Current through Register Vol. 46, No. 12, March 20, 2024
(a)
Provision for health education. It shall be the duty of the trustees and boards
of education to provide a satisfactory program in health education in
accordance with the needs of pupils in all grades. Such program shall include
the several dimensions of health, including mental health and the relation of
physical and mental health, and shall be designed to enhance student
understanding, attitudes and behaviors that promote health, well-being and
human dignity. This program shall include, but shall not be limited to
instruction concerning the misuse of alcohol, tobacco and other drugs, and the
prevention and detection of certain cancers.
(b) Health education in the elementary
schools.
(1) The elementary school curriculum
shall include a sequential health education program for all pupils, grades K-6.
In the kindergarten and primary grades, the teacher shall provide for pupil
participation in planned activities for developing attitudes knowledge that
contribute to their own sense of self-worth, respect for their bodies and
ability to make constructive decisions regarding their social and emotional
health, physical health and mental health. Personal health guidance shall also
be provided according to the individual needs of pupils. This guidance shall
include the development of specific habits necessary to maintain good
individual and community health. In addition to continued health guidance,
provision shall be made in the school program of grades 4-6 for planned units
of teaching which shall include health instruction through which pupils may
become increasingly self-reliant in solving their own health problems and those
of the group. Health education in the elementary school grades shall be taught
by the regular classroom teachers.
(2) All elementary schools shall provide
appropriate instruction concerning the acquired immune deficiency syndrome
(AIDS) as part of the sequential health education program for all pupils,
grades K-6. Such instruction shall be designed to provide accurate information
to pupils concerning the nature of the disease, methods of transmission, and
methods of prevention; shall stress abstinence as the most appropriate and
effective premarital protection against AIDS, and shall be age appropriate and
consistent with community values. No pupil shall be required to receive
instruction concerning the methods of prevention of AIDS if the parent or legal
guardian of such pupil has filed with the principal of the school which the
pupil attends a written request that the pupil not participate in such
instruction, with an assurance that the pupil will receive such instruction at
home. In public schools, such instruction shall be given during an existing
class period using existing instructional personnel, and the board of education
or trustees shall provide appropriate training and curriculum materials for the
instructional staff who provide such instruction and instructional materials to
the parents who request such materials. In public schools, the board of
education or trustees shall establish an advisory council which shall be
responsible for making recommendations concerning the content, implementation,
and evaluation of an AIDS instruction program. The advisory council shall
consist of parents, school board members, appropriate school personnel, and
community representatives, including representatives from religious
organizations. Each board of education or trustees shall determine the content
of the curriculum and approve its implementation, and shall be responsible for
the evaluation of the district's AIDS instruction program.
(c) Health education in the secondary
schools.
(1) The secondary school curriculum
shall include health education as a constant for all pupils. In addition to
continued health guidance in the junior high school grades, provision shall
also be made for a separate one-half year course. In addition to continued
health guidance in the senior high school, provision shall also be made for an
approved one-half unit course. Health education shall be required for all
pupils in the junior and senior high school grades and shall be taught by
teachers holding a certificate to teach health. A member of each faculty with
approved preparation shall be designated as health coordinator, in order that
the entire faculty may cooperate in realizing the potential health-teaching
values of the school programs. The health coordinator shall insure that related
school courses are conducted in a manner supportive of health education, and
provide for cooperation with community agencies and use of community resources
necessary for achieving a complete school-community health education
program.
(2)
(i) All secondary schools shall provide
appropriate instruction concerning the acquired immune deficiency syndrome
(AIDS) as part of required health education courses in grades 7-8 and in grades
9-12. Such instruction shall be designed to provide accurate information to
pupils concerning the nature of the disease, methods of transmission, and
methods of prevention; shall stress abstinence as the most appropriate and
effective premarital protection against AIDS, and shall be age appropriate and
consistent with community values. No pupil shall be required to receive
instruction concerning the methods of prevention of AIDS if the parent or legal
guardian of such pupil has filed with the principal of the school which the
pupil attends a written request that the pupil not participate in such
instruction, with an assurance that the pupil will receive such instruction at
home. In public schools, such instruction shall be given during an existing
class period using existing instructional personnel, and the board of education
or trustees shall provide appropriate training and curriculum materials for the
instructional staff who provide such instruction and instructional materials to
the parents who request such materials. In public schools, the board of
education or trustees shall establish an advisory council which shall be
responsible for making recommendations concerning the content, implementation,
and evaluation of an AIDS instruction program. The advisory council shall
consist of parents, school board members, appropriate school personnel, and
community representatives, including representatives from religious
organizations. Each board of education or trustees shall determine the content
of the curriculum and approve its implementation and shall be responsible for
the evaluation of the district's AIDS instruction program.
(ii) Boards of education or trustees that
make condoms available to pupils as part of the district's AIDS instruction
program shall:
(a) submit a condom
distribution policy to the advisory council for appropriate
recommendations;
(b) make condoms
available only to pupils who participate in an appropriate AIDS instruction
program as defined in this section;
(c) provide each pupil receiving condoms with
accurate and complete personal health guidance as to the risks of disease that
may result from the pupil's use or misuse of such product, which appropriately
takes into account the child's age;
(d) assure that such personal health guidance
is provided by health service personnel or school personnel trained and
supervised by competent health professionals or health educators; and
(e) submit for approval by the commissioner a
plan for the training of health service personnel, as defined in section
136.1(c)
of this Title, or school personnel who will provide such personal health
guidance. Such plan shall be approved upon a finding of the commissioner that
the training is adequate to prepare such personnel or school personnel to
provide the required personal health guidance in an effective manner.