HLS 16RS-700 ENGROSSED
2016 Regular Session
HOUSE BILL NO. 402
BY REPRESENTATIVE SMITH
STUDENTS: Authorizes the state Dept. of Education and the Dept. of Health and Hospitals
to survey students regarding certain risk behavior associated with chronic health
conditions
1 AN ACT
2To amend and reenact R.S. 17:281(A)(2), relative to student health; to authorize the state
3 Department of Education and the Department of Health and Hospitals to survey
4 students about risk behavior associated with chronic health conditions; and to
5 provide for related matters.
6Be it enacted by the Legislature of Louisiana:
7 Section 1. R.S. 17:281(A)(2) is hereby amended and reenacted to read as follows:
8 ยง281. Instruction in sex education
9 A.
10 * * *
11 (2)(a) It is the intent of the legislature that, for the purposes of this Section,
12 "sex education" shall mean the dissemination of factual biological or pathological
13 information that is related to the human reproduction system and may include the
14 study of sexually transmitted disease, pregnancy, childbirth, puberty, menstruation,
15 and menopause, as well as the dissemination of factual information about parental
16 responsibilities under the child support laws of the state. It is the intent of the
17 legislature that "sex education" shall not include religious beliefs, practices in human
18 sexuality, nor the subjective moral and ethical judgments of the instructor or other
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 16RS-700 ENGROSSED
HB NO. 402
1 persons. Students shall not be tested, quizzed, or surveyed about their personal or
2 family beliefs or practices in about sex, morality, or religion.
3 (b) Notwithstanding the provisions of Subparagraph (a) of this Paragraph,
4 the following may survey high school students anonymously about their risk
5 behavior associated with chronic health conditions, including those related to sexual
6 health:
7 (i) The state Department of Education.
8 (ii) The Department of Health and Hospitals.
9 (c) Prior to the administration of any survey authorized by the provisions of
10 Subparagraph (b) of this Paragraph, a student's parent or legal guardian shall be
11 provided the opportunity to request that the student be excused from completing the
12 survey.Upon such request, the student shall neither be given nor be required to
13 complete the survey.
14 * * *
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)]
HB 402 Engrossed 2016 Regular Session Smith
Abstract: Authorizes the state Dept. of Education and the Dept. of Health and Hospitals to
survey high school students anonymously about risk behavior associated with
chronic health conditions.
Present law authorizes public schools to offer instruction in "sex education" if such
instruction is integrated into an existing course of study such as biology, science, physical
hygiene, or physical education. Prohibits testing, quizzing, or surveying students about their
personal beliefs or practices in sex, morality, or religion. Proposed law adds an exception
to present law by authorizing the state Dept. of Education and the Dept. of Health and
Hospitals to survey high school students anonymously about their risk behavior associated
with chronic health conditions, including those related to sexual health. Provides that prior
to survey administration, a student's parent or legal guardian shall be provided the
opportunity to request that he be excused from completing the survey and that upon such
request, the student shall neither be given nor be required to complete the survey. Otherwise
retains present law.
(Amends R.S. 17:281(A)(2))
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 16RS-700 ENGROSSED
HB NO. 402
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Education to the
original bill:
1. Limit students who may be surveyed to those in high school and require that
survey be anonymous.
2. Add requirement that parents be given the opportunity to "opt out" prior to
survey administration.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.