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H.B. 411
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PUBLIC EDUCATION CURRICULUM
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AMENDMENTS
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2000 GENERAL SESSION
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STATE OF UTAH
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Sponsor: Bill Wright
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AN ACT RELATING TO PUBLIC SCHOOLS; MODIFYING THE INSTRUCTION
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REQUIREMENTS PERTAINING TO COMMUNITY AND PERSONAL HEALTH,
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PHYSIOLOGY, PERSONAL HYGIENE, AND THE PREVENTION OF COMMUNICABLE
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DISEASE CURRICULUM TAUGHT IN GRADES EIGHT THROUGH 12; AND MAKING
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CERTAIN TECHNICAL CHANGES.
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This act affects sections of Utah Code Annotated 1953 as follows:
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AMENDS:
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53A-13-101, as last amended by Chapter 10, Laws of Utah 1996, Second Special Session
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
53A-13-101
is amended to read:
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53A-13-101. Instruction in health -- Parental consent requirements -- Character
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habits -- Conduct and speech of school employees and volunteers -- Political and religious
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doctrine prohibited.
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(1) (a) The State Board of Education shall establish curriculum requirements under Section
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53A-1-402
, that include instruction in:
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(i) community and personal health;
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(ii) physiology;
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(iii) personal hygiene; and
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(iv) prevention of communicable disease.
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[(b) That instruction shall stress the importance of abstinence from all sexual activity
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before marriage and fidelity after marriage as methods for preventing certain communicable
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diseases.]
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(b) (i) h [
That instruction
]
INSTRUCTION RELATING TO SEXUAL ACTIVITY
h shall teach
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only:
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(A) abstinence from sexual activity before marriage and fidelity after marriage; h
AND
h
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(B) personal skills that encourage individual choice of abstinence and fidelity h [
; and
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(C) the negative consequences that occur when criminal prohibitions against fornication,
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adultery, and sodomy are violated by minors or adults
]
AND THAT ANY SEXUAL RELATIONS
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OUTSIDE OF MARRIAGE CONSTITUTES CRIMINAL CONDUCT
h
.
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(ii) At no time may instruction be provided regarding any means or methods that facilitate
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or encourage the violation of any state or federal criminal law by a minor or an adult.
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h
(iii) AT THE PRIOR WRITTEN REQUEST OF A PARENT OR LEGAL GUARDIAN, AND IN
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ACCORDANCE WITH THE REQUIREMENTS OF SECTIONS 76-7-322 AND 76-7-323, A LOCAL SCHOOL
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BOARD MAY PROVIDE FOR INSTRUCTION WHICH:
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(A) OFFERS INFORMATION ON ABSTINENCE ONLY WHICH REDUCES THE RISK OF
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SEXUALLY TRANSMITTED DISEASES AND UNWANTED PREGNANCIES; AND
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(B) STRESSES, IN CONNECTION WITH THE INFORMATION OFFERED IN SUBSECTION
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(1)(b)(iii)(A), THE IMPORTANCE OF ABSTINENCE FROM SEXUAL ACTIVITY BEFORE MARRIAGE AND
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FIDELITY AFTER MARRIAGE IN REDUCING AND ELIMINATING THE RISK OF PSYCHOLOGICAL AND
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PHYSICAL HARMS WHICH MAY RESULT FROM ILLICIT SEXUAL ACTIVITY, AND THAT
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EXTRAMARITAL SEXUAL ACTIVITY IS A VIOLATION OF THE LAW.
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(iv) MATERIALS USED IN THE INSTRUCTION GIVEN UNDER SUBSECTION (1)(b)(i) SHALL BE
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LIMITED TO THOSE PROVIDED BY THE STATE BOARD OF EDUCATION THROUGH THE STATE
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OFFICE OF EDUCATION OR BY ANOTHER STATE AGENCY.
h
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(2) (a) Instruction in the courses described in Subsection (1) shall be consistent and
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systematic in grades eight through 12.
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(b) At the request of the board, the Department of Health shall cooperate with the board
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in developing programs to provide instruction in those areas.
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(3) (a) The board shall adopt rules that:
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(i) provide that the parental consent requirements of Sections
76-7-322
and
76-7-323
are
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complied with; and
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(ii) require a student's parent or legal guardian to be notified in advance and have an
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opportunity to review the information for which parental consent is required under Sections
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76-7-322
and
76-7-323
.
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(b) The board shall also provide procedures for disciplinary action for violation of Section
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76-7-322
or
76-7-323
.
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(4) Honesty, temperance, morality, courtesy, obedience to law, respect for and an
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understanding of the Declaration of Independence and the Constitutions of the United States and
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the state of Utah, Utah history including territorial and preterritorial development to the present,
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the essentials and benefits of the free enterprise system, respect for parents and home, and the
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dignity and necessity of honest labor and other skills, habits, and qualities of character which will
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promote an upright and desirable citizenry and better prepare students for a richer, happier life
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shall be taught in connection with regular school work.
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(5) (a) In keeping with the requirements of Subsection (4), and because school employees
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and volunteers serve as examples to their students, school employees or volunteers acting in their
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official capacities may not support or encourage criminal conduct by students, teachers, or
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volunteers.
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(b) To ensure the effective performance of school personnel, the limitations described in
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Subsection (5)(a) also apply to school employees or volunteers acting outside of their official
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capacities if:
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(i) they knew or should have known that their action could result in a material and
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substantial interference or disruption in the normal activities of the school; and
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(ii) that action does result in a material and substantial interference or disruption in the
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normal activities of the school.
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(c) Neither the State Office of Education nor local school districts may provide training
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of school employees or volunteers that supports or encourages criminal conduct.
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(d) The State Board of Education shall adopt rules implementing this section.
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(e) Nothing in this section limits the ability or authority of the State Board of Education
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and local school boards to enact and enforce rules or take actions that are otherwise lawful,
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regarding educators', employees', or volunteers' qualifications or behavior evidencing unfitness for
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duty.
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(6) Except as provided in Section
53A-13-101.1
, political, atheistic, sectarian, religious,
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or denominational doctrine may not be taught in the public schools.
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(7) (a) Local school boards and their employees shall cooperate and share responsibility
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in carrying out the purposes of this chapter.
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(b) Each school district shall provide appropriate inservice training for its teachers,
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counselors, and school administrators to enable them to understand, protect, and properly instruct
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students in the values and character traits referred to in this section and Sections
53A-13-101.1
,
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53A-13-101.2
,
53A-13-101.3
,
53A-13-301
, and
53A-13-302
and distribute appropriate written
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materials on the values, character traits, and conduct to each individual receiving the inservice
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training.
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(c) The written materials shall also be made available to classified employees, students,
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and parents and guardians of students.
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(d) In order to assist school districts in providing the inservice training required under
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Subsection (7)(b), the State Board of Education shall, as appropriate, contract with a qualified
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individual or entity possessing expertise in the areas referred to in Subsection (7)(b) to develop and
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disseminate model teacher inservice programs which districts may use to train the individuals
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referred to in Subsection (7)(b) to effectively teach the values and qualities of character referenced
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in that subsection.
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(e) In accordance with [the provisions of] Subsection (5)(c), inservice training may not
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support or encourage criminal conduct.
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(8) If any one or more provision, subsection, sentence, clause, phrase, or word of this
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section, or the application thereof to any person or circumstance, is found to be unconstitutional,
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the balance of this section shall be given effect without the invalid provision, subsection, sentence,
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clause, phrase, or word.
Legislative Review Note
as of 2-8-00 7:06 AM
A limited legal review of this legislation raises no obvious constitutional or statutory concerns.