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2011 - 2012 LEGISLATURE
October 14, 2011 - Introduced by Senators Lazich, Galloway, Grothman and
Leibham, cosponsored by Representatives Thiesfeldt, Bernier, Bies, Brooks,
Craig, Jacque, Kleefisch, Knodl, Kooyenga, T. Larson, Litjens, Meyer, Nass,
Nygren, A. Ott, Pridemore, Ripp, Spanbauer, Strachota, Stroebel, Wynn,
Ziegelbauer
and LeMahieu. Referred to Committee on Education.
SB237,1,11 1An Act to repeal 118.019 (1m) (b) 1., 2. and 3., 118.019 (2) (a) 3., 118.019 (2) (a)
24., 118.019 (2) (a) 6., 118.019 (2) (b), 118.019 (2m) (b) (intro.), 118.019 (2r) (intro.)
3and 118.019 (3) (a), (b) and (c); to renumber and amend 118.019 (1m) (b)
4(intro.), 118.019 (2m) (a), 118.019 (2m) (b) 1., 118.019 (2m) (b) 2., 118.019 (2r)
5(a), 118.019 (2r) (b) and 118.019 (3) (intro.); to amend 115.29 (7), 118.019 (1),
6118.019 (1m) (a), 118.019 (2) (intro.), 118.019 (2) (a) (intro.), 118.019 (2) (a) 1.,
7118.019 (2) (a) 2., 118.019 (2) (a) 5., 118.019 (2) (c), 118.019 (4), 118.019 (5) and
8146.89 (3r) (e); and to create 118.019 (2) (a) 10., 118.019 (2) (a) 11., 118.019 (2)
9(e), 118.019 (2) (f), 118.019 (2m) (e), 118.019 (2m) (f) and 118.019 (2s) of the
10statutes; relating to: providing instruction in human growth and
11development.
Analysis by the Legislative Reference Bureau
Under current law, a school board may offer an instructional program in human
growth and development (instructional program). If the school board offers an
instructional program, the instructional program must 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, including how to recognize, rebuff, and report unwanted or inappropriate
verbal, physical, or 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 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 do all of the following: a) ensure that instruction
in marriage and family responsibility is provided, but not necessarily in the same
course or during the same school year; b) instruct pupils about the criminal penalties
for engaging in sexual activities involving a child; and c) instruct pupils about sex
offender registration requirements.
This bill recommends, rather than requires, instructional topics for a school
board that elects to provide an instructional program and restructures the
recommended curriculum. The bill eliminates from the current law curriculum
items 3 and 6, above, but retains discussion of pregnancy, parenting, and gender
stereotypes in other portions of the recommended curriculum. The bill modifies item
4 by adding discussion of bullying, and modifies item 5 to require the instruction
under that item to identify the skills necessary to remain abstinent. The bill also
adds the following subjects to the recommended topics, instruction of which is to be
medically accurate and provided when age appropriate: adoption resources, prenatal
care, and postnatal supports, and the nature and treatment of sexually transmitted
infections, personal responsibility, and the positive connection between marriage
and parenting.
The bill requires a school board that offers an instructional program to do all
of the following in the same course and during the same year: 1) present abstinence
as the preferred choice of behavior for unmarried pupils; 2) emphasize that
abstinence is the only reliable way to prevent pregnancy and avoid sexually
transmitted infections; 3) provide instruction in parental responsibility and the
socioeconomic benefits of marriage; and 4) explain pregnancy, prenatal development,
and childbirth. The bill also permits a school board to provide the instructional
program to pupils while the pupils are separated from members of the opposite sex.
Under current law, the instructional program must also 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. This bill replaces
item 1, above, with a reference to a provision under current law that prohibits
discrimination in public schools.
Current law 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. Current law 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. Current law permits
a school district to eliminate from the human sexuality and development curriculum
information that is not age appropriate.
This bill modifies the definition for "medically accurate information" to mean
information that is scientifically-based and published, where appropriate, in
peer-reviewed journals and textbooks. The bill also modifies the definition of
"age-appropriate" to mean suitable to a particular age group of pupils based on their
developing cognitive and emotional capacity and consistent with adolescent
development and community standards.
Current law permits a pupil's parent or guardian to request that the pupil be
exempt from participating in the instructional program. Current law also requires
each school board that provides an instructional program to distribute an outline of
the curriculum to the parents or guardians of each pupil enrolled in the district. This
bill modifies the exemption to clarify that an exempted pupil will still receive
instruction on how to recognize, avoid, prevent, and halt physically or
psychologically intrusive or abusive situations. The bill also modifies the exemption
to clarify that an exempted high school pupil will receive instruction in physiology
and hygiene and the effects of alcohol and controlled substances on the body unless
the pupil has also been exempted from this instruction. The bill provides that the
school district must provide an explanation of these exemptions along with the
outline of the curriculum.
Current law requires each school board that elects not to offer an instructional
program to notify each pupil's parent or guardian of this fact. This bill eliminates
that requirement. Current law also requires the state superintendent to apply for
federal funds to implement an evidence-based teen pregnancy prevention program.
This bill requires the state superintendent to apply for all federal funds allocated for
providing instruction in any of the recommended or required topics.
Current law requires each school district that offers an instructional program
to 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. The committee is required under current law to
review the curriculum at least every three years. This bill specifies that the purpose
of the committee is to advise the school board on the design and implementation of
the curriculum and to review the curriculum every three years. The bill also provides

that no one category of member may constitute more than one fifth of the
membership of the committee and no more than one quarter 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.
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. This bill prevents a
provider from providing instruction in human growth and development.
For further information see the state and 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:
SB237, s. 1 1Section 1. 115.29 (7) of the statutes is amended to read:
SB237,4,62 115.29 (7) Teen pregnancy prevention. Apply for all federal funds allocated
3to evidence-based teen pregnancy prevention programs that have been proven
4through rigorous evaluation to delay sexual activity, increase contraceptive use, and
5reduce teen pregnancy in order to implement such a program
for providing
6instruction in any of the subjects identified in s. 118.019
.
SB237, s. 2 7Section 2. 118.019 (1) of the statutes is amended to read:
SB237,5,68 118.019 (1) Purpose. The purpose of this section is to encourage all school
9boards to ensure that pupils in their districts are provided age-appropriate
10instruction in human growth and development. The instruction should support and
11enhance communication between pupils and their parents and provide pupils with
12the knowledge, skills, and support necessary to make healthy decisions now and

1throughout their lifetimes and to make responsible decisions about sexual behavior

2foster a partnership between parents of pupils attending schools in the school district
3and the schools in the school district to promote the optimal health and well-being
4of the pupils. The provisions of this section are in addition to, and do not supplant,
5the requirements under ss. 118.01 (2) (d) 2. c. and 8. and 118.13 (1), which are critical
6to maintaining the physical and psychological health of each pupil
.
SB237, s. 3 7Section 3. 118.019 (1m) (a) of the statutes is amended to read:
SB237,5,118 118.019 (1m) (a) "Age-appropriate" means suitable to a particular age group
9of pupils based on the their developing cognitive and emotional capacity of and
10behaviors typical for the age group consistent with adolescent development and
11community standards
.
SB237, s. 4 12Section 4. 118.019 (1m) (b) (intro.) of the statutes is renumbered 118.019 (1m)
13(b) and amended to read:
SB237,5,1614 118.019 (1m) (b) "Medically accurate information" means information that
15satisfies all of the following: is scientifically-based and published, where
16appropriate, in peer-reviewed journals and textbooks.
SB237, s. 5 17Section 5. 118.019 (1m) (b) 1., 2. and 3. of the statutes are repealed.
SB237, s. 6 18Section 6. 118.019 (2) (intro.) of the statutes is amended to read:
SB237,5,2219 118.019 (2) Subjects. (intro.) A school board may provide an instructional
20program in human growth and development in grades kindergarten to 12. If
21provided, the following instructional program shall do all of the following is
22recommended
:
SB237, s. 7 23Section 7. 118.019 (2) (a) (intro.) of the statutes is amended to read:
SB237,5,2524 118.019 (2) (a) (intro.) Present medically accurate information to pupils and,
25when age-appropriate, shall address the following topics:
SB237, s. 8
1Section 8. 118.019 (2) (a) 1. of the statutes is amended to read:
SB237,6,42 118.019 (2) (a) 1. The importance of communication about sexuality and
3decision making about sexual behavior
between the pupil and the pupil's parents, or
4guardians, or other family members.
SB237, s. 9 5Section 9. 118.019 (2) (a) 2. of the statutes is amended to read:
SB237,6,86 118.019 (2) (a) 2. Reproductive and sexual anatomy and physiology, including
7biological, psychosocial, and emotional, and intellectual changes that accompany
8maturation.
SB237, s. 10 9Section 10. 118.019 (2) (a) 3. of the statutes is repealed.
SB237, s. 11 10Section 11. 118.019 (2) (a) 4. of the statutes is repealed.
SB237, s. 12 11Section 12. 118.019 (2) (a) 5. of the statutes is amended to read:
SB237,6,1512 118.019 (2) (a) 5. The benefits of and reasons for abstaining from sexual
13activity. Instruction under this subdivision shall stress the value of abstinence as
14the most only reliable way to prevent pregnancy and sexually transmitted infections,
15and shall identify the skills necessary to remain abstinent
.
SB237, s. 13 16Section 13. 118.019 (2) (a) 6. of the statutes is repealed.
SB237, s. 14 17Section 14. 118.019 (2) (a) 10. of the statutes is created to read:
SB237,6,1818 118.019 (2) (a) 10. Adoption resources, prenatal care, and postnatal supports.
SB237, s. 15 19Section 15. 118.019 (2) (a) 11. of the statutes is created to read:
SB237,6,2020 118.019 (2) (a) 11. The nature and treatment of sexually transmitted infections.
SB237, s. 16 21Section 16. 118.019 (2) (b) of the statutes is repealed.
SB237, s. 17 22Section 17. 118.019 (2) (c) of the statutes is amended to read:
SB237,6,2523 118.019 (2) (c) Promote Address self-esteem and personal responsibility,
24positive interpersonal skills, with an emphasis on and healthy relationships,
25including friendships, marriage, and romantic and familial relationships
.
SB237, s. 18
1Section 18. 118.019 (2) (e) of the statutes is created to read:
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