2011 WISCONSIN ACT 216
An Act to repeal 118.019 (1m) (b) 1., 2. and 3., 118.019 (2) (a) 3., 118.019 (2) (a) 4., 118.019 (2) (a) 6., 118.019 (2m) (b) (intro.), 118.019 (2r) (intro.) and 118.019 (3) (a), (b) and (c); to renumber and amend 118.019 (1m) (b) (intro.), 118.019 (2) (b), 118.019 (2m) (a), 118.019 (2m) (b) 1., 118.019 (2m) (b) 2., 118.019 (2r) (a), 118.019 (2r) (b) and 118.019 (3) (intro.); to amend 115.29 (7), 118.019 (1), 118.019 (1m) (a), 118.019 (2) (intro.), 118.019 (2) (a) (intro.), 118.019 (2) (a) 1., 118.019 (2) (a) 2., 118.019 (2) (a) 5., 118.019 (2) (c), 118.019 (4), 118.019 (5) and 146.89 (3r) (e); and to create 118.019 (2) (a) 10., 118.019 (2) (a) 11., 118.019 (2) (e), 118.019 (2) (f), 118.019 (2m) (e), 118.019 (2m) (f), 118.019 (2m) (i) and 118.019 (2s) of the statutes; relating to: providing instruction in human growth and development.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
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1. 115.29 (7) of the statutes is amended to read:
115.29 (7) Teen pregnancy prevention. Apply for all federal funds allocated 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 for providing instruction in any of the subjects identified in s. 118.019.
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2. 118.019 (1) of the statutes is amended to read:
118.019 (1) Purpose. The purpose of this section is to encourage all school boards to ensure that pupils in their districts are provided 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 foster a partnership between parents of pupils attending schools in the school district and the schools in the school district to promote the optimal health and well-being of the pupils. The provisions of this section are in addition to, and do not supplant, the requirements under ss. 118.01 (2) (d) 2. c. and 8. and 118.13 (1), which are critical to maintaining the physical and psychological health of each pupil.
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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 the
their developing cognitive and emotional capacity of and behaviors typical for the age group consistent with adolescent development and community standards.
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4. 118.019 (1m) (b) (intro.) of the statutes is renumbered 118.019 (1m) (b) and amended to read:
118.019 (1m) (b) "Medically accurate information" means information that satisfies all of the following:
is scientifically-based and published, where appropriate, in peer-reviewed journals and textbooks.
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5. 118.019 (1m) (b) 1., 2. and 3. of the statutes are repealed.
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6. 118.019 (2) (intro.) of the statutes is amended to read:
118.019 (2) Subjects. (intro.) A school board may provide an instructional program in human growth and development in grades kindergarten to 12. If the school board elects to provide an instructional program under this section, when the school board establishes the curriculum for the instructional program, the school board shall make determinations as to whether and, if so, for what subjects covered in the curriculum the pupils shall be separated by gender. If an instructional program is provided, the following instructional program shall do all of the following is recommended:
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7. 118.019 (2) (a) (intro.) of the statutes is amended to read:
118.019 (2) (a) (intro.) Present medically accurate information to pupils and, when age-appropriate, shall address the following topics:
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8. 118.019 (2) (a) 1. of the statutes is 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.
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9. 118.019 (2) (a) 2. of the statutes is amended to read:
118.019 (2) (a) 2. Reproductive and sexual anatomy and physiology, including biological, psychosocial, and emotional, and intellectual changes that accompany maturation.
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10. 118.019 (2) (a) 3. of the statutes is repealed.
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11. 118.019 (2) (a) 4. of the statutes is repealed.
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12. 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 the most only reliable way to prevent pregnancy and sexually transmitted infections, and shall identify the skills necessary to remain abstinent.
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13. 118.019 (2) (a) 6. of the statutes is repealed.
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14. 118.019 (2) (a) 10. of the statutes is created to read:
118.019 (2) (a) 10. Adoption resources, prenatal care, and postnatal supports.
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15. 118.019 (2) (a) 11. of the statutes is created to read:
118.019 (2) (a) 11. The nature and treatment of sexually transmitted infections.
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Section 16m. 118.019 (2) (b) of the statutes is renumbered 118.019 (2d) and amended to read:
118.019 (2d) Nondiscrimination. Use An instructional program under this section shall use instructional methods and materials that, consistent with s. 118.13 (1), do not promote bias discriminate against pupils of any 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 this section that includes instruction on abstinence from sexual activity or that is abstinence-centered.
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17. 118.019 (2) (c) of the statutes is amended to read:
118.019 (2) (c) Promote Address self-esteem and personal responsibility, positive interpersonal skills, with an emphasis on and healthy relationships, including friendships, marriage, and romantic and familial relationships.
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18. 118.019 (2) (e) of the statutes is created to read:
118.019 (2) (e) Address the positive connection between marriage and parenting.
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19. 118.019 (2) (f) of the statutes is created to read:
118.019 (2) (f) Present information about avoiding stereotyping and bullying, including how to refrain from making inappropriate remarks, avoiding engaging in inappropriate physical or sexual behaviors, and how to recognize, rebuff, and report any unwanted or inappropriate remarks or physical or sexual behaviors.
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20. 118.019 (2m) (a) of the statutes is renumbered 118.019 (2m) (intro.) and amended to read:
118.019 (2m) Required subjects. (intro.) If a school board provides instruction in any of the areas under sub. (2) (a), the school board shall ensure that instruction in marriage and parental responsibility is provided. conforms to s. 118.13 (1) and that the following is provided, when age appropriate, in the same course and during the same year:
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21. 118.019 (2m) (b) (intro.) of the statutes is repealed.
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22. 118.019 (2m) (b) 1. of the statutes is renumbered 118.019 (2m) (c) and amended to read:
118.019 (2m) (c) Presents abstinence from sexual activity as the preferred choice of behavior in relationship to all sexual activity for unmarried pupils.
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23. 118.019 (2m) (b) 2. of the statutes is renumbered 118.019 (2m) (d) and amended to read:
118.019 (2m) (d) Emphasizes that abstinence from sexual activity before marriage is the most effective
only reliable way to prevent pregnancy and sexually transmitted diseases, including human immunodeficiency virus and acquired immunodeficiency syndrome.
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24. 118.019 (2m) (e) of the statutes is created to read:
118.019 (2m) (e) Provides instruction in parental responsibility and the socioeconomic benefits of marriage for adults and their children.
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25. 118.019 (2m) (f) of the statutes is created to read:
118.019 (2m) (f) Explains pregnancy, prenatal development, and childbirth.
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Section 25m. 118.019 (2m) (i) of the statutes is created to read:
118.019 (2m) (i) Provides medically accurate information about the human papilloma virus and the human immunodeficiency virus and acquired immunodeficiency syndrome.
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26. 118.019 (2r) (intro.) of the statutes is repealed.
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27. 118.019 (2r) (a) of the statutes is renumbered 118.019 (2m) (g) and amended to read:
118.019 (2m) (g) The Explains the criminal penalties under ch. 948 for engaging in sexual activities involving a child under ch. 948.
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28. 118.019 (2r) (b) of the statutes is renumbered 118.019 (2m) (h) and amended to read:
118.019 (2m) (h) The Explains 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.
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29. 118.019 (2s) of the statutes is created to read:
118.019 (2s) Provision of instruction. Subject to s. 120.13 (37m), nothing in this section prohibits a school district from providing instruction under this section, in whole or in part, to pupils while the pupils are separated from members of the opposite sex.
