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Second Regular Session

Sixty-first General Assembly

LLS NO. 98­0479.01 JJC HOUSE BILL 98­1226

STATE OF COLORADO

BY REPRESENTATIVE Adkins;

also SENATOR Blickensderfer.

REENGROSSED

STATE, VETERANS & MILITARY AFFAIRS

A BILL FOR AN ACT

CONCERNING LIMITATIONS ON THE PROVISION OF HEALTH EDUCATION.

Bill Summary

(Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments that may be subsequently adopted.)

Requires that a parent or legal guardian must provide written consent before a student is allowed to participate in a course involving sex education.

Requires that several current areas of health education, including but not limited to reproductive education, be age appropriate, as determined by local health education advisory councils.

Eliminates the procedure whereby students are excluded from all or any part of health education only if the parent or guardian provides written confirmation that such instruction is contrary to religious beliefs and teachings.

Requires that written notification of a local comprehensive health education program shall include notice that written consent is required before any student is to participate in the program and that the parent or legal guardian can withhold his or her consent for any reason.


Be it enacted by the General Assembly of the State of Colorado:

SECTION 1. 22­25­104, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read:

22­25­104. Colorado comprehensive health education program ­ role of department of education ­ recommended curriculum guidelines ­ allocation of funds ­ rules and regulations. (1.5) NO SCHOOL DISTRICT OR BOARD OF COOPERATIVE SERVICES THAT ESTABLISHES A LOCAL COMPREHENSIVE HEALTH EDUCATION PROGRAM PURSUANT TO THIS ARTICLE SHALL REQUIRE A STUDENT TO PARTICIPATE IN SUCH PROGRAM.

SECTION 2.  22­25­106 (4) (a), the introductory portion to 22­25­106 (4) (b), and 22­25­106 (4) (b) (II), Colorado Revised Statutes, are amended, and the said 22­25­106 (4) (b) is further amended BY THE ADDITION OF A NEW SUBPARAGRAPH, to read:

22­25­106.  Local comprehensive health education programs ­ establishment of comprehensive health education advisory councils. (4) (a)  Each local comprehensive health education program which THAT is adopted by a school district or board of cooperative services shall include a procedure to exempt a student, upon request of the parent or guardian of such student. from a specific portion of the program on the grounds that it is contrary to the religious beliefs and teachings of the student or the student's parent or guardian.

(b)  Any local school district or board of cooperative services which THAT adopts a local comprehensive health education program shall ensure that at a minimum the following public information requirements are met:

(II)  The curriculum and materials to be used shall be made available for public inspection at reasonable times and reasonable hours and a public forum to receive public comment upon such curriculum and materials shall be held; AND

(III)  VERBAL NOTIFICATION OF SUCH LOCAL COMPREHENSIVE HEALTH EDUCATION PROGRAM SHALL ALSO BE GIVEN BY A HOMEROOM TEACHER OR OTHER TEACHER OF THE SCHOOL DISTRICT TO THE PARENTS OR GUARDIANS OF STUDENTS DURING THE COURSE OF REGULARLY SCHEDULED PARENT­TEACHER CONFERENCES.

SECTION 3.  22­25­110 (2), Colorado Revised Statutes, is amended to read:

22­25­110.  Funding of existing programs ­ operation of other health education programs. (2)  Nothing in this article shall be interpreted to require a school district or board of cooperative services to establish a local comprehensive health education program nor shall it be interpreted to prevent a school district or board of cooperative services from offering a health education program which THAT is not operated under the requirements of this article; except that any school district or board of cooperative services offering such a health education program shall:

(a)  Comply with the public information requirements contained in section 22­25­106 (4); and

(b)  Establish a procedure to exempt a student, upon request of the parent or guardian of such student, from ALL OR ANY PART OF a specific portion of the health education program. on the grounds that it is contrary to the religious beliefs and teachings of the student or the student's parent or guardian.

SECTION 4.  Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.