Information stressing that abstinence is the most reliable way to prevent14
pregnancy and sexually transmitted diseases.15
(c) The health benefits, side effects, and proper use of contraceptives16
approved by the federal Food and Drug Administration to prevent unintended17
pregnancy and of barrier methods approved by the United States Food and Drug18
Administration to prevent sexually transmitted infections.19
(d) Information which helps students develop relationship and20
communication skills necessary to form healthy, age appropriate relationships21
throughout their lives based on mutual respect and affection and free from violence,22
coercion, and intimidation.23
(e) Lessons to help students develop skills in critical thinking, problem24
solving, decisionmaking, and stress management in order to make responsible25
decisions about sexuality and relationships.26
(f) Emphasis on encouraging students to communicate with their parents,27
guardians, and other trusted adults about sexuality and intimate relations.28 HLS 12RS-1399 ORIGINAL
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(3) The governing authority of each public school shall make sex education1
curriculum materials available to parents and legal guardians upon request.2
(4) A student shall be excused from sex education instruction upon the3
written request of a parent or legal guardian, and such student shall not be subject to4
disciplinary action, academic penalty, or any other sanction.5
D. No part of sex education instruction shall in any way advocate or support6
abortion.7
E. The State Board of Elementary and Secondary Education shall be8
responsible for the following:9
(1) Prescribing guidelines and recommending suitable curricula and teaching10
materials for the required instruction.11
(2) Requiring minimum qualifications and training for teachers who provide12
sex education instruction.13
(3) Adopting rules and regulations in accordance with the Administrative14
Procedure Act to implement the provisions of this Section.15
F. A public school governing authority may accept federal funds relative to16
sex education instruction only when the use of such funds does not violate the17
provisions of this Section.18
Section 2. R.S. 17:3996(B)(15) is hereby amended and reenacted to read as follows:19
§3996. Charter schools; exemptions20
* * *21
B. Notwithstanding any state law, rule, or regulation to the contrary and22
except as may be otherwise specifically provided for in an approved charter, a23
charter school established and operated in accordance with the provisions of this24
Chapter and its approved charter and the school's officers and employees shall be25
exempt from all statutory mandates or other statutory requirements that are26
applicable to public schools and to public school officers and employees except for27
the following laws otherwise applicable to public schools with the same grades:28
* * *29 HLS 12RS-1399 ORIGINAL
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(15) Teaching regarding sex, R.S. 17:281. R.S. 17:264.1
* * *2
Section 3. R.S. 17:281 is hereby repealed in its entirety.3
Section 4. Sections 2 and 3 of this Act shall become effective on July 1, 2013.4
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)]
Smith HB No. 820
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, 2013, and requires, as of the 2013-2014 school year,
public school governing authorities to provide instruction in sex education each year to
students. 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)Information stressing that abstinence is the most reliable way to prevent pregnancy
and sexually transmitted diseases.
(3) The health benefits, side effects, and proper use of contraceptives approved by the
U.S. Food and Drug Administration (FDA) to prevent unintended pregnancy and of
FDA-approved barrier methods to prevent sexually transmitted infections.
(4)Information which helps students develop skills necessary to form healthy, age
appropriate relationships.
(5)Lessons to help students develop skills in critical thinking, problem solving,
decisionmaking, and stress management.
(6)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 the State
Board of Elementary and Secondary Education (BESE) to prescribe guidelines and
recommend curricula and teaching materials; to prescribe qualifications and training 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)