As Introduced

134th General Assembly

Regular Session H. B. No. 240

2021-2022

A BILL

To amend sections 3313.60 and 3313.6011 of the Revised Code to enact the Parents Right to Know Act to enforce school district compliance with venereal disease or teen pregnancy prevention instruction requirements.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 3313.60 and 3313.6011 of the Revised Code be amended to read as follows:

Sec. 3313.60. Notwithstanding division (D) of section 3311.52 of the Revised Code, divisions (A) to (E) of this section do not apply to any cooperative education school district established pursuant to divisions (A) to (C) of section 3311.52 of the Revised Code.

(A) The board of education of each city, exempted village, and local school district and the board of each cooperative education school district established, pursuant to section 3311.521 of the Revised Code, shall prescribe a curriculum for all schools under its control. Except as provided in division (E) of this section, in any such curriculum there shall be included the study of the following subjects:

(1) The language arts, including reading, writing, spelling, oral and written English, and literature;

(2) Geography, the history of the United States and of Ohio, and national, state, and local government in the United States, including a balanced presentation of the relevant contributions to society of men and women of African, Mexican, Puerto Rican, and American Indian descent as well as other ethnic and racial groups in Ohio and the United States;

(3) Mathematics;

(4) Natural science, including instruction in the conservation of natural resources;

(5) Health education, which shall include instruction in:

(a) The nutritive value of foods, including natural and organically produced foods, the relation of nutrition to health, and the use and effects of food additives;

(b) The harmful effects of and legal restrictions against the use of drugs of abuse, alcoholic beverages, and tobacco;

(c) Venereal disease or teen pregnancy prevention education, except that upon written request of the student's parent or guardian, a student shall be excused from taking instruction in venereal disease or teen pregnancy prevention education;

(d) In grades kindergarten through six, instruction in personal safety and assault prevention, except that upon written request of the student's parent or guardian, a student shall be excused from taking instruction in personal safety and assault prevention;

(e) In grades seven through twelve, age-appropriate instruction in dating violence prevention education, which shall include instruction in recognizing dating violence warning signs and characteristics of healthy relationships.

In order to assist school districts in developing a dating violence prevention education curriculum, the department of education shall provide on its web site links to free curricula addressing dating violence prevention.

If the parent or legal guardian of a student less than eighteen years of age submits to the principal of the student's school a written request to examine the dating violence prevention instruction materials used at that school, the principal, within a reasonable period of time after the request is made, shall allow the parent or guardian to examine those materials at that school.

(f) Prescription opioid abuse prevention, with an emphasis on the prescription drug epidemic and the connection between prescription opioid abuse and addiction to other drugs, such as heroin;

(g) The process of making an anatomical gift under Chapter 2108. of the Revised Code, with an emphasis on the life-saving and life-enhancing effects of organ and tissue donation;

(h) Beginning ~~with the first day of the next school year that begins at least two years after the effective date of this amendment~~ July 1, 2023, in grades six through twelve, at least one hour or one standard class period per school year of evidence-based suicide awareness and prevention and at least one hour or one standard class period per school year of safety training and violence prevention, except that upon written request of the student's parent or guardian, a student shall be excused from taking instruction in suicide awareness and prevention or safety training and violence prevention;

(i) Beginning ~~with the first day of the next school year that begins at least two years after the effective date of this amendment~~July 1, 2023, in grades six through twelve, at least one hour or one standard class period per school year of evidence-based social inclusion instruction, except that upon written request of the student's parent or guardian, a student shall be excused from taking instruction in social inclusion.

For the instruction required under divisions (A)(5)(h) and (i) of this section, the board shall use a training program approved by the department of education under section 3301.221 of the Revised Code.

Schools may use student assemblies, digital learning, and homework to satisfy the instruction requirements under divisions (A)(5)(h) and (i) of this section.

(6) Physical education;

(7) The fine arts, including music;

(8) First aid, including a training program in cardiopulmonary resuscitation, which shall comply with section 3313.6021 of the Revised Code when offered in any of grades nine through twelve, safety, and fire prevention. However, upon written request of the student's parent or guardian, a student shall be excused from taking instruction in cardiopulmonary resuscitation.

(B) Except as provided in division (E) of this section, every school or school district shall include in the requirements for promotion from the eighth grade to the ninth grade one year's course of study of American history. A board may waive this requirement for academically accelerated students who, in accordance with procedures adopted by the board, are able to demonstrate mastery of essential concepts and skills of the eighth grade American history course of study.

(C) As specified in divisions (B)(6) and (C)(6) of section 3313.603 of the Revised Code, except as provided in division (E) of this section, every high school shall include in the requirements for graduation from any curriculum one-half unit each of American history and government.

(D) Except as provided in division (E) of this section, basic instruction or demonstrated mastery in geography, United States history, the government of the United States, the government of the state of Ohio, local government in Ohio, the Declaration of Independence, the United States Constitution, and the Constitution of the state of Ohio shall be required before pupils may participate in courses involving the study of social problems, economics, foreign affairs, United Nations, world government, socialism, and communism.

(E) For each cooperative education school district established pursuant to section 3311.521 of the Revised Code and each city, exempted village, and local school district that has territory within such a cooperative district, the curriculum adopted pursuant to divisions (A) to (D) of this section shall only include the study of the subjects that apply to the grades operated by each such school district. The ~~curriculums~~ curricula for such schools, when combined, shall provide to each student of these districts all of the subjects required under divisions (A) to (D) of this section.

(F) The board of education of any cooperative education school district established pursuant to divisions (A) to (C) of section 3311.52 of the Revised Code shall prescribe a curriculum for the subject areas and grade levels offered in any school under its control.

(G) Upon the request of any parent or legal guardian of a student, the board of education of any school district shall permit the parent or guardian to promptly examine, with respect to the parent's or guardian's own child:

(1) Any survey or questionnaire, prior to its administration to the child;

(2) Any textbook, workbook, software, video, or other instructional materials being used by the district in connection with the instruction of the child;

(3) Any completed and graded test taken or survey or questionnaire filled out by the child;

(4) Copies of the statewide academic standards and each model curriculum developed pursuant to section 3301.079 of the Revised Code, which copies shall be available at all times during school hours in each district school building.

Sec. 3313.6011. (A) As used in this section, "sexual activity" has the same meaning as in section 2907.01 of the Revised Code.

(B) Instruction in venereal disease or teen pregnancy prevention education pursuant to division (A)(5)(c) of section 3313.60 of the Revised Code shall emphasize that abstinence from sexual activity is the only protection that is one hundred per cent effective against unwanted pregnancy, sexually transmitted disease, and the sexual transmission of a virus that causes acquired immunodeficiency syndrome.

(C) ~~In adopting minimum standards under section 3301.07 of the Revised Code, the~~ (1) The state board of education shall require all course material and instruction in venereal disease or teen pregnancy prevention education courses taught pursuant to division (A)(5)(c) of section 3313.60 of the Revised Code to do all of the following:

~~(1)~~ (a) Stress that students should abstain from sexual activity until after marriage;

~~(2)~~ (b) Teach the potential physical, psychological, emotional, and social side effects of participating in sexual activity outside of marriage;

~~(3)~~ (c) Teach that conceiving children out of wedlock is likely to have harmful consequences for the child, the child's parents, and society;

~~(4)~~ (d) Stress that sexually transmitted diseases are serious possible hazards of sexual activity;

~~(5)~~ (e) Advise students of the laws pertaining to financial responsibility of parents to children born in and out of wedlock;

~~(6)~~ (f) Advise students of the circumstances under which it is criminal to have sexual contact with a person under the age of sixteen pursuant to section 2907.04 of the Revised Code;

~~(7)~~ (g) Emphasize adoption as an option for unintended pregnancies;

(h) Teach risk avoidance to unhealthy behaviors including alcohol, drugs, dating violence, bullying, gambling, pornography, and human trafficking and encourage optimal health for all youth.

(2) If a school district or school chooses to offer additional instruction in venereal disease or teen pregnancy prevention education not specified in division (C)(1) of this section, the district or school shall notify all parents or guardians of that instruction. Any instruction so chosen shall not conflict with provision (C)(1) of this section. Notification shall consist of the school district or school providing parents the instruction and supplemental materials, including third-party web sites. No district or school shall offer other instruction on this topic unless that student's parent or guardian has submitted written permission for that student to receive such instruction.

(D) Any model education program for health education the state board of education adopts shall conform to the requirements of this section.

(E) The state board shall conduct an annual audit of each city, local, and exempted village school district, at the start of each school year, relative to its compliance with the instruction requirements of this section and division (A)(5)(c) of section 3313.60 of the Revised Code. The state board shall publish the findings of each audit not later than one hundred twenty days after the start of the school year. The board shall include in the findings of each audit the name of any organization or program that provided materials to a school district regarding venereal disease or teen pregnancy prevention instruction. The state board's findings shall be prominently posted on the department of education's web site. If the school district or school has a web site, the information provided to the state board shall be posted on that web site.

(F) A parent or guardian of a student attending a school district may bring a civil action against the district to enforce compliance with this section if an audit conducted under division (E) of this section determines the district not to be in compliance.

(G) On and after March 18, 1999, and notwithstanding section 3302.07 of the Revised Code, the superintendent of public instruction shall not approve, pursuant to section 3302.07 of the Revised Code, any waiver of any requirement of this section or of any rule adopted by the state board of education pursuant to this section.

Section 2. That existing sections 3313.60 and 3313.6011 of the Revised Code are hereby repealed.

Section 3. This act shall be known as the Parents Right to Know Act.