Pennsylvania Legislature Poised to Side Against Abstinence Education?

The following is the text of HB1162 which frames abstinence education in a dirparaging light. How about drafting a law that warns parents of the failure of Planned Parenthood style sex education? Someone should tell the legislators listed below that it is not the abstinent students who get pregnant or contract sexually transmitted diseases. It is the teens who come out of Planned Parenthood with their paper bag full of condoms, or prescriptions for birth control pills. Birth control fails. The Pennsylvania Legislature has no business promoting Planned Parenthood's self serving agenda. Sue Cirba

PRINTER'S NO. 1712
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1162 Session of
2009
INTRODUCED BY PASHINSKI, BARRAR, BISHOP, BRADFORD, BRENNAN,
BRIGGS, BUXTON, DePASQUALE, FRANKEL, GINGRICH, GROVE,
HARHART, JOSEPHS, KOTIK, MANDERINO, McILVAINE SMITH, MOUL,
MURT, O'NEILL, PAYTON, PETRI, READSHAW, ROEBUCK, ROSS,
SABATINA, SAYLOR, SHAPIRO, SIPTROTH, WALKO, WHEATLEY AND
YOUNGBLOOD, APRIL 30, 2009
REFERRED TO COMMITTEE ON EDUCATION, APRIL 30, 2009
AN ACT
Providing for parental notification concerning abstinence-onlyuntil-
marriage programs or instruction in public school
curricula in grades 6 through 12.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Notice Home
Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Abstinence-only-until-marriage programs." Instruction that
emphasizes abstinence from sex to the exclusion of all other
types of sexual and reproductive health education, particularly
regarding safe sex through the use of contraception and condoms

for the prevention of sexually transmitted infections and
unintended pregnancy. This type of instruction promotes sexual
abstinence until marriage and either avoids any discussion about
the use of contraceptives and condoms or only reveals failure
rates associated with such use.
"Medically accurate." Information supported by the weight of
research conducted in compliance with accepted scientific
methods and recognized as accurate and objective by leading
professional organizations and agencies with relevant expertise
in the field.
"Parental opt-out." The form sent along with a notice to a
parent or guardian alerting them to abstinence-only-untilmarriage
programs or instruction given to his or her child.
Section 3. Findings.
(a) Findings.--The General Assembly finds and declares as
follows:
(1) According to "Parent-Child Communication: Promoting
Sexually Healthy Youth" by Nicholas Lagina (2002), numerous
research studies have shown that parental involvement in a
child's education and positive communication between parents
and children have a positive impact on sound decision-making
and healthy relationships.
(2) According to the National Campaign to Prevent Teen
Pregnancy, teen childbearing costs taxpayers $9,100,000,000
nationally and $389,000,000 in this Commonwealth in 2004.
(3) According to a 2008 Centers for Disease Control and
Prevention study, one in four teenage girls today is infected
with a sexually transmitted infection.
(4) According to Peter D. Hart Research Associates, Inc.
(2007), 76% of voters strongly favor legislation to require

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public schools to inform parents about whether or not their
children are being taught the risks and benefits of
contraception and how to prevent diseases such as acquired
immune deficiency syndrome (AIDS) and human immunodeficiency
virus (HIV).
(b) Intent.--It is therefore the intent of the General
Assembly to establish this act, which will: require schools to
send information to parents about the content of specific public
school curricula for grades 6 through 12 as they pertain to
abstinence-only-until-marriage programs or instruction, and
methods of preventing pregnancy and sexually transmitted
infections; allow parents and guardians to excuse their children
from abstinence-only-until-marriage instruction; inform them of
their right to be involved in their children's education; and
provide an enforcement mechanism.
Section 4. Parental notification.
The principal of any public school that receives abstinenceonly-
until-marriage program funding or elects to teach
abstinence-only-until-marriage programs in any grade 6 through
12 shall, at the beginning of each school year, or, for a pupil
who enrolls in a school after the beginning of the school year,
at the time of that pupil's enrollment, send a notice home along
with a parental opt-out form to the parents or guardians of
affected students stating the following:
(1) Your child will be participating in abstinence-onlyuntil-
marriage instruction.
(2) Abstinence-only-until-marriage programs do not teach
students how to prevent pregnancy or sexually transmitted
infections other than by remaining abstinent.
(3) Your child is not receiving the following

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information:
(i) Methods, other than abstinence, for preventing
pregnancy and sexually transmitted infections, including,
but not limited to, acquired immune deficiency syndrome
(AIDS) and human immunodeficiency virus (HIV).
(ii) Medically accurate instruction on the correct
use, risks and benefits, including safety and efficacy,
of Food and Drug Administration-approved methods for:
(A) Reducing the risk of contracting sexually
transmitted infections, including AIDS and HIV.
(B) Preventing pregnancy.
(iii) Medically accurate instruction that provides
all students with the necessary skills for making and
implementing responsible decisions about relationships
and sexuality, including the use of all effective methods
to prevent pregnancy and sexually transmitted infections,
including AIDS and HIV.
(4) Parents and guardians have the right to review
abstinence-only-until-marriage curricula in their entirety.
Written and audio visual educational materials used in
abstinence-only-until-marriage programs, including those
delivered by outside speakers, shall be made reasonably
accessible for inspection.
(5) Parents and guardians have the right to excuse their
children from all or parts of abstinence-only-until-marriage
instruction.
Section 5. Opt-out.
(a) Option.--At the request of a parent or guardian, a pupil
shall be excused from all or parts of abstinence-only-untilmarriage
instruction. The principal shall notify all parents or

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guardians of their ability to withdraw their children from the
instruction by returning a signed opt-out form, which will be
sent along with the notice.
(b) Prohibition.--A pupil may not be subject to disciplinary
action, academic penalty or other sanction if the pupil's parent
or guardian declines to permit the student to receive
abstinence-only-until-marriage instruction.
Section 6. Curriculum review.
The school shall inform parents or guardians of affected
students of the opportunity for commenting on curriculum via the
local school board or an alternative process either by including
information about this process or in a separate notice to be
mailed at the beginning of each year, or, for a pupil who
enrolls in a school after the beginning of the school year, at
the time of that pupil's enrollment.
Section 7. Enforcement.
(a) Complaint.--Any parent or guardian who believes that he
or she failed to receive a notice in conformity with the
requirements of section 4 may file a complaint with the district
superintendent of schools. Within 30 days of receiving a
complaint, the district superintendent shall take any warranted
corrective action and notify the complainant and the principal
what, if any, corrective action was taken.
(b) Appeal.--If the district superintendent takes no
corrective action, or if a parent or guardian is not satisfied
with the action taken, the parent or guardian may appeal to the
local school board. Upon receipt of notice from the district
superintendent, as required in subsection (a) or 30 days after
filing a complaint with the district superintendent, the parent
or guardian may take their complaint to the local school board

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for review. The local school board has 30 days to take any
warranted corrective action and notify the complainant and the
district superintendent what, if any, corrective action was
taken.
(c) Further appeal.--Any parent or guardian may appeal to
the Secretary of Education. Upon receipt of notice from the
local school board, as required in subsection (b) or 30 days
after filing a complaint with the local school board, the parent
or guardian may appeal to the secretary. The secretary shall
investigate the claim and make a finding regarding compliance
with this act. If the secretary makes a finding of substantial
noncompliance, the secretary shall take corrective action,
including prohibiting the district from accepting Federal and
State abstinence-only-until-marriage funding for a period of at
least one calendar year.
Section 8. Effective date.
This act shall take effect in 90 days.

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