LRB-2088/1

TKK : nwn&kjf : rs

2011 - 2012 LEGISLATURE

October 14, 2011 - Introduced by Senators Lazich, Galloway, Grothman and

Leibham , cosponsored by Representatives Thiesfeldt, Bernier, Bies, Brooks,

Craig, Jacque, Kleefisch, Knodl, Kooyenga, T. Larson, Litjens, Meyer, Nass,

Nygren, A. Ott, Pridemore, Ripp, Spanbauer, Strachota, Stroebel, Wynn,

Ziegelbauer and LeMahieu . Referred to Committee on Education.

SB237,1,11 1 An Act to repeal 118.019 (1m) (b) 1., 2. and 3., 118.019 (2) (a) 3., 118.019 (2) (a)

2 4., 118.019 (2) (a) 6., 118.019 (2) (b), 118.019 (2m) (b) (intro.), 118.019 (2r) (intro.)

3 and 118.019 (3) (a), (b) and (c); to renumber and amend 118.019 (1m) (b)

4 (intro.), 118.019 (2m) (a), 118.019 (2m) (b) 1., 118.019 (2m) (b) 2., 118.019 (2r)

5 (a), 118.019 (2r) (b) and 118.019 (3) (intro.); to amend 115.29 (7), 118.019 (1),

6 118.019 (1m) (a), 118.019 (2) (intro.), 118.019 (2) (a) (intro.), 118.019 (2) (a) 1.,

7 118.019 (2) (a) 2., 118.019 (2) (a) 5., 118.019 (2) (c), 118.019 (4), 118.019 (5) and

8 146.89 (3r) (e); and to create 118.019 (2) (a) 10., 118.019 (2) (a) 11., 118.019 (2)

9 (e), 118.019 (2) (f), 118.019 (2m) (e), 118.019 (2m) (f) and 118.019 (2s) of the

10 statutes; relating to: providing instruction in human growth and

11 development. 118.019 (1m) (b) 1., 2. and 3., 118.019 (2) (a) 3., 118.019 (2) (a)4., 118.019 (2) (a) 6., 118.019 (2) (b), 118.019 (2m) (b) (intro.), 118.019 (2r) (intro.)and 118.019 (3) (a), (b) and (c);118.019 (1m) (b)(intro.), 118.019 (2m) (a), 118.019 (2m) (b) 1., 118.019 (2m) (b) 2., 118.019 (2r)(a), 118.019 (2r) (b) and 118.019 (3) (intro.);115.29 (7), 118.019 (1),118.019 (1m) (a), 118.019 (2) (intro.), 118.019 (2) (a) (intro.), 118.019 (2) (a) 1.,118.019 (2) (a) 2., 118.019 (2) (a) 5., 118.019 (2) (c), 118.019 (4), 118.019 (5) and146.89 (3r) (e); and118.019 (2) (a) 10., 118.019 (2) (a) 11., 118.019 (2)(e), 118.019 (2) (f), 118.019 (2m) (e), 118.019 (2m) (f) and 118.019 (2s) of thestatutes;

Analysis by the Legislative Reference Bureau

Under current law, a school board may offer an instructional program in human

growth and development (instructional program). If the school board offers an

instructional program, the instructional program must provide medically accurate

information and, when age appropriate, address all of the following: 1)

communication between the pupil and the pupil's parents or guardians about

sexuality; 2) reproductive and sexual anatomy and physiology; 3) puberty,

pregnancy, parenting, body image, and gender stereotypes; 4) skills to make

responsible decisions about sexuality and sexual behavior throughout the pupil's life

span, including how to recognize, rebuff, and report unwanted or inappropriate

verbal, physical, or sexual behaviors; 5) the benefits of and reasons for abstaining

from sexual activity; 6) the health benefits, side effects, and proper use of

contraceptives and barrier methods approved by the federal Food and Drug

Administration (FDA) to prevent pregnancy and barrier methods approved by the

FDA to prevent sexually transmitted infections; 7) methods for developing healthy

life skills, including setting goals, responsible decision making, communication, and

stress management; 8) how alcohol or drug use affects responsible decision making;

and 9) the impact of media and peer messages on thoughts, feelings, and behaviors

related to sexuality. If a school board provides instruction in any of the subject areas

enumerated in items 1 to 9, it must do all of the following: a) ensure that instruction

in marriage and family responsibility is provided, but not necessarily in the same

course or during the same school year; b) instruct pupils about the criminal penalties

for engaging in sexual activities involving a child; and c) instruct pupils about sex

offender registration requirements.

This bill recommends, rather than requires, instructional topics for a school

board that elects to provide an instructional program and restructures the

recommended curriculum. The bill eliminates from the current law curriculum

items 3 and 6, above, but retains discussion of pregnancy, parenting, and gender

stereotypes in other portions of the recommended curriculum. The bill modifies item

4 by adding discussion of bullying, and modifies item 5 to require the instruction

under that item to identify the skills necessary to remain abstinent. The bill also

adds the following subjects to the recommended topics, instruction of which is to be

medically accurate and provided when age appropriate: adoption resources, prenatal

care, and postnatal supports, and the nature and treatment of sexually transmitted

infections, personal responsibility, and the positive connection between marriage

and parenting.

The bill requires a school board that offers an instructional program to do all

of the following in the same course and during the same year: 1) present abstinence

as the preferred choice of behavior for unmarried pupils; 2) emphasize that

abstinence is the only reliable way to prevent pregnancy and avoid sexually

transmitted infections; 3) provide instruction in parental responsibility and the

socioeconomic benefits of marriage; and 4) explain pregnancy, prenatal development,

and childbirth. The bill also permits a school board to provide the instructional

program to pupils while the pupils are separated from members of the opposite sex.

Under current law, the instructional program must also do all of the following:

1) use instructional methods and materials that do not promote bias against pupils

of any race, gender, religion, sexual orientation, or ethnic or cultural background or

against sexually active pupils or children with disabilities; 2) promote self-esteem

and positive interpersonal skills, with an emphasis on healthy relationships; and 3)

identify counseling, medical, and legal resources for survivors of sexual abuse and

assault, including resources for escaping violent relationships. This bill replaces

item 1, above, with a reference to a provision under current law that prohibits

discrimination in public schools.

Current law defines "medically accurate information" as information that

satisfies all of the following: 1) the information is supported by the weight of research

conducted in compliance with accepted scientific methods; 2) where appropriate, the

information is published in peer-reviewed journals; and 3) the information is

recognized as accurate by relevant leading professional organizations or agencies,

such as the American Medical Association, the American Public Health Association,

or the American Academy of Pediatrics. Current law defines "age appropriate" as

suitable to a particular age group of pupils based on the developing cognitive and

emotional capacity of and behaviors typical for the age group. Current law permits

a school district to eliminate from the human sexuality and development curriculum

information that is not age appropriate.

This bill modifies the definition for "medically accurate information" to mean

information that is scientifically-based and published, where appropriate, in

peer-reviewed journals and textbooks. The bill also modifies the definition of

"age-appropriate" to mean suitable to a particular age group of pupils based on their

developing cognitive and emotional capacity and consistent with adolescent

development and community standards.

Current law permits a pupil's parent or guardian to request that the pupil be

exempt from participating in the instructional program. Current law also requires

each school board that provides an instructional program to distribute an outline of

the curriculum to the parents or guardians of each pupil enrolled in the district. This

bill modifies the exemption to clarify that an exempted pupil will still receive

instruction on how to recognize, avoid, prevent, and halt physically or

psychologically intrusive or abusive situations. The bill also modifies the exemption

to clarify that an exempted high school pupil will receive instruction in physiology

and hygiene and the effects of alcohol and controlled substances on the body unless

the pupil has also been exempted from this instruction. The bill provides that the

school district must provide an explanation of these exemptions along with the

outline of the curriculum.

Current law requires each school board that elects not to offer an instructional

program to notify each pupil's parent or guardian of this fact. This bill eliminates

that requirement. Current law also requires the state superintendent to apply for

federal funds to implement an evidence-based teen pregnancy prevention program.

This bill requires the state superintendent to apply for all federal funds allocated for

providing instruction in any of the recommended or required topics.

Current law requires each school district that offers an instructional program

to appoint an advisory committee composed of parents, teachers, school

administrators, pupils, health care professionals, members of the clergy, and other

residents of the school district. The committee is required under current law to

review the curriculum at least every three years. This bill specifies that the purpose

of the committee is to advise the school board on the design and implementation of

the curriculum and to review the curriculum every three years. The bill also provides

that no one category of member may constitute more than one fifth of the

membership of the committee and no more than one quarter of the committee may

be made up of employees of the school district or their spouses or members of the

school board or their spouses.

Under current law, a volunteer health care provider (provider) may apply to the

Department of Administration to be permitted to provide health care services

without charge in a school or nonprofit agency. If the provider wishes to provide

services at a school, the provider must file the application jointly with the school

board or, if the school is a charter school, the governing body of the school. "Volunteer

health care provider" is defined under current law as a physician, dentist or dental

hygienist, registered nurse, practical nurse, nurse-midwife, nurse practitioner,

optometrist, physician assistant, or dietitian who receives no income from the

practice of that health care profession or who receives no income from the practice

of that health care profession when providing services at the school. Under current

law, the provider may provide instruction in human growth and development if the

instructional program complies with the requirements above. This bill prevents a

provider from providing instruction in human growth and development.

For further information see the state and local fiscal estimate, which will be

printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do

enact as follows:

SB237, s. 1 1 Section 1 . 115.29 (7) of the statutes is amended to read: 115.29 (7) of the statutes is amended to read:

SB237,4,6 2 115.29 (7) Teen pregnancy prevention. Apply for all federal funds allocated

3 to evidence-based teen pregnancy prevention programs that have been proven

4 through rigorous evaluation to delay sexual activity, increase contraceptive use, and

5 reduce teen pregnancy in order to implement such a program for providing

6 instruction in any of the subjects identified in s. 118.019 . 115.29Apply forfederal funds allocated

SB237, s. 2 7 Section 2 . 118.019 (1) of the statutes is amended to read: 118.019 (1) of the statutes is amended to read:

SB237,5,6 8 118.019 (1) Purpose. The purpose of this section is to encourage all school

9 boards to ensure that pupils in their districts are provided age-appropriate

10 instruction in human growth and development. The instruction should support and

11 enhance communication between pupils and their parents and provide pupils with

12 the knowledge, skills, and support necessary to make healthy decisions now and

1 throughout their lifetimes and to make responsible decisions about sexual behavior

2 foster a partnership between parents of pupils attending schools in the school district

3 and the schools in the school district to promote the optimal health and well-being

4 of the pupils. The provisions of this section are in addition to, and do not supplant,

5 the requirements under ss. 118.01 (2) (d) 2. c. and 8. and 118.13 (1), which are critical

6 to maintaining the physical and psychological health of each pupil . 118.019The purpose of this section is to

SB237, s. 3 7 Section 3 . 118.019 (1m) (a) of the statutes is amended to read: 118.019 (1m) (a) of the statutes is amended to read:

SB237,5,11 8 118.019 (1m) (a) "Age-appropriate" means suitable to a particular age group

9 of pupils based on the their developing cognitive and emotional capacity of and

10 behaviors typical for the age group consistent with adolescent development and

11 community standards . 118.019(a) "Age-appropriate" means suitable to a particular age groupof pupils based ondeveloping cognitive and emotional capacityand

SB237, s. 4 12 Section 4 . 118.019 (1m) (b) (intro.) of the statutes is renumbered 118.019 (1m)

13 (b) and amended to read: 118.019 (1m) (b) (intro.) of the statutes is renumbered 118.019 (1m)(b) and amended to read:

SB237,5,16 14 118.019 (1m) (b) "Medically accurate information" means information that

15 satisfies all of the following: is scientifically-based and published, where

16 appropriate, in peer-reviewed journals and textbooks. 118.019(b) "Medically accurate information" means information that

SB237, s. 5 17 Section 5 . 118.019 (1m) (b) 1., 2. and 3. of the statutes are repealed. 118.019 (1m) (b) 1., 2. and 3. of the statutes are repealed.

SB237, s. 6 18 Section 6 . 118.019 (2) (intro.) of the statutes is amended to read: 118.019 (2) (intro.) of the statutes is amended to read:

SB237,5,22 19 118.019 (2) Subjects. (intro.) A school board may provide an instructional

20 program in human growth and development in grades kindergarten to 12. If

21 provided, the following instructional program shall do all of the following is

22 recommended : 118.019(intro.) A school board may provide an instructionalprogram in human growth and development in grades kindergarten to 12. Ifprovided, theinstructional program

SB237, s. 7 23 Section 7 . 118.019 (2) (a) (intro.) of the statutes is amended to read: 118.019 (2) (a) (intro.) of the statutes is amended to read:

SB237,5,25 24 118.019 (2) (a) (intro.) Present medically accurate information to pupils and,

25 when age-appropriate, shall address the following topics: 118.019(a) (intro.) Present medically accurate information to pupils and,when age-appropriate,address the following topics:

SB237, s. 8 1 Section 8 . 118.019 (2) (a) 1. of the statutes is amended to read: 118.019 (2) (a) 1. of the statutes is amended to read:

SB237,6,4 2 118.019 (2) (a) 1. The importance of communication about sexuality and

3 decision making about sexual behavior between the pupil and the pupil's parents , or

4 guardians , or other family members . 118.019(a) 1. The importance of communication about sexualitybetween the pupil and the pupil's parentsguardians

SB237, s. 9 5 Section 9 . 118.019 (2) (a) 2. of the statutes is amended to read: 118.019 (2) (a) 2. of the statutes is amended to read:

SB237,6,8 6 118.019 (2) (a) 2. Reproductive and sexual anatomy and physiology, including

7 biological, psychosocial, and emotional , and intellectual changes that accompany

8 maturation. 118.019(a) 2. Reproductive and sexual anatomy and physiology, includingbiological, psychosocial,emotionalchanges that accompanymaturation.

SB237, s. 10 9 Section 10 . 118.019 (2) (a) 3. of the statutes is repealed. 118.019 (2) (a) 3. of the statutes is repealed.

SB237, s. 11 10 Section 11 . 118.019 (2) (a) 4. of the statutes is repealed. 118.019 (2) (a) 4. of the statutes is repealed.

SB237, s. 12 11 Section 12 . 118.019 (2) (a) 5. of the statutes is amended to read: 118.019 (2) (a) 5. of the statutes is amended to read:

SB237,6,15 12 118.019 (2) (a) 5. The benefits of and reasons for abstaining from sexual

13 activity. Instruction under this subdivision shall stress the value of abstinence as

14 the most only reliable way to prevent pregnancy and sexually transmitted infections ,

15 and shall identify the skills necessary to remain abstinent . 118.019(a) 5. The benefits of and reasons for abstaining from sexualactivity. Instruction under this subdivision shall stress the value of abstinence asthereliable way to prevent pregnancy and sexually transmitted infections

SB237, s. 13 16 Section 13 . 118.019 (2) (a) 6. of the statutes is repealed. 118.019 (2) (a) 6. of the statutes is repealed.

SB237, s. 14 17 Section 14 . 118.019 (2) (a) 10. of the statutes is created to read: 118.019 (2) (a) 10. of the statutes is created to read:

SB237,6,18 18 118.019 (2) (a) 10. Adoption resources, prenatal care, and postnatal supports. 118.019(a) 10. Adoption resources, prenatal care, and postnatal supports.

SB237, s. 15 19 Section 15 . 118.019 (2) (a) 11. of the statutes is created to read: 118.019 (2) (a) 11. of the statutes is created to read:

SB237,6,20 20 118.019 (2) (a) 11. The nature and treatment of sexually transmitted infections. 118.019(a) 11. The nature and treatment of sexually transmitted infections.

SB237, s. 16 21 Section 16 . 118.019 (2) (b) of the statutes is repealed. 118.019 (2) (b) of the statutes is repealed.

SB237, s. 17 22 Section 17 . 118.019 (2) (c) of the statutes is amended to read: 118.019 (2) (c) of the statutes is amended to read:

SB237,6,25 23 118.019 (2) (c) Promote Address self-esteem and personal responsibility,

24 positive interpersonal skills, with an emphasis on and healthy relationships ,

25 including friendships, marriage, and romantic and familial relationships . 118.019(c)self-esteem andpositive interpersonal skills,healthy relationships