House Bill 1505
By: Representatives Wade of the 9th, Donatucci of the 105th, Dempsey of the 13th, Hong of
the 103rd, and Silcox of the 53rd
A BILL TO BE ENTITLED
AN ACT
To amend Part 2 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia
Annotated, relating to competencies and core curriculum under the "Quality Basic Education
Act," so as to provide that the prescribed course of study in sex education and human
immunodeficiency virus (HIV) prevention instruction is age appropriate and medically
accurate and promotes sexual abstinence; to include the subject of personal responsibility in
such course of study; to provide for implementation; to provide for a definition; to provide
for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Part 2 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated,
relating to competencies and core curriculum under the "Quality Basic Education Act," is
amended by revising Code Section 20-2-143, relating to sex education and AIDS prevention
instruction, implementation, and student exemption, as follows:
"20-2-143.
(a) <ins>As used in this Code section, the term 'medically accurate' means that which is based
on sound scientific evidence and accepted medical knowledge, is consistent with
</ins>
<ins>established principles of medicine, and is supported by reputable medical authorities,
research studies, and clinical evidence.
(a.1)(1)</ins> Each local board of education shall prescribe <del>a</del> <ins>an age-appropriate and medically
accurate</ins> course of study in sex education and <del>AIDS</del> <ins>human immunodeficiency virus
(HIV)</ins> prevention instruction for such grades and grade levels in the public school system
as shall be determined by the State Board of Education. Such course of study shall
implement <del>either</del> the minimum course of study provided for in subsection (b) of this Code
section <del>or its equivalent,</del> as approved by the State Board of Education. Each local board
of education shall be authorized to supplement and develop the exact approach of content
areas of such minimum course of study with such specific curriculum standards as it may
deem appropriate. Such standards shall include <ins>age-appropriate and medically accurate
</ins> instruction relating to <ins>the significance of personal boundaries and responsibility in
relationships,</ins> the handling of peer pressure, the promotion of high self-esteem, local
community values, the legal consequences of parenthood, and abstinence from sexual
activity as an effective method of prevention of pregnancy, sexually transmitted <del>diseases,
and acquired immune deficiency syndrome</del> <ins>infections, and human immunodeficiency
virus (HIV).
(2) In the event a local board of education offers more than one course of study in sex
education, including both an abstinence based course and a comprehensive course, the
local board of education shall ensure that:
(A) A parent or legal guardian of each student is provided the opportunity to select, in
writing, the course of study in which such student will be enrolled; and
(B) If a parent or legal guardian does not make an affirmative written selection, the
student shall be enrolled by default in the abstinence based course of study.
(3) Any comprehensive course of study in sex education offered pursuant to this Code
section shall comply with all requirements of this Code section and applicable state law,
including but not limited to, the requirement that instruction emphasize sexual abstinence
</ins>
<ins>as the most effective and safest method of preventing pregnancy, sexually transmitted
infections, and other physical, mental, and emotional harm resulting from underage
sexual activity.
(4) Nothing in this subsection shall be construed to limit a parent’s or legal guardian’s
right to exempt a student from sex education instruction pursuant to subsection (d) of this
Code section.
</ins> (b) The State Board of Education shall prescribe <del>a</del> <ins>an age-appropriate and medically
accurate</ins> minimum course of study in sex education and <del>AIDS</del> <ins>human immunodeficiency
virus (HIV)</ins> prevention instruction which may be included as a part of a course of study in
comprehensive health education for such grades and grade levels in the public school
system as shall be determined by the state board and shall establish standards for its
administration. The course may include <ins>age-appropriate and medically accurate</ins> instruction
concerning human biology, conception, pregnancy, birth, sexually transmitted <del>diseases, and
acquired immune deficiency syndrome</del> <ins>infections, and human immunodeficiency virus
(HIV) based on content developed by the Department of Public Health.</ins> The course shall
include <ins>age-appropriate and medically accurate</ins> instruction concerning the legal
consequences of parenthood, including, without being limited to, the legal obligation of
both parents to support a child and legal penalties or restrictions upon failure to support a
child, including, without being limited to, the possible suspension or revocation of a
parent's driver's license and occupational or professional licenses. The course shall <del>also
</del> include annual age-appropriate <ins>instruction for students in kindergarten through grade nine
concerning awareness and prevention of</ins> sexual abuse and assault <del>awareness and prevention
education in kindergarten through grade nine.</del> A manual setting out the details of such
course of study shall be prepared by or approved by the State School Superintendent in
cooperation with the Department of Public Health, the State Board of Education, and such
expert advisers as they may choose.
(c) The minimum course of study to be prescribed by the State Board of Education
pursuant to subsection (b) of this Code section shall be ready for implementation not later
than <del>July 1, 1988</del> <ins>August 1, 2027.</ins> Each local board shall implement either such minimum
course of study or its equivalent not later than July 1, <del>1989</del> <ins>2028.</ins> Any local board of
education which fails to comply with this subsection shall not be eligible to receive any
state funding under this article until such minimum course of study or its equivalent has
been implemented.
(d) Any parent or legal guardian of a child to whom the course of study set forth in this
Code section is to be taught shall have the right to elect, in writing, that such child not
receive such course of study.
<ins>(e) All curricula and courses of instruction implemented under this Code section shall
emphasize sexual abstinence as the best method of optimizing student health because it is
the only completely reliable method of avoiding pregnancy; sexually transmitted infections,
including human immunodeficiency virus (HIV); and other physical, mental, and emotional
harm resulting from underage sexual activity."
</ins> SECTION 2.
All laws and parts of laws in conflict with this Act are repealed.