170.015. Human sexuality and sexually transmitted diseases, instruction in, requirements--policies, school boards' duties--certain course materials on human sexuality prohibited, when.

Human sexuality and sexually transmitted diseases, instruction in,requirements--policies, school boards' duties--certain coursematerials on human sexuality prohibited, when.

170.015. 1. Any course materials and instruction relating to humansexuality and sexually transmitted diseases shall be medically andfactually accurate and shall:

(1) Present abstinence from sexual activity as the preferred choiceof behavior in relation to all sexual activity for unmarried pupils becauseit is the only method that is one hundred percent effective in preventingpregnancy, sexually transmitted diseases and the emotional traumaassociated with adolescent sexual activity, and advise students thatteenage sexual activity places them at a higher risk of dropping out ofschool because of the consequences of sexually transmitted diseases andunplanned pregnancy;

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

(3) Present students with the latest medically factual informationregarding both the possible side effects and health benefits of all formsof contraception, including the success and failure rates for theprevention of pregnancy and sexually transmitted diseases; or shall presentstudents with information on contraceptives and pregnancy in a mannerconsistent with the provisions of the federal abstinence education law, 42U.S.C. Section 710;

(4) Include a discussion of the possible emotional and psychologicalconsequences of preadolescent and adolescent sexual activity and theconsequences of adolescent pregnancy, as well as the advantages ofadoption, including the adoption of special needs children, and theprocesses involved in making an adoption plan;

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

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

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

3. A school district or charter school which provides human sexualityinstruction may separate students according to gender for instructionalpurposes.

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

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

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

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

6. A school district or charter school shall make all curriculummaterials used in the district's or school's human sexuality instructionavailable for public inspection pursuant to chapter 610, RSMo, prior to theuse of such materials in actual instruction.

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 instructionrelating to human sexuality or sexually transmitted diseases to itsstudents 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 section188.015, RSMo;

(2) "Abortion services":

(a) Performing, inducing, or assisting in the performance or inducingof an abortion which is not necessary to save the life of the mother;

(b) Encouraging a patient to have an abortion or referring a patientfor an abortion, which is not necessary to save the life of the mother; or

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

(L. 1999 S.B. 163, A.L. 2007 H.B. 1055)