FOR AN ACT ENTITLED, An Act to  provide for the clarification of sexual abstinence instruction and to condition the acceptance of federal funding contrary to the provisions of this Act.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
     Section  1.  That chapter 13-33 be amended by adding thereto a NEW SECTION to read as follows:

     The Legislature finds that when character development instruction is provided by elementary and secondary schools pursuant to §  13-33-6.1, there is a need to clarify what sexual abstinence is and how it should be taught.
     Section  2.  That chapter 13-33 be amended by adding thereto a NEW SECTION to read as follows:

     The provisions of this Act apply to any school district or system whose governing body elects to instruct its students in a course, unit, class, series of classes, activity, or presentation of sex education, sexual abstinence, or the biological, physical, emotion, psychological, hygienic, economic or social aspects of human sexuality. In such instances, the school shall instruct its students in sexual abstinence consistent with the provisions of this Act.
     Section  3.  That chapter 13-33 be amended by adding thereto a NEW SECTION to read as follows:

     The instruction of sexual abstinence shall teach that abstinence from sexual activity is the responsible and only effective method of eliminating the risk of unplanned or out-of-wedlock pregnancy and sexually transmitted diseases or infections. The instruction shall also teach that it is the expected standard for students to abstain from sexual activity until they are married.

     The instruction of sexual abstinence may not include models of instruction based on risk reduction encouraging, promoting, and providing instruction in the use of contraceptive drugs, devices, or methods.
     Section  4.  That chapter 13-33 be amended by adding thereto a NEW SECTION to read as follows:

     Materials and instruction in sexual abstinence shall recognize parents or legal guardians as the primary sex educators of their children, be age-appropriate, medically referenced, as appropriate, and shall do at least all of the following:

             (1)    Inform students that engaging in unlawful sexual activity may be a crime punishable by law;

             (2)    Inform students concerning the biology of human sexuality as well as reproductive physiology and anatomy;

             (3)    Emphasize to students the benefits of abstaining from sexual activity until marriage as well as the benefits of ceasing sexual activity if a student is sexually active;

             (4)    Emphasize to students that the student has the power to control personal behavior. Students should be taught to base their actions on reasoning, self-discipline, a sense of responsibility, self-control, and ethical considerations such as respect for self and others;

             (5)    Discuss with students the possible physical, emotional, economic, and legal consequences of sexual activity and advise students of the laws pertaining to their responsibility as parents to children born in and out of wedlock;

             (6)    Provide students with information pertaining to (A) the risks associated with sexual activity that lead to the possible transmission and contraction of sexually transmitted diseases or infections including HIV/AIDS; (B) pertaining to the recognition and treatment of sexually transmitted diseases or infections; (C) that sexual abstinence is the only means of eliminating these risks;

             (7)    Provide students with instruction relevant to recognizing and analyzing cultural influences and skills associated with goal setting and decision making;

             (8)    Provide students with instruction on skills related to healthy dating relationships: how to set limits, how to recognize a dangerous environment and exit the situation, and how increased vulnerability to sexual activity is associated with alcohol and drug use. Teach that it is wrong to take advantage of, harass, or exploit another person sexually;

             (9)    Teach refusal skills and encourage students to resist pressures to engage in any sexual activity; and

             (10)    Provide students with instruction regarding the importance of prenatal care for the benefit of the mother and baby.
     Section  5.  That chapter 13-33 be amended by adding thereto a NEW SECTION to read as follows:

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     Materials and instruction used to instruct sexual abstinence may not be excessively graphic or explicit and may not include any explicit description of sexual activity that encourages sexually erotic, lewd, or obscene behavior. Instruction may not encourage, promote, or provide instruction in the use of contraceptive drugs, devices, or methods.
     Section  6.  That chapter 13-33 be amended by adding thereto a NEW SECTION to read as follows:

     The governing body of any school district or system offering instruction in sex education, human sexuality, or sexual abstinence shall establish an advisory board specifically for the evaluation and selection of curriculum and all related materials and methods of instruction. The advisory board shall:

             (1)    Participate in the evaluation and selection of curriculum, materials, and methods of instruction used, and make recommendations to the governing body of the school district or system for implementation. The advisory board shall take into consideration school needs, demographics, and trends, including rates of teenage sexual activity, teenage pregnancy rates, sexually transmitted disease and infection rates, and incidents of student sexual violence and harassment; and

             (2)    Participate in the evaluation and selection of all guest speakers and guest presenters and their respective materials relating to sex education, human sexuality, or sexual abstinence prior to their presentations.
     Section  7.  That chapter 13-33 be amended by adding thereto a NEW SECTION to read as follows:

     The governing body of the school district or system shall determine terms of service for the advisory board, the number of members to serve on the advisory board, and a membership selection process that reasonably reflects the school population. The board shall appoint two co- chairs for the advisory board, at least one of whom is a parent of a child attending a school operated by the school district or system and is not employed by any school district or system. At least one-half of the members of the advisory board shall be parents who have children attending a school operated by the school district or system. A majority of these parent members shall be persons who are not employed by any school district or system.
     Section  8.  That chapter 13-33 be amended by adding thereto a NEW SECTION to read as follows:

     Before final adoption of any curriculum, materials, methods, or any revisions thereto, related to sex education, human sexuality, or sexual abstinence used in instruction in accordance with this Act, the governing body of the school district or system shall allow any parent, legal guardian, or citizen, who is interested in viewing the materials, ready access to such materials, and hold one or more open public hearings on the proposed curriculum, methods, materials, or revisions.
     Section  9.  That chapter 13-33 be amended by adding thereto a NEW SECTION to read as follows:

     No student may be enrolled in a course or participate in a unit, class, series of classes, activity, or presentation, in which the subjects of human sexuality, sex education, or sexual abstinence are discussed, unless the student's parent or legal guardian is notified in advance in writing. Notification shall include information regarding the content of the course, unit, class, series of classes, activity, or presentation; the opportunity to review the materials and methods to be used in the course; and the right of the parent or legal guardian to exempt the student from being present for any instruction.

     Upon the written request of a student's parent or legal guardian, the student shall be excused, without academic penalty or other sanction from attending a course, unit, class, series of classes, activity, or presentation pertaining to human sexuality, sex education, or sexual abstinence. Any student who is excused from a course, unit, class, series of classes, activity, or presentation shall be provided flexible instructional alternatives with agreement from both parent or legal guardian and school officials.