Office of Sen.

Mike Johnston
Colorado General Assembly | 200 E. Colfax Avenue | Denver, CO 80203 | 303.866.4864

HB 13-1081 Comprehensive Human Sexuality K-12 Education Rep. Duran & Sen. Todd Staff Name: Colinford Mattis What the Bill Does: Building on HB 07-1292, the Public Health Reauthorization Act (SB 08-194), and the Education Alignment Act (SB 08-212), the proposed bill builds and modifies comprehensive human sexuality education content standards. Furthermore, the bill will create, in the department of public health and environment, the comprehensive human sexuality education grant program. Funding opportunities will be reviewed by an oversight body (the interagency youth sexual health team), which will work with appropriate state departments to apply for state and federal grant opportunities, which will be used to fund the program. The oversight body and partnering department will notify school districts, boards of cooperative services, and the state charter school institute of the program. The oversight body will develop grant applications criteria for grant recipients, and length of grant. They will review all applications and make award recommendations to the partnering department. All program money awarded can only be used towards providing comprehensive human sexuality education programs that are evidence-based, culturally sensitive, medically accurate, age-appropriate, reflective of positive youth development approaches, and that comply with statutory content standards. Schools awarded funding must implement an opt-out policy for comprehensive health and sexuality education programs. Lastly, the rules for implementation of the program will be created by the state board of health. Colorado Context: Currently, Colorado has the following statutes in place related to K-12 comprehensive human sexuality education: In 2007, HB 07-1292 established content standards for Colorado public schools human sexuality courses. In 2008, the Public Health Reauthorization Act (SB 08-194) create[d] a statewide public health improvement plan to eliminate geographic-based and other disparities in the accessibility and availability of services through the states public health agencies. In 2008, the Education Alignment Act (SB 08-212) requires all school district standards to meet or surpass stated state standards, and requires

FACT SHEET MEMORANDUM

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school districts to adopt curriculum and assessments that reflect these state standards. In 2009, the Colorado state board of education implemented academic content standards for comprehensive health education to support students in making prudent decisions regarding their health and provide them with the tools to do so.

National Context: All states have laws regarding sexual health education for public school students. As of February 2013, [thirty-three] states and the District of Columbia require students receive instruction about HIV/AIDS; [twenty-two] states and the District of Columbia require public schools to teach sex education (including HIV education); and [eighteen] states require sex education curricula to be medically accurate and/or age appropriate, although there is some variance on what constitutes medically accurate.1 Bill Provisions: All school districts, board of cooperative services, charter schools, or institute charter schools that have a comprehensive human sexuality curriculum, expect those receiving federal funding for an abstinence education program after June 30,2013, must maintain content standards related to the following, but cannot prohibit discussion of health, moral, ethical, or religious values related to human sexuality, healthy relationships, and family formations: o Encourages parental involvement and family communication o Medically accurate information about pregnancy and STD prevention, and use of abstinence, contraception, condoms, and other barrier methods. o Instruction information for students to cultivate skills to make prudent sexual decisions, healthy relationships, resisting peer pressure, avoiding and not prorogating unwanted sexual advances, and avoiding sexual assumptions based on persons appearance. o Information on identifying and responding to real and potential sexual or physical violence situations. o Discussions on alcohol and drug usage affect on prudent decisionmaking. o Be comprehensive, age-appropriate, evidence-based, culturally sensitive, inclusive of a positive youth development framework, and medically accurate. o Instruction about the health benefits, possible side effects, and availability of contraceptives and barrier methods, and emergency contraceptives to prevent pregnancy. o Character education programs pursuant to section 22-29-103, by school districts, must have guidelines of behavior established in the character education program. Teachers, school nurses, parents, and community members should help develop the aforementioned content standards.
1

National Conference of State Legislatures. State policies on Sex Education in Schools. http://www.ncsl.org/issues-research/health/state-policies-on-sex-education-in-schools.aspx

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Nothing in this section requires amending any comprehensive human sexuality education content standards developed by the Department and adopted by the State Board before July 1, 2013. A school district, board of cooperative services, charter school or institute charter school that offers a comprehensive human sexuality education must provide parents or guardians with the following prior to the start of the curriculum: o Written notification of an opt-out option from the human sexual health portion of the curriculum without penalty, which can be exercised with a written request at least two weeks before the start of instruction. o A detailed outline of the human sexual health curriculum. These provisions do not apply to local comprehensive health education programs pursuant to article 25 of this title implemented a school district, board of cooperative services, charter school or institute charter school. Creation of the Comprehensive Human Sexuality Education Grant Program in the Department of Public Health and Environment, with the purpose of providing money to public schools and school districts to create and implement a comprehensive human sexuality education programs in their curriculum. Once there are federal or other appropriations to the cash fund, the department and oversight entity will notify school districts, the state charter school statute, and boards of cooperative services in the stat of the programs available grants. The department will award grants to public schools and school districts for one to three years, based on the recommendations of the oversight entity. Award money distributed to public schools and school districts can only be used for the comprehensive human sexuality education programs in compliance with section 22-1-128 C.R.S. and 22-25-104(3) C.R.S. The state board will make rules for the administration of this article, based on the recommendations of the oversight entity based on section 25-44-103(2) (b), by December 1,2013 or once there is sufficient funds to implement the programwhich ever comes first. The department will submit an annual program outcomes report to the state board of education, the department of education, and the education committees of the senate and house of representative, the health and human services committee of the senate, and the public health care and human services committee of the house of representatives or any successor committees, by January 30, 2017. The report must include the following: the number of public schools and school districts that received a grant, the number of students reached and the curriculum utilized, the amount of each grant awarded, the mean amount of all grants awarded, and the source and amount of each gift. The department is only required to implement these provisions if they secure sufficient moneys for the program. These provisions will not apply to students in kindergarten through third grade. The oversight entity must meet by July 1, 2013 and membership must include the following: the executive director of the department of public health and environment or her designee, the executive director of the department of For a complete list of fact sheets, visit www.mikejohnston.org/in-the-legislature.

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health care policy and financing or her designee, the commissioner of education or her designee, the executive director of the department of human services or her designee, and a parent representative appointed by the department of health. The oversight entity has the following duties: o Starting with the 2013-14 academic year, the oversight entity will annually assess federal and state funding opportunities for the program, excluding funding for abstinence exclusively and funding requiring adherence to the A-H guidelines of section 510 (b) of title V of the federal Social Security Act, Pub. L. 104-193, which are inconsistent with 22-1-128 C.R.S. The oversight entity will inform eligible state departments about available federal and state moneys related to comprehensive human sexuality education funds. o Develop and recommend to the state board policies and procedures for implementing the program. These policies and procedures should include the following: A process for notifying public schools and school districts of available program funds. The procedures for public schools and school districts to apply for program grants. Applications must include: How the school or district will use any awarded money to provide comprehensive human sexuality education to its student population. How the proposed sexual education program will comply with section 22-1-128 C.R.S. and article 25 of title 22 C.R.S. and is evidence-based, culturally sensitive, and represents positive youth development principles. The amount of students expected to be reached by the program. The length of time the applicant is requesting money. Oversight entitys criteria for selecting grantees, the amount of money to award each grantees. The criteria must require the proposed program to comply with sections 22-1-128 and 22-25104 C.R.S. and is evidence-based, culturally sensitive, and represents positive youth development principles. Solicit grant applications from public school and school districts, with the department. Review applications and make award recommendations based on the developed criteria. The creating of the Comprehensive Human Sexuality Education Grant Program Cash Fund within the State Treasury. The fund is made up of money transferred from the aforementioned sources and the general assembly. Money will be continuously appropriated to the department for the direct and indirect costs from implementing this article. Money not used for grants may be invested by the state treasurer as stated in section 24-36-113 C.R.S; and all interest and income from the investment and deposit of money in the cash fund must be credited to the cash fund. All money in the fund at the end of the fiscal year must remain there.

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The department can use a reasonable amount of the money received for direct and indirect administrative costs, unless otherwise not allowed another provision. General funds money cannot be appropriated to the cash fund for implementing this article. The department can seek, accept, and use public or private gifts from public or private sources to implement this article, except gifts that are inconsistent with provisions of 25-44-102(2) or any other state law. These monies will be transfer to the cash fund via the state treasurer. The department will notify the legislative council staff when it has adequate funding through gifts and the notification will include the information detailed in section 24-75-1303(3) C.R.S. This provision will be repeals July 1,2016. The department of education shall identify programs that are evidencebased, culturally sensitive, and reflective of positive youth development guidelines for use by school districts in local comprehensive health education programs, including: (a) safe schools and antibulling; (b) sexual assault and teen dating violence prevention; (c) comprehensive human sexuality education; (d) social and emotional wellness; (e) benefits of physical activity; and (f) nutrition This article will not require school districts or boards of cooperative services to start a local comprehensive health education program or prevent them from offering a program not operated under the requirements of this article, except for the following: must comply with the requirement in section 22-1128(7) regarding using science-based content standards for instruction of human sexuality, unless they receive direct or indirect funding from the federal government for an abstinence education program under 42 U.S.C. sec. 710 as described in section 22-1-128(10). Teen pregnancy and dropout prevention services may include, at a minimum, the following: instruction concerning human sexuality will have science-based content standards based on the requirements of section 22-1-128 (7) C.R.S. as if the program were provided by a school district.

Fiscal Impact: The Colorado Legislative Council estimates there will be a fiscal impact of $4,732,397 because a grant program meeting the requirements of the bill is expected to increase state expenditures by $2,391,092 and 2.1 FTE in FY 2013-14. In FY 2014-15, increased costs are $2,341,305 and 1.5 FTE.2

HB13-1081 Colorado Legislative Council Staff Fiscal Note. pp. 2. http://www.leg.state.co.us/clics/clics2013a/csl.nsf/fsbillcont3/1B0EC2643B4EFFB787257AEE0 054AB45?Open&file=HB1081_r1.pdf

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For a complete list of fact sheets, visit www.mikejohnston.org/in-the-legislature.