2003 – 2004 Sexuality Education Legislative Report
current through October 25, 2004

Alabama: SIECUS is not aware of any 2003-2004 legislation regarding sexuality education in Alabama.

Alaska: SIECUS is not aware of any 2003-2004 legislation regarding sexuality education in Alaska.

Arizona: The Arizona legislature does not carry bills over from one legislative session to the next. Related 2003 and 2004 bills are listed. Arizona’s session ended on May 26, 2004.

Bill Requiring that Sexuality Education be Medically Accurate Died, 2004 Session
Senate Bill 1096, introduced in January 2004 and passed out of committee in February, died at the end of the legislative session. The bill would have required that all sex education curricula be medically accurate. It would also have specifically allowed schools to provide information on all sexually transmitted diseases, not only HIV/AIDS.

Bill Requiring Parental Opt-In Died, 2004 Session
House Bill 2189, introduced in January 2004, would have required written parental consent for a student to participate in a sex education course. The bill, which also would have prohibited presentations or instruction in sexuality in any course other than a formal sex education course without prior approval by the governing board, failed to pass committee in February 2004 and subsequently died.

Medical Accuracy Bill Died, 2003 Session
Senate Bill 1142, introduced in January 2003, would have required that any sexuality education curricula taught in schools be medically accurate. It also authorized school districts that provide instruction on HIV/AIDS to provide instruction on sexually transmitted diseases (STDs). The bill passed the Senate Education Committee on February 24, 2003 but died when the legislature went into special session.

Also of note in Arizona: In 2003, Governor Janet Napolitano (D) line-item vetoed $470,000 for an abstinence-only-until-marriage program "because, as the Goldwater Institute recently concluded, government has proven to be an ineffective communicator of the abstinence message, and because the state lottery fund is better spent elsewhere."

Arkansas: SIECUS is not aware of any 2003-2004 legislation regarding sexuality education in Arkansas.

California: The California legislature carried bills over from the 2003 to the 2004 session. California’s regular session ended on August 28, 2004.

Comprehensive Sexual Health and HIV/AIDS Prevention Education Bill Signed by Gov. Davis
The California Comprehensive Sexual Health and HIV/AIDS Prevention Act, Senate Bill 71, consolidates, clarifies, and amends the state’s current provisions dealing with sexuality education. The bill passed the Senate on June 4 by a vote of 23 to 13, the Assembly on September 9 by a vote of 44 to 31, and was signed by Gov. Gray Davis (D) on October 2, 2003.

The act authorizes school districts to provide comprehensive sexual health education, as defined, in any kindergarten to grade 12, inclusive, and to ensure that all pupils in grades seven to 12, inclusive, receive HIV/AIDS prevention education from trained instructors, among other provisions. Current law requires school districts to teach HIV/AIDS prevention education at least once in middle school and once in high school. School districts are not required to teach sex education.

SB 71 requires that all instruction be age-appropriate and "medically accurate." The bill also requires that parents/guardians be notified about any HIV/AIDS and sexuality education class. Parents may request that their child not receive such education (a so-called "opt-out" provision). If the notification form is not returned, parental consent is assumed. The bill also encourages parent-child communication about sex.

Teen Pregnancy Prevention Bill Signed by Gov. Davis
Assembly Bill 561, introduced in February 2003 and approved by Governor Gray Davis (D) on October 1, 2003, establishes four programs within the Department of Health Services Office of Family Planning (to the extent funded) with the purpose of reducing teenage pregnancy as continuing programs.

The new law seeks to make the Male Involvement Program, the Community Challenge Grant Program, the TeenSMART Program, and the Information and Education Program continuing annual programs.

Parental Notification for Outside Consultants or Guest Speakers on Sexuality or HIV/AIDS Bill Signed by Gov. Schwarzenegger
Assembly Bill 1925, introduced in February 2004, passed both chambers and was signed by Governor Arnold Schwarzenegger on August 27, 2004. The bill requires schools to notify parents of any outside consultant or guest speaker who intends to speak on sexuality education or HIV/AIDS issues no fewer than 14 days in advance of said presentation. Provisions also include allowing parents to view educational materials, receive background information on speakers, and excuse their children from participating in the program. Current law requires that parents be notified about any sexuality education or HIV/AIDS instruction in advance. Parents are also authorized to take their child out of such classes.

Parental Consent for Sexuality Education Requirement Died
Assembly Bill 950, introduced in February 2003, would have amended California’s existing Education Code to prohibit any sexuality education instruction without a parent’s prior written consent (this is called a "opt-in" provision), even for a special guest speaker or an "outside consultant." Current law prohibits sexuality education instruction unless a parent or guardian has been notified and allows school districts to require an opt-in provision. The bill also would have prohibited such instruction from "advocating drug use, a particular sexual practice, or sexual activities."

AB 950 would have contradicted SB 71 which was signed into law in 2003. The bill died in February 2004.

Bill Requiring California to Develop Abstinence-Only Program Died
The federal government provides $50 million in grants each year to states for abstinence-only-until-marriage programs. States are required to match every four dollars of federal money with three dollars of state money. California is the only state that does not take the federal government’s grant for abstinence-only-until-marriage. Senate Bill 267, introduced on February 18, 2003, would require the State Department of Health Services to develop a program that would allow the state to apply for and receive the federal funds.

A hearing was held on March 26, 2003 and the bill failed to pass the committee by a vote of two to seven. The bill subsequently died in February 2004.

Bill Prohibiting Denigration of Religious Doctrine Died
Assembly Bill 2180, as introduced in February 2004, would have prohibited denigration of religious doctrines in sexuality education instruction and materials. The bill was amended in March and April to extend such prohibition to all courses of study.

On May 5, 2004, the bill failed to pass the Committee on Education. With no further action, the bill died at the end of the legislative session.

"Tolerance" Bill Died
Assembly Bill 2220 as introduced in February 2004 would have made technical, non-substantive changes to the state’s sexuality education law. The bill was amended in March 2004 by the author to include provisions on "tolerance" and delete the state’s comprehensive sexual health education law.

On April 14, 2004, the bill failed to pass the Committee on Education. With no further action, the bill died at the end of the legislative session.

Parental "Opt-Out" for Religious Purposes Bill Died
Senate Bill 1741 as introduced in February 2004 would have made technical, non-substantive changes to the state’s sexuality education law. The bill was amended in April 2004 by the author to include a specific parental opt-out provision for religious purposes and delete the state’s comprehensive sexual health education law. Current law contains a parental opt-out provision for any reason.

On April 14, 2004, the bill failed to pass the Committee on Education. With no further action, the bill died at the end of the legislative session.

Colorado: The Colorado legislature does not carry bills over from one session to the next. Related 2003 and 2004 bills are listed. Colorado’s legislative session ended on May 5, 2004.

Bill Providing Parental "Opt-Out" Option for Sexuality Education Signed by Gov. Owens, 2004 Session
As introduced on February 19, 2004, HB 1375 would have prohibited school districts from providing instruction relating to "sexual lifestyles that are alternative to heterosexual relationships" except in the context of risk and prevention of STDs.

The bill was amended in March 2004 to require that school districts provide written notification of any human sexuality instruction and include detailed and substantive outlines of such instruction. Further, school districts must advise parents and guardians that they may excuse their children from such instruction. All prior sections on "alternative lifestyles" were deleted.

The bill passed the House on March 26, passed the Senate on April 30, and was signed by Governor Bill Owens (R) on May 28, 2004.

Abstinence Bill Died, 2004 Session
As introduced on April 13, 2004, Senate Bill 227 would have required Colorado to incorporate the federal definition of "abstinence education" into any health-related education program that included instruction on HIV/AIDS or sexually transmitted diseases (STDs).

The bill failed to pass the Senate on April 20, 2004 and subsequently died.

Joint Resolution Supporting "Pure By Choice" Rally Signed, 2004 Session
Introduced on March 2, 2004, House Joint Resolution 1025 was signed by the Speaker of the House and the President of the Senate on March 16 and March 18, respectively. The resolution supports "those youth who choose abstinence" and recognizes that "our nation is at a crossroads regarding sexual purity and the dignity of the human person, especially on college campuses."

The Pure By Choice rally was held on March 6, 2004 at the University of Denver.

Connecticut: The Connecticut legislature does not carry bills over from one session to the next. Related 2003 and 2004 bills are listed. Connecticut’s regular session ended on May 5, 2004.

Bill Requiring Child Development Education, Including "Family Life Education" Died, 2003 Session
In the Connecticut General Assembly, a bill was introduced that would, as amended, have required that child development education, including family life education among other topics, be included in school curricula. The purpose, in part, was to teach students parenting skills. House Bill 5993, introduced on January 27, 2003, and amended by the Joint Committee on Children on February 5, does not define "family life education."

The bill sat in committee until the end of the legislative session in June 2003 when it died.

Delaware: SIECUS is not aware of any 2003-2004 legislation regarding sexuality education in Delaware.

Federal: The Federal government carried bills over from the 2003 to the 2004 session (the 108th Congress).

Family Life Education Act
The Family Life Education Act, introduced on April 21, 2004, seeks to provide $100 million in federal funding annually for five years for states to conduct programs that include "education on both abstinence and contraception for the prevention of teenage pregnancy and sexually transmitted diseases, including HIV/AIDS." The bill does not require states to provide a match to receive the funds.

HR 4182 provides a nine-point definition of family life education to which funded programs would be required to adhere. Among these requirements are that programs: be age appropriate and medically accurate; not teach or promote religion; teach abstinence as the only sure way to avoid pregnancy or sexually transmitted diseases; encourage family communication about sexuality between parent and child; and present the health benefits and side effects of all contraceptives. The bill provides ten percent of the overall program’s budget for evaluation.

The Family Life Education Act is in the House Committee on Energy and Commerce. As of October 2004, the bill has 86 bi-partisan co-sponsors.

The bill has served as a model for legislation in several states, including Rhode Island, Maine, Minnesota, and Washington State.

Medically Accurate Sex Education Bill
The Medically Accurate Sex Education Act, introduced in the House of Representatives on February 13, 2003, would prohibit any elementary or secondary school receiving federal funds from providing information that is not medically accurate in human development or sexuality education course material.

Medical accuracy is defined as "supported by research, recognized as accurate and objective by leading medical, psychological, psychiatric, and public health organizations and agencies, and, where relevant, published in peer-reviewed journals."

HR 802, which has12 co-sponsors as of October 2004, is in the Committee on Education and the Workforce.

Putting Prevention First Act of 2004
The bi-partisan Pro-Choice Caucus introduced the Putting Prevention First Act of 2004 on April 21, 2004. HR 4192, of which the Family Life Education Act is a component, seeks to expand access to preventative health care services and education programs in order to help reduce unintended pregnancy, the spread of sexually transmitted diseases (STDs), including HIV/AIDS, and to reduce the number of abortions.

The bill, which has 130 co-sponsors as of October 2004, has been referred to three House committees.

Teen Pregnancy Prevention Resolution
House Concurrent Resolution 91, introduced on March 12, 2003, expresses the "sense of Congress that the Nation should strive to prevent teen pregnancy by encouraging teens to view adolescence as a time for education and growing-up and by educating teens about the negative consequences of early sexual activity."

The bill is in the House Committee on Energy and Commerce, Subcommittee on Health.

District of Columbia: SIECUS is not aware of any 2003-2004 legislation regarding sexuality education in the District of Columbia.

Florida: The Florida legislature does not carry bills over from one session to the next. Related 2003 and 2004 bills are listed. Florida’s legislative session ended on April 30, 2004.

Bills Extending Requirement of Community Health Education Die, 2004 Session
Florida law currently requires that comprehensive health education which includes, among other things, concepts of family life and sexual abstinence be taught. HB 1047 and SB 2534, both introduced in March 2004, would have required that such education be taught at every grade level, pre-kindergarten through grade 8 for at least one semester.

Both bills died at the end of the legislative session.

AIDS Education Bill Died, 2004 Session
Senate Bill 1424, introduced in March 2004, would have required the Department of Education to award grants to public school districts to implement school-based AIDS educational activities. Criteria for selection for the competitive grants would have been based, in part, on program objectives, target population, outcome measurement, teen sexual health statistics in the area, and qualifications of personnel.

The bill died with the end of the legislative session in May 2004.

2003 Bill Requiring AIDS Education Grants Died, 2003 Session
Senate Bill 1262, introduced on March 3, 2003, would have required the Department of Education to award annual grants to public school districts for the purpose of implementing AIDS education activities. AIDS education is not currently mandatory in Florida. This bill would have provided an incentive for such education.

The bill passed the Education Committee, but died in the Committee on Health, Aging, and Long-Term Care on May 2, 2003 as the Florida legislature does not carry bills over to the next session.

"Parenting Skills" Included in High School Graduation Requirements Signed by Gov. Bush, 2003 Session
Senate Bill 30A, introduced in a Special Session on May 12, 2003 and signed by Governor Bush (R) on June 9, 2003, includes "parenting skills" as part of the life-management skills course required for high school graduation. This is the same course that includes instruction on HIV/STD prevention and abstinence.

Georgia: SIECUS is not aware of any 2003-2004 legislation regarding sexuality education in Georgia.

Hawaii: The Hawaii legislature carried bills over from the 2003 to the 2004 session. Hawaii’s legislative session ended on May 6, 2004.

Bills Requiring Medically Accurate, Comprehensive Sexuality Education Die
Two bills, House Bill 136 and Senate Bill 876, both introduced in 2003, would have required recipients of state funding who provide sexuality education to provide medically accurate, age-appropriate information about both abstinence and contraception.

House Bill 872, introduced on January 22, 2003, included findings that comprehensive sexuality education which discusses abstinence and contraception helps delay the onset of sexual activity and reduce the frequency of intercourse, and that abstinence-only programs do not delay the onset of sexual activity or the frequency of intercourse. The bill required the Board of Education to formulate a policy requiring that schools teach comprehensive, medically accurate sexuality education.

All three bills died at the end of Hawaii’s 2004 legislative session.

Idaho: SIECUS is not aware of any 2003-2004 legislation regarding sexuality education in Idaho.

Illinois: The Illinois legislature carried bills over from the 2003 to the 2004 session. Illinois’ legislature meets throughout the year.

Comprehensive Sexuality Education Bill Died
Senate Bill 99, introduced on January 29, 2003, would have amended Illinois’ current Education Code to require that all sexuality education taught be comprehensive and medically accurate and include instruction on the prevention of sexually transmitted diseases as well as HIV/AIDS. The language changes included an emphasis on the effectiveness of abstinence, but the phrase "abstinence is the expected norm" was deleted. Language promoting heterosexual marriage was also omitted from current code in the bill, and other changes were included.

The bill passed a Senate committee on March 6, 2003 but subsequently died.

Requirement that Students be Taught about Safe Surrender Law and Adoption Signed by Gov. Blagojevich
House Bill 2298, introduced on February 19, 2003, and signed by Governor Rod Blagojevich (D) on July 2, 2003, requires that students in sex education classes be advised of the provisions of the Abandoned Newborn Infant Protection Act, a so-called "safe surrender" law. An amendment to the bill added a provision that information about parenting skills and confidential adoption services also be required under the law.

Hispanic/Latino Teen Pregnancy Prevention and Intervention Initiative Adopted
House Bill 1630, the Hispanic/Latino Teen Pregnancy Prevention and Intervention Initiative passed the House on March 20 and the Senate on May 9. It was adopted on August 12, 2003. The Department of Human Services will establish the program which is intended to fund research, education, and prevention activities.

Indiana: The Indiana legislature does not carry bills over from one session to the next. Related 2003 and 2004 bills are listed. Indiana’s session ended on March 4, 2004.

Bill Requiring Instruction on "Health Consequences" of Abortion Died, 2004 session
Senate Bill 84, introduced in December 2003, would have required that high school health curricula include instruction on fetal development, including "photographic images portraying each stage of uterine fetal development" and the health consequences of pregnancy termination.

The bill died at the end of the legislative session.

Sexuality Education Bills Died, 2003 Session
House Bill 1199, introduced on January 8, 2003, would have added a requirement to current sexuality education law that any program must "include instruction on maintaining self-control, resisting peer pressure, and establishing positive relationships in preparation for marriage." Current law has three other requirements: 1) that the program teach abstinence from sexual activity outside of marriage as the expected standard for all school age children, 2) that the program include that abstinence from sexual activity is the only certain way to avoid out-of-wedlock pregnancy, sexually transmitted diseases, and other associated health problems, and 3) that the program include that the best way to avoid sexually transmitted diseases and other associated health problems is to establish a mutually faithful monogamous relationship in the context of marriage.

House Bill 1862, introduced on January 23, 2003, would have required that when health, AIDS, HIV, or abstinence education is required by statute, all information taught be medically accurate. The bill did not strike out current abstinence or marriage promotion language from the statutes and left the above three requirements in current law.

Iowa: The Iowa legislature only carries bills over if they have passed both the House and the Senate. Related 2003 and 2004 bills are listed. Iowa’s legislative session ended on April 20, 2004.

Bill Requiring that Sexuality Education be Medically Accurate, Age Appropriate Died, 2003 Session
House Bill 465, introduced in March 2003, would have required that all family life courses be medically accurate and age appropriate. Further, the Department of Education would have had to make such courses available for schools and develop a procedure for evaluating all such courses. All courses would have been required to teach several topics, among them presentations of the side effects, benefits, success and failure rates of all forms of contraception, and communication skills.

The bill died in April 2003 at the end of the legislative session.

Kansas: SIECUS is not aware of any 2003-2004 legislation regarding sexuality education in Kansas.

Kentucky: The Kentucky legislature does not carry bills over from one session to the next. Related 2003 and 2004 bills are listed. Kentucky’s legislative session ended on April 13, 2004.

Bill Limiting Participation in Programs Where Birth Control Discussed Died, 2004 Session
House Bill 31, introduced in January 2004, would have prohibited a "state organizational unit or administrative body" from providing or participating in an educational program in which information on birth control is provided with a pro-choice view unless equal time was given to the pro-life point of view.

The bill died at the end of the legislative session in April 2004.

Louisiana: The Louisiana legislature does not carry bills over from one session to the next. Related 2003 and 2004 bills are listed. Louisiana’s regular session ended on June 21, 2004.

Bill Requiring Parenthood Education Died, 2004 Session
House Bill 74, introduced in March 2004, would have required that all high schools offer instruction in parenthood education as a requirement for graduation. With no action, the bill died at the end of the legislative session.

The same bill (HB 103) was introduced in 2003 and died at the end of the 2003 legislative session.

"Adoption Awareness" Requirement in Family Life Courses Bill Died, 2004 Session
Senate Bill 740, introduced in March 2004, would have required that adoption awareness be taught in any middle or high school courses which discuss family life topics. "Adoption awareness" as defined in the bill is "specific instruction on the benefits of adoption for families wishing to add a child, for potential adoptees, and for persons who are pregnant or who have a child that they are unable to care for."

The bill passed the Senate on April 21, 2004. With no action in the House, the bill died at the end of the legislative session.

Parenthood Education Requirement Bill Died, 2003 Session
House Bill 103, pre-filed on February 19, 2003, would have created a parenthood education requirement for all public secondary schools. Current law states that if a school teaches home economics, it must also teach parenthood education. This bill sought to require all public high schools to teach parenthood education regardless of whether they teach home economics.

The bill died at the end of the 2003 legislative session.

Maine: SIECUS is not aware of any 2003-2004 legislation regarding sexuality education in Maine.

Maryland: The Maryland legislature does not carry bills over from one session to the next. Related 2003 and 2004 bills are listed. Maryland’s legislative session ended on April 12, 2004.

Bill Limiting Sexuality Education, Requiring Parental Consent Died, 2003 Session
House Bill 1169 died in the Maryland House of Delegates Committee on Ways and Means on March 21, 2003. HB 1169 would have prohibited any County Board of Education from adopting curricula that "promotes the distribution of contraceptives," required parental consent for sexuality education courses (a parental "opt-in" requirement), and prohibited school health services without parental consent.

Massachusetts: The Massachusetts legislature carried bills over from the 2003 to the 2004 session. Massachusetts’ legislature meets throughout the year.

Health Education Requirement
House Bill 1258 and Senate Bill 295, both introduced in January 2003, would require that health education be taught in grades kindergarten through 12 by adding the requirement to the state’s core curriculum. The definition of "health education" comes from the Massachusetts Comprehensive Health Education Framework and includes information on topics such as nutrition, physical activity, mental health, safety and injury prevention, reproduction and sexuality, substance abuse, violence prevention, and consumer health.

Another bill introduced in the House, HB 2037, contains the same language as the above bills. HB 2037 also includes language on other instruction to be included on topics such as history, AIDS education, and violence prevention, among others, and specifically gives the board the authority to include the "teaching of family life skills."

A hearing on all three bills was held on September 18 and all three bills were "set aside for study" in March 2004. The bills came out of committee on May 17 accompanied by a study order. No further action is expected.

HIV/AIDS Prevention Education Requirement
Senate Bill 293, House Bill 1847, and House Bill 2753 would include HIV/AIDS prevention education in the health education curriculum of all public schools. All three bills were introduced on January 1, 2003.

A hearing on the bills was held on September 18 and all three bills were "set aside for study" in March 2004. The bills came out of committee on May 17 accompanied by a study order. No further action is expected.

Community-Based Health and Sexuality Education Services
House Bill 1867 and Senate Bill 550, both introduced in January 2003, would require the state to establish community-based health and sexuality education services provided by comprehensive family planning agencies.

A hearing was held on July 16, 2003 for both bills and they came out of the Joint Committee on Health Care on February 4, 2004. The bills are in the House Committee on Ways and Means.

Health Educational Curriculum Committee Requirement
House Bill 323, filed in December 2002 and in committee since January 1, would require every public school district to establish a Health Educational Curriculum Committee to "research and make recommendations on a comprehensive, age appropriate, factually and medically accurate health education curriculum for grades k-12." The bill also contains provisions relating to parental notification and parental opt-out policies.

A hearing was held on September 18, 2003 and the bill was "set aside for study" in March 2004. The bill came out of committee on May 17 accompanied by a study order. No further action is expected.

Bills Requiring Parental Notification for Sexuality Education
House Bills 1445 and 2757, both introduced in January 2003, would require that any school with a sexuality education program have a written policy on parental/guardian notification of the program. All such programs would also have to be non-mandatory elective programs and parents would have to give written permission, or permission by a method similar to those used for other elective courses, for their children to participate.

A hearing was held on September 18, 2003 and the bills were "set aside for study" in March 2004. The bills came out of committee on May 17 accompanied by a study order. No further action is expected.

Bill Establishing Pregnancy Prevention Program Based on Unwed Mothers
House Bill 1115, for which a hearing was scheduled in April 2003, would direct several departments to hire, train, and pre