Section 403 – Required parental consent for sex education instruction.

• (1) As used in this section:
  • (a)
    • (i) “Sex education instruction” means any course material, unit, class, lesson, activity, or presentation that, as the focus of the discussion, provides instruction or information to a student about:
      • (A) sexual abstinence;
      • (B) human sexuality;
      • (C) human reproduction;
      • (D) reproductive anatomy;
      • (E) physiology;
      • (F) pregnancy;
      • (G) marriage;
      • (H) childbirth;
      • (I) parenthood;
      • (J) contraception;
      • (K) HIV/AIDS;
      • (L) sexually transmitted diseases; or
      • (M) refusal skills, as defined in Section 53G-10-402.
    • (ii) “Sex education instruction” does not include child sexual abuse prevention instruction described in Section 53G-9-207.
  • (b) “School” means the same as that term is defined in Section 53G-10-205.

• (2) A school shall obtain prior written consent from a student’s parent before the school may provide sex education instruction to the student.

• (3) If a student’s parent chooses not to have the student participate in sex education instruction, a school shall:
  • (a) waive the requirement for the student to participate in the sex education instruction; or
  • (b) provide the student with a reasonable alternative to the sex education instruction requirement.

• (4) In cooperation with the student’s teacher or school, a parent shall take responsibility for the parent’s student’s sex education instruction if a school:
  • (a) waives the student’s sex education instruction requirement in Subsection (3)(a); or
  • (b) provides the student with a reasonable alternative to the sex education instruction requirement described in Subsection (3)(b).

• (5) A student’s academic or citizenship performance may not be penalized if the student’s parent chooses not to have the student participate in sex education instruction as described in Subsection (3).

Amended by Chapter 293, 2019 General Session