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2023 - 2024 LEGISLATURE
2023 ASSEMBLY BILL 1107
February 23, 2024 - Introduced by Representatives CONLEY, SUBECK, SHELTON,
BALDEH, EMERSON, RATCLIFF, SINICKI, JACOBSON, OHNSTAD, PALMERI, STUBBS,
CLANCY and J. ANDERSON, cosponsored by Senators AGARD, ROYS, SPREITZER,
LARSON and SMITH. Referred to Committee on Health, Aging and Long-Term
Care.
***AUTHORS SUBJECT TO CHANGE***
AN ACT to repeal 118.019 (2) (a) 10. and 118.019 (2) (a) 11.; to renumber and
amend 118.019 (1m) (b), 118.019 (2d) and 118.019 (3); to amend 115.29 (7),
118.019 (1m) (a), 118.019 (2) (a) 1. and 2., 118.019 (2) (a) 5., 118.019 (2) (c),
118.019 (2) (e), 118.019 (4), 118.019 (5) and 146.89 (3r) (e); to repeal and
recreate 118.019 (1), 118.019 (2) (intro.) and 118.019 (2m); and to create
118.019 (1m) (b) 1. and 3., 118.019 (2) (a) 3., 3m. and 4., 118.019 (2) (a) 6. and
118.019 (2r) of the statutes; relating to: human growth and development
instruction.
Analysis by the Legislative Reference Bureau
Under current law, a school board may offer an instructional program in human
growth and development, and current law recommends, but does not require, that
a school board include certain instructional topics in the instructional program.
Under the bill, school boards must provide an instructional program in human
growth and development (instructional program) in grades kindergarten to 12. The
requirements for the mandatory instructional program are based on the
requirements created in 2009 Wisconsin Act 134, known as the Healthy Youth Act,
for optional instructional program provided by school boards.
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Under the bill, the instructional program must present medically accurate
information to pupils and must, among other things, address the following topics
when age-appropriate:
1. The importance of communication between the pupil and the pupil's family
members about sexuality and decision-making about sexual behavior.
2. Reproductive and sexual anatomy and physiology, including biological,
psychosocial, and emotional changes that accompany maturation.
3. Puberty, pregnancy, parenting, body image, and gender stereotypes.
4. The skills needed to make responsible decisions about sexuality and sexual
behavior throughout the pupil's life, including how to refrain from making
inappropriate verbal, physical, and sexual advances and how to recognize, rebuff,
and report any unwanted or inappropriate verbal, physical, and sexual behaviors.
5. The benefits of and reasons for abstaining from sexual activity.
6. The health benefits, side effects, and proper use of contraceptives and barrier
methods to prevent pregnancy and sexually transmitted infections.
7. Methods for developing healthy life skills, including setting goals, making
responsible decisions, communicating, and managing stress.
8. How alcohol and drug use affect responsible decision making.
9. The impact of media and one's peers on thoughts, feelings, and behaviors
related to sexuality.
10. Marriage and parental responsibility.
11. The criminal penalties for engaging in sex.
Under current law, the state superintendent of public instruction may apply for
federal funds allocated for providing instruction in any of the topics recommended
under current law to be included in a human growth and development instructional
program. The bill modifies that authority by authorizing the state superintendent
to apply for federal funds allocated for evidence-based teen pregnancy prevention
programs in order to implement such a program.
Finally, the bill allows a volunteer health care provider to provide instruction
in human growth and development if the instructional program complies with the
requirements above. Under current law, a “volunteer health care provider” is an
individual who meets certain licensing requirements and who, while receiving no
income, provides certain health care services free of charge to pupils from
four-year-old kindergarten to grade six at a public school or private school
participating in a parental choice program. Current law explicitly prohibits a
volunteer health care provider from providing that instruction.
For further information see the local fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SECTION 1. 115.29 (7) of the statutes is amended to read:1 - 3 -2023 - 2024 Legislature
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115.29 (7) TEEN PREGNANCY PREVENTION. Apply for all federal funds allocated
for providing instruction in any of the subjects identified in s. 118.019 to
evidence-based teen pregnancy prevention programs that have been proven through
rigorous evaluation to delay sexual activity, increase contraceptive use, and reduce
teen pregnancy in order to implement such a program.
SECTION 2. 118.019 (1) of the statutes is repealed and recreated to read:
118.019 (1) PURPOSE. The purpose of this section is to ensure that all school
boards provide pupils in their districts with age-appropriate instruction in human
growth and development. The instruction should support and enhance
communication between pupils and their parents and provide pupils with the
knowledge, skills, and support necessary to make healthy decisions now and
throughout their lifetimes and to make responsible decisions about sexual behavior.
SECTION 3. 118.019 (1m) (a) of the statutes is amended to read:
118.019 (1m) (a) “Age-appropriate" means suitable to a particular age group
of pupils based on their the developing cognitive and emotional capacity of and
consistent with adolescent development and community standards behaviors typical
for the age group.
SECTION 4. 118.019 (1m) (b) of the statutes is renumbered 118.019 (1m) (b)
(intro.) and amended to read:
118.019 (1m) (b) (intro.) “Medically accurate information" means information
that is scientifically-based and published, where all of the following:
2. When appropriate, published in peer-reviewed journals and textbooks.
SECTION 5. 118.019 (1m) (b) 1. and 3. of the statutes are created to read:
118.019 (1m) (b) 1. Supported by the weight of research conducted in
compliance with accepted scientific methods.
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SECTION 5 ASSEMBLY BILL 1107
3. Recognized as accurate by relevant leading professional organizations or
agencies, such as the American Medical Association, the American Public Health
Association, or the American Academy of Pediatrics.
SECTION 6. 118.019 (2) (intro.) of the statutes is repealed and recreated to read:
118.019 (2) INSTRUCTIONAL PROGRAM. (intro.) A school board shall provide an
instructional program in human growth and development in grades kindergarten to
12. The school board shall develop the instructional program to include the subjects
under sub. (2r) and to do all of the following:
SECTION 7. 118.019 (2) (a) 1. and 2. of the statutes are amended to read:
118.019 (2) (a) 1. The importance of communication about sexuality and
decision-making about sexual behavior between the pupil and the pupil's parents or,
guardians, or other family members.
2. Reproductive and sexual anatomy and physiology, including biological,
psychosocial, and emotional, and intellectual changes that accompany maturation.
SECTION 8. 118.019 (2) (a) 3., 3m. and 4. of the statutes are created to read:
118.019 (2) (a) 3. Puberty, pregnancy, parenting, and body image.
3m. Gender, gender expression, gender identity, and the harm of negative
gender stereotypes.
4. The skills needed to make responsible decisions about sexuality and sexual
behavior throughout the pupil's life, including how to refrain from making
inappropriate verbal, physical, and sexual advances and how to recognize, rebuff,
and report any unwanted or inappropriate verbal, physical, and sexual behaviors.
SECTION 9. 118.019 (2) (a) 5. of the statutes is amended to read:
118.019 (2) (a) 5. The benefits of and reasons for abstaining from sexual
activity. Instruction under this subdivision shall stress the value of abstinence as
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the only most reliable way to prevent pregnancy and sexually transmitted infections,
and shall identify the skills necessary to remain abstinent.
SECTION 10. 118.019 (2) (a) 6. of the statutes is created to read:
118.019 (2) (a) 6. The health benefits, side effects, and proper use of
contraceptives and barrier methods approved by the federal food and drug
administration to prevent pregnancy and barrier methods approved by the federal
food and drug administration to prevent sexually transmitted infections.
SECTION 11. 118.019 (2) (a) 10. of the statutes is repealed.
SECTION 12. 118.019 (2) (a) 11. of the statutes is repealed.
SECTION 13. 118.019 (2) (c) of the statutes is amended to read:
118.019 (2) (c) Address Promote self-esteem and personal responsibility,
positive interpersonal skills, and with an emphasis on healthy relationships,
including friendships, marriage, and romantic and familial relationships.
SECTION 14. 118.019 (2) (e) of the statutes is amended to read:
118.019 (2) (e) Address the positive connection between marriage and
parenting parental responsibility.
SECTION 15. 118.019 (2d) of the statutes is renumbered 118.019 (2) (b) and
amended to read:
118.019 (2) (b) An instructional program under this section shall use Use
instructional methods and materials that, consistent with s. 118.13 (1), do not
discriminate promote bias against a pupil based upon the pupil's race, gender,
religion, sexual orientation, or ethnic or cultural background or against sexually
active pupils or children with disabilities. Nothing in this subsection shall be
construed to prohibit a school board from approving an instructional program under
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this section that includes instruction on abstinence from sexual activity or that is
abstinence-centered.
SECTION 16. 118.019 (2m) of the statutes is repealed and recreated to read:
118.019 (2m) INSTRUCTION; REQUIREMENTS. A school board shall ensure that
instruction provided under sub. (2) (a) does all of the following:
(a) Presents abstinence from sexual activity as the preferred choice of behavior
in relationship to all sexual activity for unmarried pupils.
(b) Emphasizes that abstinence from sexual activity before marriage is the
most effective way to prevent pregnancy and sexually transmitted diseases,
including human immunodeficiency virus and acquired immunodeficiency
syndrome.
SECTION 17. 118.019 (2r) of the statutes is created to read:
118.019 (2r) REQUIRED SUBJECTS; CRIME. A school board shall, when
age-appropriate, instruct pupils about all of the following:
(a) The criminal penalties for engaging in sexual activities involving a child
under ch. 948.
(b) The sex offender registration requirements under s. 301.45. Instruction
under this paragraph shall include who is required to report under s. 301.45, what
information must be reported, who has access to the information reported, and the
implications of being registered under s. 301.45.
SECTION 18. 118.019 (3) of the statutes is renumbered 118.019 (3) (intro.) and
amended to read:
118.019 (3) DISTRIBUTION OF CURRICULUM TO PARENTS; NOTICE. (intro.) Each
school board that provides an instructional program in human growth and
development shall annually provide the parents or guardians of each pupil enrolled
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in the school district with an outline of the human growth and development
curriculum used in the pupil's grade level, and information regarding how the parent
or guardian may inspect the complete curriculum and instructional materials, an
explanation of the exemption under sub. (4), and a statement that pupils exempted
from instruction under this section will still receive instruction in the subjects under
s. 118.01 (2) (d) 2. c., unless exempted, and s. 118.01 (2) (d) 8. The school board shall
make the complete human growth and development curriculum and all instructional
materials available for inspection by a parent or guardian upon his or her request
at any time, including prior to their use in the classroom.
SECTION 19. 118.019 (4) of the statutes is amended to read:
118.019 (4) EXEMPTION FOR INDIVIDUAL PUPILS. No pupil may be required to take
instruction in human growth and development or in the specific subjects under subs.
(2) and (2m) (2r) if the pupil's parent or guardian files with the teacher or school
principal a written request that the pupil be exempted.
SECTION 20. 118.019 (5) of the statutes is amended to read:
118.019 (5) ADVISORY COMMITTEE. In any school district that offers a human
growth and development curriculum, the school board shall appoint an ad hoc
advisory committee whose role is to composed of parents, teachers, school
administrators, pupils, health care professionals, members of the clergy, and other
residents of the school district. The advisory committee shall develop the human
growth and development curriculum and advise the school board on the design,
review, and implementation of the human growth and development curriculum and
to review the curriculum. Parents, teachers, school administrators, pupils, health
care professionals, members of the clergy, and other residents of the school district
shall comprise the committee. No one category of member shall constitute more than
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SECTION 20 ASSEMBLY BILL 1107
one-fifth of the membership of the committee, except that parents may comprise
more than one-fifth of the membership of the committee. No more than one quarter
of the members of the committee may be made up of employees of the school district
or their spouses or members of the school board or their spouses. The advisory
committee shall review the curriculum at least every 3 years.
SECTION 21. 146.89 (3r) (e) of the statutes is amended to read:
146.89 (3r) (e) Under this subsection, a volunteer health care provider may not
provide instruction in human growth and development under if the instructional
program is in compliance with requirements of s. 118.019.
SECTION 22.0Effective date.
(1) This act takes effect on July 1, 2024.
(END)
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