AN ACT Relating to the prevention of infection with AIDS through sexual contact; adding new sections to chapter 70.24 RCW; creating a new section; and declaring an emergency.

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

NEW SECTION. Sec. 1. This act is necessary for the immediate preservation of the public peace, health, morals, and safety, the support of the state government and its existing public institutions, and shall take effect immediately.

NEW SECTION. Sec. 2. The legislature finds that acquired immune deficiency syndrome (AIDS) is a deadly communicable disease and that AIDS education in the public schools is a significant and essential means of protecting the public health, controlling the transmission of AIDS, and preventing persons from exposure to and infection by the AIDS virus.

It is the intent of the legislature 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 be trained in teaching sexual abstinence as such; that parents and local communities have the sole authority to decide what curriculum shall be presented in their local school districts; and that a comparative analysis be made of the various curriculum programs to statistically determine the effectiveness of each program.

NEW SECTION. Sec. 3. Local school districts shall have the exclusive and ultimate authority to determine the form and substance of any AIDS curriculum materials and instruction they determine is appropriate for use within their district, subject to the requirements of this act. Such curriculum may be submitted to the office of the superintendent of public instruction or the department of social and health services for review and comment.

NEW SECTION. Sec. 4. (1) The curriculum for AIDS education to be implemented at the district level shall:

(a) Include age appropriate and medically accurate health information about the HIV virus and the disease of AIDS;

(b) Stress abstinence as the only one hundred percent effective method of preventing AIDS and other sexually transmitted diseases, including the serious potential hazards of these diseases;

(d) Include the possible physical, psychological, and emotional consequences of preadolescent and adolescent sexual intercourse outside of marriage, including unwanted pregnancy;

(e) Stress that students should abstain from sexual intercourse until after marriage;

(f) Teach honor and respect for monogamous heterosexual marriage;

(g) Advise students of laws pertaining to their financial responsibilities to children born in or out of wedlock;

(h) Emphasize that the student has the power to control personal behavior and encourage them to base their actions on reason, self-discipline, a sense of responsibility, self-control, and ethical considerations, such as respect for one's self and others; and

(i) Teach students to not make unwanted physical and verbal sexual advances, that it is wrong to take advantage of or exploit another person, how to say no to such advances, and how to avoid or resist negative peer pressure.

(2) In order for a curriculum which teaches abstinence as a premarital lifestyle to be taught effectively, the following must be taught:

(a) The power to create life is exercised each time sexual intercourse occurs;

(b) Respect the privacy of one's self and others;

(c) Abstinence is more than just postponement of intercourse but the postponement of physical involvement which will lead to sexual intercourse;

(d) Abstinence is a premarital lifestyle recommended for teenagers, but the skills utilized in achieving premarital abstinence facilitate the achievement of fidelity in marriage; and

(e) Awareness of the health risks of premarital sexual activity from the physical, emotional, and social aspects, as well as the advantages of waiting. In order for teens to achieve this goal, skills regarding decision-making, peer pressure, and media pressure must be presented.

(3) Teachers shall undergo training to ensure competency to present abstinence curriculum materials and instruction effectively.

NEW SECTION. Sec. 5. The office of the superintendent of public instruction shall perform a study of AIDS curriculum programs, such as KNOW, FLASH, CHEF, Teen-Aid, and others, to determine which programs bring about abstinent values, a greater understanding about AIDS, and assist students and their parents in discussing the important issues of postponing sexual involvement until marriage. The study shall be completed and presented to the legislature by June 30, 1990.

NEW SECTION. Sec. 6. (1) AIDS curriculum and instruction shall not be presented to any student without the prior informed consent of the student's parents or guardian. The consent shall be in writing and shall be signed. "Parents" means any parent who has legal custody of the student, or both parents if both have legal custody, and any parent, stepparent, or foster parent within whose dwelling the student resides.

(2) As used in this section, "prior informed consent" means either of the following:

(a) Prior informed written consent of the student, if the student is an adult or emancipated minor; or

(b) Prior informed written consent of the student's parents or guardian, if the student is an unemancipated minor.

(3) Materials to be used in connection with any AIDS curriculum or instruction shall be available for inspection by the student's parents or guardian. The parents or guardian shall be notified that these materials are available for inspection before the school can obtain a valid prior informed written consent under this section. Such notice shall be provided not fewer than ten working days before any instruction described in section 4 of this act occurs.

NEW SECTION. Sec. 7. Sections 3 through 6 of this act are each added to chapter 70.24 RCW.