Session of 2000
By Committee on Education

10             AN  ACT concerning school districts; relating to the provision of instruc-
11             tion on human sexuality and sexually transmitted diseases; authorizing
12             the provision of condoms to pupils under certain conditions.
14       Be it enacted by the Legislature of the State of Kansas:
15             Section  1. (a) Each school district shall provide pupils with instruc-
16       tion on human sexuality, HIV/AIDS and other sexually transmitted dis-
17       eases. Such instruction shall be provided by a school nurse or counselor
18       and shall include, but shall not be restricted to:
19             (1) Teaching that abstinence from sexual activity outside of marriage
20       is the expected standard for all school age children. All classes that teach
21       sex education and discuss sexual intercourse shall emphasize that absti-
22       nence is the expected norm in that abstinence from sexual intercourse is
23       the only protection that is 100% effective against out-of-wedlock and un-
24       wanted teenage pregnancy, sexually transmitted diseases, and acquired
25       immune deficiency syndrome (AIDS) when transmitted sexually;
26             (2) teaching that the best way to avoid sexually transmitted diseases
27       and other associated health problems is to establish a mutually faithful
28       monogamous relationship in the context of marriage;
29             (3) providing that all curricula and materials that will be used for
30       instruction on human sexuality, HIV/AIDS and other sexually transmitted
31       diseases shall be made available for inspection and critique by parents
32       and guardians of pupils;
33             (4) designing the curriculum for HIV/AIDS prevention education to
34       teach pupils which behaviors place a person dangerously at risk of infec-
35       tion with the human immunodeficiency virus and methods to avoid such
36       risk including, at least, the dangers of drug abuse, especially that involving
37       the use of hypodermic needles and the dangers of sexual intercourse with
38       or without condoms;
39             (5) providing course material and instruction that is age appropriate,
40       teaches the benefits and value of monogamous marriage, stresses that
41       pupils should abstain from sexual intercourse until they are ready for
42       marriage, educates on strategies for dealing with pressure situations, and
43       includes a discussion of the possible emotional and psychological conse-


  1       quences of preadolescent and adolescent sexual intercourse outside of
  2       marriage and the consequences of unwanted adolescent pregnancy;
  3             (6) stressing that sexually transmitted diseases are serious possible
  4       hazards of sexual intercourse. Pupils shall be provided with statistics based
  5       on the latest medical information citing the failure rates of condoms in
  6       preventing AIDS and other sexually transmitted diseases;
  7             (7) advising pupils of the laws pertaining to their financial responsi-
  8       bility to children born in and out of wedlock; and
  9             (8) emphasizing that pupils have the power to control personal
10       behavior.
11             (b) Each school district shall provide for exemption of pupils from
12       participation in classes given for instruction in human sexuality, HIV/
13       AIDS and other sexually transmitted diseases. No pupil shall be required
14       to participate in classes given for instruction in human sexuality, HIV/
15       AIDS and other sexually transmitted diseases if the pupil's parent or
16       guardian objects in writing to participation by the pupil in such classes.
17       Refusal by a pupil to participate in such classes shall not be reason for
18       suspension or expulsion of, or imposition of any other disciplinary penalty
19       on, any such pupil.
20             (c) Each school district shall make condoms available to any pupil,
21       upon request and free of charge, if the pupil has attained 13 years of age
22       and has attended and completed the course of instruction required to be
23       provided under subsection (a). Condoms shall be provided to pupils by a
24       school nurse or counselor. 
25        Sec.  2. This act shall take effect and be in force from and after its
26       publication in the statute book.