SECTION 210:15-17-2. AIDS prevention program


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  • (a)   Acquired immune deficiency syndrome (AIDS) prevention education shall be taught in the public schools of this state. AIDS prevention education shall be limited to the discussion of the disease AIDS and its spread and prevention. Students shall receive such education:
    (1)   at the option of the local school district, a minimum of once during the period from grade five through grade six;
    (2)   a minimum of once during the period from grade seven through grade nine; and
    (3)   a minimum of once during the period from grade ten through grade twelve.
    (b)   A school district may develop its own AIDS prevention education curriculum and materials or use those developed by the State Department of Education. Any curriculum and materials developed for use in the public schools shall be approved for medical accuracy by the State Department of Health and must be limited to factual medical information for AIDS prevention.
    (c)   AIDS prevention education shall specifically teach students that:
    (1)   engaging in homosexual activity, promiscuous sexual activity, intravenous drug use or contact with contaminated blood products is now known to be primarily responsible for contact with the AIDS virus;
    (2)   avoiding the activities specified above is the only method of preventing the spread of the virus;
    (3)   sexual intercourse, with or without condoms, with any person testing positive for human immunodeficiency virus (HIV) antibodies, or any other person infected with HIV, places that individual in a high risk category for developing AIDS.
    (4)   abstinence from sexual activity is the only certain means for the prevention of the spread or contraction of the AIDS virus through sexual contact; and
    (5)   that artificial means of birth control are not a certain means of preventing the spread of the AIDS virus and reliance on such methods puts a person at risk for exposure to the disease.
    (d)   School districts shall make the curriculum and materials available for inspection by the parents and guardians of the students that will be involved with the curriculum and materials. The school districts, at least one month prior to teaching AIDS prevention education in any classroom, shall conduct for the parents and guardians of the students involved, during weekend and evening hours, at least one presentation concerning the curriculum and materials that will be used for such education. No student shall be required to participate in AIDS prevention education if a parent or guardian of the student objects in writing to such participation.