BP BHEAD INT H [atlas:bill]

AN ACT Relating to abstinence education; adding a new section to chapter 70.58 RCW; adding a new chapter to Title 70 RCW; and declaring an emergency.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. The legislature finds that sexual activity between teenagers has increased dramatically in recent years. Consequently, the number of teen pregnancies and teens who have contracted sexually transmitted diseases has increased to alarming rates. The effects of sexual activity, therefore, can substantially and negatively impact a teenager.

The legislature also finds that an important component in helping teenagers avoid the psychological, emotional, physical, and social harm that can result from sexual activity among teenagers is to teach them the value of postponing sexual activity.

Therefore it is the intent of the legislature that the state facilitate the establishment of abstinence education programs in the communities throughout Washington state.

NEW SECTION. Sec. 2. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

(1) "Abstinence education" means an educational or motivational program that: (a) Has as its exclusive purpose, teaching the social, psychological, and health gains to be realized by abstaining from sexual activity; (b) teaches abstinence from sexual activity outside of marriage as the expected standard for all school age children; (c) teaches that abstinence from sexual activity is the only certain way to avoid out-of-wedlock pregnancy, sexually transmitted diseases, and other associated health problems; (d) teaches that a mutually faithful monogamous relationship in the context of marriage is the expected standard of human sexual activity; (e) teaches that sexual activity outside of the context of marriage is likely to have harmful psychological, emotional, physical, and societal effects; (f) teaches that bearing children out of wedlock is likely to have harmful consequences for the child, the child's parents, and society; (g) teaches young people how to reject sexual advances and how alcohol and drug use increases vulnerability to sexual advances; and (h) teaches the importance of attaining self-sufficiency before engaging in sexual activity.

(2) "Committee" means the abstinence education oversight committee established in section 5 of this act.

(3) "Department" means the department of health.

(4) "Grantees" means applicants for federal abstinence education funds that are granted funding by the department of health.

NEW SECTION. Sec. 3. (1) The department shall apply for federal funds for abstinence education from the United States department of human services under Title V of the social security act (43 U.S.C. Sec. 701 et seq.). The funds must be used exclusively for abstinence education and, if appropriate, mentoring, counseling, and adult supervision to promote abstinence from sexual activity among unwed minors.

(2) In order to meet the requirements of this chapter, the department shall maximize the use of these federal funds by contracting, through the abstinence education oversight committee, only with private and public sector organizations that have extensive experience with abstinence education as the sole basis for their abstinence education curriculum and are currently teaching abstinence education.

NEW SECTION. Sec. 4. The goals of abstinence education are a measurable reduction of the incidence of sexually transmitted disease, a measurable reduction in abortions, and a measurable reduction in out-of-wedlock births.

The effectiveness of abstinence education programs in meeting the goals described in this section must be reported by the oversight committee to appropriate senate and house of representatives standing committees.

NEW SECTION. Sec. 5. There is established the abstinence education oversight committee to consist of six members to be appointed by the legislature. The speaker of the house of representatives shall appoint three members, including two members of the house of representatives and a member of the community who has significant experience in providing abstinence education. The majority leader in the senate shall appoint three members, including two members of the senate and a member of the community who has significant experience in providing abstinence education. The purpose of the committee is to ensure that federal and state resources are used to achieve the goals of this chapter. Committee members shall appoint a qualified agency designated as the lead agency to administer funds to all grantees, coordinate research, and distribute reports. Members of the committee may be reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060, subject to legislative appropriations.

NEW SECTION. Sec. 6. Subject to the restrictions contained in this chapter, the committee is authorized to establish criteria and approve applicants from organizations for funding programs designed to teach abstinence education. The committee shall establish a set of standards to assess progress in meeting the goals of the program as established in section 4 of this act.

NEW SECTION. Sec. 7. (1) Applicants for funding under this chapter must:

(a) Demonstrate an understanding of the purpose of abstinence education;

(b) Provide a detailed description of the organization's educational program; and

(c) Possess appropriate corporate licensing, whether or not the organization is for-profit, not-for-profit, or church-based.

(2) An organization may not be granted funds for abstinence education if the parent organization or any subsidiary of the parent organization provides abortion services, counseling, or referrals for abortions or provides contraceptives, counseling, or referrals for contraceptives.

(3) Faith-based organizations may apply to the committee for abstinence education funds.

NEW SECTION. Sec. 8. (1) All grantees must:

(a) Comply with the requirements of the program and adhere to the standards outlined in the definition of abstinence education in section 2 of this act;

(b) Consent to an annual audit by an independent certified public accountant; and

(2) Grantees may use abstinence education funds for promotional and advertising programs including, but not limited to, billboards and signs. Funds may also be used to train teachers in premarital abstinence education techniques.

(3) Failure to comply with proper allocation and usage of state or federal funds under this section may result in permanent ineligibility for funds to teach abstinence education. In addition, any grantee that uses abstinence education funds in violation of this chapter may be required to reimburse the department for the amount of the misappropriated funds and pay a reasonable penalty as determined by the department.

NEW SECTION. Sec. 9. All textbooks and other curricula material, including teacher resources, used in an abstinence education program must be published and readily available for public and parental inspection upon request.

NEW SECTION. Sec. 10. A new section is added to chapter 70.58 RCW to read as follows:

The department shall collect data related to the age and marital status of women. The department shall also collect data, when the information is available, related to the fathers of the children of teenage mothers, including their age and marital status.

NEW SECTION. Sec. 11. Sections 1 through 9 of this act constitute a new chapter in Title 70 RCW.

NEW SECTION. Sec. 12. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION. Sec. 13. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately.