HB 663

1	A bill to be entitled
2	An act relating to public K-12 educational instruction;
3	creating s. 1003.465, F.S.; providing parental right to
4	know with respect to abstinence-only instruction; defining
5	the term "medically accurate"; requiring certain school
6	principals to mail a notice to parents regarding the
7	provision of abstinence-only instruction and the right to
8	review the abstinence-only curriculum; authorizing excuse
9	from such instruction under certain conditions; providing
10	a process for parental comment on the curriculum;
11	providing for the filing of complaints and appeals;
12	providing for investigation and corrective action;
13	providing an effective date.
14
15	Be It Enacted by the Legislature of the State of Florida:
16
17	Section 1.  Section 1003.465, Florida Statutes, is created
18	to read:
19	1003.465  Abstinence-only instruction; parental right to
20	know.--
21	(1)  As used in this section, the term "medically accurate"
22	means information supported by the weight of research conducted
23	in compliance with accepted scientific methods and recognized as
24	accurate and objective by leading professional organizations and
25	agencies having relevant expertise in the field.
26	(2)  The principal of any school that receives funding for
27	abstinence-only instruction or a school principal who elects to
28	provide abstinence-only instruction to students in grades 6
29	through 12 shall, at the beginning of each school year or at the
30	time of enrollment for a student who enrolls in a school after
31	the beginning of the school year, mail a notice to the parents
32	of affected students stating the following:
33	(a)  Your child is receiving abstinence-only instruction.
34	(b)  Abstinence-only instruction does not teach students
35	how to prevent pregnancy or sexually transmitted infections
36	other than by remaining abstinent.
37	(c)  Your child is not receiving the following information:
38	1.  Methods, other than abstinence, for preventing
39	pregnancy and sexually transmitted infections, including, but
40	not limited to, HIV/AIDS.
41	2.  Medically accurate instruction on the risks and
42	benefits, including safety and efficacy, of methods approved by
43	the Food and Drug Administration (FDA) for:
44	a.  Reducing the risk of contracting sexually transmitted
45	infections, including HIV/AIDS.
46	b.  Preventing pregnancy.
47	3.  Medically accurate instruction on the correct use of
48	methods approved by the FDA for:
49	a.  Reducing the risk of contracting sexually transmitted
50	infections, including HIV/AIDS.
51	b.  Preventing pregnancy.
52	4.  Instruction that provides sexually active students with
53	the necessary skills for making and implementing responsible
54	decisions about relationships and sexuality, including the use
55	of all effective methods to prevent pregnancy and sexually
56	transmitted infections, including HIV/AIDS.
57	(d)  Parents have the right to review the abstinence-only
58	curriculum in its entirety, and written and audio/visual
59	educational materials used in abstinence-only instruction shall
60	be reasonably accessible for inspection.
61	(e)  Parents have the right to excuse their child from all
62	or parts of abstinence-only instruction.
63	(f)  Parents have the right to be involved in their child's
64	education.
65	(3)  Any student whose parent makes a written request to
66	the school principal shall be excused from all or parts of
67	abstinence-only instruction. A student so excused may not be
68	subject to disciplinary action, academic penalty, or other
69	sanction for such excusal.
70	(4)  The school shall inform parents of affected students
71	of the opportunity for commenting through the district school
72	board or through an alternative procedure on the abstinence-only
73	curriculum by including information about this process in the
74	notification under subsection (2) or in a separate notice to be
75	mailed at the beginning of each school year or at the time of
76	enrollment for a student who enrolls in a school after the
77	beginning of the school year.
78	(5)(a)  Any parent who believes that he or she failed to
79	receive the notice required under subsection (2) may file a
80	complaint with the district school superintendent. Within 30
81	days after receiving a complaint, the superintendent shall take
82	any warranted corrective action and notify the complainant and
83	the principal of the corrective action taken.
84	(b)  Upon receipt of notice from the superintendent
85	required under paragraph (a) or at least 30 days after filing a
86	complaint with the superintendent, the parent may appeal to the
87	district school board regarding the insufficiency of corrective
88	action. Within 30 days after receiving the complaint, the
89	district school board shall take any warranted corrective action
90	and notify the complainant and the superintendent of the
91	corrective action taken.
92	(c)  Upon receipt of notice from the district school board
93	required under paragraph (b) or at least 30 days after filing a
94	complaint with the district school board, the parent may appeal
95	to the Commissioner of Education regarding the insufficiency of
96	corrective action. The commissioner shall investigate the
97	complaint and make a finding regarding compliance with the
98	provisions of this section. If the commissioner makes a finding
99	of substantial noncompliance, he or she shall take corrective
100	action, including prohibiting the school district from accepting
101	state and federal funding for abstinence-only instruction for a
102	period of at least one calendar year.
103	Section 2.  This act shall take effect July 1, 2007.

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