8 LONG TITLE
9 General Description:
10 This bill amends provisions related to human sexuality instruction in public schools.
11 Highlighted Provisions:
12 This bill:
13 ▸ requires a school to obtain prior written consent from a student's parent before the
14 school can provide human sexuality instruction to a student;
15 ▸ at a parent's choosing, requires a school to:
16 • waive a student's human sexuality instruction requirements; or
17 • provide a student with a reasonable alternative to the human sexuality
18 instruction requirement; and
19 ▸ provides that a student's academic or citizenship performance may not be penalized
20 if a parent chooses not to have a student participate in human sexuality instruction.
21 Money Appropriated in this Bill:
23 Other Special Clauses:
25 Utah Code Sections Affected:
27 53A-13-101.2, as last amended by Laws of Utah 2007, Chapter 114
29 Be it enacted by the Legislature of the state of Utah:
30 Section 1. Section 53A-13-101.2 is amended to read:
31 53A-13-101.2. Waivers of participation -- Required parental consent for human
32 sexuality instruction.
33 (1) As used in this section:
34 (a) (i) "Human sexuality instruction" means any course material, unit, class, lesson,
35 activity, or presentation that, as the focus of the discussion, provides instruction or information
36 to a student about:
37 (A) sexual abstinence;
38 (B) human sexuality;
39 (C) human reproduction;
40 (D) reproductive anatomy;
41 (E) physiology;
42 (F) pregnancy;
43 (G) marriage;
44 (H) childbirth;
45 (I) parenthood;
46 (J) contraception;
47 (K) HIV/AIDS; or
48 (L) sexually transmitted diseases.
49 (ii) "Human sexuality instruction" does not include child sexual abuse prevention
50 instruction described in Section 53A-13-112.
51 (b) "Parent" means a parent or legal guardian.
52 (c) "School" means a public school.
54 secondary student, determines that the student's participation in a portion of the curriculum or
55 in an activity would require the student to affirm or deny a religious belief or right of
56 conscience, or engage or refrain from engaging in a practice forbidden or required in the
57 exercise of a religious right or right of conscience, the parent[
58 student may request:
59 (a) a waiver of the requirement to participate; or
60 (b) a reasonable alternative that requires reasonably equivalent performance by the
61 student of the secular objectives of the curriculum or activity in question.
63 secondary student makes a request under Subsection [
65 (a) waive the participation requirement;
66 (b) provide a reasonable alternative to the requirement; or
67 (c) notify the requesting party that participation is required.
69 met in connection with any required participation under Subsection [
70 (6) A school shall obtain prior written consent from a student's parent before the school
71 may provide human sexuality instruction to the student.
72 (7) If a student's parent chooses not to have the student participate in human sexuality
73 instruction, a school shall:
74 (a) waive the requirement for the student to participate in the human sexuality
75 instruction; or
76 (b) provide the student with a reasonable alternative to the human sexuality instruction
78 (8) In cooperation with the student's teacher or school, a parent shall take responsibility
79 for the parent's student's human sexuality instruction if a school:
80 (a) waives the student's human sexuality instruction requirement in Subsection (7)(a);
82 (b) provides the student with a reasonable alternative to the human sexuality
83 instruction requirement described in Subsection (7)(b).
86 (a) the secondary student or the student's parent chooses to exercise [
87 right or right of conscience in accordance with the provisions of this section[
88 (b) the student's parent chooses not to have the student participate in human sexuality
89 instruction as described in Subsection (7).