HLS 14RS-519 ORIGINAL
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Regular Session, 2014
HOUSE BILL NO. 369
BY REPRESENTATIVE SMITH
CURRICULA: Provides relative to sex education instruction in public schools
AN ACT1
To amend and reenact R.S. 17:3996(B)(15), to enact R.S. 17:267, and to repeal R.S. 17:281,2
relative to sex education instruction in public schools; to require rather than3
authorize sex education in public schools; to provide for guidelines and curricula for4
such instruction; to provide for definitions; to provide for applicability; to provide5
for rules and regulations; to provide for effectiveness; and to provide for related6
matters.7
Be it enacted by the Legislature of Louisiana:8
Section 1. R.S. 17:267 is hereby enacted to read as follows:9
§267. 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 HLS 14RS-519 ORIGINAL
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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) The governing authority of each public elementary and secondary9
school shall provide students, each year, medically accurate, developmentally10
appropriate, and age appropriate instruction, relative to sex education.11
(2) Such instruction, as appropriate, shall include the following:12
(a) Information about human sexuality as a normal and healthy aspect of13
human development.14
(b) Information stressing that abstinence is the most reliable way to prevent15
pregnancy and sexually transmitted diseases.16
(c) The health benefits, side effects, and proper use of contraceptives17
approved by the federal Food and Drug Administration to prevent unintended18
pregnancy and of barrier methods approved by the United States Food and Drug19
Administration to prevent sexually transmitted infections.20
(d) Information which helps students develop relationship and21
communication skills necessary to form healthy, age appropriate relationships22
throughout their lives based on mutual respect and affection and free from violence,23
coercion, and intimidation.24
(e) Lessons to help students develop skills in critical thinking, problem25
solving, decision making, and stress management in order to make responsible26
decisions about sexuality and relationships.27
(f) Emphasis on encouraging students to communicate with their parents,28
guardians, and other trusted adults about sexuality and intimate relations.29 HLS 14RS-519 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; exemptions; requirements20
* * *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 14RS-519 ORIGINAL
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(15) Teaching regarding sex, R.S. 17:281 17:267.1
* * *2
Section 3. R.S. 17:281 is hereby repealed in its entirety.3
Section 4. This Act shall become effective on July 1, 2015.4
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. 369
Abstract: Requires rather than authorizes sex education in public schools.
Present law authorizes any public elementary or secondary school, including a charter
school, to offer instruction in sex education in grades seven and above, provided such
instruction and subject matter is integrated into an existing course of study. Provides that
the content of such instruction is limited to scientific information and shall not include
religious beliefs, practices in human sexuality, or subjective moral and ethical judgments.
Provides that the major emphasis of any sex education instruction shall be to encourage
sexual abstinence between unmarried persons.
Proposed law requires public school governing authorities, including those of charter
schools, 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, decision
making, and stress management.
(6)Emphasis on encouraging students to communicate with parents about sexuality and
intimate relations.
Present law provides that the qualifications for all teachers or instructors in sex education
shall be established and the selection of all such teachers or instructors shall be made by the
school board. Requires approval of materials to be used by the school board and a parental
review committee.
Proposed law requires public school governing authorities to make sex education materials
available to parents. Requires the State Board of Elementary and Secondary Education HLS 14RS-519 ORIGINAL
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(BESE) to prescribe guidelines and recommend curricula and teaching materials, to prescribe
qualifications and training for instructors, and to adopt rules and regulations.
Present law excuses students from instruction upon parental request. 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. Proposed law retains present law.
(Amends R.S. 17:3996(B)(15); Adds R.S. 17:267; Repeals R.S. 17:281)