To amend chapter 170, RSMo, by adding one new section relating to sexual education in public schools.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF MISSOURI, AS FOLLOWS:

     Section A. Chapter 170, RSMo, is amended by adding thereto one new section, to be known as section 170.015, to read as follows:

     170.015. 1. Any course materials and instruction relating to human sexuality, sexually transmitted diseases or human immunodeficiency virus or acquired immune deficiency syndrome shall be selected by the board of a school district after considering the recommendations of the district's sexual health education advisory council established under subsection 5 of this section and shall:

     (1) Present abstinence from sexual activity as the preferred choice of behavior in relation to all sexual activity for unmarried persons of school age;

     (2) Devote more attention to abstinence from sexual activity than to any other behavior;

     (3) Emphasize that abstinence from sexual activity is the only method that is one hundred percent effective in preventing pregnancy, sexually transmitted diseases, infection with human immunodeficiency virus or acquired immune deficiency syndrome and the emotional trauma associated with adolescent sexual activity;

     (4) Direct adolescents to a standard of behavior in which abstinence from sexual activity before marriage is recognized as the most effective way to prevent pregnancy, sexually transmitted diseases and infection with human immunodeficiency virus or acquired immune deficiency syndrome; and

     (5) Teach contraception and condom use in terms of real human use failure rates instead of theoretical laboratory rates, if instruction on contraception and condoms is included in curriculum content.

     2. A school district shall not distribute condoms or other contraceptives.

     3. A school district which provides human sexuality instruction may separate students according to gender for instructional purposes.

     4. The board of a school district shall determine the specific content of the district's instruction in human sexuality, in accordance with subsections 1 to 3 of this section. A change in health curriculum content or instruction shall only be made after considering the recommendations of the district's sexual health education advisory council. The district's instruction shall recognize that parents have primary responsibility for educating their children in all areas, including the area of sexuality, and neither the state nor the district shall abridge this responsibility.

     5. A school district shall establish a sexual health education advisory council to assist the district in ensuring that local community values and health issues are reflected in the district's human sexuality instruction.

     6. The sexual health education advisory council's duties shall include:

     (1) Recommending appropriate grade levels for human sexuality instruction;

     (2) Recommending the methods of instruction to be used by a teacher in human sexuality instruction education; and

     (3) Recommending the number of hours of instruction to be provided in health education.

     7. The advisory council shall include persons who represent diverse views in the community about human sexuality instruction and shall include parents of students enrolled in the district as a majority of the council. The advisory council may include teachers, school administrators, students, health care professionals, members of the business community, law enforcement representatives, senior citizens, clergy and other interested persons.

     8. A school district shall notify the parent or legal guardian of each student enrolled in the district of:

     (1) The basic content of the district's human sexuality instruction to be provided to the student; and

     (2) The parent's right to remove the student from any part of the district's human sexuality instruction.

     9. A school district shall make all curriculum materials used in the district's human sexuality instruction available for public inspection pursuant to chapter 610, RSMo.