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1995 SESSION

LD5824729
SENATE BILL NO. 1074
Senate Amendments in [ ] -- January 31, 1995
A BILL to amend the Code of Virginia by adding a section numbered 22.1-207.01, and to repeal § 22.1-207.1 of the Code of Virginia, relating to implementation of guidance counseling and family life education programs.
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Patrons--Saslaw, Woods, Andrews, Barry, Calhoun, Gartlan, Holland, C.A., Holland, E.M., Houck, Howell, Lambert, Lucas, Marsh, Reasor, Schewel, Waddell and Walker; Delegates: Almand, Bloxom, Connally, Darner, Diamonstein, Dillard, Keating, Mayer, Plum, Puller, Rhodes, Robinson, Van Landingham and Van Yahres
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Referred to the Committee on Education and Health
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Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding a section numbered 22.1-207.01 as follows:

§ 22.1-207.01. Implementation of guidance counseling and family life education programs; local school board determination of programs' contents; procedures for parental decisions on participation.

A. Every local school board shall implement guidance counseling [ and family life education ] programs for grades K through 12 [ and may implement family life education programs for grades K through 12 ] , hereinafter referred to as "the programs." In compliance with their vested constitutional authority to supervise the schools, school boards shall have the sole authority to determine the specific contents, methods, materials, and curricula to be used for the programs within their schools.

B. School boards shall comply with the family life education program review requirements set forth in § 22.1-207.2. Further, the parent of every child enrolled in the school division's schools shall also be notified in writing that a description of the guidance counseling programs [ and strategies ] is available in the school library for review during school office hours before and during the school year.

C. Simultaneously with any other materials customarily distributed to all parents, every school board shall inform the parents of the procedures for excusing children from components of the programs as follows:

1. All parents shall be informed that, if they object to all or any part of the family life education program, they may return, within a reasonable time designated by the school board, an enclosed form or a written note, requiring that their child be excused from all or part of the family life education program and that the child be given other [ academic ] instruction.

2. All parents shall be informed that participation in academic guidance counseling programs and career education guidance counseling is required of all students.

3. All parents shall be informed that, if they object to all or any part of group guidance counseling instruction that is not academic or career education guidance counseling, they may return, within a reasonable time designated by the school board, an enclosed form or a written note, requiring that their child be excused from all or part of the group guidance counseling program and that the child be given other [ academic ] instruction.

4. All parents shall be informed that, except for an initial contact on an issue, their permission will be required for participation in individual or small-group structured counseling of a personal nature.

D. Upon written parental request, opt-out shall be granted for any part or all of the programs described in subdivisions C1, C3, and C4 above. Other grade-level-appropriate [ academic ] instruction shall be provided to opted-out students. Parents may reverse opt-out decisions by providing written notification of the decision to the principal.

E. For the purposes of this section, "parent" means the biological parent or adoptive parent, guardian or other person having control or charge of a child.

2. That § 22.1-207.1 of the Code of Virginia is repealed.