HOUSE REPUBLICAN STAFF ANALYSIS House File 611 – Sex Education in Schools Education March 29, 2007 Ann McCarthy (1-3015) Bill: Committee: Date: Staff: _________________________________________________________________________________ Sex Education in Public and Private Schools This bill mandates that school districts and accredited nonpublic schools offer “age appropriate and research-based” human growth and development instruction. The bill contains an exemption for conflicts with religious doctrines taught by the nonpublic school. ________________________________________________________________________________ Summary of Action The House PASSED HF 611 on March 29, 2007, by a vote of 55-40. The Senate PASSED HF 611 on April 10, 2007, by a vote of 30-19. The Governor SIGNED HF 611 on April 20, 2007. _______________________________________________________________________________________ Section-by-Section Analysis Section 1: In response to the Jetseta Gage tragedy, the 2005 legislature added a new law requiring the Department of Education to make available to school districts age-appropriate materials and a list of resources for parents to use with their children to recognize unwanted physical and verbal sexual advances. This section: Requires the materials to be research-based. Requires the material to include information about the dangers of sexual exploitation via the internet. Adds a requirement that the Department make scientifically based-research studies available to school districts about health and wellness. School districts are encouraged to incorporate this information into their teaching. Sections 2 and 3: These sections require, as a condition of state accreditation: Age-appropriate and research-based human growth and development in grades 1 through 12. Age-appropriate and research-based instruction on sexually transmitted diseases in grades 7 through 12. This is to include instruction on the HPV and the availability of a vaccine to prevent HPV. Section 4: In a section of the Iowa Code separate from state accreditation, the local school board is required to make the human growth and development curriculum available to parents and guardians. The student may opt out of human growth and development instruction upon written request of the parent/guardian. This section inserts the same age-appropriate research-based requirement found in Sections 2 and 3 of the bill and defines “age-appropriate” and “research-based.” “Age appropriate” means topics, messages, and teaching methods suitable to particular ages or age groups of children and adolescents, based on developing cognitive, emotional, and behavioral capacity typical for the age or age group. "Research-based" means all of the following: (1) Complete information that is verified or supported by the weight of research conducted in compliance with accepted scientific methods; recognized as medically accurate and objective by leading professional organizations and agencies with relevant expertise in the field, such as the American college of obstetricians and gynecologists, the American public health association, the American academy of pediatrics, and the national association of school nurses; and published in peer-reviewed journals where appropriate. (2) Information that is free of racial, ethnic, sexual orientation, and gender biases. This section also gives explicit authority for any agency or organization the right to view information about the curriculum and the procedures the local district has to inspecting the material prior to use in the classroom. _________________________________________________________________________________________ Amendments Amendments Adopted H-1332 by Mascher Outside Agency Review Strikes the requirement that providing information to any agency or organization depends solely upon statistical research. ADOPTED by voice vote. H- 1493 by Heaton and Tymeson Nonpublic schools Allows an accredited nonpublic school to choose curriculum according to the school’s doctrinal teaching, ADOPTED by voice vote. H-1543 to H-1493 by Heaton Technical to H-1493. ADOPTED by voice vote. H-1496 by Winckler Abstinence only Democrats take credit for abstinence and abstinence-only materials and curriculum. Allows districts and accredited nonpublic schools to offer this curriculum. ADOPTED, as amended, by voice vote. H-1542 to H-1496 by Winckler Technical. ADOPTED by voice vote. Amendments Defeated H-1505 by Alons, DeBoef and Mertz Information to Parents Similar to Amendment H-1526. Requires school districts to provide parents information about the curriculum prior to school starting. Current law just says that the district do this annually. LOST on voice vote. H-1533 by Alons, DeBoef, Chambers, Tymeson, Soderberg and Mertz Parents consent to sex ed Requires written permission from the parent/guardian prior to the student taking human growth and development curriculum. LOST on a record roll call vote of 44-51. H-1520 by DeBoef Organizations Considered Research-based Strikes the list of named organizations that are considered researched – based and insert the following as research based resources: Heritage Foundation The American College of Pediatricians The National Physicians Center for Family Resources The Physicians Live Alliance LOST on voice vote. H-1523 by DeBoef Organizations Considered Research-based Similar to H-1520. Adds to the list of named researched based organizations the following: Heritage Foundation The American College of Pediatricians The National Physicians Center for Family Resources The Physicians Live Alliance LOST on voice vote. Amendments Withdrawn or Out of Order H-1528 by Pettengill Financial Literacy Requires one-half unit of personal financial literacy and recognizes that such requirement is a state mandate. WITHDRAWN H-1532 by Pettengill Financial Literacy with Funding Similar to H-1528 but adds $5,000,000 to the Department of Education to fund the financial literacy requirement. WITHDRAWN H-1526 to H-1332 by Alons. Permissive review Changes “shall” to “may” in regards to a district providing an organization or organization information about the curriculum and information about the procedure for inspecting and updating the instructional materials. WITHDRAWN H-1506 by Alons Clarification of type of agency that can request information. OUT OF ORDER H-1512 by Alons and De Boef Abortion aftermath Requires instruction about abortion to include information concerning the possible physical and psychological complication resulting from abortion and where the individual can find service to alleviate said complications. WITHDRAWN H-1507 by Alons, DeBoef and Mertz Ultrasound Information Required Requires curriculum for high school to include fetal models and four-dimensional ultrasound images of the fetus. Requires information to parent about curriculum to include the models and ultrasound images. WITHDRAWN H-1302 by Tymeson Eliminates unfunded mandate Strikes requirement that the school district must evaluate and upgrade their human growth and development instructional materials. No funding is provided in the bill for a district to do this. WITHDRAWN H-1300 by Tymeson Parent Review Required for Accreditation Makes the offering of the curriculum to parents a condition of state accreditation. This makes districts more accountable to the parents. WITHDRAWN H-1508 by Alons, De Boef and Mertz Health Curricula Reviewed by Parents Allows parents to also inspect the district’s health curricula. Allows a student to also opt out of the health instruction. WITHDRAWN H-1094 by Tymeson Named Medical Organizations This amendment strikes references to named medical organizations but keeps portion of definition saying that research-based means complete information verified or supported by the scientific methods and is medically accurate. WITHDRAWN H-1509 by Alons, DeBoef and Mertz Information on Adoption Requires instruction on human sexuality to include information on adoption. WITHDRAWN H-1415 by Tymeson Abstinence only Research-based is not to be construed to prohibit a school or school district from developing and making available abstinence-based or abstinence–only materials and curriculum. This applies to accredited nonpublic schools. WITHDRAWN due to adoption of other abstinence only amendment. H-1539 to H-1415 by Tymeson Technical clarification. OUT OF ORDER