7 LONG TITLE
8 General Description:
9 This bill amends provisions regarding instruction in health.
10 Highlighted Provisions:
11 This bill:
12 ▸ provides that health education instruction may include information about the
13 medical characteristics, effectiveness, limitations, and risks of contraceptive
14 methods or devices;
15 ▸ reorganizes provisions related to instruction in health;
16 ▸ requires the State Board of Education to make administrative rules; and
17 ▸ makes technical and conforming changes.
18 Money Appropriated in this Bill:
20 Other Special Clauses:
22 Utah Code Sections Affected:
24 53G-10-402, as last amended by Laws of Utah 2018, Chapter 224 and renumbered and
25 amended by Laws of Utah 2018, Chapter 3
27 Be it enacted by the Legislature of the state of Utah:
28 Section 1. Section 53G-10-402 is amended to read:
29 53G-10-402. Instruction in health -- Parental consent requirements -- Conduct
30 and speech of school employees and volunteers -- Political and religious doctrine
32 (1) As used in this section:
33 (a) "Board" means the State Board of Education.
37 (b) "LEA governing board" means a local school board or charter school governing
39 (c) "Parent" means a parent or legal guardian.
40 (d) "Refusal skills" means instruction:
41 (i) in a student's ability to clearly and expressly refuse sexual advances by a minor or
43 (ii) in a student's obligation to stop the student's sexual advances if refused by another
45 (iii) informing a student of the student's right to report and seek counseling for
46 unwanted sexual advances;
47 (iv) in sexual harassment; and
48 (v) informing a student that a student may not consent to criminally prohibited
49 activities or activities for which the student is legally prohibited from giving consent, including
50 the electronic transmission of sexually explicit images by an individual of the individual or
52 (2) (a) The board shall establish curriculum requirements under Section 53E-3-501 that
53 include instruction in:
54 (i) community and personal health;
55 (ii) physiology;
56 (iii) personal hygiene;
57 (iv) prevention of communicable disease;
58 (v) refusal skills; and
59 (vi) the harmful effects of pornography.
61 (b) The state board shall make rules that, and instruction shall:
63 and fidelity after marriage as methods for preventing certain communicable diseases; [
66 (iii) prohibit instruction in:
67 (A) the intricacies of intercourse, sexual stimulation, or erotic behavior;
68 (B) the advocacy of premarital or extramarital sexual activity; or
69 (C) the advocacy or encouragement of the use of contraceptive methods or devices; and
70 (iv) except as provided in Subsection (2)(d), allow instruction to include information
71 about contraceptive methods or devices that stresses effectiveness, limitations, risks, and
72 information on state law applicable to minors obtaining contraceptive methods or devices.
73 (c) The state board shall make rules for an LEA governing board that adopts
74 instructional materials under Subsection (2)(g)(ii) that:
75 (i) require the LEA governing board to report on the materials selected and the LEA
76 governing board's compliance with Subsection (2)(h); and
77 (ii) provide for an appeal and review process of the LEA governing board's adoption of
78 instructional materials.
79 (d) The state board may not require an LEA to teach or adopt instructional materials
80 that include information on contraceptive methods or devices.
82 spontaneous questions raised by students, regarding any means or methods that facilitate or
83 encourage the violation of any state or federal criminal law by a minor or an adult.
85 responding to a spontaneous question as long as the response is consistent with the provisions
86 of this section.
88 required under Subsection (2)(a) after considering evaluations of instructional materials by the
89 State Instructional Materials Commission.
93 Subsection (2)(h).
102 (h) An LEA governing board that adopts instructional materials under Subsection
103 (2)(g)(ii) shall:
104 (i) ensure that the materials comply with state law and board rules;
105 (ii) base the adoption of the materials on the recommendations of the LEA governing
106 board's Curriculum Materials Review Committee; and
108 open and regular meeting of the [
109 given to parents of students attending the respective schools and an opportunity for parents to
110 express their views and opinions on the materials at the meeting[
116 (3) (a) A student shall receive instruction in the courses described in Subsection (2) on
117 at least two occasions during the period that begins with the beginning of grade 8 and the end
118 of grade 12.
119 (b) At the request of the board, the Department of Health shall cooperate with the
120 board in developing programs to provide instruction in those areas.
121 (4) (a) The board shall adopt rules that:
122 (i) provide that the parental consent requirements of Sections 76-7-322 and 76-7-323
123 are complied with; and
124 (ii) require a student's parent to be notified in advance and have an opportunity to
125 review the information for which parental consent is required under Sections 76-7-322 and
127 (b) The board shall also provide procedures for disciplinary action for violation of
128 Section 76-7-322 or 76-7-323.
129 (5) (a) In keeping with the requirements of Section 53G-10-204, and because school
130 employees and volunteers serve as examples to their students, school employees or volunteers
131 acting in their official capacities may not support or encourage criminal conduct by students,
132 teachers, or volunteers.
133 (b) To ensure the effective performance of school personnel, the limitations described
134 in Subsection (5)(a) also apply to a school employee or volunteer acting outside of the school
135 employee's or volunteer's official capacities if:
136 (i) the employee or volunteer knew or should have known that the employee's or
137 volunteer's action could result in a material and substantial interference or disruption in the
138 normal activities of the school; and
139 (ii) that action does result in a material and substantial interference or disruption in the
140 normal activities of the school.
141 (c) The board or [
142 school employees or volunteers that supports or encourages criminal conduct.
143 (d) The board shall adopt rules implementing this section.
144 (e) Nothing in this section limits the ability or authority of the board or [
145 an LEA governing board to enact and enforce rules or take actions that are otherwise lawful,
146 regarding educators', employees', or volunteers' qualifications or behavior evidencing unfitness
147 for duty.
148 (6) Except as provided in Section 53G-10-202, political, atheistic, sectarian, religious,
149 or denominational doctrine may not be taught in the public schools.
150 (7) (a) [
151 governing board's employees shall cooperate and share responsibility in carrying out the
152 purposes of this chapter.
153 (b) [
154 development for the [
155 administrators to enable them to understand, protect, and properly instruct students in the
156 values and character traits referred to in this section and Sections 53E-9-202, 53E-9-203,
157 53G-10-202, 53G-10-203, 53G-10-204, and 53G-10-205, and distribute appropriate written
158 materials on the values, character traits, and conduct to each individual receiving the
159 professional development.
160 (c) [
161 described in Subsection (7)(b) available to classified employees, students, and parents of
163 (d) In order to assist [
164 professional development required under Subsection (7)(b), the board shall, as appropriate,
165 contract with a qualified individual or entity possessing expertise in the areas referred to in
166 Subsection (7)(b) to develop and disseminate model teacher professional development
167 programs that [
168 referred to in Subsection (7)(b) to effectively teach the values and qualities of character
169 referenced in Subsection (7).
170 (e) In accordance with the provisions of Subsection (5)(c), professional development
171 may not support or encourage criminal conduct.
172 (8) [
173 (a) [
175 (b) for a local board of education of a school district, data for each county that the
176 school district is located in, or, for a charter school governing board, data for the county in
177 which the charter school is located, on the following:
178 (i) teen pregnancy;
179 (ii) child sexual abuse; and
180 (iii) sexually transmitted diseases and sexually transmitted infections; and
181 (c) the number of pornography complaints or other instances reported within the
182 jurisdiction of the [
183 (9) If any one or more provision, subsection, sentence, clause, phrase, or word of this
184 section, or the application thereof to any person or circumstance, is found to be
185 unconstitutional, the balance of this section shall be given effect without the invalid provision,
186 subsection, sentence, clause, phrase, or word.