Introduced Version
SENATE BILL No. 327
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 20-30-5-13.5.
Synopsis: Parental notice of abstinence-only education. Requires a
principal to send notice to parents if the school is providing
abstinence-only human sexuality courses. Specifies the language of the
notice. Allows a parent to have the parent's child excused from
abstinence-only courses. Provides an appeals process for a parent who
does not receive notice of the parent's right to address the governing
body concerning curriculum.
Effective: July 1, 2008.
January 10, 2008, read first time and referred to Committee on Education and Career
Development.
Introduced
Second Regular Session 115th General Assembly (2008)
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SENATE BILL No. 327
A BILL FOR AN ACT to amend the Indiana Code concerning
education.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 20-30-5-13.5; (08)IN0327.1.1. -->
SECTION 1. IC 20-30-5-13.5 IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2008]:
Sec. 13.5. (a) This section applies to a
school that receives state or federal funding to provide
abstinence-only human sexuality education.
(b) As used in this section in reference to education, instruction,
curricula, and courses, "abstinence-only" means that the
information presented concerning human sexuality or sexually
transmitted diseases emphasizes abstinence from sexual activity
and excludes other types of human sexuality education.
(c) As used in this section, "medically accurate instruction"
means instruction presenting information that is:
(1) supported by the weight of research conducted in
compliance with accepted scientific methods; and
(2) recognized as accurate and objective by leading
professional organizations and agencies with relevant
expertise in the field.
(d) The principal of a school shall send the following notice to
the parents of each student enrolled in abstinence-only courses at
the beginning of each school year or, for a student who enrolls in
the school after the beginning of the school year, at the time of that
student's enrollment:
"Your child is receiving abstinence-only human sexuality
education.
Abstinence-only education does not teach students how to
prevent pregnancy or sexually transmitted diseases other than
by remaining abstinent.
Your child is not receiving the following:
(A) Information on methods, other than abstinence, for
preventing pregnancy and sexually transmitted diseases,
including HIV/AIDS.
(B) Medically accurate instruction on the risks and
benefits, including safety and efficacy, of Food and Drug
Administration (FDA) approved methods for:
(i) reducing the risk of contracting sexually transmitted
diseases, including HIV/AIDS; and
(ii) preventing pregnancy.
(C) Medically accurate instruction regarding the correct
use of FDA approved methods for:
(i) reducing the risk of contracting sexually transmitted
diseases, including HIV/AIDS; and
(ii) preventing pregnancy.
(D) Instruction that provides lesbian, gay, bisexual, and
transgender students with the necessary skills for making
and implementing responsible decisions about
relationships and sexuality, including the use of all
effective methods to prevent sexually transmitted diseases,
including HIV/AIDS.
(E) Instruction that provides sexually active students with
the necessary skills for making and implementing
responsible decisions about relationships and sexuality,
including the use of all effective methods to prevent
pregnancy and sexually transmitted diseases, including
HIV/AIDS.
You have the right to review the abstinence-only curriculum
in its entirety. Written and audiovisual educational materials
used in abstinence-only education are available for inspection.
You have the right to excuse your child from all or parts of
abstinence-only instruction.
You have the right to be involved in your child's education.".
(e) At the written request of a student's parent, a student shall
be excused from all or parts of abstinence-only education. Upon
receipt of a request to withdraw a student, the principal shall
provide the parent with a list of references developed by the state
department of health that provide materials for both abstinence
and comprehensive human sexuality and sexually transmitted
diseases instruction.
(f) A student may not be subject to disciplinary action, an
academic penalty, or any other sanction if the student's parent does
not allow the student to receive abstinence-only education.
(g) The principal shall inform parents of students enrolled in
abstinence-only human sexuality courses of the opportunity to
comment on the curriculum to the governing body either by
including information about the comment process in the notice
required by subsection (d) or in a separate notice to be mailed at
the beginning of each year or, for a student who enrolls in a school
after the beginning of the school year, at the time of that student's
enrollment.
(h) A parent who believes that the parent has not received a
notice required under subsection (d) may file a complaint with the
superintendent. Not later than thirty (30) days after receiving a
complaint under this subsection, the superintendent shall:
(1) take any necessary corrective action; and
(2) inform the parent and principal of the corrective action
taken.
(i) After:
(1) receiving a response from the superintendent under
subsection (h); or
(2) receiving no response from the superintendent after thirty
(30) days;
a parent may file a complaint with the governing body for review
regarding the insufficiency of the corrective action. Not later than
thirty (30) days after receiving a complaint, the governing body
may take corrective action and shall notify the complainant and
superintendent concerning the governing body's action.
(j) After:
(1) receiving a response from the governing body under
subsection (i); or
(2) receiving no response from the governing body after thirty
(30) days;
a parent may file an appeal with the state superintendent if the
parent regards the corrective action taken under subsection (h) or
(i) as insufficient or if the parent has received no response from the
governing body. The state superintendent shall investigate the
claim and make a finding regarding compliance. If the state
superintendent makes a finding of substantial noncompliance, the
state superintendent shall take corrective action, including
prohibiting the district from accepting state and federal funding to
provide abstinence-only education for a period of at least one (1)
calendar year.
(k) A parent who disagrees with the state superintendent's
finding under subsection (j) may petition for judicial review of the
action under IC 4-21.5-5.