2.__Human sexuality course.__Course materials and instruction on human sexuality, sexually transmitted diseases or immunodeficiency virus or acquired immune deficiency syndrome must be selected by the school board with the advice of the local health education advisory council established in subsection 3.__ The school board shall consider any recommendations from the local health education advisory council before making a change in the course materials or instruction.__The course materials and instruction may:

A.__Present abstinence from sexual activity as the preferred choice of behavior for sexual activity for an unmarried person of school age;

B.__Devote more attention to abstinence from sexual activity than to any other sexual behavior;

C.__Emphasize that abstinence from sexual activity, if consistently and correctly practiced, is the only method that is 100% effective in preventing pregnancy, sexually transmitted diseases, infection from the human immunodeficiency virus or acquired immune deficiency syndrome and the emotional trauma associated with adolescent sexual activity;

D.__Direct adolescents to a standard of behavior in which abstinence from sexual activity before marriage is the most effective way to prevent pregnancy, sexually transmitted disease and infection from the human immunodeficiency virus or acquired immune deficiency syndrome; and

E.__Teach contraception and condom use in terms of actual effectiveness from field studies instead of theoretical laboratory effectiveness if instruction on contraception and condoms is included in curriculum content.

A school administrative unit may not distribute condoms in conjunction with a course on human sexuality.

A school administrative unit that provides human sexuality instruction may separate students by sex for the instruction.

A school administrative unit shall notify a parent of a student enrolled in a human sexuality course of the basic content of the human sexuality course provided to the student and the parent's right to remove the student from any part of this instruction.

A school administrative unit shall keep curriculum materials used in human sexuality instruction accessible for public inspection.

3.__Local health education advisory councils.__A school administrative unit shall establish a local health education advisory council to help ensure that local community values and health issues are reflected in the unit's human sexuality instruction.

A.__A majority of the membership of a local health education advisory council must include parents of students enrolled in a school in the school administrative unit.__Membership also must include members who represent diverse views in the community about human sexuality instruction.__Membership may include teachers, school administrators, students, health care professionals, members of the business community, law enforcement officials, senior citizens, clergy and other interested members of the public.

B.__The local health education advisory council duties include:

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

(2)__Recommending the methods and content of instruction for human sexuality education; and

(3)__Recommending the number of hours of instruction dedicated to human sexuality education.

Sec. 3. 22 MRSA c. 274 is enacted to read:

CHAPTER 274

ABSTINENCE

§1699-A.__Maine Abstinence Oversight Council

1.__Maine Abstinence Oversight Council.__The Maine Abstinence Oversight Council, referred to in this chapter as the "council," is established by Title 5, section 12004-I, subsection 30-A.

2.__Membership; appointments.__Membership consists of 9 members of the public who have a business, social service or faith-based background and are appointed as follows:

A.__Three interested members of the public appointed by the Governor;

B.__Three interested members of the public appointed by the President of the Senate; and

C.__Three interested members of the public appointed by the Speaker of the House of Representatives.

3.__Term.__Members on the council serve 3-year terms.

4.__Chair.__The council annually shall select a chair from among its members.

5.__Duties.__The council shall oversee the Maine Abstinence Program established in section 1699-B.

6.__Compensation.__Members of the council serve without compensation but are entitled to reimbursement of necessary expenses for their attendance at authorized meetings of the council.

7.__Administration.__The department shall provide administrative support and staffing services to the council.

§1699-B.__Maine Abstinence Program; fund

1.__Maine Abstinence Program established.__The Maine Abstinence Program, referred to in this section as the "program," is established.__The purpose of the program is to reduce the number of children in the State born to unwed mothers.

2.__Public education.__The program shall develop initiatives and media campaigns in conjunction with interested public and private organizations to educate the public, particularly teenagers, about the problems associated with childbirth and raising children in single-parent households and the role of abstinence in preventing pregnancy.

3.__Maine Abstinence Fund established. The Maine Abstinence Fund, referred to in this section as the "fund," is established.__ The council shall administer the fund pursuant to rules adopted by the department.__The fund consists of all money appropriated or allocated for inclusion in the fund, from whatever source, and any funds received as contributions from private and public sources.__ Eligible investment earnings credited to the assets of the fund become part of the assets of the fund.__Any balance remaining in the fund at the end of the year does not lapse but must be carried forward.__The proceeds of the fund may be applied

and expended for the purposes of this section pursuant to rules adopted by the department.

4.__Rules.__The department shall adopt rules to establish policies and guidelines for the administration of the fund.__ Rules adopted under this section are routine technical rules as defined in to Title 5, chapter 375, subchapter II-A.

SUMMARY

This bill suggests curriculum and materials emphasizing abstinence for sex education and human sexuality instruction given by school administrative units. The bill also creates the Maine Abstinence Oversight Council, Maine Abstinence Program and Maine Abstinence Fund to reduce through public education the number of children in the State born to unwed mothers.