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2009 - 2010 LEGISLATURE
January 26, 2010 - Printed by direction of Senate Chief Clerk.
AB458-engrossed,1,5 1An Act to renumber and amend 118.019 (3); to amend 118.019 (2m) (a),
2118.019 (2m) (b) (intro.), 118.019 (4) and 146.89 (3r) (e); to repeal and recreate
3118.019 (1) and 118.019 (2); and to create 115.29 (7), 118.019 (1m), 118.019 (3)
4(a), 118.019 (3) (b) and 118.019 (3) (c) of the statutes; relating to: providing
5instruction in human growth and development.
Analysis by the Legislative Reference Bureau
Engrossment information:
The text of Engrossed Assembly Bill 458 consists of the following documents
adopted in the assembly on November 3, 2009: the bill as affected by Assembly
Amendments 1, 2, 3, and 11.
Content of Engrossed 2009 Assembly Bill 458
Under current law, a school board may provide an instructional program in
human growth and development in grades kindergarten to 12 that may include
instruction in the following areas: 1) self-esteem, responsible decision making, and
personal responsibility; 2) interpersonal relationships; 3) discouragement of
adolescent sexual activity; and 4) family life and skills required of a parent. The
school board may also provide instruction in human sexuality, reproduction, family
planning, human immunodeficiency virus (HIV) and acquired immunodeficiency
syndrome (AIDS), prenatal development, childbirth, adoption, available prenatal
and postnatal support, and male and female responsibility. If a school board offers

instruction in any of these areas, it must also provide instruction in marriage and
parental responsibility.
If a school district offers a human growth and development curriculum, the
school board must appoint an advisory committee composed of parents, teachers,
school administrators, pupils, health care professionals, members of the clergy, and
other residents of the school district to assist the school board with the development,
review, and implementation of the human growth and development curriculum. The
advisory committee must also review the school district's curriculum at least every
three years. Upon the written request of the pupil's parent or guardian, a pupil shall
be exempted from the requirement to complete instruction in human growth and
development.
Under current law, a volunteer health care provider (provider) may apply to the
Department of Administration to be permitted to provide health care services
without charge in a school or nonprofit agency. If the provider wishes to provide
services at a school, the provider must file the application jointly with the school
board or, if the school is a charter school, the governing body of the school. "Volunteer
health care provider" is defined under current law as a physician, dentist or dental
hygienist, registered nurse, practical nurse, nurse-midwife, nurse practitioner,
optometrist, physician assistant, or dietitian who receives no income from the
practice of that health care profession or who receives no income from the practice
of that health care profession when providing services at the school. Under current
law, the provider may provide instruction in human growth and development if the
instructional program complies with the requirements above, but may not provide
instruction in human sexuality; reproduction; family planning, including natural
family planning; HIV and AIDS; prenatal development; childbirth; adoption;
available prenatal and postnatal support; and male and female responsibility.
This bill provides that a school board may offer an instructional program in
human growth and development. If the school board offers an instructional program
in human growth and development, the bill requires that the program provide
medically accurate information and, when age appropriate, address all of the
following: 1) communication between the pupil and the pupil's parents or guardians
about sexuality; 2) reproductive and sexual anatomy and physiology; 3) puberty,
pregnancy, parenting, body image, and gender stereotypes; 4) skills to make
responsible decisions about sexuality and sexual behavior throughout the pupil's life
span; 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 approved
by the federal Food and Drug Administration (FDA) to prevent pregnancy and
barrier methods approved by the FDA to prevent sexually transmitted infections; 7)
methods for developing healthy life skills, including setting goals, responsible
decision making, communication, and stress management; 8) how alcohol or drug
use affects responsible decision making; and 9) the impact of media and peer
messages on thoughts, feelings, and behaviors related to sexuality. If a school board
provides instruction in any of the subject areas enumerated in items 1 to 9, it must
ensure that instruction in marriage and family responsibility is provided, but not
necessarily in the same course or during the same school year. In addition, the

program must do all of the following: 1) use instructional methods and materials
that do not promote bias against pupils of any race, gender, religion, sexual
orientation, or ethnic or cultural background or against sexually active pupils or
children with disabilities; 2) promote self-esteem and positive interpersonal skills,
with an emphasis on healthy relationships; and 3) identify counseling, medical, and
legal resources for survivors of sexual abuse and assault, including resources for
escaping violent relationships.
The bill defines medically accurate information as information that satisfies all
of the following: 1) the information is supported by the weight of research conducted
in compliance with accepted scientific methods; 2) where appropriate, the
information is published in peer-reviewed journals; and 3) the information is
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. The bill defines "age appropriate" as
suitable to a particular age group of pupils based on the developing cognitive and
emotional capacity of and behaviors typical for the age group.
The bill permits a school district to eliminate from the human sexuality and
development curriculum information that is not age appropriate. The bill requires
each school board that elects not to offer human growth and development instruction
to notify each pupil's parent or guardian of this fact. The bill also requires the state
superintendent to apply for federal funds to implement an evidence-based teen
pregnancy prevention program.
Finally, the bill permits a provider to provide instruction in human growth and
development if the instructional program complies with the instructional program
established in this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB458-engrossed, s. 1m 1Section 1m. 115.29 (7) of the statutes is created to read:
AB458-engrossed,3,52 115.29 (7) Teen pregnancy prevention. Apply for federal funds allocated to
3evidence-based teen pregnancy prevention programs that have been proven through
4rigorous evaluation to delay sexual activity, increase contraceptive use, and reduce
5teen pregnancy in order to implement such a program.
AB458-engrossed, s. 2 6Section 2. 118.019 (1) of the statutes is repealed and recreated to read:
AB458-engrossed,4,47 118.019 (1) Purpose. The purpose of this section is to encourage all school
8boards to ensure that pupils in their districts are provided age-appropriate

1instruction in human growth and development. The instruction should support and
2enhance communication between pupils and their parents and provide pupils with
3the knowledge, skills, and support necessary to make healthy decisions now and
4throughout their lifetimes and to make responsible decisions about sexual behavior.
AB458-engrossed, s. 3 5Section 3. 118.019 (1m) of the statutes is created to read:
AB458-engrossed,4,66 118.019 (1m) Definitions. In this section:
AB458-engrossed,4,97 (a) "Age-appropriate" means suitable to a particular age group of pupils based
8on the developing cognitive and emotional capacity of and behaviors typical for the
9age group.
AB458-engrossed,4,1110 (b) "Medically accurate information" means information that satisfies all of the
11following:
AB458-engrossed,4,1312 1. The information is supported by the weight of research conducted in
13compliance with accepted scientific methods.
AB458-engrossed,4,1414 2. Where appropriate, the information is published in peer-reviewed journals.
AB458-engrossed,4,1715 3. The information is recognized as accurate by relevant leading professional
16organizations or agencies, such as the American Medical Association, the American
17Public Health Association, or the American Academy of Pediatrics.
AB458-engrossed, s. 4 18Section 4. 118.019 (2) of the statutes is repealed and recreated to read:
AB458-engrossed,4,2119 118.019 (2) Subjects. A school board may provide an instructional program in
20human growth and development in grades kindergarten to 12. If provided, the
21instructional program shall do all of the following:
AB458-engrossed,4,2322 (a) Present medically accurate information to pupils and, when
23age-appropriate, shall address the following topics:
AB458-engrossed,5,3
11. The importance of communication about sexuality and decision making
2about sexual behavior between the pupil and the pupil's parents, guardians, or other
3family members.
AB458-engrossed,5,54 2. Reproductive and sexual anatomy and physiology, including biological,
5psychosocial, and emotional changes that accompany maturation.
AB458-engrossed,5,66 3. Puberty, pregnancy, parenting, body image, and gender stereotypes.
AB458-engrossed,5,107 4. The skills needed to make responsible decisions about sexuality and sexual
8behavior throughout the pupil's life, including how to refrain from making
9inappropriate verbal, physical, and sexual advances and how to recognize, rebuff,
10and report any unwanted or inappropriate verbal, physical, and sexual behaviors.
AB458-engrossed,5,1311 5. The benefits of and reasons for abstaining from sexual activity. Instruction
12under this subdivision shall stress the value of abstinence as the most reliable way
13to prevent pregnancy and sexually transmitted infections.
AB458-engrossed,5,1714 6. The health benefits, side effects, and proper use of contraceptives and barrier
15methods approved by the federal food and drug administration to prevent pregnancy
16and barrier methods approved by the federal food and drug administration to
17prevent sexually transmitted infections.
AB458-engrossed,5,1918 7. Methods for developing healthy life skills, including setting goals, making
19responsible decisions, communicating, and managing stress.
AB458-engrossed,5,2020 8. How alcohol and drug use affect responsible decision making.
AB458-engrossed,5,2221 9. The impact of media and one's peers on thoughts, feelings, and behaviors
22related to sexuality.
AB458-engrossed,5,2523 (b) Use instructional methods and materials that do not promote bias against
24pupils of any race, gender, religion, sexual orientation, or ethnic or cultural
25background or against sexually active pupils or children with disabilities.
AB458-engrossed,6,3
1(c) Promote self-esteem and positive interpersonal skills, with an emphasis on
2healthy relationships, including friendships, marriage, and romantic and familial
3relationships.
AB458-engrossed,6,54 (d) Identify counseling, medical, and legal resources for survivors of sexual
5abuse and assault, including resources for escaping violent relationships.
AB458-engrossed, s. 5g 6Section 5g. 118.019 (2m) (a) of the statutes is amended to read:
AB458-engrossed,6,107 118.019 (2m) (a) If a school board provides instruction in any of the areas under
8sub. (2) (e) (a), the school board shall ensure that instruction in marriage and
9parental responsibility is provided in the same course, during the same school year,
10as the area under sub. (2) (e)
.
AB458-engrossed, s. 5r 11Section 5r. 118.019 (2m) (b) (intro.) of the statutes is amended to read:
AB458-engrossed,6,1312 118.019 (2m) (b) (intro.) The school board shall ensure that instruction related
13to the areas under sub. (2) (e) (a) does all of the following:
AB458-engrossed, s. 6 14Section 6. 118.019 (3) of the statutes is renumbered 118.019 (3) (intro.) and
15amended to read:
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