75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
Enrolled
House Bill 2509
Sponsored by COMMITTEE ON EDUCATION
CHAPTER ................
AN ACT
Relating to health education; creating new provisions; amending
ORS 336.455; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 336.455 is amended to read:
336.455. { + (1) Each school district shall provide
age-appropriate human sexuality education courses in all public
elementary and secondary schools as an integral part of the
health education curriculum. + }
{ - (1) - } { + (2) + } Course material and instruction for
all human sexuality education courses { - that discuss human
sexuality in public elementary and secondary schools - } shall
enhance students' understanding of sexuality as a normal and
healthy aspect of human development. Course instruction shall
{ - be appropriate for the age of the pupils and satisfy the
following criteria - } :
{ + (a) Be medically accurate. + }
{ - (a) - } { + (b) + } Be comprehensive.
{ - (b) - } { + (c) + } { - As an integral part of the
health education curriculum, - } Include information about
responsible sexual behaviors and hygienic practices that
eliminate or reduce the risks of pregnancy { - , - } { + and
the risks of + } exposure to human immunodeficiency virus,
hepatitis B { + , hepatitis C + } and other infectious or
sexually transmitted diseases { + . + } { - and shall be - }
{ + Information about those risks shall be presented in a
manner + } designed to allay { - those - } fears concerning
{ - the - } risks that are scientifically groundless.
{ - (c) - } { + (d) + } Promote abstinence for school-age
youth and mutually monogamous relationships with an uninfected
partner for adults as the { - safest and most responsible
sexual behavior - } { + most effective way to prevent pregnancy
and the transmission of sexually transmitted diseases + }.
However, abstinence { - shall - } { + may + } not be taught
to the exclusion of other material and instruction on
contraceptive and disease reduction measures. Human sexuality
education courses shall acknowledge the value of abstinence while
not devaluing or ignoring those { - young people - }
{ + students + } who have had or are having sexual intercourse.
{ - (d) - } { + (e) + } Include a discussion { - of the
possible - } { + about the characteristics of the + }
emotional, physical and psychological
Enrolled House Bill 2509 (HB 2509-A) Page 1
{ - consequences of preadolescent and adolescent sexual
intercourse and the emotional, physical and psychological
consequences of unintended pregnancy. Pupils - } { + aspects of
a healthy relationship and a discussion about the benefits of
delaying pregnancy beyond the adolescent years as a means to
better ensure a healthy future for parents and their children.
Students + }shall be provided with statistics based on the
latest medical information regarding both { + the health
benefits and + } the possible side effects { - and health
benefits - } of all forms of contraceptives, including the
success and failure rates for prevention of pregnancy.
{ - (e) - } { + (f) + } Stress that sexually transmitted
diseases are serious possible { - hazards - } { +
outcomes + } of sexual contact. { - Pupils - }
{ + Students + } shall be provided with statistics based on the
latest medical information regarding the efficacy of
{ - contraceptives - } { + all methods of sexual
protection + } in preventing human immunodeficiency virus
infection and other sexually transmitted diseases.
{ - (f) Advise pupils of the laws pertaining to their
financial responsibility for their children. - }
{ + (g) Provide students with information about Oregon laws
that address young people's rights and responsibilities related
to childbearing and parenting. + }
{ - (g) - } { + (h) + } Advise { - pupils - }
{ + students + } of the circumstances in which it is unlawful
under ORS 163.435 and 163.445 for persons 18 years of age or
older to have sexual relations with persons younger than 18 years
of age to whom they are not married.
{ - (h) - } { + (i) + } Teach { + students + } that no
form of sexual expression is acceptable when { - it - }
{ + the expression + } physically or emotionally harms oneself
or others and teach { - pupils - } { + students + } not to
make unwanted physical and verbal sexual advances, how to decline
unwanted sexual advances or accept the refusal of unwanted sexual
advances. { - Pupils - } { + Students + } shall be taught
that it is wrong to take advantage of or to exploit another
person. Materials and information shall be presented in a manner
sensitive to the fact that there are students who have
experienced sexual abuse.
{ - (i) - } { + (j) + } Validate through course material
and instruction the importance of honesty with oneself and
others, respect for each person's dignity and well-being, and
responsibility for one's actions.
{ - (j) - } { + (k) + } Assist students in the development
and practice of effective communication skills, the development
of self-esteem and the ability to resist peer pressure.
{ - (k) - } { + (L) + } Encourage family communication and
involvement
{ - and - } { + to + } help students learn to make
responsible decisions.
{ - (2) - } { + (3) + } Any course in any public elementary
and secondary school, the main purpose of which is to
{ - teach - } { + address + } human sexuality education or
human immunodeficiency virus education, or both, shall emphasize
that abstinence from sexual contact is the only method that is
100 percent effective against unintended pregnancy, sexually
transmitted diseases and human immunodeficiency virus when
transmitted sexually. Abstinence is to be stressed, but not to
the exclusion of other material and instruction on contraceptive
Enrolled House Bill 2509 (HB 2509-A) Page 2
and disease reduction measures. Such courses are to acknowledge
the value of abstinence while not devaluing or ignoring those
{ - young people - } { + students + } who have had or are
having sexual intercourse.
{ - (3) - } { + (4) + } Nothing in this section prohibits
instruction in sanitation, hygiene or traditional courses in
biology.
SECTION 2. { + The amendments to ORS 336.455 by section 1 of
this 2009 Act first apply to the 2009-2010 school year. + }
SECTION 3. { + This 2009 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2009 Act takes effect July 1,
2009. + }
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Passed by House March 11, 2009
...........................................................
Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate May 18, 2009
...........................................................
President of Senate
Enrolled House Bill 2509 (HB 2509-A) Page 3
Received by Governor:
......M.,............., 2009
Approved:
......M.,............., 2009
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2009
...........................................................
Secretary of State
Enrolled House Bill 2509 (HB 2509-A) Page 4