South Carolina General Assembly
123rd Session, 2019-2020

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Bill 3257

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Indicates New Matter


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

Indicates Matter Stricken

Indicates New Matter

COMMITTEE REPORT

January 15, 2020

H. 3257

Introduced by Reps. Moore, S. Williams, Clyburn, McDaniel, Matthews, Pendarvis, Henderson-Myers, Govan, King, Ridgeway, Hosey, Wheeler, Wooten, Clary, Elliott and W. Cox

S. Printed 1/15/20--H.

Read the first time January 8, 2019.

            

THE COMMITTEE ON EDUCATION AND PUBLIC WORKS

To whom was referred a Bill (H. 3257) to amend Section 59-32-20, as amended, relating to instructional units required under the Comprehensive Health Education Act, so as to require the State Board of Education, etc., respectfully

REPORT:

That they have duly and carefully considered the same and recommend that the same do pass with amendment:

Amend the bill, as and if amended, Section 59-32-20(D), as contained in SECTION 1, page 2, by deleting the subsection in its entirety and inserting:

/    (D)    At the next cyclical review of the health standards, the board shall continue to revise existing age appropriate standards and concepts that address mental, emotional, and social health. Before September 1, 2020, in addition to the current standards, the board shall continue to make standards aligned instructional materials available to districts. Districts shall continue to adopt or develop curriculum locally."    /

Renumber sections to conform.

Amend title to conform.

MERITA A. ALLISON for Committee.

            

STATEMENT OF ESTIMATED FISCAL IMPACT

Explanation of Fiscal Impact

Updated for Additional Agency Response

Introduced on January 8, 2019

State Expenditure

This bill requires SDE to select or develop instructional units in mental health and wellness, with separate units appropriate for seventh grade students and ninth grade students, before September 1, 2020. Additionally, beginning with the 2020-21 school year, each seventh grade student must be offered one unit of instruction in mental health and wellness. Further, each ninth grade student must successfully complete a one-unit course of study in mental health and wellness.

SDE indicates that this bill will increase general fund expenses by a range of $16,000 to $20,000 in FY 2019-20 to employ a team of experts to develop mental health and wellness instructional units for seventh and ninth grades. The expense per instructional unit ranges from $8,000 to $10,000. This section of the impact statement has been updated to include a response

Local Expenditure

Beginning with the 2020-21 school year, each seventh grade student must be offered one unit of instruction in mental health and wellness. Further, each ninth grade student must successfully complete a one-unit course of study in mental health and wellness.

SDE indicates that the local expenditure impact to school districts beginning in FY 2020-21 is undetermined since some districts will be able to incorporate a mental health and wellness unit into their existing curriculum, while other districts will incur expenses to hire additional FTEs and to train existing staff to provide the necessary instruction. These expenses vary across districts. This section of the impact statement has been updated to include a response from SDE.

Introduced on January 8, 2019

State Expenditure

This bill requires SDE to select or develop instructional units in mental health and wellness, with separate units appropriate for seventh grade students and ninth grade students, before September 1, 2020. Additionally, beginning with the 2020-21 school year, each seventh grade student must be offered one unit of instruction in mental health and wellness. Further, each ninth grade student must successfully complete a one-unit course of study in mental health and wellness.

The expenditure impact of this bill on SDE is pending, contingent upon a response from the agency.

Local Expenditure

Beginning with the 2020-21 school year, each seventh grade student must be offered one unit of instruction in mental health and wellness. Further, each ninth grade student must successfully complete a one-unit course of study in mental health and wellness.

The local expenditure impact of this bill on school districts is pending, contingent upon a response from SDE.

Frank A. Rainwater, Executive Director

Revenue and Fiscal Affairs Office

A BILL

TO AMEND SECTION 59-32-20, AS AMENDED, RELATING TO INSTRUCTIONAL UNITS REQUIRED UNDER THE COMPREHENSIVE HEALTH EDUCATION ACT, SO AS TO REQUIRE THE STATE BOARD OF EDUCATION TO DEVELOP CERTAIN UNITS CONCERNING MENTAL HEALTH AND WELLNESS; AND TO AMEND SECTION 59-32-30, RELATING TO COURSEWORK REQUIREMENTS OF THE COMPREHENSIVE HEALTH EDUCATION ACT, SO AS TO REQUIRE MIDDLE SCHOOLS OFFER ONE ELECTIVE UNIT OF STUDY IN MENTAL HEALTH AND WELLNESS TO SEVENTH GRADE STUDENTS AND TO PROVIDE NINTH GRADE STUDENTS SHALL SUCCESSFULLY COMPLETE ONE UNIT OF STUDY IN MENTAL HEALTH AND WELLNESS.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1.    Section 59-32-20 of the 1976 Code, as last amended by Act 185 of 2018, is further amended to read:

"Section 59-32-20.    (A)    Before August 1, 1988, the board, through the department, shall select or develop an instructional unit with separate components addressing the subjects of reproductive health education, family life education, pregnancy prevention education, and sexually transmitted diseases and make the instructional unit available to local school districts. The board, through the department, also shall make available information about other programs developed by other states upon request of a local school district.

(B)    In addition to the provisions of subsection (A), before September 1, 2015, the board, through the department, shall select or develop instructional units in sexual abuse and assault awareness and prevention, with separate units appropriate for each age level from four-year-old kindergarten through twelfth grade.

(C)    Before August 1, 2018, and through the cyclical review process, if deemed necessary, the board shall include instruction on prescription opioid abuse prevention, with an emphasis on the prescription drug epidemic and the connection between opioid abuse and addiction to other drugs, such as heroin, in the health standards. In addition, the board shall make available to districts a list of instructional materials that meet state standards. Districts shall continue to adopt or develop curriculum locally.

(D)    In addition to the provisions of subsection (A), before September 1, 2020, the board, through the department, shall select or develop instructional units in mental health and wellness, with separate units appropriate for seventh grade students and ninth grade students."

SECTION    2.    Section 59-32-30(A) of the 1976 Code is amended to read:

"(A)    Pursuant to guidelines developed by the board, each local school board shall implement the following program of instruction:

(1)    Beginning with the 1988-89 School Year, for grades kindergarten through five, instruction in comprehensive health education must include the following subjects: community health, consumer health, environmental health, growth and development, nutritional health, personal health, prevention and control of diseases and disorders, safety and accident prevention, substance use and abuse, dental health, and mental and emotional health. Sexually transmitted diseases as defined in the annual Department of Health and Environmental Control List of Reportable Diseases are to be excluded from instruction on the prevention and control of diseases and disorders. At the discretion of the local board, age-appropriate instruction in reproductive health may be included.

(2)    Beginning with the 1988-1989 School Year, for grades six through eight, instruction in comprehensive health must include the following subjects: community health, consumer health, environmental health, growth and development, nutritional health, personal health, prevention and control of diseases and disorders, safety and accident prevention, substance use and abuse, dental health, mental and emotional health, and reproductive health education. Sexually transmitted diseases are to be included as a part of instruction. At the discretion of the local board, instruction in family life education or pregnancy prevention education or both may be included, but instruction in these subjects may not include an explanation of the methods of contraception before the sixth grade. Beginning with the 2016-2017 school year, for grades six through eight, instruction in comprehensive health education also must include the subject of domestic violence.

(3)    Beginning with the 1989-90 1989-1990 School Year, at least one time during the four years of grades nine through twelve, each student shall receive instruction in comprehensive health education, including at least seven hundred fifty minutes of reproductive health education and pregnancy prevention education.

(4)    Beginning with the 2020-2021 School Year, each:

(a)    seventh grade student must be offered one unit of instruction in mental health and wellness based on the instructional unit selected or adopted by the board in Section 59-32-20(D); and

(b)    ninth grade student shall receive and successfully complete a one unit course of study in mental health and wellness based on the instructional unit selected or adopted by the board in Section 59-32-20(D).

(5)    The South Carolina Educational Television Commission shall work with the department in developing instructional programs and materials that may be available to the school districts. Films and other materials may be designed for the purpose of explaining bodily functions or the human reproductive process. These materials may not contain actual or simulated portrayals of sexual activities or sexual intercourse.

(56)    The program of instruction provided for in this section may not include a discussion of alternate sexual lifestyles from heterosexual relationships including, but not limited to, homosexual relationships except in the context of instruction concerning sexually transmitted diseases.

(67)    In grades nine through twelve, students must also be given appropriate instruction that adoption is a positive alternative.

(78)    At least one time during the entire four years of grades nine through twelve, each student shall receive instruction in cardiopulmonary resuscitation (CPR), which must include, but not be limited to, hands-only CPR and must include awareness in the use of an automated external defibrillator (AED). Each school district shall use a program that incorporates the instruction of the psychomotor skills necessary to perform CPR developed by the American Heart Association, the American Red Cross, or an instructional program that is nationally recognized and based on the most current national evidence-based emergency cardiovascular care guidelines for CPR and awareness in the use of an AED. Local and statewide school districts shall coordinate with entities that have the experience and necessary equipment for the instruction of CPR and awareness in the use of AEDs; provided, however, that virtual schools may administer the instruction virtually and are exempt from any in-person instructional requirements. A school district must adopt a policy providing a waiver for this requirement for a student absent on the day the instruction occurred, a student with a disability whose individualized education program indicates such student is unable to complete all or a portion of the hands-only CPR requirement, or a student whose parent or guardian completes, in writing, a form approved by the school district opting out of hands-only CPR instruction and AED awareness. The State Board of Education shall incorporate CPR training and AED awareness into the South Carolina Health and Safety Education Curriculum Standards and promulgate regulations to implement this section."

SECTION    3.    This act takes effect upon approval by the Governor.

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This web page was last updated on January 15, 2020 at 7:33 PM