SB 43: "An Act relating to health and personal safety education; and providing for an effective date."

00 SENATE BILL NO. 43 01 "An Act relating to health and personal safety education; and providing for an effective 02 date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 14.03.120(d) is amended to read: 05 (d) Annually, before the date set by the district under (e) of this section, each 06 public school shall deliver to the department for posting on the department's Internet 07 website and provide, in a public meeting of parents, students, and community 08 members, a report on the school's performance and the performance of the school's 09 students. The report shall be prepared on a form prescribed by the department and 10 must include 11 (1) information on accreditation; 12 (2) results of norm-referenced achievement tests; 13 (3) results of state standards-based assessments in language arts and 14 mathematics;

01 (4) a description, including quantitative and qualitative measures, of 02 student, parent, community, and business involvement in student learning; 03 (5) a description of the school's attendance, retention, dropout, and 04 graduation rates as specified by the state board; 05 (6) the annual percent of enrollment change, regardless of reason, and 06 the annual percent of enrollment change due to student transfers into and out of the 07 school district; 08 (7) if Native language education is provided, a summary and 09 evaluation of the curriculum described in AS 14.30.420; 10 (8) the performance designation assigned the school under 11 AS 14.03.123 and the methodology used to assign the performance designation, 12 including the measures used and their relative weights; 13 (9) other information concerning school performance and the 14 performance of the school's students as required by the state board in regulation; 15 [AND] 16 (10) information on the number, attendance, and performance of 17 students enrolled in the school whose parents or guardians are on active duty in the 18 armed forces of the United States, the United States Coast Guard, the Alaska National 19 Guard, the Alaska Naval Militia, or the Alaska State Defense Force; and 20 (11) a summary and evaluation of the curriculum used by the 21 school for the health and personal safety education program required under 22 AS 14.30.360(a), including 23 (A) the number of students in the school participating in 24 the program; 25 (B) the frequency with which the school teaches the 26 program; and 27 (C) the grades in which the program is taught. 28 * Sec. 2. AS 14.16.050(a) is amended to read: 29 (a) The following provisions apply with respect to the operation and 30 management of a state boarding school as if it were a school district: 31 (1) requirements relating to school district operations:

01 (A) AS 14.03.030 - 14.03.050 (defining the school term, day in 02 session, and school holidays); 03 (B) AS 14.03.083 - 14.03.140 (miscellaneous provisions 04 applicable to school district operations); 05 (C) regulations adopted by the board under authority of 06 AS 14.07.020(a) that are applicable to school districts and their schools, unless 07 the board specifically exempts state boarding schools from compliance with a 08 regulation; 09 (D) AS 14.12.150 (authorizing school districts to establish and 10 participate in the services of a regional resource center); 11 (E) AS 14.14.050 (imposing the requirement of an annual 12 audit); 13 (F) AS 14.14.110 (authorizing cooperation with other school 14 districts); 15 (G) AS 14.14.140(b) (establishing a prohibition on 16 employment of a relative of the chief school administrator); 17 (H) AS 14.18 (prohibiting discrimination based on sex in 18 public education); 19 (2) requirements relating to the public school funding program and the 20 receipt and expenditure of that funding: 21 (A) AS 14.17.500 (relating to student count estimates); 22 (B) AS 14.17.505 (relating to school operating fund balances); 23 (C) AS 14.17.500 - 14.17.910 (setting out the procedure for 24 payment of public school funding and imposing general requirements and 25 limits on money paid); 26 (3) requirements relating to teacher employment and retirement: 27 (A) AS 14.14.105 and 14.14.107 (relating to sick leave); 28 (B) AS 14.20.095 - 14.20.215 (relating to the employment and 29 tenure of teachers); 30 (C) AS 14.20.220 (relating to the salaries of teachers 31 employed);

01 (D) AS 14.20.280 - 14.20.350 (relating to sabbatical leave 02 provisions for teachers); 03 (E) AS 23.40.070 - 23.40.260 (authorizing collective 04 bargaining by certificated employees), except with regard to teachers who are 05 administrators and except that the board may delegate some or all of its 06 responsibilities under those statutes; 07 (F) AS 14.25 (provisions regarding the teachers' retirement 08 system); 09 (4) requirements relating to students and educational programs: 10 (A) AS 14.30.180 - 14.30.350 (relating to educational services 11 for children with disabilities); 12 (B) AS 14.30.360 - 14.30.370 (establishing health and 13 personal safety education program standards); 14 (C) AS 14.30.400 - 14.30.410 (relating to bilingual and 15 bicultural education). 16 * Sec. 3. AS 14.30.360 is amended to read: 17 Sec. 14.30.360. Health and personal safety education curriculum; physical 18 activity guidelines. (a) Each district in the state public school system shall provide 19 [BE ENCOURAGED TO INITIATE AND CONDUCT] a program in health and 20 personal safety education for kindergarten through grade 12. The program must 21 [SHOULD] include instruction in physical health and personal safety, including 22 alcohol and drug abuse education, cardiopulmonary resuscitation (CPR), early cancer 23 prevention and detection, dental health, family health including infant care, 24 environmental health, the identification and prevention of child abuse, child abduction, 25 neglect, sexual abuse, and domestic violence, [AND] appropriate use of health 26 services, and sexual health. 27 (b) The state board shall establish guidelines for the [A] health and personal 28 safety education program required under (a) of this section. Personal safety 29 guidelines shall be developed in consultation with the Council on Domestic Violence 30 and Sexual Assault. Upon request, the Department of Education and Early 31 Development, the Department of Health, and the Council on Domestic Violence and

01 Sexual Assault shall provide technical assistance to school districts in the development 02 of personal safety curricula. A school health education specialist position shall be 03 established and funded in the department to coordinate the program statewide. 04 Adequate funds to enable curriculum and resource development, adequate consultation 05 to school districts, and a program of teacher training in health and personal safety 06 education shall be provided. 07 (c) In addition to the health and personal safety education program required 08 [ENCOURAGED] under (a) of this section, a school district shall establish guidelines 09 for schools in the district to provide opportunities during each full school day for 10 students in grades kindergarten through eight for a minimum of 90 percent of the daily 11 amount of physical activity recommended for children and adolescents in the physical 12 activity guidelines by the Centers for Disease Control and Prevention, United States 13 Department of Health and Human Services. The time provided for physical activity 14 under this subsection may include physical education classes and opportunities for 15 unstructured physical activity, such as recess. A school district shall adopt guidelines 16 under this subsection that 17 (1) allow a student to be excused from the physical activity 18 opportunities if the student is unable to participate for a medical reason; and 19 (2) provide an exemption from the physical activity opportunities 20 under this subsection for health and safety reasons, such as inclement weather. 21 (d) In this section, 22 (1) "district" has the meaning given in AS 14.17.990; 23 (2) "medically and scientifically accurate information" means 24 information that is verified or supported by the weight of research in compliance 25 with accepted scientific methods, that is published in peer-reviewed journals, 26 where appropriate, and that is recognized as accurate and objective by 27 professional organizations and agencies with expertise in the field of sexual 28 health, including the American College of Obstetricians and Gynecologists, the 29 American Academy of Pediatrics, and the United States Centers for Disease 30 Control and Prevention; 31 (3) "voluntary consent" means conscious and voluntary

01 affirmative agreement to engage in sexual activity. 02 * Sec. 4. AS 14.30.360 is amended by adding a new subsection to read: 03 (e) The health and personal safety education program required under (a) of 04 this section must include comprehensive sexual health education based on a 05 curriculum that 06 (1) instructs students on human development, sexuality, and 07 reproduction, including instruction on abstinence, anatomy and physiology, consent, 08 contraception, healthy relationships, and the prevention of pregnancy and sexually 09 transmitted diseases; 10 (2) is appropriate to a student's age and development; 11 (3) teaches medically and scientifically accurate information informed 12 by scientific research and effective practices; 13 (4) is consistent with the Future of Sex Education Initiative 2011 14 National Sexuality Education Standards: Core Content and Skills, K-12; 15 (5) teaches students abstinence as the most effective means of avoiding 16 sexually transmitted diseases and unintended pregnancy, but that also includes 17 materials and instruction on other forms of contraceptives and disease prevention; 18 (6) is inclusive of all students, regardless of gender, gender identity, 19 race, disability status, religion, or sexual orientation; and 20 (7) emphasizes that voluntary consent is required before sexual 21 activity. 22 * Sec. 5. AS 14.30.361 is repealed. 23 * Sec. 6. This Act takes effect June 30, 2024.