AIDS Prevention Education Act Exposed

The AIDS Prevention Education Act does not include adoption or approval information, but it is included in the 1995 ALEC Sourcebook of American State Legislation. ALEC has attempted to distance itself from this piece of legislation after the launch of ALECexposed.org in 2011, but it has done nothing to get it repealed in the states where it previously pushed for it to be made into law.

ALEC Bill Text

Summary

This bill would provide school districts with adequately trained instructors to educate the students about the most accurate and up-to-date information on AIDS prevention. The school is responsible for distributing curriculum guides and consent forms to parents and guardians. No student may attend the AIDS classes without a consent form.

Model Legislation

{Title, enacting clause, etc.}

Section 1.

This Act may be cited as the AIDS Prevention Education Act.

Section 2.

(A) Commencing in the 1993-94 school year, in those school districts providing AIDS prevention education, that instruction shall be provided by adequately trained instructors in appropriate courses.

(B) Any such AIDS prevention instruction shall accurately reflect the latest information from the United States Public Health Service and the National Academy of Sciences, and shall include the following:

(1) information on the nature of AIDS and its effects on the human body;

(2) information on how the human immunodeficiency virus (HIV) is and is not transmitted, including information on what activities present the highest risk of HIV infection;

(3) discussion of methods to reduce the risk of HIV infection. This instruction shall emphasize that sexual abstinence and abstinence from intravenous drug use are the only completely effective means for AIDS prevention, but may include information on other methods that may reduce risk of HIV infection;

(4) information on local resources for AIDS information and testing;

(5) development of refusal skills to assist students in overcoming peer pressure and avoiding the use of drugs or premature sexual activity.

Section 3.

(A) The parents or guardians of all pupils eligible for AIDS prevention instruction shall receive annually an outline of the relevant curriculum, any curriculum guide or supplement thereto, and a list of the instructional materials to be employed in such AIDS prevention instruction for the grade level of their child.

(B) Except as otherwise provided in this section, any curricular material to be used in or as a basis for AIDS prevention instruction shall, upon request, be made available to parents or guardians of a pupil who would be given such instruction for a seven (7) day take-home period. At least 60 days prior to the beginning of any AIDS prevention instruction, the school district or its designer shall give parents and guardians of such pupils written notice by mail of their right to inspect such curricular material. In cases where the governing board of a school district or its designer determines, on the basis of the limited number of available materials, that it is impractical to provide materials for take-home review, the school district shall provide for public inspection of such materials during all reasonable business and reasonable evening hours.

(C) No public school student shall be permitted to attend any class in which AIDS prevention instruction is or will be given or to participate in any course of instruction which is designed in substantial part for AIDS education instruction unless a parent or guardian of such pupil gives prior signed consent to such attendance on a form solely used for the purpose of complying with the requirements of this section. Such consent may be withdrawn by the parent or guardian at any time.

(1) no pupil shall be adversely affected, penalized or discriminated against in any manner because the parents or guardians of such pupil decline to give the consent provided for in this section;

(2) each school district shall implement this section in a manner which minimizes the potential embarrassment to pupils not permitted to attend such classes;

Section 4. {Severability clause.}

Section 5. {Repealer clause.}

Section 6. {Effective date.}