LRB-3380/2
TKK:kjf:md
2009 - 2010 LEGISLATURE
`
September 30, 2009 - Introduced by Representatives Grigsby, Roys, Shilling,
Berceau, Black, Kessler, Pasch, Fields, Vruwink, Turner, Soletski,
Benedict, Pope-Roberts, Richards, Seidel, Danou, Pocan, Sinicki, Hintz,
Smith, Bernard Schaber, Dexter, Hraychuck, Molepske Jr., Zepnick
and
Toles, cosponsored by Senators Taylor, Lehman, Sullivan, Plale, Miller,
Risser, Robson
and Erpenbach. Referred to Committee on Education.
AB458,1,5 1An Act to repeal 118.019 (2m); to renumber and amend 118.019 (3); to amend
2146.89 (3r) (e); to repeal and recreate 118.019 (1) and 118.019 (2); and to
3create
115.28 (9m), 118.019 (1m), 118.019 (3) (a), 118.019 (3) (b) and 118.019
4(3) (c) of the statutes; relating to: providing instruction in human growth and
5development.
Analysis by the Legislative Reference Bureau
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
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. 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, 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.
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:
AB458, s. 1 1Section 1. 115.28 (9m) of the statutes is created to read:
AB458,3,52 115.28 (9m) 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, s. 2 6Section 2. 118.019 (1) of the statutes is repealed and recreated to read:
AB458,3,127 118.019 (1) Purpose. The purpose of this section is to encourage all school
8boards to ensure that pupils in their districts are provided age-appropriate
9instruction in human growth and development. The instruction should support and
10enhance communication between pupils and their parents and provide pupils with
11the knowledge, skills, and support necessary to make healthy decisions now and
12throughout their lifetimes and to make responsible decisions about sexual behavior.
AB458, s. 3 13Section 3. 118.019 (1m) of the statutes is created to read:
AB458,4,1
1118.019 (1m) Definitions. In this section:
AB458,4,42 (a) "Age-appropriate" means suitable to a particular age group of pupils based
3on the developing cognitive and emotional capacity of and behaviors typical for the
4age group.
AB458,4,65 (b) "Medically accurate information" means information that satisfies all of the
6following:
AB458,4,87 1. The information is supported by the weight of research conducted in
8compliance with accepted scientific methods.
AB458,4,99 2. Where appropriate, the information is published in peer-reviewed journals.
AB458,4,1210 3. The information is recognized as accurate by relevant leading professional
11organizations or agencies, such as the American Medical Association, the American
12Public Health Association, or the American Academy of Pediatrics.
AB458, s. 4 13Section 4. 118.019 (2) of the statutes is repealed and recreated to read:
AB458,4,1614 118.019 (2) Subjects. A school board may provide an instructional program in
15human growth and development in grades kindergarten to 12. If provided, the
16instructional program shall do all of the following:
AB458,4,1817 (a) Present medically accurate information to pupils and, when
18age-appropriate, shall address the following topics:
AB458,4,2119 1. The importance of communication about sexuality and decision making
20about sexual behavior between the pupil and the pupil's parents, guardians, or other
21family members.
AB458,4,2322 2. Reproductive and sexual anatomy and physiology, including biological,
23psychosocial, and emotional changes that accompany maturation.
AB458,4,2424 3. Puberty, pregnancy, parenting, body image, and gender stereotypes.
AB458,5,4
14. The skills needed to make responsible decisions about sexuality and sexual
2behavior throughout the pupil's life, including how to refrain from making
3inappropriate verbal, physical, and sexual advances and how to recognize, rebuff,
4and report any unwanted or inappropriate verbal, physical, and sexual behaviors.
AB458,5,75 5. The benefits of and reasons for abstaining from sexual activity. Instruction
6under this subdivision shall stress the value of abstinence as the most reliable way
7to prevent pregnancy and sexually transmitted infections.
AB458,5,118 6. The health benefits, side effects, and proper use of contraceptives and barrier
9methods approved by the federal food and drug administration to prevent pregnancy
10and contraceptives and barrier methods approved by the federal food and drug
11administration to prevent pregnancy and sexually transmitted infections.
AB458,5,1312 7. Methods for developing healthy life skills, including setting goals, making
13responsible decisions, communicating, and managing stress.
AB458,5,1414 8. How alcohol and drug use affect responsible decision making.
AB458,5,1615 9. The impact of media and one's peers on thoughts, feelings, and behaviors
16related to sexuality.
AB458,5,1917 (b) Use instructional methods and materials that do not promote bias against
18pupils of any race, gender, sexual orientation, or ethnic or cultural background or
19against sexually active pupils or children with disabilities.
AB458,5,2220 (c) Promote self-esteem and positive interpersonal skills, with an emphasis on
21healthy relationships, including friendships, marriage, and romantic and familial
22relationships.
AB458,5,2423 (d) Identify counseling, medical, and legal resources for survivors of sexual
24abuse and assault, including resources for escaping violent relationships.
AB458, s. 5 25Section 5. 118.019 (2m) of the statutes is repealed.
AB458, s. 6
1Section 6. 118.019 (3) of the statutes is renumbered 118.019 (3) (intro.) and
2amended to read:
AB458,6,153 118.019 (3) Distribution of curriculum to parents; notice. (intro.) Each
4school board that provides an instructional program in human growth and
5development shall annually provide the parents or guardians of each pupil enrolled
6in the school district with an outline of the human growth and development
7curriculum used in the pupil's grade level and information regarding how the parent
8or guardian may inspect the complete curriculum and instructional materials. The
9school board shall make the complete human growth and development curriculum
10and all instructional materials available for inspection by a parent or guardian upon
11his or her request for inspection at any time, including prior to their use in the
12classroom. A school board that elects not to provide an instructional program in
13human growth and development under this section shall, by September 30 of each
14school year, send home to the parent or guardian of each pupil enrolled in the school
15district a notice that includes all of the following:
AB458, s. 7 16Section 7. 118.019 (3) (a) of the statutes is created to read:
AB458,6,1917 118.019 (3) (a) A statement that the school board is encouraged by state statute
18to provide instruction in human growth and development in grades kindergarten to
1912.
AB458, s. 8 20Section 8. 118.019 (3) (b) of the statutes is created to read:
AB458,6,2221 118.019 (3) (b) The subjects of instruction required under sub. (2) if the school
22board were to provide instruction in human growth and development.
AB458, s. 9 23Section 9. 118.019 (3) (c) of the statutes is created to read:
AB458,6,2524 118.019 (3) (c) A statement that the school board is not providing any human
25growth and development instruction to pupils enrolled in the school district.
AB458, s. 10
1Section 10. 146.89 (3r) (e) of the statutes is amended to read:
AB458,7,52 146.89 (3r) (e) Under this subsection, a volunteer health care provider may
3provide instruction in human growth and development if the instructional program
4is in compliance with requirements of s. 118.019, except that the volunteer health
5care provider may not provide instruction on a topic specified under s. 118.019 (2) (e)
.
AB458,7,66 (End)
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