AN ACT Relating to AIDS education in public schools; amending RCW 70.24.210 and 70.24.220; adding new sections to Title 28A RCW; adding a new section to chapter 9A.44 RCW; creating a new section; repealing RCW 28A.05.055 and 28B.10.730; and declaring an emergency.

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

NEW SECTION. Sec. 1. The legislature finds that acquired immunodeficiency 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; teachers be trained in teaching sexual abstinence as such; parents and local communities have the sole authority to decide what curriculum shall be presented in their local school districts; and a comparative analysis be made of the various curriculum programs to statistically determine the effectiveness of each program.

NEW SECTION. Sec. 2. Local school districts shall have the exclusive and ultimate authority to determine the form and substance of any AIDS curriculum materials and instruction that is appropriate for use within their district, subject to the requirements of sections 1 through 5 of this act and RCW 70.24.210 and 70.24.220. 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. 3. The criteria for AIDS education to be implemented at the district level should include the following components:

(1) Age-appropriate and medically accurate health information about the HIV virus and the disease of AIDS;

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

(3) Latest statistical information on the failure rates of condoms in preventing the spread of diseases;

(4) Possible physical, psychological, and emotional consequences of preadolescent and adolescent sexual intercourse outside of marriage, including unwanted pregnancy;

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

(6) Teach honor and respect for monogamous, heterosexual marriage;

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

(8) Advise students that it is unlawful for males or females of any age to have sexual contact with males or females under the age of eighteen to whom they are not married;

(9) 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;

(10) Teach students not to make unwanted physical and verbal sexual advances. Also teach them 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.

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

NEW SECTION. Sec. 4. For the purposes of sections 1 through 5 of this act and RCW 70.24.210 and 70.24.220, "abstinence" means refraining from sexual intercourse. It involves a premarital lifestyle that recognizes the potential to create human life each time sexual intercourse occurs. Abstinence involves respect for the privacy, physically and verbally, of oneself and others and involves postponement of physical involvement which will lead to sexual intercourse.

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. A new section is added to chapter 9A.44 RCW to read as follows:

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

Sec. 7. Section 202, chapter 206, Laws of 1988 and RCW 70.24.210 are each amended to read as follows:

All material directed to children in grades kindergarten through twelve and providing education regarding any sexually transmitted disease that is written, published, distributed, or used by any public entity, and all such information paid for, in whole or in part, with any public moneys shall give primary and special emphasis to the importance of sexual abstinence outside lawful marriage and avoidance of substance abuse in controlling disease.

Sec. 8. Section 401, chapter 206, Laws of 1988 and RCW 70.24.220 are each amended to read as follows:

The legislature finds that the public schools provide a unique and appropriate setting for educating young people about the pathology and prevention of acquired immunodeficiency syndrome (AIDS). The legislature recognizes that schools and communities vary throughout the state and that locally elected school directors should have ((~~a significant role in establishing a program~~)) exclusive and ultimate authority to determine the form of AIDS education in their districts.

NEW SECTION. Sec. 9. The following acts or parts of acts are each repealed:

(1) Section 402, chapter 206, Laws of 1988 and RCW 28A.05.055; and

(2) Section 501, chapter 206, Laws of 1988 and RCW 28B.10.730.

NEW SECTION. Sec. 10. Sections 1 through 4 of this act are each added to Title 28A RCW.

NEW SECTION. Sec. 11. 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.