HB 449

A bill to be entitled
2An act relating to education in public schools concerning
3human sexuality; providing a short title; providing
4definitions; requiring public schools that provide certain
5information or programs to students concerning human
6sexuality to provide information that meets specified
7criteria; providing a process to review compliance with
8such requirement; authorizing parents and guardians to seek
9review of a school's compliance; providing for school
10superintendents, district schools boards, and the
11Commissioner of Education to review compliance and
12corrective actions; providing for severability; providing
13an effective date.
15     WHEREAS, the United States has the highest teen pregnancy
16rate in the industrialized world, with between 750,000 and
17850,000 teen pregnancies each year, and
18     WHEREAS, in this country, 75 to 90 percent of teen
19pregnancies occurring between the ages of 15 to 19 are
20unintended, and
21     WHEREAS, Florida has the sixth highest teen pregnancy rate
22of any state, with 48,440 teenage pregnancies, and
23     WHEREAS, the United States has the highest rate of sexually
24transmitted infections in the industrialized world, with
25approximately 19 million new cases of sexually transmitted
26infections in 2005, almost half of them occurring in young
27people between the ages of 15 to 24, and
28     WHEREAS, according to the Centers for Disease Control and
29Prevention, Florida has the second highest rate of AIDS cases in
30the country, with 4,960 new cases of AIDS reported in 2005 and
31100,809 cases overall, and
32     WHEREAS, according to the Centers for Disease Control and
33Prevention, sexually transmitted infections impose a tremendous
34economic burden on the United States, with direct medical costs
35as high as $14.1 billion per year, and
36     WHEREAS, research shows that teenagers who receive
37sexuality education that includes discussion of contraception
38are more likely than those who receive abstinence-only messages
39to delay sexual activity and to use contraceptives when they do
40become sexually active, and
41     WHEREAS, the American Medical Association, the American
42Nurses Association, the American Academy of Pediatrics, the
43American College of Obstetricians and Gynecologists, the
44American Public Health Association, and the Society of
45Adolescent Medicine support responsible sexuality education that
46includes information regarding abstinence and contraception,
49Be It Enacted by the Legislature of the State of Florida:
51     Section 1.  The Florida Healthy Teens Act.--
52     (1)  This section may be cited as the "Florida Healthy
53Teens Act."
54     (2)  Any public school that receives state funding directly
55or indirectly and that provides information, offers programs, or
56contracts with third parties to provide information or offer
57programs regarding family planning, pregnancy, or sexually
58transmitted infections, including HIV and AIDS, shall provide
59comprehensive, medically accurate, and factual information that
60is age-appropriate.
61     (3)  As used in this section, the term:
62     (a)  "Comprehensive information" means information that:
63     1.  Helps young people gain knowledge about the physical,
64biological, and hormonal changes of adolescence and subsequent
65stages of human maturation;
66     2.  Develops the knowledge and skills necessary to ensure
67and protect young people with respect to their sexual and
68reproductive health;
69     3.  Helps young people gain knowledge about responsible
71     4.  Is appropriate for use with students of any race,
72gender, sexual orientation, and ethnic and cultural background;
73     5.  Develops healthy attitudes and values concerning
74growth, development, and body image;
75     6.  Encourages young people to practice healthy life
76skills, including goal setting, decisionmaking, negotiation, and
78     7.  Promotes self-esteem and positive interpersonal skills,
79focusing on skills concerning human relationships and
80interactions, including platonic, romantic, intimate, and family
81relationships and interactions, and how to avoid abusive
82relationships and interactions;
83     8.  Teaches that abstinence is the only certain way to
84avoid pregnancy or sexually transmitted diseases; and
85     9.  Commencing in the 6th grade:
86     a.  Emphasizes the value of abstinence while not ignoring
87those adolescents who have had sexual intercourse and who
88thereafter may or may not remain sexually active;
89     b.  Helps young people gain knowledge about the specific
90involvement and responsibilities of sexual decisionmaking for
91both genders;
92     c.  Provides information about the health benefits and side
93effects of all contraceptives and barrier-protection methods as
94a means of preventing pregnancy and reducing the risk of
95contracting sexually transmitted infections, including HIV and
97     d.  Encourages family communication about sexuality among
98parents, their children, and other adult household members;
99     e.  Teaches skills for making responsible decisions about
100sexuality, including how to avoid unwanted verbal, physical, and
101sexual advances and how to avoid making unwanted verbal,
102physical, and sexual advances; and
103     f.  Teaches how alcohol and drug use may affect responsible
105     (b)  "Factual information" includes, but is not limited to,
106medical, psychiatric, psychological, empirical, and statistical
108     (c)  "Medically accurate information" means information
109supported by the weight of research conducted in compliance with
110generally accepted scientific methods and recognized as accurate
111and objective by leading professional organizations and agencies
112having relevant expertise in the field.
113     (4)(a)  The parent or guardian of a student who is enrolled
114in a school subject to the requirements of subsection (2) who
115believes that the school is not complying with the requirements
116may file a complaint with the district school superintendent.
117Within 30 days after receipt of a complaint, the superintendent
118shall take any warranted corrective action and provide the
119complainant and the school principal with written notice of the
120corrective action, if any, which was taken.
121     (b)  A parent or guardian who is not satisfied with the
122district school superintendent's response to the complaint may
123file an appeal with the district school board within 30 days
124after receiving the superintendent's written notice of any
125corrective action or, if notice was not timely provided under
126paragraph (a), within 60 days after the complaint was filed with
127the superintendent. Within 30 days after receipt of an appeal
128under this paragraph, the school board shall take any warranted
129corrective action and provide the appellant and the
130superintendent with a written notice of what, if any, corrective
131action was taken.
132     (c)  A parent or guardian who is not satisfied with the
133district school board's response to such an appeal may file an
134appeal with the Commissioner of Education within 30 days after
135receiving the district school board's written notice of any
136corrective action or, if notice was not timely provided under
137paragraph (b), within 60 days after the appeal was filed with
138the school board. The Commissioner of Education shall
139investigate the claim and make a finding regarding compliance
140with subsection (2). Upon a finding of substantial
141noncompliance, the commissioner shall take corrective action,
142including, but not limited to, notifying the parents and
143guardians of all students enrolled in the school that the school
144is in violation of state law.
145     Section 2.  If any provision of this act or its application
146to any person or circumstance is held invalid, the invalidity
147does not affect the remaining provisions or applications of the
148act which can be given effect without the invalid provision or
149application, and to this end the provisions of this act are
151     Section 3.  This act shall take effect July 1, 2008.

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