HB 2386--
Session of 1997
By Representatives Vickrey and Thimesch, Aurand, Ballou, Bradley, Campbell, Compton, Dahl, Donovan, Dreher, Edmonds, Faber, Far- mer, Flower, Franklin, Freeborn, Glasscock, Hayzlett, Henderson, Henry, Horst, Howell, Huff, Hutchins, Jennison, Kejr,
Phill Kline, Landwehr, Lloyd, P. Long, Mason, Mayans, Mays, McClure, Mollen- kamp, Morrison, Myers, Neufeld, O'Connor, Packer, Palmer, Pauls, J. Peterson, Phelps, Powell, Powers, Presta, Shallenburger, Shore, Shultz, Swenson, Tanner, Toplikar,
Vickrey, Wagle, Weber, Wells and Wilson

17 AN ACT concerning schools accredited by the state board of education; 18 relating to the provision of abstinence education and providing for 19 grants of moneys to assist schools in the provision of such education. 20 21 Be it enacted by the Legislature of the State of Kansas: 22 Section 1. As used in this act: 23 (a) ``Accredited school'' means any school operated by a public school 24 district organized under the laws of this state and any nonpublic school 25 accredited by the state board of education. 26 (b) ``Board'' means the board of education of a school district and the 27 governing authority of an accredited nonpublic school. 28 (c) ``Abstinence education'' means an educational or motivational 29 program which: (1) Has as its exclusive purpose, teaching the social, psy- 30 chological, and health gains to be realized by abstaining from sexual ac- 31 tivity; (2) teaches abstinence from sexual activity outside marriage as the 32 expected standard for all school age children; (3) teaches that abstinence 33 from sexual activity is the only certain way to avoid out-of-wedlock preg- 34 nancy, sexually transmitted diseases, and other associated health prob- 35 lems; (4) teaches that a mutually faithful monogamous relationship in 36 context of marriage is the expected standard of human sexual activity; (5) 37 teaches that sexual activity outside of the context of marriage is likely to 38 have harmful psychological and physical effects; (6) teaches that bearing 39 children out-of-wedlock is likely to have harmful consequences for the 40 child, the child's parents, and society; (7) teaches young people how to 41 reject sexual advances and how alcohol and drug use increases vulnera- 42 bility to sexual advances; and (8) teaches the importance of attaining self- 43 sufficiency before engaging in sexual activity. HB 2386

 1    (d)  ``Federal funds'' means allotments to this state of moneys appro-
 2  priated by the congress of the United States for the purpose of enabling
 3  the state to provide abstinence education and, at the option of the state,
 4  where appropriate, mentoring, counseling, and adult supervision to pro-
 5  mote abstinence from sexual activity, with a focus on those groups which
 6  are most likely to bear children out-of-wedlock.
 7    (e)  ``State board'' means the state board of education.
 8    Sec. 2.  (a) The board of every accredited school may provide absti-
 9  nence education for pupils enrolled in the school and may apply for a
10  grant of moneys to assist in the provision of such education.
11    (b)  In order to be eligible for a grant of moneys under this act, a
12  board shall submit to the state board an application for a grant and a
13  description of the abstinence education program provided by the board.
14  The application and description shall be prepared in such form and man-
15  ner as the state board shall require and shall be submitted at a time to
16  be determined and specified by the state board. Approval by the state
17  board of the program and the application is prerequisite to the award of
18  a grant.
19    (c)  Each board which is awarded a grant shall make such periodic
20  and special reports of statistical and financial information to the state
21  board as it may request.
22    Sec. 3.  (a) The state board shall adopt rules and regulations for the
23  administration of this act and shall be responsible for applying for federal
24  funds in accordance with rules and regulations of the secretary of health
25  and human services and for allocating and distributing such funds to
26  boards. Federal funds for abstinence education shall be deposited in the
27  state treasury.
28    (b)  The state board shall: (1) Establish criteria for reviewing, evalu-
29  ating and approving abstinence education programs provided by boards.
30  Such criteria shall be consistent with the purposes of the federal programs
31  for abstinence education; (2) review, evaluate, and approve abstinence
32  education programs provided by boards; (3) determine the amount of
33  grants to be awarded to boards and award such grants; (4) request of and
34  receive from boards which are awarded grants reports containing infor-
35  mation regarding the effectiveness of abstinence education programs; and
36    (5) compile the reports received from boards and submit the compilation
37  to the legislature and the governor.
38    Sec. 4.  (a) In each school year, to the extent that federal funds are
39  available, each board that has provided an approved abstinence education
40  program shall be eligible to receive a grant. The amount of a grant to be
41  awarded to a board shall be determined by the state board by: (1) De-
42  termining the number of pupils in the state who were provided with
43  abstinence education through approved programs and dividing the avail-
HB 2386

 1  able federal funds by such number; (2) multiplying the quotient obtained
 2  under (1) by the number of pupils provided by the board with abstinence
 3  education. The product is the amount of the grant the board is eligible
 4  to receive. The state board shall approve vouchers for payments of grants
 5  and the director of accounts and reports shall draw warrants on the state
 6  treasurer payable to boards.
 7    (b)  All moneys received by a public school district under this act shall
 8  be deposited in the general fund of the school district and shall be con-
 9  sidered reimbursement of the district for the purposes of the school dis-
10  trict finance and quality performance act.
11    Sec. 5.  The state board, in cooperation with the state department of
12  social and rehabilitation services, the state department of health and en-
13  vironment, and other appropriate associations and organizations, may pro-
14  vide any board, upon request, with technical advice and assistance re-
15  garding the provision of abstinence education.
16    Sec. 6.  This act shall take effect and be in force from and after its
17  publication in the statute book.