Pre-filed December 4, 2006 and copies ordered printed.





To repeal section 170.015, RSMo, and to enact in lieu thereof one new section relating to school course materials.

Be it enacted by the General Assembly of the state of Missouri, as follows:

            Section A. Section 170.015, RSMo, is repealed and one new section enacted in lieu thereof, to be known as section 170.015, to read as follows:

            170.015. 1. Any course materials and instruction relating to human sexuality and sexually transmitted diseases shall be medically and factually accurate and shall:

            (1) Present abstinence from sexual activity as the preferred choice of behavior in relation to all sexual activity for unmarried pupils because it is the only method that is one hundred percent effective in preventing pregnancy, sexually transmitted diseases and the emotional trauma associated with adolescent sexual activity, and advise students that teenage sexual activity places them at a higher risk of dropping out of school because of the consequences of sexually transmitted diseases and unplanned pregnancy;

            (2) Stress that sexually transmitted diseases are serious, possible, health hazards of sexual activity. Pupils shall be provided with the latest medical information regarding exposure to human immunodeficiency virus, acquired immune deficiency syndrome (AIDS), human papilloma virus, hepatitis and other sexually transmitted diseases;

            (3) [Present students with the latest medically factual information regarding both the possible side effects and health benefits of all forms of contraception, including the success and failure rates for the prevention of pregnancy and sexually transmitted diseases] Present students information on contraceptives in a manner consistent with the provisions of the federal abstinence education law, 42 U.S.C. Section 710;

            (4) Include a discussion of the possible emotional and psychological consequences of [preadolescent and adolescent] premarital and extramarital sexual activity and the consequences of adolescent pregnancy, as well as the advantages of adoption, including the adoption of special needs children, and the processes involved in making an adoption plan;

            (5) Teach skills of conflict management, personal responsibility and positive self-esteem through discussion and role-playing at appropriate grade levels to emphasize that the pupil has the power to control personal behavior. Pupils shall be encouraged to base their actions on reasoning, self-discipline, sense of responsibility, self-control, and ethical considerations, such as respect for one's self and others. Pupils shall be taught not to make unwanted physical and verbal sexual advances or otherwise exploit another person. Pupils shall be taught to resist unwanted sexual advances and other negative peer pressure;

            (6) Advise pupils of the laws pertaining to their financial responsibility to children born in and out of wedlock and advise pupils of the provisions of chapter 566, RSMo, pertaining to statutory rape;

            (7) Present the benefits to individuals, families, and society of a lifelong monogamous marriage between a man and a woman.

            8. Present scientifically accurate information, consistent with the provisions of sections 1.205, RSMo, and 188.015, RSMo, on the development of the unborn child from fertilization until birth, including but not limited to such developmental milestones and information that:

            (1) At fertilization an unborn child's life begins;

            (2) The unborn child's gender is determined at fertilization;

            (3) An unborn child's heartbeat and brainwaves can be detected during the first trimester of pregnancy;

            (4) The unborn child has growth and development of various body organs and limbs, fingerprints, and sensory awareness long before birth; and

            (5) Alcohol, drug, and tobacco use by the mother can be harmful to the developing unborn child.

            2. Policies concerning referrals and parental notification regarding contraception shall be determined by local school boards or charter schools, consistent with the provisions of section 167.611, RSMo.

            3. A school district or charter school which provides human sexuality instruction may separate students according to gender for instructional purposes.

            4. The board of a school district or charter school shall determine the specific content of the district's or school's instruction in human sexuality, in accordance with subsections 1 to 3 of this section, and shall ensure that all instruction in human sexuality is appropriate to the age of the students receiving such instruction.

            5. A school district or charter school shall notify the parent or legal guardian of each student enrolled in the district or school of:

            (1) The basic content of the district's or school's human sexuality instruction to be provided to the student; and

            (2) The parent's right to remove the student from any part of the district's or school's human sexuality instruction.

            (3) Such notification shall be on a specific form requiring an affirmative response, in writing, that the parent or legal guardian has been informed of the content of the human sexuality instruction in accordance with this section and shall provide a check off for the parent or legal guardian to select approval or disapproval for the student's participation. Any student not specifically approved for participation shall be excused, without prejudice, from the instruction.

            6. A school district or charter school shall make all curriculum materials used in the district's or school's human sexuality instruction available for public inspection pursuant to chapter 610, RSMo, as well as provide the names of the instructors and the instructors' affiliations to any entities involved with human sexuality instruction, at least one week prior to the use of such materials in actual instruction or presentation by such instructors.

            7. No school district or charter school, or its personnel or agents, shall provide abortion services, or permit a person or entity to offer, sponsor, or furnish in any manner any course materials or instruction relating to human sexuality or sexually transmitted diseases to its students if such person or entity is a provider of abortion services.

            8. As used in this section, the following terms mean:

            (1) "Abortion", the same meaning as such term is defined in section 188.015, RSMo;

            (2) "Abortion services":

            (a) Performing, inducing, or assisting in the performing or inducing of an abortion;

            (b) Encouraging a patient to have an abortion or referring a patient for an abortion; or

            (c) Developing or dispensing drugs, chemicals, or devices intended to be used to induce an abortion which is not necessary to save the life of the mother.