| 1 | A bill to be entitled |
| 2 | An act relating to education in public schools concerning |
| 3 | human sexuality; providing a short title; providing |
| 4 | definitions; requiring public schools that provide certain |
| 5 | information or programs to students concerning human |
| 6 | sexuality to provide information that meets specified |
| 7 | criteria; providing a process to review compliance with |
| 8 | such requirement; authorizing parents and guardians to |
| 9 | seek review of a school's compliance; providing for school |
| 10 | superintendents, district schools boards, and the |
| 11 | Commissioner of Education to review compliance and |
| 12 | corrective actions; providing for severability; providing |
| 13 | an effective date. |
| 14 |
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| 15 | Be It Enacted by the Legislature of the State of Florida: |
| 16 |
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| 17 | Section 1. The Florida Healthy Teens Act.-- |
| 18 | (1) This section may be cited as the "Florida Healthy |
| 19 | Teens Act." |
| 20 | (2) Any public school that receives state funding directly |
| 21 | or indirectly and that provides information, offers programs, or |
| 22 | contracts with third parties to provide information or offer |
| 23 | programs regarding family planning, pregnancy, or sexually |
| 24 | transmitted infections, including HIV and AIDS, shall provide |
| 25 | comprehensive, medically accurate, and factual information that |
| 26 | is age-appropriate. |
| 27 | (3) As used in this section, the term: |
| 28 | (a) "Comprehensive information" means information that: |
| 29 | 1. Helps young people gain knowledge about the physical, |
| 30 | biological, and hormonal changes of adolescence and subsequent |
| 31 | stages of human maturation; |
| 32 | 2. Develops the knowledge and skills necessary to ensure |
| 33 | and protect young people with respect to their sexual and |
| 34 | reproductive health; |
| 35 | 3. Helps young people gain knowledge about responsible |
| 36 | decisionmaking; |
| 37 | 4. Is appropriate for use with students of any race, |
| 38 | gender, sexual orientation, and ethnic and cultural background; |
| 39 | 5. Develops healthy attitudes and values concerning |
| 40 | growth, development, and body image; |
| 41 | 6. Encourages young people to practice healthy life |
| 42 | skills, including goal setting, decisionmaking, negotiation, and |
| 43 | communication; |
| 44 | 7. Promotes self-esteem and positive interpersonal skills, |
| 45 | focusing on skills concerning human relationships and |
| 46 | interactions, including platonic, romantic, intimate, and family |
| 47 | relationships and interactions, and how to avoid abusive |
| 48 | relationships and interactions; |
| 49 | 8. Teaches that abstinence is the only certain way to |
| 50 | avoid pregnancy or sexually transmitted diseases; and |
| 51 | 9. Commencing in the 6th grade: |
| 52 | a. Emphasizes the value of abstinence while not ignoring |
| 53 | those adolescents who have had sexual intercourse and who |
| 54 | thereafter may or may not remain sexually active; |
| 55 | b. Helps young people gain knowledge about the specific |
| 56 | involvement and responsibilities of sexual decisionmaking for |
| 57 | both genders; |
| 58 | c. Provides information about the health benefits and side |
| 59 | effects of all contraceptives and barrier-protection methods as |
| 60 | a means of preventing pregnancy and reducing the risk of |
| 61 | contracting sexually transmitted infections, including HIV and |
| 62 | AIDS; |
| 63 | d. Encourages family communication about sexuality among |
| 64 | parents, their children, and other adult household members; |
| 65 | e. Teaches skills for making responsible decisions about |
| 66 | sexuality, including how to avoid unwanted verbal, physical, and |
| 67 | sexual advances and how to avoid making unwanted verbal, |
| 68 | physical, and sexual advances; and |
| 69 | f. Teaches how alcohol and drug use may affect responsible |
| 70 | decisionmaking. |
| 71 | (b) "Factual information" includes, but is not limited to, |
| 72 | medical, psychiatric, psychological, empirical, and statistical |
| 73 | statements. |
| 74 | (c) "Medically accurate information" means information |
| 75 | supported by the weight of research conducted in compliance with |
| 76 | generally accepted scientific methods and recognized as accurate |
| 77 | and objective by leading professional organizations and agencies |
| 78 | having relevant expertise in the field. |
| 79 | (4)(a) The parent or guardian of a student enrolled in a |
| 80 | school that is subject to the requirements of subsection (2) who |
| 81 | believes that the school is not complying with those |
| 82 | requirements may file a complaint with the district school |
| 83 | superintendent. Within 30 days after receipt of the complaint, |
| 84 | the superintendent shall take any warranted corrective action |
| 85 | and provide the complainant and the school principal with |
| 86 | written notice of the corrective action, if any, which was |
| 87 | taken. |
| 88 | (b) A parent or guardian who is not satisfied with the |
| 89 | district school superintendent's response to the complaint may |
| 90 | file an appeal with the district school board within 30 days |
| 91 | after receiving the superintendent's written notice of any |
| 92 | corrective action or, if notice was not timely provided under |
| 93 | paragraph (a), within 60 days after the complaint was filed with |
| 94 | the superintendent. Within 30 days after receipt of an appeal |
| 95 | under this paragraph, the school board shall take any warranted |
| 96 | corrective action and provide the appellant and the |
| 97 | superintendent with a written notice of what, if any, corrective |
| 98 | action was taken. |
| 99 | (c) A parent or guardian who is not satisfied with the |
| 100 | district school board's response to such an appeal may file an |
| 101 | appeal with the Commissioner of Education within 30 days after |
| 102 | receiving the district school board's written notice of any |
| 103 | corrective action or, if notice was not timely provided under |
| 104 | paragraph (b), within 60 days after the appeal was filed with |
| 105 | the school board. The Commissioner of Education shall |
| 106 | investigate the claim and make a finding regarding compliance |
| 107 | with subsection (2). Upon a finding of substantial |
| 108 | noncompliance, the commissioner shall take corrective action, |
| 109 | including, but not limited to, notifying the parents and |
| 110 | guardians of all students enrolled in the school that the school |
| 111 | is in violation of state law. |
| 112 | Section 2. If any provision of this act or its application |
| 113 | to any person or circumstance is held invalid, the invalidity |
| 114 | does not affect the remaining provisions or applications of the |
| 115 | act which can be given effect without the invalid provision or |
| 116 | application, and to this end the provisions of this act are |
| 117 | severable. |
| 118 | Section 3. This act shall take effect July 1, 2009. |