Current through Register Vol. 63, No. 9, September 1, 2024
(1)
The following definitions apply to Oregon Administrative Rule 581-022-2050:
(a) "Age-appropriate" means curricula
designed to teach concepts, information, and skills based on the social,
cognitive, emotional, experience and developmental level of students;
(b) "Balanced" means instruction that
provides information with the understanding of, and strength of the
preponderance of evidence;
(c)
"Best practice" means a practice/curriculum that is based in proven theory and
practices, and has some evidence of effectiveness, but has not specifically
gone through a randomized controlled trial that is needed to become an
evidence-based practice;
(d)
"Comprehensive plan of instruction" (as defined by Oregon education statutes)
means k-12 programs that emphasize abstinence, but not to the exclusion of
condom and contraceptive skills-based education. The human sexuality
information provided is complete, balanced, and medically accurate.
Opportunities are provided for young people to develop and understand their
values, attitudes, beliefs and decisions about sexuality as a means of helping
young people exercise responsibility regarding sexual relationships and sexual
health decisions as further defined by subsections (2) and (3);
(e) "Consensual" means the presence of a
"yes" when "no" is a viable option;
(f) "Culturally inclusive" means using
materials and instruction strategies that respond to culturally diverse
individuals, families, and communities in a respectful and effective
manner;
(g) "Gender expression"
means how people express their gender based on mannerisms, dress, etc. A
person's gender expression/presentation may not always match their gender
identity;
(h) Gender identity"
means a person's internal sense of being male, female or some other gender,
regardless of whether the individual's appearance, expression or behavior
differs from that traditionally associated with the individual's sex assigned
at birth;
(i) "Gender role" means
the socially determined sets of behaviors assigned to people based on their
biological sex;
(j) "Gender
sensitive" means using materials and instruction strategies that are sensitive
to individual's similarities and differences regarding gender role, gender
identity and/or sexual orientation;
(k) "Healthy relationship" means one in which
both people feel a healthy sense of "self". Each person feels comfortable and
safe when spending time with the other person. Two individuals try to meet each
other's needs, and each can ask for help and support, within and outside of the
relationship without fear of criticism or harm;
(l) "Medically accurate" means information
that is established through the use of the 'scientific method.' Results can be
measured, quantified, and replicated to confirm accuracy, and are reported or
recognized in peer-reviewed journals or other authoritative
publications;
(m) "Non-consensual
sexual behavior" means any sexual act that is inflicted upon a person who is
unable to grant consent or that is unwanted and compelled through the use of
physical force, manipulation, threats, or intimidation;
(n) "Research-based" means intervention is
based on theoretical approaches that have been shown through scientific
evaluation to be effective in achieving the intended outcomes. Evaluation based
on studies using scientifically based designs; results published in recognized,
peer-reviewed journals;
(o) "Sexual
intercourse" means a type of sexual contact or activity involving one of the
following:
(A) Vaginal sex;
(B) Oral sex; or
(C) Anal sex;
(p) "Sexual orientation" means an
individual's actual or perceived heterosexuality, homosexuality, bisexuality or
other romantic and/or sexual attraction;
(q) "Shame or fear based" means terminology,
activities, scenarios, context, language, and/or visual illustrations that are
used to devalue, ignore, and/or disgrace students who have had or are having
sexual relationships. Not all curricula or activities that describe risks of
sexual activities can be considered "fear-based;"
(r) "Skills-based" means instructional
strategy that has students practice the desired skill; and
(s) "Student bystander behavior" means
behaviors in which students who witness or learn about a peer's harmful
behaviors or attitudes intervene when it is safe to do so.
(2) Each school district shall provide an
age-appropriate, comprehensive plan of instruction focusing on human sexuality
education, HIV/AIDS and sexually transmitted infections and disease prevention
in elementary and secondary schools as an integral part of health education and
other subjects. Course material and instruction for all human sexuality
education courses that discuss human sexuality in public elementary and
secondary schools shall enhance students' understanding of sexuality as a
normal and healthy aspect of human development. As part of the comprehensive
plan of human sexuality instruction, each school district board shall adopt a
child sexual abuse prevention instructional program for students in
kindergarten through grade 12 as defined in subsection (9). In addition, the
HIV/AIDS and sexually transmitted infections and disease prevention education
and the human sexuality education comprehensive plan shall provide adequate
instruction at least annually, for all students' grades 6-8 and at least twice
during grades 9-12.
(3) Parents,
teachers, school administrators, local health department staff, other community
representatives, and persons from the medical community who are knowledgeable
of the latest scientific information and effective education strategies shall
develop the plan of instruction required by this rule, and in alignment with
the Oregon Health Education Standards and Benchmarks, cooperatively.
(4) Local school boards shall approve the
plan of instruction and require that it be reviewed and updated biennially in
accordance with new scientific information and effective education
strategies.
(5) Any parent may
request that his/her child be excused from that portion of the instructional
program required by this rule under the procedures set forth in ORS
336.035(2).
(6) The comprehensive plan of instruction
shall include information that:
(a) Promotes
abstinence for school-age youth and mutually monogamous relationships with an
uninfected partner for adults as the safest and mostly responsible sexual
behavior to reduce the risk of unintended pregnancy and exposure to HIV,
Hepatitis B/C and other sexually transmitted infectious diseases;
(b) Allays those fears concerning HIV that
are scientifically groundless;
(c)
Is balanced and medically accurate;
(d) Provides balanced, accurate information,
and skills-based instruction on the risks and benefits of contraceptives,
condoms and other disease reduction measures which reduce the risk of
unintended pregnancy, exposure to HIV, hepatitis B/C and other sexually
transmitted infections and diseases;
(e) Discusses responsible sexual behaviors
and hygienic practices which may reduce or eliminate unintended pregnancy,
exposure to HIV, hepatitis B/C and other sexually transmitted infections and
diseases;
(f) Stresses the risks of
contracting HIV, hepatitis B and C and other infectious diseases through
sharing of needles or syringes for injecting illegal drugs and controlled
substances;
(g) Discusses the
characteristics of the emotional, physical and psychological aspects of a
healthy relationship;
(h) Discusses
the benefits of delaying pregnancy beyond the adolescent years as a means to
better ensure a healthy future for parents and their children. Students shall
be provided with statistics based on the latest medical information regarding
both the health benefits and the possible side effects of all forms of
contraceptives, including the success and failure rates for prevention of
pregnancy, sexually transmitted infections and diseases;
(i) Stresses that HIV/STDs and hepatitis B/C
can be possible hazards of sexual contact;
(j) Provides students with information about
Oregon laws that address young people's rights and responsibilities relating to
childbearing and parenting, and prevention of the spread of STDs, STIs,
including testing for STDs, STIs, HIV and pregnancy;
(k) Advises pupils of the circumstances in
which it is unlawful under ORS
163.435 and
163.445 for persons 18 years of
age or older to have sexual relations with persons younger than 18 years of age
to whom they are not married;
(l)
Encourages positive family communication and involvement and helps students
learn to make responsible, respectful and healthy decisions;
(m) Teaches that no form of sexual
expression, or behavior is acceptable when it physically or emotionally harms
oneself or others and that it is wrong to take advantage of or exploit another
person;
(n) Teaches that consent is
an essential component of healthy sexual behavior. Course material shall
promote positive attitudes and behaviors related to healthy relationships and
sexuality, and encourage active student bystander behavior;
(o) Teaches students how to identify and
respond to attitudes and behaviors which contribute to sexual violence;
(p) Validates through course
material and instruction the importance of honesty with oneself and others,
respect for each person's dignity and well-being, and responsibility for one's
actions;
(q) Uses inclusive
materials, language, and strategies that recognizes different sexual
orientations, gender identities and gender expression;
(r) Includes information about relevant
community resources, how to access these resources, and the laws that protect
the rights of minors to anonymously access these resources; and
(s) Is culturally inclusive.
(7) The comprehensive plan of
instruction shall emphasize skills-based instruction that:
(a) Assists students to develop and practice
effective communication skills, the development of self-esteem and the ability
to resist peer and partner pressure;
(b) Provides students with the opportunity to
learn about and personalize peer, media, technology and community influences
that both positively and negatively impact their attitudes and decisions
related to healthy sexuality, relationships, and sexual behaviors, including
decisions to abstain from sexual intercourse;
(c) Enhances students' ability to access
valid health information and resources related to their sexual
health;
(d) Teaches how to develop
and communicate relational, sexual and reproductive boundaries;
(e) Is research-based, evidence-based and/or
best practice; and
(f) Aligns with
the Oregon Health Education Content Standards and Benchmarks.
(8) All human sexuality education
programs shall emphasize that abstinence from sexual intercourse, when
practiced consistently and correctly, is the only method that is 100 percent
effective against unintended pregnancy, HIV infection (when transmitted
sexually), hepatitis B/C infection, and other sexually transmitted infections
and diseases. Abstinence is to be stressed, but not to the exclusion of
contraceptives and condoms for preventing unintended pregnancy, HIV infection,
sexually transmitted infections and diseases, and hepatitis B/C. Such courses
are to acknowledge the value of abstinence while not devaluing, ignoring or
stigmatizing those students who have had or are having sexual relationships.
Further, sexuality education materials, instructional strategies, and
activities must not, in any way, use shame or fear based tactics.
(9) As part of the comprehensive plan of
human sexuality instruction, each school district shall provide child sexual
abuse prevention instruction from kindergarten through grade 12. School
Districts must provide a minimum of four instructional sessions per year. One
instructional session is equal to one standard class period.
(10) Materials and information shall be
presented in a manner sensitive to the fact that there are students who have
experienced, perpetrated, or witnessed sexual abuse and relationship
violence.
Stat. Auth.: ORS
326.051
Stats. Implemented: ORS
336.455 &
336.455
