Amendment
Bill No. 1527
Amendment No. 322089
CHAMBER ACTION
Senate House
.
.
.






1Representative Gottlieb offered the following:
2
3     Amendment (with title amendment)
4     Remove everything after the enacting clause and insert:
5     Section 1.  Section 1003.465, Florida Statutes, is created
6to read:
7     1003.465  Abstinence-only instruction; parental right to
8know.--
9     (1)  For the purposes of this section, the term "medically
10accurate" means information supported by the weight of research
11conducted in compliance with accepted scientific methods and
12recognized as accurate and objective by leading professional
13organizations and agencies with relevant expertise in the field.
14     (2)  The principal of any school that receives funding for
15abstinence-only instruction or a school principal who elects to
16provide abstinence-only instruction to students in grades 6
17through 12 shall, at the beginning of each school year or at the
18time of enrollment for a student who enrolls in a school after
19the beginning of the school year, mail a notice to the parents
20of affected students stating the following:
21     (a)  Your child is receiving abstinence-only instruction.
22     (b)  Abstinence-only instruction does not teach students
23how to prevent pregnancy or sexually transmitted infections
24other than by remaining abstinent.
25     (c)  Your child is not receiving the following information:
26     1.  Methods, other than abstinence, for preventing
27pregnancy and sexually transmitted infections, including, but
28not limited to, HIV/AIDS.
29     2.  Medically accurate instruction on the risks and
30benefits, including safety and efficacy, of Food and Drug
31Administration (FDA) approved methods for:
32     a.  Reducing the risk of contracting sexually transmitted
33infections, including HIV/AIDS.
34     b.  Preventing pregnancy.
35     3.  Medically accurate instruction on the correct use of
36FDA approved methods for:
37     a.  Reducing the risk of contracting sexually transmitted
38infections, including HIV/AIDS.
39     b.  Preventing pregnancy.
40     4.  Instruction that provides sexually active students with
41the necessary skills for making and implementing responsible
42decisions about relationships and sexuality, including the use
43of all effective methods to prevent pregnancy and sexually
44transmitted infections, including HIV/AIDS.
45     (d)  Parents have the right to review the abstinence-only
46curriculum in its entirety, and written and audio/visual
47educational materials used in abstinence-only instruction shall
48be reasonably accessible for inspection.
49     (e)  Parents have the right to excuse their child from all
50or parts of abstinence-only instruction.
51     (f)  Parents have the right to be involved in their child's
52education.
53     (3)  Any student whose parent makes written request to the
54school principal shall be excused from all or parts of
55abstinence-only instruction. A student so excused may not be
56subject to disciplinary action, academic penalty, or other
57sanction for such excusal.
58     (4)  The school shall inform parents of affected students
59of the opportunity for commenting through the district school
60board or through an alternative procedure on the abstinence-only
61curriculum either by including information about this process in
62the notification under subsection (2) or in a separate notice to
63be mailed at the beginning of each school year or at the time of
64enrollment for a student who enrolls in a school after the
65beginning of the school year.
66     (5)(a)  Any parent who believes that he or she failed to
67receive the notice required under subsection (2) may file a
68complaint with the district school superintendent. Within 30
69days after receiving a complaint, the superintendent shall take
70any warranted corrective action and notify the complainant and
71the principal of the corrective action taken.
72     (b)  Upon receipt of notice from the superintendent
73required under paragraph (a) or at least 30 days after filing a
74complaint with the superintendent, the parent may appeal to the
75district school board regarding the insufficiency of corrective
76action. Within 30 days after receiving the complaint, the
77district school board shall take any warranted corrective action
78and notify the complainant and the superintendent of the
79corrective action taken.
80     (c)  Upon receipt of notice from the district school board
81required under paragraph (b) or at least 30 days after filing a
82complaint with the district school board, the parent may appeal
83to the Commissioner of Education regarding the insufficiency of
84corrective action. The commissioner shall investigate the
85complaint and make a finding regarding compliance with the
86provisions of this section. If the commissioner makes a finding
87of substantial noncompliance, he or she shall take corrective
88action, including prohibiting the school district from accepting
89state and federal funding for abstinence-only instruction for a
90period of at least one calendar year.
91     Section 2.  This act shall take effect July 1, 2006.
92
93======= T I T L E  A M E N D M E N T ==========
94     Remove the entire title and insert:
95
A bill to be entitled
96An act relating to the parental right to know concerning
97children's abstinence-only instruction; creating s.
981003.465, F.S.; providing parental right to know with
99respect to abstinence-only instruction; defining the term
100"medically accurate"; requiring certain school principals
101to mail a notice to parents regarding the provision of
102abstinence-only instruction and the right to review the
103abstinence-only curriculum; authorizing excuse from such
104instruction under certain conditions; providing a process
105for parental comment on the curriculum; providing for the
106filing of complaints and appeals; providing for
107investigation and corrective action; providing an
108effective date.


CODING: Words stricken are deletions; words underlined are additions.