SENATE BILL REPORT

SB 6273

BYSenators West, Stratton, Smith, Nelson, Metcalf, Johnson and Rasmussen

Revising provisions for AIDS education in public schools.

Senate Committee on Health & Long-Term Care

Senate Hearing Date(s):January 18, 1990

Senate Staff:Don Sloma (786-7414)

AS OF JANUARY 15, 1990

BACKGROUND:

Current law requires that the public schools teach about the life-threatening dangers of AIDS and methods to prevent it.  Such education is required at least once each school year beginning in the fifth grade.  Local school districts must adopt an AIDS education program which must be either the state model curriculum, or a curriculum developed locally and approved by the state office on AIDS for medical accuracy.  At least one month prior to use of the AIDS education program, the school district must make the program available for inspection by parents.  A parent who has reviewed the curriculum may excuse their child from attendance in the AIDS program. 

The AIDS program must teach students which behaviors place people at risk for contracting HIV/AIDS and methods to avoid such risk.  The program must also stress that "... abstinence from sexual activity is the only certain means for the prevention of the spread or contraction of the AIDS virus through sexual contact.  It shall also teach that condoms and other artificial means of birth control are not a certain means of preventing the spread of the AIDS virus and reliance on condoms puts a person at risk for exposure to the disease."

Controversy has arisen as to whether the state model curriculum adequately places emphasis on sexual abstinence as required by law, and as to whether the state office on AIDS has misused its statutory authority to approve locally developed curricula for medical accuracy.

SUMMARY:

The Legislature intends that all curriculum materials and instruction concerning AIDS clearly define abstinence and give primary and special emphasis to presenting it as the preferable premarital lifestyle and as the best and only sure means of avoiding infection with the AIDS virus from sexual contact; that teachers and parents be trained in teaching sexual abstinence; that parents and communities have the sole authority to decide what curriculum shall be presented in their local school districts; and that a statistical analysis be made to determine the effectiveness of each program.

Local school districts are given the exclusive and ultimate authority to determine the form and substance of any AIDS curriculum materials and instruction that is appropriate for use in their district, subject to state law.

Statutory criteria are established for AIDS education to be implemented at the local level including (1) age appropriateness and medical accuracy of information, (2) abstinence as the only effective prevention method to avoid AIDS and other sexually transmitted diseases, (3) information on the failure rate of condoms, (4) possible physical, psychological and emotional consequences of preadolescent and adolescent sexual intercourse outside of marriage, including pregnancy, (5) stress sexual abstinence until marriage, (6) honor and respect for monogamous, heterosexual marriage, (7) advice on laws regarding financial responsibilities to children born in or out of wedlock; (8) advise that sexual contact between males and females under the age of eighteen is unlawful out of wedlock; (9) emphasize that students have the power to control personal behavior and encourage reason, self-discipline, self-control, and ethical considerations; and (10) teach not to make unwanted sexual advances, that it is wrong to exploit another person, how to say no and how to avoid or resist negative peer pressure.

Sexual abstinence is defined to involve a premarital lifestyle that recognizes the potential to create human life each time sexual intercourse occurs, and to involve respect for oneself and others and postponement of physical involvement which will lead to sexual intercourse.

The office of Superintendent of Public Instruction must perform a study of various AIDS curriculum programs by June 30, 1990.

It is unlawful for any person to have sexual contact with another person under the age of eighteen other than their lawful wedded spouse.

Existing requirements for AIDS education in the schools are repealed.  The requirement that AIDS information be made available to all newly matriculated students is also repealed.

An emergency is declared and the act takes effect immediately.

Appropriation:    none

Revenue:    none

Fiscal Note:      requested

Effective Date:The bill contains an emergency clause and takes effect immediately.