75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 1946
 
                         House Bill 2509
 
Sponsored by COMMITTEE ON EDUCATION
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
 
  Requires school districts to provide human sexuality education
courses in all public elementary and secondary schools as part of
health education curriculum.
  Declares emergency, effective July 1, 2009.
 
                        A BILL FOR 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 emotional, physical and psychological consequences of
preadolescent and adolescent sexual intercourse and the
emotional, physical and psychological consequences of unintended
pregnancy. Pupils shall be provided with - }   { + Include + }
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) 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) 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) 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) Assist students in the development and practice of
effective communication skills, the development of self-esteem
and the ability to resist peer pressure.
  (k) 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
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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