Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 196 (2017GS)

Sponsor

Sen. Adams, J. S.

Final action

Governor Signed 3/20/2017

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• repeals language prohibiting the advocacy of homosexuality in health instruction; Ĥ→ [ and ] 13a
• prohibits instruction that advocates premarital or extramarital sexual activity; 13b and ←Ĥ
• makes technical corrections.

Every vote on this bill

Bill text

This document includes Senate Committee Amendments incorporated into the bill on Tue, Feb 21, 2017 at 11:21 AM by lpoole.
This document includes House Committee Amendments incorporated into the bill on Mon, Mar 6, 2017 at 3:45 PM by ryoung.
HEALTH EDUCATION AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: J. Stuart Adams
House Sponsor: 
 Keven J. Stratton
LONG TITLE
General Description:
This bill amends provisions related to health instruction in public schools.
Highlighted Provisions:
This bill:
▸ repeals language prohibiting the advocacy of homosexuality in health instruction;
Ĥ→ [
and
]
13a 
 ▸ prohibits instruction that advocates premarital or extramarital sexual activity;
13b 
and
 ←Ĥ
▸ makes technical corrections.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
53A-13-101
, as last amended by Laws of Utah 2016, Chapter 144
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
53A-13-101
 is amended to read:
53A-13-101.
Instruction in health -- Parental consent requirements -- Conduct
and speech of school employees and volunteers -- Political and religious doctrine
prohibited.
(1) (a) The State Board of Education shall establish curriculum requirements under
Section 
53A-1-402
, that include instruction in:
(i) community and personal health;
(ii) physiology;
(iii) personal hygiene; and
(iv) prevention of communicable disease.
(b) (i) That instruction shall stress:
(A) the importance of abstinence from all sexual activity before marriage and fidelity
after marriage as methods for preventing certain communicable diseases; and
(B) personal skills that encourage individual choice of abstinence and fidelity.
(ii) (A) At no time may instruction be provided, including responses to spontaneous
questions raised by students, regarding any means or methods that facilitate or encourage the
violation of any state or federal criminal law by a minor or an adult.
(B) Subsection (1)(b)(ii)(A) does not preclude an instructor from responding to a
spontaneous question as long as the response is consistent with the provisions of this section.
(c) (i) The board shall recommend instructional materials for use in the curricula
required under Subsection (1)(a) after considering evaluations of instructional materials by the
State Instructional Materials Commission.
(ii) A local school board may choose to adopt:
(A) the instructional materials recommended under Subsection (1)(c)(i); or
(B) other instructional materials as provided in state board rule.
(iii) The state board rule made under Subsection (1)(c)(ii)(B) shall include, at a
minimum:
(A) that the materials adopted by a local school board under Subsection (1)(c)(ii)(B)
shall be based upon recommendations of the school district's Curriculum Materials Review
Committee that comply with state law and state board rules emphasizing abstinence before
marriage and fidelity after marriage, and prohibiting instruction in:
(I) the intricacies of intercourse, sexual stimulation, or erotic behavior;
Ŝ→ [
[
] ←Ŝ
 (II) the advocacy of 
Ŝ→ [
homosexuality
] 
 premarital or extramarital sexual
56a 
activity
 ←Ŝ
 ; 
Ŝ→ [
]
] 
 or
 ←Ŝ
Ŝ→ [
[
] ←Ŝ
 (III) 
Ŝ→ [
] 
(II)
] ←Ŝ
the advocacy or encouragement of the use of contraceptive
57a methods or
devices; 
Ŝ→ [
or
] ←Ŝ
[
(IV)
] 
Ŝ→ [
(III)
 the advocacy of sexual activity outside of marriage;
] ←Ŝ
(B) that the adoption of instructional materials shall take place in an open and regular
meeting of the local school board for which prior notice is given to parents and guardians of
students attending schools in the district and an opportunity for them to express their views and
opinions on the materials at the meeting;
(C) provision for an appeal and review process of the local school board's decision; and
(D) provision for a report by the local school board to the State Board of Education of
the action taken and the materials adopted by the local school board under Subsections
(1)(c)(ii)(B) and (1)(c)(iii).
(2) (a) Instruction in the courses described in Subsection (1) shall be consistent and
systematic in grades eight through 12.
(b) At the request of the board, the Department of Health shall cooperate with the board
in developing programs to provide instruction in those areas.
(3) (a) The board shall adopt rules that:
(i) provide that the parental consent requirements of Sections 
76-7-322
 and 
76-7-323
are complied with; and
(ii) require a student's parent or legal guardian to be notified in advance and have an
opportunity to review the information for which parental consent is required under Sections
76-7-322
 and 
76-7-323
.
(b) The board shall also provide procedures for disciplinary action for violation of
Section 
76-7-322
 or 
76-7-323
.
(4) (a) In keeping with the requirements of Section 
53A-13-109
, and because school
employees and volunteers serve as examples to their students, school employees or volunteers
acting in their official capacities may not support or encourage criminal conduct by students,
teachers, or volunteers.
(b) To ensure the effective performance of school personnel, the limitations described
in Subsection (4)(a) also apply to school employees or volunteers acting outside of their official
capacities if:
(i) they knew or should have known that their action could result in a material and
substantial interference or disruption in the normal activities of the school; and
(ii) that action does result in a material and substantial interference or disruption in the
normal activities of the school.
(c) Neither the State Board of Education nor local school districts may allow training
of school employees or volunteers that supports or encourages criminal conduct.
(d) The State Board of Education shall adopt rules implementing this section.
(e) Nothing in this section limits the ability or authority of the State Board of
Education and local school boards to enact and enforce rules or take actions that are otherwise
lawful, regarding educators', employees', or volunteers' qualifications or behavior evidencing
unfitness for duty.
(5) Except as provided in Section 
53A-13-101.1
, political, atheistic, sectarian,
religious, or denominational doctrine may not be taught in the public schools.
(6) (a) Local school boards and their employees shall cooperate and share
responsibility in carrying out the purposes of this chapter.
(b) Each school district shall provide appropriate inservice training for its teachers,
counselors, and school administrators to enable them to understand, protect, and properly
instruct students in the values and character traits referred to in this section and Sections
53A-13-101.1
, 
53A-13-101.2
, 
53A-13-101.3
, 
53A-13-109
, 
53A-13-301
, and 
53A-13-302
 and
distribute appropriate written materials on the values, character traits, and conduct to each
individual receiving the inservice training.
(c) The written materials shall also be made available to classified employees, students,
and parents and guardians of students.
(d) In order to assist school districts in providing the inservice training required under
Subsection (6)(b), the State Board of Education shall as appropriate, contract with a qualified
individual or entity possessing expertise in the areas referred to in Subsection (6)(b) to develop
and disseminate model teacher inservice programs which districts may use to train the
individuals referred to in Subsection (6)(b) to effectively teach the values and qualities of
character referenced in that subsection.
(e) In accordance with the provisions of Subsection (4)(c), inservice training may not
support or encourage criminal conduct.
(7) If any one or more provision, subsection, sentence, clause, phrase, or word of this
section, or the application thereof to any person or circumstance, is found to be
unconstitutional, the balance of this section shall be given effect without the invalid provision,
subsection, sentence, clause, phrase, or word.
Legislative Review Note
Office of Legislative Research and General Counsel