AB458: Bill Text

2009 Assembly BILL 458

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 An Act to repeal 118.019 (2m); to renumber and amend 118.019 (3); to amend 146.89 (3r) (e); to repeal and recreate 118.019 (1) and 118.019 (2); and to create 115.28 (9m), 118.019 (1m), 118.019 (3) (a), 118.019 (3) (b) and 118.019 (3) (c) of the statutes; relating to: providing instruction in human growth and development.

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 Section 1. 115.28 (9m) of the statutes is created to read:

AB458,3,5 115.28 (9m) Teen pregnancy prevention. Apply for 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.

AB458, s. 2 Section 2. 118.019 (1) of the statutes is repealed and recreated to read:

AB458,3,12 118.019 (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.

AB458, s. 3 Section 3. 118.019 (1m) of the statutes is created to read:

AB458,4,1 118.019 (1m) Definitions. In this section:

AB458,4,4 (a) "Age-appropriate" means suitable to a particular age group of pupils based on the developing cognitive and emotional capacity of and behaviors typical for the age group.

AB458,4,6 (b) "Medically accurate information" means information that satisfies all of the following:

AB458,4,8 1. The information is supported by the weight of research conducted in compliance with accepted scientific methods.

AB458,4,9 2. Where appropriate, the information is published in peer-reviewed journals.

AB458,4,12 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.

AB458, s. 4 Section 4. 118.019 (2) of the statutes is repealed and recreated to read:

AB458,4,16 118.019 (2) Subjects. A school board may provide an instructional program in human growth and development in grades kindergarten to 12. If provided, the instructional program shall do all of the following:

AB458,4,18 (a) Present medically accurate information to pupils and, when age-appropriate, shall address the following topics:

AB458,4,21 1. The importance of communication about sexuality and decision making about sexual behavior between the pupil and the pupil's parents, guardians, or other family members.

AB458,4,23 2. Reproductive and sexual anatomy and physiology, including biological, psychosocial, and emotional changes that accompany maturation.

AB458,4,24 3. Puberty, pregnancy, parenting, body image, and gender stereotypes.

AB458,5,4 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.

AB458,5,7 5. The benefits of and reasons for abstaining from sexual activity. Instruction under this subdivision shall stress the value of abstinence as the most reliable way to prevent pregnancy and sexually transmitted infections.

AB458,5,11 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 contraceptives and barrier methods approved by the federal food and drug administration to prevent pregnancy and sexually transmitted infections.

AB458,5,13 7. Methods for developing healthy life skills, including setting goals, making responsible decisions, communicating, and managing stress.

AB458,5,14 8. How alcohol and drug use affect responsible decision making.

AB458,5,16 9. The impact of media and one's peers on thoughts, feelings, and behaviors related to sexuality.

AB458,5,19 (b) 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.

AB458,5,22 (c) Promote self-esteem and positive interpersonal skills, with an emphasis on healthy relationships, including friendships, marriage, and romantic and familial relationships.

AB458,5,24 (d) Identify counseling, medical, and legal resources for survivors of sexual abuse and assault, including resources for escaping violent relationships.

AB458, s. 5 Section 5. 118.019 (2m) of the statutes is repealed.

AB458, s. 6 Section 6. 118.019 (3) of the statutes is renumbered 118.019 (3) (intro.) and amended to read:

AB458,6,15 118.019 (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 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. 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 for inspection at any time, including prior to their use in the classroom. A school board that elects not to provide an instructional program in human growth and development under this section shall, by September 30 of each school year, send home to the parent or guardian of each pupil enrolled in the school district a notice that includes all of the following:

AB458, s. 7 Section 7. 118.019 (3) (a) of the statutes is created to read:

AB458,6,19 118.019 (3) (a) A statement that the school board is encouraged by state statute to provide instruction in human growth and development in grades kindergarten to 12.

AB458, s. 8 Section 8. 118.019 (3) (b) of the statutes is created to read:

AB458,6,22 118.019 (3) (b) The subjects of instruction required under sub. (2) if the school board were to provide instruction in human growth and development.

AB458, s. 9 Section 9. 118.019 (3) (c) of the statutes is created to read:

AB458,6,25 118.019 (3) (c) A statement that the school board is not providing any human growth and development instruction to pupils enrolled in the school district.

AB458, s. 10 Section 10. 146.89 (3r) (e) of the statutes is amended to read:

AB458,7,5 146.89 (3r) (e) Under this subsection, a volunteer health care provider may provide instruction in human growth and development if the instructional program is in compliance with requirements of s. 118.019, except that the volunteer health care provider may not provide instruction on a topic specified under s. 118.019 (2) (e).

AB458,7,6 (End)