Senate Bill sb1728

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    Florida Senate - 2006                                  SB 1728

    By Senator Geller





    31-1001-06                                          See HB 625

  1                      A bill to be entitled

  2         An act relating to public K-12 educational

  3         instruction; creating s. 1003.465, F.S.;

  4         providing parental right to know with respect

  5         to abstinence-only instruction; defining the

  6         term "medically accurate"; requiring certain

  7         school principals to mail a notice to parents

  8         regarding the provision of abstinence-only

  9         instruction and the right to review the

10         abstinence-only curriculum; authorizing excuse

11         from such instruction under certain conditions;

12         providing a process for parental comment on the

13         curriculum; providing for the filing of

14         complaints and appeals; providing for

15         investigation and corrective action; providing

16         an effective date.

17  

18  Be It Enacted by the Legislature of the State of Florida:

19  

20         Section 1.  Section 1003.465, Florida Statutes, is

21  created to read:

22         1003.465  Abstinence-only instruction; parental right

23  to know.--

24         (1)  For the purposes of this section, the term

25  "medically accurate" means information supported by the weight

26  of research conducted in compliance with accepted scientific

27  methods and recognized as accurate and objective by leading

28  professional organizations and agencies with relevant

29  expertise in the field.

30         (2)  The principal of any school that receives funding

31  for abstinence-only instruction or a school principal who

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    Florida Senate - 2006                                  SB 1728
    31-1001-06                                          See HB 625




 1  elects to provide abstinence-only instruction to students in

 2  grades 6 through 12 shall, at the beginning of each school

 3  year or at the time of enrollment for a student who enrolls in

 4  a school after the beginning of the school year, mail a notice

 5  to the parents of affected students stating the following:

 6         (a)  Your child is receiving abstinence-only

 7  instruction.

 8         (b)  Abstinence-only instruction does not teach

 9  students how to prevent pregnancy or sexually transmitted

10  infections other than by remaining abstinent.

11         (c)  Your child is not receiving the following

12  information:

13         1.  Methods, other than abstinence, for preventing

14  pregnancy and sexually transmitted infections, including, but

15  not limited to, HIV/AIDS.

16         2.  Medically accurate instruction on the risks and

17  benefits, including safety and efficacy, of Food and Drug

18  Administration (FDA) approved methods for:

19         a.  Reducing the risk of contracting sexually

20  transmitted infections, including HIV/AIDS.

21         b.  Preventing pregnancy.

22         3.  Medically accurate instruction on the correct use

23  of FDA approved methods for:

24         a.  Reducing the risk of contracting sexually

25  transmitted infections, including HIV/AIDS.

26         b.  Preventing pregnancy.

27         4.  Instruction that provides sexually active students

28  with the necessary skills for making and implementing

29  responsible decisions about relationships and sexuality,

30  including the use of all effective methods to prevent

31  

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    Florida Senate - 2006                                  SB 1728
    31-1001-06                                          See HB 625




 1  pregnancy and sexually transmitted infections, including

 2  HIV/AIDS.

 3         (d)  Parents have the right to review the

 4  abstinence-only curriculum in its entirety, and written and

 5  audio/visual educational materials used in abstinence-only

 6  instruction shall be reasonably accessible for inspection.

 7         (e)  Parents have the right to excuse their child from

 8  all or parts of abstinence-only instruction.

 9         (f)  Parents have the right to be involved in their

10  child's education.

11         (3)  Any student whose parent makes written request to

12  the school principal shall be excused from all or parts of

13  abstinence-only instruction. A student so excused may not be

14  subject to disciplinary action, academic penalty, or other

15  sanction for such excusal.

16         (4)  The school shall inform parents of affected

17  students of the opportunity for commenting through the

18  district school board or through an alternative procedure on

19  the abstinence-only curriculum either by including information

20  about this process in the notification under subsection (2) or

21  in a separate notice to be mailed at the beginning of each

22  school year or at the time of enrollment for a student who

23  enrolls in a school after the beginning of the school year.

24         (5)(a)  Any parent who believes that he or she failed

25  to receive the notice required under subsection (2) may file a

26  complaint with the district school superintendent. Within 30

27  days after receiving a complaint, the superintendent shall

28  take any warranted corrective action and notify the

29  complainant and the principal of the corrective action taken.

30         (b)  Upon receipt of notice from the superintendent

31  required under paragraph (a) or at least 30 days after filing

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    Florida Senate - 2006                                  SB 1728
    31-1001-06                                          See HB 625




 1  a complaint with the superintendent, the parent may appeal to

 2  the district school board regarding the insufficiency of

 3  corrective action. Within 30 days after receiving the

 4  complaint, the district school board shall take any warranted

 5  corrective action and notify the complainant and the

 6  superintendent of the corrective action taken.

 7         (c)  Upon receipt of notice from the district school

 8  board required under paragraph (b) or at least 30 days after

 9  filing a complaint with the district school board, the parent

10  may appeal to the Commissioner of Education regarding the

11  insufficiency of corrective action. The commissioner shall

12  investigate the complaint and make a finding regarding

13  compliance with the provisions of this section. If the

14  commissioner makes a finding of substantial noncompliance, he

15  or she shall take corrective action, including prohibiting the

16  school district from accepting state and federal funding for

17  abstinence-only instruction for a period of at least one

18  calendar year.

19         Section 2.  This act shall take effect July 1, 2006.

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