HB1505: HB1505 Quality Basic Education Act; prescribed course of study in sex education and human immunodeficiency virus (HIV) prevention instruction is age appropriate and medically accurate; provide

26 LC 49 2754 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 Of ficial Code of Georgia1 Annotated, relating to competencies and core curriculum under the "Quality Basic Education2 Act," so as to provide that the prescribed course of study in s ex education and human3 immunodeficiency virus (HIV) prevention instruction is age appr opriate and medically4 accurate and promotes sexual abstinence; to include the subject of personal responsibility in5 such course of study; to provide for implementation; to provide for a definition; to provide6 for related matters; to repeal conflicting laws; and for other purposes.7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:8 SECTION 1.9 Part 2 of Article 6 of Chapter 2 of Title 20 of the Official Co de of Georgia Annotated,10 relating to competencies and core curriculum under the "Quality Basic Education Act," is11 amended by revising Code Section 20-2-143, relating to sex education and AIDS prevention12 instruction, implementation, and student exemption, as follows:13 "20-2-143.14 (a) As used in this Code section, the term 'medically accurate' means that which is based15 on sound scientific evidence and accepted medical knowledge, is consistent with16 H. B. 1505 - 1 - 26 LC 49 2754 established principles of medicine, and is supported by reputab le medical authorities,17 research studies, and clinical evidence.18 (a.1)(1) Each local board of education shall prescribe a an age-appropriate and medically19 accurate course of study in sex education and AIDS human immunodeficiency virus20 (HIV) prevention instruction for such grades and grade levels in the public school system21 as shall be determined by the State Board of Education. Such c ourse of study shall22 implement either the minimum course of study provided for in subsection (b) of this Code23 section or its equivalent, as approved by the State Board of Education. Each local board24 of education shall be authorized to supplement and develop the exact approach of content25 areas of such minimum course of study with such specific curriculum standards as it may26 deem appropriate. Such standards shall include age-appropriate and medically accurate27 instruction relating to the si gnificance of personal boundaries and responsibility in28 relationships, the handling of peer pressure, the promotion of high self-este em, local29 community values, the legal consequences of parenthood, and abs tinence from sexual30 activity as an effective method of prevention of pregnancy, sexually transmitted diseases,31 and acquired immune deficiency syndrome infections, and human immunodeficiency32 virus (HIV).33 (2) In the event a local board of education offers more than one course of study in sex34 education, including both an abstinence based course and a comp rehensive course, the35 local board of education shall ensure that:36 (A) A parent or legal guardian of each student is provided the opportunity to select, in37 writing, the course of study in which such student will be enrolled; and38 (B) If a parent or legal guardian does not make an affirmative written selection, the39 student shall be enrolled by default in the abstinence based course of study.40 (3) Any comprehensive course of study in sex education offered pursuant to this Code41 section shall comply with all requirements of this Code section and applicable state law,42 including but not limited to, the requirement that instruction emphasize sexual abstinence43 H. B. 1505 - 2 - 26 LC 49 2754 as the most effective and safest method of preventing pregnancy , sexually transmitted44 infections, and other physical, mental, and emotional harm resu lting from underage45 sexual activity.46 (4) Nothing in this subsection shall be construed to limit a parent’s or legal guardian’s47 right to exempt a student from sex education instruction pursuant to subsection (d) of this48 Code section.49 (b) The State Board of Education shall prescribe a an age-appropriate and medically50 accurate minimum course of study in sex education and AIDS human immunodeficiency51 virus (HIV) prevention instruction which may be included as a part of a course of study in52 comprehensive health education for such grades and grade levels in the public school53 system as shall be determined by the state board and shall esta blish standards for its54 administration. The course may include age-appropriate and medically accurate instruction55 concerning human biology, conception, pregnancy, birth, sexually transmitted diseases, and56 acquired immune deficiency syndrome infections, and human immunodeficiency virus57 (HIV) based on content developed by the Department of Public Health. The course shall58 include age-appropriate and medically accurate instruction concerning the legal59 consequences of parenthood, including, without being limited to, the legal obligation of60 both parents to support a child and legal penalties or restrictions upon failure to support a61 child, including, without being limited to, the possible suspen sion or revocation of a62 parent's driver's license and occupational or professional lice nses. The course shall also63 include annual age-appropriate instruction for students in kindergarten through grade nine64 concerning awareness and prevention of sexual abuse and assault awareness and prevention65 education in kindergarten through grade nine . A manual setting out the details of such66 course of study shall be prepared by or approved by the State S chool Superintendent in67 cooperation with the Department of Public Health, the State Board of Education, and such68 expert advisers as they may choose.69 H. B. 1505 - 3 - 26 LC 49 2754 (c) The minimum course of study to be prescribed by the State Board of Education70 pursuant to subsection (b) of this Code section shall be ready for implementation not later71 than July 1, 1988 August 1, 2027. Each local board shall implement either such minimum72 course of study or its equivalent not later than July 1, 1989 2028. Any local board of73 education which fails to comply with this subsection shall not be eligible to receive any74 state funding under this article until such minimum course of s tudy or its equivalent has75 been implemented.76 (d) Any parent or legal guardian of a child to whom the course of study set forth in this77 Code section is to be taught shall have the right to elect, in writing, that such child not78 receive such course of study.79 (e) All curricula and courses of instruction implemented under this Code section shall80 emphasize sexual abstinence as the best method of optimizing student health because it is81 the only completely reliable method of avoiding pregnancy; sexually transmitted infections,82 including human immunodeficiency virus (HIV); and other physical, mental, and emotional83 harm resulting from underage sexual activity."84 SECTION 2.85 All laws and parts of laws in conflict with this Act are repealed.86 H. B. 1505 - 4 -