13 | 13 | | A BILL TO BE ENTITLED 1 |
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14 | 14 | | AN ACT TO PROVIDE CHANGES TO THE STANDARD COURSE OF STUDY IN 2 |
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15 | 15 | | HEALTH EDUCATION, ENSURE AGE -APPROPRIATE INSTRUCTION FOR 3 |
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16 | 16 | | STUDENTS, ESTABLISH A PROCESS FOR SELECTION OF LIBRARY BOOKS AND 4 |
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17 | 17 | | HEALTH AND SAFETY INSTRUCTIONAL AND SUPPLEMENTAL MATERIALS, 5 |
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18 | 18 | | REQUIRE INSTRUCTIONAL MATERIAL REPOSITORIES, AND RESTRICT ACCESS 6 |
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19 | 19 | | IN PUBLIC LIBRARIES FOR STUDENTS TO MATERIALS HARMFUL TO MINORS. 7 |
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20 | 20 | | The General Assembly of North Carolina enacts: 8 |
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21 | 21 | | 9 |
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22 | 22 | | PART I. STANDARD COURSE OF STUDY CHANGES 10 |
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23 | 23 | | SECTION 1.1. Article 8 of Chapter 115C of the General Statutes is amended by 11 |
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24 | 24 | | adding a new section to read: 12 |
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25 | 25 | | "§ 115C-81.16. Age-appropriate instruction for students. 13 |
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26 | 26 | | (a) Instruction on gender identity, sexual activity, or sexuality shall not be included in the 14 |
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27 | 27 | | curriculum provided in grades kindergarten through sixth grade, regardless of whether the 15 |
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28 | 28 | | information is provided by school personnel or third parties. For the purposes of this section, 16 |
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29 | 29 | | curriculum includes the standard course of study and support materials, locally developed 17 |
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30 | 30 | | curriculum, supplemental instruction, and textbooks and other supplementary materials, but does 18 |
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31 | 31 | | not include verbal responses to student-initiated questions. Instruction provided in accordance 19 |
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32 | 32 | | with G.S. 115C-81.29 with parental consent does not violate this section. 20 |
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33 | 33 | | (b) A student in grades seven through 12 shall not participate in instruction on gender 21 |
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34 | 34 | | identity, sexual activity, or sexuality without the prior written consent of the student's parent or 22 |
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35 | 35 | | legal guardian. Each governing board of a public school unit shall adopt a policy and provide a 23 |
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36 | 36 | | mechanism to allow a parent or a legal guardian to consent to instruction required under this 24 |
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37 | 37 | | section on an annual basis." 25 |
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38 | 38 | | SECTION 1.2. G.S. 115C-81.25 reads as rewritten: 26 |
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39 | 39 | | "§ 115C-81.25. Health education. 27 |
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40 | 40 | | (a) Comprehensive health education instruction shall be developed and taught to students 28 |
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41 | 41 | | from kindergarten through ninth grade. 29 |
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42 | 42 | | (b) The State Board of Education shall do all of the following: 30 |
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43 | 43 | | (1) Supervise the development and operation of the statewide comprehensive 31 |
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44 | 44 | | school health education program, including curriculum development, teacher 32 |
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45 | 45 | | professional development, promotion of training in teacher preparation 33 |
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46 | 46 | | programs, learning material review, and assessment and evaluation of local 34 |
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49 | 52 | | (2) Adopt objectives for the instruction of the subject areas listed in this section 1 |
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50 | 53 | | that are appropriate for each grade level. 2 |
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51 | 54 | | (3) Approve textbooks and other materials incorporating these objectives that 3 |
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52 | 55 | | local school administrative units may purchase with State funds. 4 |
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53 | 56 | | (c) The State Board of Education, through the Department of Public Instruction, shall, on 5 |
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54 | 57 | | a regular basis, review materials related to these objectives and distribute these reviews to local 6 |
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55 | 58 | | school administrative units for their information. This program includes age-appropriate 7 |
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56 | 59 | | instruction in the following subject areas, regardless of whether this instruction is described as, 8 |
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57 | 60 | | or incorporated into a description of, "family life education," "family health education," "health 9 |
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58 | 61 | | education," "family living," "health," "healthful living curriculum," or "self-esteem": 10 |
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59 | 62 | | (1) Mental and emotional health. 11 |
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60 | 63 | | (2) Drug and alcohol abuse prevention. 12 |
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61 | 64 | | (3) Nutrition. 13 |
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62 | 65 | | (4) Dental health. 14 |
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63 | 66 | | (5) Environmental health. 15 |
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64 | 67 | | (6) Family living. 16 |
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65 | 68 | | (7) Consumer health. 17 |
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66 | 69 | | (8) Disease control. 18 |
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67 | 70 | | (9) Growth and development.development, consistent with the requirements of 19 |
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68 | 71 | | G.S. 115C-81.29. 20 |
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69 | 72 | | (10) First aid and emergency care, including the teaching of cardiopulmonary 21 |
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70 | 73 | | resuscitation (CPR) and the Heimlich maneuver by using hands-on training 22 |
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71 | 74 | | with mannequins so that students pass a test approved by the American Heart 23 |
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72 | 75 | | Association or American Red Cross. For the purposes of this subdivision, 24 |
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73 | 76 | | schools shall do all of the following: 25 |
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74 | 77 | | a. Use an instructional program developed by the American Heart 26 |
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75 | 78 | | Association, the American Red Cross, or other nationally recognized 27 |
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76 | 79 | | programs that is based on the most current national evidence-based 28 |
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77 | 80 | | emergency cardiovascular care guidelines for CPR. 29 |
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78 | 81 | | b. Maintain documentation in an electronic database that students have 30 |
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79 | 82 | | successfully completed CPR instruction to meet healthful living 31 |
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80 | 83 | | essential standards. 32 |
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81 | 84 | | c. Require successful completion of instruction in CPR to be a 33 |
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82 | 85 | | requirement for high school graduation by the 2014-2015 school year. 34 |
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83 | 86 | | (11) Preventing sexually transmitted diseases, including HIV/AIDS, and other 35 |
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84 | 87 | | communicable diseases. As used in this section, "HIV/AIDS" means Human 36 |
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85 | 88 | | Immunodeficiency Virus/Acquired Immune Deficiency Syndrome. 37 |
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86 | 89 | | (12) Reproductive health and safety education. 38 |
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87 | 90 | | (13) Bicycle safety. 39 |
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88 | 91 | | (d) Parental Review. – The State Board of Education shall make available to all local 40 |
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89 | 92 | | school administrative units for review by the parents and legal guardians of students enrolled at 41 |
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90 | 93 | | those units any State-developed objectives for instruction, any approved textbooks, the list of 42 |
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91 | 94 | | reviewed materials, and any other State-developed or approved materials that pertain to or are 43 |
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92 | 95 | | intended to impart information or promote discussion or understanding in regard to the 44 |
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93 | 96 | | prevention of sexually transmitted diseases, including HIV/AIDS, to the avoidance of 45 |
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94 | 97 | | out-of-wedlock pregnancy, or to the reproductive health and safety education curriculum. The 46 |
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95 | 98 | | review period shall extend for at least 60 days before use. 47 |
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96 | 99 | | (e) Duty of Local School Administrative Units. – Each local school administrative unit 48 |
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97 | 100 | | shall provide a comprehensive school health education program that meets all the requirements 49 |
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98 | 101 | | of this section and all the objectives established by the State Board. Each local board of education 50 General Assembly Of North Carolina Session 2025 |
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100 | 103 | | may expand on the subject areas to be included in the program and on the instructional objectives 1 |
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101 | 104 | | to be met." 2 |
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102 | 105 | | SECTION 1.3. Article 8 of Chapter 115C of the General Statutes is amended by 3 |
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103 | 106 | | adding a new section to read: 4 |
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104 | 107 | | "§ 115C-81.29. Human growth and development for elementary school students. 5 |
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105 | 108 | | (a) Each public school unit shall provide a human growth and development program in 6 |
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106 | 109 | | grades four and five. Materials used in this instruction shall be age-appropriate for use with 7 |
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107 | 110 | | students and shall not include information on gender identity, sexual activity, or sexuality. 8 |
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108 | 111 | | Information conveyed during the instruction shall be objective and based upon scientific research 9 |
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109 | 112 | | that is peer-reviewed and accepted by professionals and credentialed experts in any of the 10 |
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110 | 113 | | following fields: medicine, human anatomy, biology, or health education. A human growth and 11 |
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111 | 114 | | development program provided by the public school unit shall do the following: 12 |
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112 | 115 | | (1) Fourth grade. – Students in fourth grade shall be instructed in single-sex 13 |
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113 | 116 | | student groups as follows: 14 |
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114 | 117 | | a. Summarize biological changes during puberty. 15 |
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115 | 118 | | b. Recognize that individuals experience puberty at different rates. 16 |
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116 | 119 | | (2) Fifth grade. – Students in fifth grade shall be instructed in single-sex student 17 |
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117 | 120 | | groups as follows: 18 |
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118 | 121 | | a. Recall that puberty is characterized by the development of secondary 19 |
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119 | 122 | | sex characteristics and onset of reproductive capacity. 20 |
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120 | 123 | | b. Differentiate between accurate and inaccurate sources of information 21 |
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121 | 124 | | about puberty and development. 22 |
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122 | 125 | | c. Summarize the functions of the male and female reproductive systems. 23 |
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123 | 126 | | d. Illustrate how societal influences can impact reproductive health 24 |
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124 | 127 | | behavioral choices and consequences. 25 |
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125 | 128 | | e. Summarize normal weight gain and body changes during puberty. 26 |
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126 | 129 | | (b) Each governing body of a public school unit shall adopt a policy and provide a 27 |
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127 | 130 | | mechanism to allow a parent or a legal guardian to consent to instruction required under this 28 |
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128 | 131 | | section on an annual basis. A student shall not participate in instruction required under this 29 |
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129 | 132 | | section without the prior written consent of the student's parent or legal guardian. 30 |
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130 | 133 | | (c) In implementing this section, a governing body of a public school unit shall not 31 |
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131 | 134 | | expand beyond the subject areas provided in this section." 32 |
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132 | 135 | | SECTION 1.4. G.S. 115C-81.30 reads as rewritten: 33 |
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133 | 136 | | "§ 115C-81.30. Reproductive health and safety education provided by local public school 34 |
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134 | 137 | | administrative units. 35 |
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135 | 138 | | (a) Reproductive health and safety education shall not be provided prior to seventh grade. 36 |
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136 | 139 | | Each local public school administrative unit shall provide a reproductive health and safety 37 |
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137 | 140 | | education program commencing in the seventh grade. Materials used in this instruction shall be 38 |
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138 | 141 | | age-appropriate for use with students. Law enforcement agencies, criminal justice agencies, and 39 |
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139 | 142 | | nongovernmental organizations with experience in sex-trafficking prevention and awareness may 40 |
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140 | 143 | | provide materials and information. Information conveyed during the instruction shall be 41 |
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141 | 144 | | objective and based upon scientific research that is peer reviewed and accepted by professionals 42 |
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142 | 145 | | and credentialed experts in any of the following fields: sexual health education, adolescent 43 |
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143 | 146 | | psychology, behavioral counseling, medicine, human anatomy, biology, ethics, or health 44 |
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144 | 147 | | education. Reproductive health and safety instruction provided by the local public school 45 |
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145 | 148 | | administrative units shall do the following: 46 |
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146 | 149 | | (1) Teach that abstinence from sexual activity outside of marriage is the expected 47 |
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147 | 150 | | standard for all school-age children. 48 |
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148 | 151 | | (2) Present techniques and strategies to deal with peer pressure and offering 49 |
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149 | 152 | | positive reinforcement. 50 General Assembly Of North Carolina Session 2025 |
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151 | 154 | | (3) Present reasons, skills, and strategies for remaining or becoming abstinent 1 |
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152 | 155 | | from sexual activity. 2 |
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153 | 156 | | (4) Teach that abstinence from sexual activity is the only certain means of 3 |
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154 | 157 | | avoiding out-of-wedlock pregnancy, sexually transmitted diseases when 4 |
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155 | 158 | | transmitted through sexual contact, including HIV/AIDS, and other associated 5 |
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156 | 159 | | health and emotional problems. As used in this section, "HIV/AIDS" means 6 |
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157 | 160 | | Human Immunodeficiency Virus/Acquired Immune Deficiency Syndrome. 7 |
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158 | 161 | | (5) Teach that a mutually faithful monogamous heterosexual relationship in the 8 |
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159 | 162 | | context of marriage is the best lifelong means of avoiding sexually transmitted 9 |
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160 | 163 | | diseases, including HIV/AIDS. 10 |
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161 | 164 | | (6) Teach the positive benefits of abstinence until marriage and the risks of 11 |
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162 | 165 | | premarital sexual activity. 12 |
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163 | 166 | | (7) Provide opportunities that allow for interaction between the parent or legal 13 |
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164 | 167 | | guardian and the student. 14 |
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165 | 168 | | (8) Provide factually accurate biological or pathological information that is 15 |
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166 | 169 | | related to the human reproductive system. 16 |
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167 | 170 | | (9) Teach about the preventable risks for preterm birth in subsequent pregnancies, 17 |
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168 | 171 | | including induced abortion, smoking, alcohol consumption, the use of illegal 18 |
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169 | 172 | | drugs, and inadequate prenatal care. 19 |
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170 | 173 | | (10) Teach about sexually transmitted diseases. Instruction shall include how 20 |
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171 | 174 | | sexually transmitted diseases are and are not transmitted, the effectiveness and 21 |
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172 | 175 | | safety of all federal Food and Drug Administration (FDA)-approved methods 22 |
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173 | 176 | | of reducing the risk of contracting sexually transmitted diseases, and 23 |
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174 | 177 | | information on local resources for testing and medical care for sexually 24 |
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175 | 178 | | transmitted diseases. Instruction shall include the rates of infection among 25 |
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176 | 179 | | pre-teen and teens of each known sexually transmitted disease and the effects 26 |
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177 | 180 | | of contracting each sexually transmitted disease. In particular, the instruction 27 |
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178 | 181 | | shall include information about the effects of contracting the Human 28 |
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179 | 182 | | Papilloma Virus, including sterility and cervical cancer. 29 |
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180 | 183 | | (11) Teach about the effectiveness and safety of all FDA-approved contraceptive 30 |
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181 | 184 | | methods in preventing pregnancy. 31 |
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182 | 185 | | (12) Teach awareness of sexual assault, sexual abuse, and risk reduction. The 32 |
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183 | 186 | | instruction and materials shall: 33 |
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184 | 187 | | a. Focus on healthy relationships. 34 |
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185 | 188 | | b. Teach students what constitutes sexual assault and sexual abuse, the 35 |
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186 | 189 | | causes of those behaviors, and risk reduction. 36 |
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187 | 190 | | c. Inform students about resources and reporting procedures if they 37 |
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188 | 191 | | experience sexual assault or sexual abuse. 38 |
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189 | 192 | | d. Examine common misconceptions and stereotypes about sexual 39 |
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190 | 193 | | assault and sexual abuse. 40 |
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191 | 194 | | (13) Teach about sex trafficking prevention and awareness. Each local public 41 |
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192 | 195 | | school administrative unit shall: 42 |
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193 | 196 | | a. Collaborate with a diverse group of outside consultants where 43 |
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194 | 197 | | practical, including law enforcement with expertise in sex-trafficking 44 |
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195 | 198 | | prevention education, to address the threats of sex trafficking. 45 |
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196 | 199 | | b. Collaborate with a diverse group of outside consultants, including law 46 |
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197 | 200 | | enforcement with expertise in sex trafficking, on a referral protocol for 47 |
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198 | 201 | | high-risk pupils and minors. 48 |
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199 | 202 | | (b) Each local board of education governing body of a public school unit shall adopt a 49 |
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200 | 203 | | policy and provide a mechanism to allow a parent or a legal guardian to withdraw his or her child 50 |
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201 | 204 | | from consent annually to instruction required under subdivisions (10) through (13) of subsection 51 General Assembly Of North Carolina Session 2025 |
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203 | 206 | | (a) of this section. A student shall not participate in instruction required under subdivisions (10) 1 |
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204 | 207 | | through (13) of subsection (a) of this section without the prior written consent of the student's 2 |
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205 | 208 | | parent or legal guardian. 3 |
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206 | 209 | | (c) Parental Review and Consent. – Each school year, before students may participate in 4 |
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207 | 210 | | any portion of (i) a program that pertains to or is intended to impart information or promote 5 |
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208 | 211 | | discussion or understanding in regard to the prevention of sexually transmitted diseases, 6 |
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209 | 212 | | including HIV/AIDS, or to the avoidance of out-of-wedlock pregnancy or (ii) a reproductive 7 |
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210 | 213 | | health and safety education program, whether developed by the State or by the local board of 8 |
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211 | 214 | | education, governing body of the public school unit, the parents and legal guardians of those 9 |
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212 | 215 | | students shall be given an opportunity to review the objectives and materials as provided in 10 |
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213 | 216 | | G.S. 115C-81.25(d). Local boards of education Governing bodies of public school units shall 11 |
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214 | 217 | | adopt policies to provide opportunities either for parents and legal guardians to consent or for 12 |
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215 | 218 | | parents and legal guardians to withhold their consent annually to the students' participation in 13 |
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216 | 219 | | any or all of these programs. A student shall not participate in any program referenced in this 14 |
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217 | 220 | | section without the prior written consent of the student's parent or legal guardian. 15 |
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218 | 221 | | (d) Information on Contraceptives and Abortion Referral Services. – Students may 16 |
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219 | 222 | | receive information about where to obtain contraceptives and abortion referral services only in 17 |
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220 | 223 | | accordance with a local board's policy regarding with written parental consent. Any instruction 18 |
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221 | 224 | | concerning the use of contraceptives or prophylactics shall provide accurate statistical 19 |
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222 | 225 | | information on their effectiveness and failure rates for preventing pregnancy and sexually 20 |
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223 | 226 | | transmitted diseases, including HIV/AIDS, in actual use among adolescent populations and shall 21 |
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224 | 227 | | explain clearly the difference between risk reduction and risk elimination through abstinence. 22 |
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225 | 228 | | The Department of Health and Human Services shall provide the most current available 23 |
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226 | 229 | | information at the beginning of each school year. 24 |
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227 | 230 | | (e) Prohibition on Distribution of Contraceptives. – Contraceptives, including condoms 25 |
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228 | 231 | | and other devices, shall not be made available or distributed on school property. 26 |
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229 | 232 | | (f) School Health Coordinators. – School health coordinators may be employed to assist 27 |
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230 | 233 | | in the instruction of any portion of the comprehensive school health education program. Where 28 |
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231 | 234 | | feasible, a school health coordinator should serve more than one local school administrative unit. 29 |
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232 | 235 | | Each person initially employed as a State-funded school health coordinator after June 30, 1987, 30 |
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233 | 236 | | shall have a degree in health education. 31 |
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234 | 237 | | (g) Duty of Local Public School Administrative Units. – Each local public school 32 |
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235 | 238 | | administrative unit shall provide a comprehensive school health education program that meets 33 |
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236 | 239 | | all the requirements of this section and all the objectives established by the State Board. Each 34 |
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237 | 240 | | local board of education may expand on the subject areas to be included in the program and on 35 |
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238 | 241 | | the instructional objectives to be met." 36 |
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239 | 242 | | SECTION 1.5. In adopting new or revised K-12 Healthful Living standards, the 37 |
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240 | 243 | | State Board of Education shall incorporate the requirements of G.S. 115C-98.1, as enacted by 38 |
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241 | 244 | | this act, in the Standard Course of Study, and shall not add any additional standards for the human 39 |
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242 | 245 | | growth and development program in grades four and five or for the reproductive health and safety 40 |
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243 | 246 | | education program commencing in seventh grade. 41 |
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244 | 247 | | 42 |
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245 | 248 | | PART II. INSTRUCTIONAL MATERIALS 43 |
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246 | 249 | | SECTION 2.1. G.S. 115C-85 reads as rewritten: 44 |
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247 | 250 | | "§ 115C-85. Textbook needs are determined by course of study. 45 |
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248 | 251 | | (a) When the State Board of Education has adopted, upon the recommendation of the 46 |
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249 | 252 | | Superintendent of Public Instruction, a standard course of study at each instructional level in the 47 |
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250 | 253 | | elementary school and the secondary school, setting forth what subjects shall be taught at each 48 |
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251 | 254 | | level, it shall proceed to select and adopt textbooks. 49 |
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252 | 255 | | (b) As used in this part, "textbook" Part, the following definitions apply: 50 |
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253 | 256 | | (1) – (3) Reserved for future codification purposes. 51 General Assembly Of North Carolina Session 2025 |
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255 | 258 | | (4) Health and safety program means any instruction, curricula, or materials 1 |
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256 | 259 | | intended to impart information or promote discussion or understanding 2 |
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257 | 260 | | regarding any of the following, including instruction, curricula, or materials 3 |
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258 | 261 | | implemented to comply with any federal law, regulation, or guidance: 4 |
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259 | 262 | | a. Reproductive health and safety, as provided in G.S. 115C-81.30. 5 |
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260 | 263 | | b. Mental and emotional health, as provided in G.S. 115C-81.25(c)(1). 6 |
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261 | 264 | | c. Growth and development, as provided in G.S. 115C-81.25(c)(9) and 7 |
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262 | 265 | | G.S. 115C-81.29. 8 |
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263 | 266 | | d. Anti-bullying or anti-harassment. 9 |
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264 | 267 | | (5) – (7) Reserved for future codification purposes. 10 |
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265 | 268 | | (8) Textbook means systematically organized material comprehensive enough to 11 |
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266 | 269 | | cover the primary objectives outlined in the standard course of study for a 12 |
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267 | 270 | | grade or course. Formats for textbooks may be print or nonprint, including 13 |
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268 | 271 | | hardbound books, softbound books, activity-oriented programs, classroom 14 |
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269 | 272 | | kits, and technology-based programs that require the use of electronic 15 |
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270 | 273 | | equipment in order to be used in the learning process. 16 |
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271 | 274 | | (c) Textbooks adopted in accordance with the provisions of this Part shall be used by the 17 |
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272 | 275 | | public schools of the State except as provided in G.S. 115C-98(b1)." 18 |
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273 | 276 | | SECTION 2.2. G.S. 115C-98 reads as rewritten: 19 |
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274 | 277 | | "§ 115C-98. Local boards of education Public school units to provide for local operation of 20 |
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275 | 278 | | the textbook program, the selection and procurement of other instructional 21 |
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276 | 279 | | materials, and the use of nonadopted textbooks. 22 |
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277 | 280 | | (a) Local boards of education Governing bodies of public school units shall adopt rules 23 |
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278 | 281 | | not inconsistent with the policies of the State Board of Education concerning the local operation 24 |
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279 | 282 | | of the textbook program. 25 |
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280 | 283 | | (b) Local boards of education Governing bodies shall adopt written policies concerning 26 |
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281 | 284 | | the procedures to be followed in their local school administrative units for the selection and 27 |
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282 | 285 | | procurement of supplementary textbooks, library books, periodicals, audiovisual materials, and 28 |
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283 | 286 | | other supplementary instructional materials needed for instructional purposes in the public 29 |
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284 | 287 | | schools of their units.units, consistent with the requirements of G.S. 115C-98.1. Public school 30 |
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285 | 288 | | units shall adopt library materials as provided in G.S. 115C-98.2. 31 |
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286 | 289 | | Local boards of education Governing bodies shall have sole authority to select and procure 32 |
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287 | 290 | | supplementary instructional materials, whether or not the materials contain commercial 33 |
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288 | 291 | | advertising, to determine if the materials are related to and within the limits of the prescribed 34 |
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289 | 292 | | curriculum, and to determine when the materials may be presented to students during the school 35 |
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290 | 293 | | day. Supplementary materials and contracts for supplementary materials are not subject to 36 |
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291 | 294 | | approval by the State Board of Education. 37 |
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292 | 295 | | Supplementary books and other instructional materials shall neither displace nor be used to 38 |
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293 | 296 | | the exclusion of basic textbooks. 39 |
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294 | 297 | | (b1) A local board of education may governing body shall establish a community media 40 |
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295 | 298 | | advisory committee to investigate and evaluate challenges from parents, teachers, and members 41 |
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296 | 299 | | of the public to textbooks and supplementary instructional materials on the grounds that they are 42 |
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297 | 300 | | educationally unsuitable, pervasively vulgar, or inappropriate to the age, maturity, or grade level 43 |
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298 | 301 | | of the students. The State Board of Education shall review its rules and policies concerning these 44 |
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299 | 302 | | challenges and shall establish guidelines to be followed by community media advisory 45 |
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300 | 303 | | committees. 46 |
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301 | 304 | | The local board, governing body, at all times, has sole authority and discretion to determine 47 |
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302 | 305 | | whether a challenge has merit and whether challenged material should be retained or removed. 48 |
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303 | 306 | | (b2) Local boards of education Governing bodies may: 49 General Assembly Of North Carolina Session 2025 |
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305 | 308 | | (1) Select, procure, and use textbooks that have not been adopted by the State 1 |
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306 | 309 | | Board of Education for use throughout the local school administrative public 2 |
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307 | 310 | | school unit for selected grade levels and courses; and 3 |
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308 | 311 | | (2) Approve school improvement plans developed under G.S. 115C-105.27 that 4 |
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309 | 312 | | include provisions for using textbooks that have not been adopted by the State 5 |
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310 | 313 | | Board of Education for selected grade levels and courses. 6 |
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311 | 314 | | All textbook contracts made under this subsection shall include a clause granting to the local 7 |
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312 | 315 | | board of education governing body the license to produce braille, large print, and audiocassette 8 |
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313 | 316 | | tape copies of the textbooks for use in the local school administrative unit.public school unit. 9 |
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314 | 317 | | (c) Funds allocated by the State Board of Education or appropriated in the current 10 |
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315 | 318 | | expense or capital outlay budgets of the local school administrative units, public school units, 11 |
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316 | 319 | | may be used for the above-stated purposes." 12 |
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317 | 320 | | SECTION 2.3. Part 3 of Article 8 of Chapter 115C of the General Statutes is 13 |
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318 | 321 | | amended by adding a new section to read: 14 |
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319 | 322 | | "§ 115C-98.1. Selection of health and safety instructional and supplemental materials. 15 |
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320 | 323 | | (a) When adopting, modifying, or amending a health and safety program and the 16 |
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321 | 324 | | instructional and supplemental materials for that program, a governing body of a public school 17 |
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322 | 325 | | unit shall conduct a public hearing after adequately notifying the public at least 10 days prior to 18 |
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323 | 326 | | the hearing. 19 |
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324 | 327 | | (b) The governing body of a public school unit shall also provide both electronic and 20 |
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325 | 328 | | written notice to all parents of students in the public school unit of the public hearing and the 21 |
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326 | 329 | | opportunity to review those materials in the program repository, as provided in G.S. 115C-102.1, 22 |
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327 | 330 | | at least 60 days before the public hearing occurs. 23 |
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328 | 331 | | (c) The notice to parents provided for in subsection (b) of this section shall include the 24 |
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329 | 332 | | following in both written and electronic form: 25 |
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330 | 333 | | (1) A detailed description of the program's objectives and any proposed changes, 26 |
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331 | 334 | | including any topics that the local board of education determines that a 27 |
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332 | 335 | | reasonable parent in that community may wish to examine as to the age 28 |
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333 | 336 | | appropriateness of the topics. 29 |
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334 | 337 | | (2) All written and audio materials that will be used. 30 |
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335 | 338 | | (3) A link to, or information on how to access, the program repository on the local 31 |
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336 | 339 | | school administrative unit's website, as provided in G.S. 115C-102.1." 32 |
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337 | 340 | | SECTION 2.4. Part 3 of Article 8 of Chapter 115C of the General Statutes is 33 |
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338 | 341 | | amended by adding a new section to read: 34 |
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339 | 342 | | "§ 115C-98.2. Library books. 35 |
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340 | 343 | | (a) For the purposes of this Part, the term library books means electronic, print, and 36 |
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341 | 344 | | nonprint resources, excluding textbooks, for independent use by students and school personnel 37 |
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342 | 345 | | outside of the standard course of study for any grade or course. Library books may be held in a 38 |
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343 | 346 | | formal school library or in a classroom. 39 |
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344 | 347 | | (b) Governing bodies of public school units shall establish criteria for selection of library 40 |
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345 | 348 | | books, including a recommendation review process, and shall select and procure library books 41 |
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346 | 349 | | based on recommendations from the superintendent in accordance with this section. Selection of 42 |
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347 | 350 | | materials shall be an ongoing process that includes the removal of collections determined to no 43 |
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348 | 351 | | longer meet the criteria for selection and the periodic replacement or repair of materials still of 44 |
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349 | 352 | | educational value. 45 |
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350 | 353 | | (c) Notwithstanding subsection (b) of this section, the governing body may delegate the 46 |
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351 | 354 | | authority for selection of library books to the superintendent subject to the following: 47 |
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352 | 355 | | (1) Any library book that has received more than 10 letters of objection which 48 |
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353 | 356 | | state with specificity the criteria the library book fails to meet as part of the 49 |
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354 | 357 | | recommendation review process shall not be selected without approval of the 50 General Assembly Of North Carolina Session 2025 |
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356 | 359 | | governing body, who shall review the submitted objections at a public meeting 1 |
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357 | 360 | | prior to a vote on selection. 2 |
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358 | 361 | | (2) The superintendent shall provide a list of all library books recommended for 3 |
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359 | 362 | | selection to the governing body for a minimum of 30 days of review that 4 |
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360 | 363 | | includes at least one meeting of the governing body prior to final selection. If 5 |
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361 | 364 | | any governing body member questions or desires further information on any 6 |
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362 | 365 | | title or author, the member shall contact the superintendent to request the 7 |
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363 | 366 | | information. Any governing body member may make a motion at the meeting 8 |
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364 | 367 | | of the governing body held prior to final selection to place a recommended 9 |
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365 | 368 | | book before the body for approval. 10 |
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366 | 369 | | (d) At a minimum, the criteria for selection shall require that a library book meet the 11 |
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367 | 370 | | following standards: 12 |
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368 | 371 | | (1) Supports and enriches students' personal learning and the standard course of 13 |
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369 | 372 | | study for grades and courses offered at that school. 14 |
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370 | 373 | | (2) Meets high standards in literary, artistic, and aesthetic quality, as well as 15 |
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371 | 374 | | technical aspects and physical format. 16 |
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372 | 375 | | (3) Is appropriate for the subject area and for the age, intellectual development, 17 |
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373 | 376 | | and ability level of the students for whom the materials are selected and 18 |
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374 | 377 | | received access level designation. 19 |
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375 | 378 | | (4) For nonfiction resources, incorporates accurate and authentic factual content 20 |
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376 | 379 | | from authoritative sources. 21 |
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377 | 380 | | (5) Balances financial cost with need. 22 |
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378 | 381 | | (6) Meets the requirements of subsections (f) and (g) of this section. 23 |
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379 | 382 | | (7) For fiction, narrative nonfiction, including memoirs and biographies, and 24 |
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380 | 383 | | graphic novels, in addition to the other requirements of this subsection, a 25 |
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381 | 384 | | determination that that library book is: 26 |
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382 | 385 | | a. Integral to the instructional program. 27 |
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383 | 386 | | b. Reflects the learning needs of the students and school personnel. 28 |
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384 | 387 | | c. Is appropriate for the reading levels and understanding of students. 29 |
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385 | 388 | | d. Is included because of the library book's literary or artistic value. 30 |
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386 | 389 | | e. If narrative nonfiction, presents information with accuracy and clarity. 31 |
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387 | 390 | | (e) The governing body shall establish a recommendation review process that includes 32 |
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388 | 391 | | the following: 33 |
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389 | 392 | | (1) The superintendent may delegate the responsibility to identify the library 34 |
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390 | 393 | | books recommended for selection to appropriate public school unit personnel. 35 |
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391 | 394 | | (2) As part of the recommendation for any library book, a content access 36 |
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392 | 395 | | designation shall be assigned to the book that reflects the grade levels for 37 |
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393 | 396 | | which the book is appropriate based on the age and intellectual development 38 |
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394 | 397 | | of the students. A school shall not provide access to students to books with a 39 |
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395 | 398 | | content access designation higher than the grade level of students enrolled in 40 |
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396 | 399 | | that school. There shall be three content access designations as follows: 41 |
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397 | 400 | | a. Elementary: Library books for students in grades kindergarten through 42 |
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398 | 401 | | fifth grade. 43 |
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399 | 402 | | b. Middle School: Library books for students in grades sixth through 44 |
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400 | 403 | | eighth. 45 |
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401 | 404 | | c. High School: Library books for students in grades ninth through 46 |
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402 | 405 | | twelfth. 47 |
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403 | 406 | | (3) To ensure parental engagement, all library books recommended for selection 48 |
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404 | 407 | | shall be readily available for parental review a minimum of 30 days prior to 49 |
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405 | 408 | | consideration for selection by posting a list of the recommended books in a 50 |
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406 | 409 | | publicly accessible portion of the public school unit's website, and by 51 General Assembly Of North Carolina Session 2025 |
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408 | 411 | | including a copy of all recommended library books in the instructional 1 |
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409 | 412 | | materials repository established by G.S. 115C-102.1 for in-person review. 2 |
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410 | 413 | | The list shall also provide the process for submitting an objection to selection 3 |
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411 | 414 | | of the book, including a means for identifying with specificity the criteria that 4 |
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412 | 415 | | the recommended book fails to meet. 5 |
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413 | 416 | | (f) All library books should contain material appropriate for students and should reflect 6 |
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414 | 417 | | the age and grade levels of students enrolled in the school. No library book shall be used if the 7 |
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415 | 418 | | book contains material that is harmful to minors, as defined in G.S. 14-190.13. 8 |
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416 | 419 | | (g) Local boards of education shall require, as part of the criteria, compliance with the 9 |
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417 | 420 | | Children's Internet Protection Act (CIPA), 47 U.S.C. § 254(h)(5), including technology 10 |
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418 | 421 | | protection measures. 11 |
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419 | 422 | | (h) In addition to the selection process, all governing bodies shall establish a community 12 |
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420 | 423 | | library advisory committee to investigate and evaluate challenges from parents, teachers, and 13 |
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421 | 424 | | members of the public to library books on the grounds that they do not conform to the criteria for 14 |
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422 | 425 | | selection of library books. The State Board of Education shall review its rules and policies 15 |
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423 | 426 | | concerning these challenges and shall establish guidelines to be followed by community library 16 |
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424 | 427 | | advisory committees. 17 |
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425 | 428 | | (i) Prior to any school conducting or partnering with a third party to conduct a student 18 |
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426 | 429 | | book fair, the principal of that school shall designate appropriate school personnel to review all 19 |
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427 | 430 | | books that will be made available to students at the book fair to determine if the books meet the 20 |
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428 | 431 | | criteria established under subsection (d) of this section and meet the content access designation, 21 |
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429 | 432 | | as established under subsection (e) of this section, for the school. The principal shall ensure that 22 |
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430 | 433 | | no books shall be accepted by the school or made available to students in the student book fair 23 |
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431 | 434 | | that do not meet the established criteria and content access designation of that school." 24 |
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432 | 435 | | SECTION 2.5. Part 3 of Article 8 of Chapter 115C of the General Statutes is 25 |
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433 | 436 | | amended by adding a new section to read: 26 |
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434 | 437 | | "§ 115C-102.1. Instructional materials repository. 27 |
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435 | 438 | | (a) A governing body of a public school unit shall maintain a continuous repository of 28 |
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436 | 439 | | current instructional and supplemental materials that have been selected and acquired by the 29 |
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437 | 440 | | governing body of a public school unit pursuant to this Article. The materials shall be maintained 30 |
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438 | 441 | | at a central location for in-person review by parents and the public upon request, and the names 31 |
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439 | 442 | | of all those materials shall be posted to the local school administrative unit's website for review 32 |
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440 | 443 | | by parents and the public. 33 |
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441 | 444 | | (b) In addition to the requirements of subsection (a) of this section, a governing body of 34 |
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442 | 445 | | a public school unit shall also maintain a continuous program repository of current objectives, 35 |
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443 | 446 | | entire curricula, texts, and all other materials used in any health and safety program as follows: 36 |
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444 | 447 | | (1) The current objectives, entire curricula, texts, and all other materials used in 37 |
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445 | 448 | | any health and safety program shall be maintained at a central location for 38 |
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446 | 449 | | in-person review by parents and the public upon request. 39 |
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447 | 450 | | (2) Electronic copies of the current objectives and names of curricula, texts, or 40 |
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448 | 451 | | any other materials used in any health and safety program shall be posted to 41 |
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449 | 452 | | the local school administrative unit's website for review by parents and the 42 |
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450 | 453 | | public. The website shall also include the curricula, texts, and any other 43 |
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451 | 454 | | materials used in the health and safety program, including links to any 44 |
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452 | 455 | | materials available on the publisher's website. 45 |
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453 | 456 | | (3) The governing body of a public school unit shall add to the central location 46 |
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454 | 457 | | and electronic repository any objectives, curricula, texts, and other materials 47 |
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455 | 458 | | that may be proposed for adoption, amendment, or modification to the health 48 |
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456 | 459 | | and safety program and shall clearly indicate that status while the materials 49 |
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457 | 460 | | are under consideration. 50 General Assembly Of North Carolina Session 2025 |
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459 | 462 | | (c) Each school year, at least 14 days before students participate in a health and safety 1 |
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460 | 463 | | program, a governing body of a public school unit shall give both written and electronic notice 2 |
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461 | 464 | | to parents of students participating in that program of the right of parents to review the objectives, 3 |
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462 | 465 | | complete materials, and entire curriculum of that program in the program repository maintained 4 |
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463 | 466 | | by the governing body of a public school unit, as provided in subsection (b) of this section. The 5 |
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464 | 467 | | notice shall include the same information provided under G.S. 115C-98.1. The notice shall be in 6 |
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465 | 468 | | conjunction and combination with the notice and requirements to inform parents of the 7 |
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466 | 469 | | requirement for prior written consent to participate in certain health and safety programs, as 8 |
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467 | 470 | | established in G.S. 115C-81.29 and G.S. 115C-81.30." 9 |
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468 | 471 | | 10 |
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469 | 472 | | PART III. CLARIFY DEFENSES FOR MATERIAL HARMFUL TO MINORS 11 |
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470 | 473 | | SECTION 3.(a) G.S. 14-190.15 reads as rewritten: 12 |
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471 | 474 | | "§ 14-190.15. Disseminating harmful material to minors; exhibiting harmful performances 13 |
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472 | 475 | | to minors. 14 |
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473 | 476 | | (a) Disseminating Harmful Material. – A person commits the offense of disseminating 15 |
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474 | 477 | | harmful material to minors if, with or without consideration and knowing the character or content 16 |
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475 | 478 | | of the material, he:the person does any of the following: 17 |
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476 | 479 | | (1) Sells, furnishes, presents, or distributes to a minor material that is harmful to 18 |
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477 | 480 | | minors; orminors. 19 |
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478 | 481 | | (2) Allows a minor to review or peruse material that is harmful to minors. 20 |
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479 | 482 | | (b) Exhibiting Harmful Performance. – A person commits the offense of exhibiting a 21 |
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480 | 483 | | harmful performance to a minor if, with or without consideration and knowing the character or 22 |
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481 | 484 | | content of the performance, he the person allows a minor to view a live performance that is 23 |
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482 | 485 | | harmful to minors. 24 |
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483 | 486 | | (c) Defenses. – Except as provided in subdivision (3), a mistake of age is not a defense 25 |
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484 | 487 | | to a prosecution under this section. It is an affirmative defense to a prosecution under this section 26 |
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485 | 488 | | that: 27 |
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486 | 489 | | (1) The defendant was a parent or legal guardian of the minor. 28 |
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487 | 490 | | (2) The defendant was a school, church, museum, public library, governmental 29 |
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488 | 491 | | agency, medical clinic, or hospital carrying out its legitimate function; or an 30 |
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489 | 492 | | employee or agent of such an organization acting in that capacity and carrying 31 |
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490 | 493 | | out a legitimate duty of his employment. 32 |
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491 | 494 | | (3) Before disseminating or exhibiting the harmful material or performance, the 33 |
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492 | 495 | | defendant requested and received a driver's license, student identification 34 |
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493 | 496 | | card, or other official governmental or educational identification card or paper 35 |
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494 | 497 | | indicating that the minor to whom the material or performance was 36 |
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495 | 498 | | disseminated or exhibited was at least 18 years old, and the defendant 37 |
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496 | 499 | | reasonably believed the minor was at least 18 years old. 38 |
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497 | 500 | | (4) The dissemination was made with the prior consent of a parent or guardian of 39 |
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498 | 501 | | the recipient. 40 |
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499 | 502 | | (d) Punishment. – Violation of this section is a Class 1 misdemeanor." 41 |
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500 | 503 | | SECTION 3.(b) This section becomes effective December 1, 2025, and applies to 42 |
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501 | 504 | | offenses committed on or after that date. 43 |
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502 | 505 | | 44 |
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503 | 506 | | PART IV. PUBLIC LIBRARY ACCESS FOR MINORS 45 |
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504 | 507 | | SECTION 4.(a) G.S. 125-19 read as rewritten: 46 |
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505 | 508 | | "§ 125-19. Confidentiality of library user records. 47 |
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506 | 509 | | (a) Disclosure. – A library shall not disclose any library record that identifies a person as 48 |
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507 | 510 | | having requested or obtained specific materials, information, or services, or as otherwise having 49 |
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508 | 511 | | used the library, except as provided for in subsection (b). 50 |
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509 | 512 | | (b) Exceptions. – Library records may be disclosed in the following instances: 51 General Assembly Of North Carolina Session 2025 |
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511 | 514 | | (1) When necessary for the reasonable operation of the library;library. 1 |
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512 | 515 | | (2) Upon written consent of the user; oruser. 2 |
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513 | 516 | | (3) Pursuant to subpoena, court order, or where otherwise required by law. 3 |
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514 | 517 | | (4) To the parent of a minor for library records of that minor." 4 |
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515 | 518 | | SECTION 4.(b) Chapter 125 of the General Statutes is amended by adding a new 5 |
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516 | 519 | | Article to read: 6 |
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517 | 520 | | "Article 4. 7 |
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518 | 521 | | "Access for Minors. 8 |
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519 | 522 | | "§ 125-25. Definitions. 9 |
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520 | 523 | | The following definitions shall apply in this Article: 10 |
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521 | 524 | | (1) Library. – A library established by the State; a county, city, township, village, 11 |
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522 | 525 | | or other local unit of government or authority or combination of local units of 12 |
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523 | 526 | | governments and authorities. 13 |
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524 | 527 | | (2) Library book. – Any electronic, print, or nonprint resources held for use, 14 |
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525 | 528 | | reference, or circulation to the public by a library. 15 |
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526 | 529 | | (3) Harmful to minors. – As defined in G.S. 14-190.13. 16 |
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527 | 530 | | (4) Minor. – A person less than 18 years of age who has not been emancipated 17 |
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528 | 531 | | pursuant to Article 35 of Chapter 7B of the General Statutes. 18 |
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529 | 532 | | (5) Parent. – A person who has legal custody of a child, including a natural parent, 19 |
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530 | 533 | | adoptive parent, or legal guardian. 20 |
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531 | 534 | | "§ 125-26. Access of materials to minors. 21 |
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532 | 535 | | (a) A library shall ensure that any library books containing material harmful to minors 22 |
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533 | 536 | | held by the library are inaccessible to minors in both print, nonprint, and electronic form. The 23 |
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534 | 537 | | library shall place library books containing material harmful to minors in an age-restricted 24 |
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535 | 538 | | portion of the library that is accessible only to those 18 years of age and older. 25 |
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536 | 539 | | (b) A library shall lend books to minors only with the prior written consent of the minor's 26 |
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537 | 540 | | parent. Prior written consent may be demonstrated by a parent providing written consent for a 27 |
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538 | 541 | | minor to receive a library card. A library card issued to a minor shall be denoted as such and shall 28 |
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539 | 542 | | restrict the minor from accessing material harmful to minors held by the library, whether in print, 29 |
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540 | 543 | | nonprint, or electronic form. 30 |
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541 | 544 | | (c) A parent shall be authorized to access the library records of that parent's minor child 31 |
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542 | 545 | | as provided in G.S. 125-19." 32 |
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543 | 546 | | SECTION 4.(c) This section is effective July 1, 2025. For library cards issued to 33 |
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544 | 547 | | minors without written parental consent prior to the effective date of this section, a library shall 34 |
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545 | 548 | | either establish written consent from the parent prior to December 31, 2025, or shall revoke the 35 |
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546 | 549 | | library card of the minor after that date. 36 |
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547 | 550 | | 37 |
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548 | 551 | | PART V. EFFECTIVE DATE 38 |
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549 | 552 | | SECTION 5. Except as otherwise provided, this act is effective when it becomes 39 |
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550 | 553 | | law. Parts I and II of this act apply beginning with the 2025-2026 school year. 40 |
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