As used in this article 44, unless the context otherwise requires:
(1) Age-appropriate means topics, messages, and teaching methods suitable to a particular age or age group, based on developing cognitive, emotional, and behavioral capacity typical for the age or age group.
(2) Repealed.
(3) Comprehensive human sexuality education means medically accurate information about all methods to prevent unintended pregnancy and sexually transmitted infections, including HIV, the link between human papillomavirus and cancer, and other types of cancer involving the human reproductive systems, including prostate, testicular, ovarian, and uterine cancer. Methods must include information about the correct and consistent use of abstinence, contraception, condoms, other barrier methods, and other prevention measures. Additional contents of comprehensive human sexuality education must include:
(a) Encouraging family communication about sexuality;
(b) Teaching young people to avoid making unwanted verbal, physical, and sexual advances;
(c) Discussions and information on how to recognize and respond safely and effectively in situations where sexual or physical violence may be occurring or where there may be a risk for these behaviors to occur;
(d) Focusing on the development of safe relationships, including the prevention of sexual violence in dating; and
(e) Teaching young people how alcohol and drug use can affect responsible decision-making.
(4) Culturally sensitive means the integration of knowledge about individuals and groups of people into specific standards, requirements, policies, practices, and attitudes used to increase the quality of services. Culturally sensitive includes resources, references, and information that are meaningful to the experiences and needs of communities of color; immigrant communities; lesbian, gay, bisexual, and transgender communities; people with physical or intellectual disabilities; people who have experienced sexual victimization; and others whose experiences have traditionally been left out of sexual health education, programs, and policies.
(5) Department means the department of public health and environment, created and existing pursuant to section 25-1-101.5.
(6) Evidence-based program means a program that:
(a) Was evaluated using a rigorous research design, including:
(I) Measuring knowledge, attitude, and behavior;
(II) Having an adequate sample size;
(III) Using sound research methods and processes;
(IV) Replicating in different locations and finding similar evaluation results; and
(V) Publishing results in a peer-reviewed journal;
(b) Research has shown to be effective in changing at least one of the following behaviors that contribute to early pregnancy, sexually transmitted infections and disease, and HIV infection:
(I) Delaying sexual initiation;
(II) Reducing the frequency of sexual intercourse;
(III) Reducing the number of sexual partners; or
(IV) Increasing the use of condoms and other contraceptives.
(6.5) Medically accurate has the same meaning as defined in section 22-1-128.
(7) Oversight entity means the interagency youth sexual health team created in section 25-44-103.
(8) Positive youth development means an approach that emphasizes the many positive attributes of young people and focuses on developing inherent strengths and assets to promote health. Positive youth development is culturally sensitive, age-appropriate, inclusive of all youth, collaborative, and strength-based.
(9) Program means the comprehensive human sexuality education grant program created in section 25-44-102.
(10) Public school means a school of a school district, a district charter school, an institute charter school, a facility school, or a board of cooperative services, as defined in section 22-5-103.
(11) State board means the state board of health created pursuant to section 25-1-103.
Source: L. 2013: Entire article added, (HB 13-1081), ch. 303, p. 1606, � 3, effective May 28. L. 2016: IP(3) amended, (SB 16-146), ch. 230, p. 922, � 24, effective July 1. L. 2019: (2) repealed and (6.5) added, (HB 19-1032), ch. 408, p. 3599, � 3, effective May 31.
Cross references: For the legislative declaration in HB 19-1032, see section 1 of chapter 408, Session Laws of Colorado 2019.
25-44-102. Comprehensive human sexuality education grant program - creation - notification to schools - report - rules. (1) There is created in the department the comprehensive human sexuality education grant program. The purpose of the program is to provide money to public schools and school districts for use in the creation and implementation of comprehensive human sexuality education pursuant to section 22-1-128.
(2) Upon receipt of federal money or other appropriations, the department, in conjunction with the oversight entity, shall notify the school districts, the state charter school institute, and boards of cooperative services throughout the state of grants available through the program.
(3) Based on the recommendations of the oversight entity, the department shall award grants to public schools and school districts for periods of one to three years.
(4) Money distributed to public schools and school districts through the program must only be used for the provision of human sexuality instruction that complies with the content requirements for comprehensive human sexuality education set forth in section 22-1-128 and developed pursuant to section 22-25-104 (3).
(5) On or before December 1, 2019, or not more than ninety days after the department receives sufficient money to implement the program, whichever is later, the state board shall promulgate rules, if necessary, for the administration of this article 44, using the recommendations developed by the oversight entity pursuant to section 25-44-103 (2)(b).
(6) (a) On or before January 30, 2021, and every year thereafter in which grants have been awarded pursuant to this article 44, the department shall submit a report concerning the outcomes of the program to the state board of education, the department of education, and the education committees of the senate and house of representatives, the health and human services committee of the senate, and the public health care and human services committee of the house of representatives, or any successor committees. The report must include, at a minimum:
(I) The number of public schools and school districts that received a grant under the program;
(II) The number of students reached and the instruction utilized;
(III) The amount of each grant awarded;
(IV) The average amount of all grants awarded; and
(V) An analysis by the department of the impact of funding.
(b) Notwithstanding the provisions of section 24-1-136 (11)(a)(I), the report required in this subsection (6) continues indefinitely.
(7) Notwithstanding any other provision of this article 44, the department is not required to implement the provisions of this article 44 until sufficient money has been received or appropriated.
(8) (Deleted by amendment, L. 2019.)
Source: L. 2013: Entire article added, (HB 13-1081), ch. 303, p. 1608, � 3, effective May 28. L. 2017: (6) amended, (SB 17-056), ch. 33, p. 96, � 13, effective March 16. L. 2019: Entire section amended, (HB 19-1032), ch. 408, p. 3599, � 4, effective May 31.
Cross references: For the legislative declaration in HB 19-1032, see section 1 of chapter 408, Session Laws of Colorado 2019.
25-44-103. Comprehensive human sexuality education grant program - oversight entity - duties - application process. (1) On or before July 1, 2019, the department shall convene the interagency youth sexual health team, referred to in this article 44 as the oversight entity. Membership of the oversight entity must include:
(a) The executive director of the department of public health and environment, or the executive director's designee;
(b) The executive director of the department of health care policy and financing, or the executive director's designee;
(c) The commissioner of education, or the commissioner's designee;
(d) The executive director of the department of human services, or the executive director's designee;
(e) A parent representative;
(f) A youth representative;
(g) A representative of kindergarten through twelfth-grade educators;
(h) A representative of school-based health centers or a school nurse;
(i) A representative of a statewide coalition for survivors of sexual assault;
(j) A representative of an organization serving the needs of youth of color;
(k) A representative of an organization serving the needs of immigrants;
(l) A representative of an organization serving the needs of lesbian, gay, bisexual, and transgender youth;
(m) A representative from an interfaith organization; and
(n) A representative of an organization serving the needs of intersex individuals.
(1.5) The members specified in subsections (1)(e) to (1)(n) of this section shall be appointed by the department. The membership of the oversight entity shall at all times represent diverse community perspective and make an effort to include committee members who are diverse with regards to disability, race, creed, color, gender, gender expression, immigration status, sexual orientation, national origin, ancestry, marital status, religion, age, English proficiency, income, and geographic region of the state, including both urban and rural areas.
(1.7) The parent representative and youth representative described in subsections (1)(e) and (1)(f) of this section are entitled to receive reimbursement for necessary expenses incurred in the performance of the member's duties, including dependent or attendant care.
(2) The oversight entity has the following duties:
(a) During the 2019-20 academic year and every academic year thereafter, to assess opportunities for available federal and state money for the program; except that the oversight entity shall not recommend applying for any federal or state money that promotes sexual abstinence as the sole acceptable preventive method for youth or money requiring adherence to the guidelines of section 510 of Title V of the federal Social Security Act, 42 U.S.C. sec. 710, as amended, which are inconsistent with the provisions of section 22-1-128. The oversight entity shall provide information to the appropriate state departments concerning available federal and state money related to comprehensive human sexuality education for which a given department is eligible to apply.
(b) To develop policies and procedures for the implementation of the program and recommend such policies and procedures to the state board for adoption by rule pursuant to section 25-44-102. The policies and procedures must include but are not limited to:
(I) A process by which public schools and school districts are notified of available program money for comprehensive human sexuality education;
(II) The procedures by which public schools and school districts may apply for grants pursuant to this article 44. Each grant application must, at a minimum, describe:
(A) How the applicant public school or school district must use any awarded grant money to provide comprehensive human sexuality education to its student population;
(B) How the proposed comprehensive human sexuality education program complies with the content requirements of section 22-1-128 and article 25 of title 22 and is medically accurate, culturally sensitive, and represents positive youth development principles;
(C) How many students the public school or school district expects to reach through the comprehensive human sexuality education program;
(D) The length of time for which the applicant is requesting grant money; and
(E) Demonstrated evidence of the need for money needed for an applicant school district or public school to implement comprehensive human sexuality education pursuant to section 22-1-128;
(III) Criteria for the oversight entity to apply in selecting public schools and school districts that may receive grants and how to determine the amount of grant money to be awarded to each grant recipient. The criteria must include a requirement that the proposed comprehensive human sexuality education program complies with sections 22-1-128 and 22-25-104 and is medically accurate, culturally sensitive, and represents positive youth development principles. The criteria must also include a requirement that rural public schools or public schools that do not currently offer comprehensive human sexuality education receive priority when selecting grant recipients.
(c) In conjunction with the department, to solicit grant applications from public schools and school districts; and
(d) To review grant applications and, based on the criteria developed pursuant to subsection (2)(b) of this section, make recommendations to the department concerning which public schools or school districts should receive grants and in what amount.
Source: L. 2013: Entire article added, (HB 13-1081), ch. 303, p. 1609, � 3, effective May 28. L. 2019: Entire section amended, (HB 19-1032), ch. 408, p. 3601, � 5, effective May 31.
Cross references: For the legislative declaration in HB 19-1032, see section 1 of chapter 408, Session Laws of Colorado 2019.